The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-21
REPORTS OF OFFICERS


the national executive board and was sup
ported financially by the national organiza-
ton.
Among the sectional or local strikes
OF more than ordinary Importance during
the past year were the strike OF the block
coal miners of Indiana; that at the mines
Company. at Tracy and Whtwell, Tenn;
the strike on the West Penn road, In the
Pittsburg district; the strikes at the mines
Of the Buffalo, Rochester and Pittsburg
Company, and the Webster Coal Company,
In District 2 and that at the mines or the
Empire Coal Company. operated by the DE
Armits, in District 6.
Many of these strikes were supported
financially to a greater or less degree by
the national organization, and each of them
was terminated by agreement between the
operators and miners, in most instances
concessions in wages and improvements IN
conditions of employment being obtained.
In fact, the strike at the Empire Coal Com
pany, which had been in force for about
one year and was bitterly contested, ended
by the withdrawal of the De Armits from
the management of the mines and the pay
ment OF the entire union scale.
"A reference to the reports issued by the
United States Department of Labor shows
that strikes become less numerous from
year to year. That this Is due to the opera
ton of our joint agreements there can be
no reason to doubt, and IL affords me great
pleasure to be able to report that with
very few exceptions operators and miners
have adjusted all local disputes in salts
factory manner without resorting to cessa-
ton Of work. Local and general strikes
occur more often in those districts in which
the operators, for some reason beyond my
comprehension. refuse to recognize the
organization treat with it's accredited
officers in the adjustment of controversies
which arise from time to time.
with each succeeding year the relations
become more cordial between the operators
and miners in those districts where trade
agreements exist, and the bond of mutual
confidence and respect perceptibly in
creases. That the business relationship
now existing Will continue to grow as time
goes on is my earnest hope and confident
expectation"
INCORPORATION OF UNIONS.
Concerning the incorporation of trade
unions. Mr.. Mitchell says: "Emanating
from sources antagonistic to the trade
union movement. an agitation has been
started demanding that the unions shall
incorporate. and If they fail to do so that
they shall be outlawed by statutory provi-
sion. Spacious arguments are presented in
favor of the Incorporation Of the unions by
those whose real purpose it is to destroy,
by professions of friendship, what they
have failed to annihilate by unceasing OPP
position and open hostility.
I'm order that our members might have
the benefit of the advice of an attorney
qualified to speak authoritatively upon this
SuDJcCl, ISquSSlcu MI. Oldt CHCc DdiIOW
to prepare an opinion, which / herewith
incorporate in this report
Mr.. Darrow's opinion was that the incor-
poration of trades unions would mean their
absolute destruction.
Concerning the injunction Mr.. Mitchell
says:
1.-THE application of the federal injunction
| in West Virginia, the incarceration of rep
resentatives of the United Mine Workers of
America for alleged violation of the re-
straining orders issued by Judges Jackson,
| Keller and Mcdowell, has more than en-
phasized the dangers pointed out in my an
nual reports of the past three years. The
abuse of the writ of injunction was never
more forciby demonstrated than during
| the strike in Virginia and West Virginia,
| when a number of our board members and
| organizers Were sentenced to Imprisonment,
! their only offense being that they held
meetings on ground leased by our organi-
cation and appealed in the most temperate
| language to those assembled there to join
| in the strike for better wages and the ex-
ercise of liberties guaranteed them by the
| Constitution and laws OF our country. Gov
| eminent by injunction is one of the most
| insidious, harrassing and dangerous meth
| DDS resorted to by the enemies of the work.
| ing man to destroy labor organizations and
to circumvent the constitutional rights of
| trial by jury. The whole system of govern
ment by injunction grows from the dstrust
! of the ultra-capitalists for democratic in
| stitutions. These men and their LAWYERS do
| not really believe in the jury system and
| they freely resort to government by injunc-
/ ton to deprive citizens or what has for
years been considered their constitutional
| right-the right of trial by jury of their
! peers before they shall be imprisoned for
crime.
'The reasons given for the issuing of in
| functions are always misleading and gen.
| orally false. So far as these injunctions
are issued in labor cases they are never
issued excepting in such cases as call for
| the exercise. of the criminal law While
| the various judges of the different States
| of the Union and of the Federal Courts
1 atntsr avaI sr,I.D
| decisions as to what facts call for the is
| suing of injunctions, still ii is safe to say
| that in labor cases an injunction cannot be
| issued in any case where there is not a vio-
| lation of a criminal law. 1t is perfectly
| plain that in every violation of a criminal
| law, the defendant can be proceeded against
| by Indictment and a trial by jury of his
| peers. Instead of proceeding in the regular
| way that has been provided by constitutions
and bylaws shrewd corporation lawyers
have constantly appealed to the courts to
exercise this extraordinary power, for the
| purpose of putting workingmen In jail in
| cases where jury would not fnd them
| guilty of crime.
ALLEGED DANGERS.
ITO understand the dangers of government
| by injunction one should know something
of the constitution of courts. Judges are
! like other men. They are moved by the
same feelings. prejudices and passions that
| influence ordinary citizens. 1t is very rare
that a judge acts from any corrupt mo-
tive, but every lawyer of ability or under
standing knows perfectly well that judges
have the same individual bases and lean
! ings that are found in other men. Judges
are, of course, chosen from the ranks of
| lawyers. Naturally they are chosen from
the ablest and best lawyers. BY the nat
ural evolution of business, these lawyers
| are men whose practice has been mainly
for corporations and the employing class.
| The best known and the keenest lawyers
| have always been hired by the richest
| clients They were generally called upon
| TO serve the strongest corporations. AS
| Stunning that they are perfectly honest-as
! they generally are-theSe lawyers called
upon to serve special interests and view
all questions from certain standpoint
! cannot help looking at the questions that
now divide capital and labor from the
| standpoint of the employing class. Their
| whole social life is spent with these men.
! They belong to their clubs, they mingle
with them socially. They are a part of
| the employing class and have grown TO
view all questions from their standpoint
1T is as natural for these lawyers to
| approach the decision of any case from the
| standpoint OF the employer il is for the
| members of trade unions TO approach il
| from the standpoint of the laboring man.
| When these lawyers go upon the bench
! they naturally carry with them their pre-
| conceived opinions as to the rights and
| duties of capitalists and laborers and their
| proper standing before the law" Mr..
| Mitchell at this point described the process
| usually followed in securing injunction,
| and then continued:
at will not do for the special pleaders to
say that labor unions oppose government
inn hoy hell tl,a