Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-13
HITS MINERS UNION TIFF WITH LAWYER
Injunction Against United
Workers Made Permanent
IN WEST VIRGINIA CASE
Organization Restrained From In
terfering With Employees of Coal
and Coke Company.

RICHMOND, Va, March 12.-By dis
missing the appeal OF the United Mine
Workers OF America. as 1t has done, the
United States circuit court Of appeals
practically perpetuates a temporary In
junction which Is Of sweeping character.
The case Is that Of Vice President Lewis
Of the mine workers, as an individual
and as vice president of the union.
against the Mitchman Coal and Coke
Company Of West Virginia, and is an
appeal from the decision OF the United
S ates circuit court for the northern dis
trict of West Virginia at Phillippi
The Injunction, which is continued as
the result OF the decision of the appel
late court, restraints the union from inter-
fering with employees of the company for
the purpose of unionizing the mine, from
interfering and conspiring to interfere
ingly to bring about in any manner the
breaking by the plaintiffs employees of
contracts for service existing at the
time or thereafter entered into; from
from compelling by threats Of violence
any employees to leave; from establishing
pickets around the property Of the COM
pany for the purpose of using violence
or threatening or persuasive language to
induce the companys employees to leave.
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.
Judge Dayton's Opinion.
In his decision granting the tenn
porary injunction May 26, 1908. and
which is made permanent by the ap-
pellate courts decision, Judge Dayton
of the United States circuit court for
the northern district of West Virginia
set forth that the complaining corpora
ton had suffered grlevously at 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 do their Will
clothed with this power, they have said
to the plaintiff: Notwithstanding you
have complied with an the requirements
of organization, have agreed to all its
terms and conditions, have employed only
union men, have secured nearly $4,000 to
the unions funds In the way of dues from
your miners, we propose to stop your OPP
erations, require your men to cease
working for you, shut down your mine,
compel you to violate and lose your con-
tracts and, in accordance with this pur-
pose to injure, have actually carried out
these declarations, have stopped opera
tions, have called out the men and COM
PEELED them, against their will, to cease
work, have shut down the mine and held
it in this condition from April Is to June
IL, some fifty working days, at loss,
Judging from the output of the mine, that
may be estimated as from $500 to 500 a
day, and with then no promise of let-up
before plaintiffs final ruin should be &C
complished.
Evidence Of Conspiracy.
"But in addition to this question Of in
ducing the violation of lawful contracts.
it seems to me very clear that no matter
how meritorious an organization this
United Mine Workers Of America may be
in purpose and intent, the allegations of
this bill, IL true, and they must be con-
coded to be SO upon the determination OF
this motion, disclose as plain a consp racy
upon the part of these defendants to In
jure and ruin the plaintiff as could be
well conceived OF"
'"The sole excuse continues the deci-
sion, lis alleged to be that some OF plain
tiff's rival operators refused to comply
with the unions demands and exactions.
The court continued:
"Actuated by a natural sympathy for
labor and an earnest desire to uplift and
aid it, which we all have. many sincere
but misguided persons would concede to
it an estate superior to 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