The San Francisco call., 1904-02-28
STRIKE FOR WAGES.


The complaint recites that on July
g. 1903, a scale of wages higher than
that prevailing in the mines was de-
manded, and a strike was thereupon
organized against the App mine. 1t is
alleged further that these unions or
ganized themselves into an unlawful
conspiracy for the purpose of enforcing
the strike and of compelling the COM
plainant to accept the said scale, and to
use an organized effort to injure the
mining business and destroy its mines
and other properties. 1t is averred that
by reason of such unlawful acts the
ADD mine has been injured already to
an extent exceeding 100000: that the
defendants have prevented the develop
ment and operation of the mines by
making use of threats, intimidation,
violence and assaults, thereby causing
the employees of the company to fear
bodily injury.
The further grave averments are
made that the Tuolumne Miners I'm
ion has threatened to blow up the pipe
line which runs from a ditch to the
App mine and supplies that mine with
water, without which it cannot be op-
Grated at all; that both these unions
have organized themselves into large
mobs and by force of arms have at
tackled and assaulted non-union en-
ployes Of the complainant and warned
them that if they persisted in the en-
pIoyment of the complainant they
would be killed by the members of the
union. 1t is charged also that many
of such workmen have been bruised
and wounded by the members of the
last named union, and that such en-
pIoyes are afraid to appear upon the
premises. Other employees are lodged
upon the premises and their meals are
served to them upon the ground by
servants Of the company.
ARMED GUARDS HIRED.
It is recited that because of these
lawless acts Of violence and intimida-
ton the complainant has been obliged
to hire armed guards at great expense
to prevent the strikers from destroying
property and killing their workmen.
Similar allegations are made against
the jamestown Miners Union. 1t is
stated in the complaint that these un-
ions and the members thereof are In
solvent and financially irresponsible;
that the complainants are expending
So. 900 per month on the mines, and
that they have been damaged already
to the extent of 100000 by the James
town Miners Union.
The act of the California Legislature,
approved March 30, 19O3 entitled An
act TO limit the meaning of the word
conspiracy and also the. use of restrain
ing orders and injunctions" is attacked
as unconstitutional 1t is averred that
the act deprives the complainant of its
property without due process of law,
and deprives il of the equal protection
of the laws: that it is in cQntravention
of articles V and XIV of the amend
ments to the constitution of the United
States, and is therefore null and void.
The further averment is made that
the complainant was invited to enter
the Jurisdiction of the State of Califor-
MIA upon its constitutional guarantee
that il would receive the equal protec-
tion of the law and have due process of
law, and in right and justice ought to
have and receive the same by the gen.
eral laws of the State.
1t is contended that the said act does
not regulate proceedings in equity in
the courts of the United States
Judge Morrow issued a temporary
restraining order