The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1902-10-17
INJUNCTION ASKED
AGAINST STRIKERS
David Wilcox, Spokesman for
Operators, Addresses Long
Letter to Roosevelt.
APPEAL TO GOVERNMENT
Asks That Strikers Be Suppressed With
All the Power Of the Nation
Debs Case Cited ao a
Precedent.

Precedent.
New York, Del. 13.-David Wilcox,
vice president and counsel for the Della
ware & Hudson Railroad company, has
sent to President Roosevelt a letter de-
handing that the federal government
proceed against the miners organiza-
ton in the courts on the ground that it
Is a conspiracy to prevent interstate
Wilcox, 1t is said on authority, repre-
sents all the Goa operators in this sec
ton. II was selected as their spokes-
nan. The letter follows:
New York, Oct. S.-To the President
OF the United States: Sir: Upon June
7 last, 1 had the honor to address g.
letter to yourself calling attention to
the character of the United Mine Work.
orga nization is fully established by au-
thorities to which I then referred and
Its methods have since been again con-
demned by the circuit courts of the
United States, Omitted States VS.. Web
er, United States VS.. Haggerty.) In
the Weber case, too, the court said: 1t
Is hardly open to serious question that
legal
Question Of Jurisdiction.
Some question has, however, been
made as to whether the national gov
eminent has power to take action
against 1t on that account, and I there
fore desire respectfully to submit some
considerations which seem to establish
that 1t has such power.
THE statute generally known as the
Sherman act provides that every con-
tract or combination in the form of a
trust or otherwise, or conspiracy in re-
straint of trade or among
the several states or with foreign ma
tlons, Is hereby declared to be Illegal
Commerce among the states begins
when the subjects thereof begin to
move to their place of destination and
ends when they are sold. The question,
therefore, is whether the Mine Work
ers' combination constitutes a restraint
upon such commerce. The view that it
does not Is based upon the contention
that this. combination affects only the
production Of coal within the states,
and not shipments Of coal from one
state to another. It is submitted that
this distinction is without foundation
In law or facts.
Authority Quoted.
1.-THE authority in support of this view
upon which reliance Is principally
placed is the case Of the United States
VS.. D.. c.. knight company. In that
case several sugar refineries in Penn
sylvania had been united In one Or
g/nization. The court held that this
consolidation Of interests did not come
within the statute because it affected
merely the process of manufacture and
had no necessary effect upon the Ship
ment OF the manufacturers product out
of the state. It will be seen that these
facts were widely different from those
Involved in the present case.
The coal of the country is a most
I ~ - @y+1 ~ 49,, 20 SL- --
merce. The Min Workers association
consists of a combination of persons
employed in the production of coal in
many states Of the union. It's object
and effect Is to control the terms upon
which this subject Of interstate COM
merce may be produced at all, either
for state or interstate shipments. It's
coal shall be shipped anywhere within
the country unless it SO permits.
Not Merely Restraints, but Destroys.
This combination, therefore, not
merely Restraints but destroys inter-
state commerce, by preventing the Sex-
lstence of such commerce In the general
public interest and Importance, No
more effective or radical restraint Of
Interstate commerce; could be imagined.
THE Delaware and Hudson company
was chartered by the state of New
York on April 90, 1928. for the purpose,
as expressed In it's charter, of furnish
Ing to the state of New York a supply
Of coal found in the state of Pennsyl-
vania. As a result Of the mine workers
Organization the interstate commerce
of this corporation has been for the
time being In great part destroyed. OBJ
iviously a combination which has this
direct effect upon established inter-
state business Is in every sense a re-
straint thereon. Accordingly since the
knight case It has been accepted tina
combinations which have the effect Of
are within prohibition of the statute. o.
@ More Authorities.
SIN Addyston Pipe Company VS.. Unit
ed States, there was a combination of
manufacturers within certain states
which restrained shipments by parties
out of their respective states in compe-
tition with each other. The court said
the direct and immediate result Of the
i combination was thereof a
restraint upon state in re-
spect of articles manufactured by any
4 parties to 1t to- be transported beyond
the state in which they were.
TN Chesapeake8& Ohio Fuel3Co.,sys
United States, there swas a combination
Of all miners OF coal within a certain
1T territory to sell all their to one
corporation andEthe product Wasain the
natural course of business shipped to
other states. n Both these combinations
were heldSto be unlawful for the reason
that they restrained the movement OF
products of manufacture out of
Estate save upon the terms dictated by
the parties to the combinations II the
fact that accumulation has that direct
and necessary effect brings it7within the
statute. its form Is o. no Importance,
for the statute says that every such
combfaation is illegals@8As already said,
thessmine workers combination is IL
legal. As already said, the mine work
ers. combustion does mot. merely re-
strain interstate ommerce, but abso-
lutely destroys it. Cant be seriously
claimed hat combinationAwhich
restrained shipments would no.? Mani