The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-10-13
ASKS FOR INJUNCTION.
Counsel of the D., L. & w. Says the
United States Court Could End
the Strike.
BY Exclusive Wire from The Associated Press.

II statement ABOUT tne leEal SOlutlol VI
the coal strike. He declares that the
powers of the federal government are
ample to deal with the problem. Fol-
lowing Is a summary of his statement,
as published in The Tribune:
The United Mine Workers of America
have entered into an agreement or con-
tract with each other not to work nor to
permit any one else TO work at mining
coal, except under the unlawful condi-
tions adopted by that organization. The
Supreme court has held in the Trans
Missouri case, wherein the antitrust act
was construed, that every contract which
in fact restraints or tends to restrain trade
is rendered illegal by said act of congress,
whether 1t is reasonable or unreasonable.
Under the provisions of the antitrust act,
the suit to restrain such illegal combi-
nation can be brought only in the name
of the United States and under the direc-
ton of the attorney general of the United
States.
The private and corporate powers of the
anthracite coal property. the twenty thou
sand men now employed in producing coal
thercfrom. the thousands of other er
ployes who are prevented from returning
to work by the acts of violence and in
tmidation of the lawless mob. the wives
and children of these miners. who are. or
soon will be- suffering from lack of proper
care, the interstate transportation com-
panes passing through the coal fields, the
millions of law abiding citizens of this
great nation who can see the right when
it is shown to them, should call upon the
president of the United States their
leader in this moment of supreme impor-
tance to uphold and enforce the law of
the land. They should ask him to request
the attorney general of the United States
to have bill filed in the circuit court of
the United States. in the state Of Penn
sylvania. in the name of the United
States, against John Mitchell, president,
and all the officers and members of the
organization known as the United Mine
Workers of America, asking the court
to restrain such defendants from intcrfer-
ing with the interstate transportation of
persons and property and the United
States mail, and from continuing the un
lawful combination and conspiracy which
exists to subject to the will of the con-
spirators the control of an interstate COM
modify and necessity of lifc-cOal-itS
production and transportation to its mar
kets in neighboring states. The evidence
to sustain such a bill is notorious. The
United Mine Workers of America is a
combination seeking the absolute control
of the manner, quantity and persons en-
ployed in mining coal throughout the
United States. 1t is controlled by one man
whose commands are supreme; it recog
nizes not our sacred constitution, which
guarantees that no person shall be de-
prived of life. liberty or property with
out due process of law.
The laws of this nation are adequate to
meet this crisis. The provisions of our
constitution and the various acts of con-
gress applicable to the facts involved
have within recent years been construed
by the Supreme court OF the United
States in the Debs case and in other
cases. Debs was president OF the Amer
lean Railway union. a voluntary associa-
ton. of which many thousand railway en-
poyes We're members, which sought. as
found by the Supreme court. to subject to
the Will of the cOnSpiratOrS the inter-
state transportation of persons. property
and the United States mail: and in or
der to acquire this power they ordered
their members on strike, which Debs
defined as being war. He publicly pro-
claimed, as found by the court, for the
purpose of enlistng public sympathy. that
the member who destroys property or vio-
lates the law is the enemy of the union,
yet he and his followers We're constantly
and secretly sending out commands to
prevent the scabs at all hazards from
working, which commands resulted i'm
riot. bloodshed. murder and destruction
of property. These facts are contained
and other facts being then conveyed to
the president of the United States. the
attorney general forthwith directed the
United States district attorney TO file Il
bill in the United States circuit court in
the name of the United States against
Debs, as president of the American Rail
way union, and all the officers and men,
bcrs of that union. praying that they be
restrained from further prosecution of
illegal ininnptipnnl orr
was granted forthwith. The strike, or
war, as Debs defined it, was Immediately
broken, and order and peace was re-
stored. In giving his testimony before
the court, and while under oath. Debs
said; 1T was not the soldiers that ended
the strike. 1t was not the old brother
hoods that ended the strike. 1t was simp-
ly the United States court that ended the
strike The federal courts have held in
more recent eases the United Mine
Workers of America to be an illegal as
sociation,
The federal constitution provides that
mo state shall deprive any person of life.
liberty or property without due process OF
law"
An msurrection prevails i'm seven of the
counties of the state of Pennsylvania.
The civil authorities are PROSTATE, and
even the National Guard of the state, of
which many of the United Mine Work.
crs of America are members are un-
able to enforce the law, and pro-
tect life. liberty and property. 1t is
therefore the duty of the federal govern
lnent to intervene.
The representatives of the owners of the
coal properties and interstate transporta-
ton companies have appeared before the
president in person and told him of the
existence of this msurrection, of this con-
spiracy, of mob rule, violence, intimida.
ton of men seeking to exercise their in
alienable right to labor, of the dynamting
of railroad bridges and buildings, of the
forcible obstruction to interstate trains
carrying passengers, commerce and the
United States mails of the attempted re-
sW'icton of a public necessity--coal--o of the
impotency of the civil authorities, and of
the inability of the state militia to en-
force the law. They stand ready to pro-
duce the evidence to sustain these facts,
and more
The great power of the federal govern
ment, of which the president is chief i'm
command, is required The power is not
dormant Two ways are open: He may
either dicet the attorney general of the
United States TO file q bill on the equity
side of the circuit court of the United
States in Pennsylvania, and let the court
hear the evidence and enter such order
as to it shall seem meet and Just; or, he
may, in the exercise or the great eXecu-
tive power of his high office as COM
mander in chief of the army of this ma
tion, order the federal troops to quell
the insurrection, domestic violence or
combination, to abate the great public
nuisance and protect life, liberty and
property.
Within brief time after he shall have
given either command, peace and tran
guilty will be restored. the normal pro-
duction of coal, public necessity, will