The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1913-07-24
MORNING BOARDING HOUSE CASE
SET FOR TRIAL WEDNESDAY, JULY 81
KATE LAUcHLlN VS.. FEDERAL MINING SMELLING COMPANY
EFT AL AND UNITED STORES COMPANY AL-sEcrloNs
OF COMPLAINT AND ANSWER

Mullan, against the Federal Mining
and Smelling Company, Harry l.. Day.
manager and heads Of departments of
the mining company, the United Stores
company. s. P, Tobn, manager and
other employees, was called In the dis
trict court yesterday morning. The
trial Of the case Is set for July 81
The case comes from Mulan, where
Is located the boarding house of the
plaintiff, and also general store Of
the United Stores company and the
boarding house commonly known as
the Morning boarding house
It is said to be the first case brought
under the law Of Idaho passed two
years ago by the legislature relative
to the company boarding houses and
stores.
The plaintiff Is represented by At
torneys Franklin Pfrman and James
A. Wayne c. w. Beale appears for
the United Stores company, S. P. To-
bin and others and Featherstone B
Fox for the Federal company Harry
L. Day and others.
Complaint Of Plaintiff.
The complaint covers five typewrt-
ten pages. The essence seems to be
contained in paragraphs an 7, as
follows:
"That the boarders, dodgers and GUS
toners of plaintiff have consisted, and
but for the acts of the defendantss
herein mentioned would now consist
largely of workmen employed by the
said defendant Federal Mining COM
pany. and plaintiff is dependent upon
the custom and continuous patronage
of said workmen for the maintenance
of her said business and for the sup
port of her said minor children and
herself
"That the said defendant. Federal
Mining company, unlawfnlly and with
out justjfiable cause. and with the
malicious intent to molest obstruct.
hinder and prevent the plaintiff from
carrying on her said business and
making a living for her said children
and herself, on or about July Is, 1912.
and at diverse times thereafter, and
until the filing Of this complaint, did
combine confederate and conspire to
and with the said defendants, the
United stores company, and with n.
T.. Day. s. p Tobin and others, to
coerce and intimidate such Of the
workmen employed by the defendant
mining company as were boaroers,
dodgers and customers Of the plain
ltiffs house, and by such coercion and
Intimidation to cause the said custo-
mers Of plaintiff to leave. and to re-
fuse to patronize the plaintiff, and 10
prevent all other workmen employed
by the defendant from patronizing the
plaintiff and entering into cotract with
plaintiff = and IN pur-
suance of said conspiracy as con-
dition in and for the employment OF
all unmarried workmen In and about
said Morning mine and mill, and as
continuance for said employment, said
defendants required that all unmarri-
ed workmen should board and lodge
with the United Stores company
y and the defendant caused to
he discharged from employment such
of the unmarried workmen as refused
to comply with such unlawful con-
ditions, whereby plaintiff has lost the
custom Of all workmen employed by
said defendant
Plaintiff prays for $4,000 damages.
Defendants Answer.
The attorneys for the defendants, as
mentioned above, file separate answers
|for their clients. Each covers six Or
seven typewriter pages. 4 Except for
1.-The admission Of few unimportaat
lpoints, both answers set up general
|denials of the main points in the COM
|plaint.
The following paragraph from the
lanswer of attorneys Featherstone q
Fox. gives the essence Of the general
Idenia!s:
"And in this behalf defendants allege
1.-THE fact to be that neither of them. nor
any other person in the employ of the
Federal Mining and smelling COM
pany, does not now and never has i'm
posed as condition to employment or
of continued employment Of Its work
men at the said Morning mine, or in
or about the said Morning mine that
. the said workmen should board at the
boarding house conducted as aforesaid
lby the said United Stores company,
or at any other place whatsoever, or
at all, but free choice has at all times
been given, and is now being given'
to the workmen employed by the
Federal Mining s. Smelling company
at the said Morning mine. or IN or
about the said Morning mine, to board
and lodge wherever they pleased
Attorney Beale's answer has the fol-
lowing allegation in addition to gen
eral denials:
Defendants allege, upon information
ana belief, that said boarding ana
lodging house was not opened for the
purpose OF securing patronage Of work.
CONTINUED on page eight