New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-13
STRIKERS HARD HIT
SWEEPING DECISION.
Holds All Interference To Be
Unla7cful.


appeal of the United Mine Workers of
America here to-day tire United States Cir
cult Court OF Appeals practically perpetu-
ated temporary injunction which Is OF
sweeping character.
The case is that OF President Lewis, OF
the Mine Workers. as an individual and as
vice president of the union against the
Hickman Coal and Coke Company of West
Virginia and is an appeal from the decision
of the United States Circuit Court for the
Northern District OF West Virginia at
Phillippi.
The injunction restraints the union from
! interfering with employees OF the company
for the purpose OF unonizing the mine;
from interfering and conspring to inter
fere with employees OF plaintiff. so as
knowingly TO bring about In any manner
the breaking by the plaintiffs employees of
contracts for service. existing at the time
or thereafter entering into: from trespass-
ing on the companys property: from COM
polling by threats Of violence any en-
ploye 70 quit; from establishing pickets
around the property of the company for
the purpose of using violence or threaten
ing or persuasive language TO induce the
| company's employees to leave il.
The case was not decided on it's merits.
as the appeal was not taken within thirty
days. as required by law. This was the
basis of the decision Of the appellate
court
In his decision granting the temporary
injunction, on May %. 1908. and which is
/ made permanent By the appellate court s
decision, Judge Dayton, of the United
States Circuit Court FOR the Northern Dis
trict of West Virginia, set forth that the
complaining corporation had suffered griev-
ously al the hands OF the United Mine
Workers Of America. The opinion says, in
part:
They have secured control of this or
ganization They have bound its members
to obey their orders and to do their will.
Clothed with this power, they have said 70
the plaintiff: notwithstanding you have
complied with all the requirements of or
ganization, have agreed TO all its terms
men. have secured nearly $4,000 to the
unions funds in the way of dues from
your miners. we purpose 10 stop your OPP
erations, require your men to cease work
ing for you. shut down your mine, compel
you TO violate and lose your contracts,
and in accordance with this purpose to in
larations have stopped operations, have
called out the men and compelled them,
against their will. to cease work, have shut
down the mine and held IT in this condi-
ton from April is TO June 12-some fifty
working days-at A loss, Judging from the
output of the mine, that may be estimated
AT from 5000 10 500 a day, and with then
no promise of a let-up before plaintiff 5
final ruin should be accomplished.
But in addition to this question of Undue
ing the violation of lawful contracts. II
seems 10 me very clear that. no matter how
meritoriouS an organize ton this United
Mine Workers of America may be in pur-
pose and intent the allegations of this
bill. if true-and they must be conceded
to be upon the determination OF this mo-
the part of these defendants 10 injure and
ruin the plaintiff as could be well conceived
Of
The sole excuse. continues the decision
is alleged to be that some OF plaintiff $
rival operators refused TO comply with the
/ unions demands and exactions.
"Actuated by a natural sympathy for
Ia bor and an earnest desire to uplift and
aid it. which we all have" says the court
many sincere but misguided persons
would concede to it an estate superior 70
any above that possessed by other classes
in this republic Of liberty and equal rights
and they are fond OF denouncing courts
Of equity for staying the hands OF labor
| leaders in their unlawful exercise OF power
to achieve this end
Washington. March 12-SamueI Gompers.
president of the American Federation OF
Labor, when he read the decision of the
Circuit Court of Appeals at Richmond.
Va. in the Hickman strike case, tonight
asserted that the decision declaring the
ympathetic strike unlawful meant nothing
less than a recognition of human slavery.
When workmen are denied the right
to leave their employment for any reason. -
he said, when they are compelled TO work
against their will, involuntary servitude.
slavery has been re-established. Perhaps
in these instances. as in some others when
the courts decisions become more acute
and unjust, a great revulsiOn of feeling will
occur. the conscience of the people touched
and a great change for the better Will
come about.