The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1915-02-23
DENIES JAIL hint
FOR union CHIEFS
Judge Dayton Says He Had
Voiced No Opinion They
Should Be in Prison.
TESTIFIES FOR HIMSELF
Col. Roosevelt May Appear in Hear
ing Before House Judiciary
Committee.
TESTIFIES FOR HIMSELF

Judge A. G. Dayton, of West Virginia,
went on the stand yesterday in his own
defense before the subcommittee of the
House Judiciary Committee appointed to
inquire into charges made against him
by Representative Medley, of West Vir-
ginia, in behalf of labor organizations.
The investigation was authorized in re-
Spouse. to a resolution offered by Mr..
Medley. in which the charge was made
that Judge Dayton was friendly to GER
tain corporations and unduly harsh to
labor unions involved in litigation before
his court.
Testifying yesterday Judge Dayton re-
viewed his decision in the Hitchman Coal
and Coke Company case, now pending
in the United States Supreme Court. This
case brought him in conflict with the
United Mine Workers of America.
Cites Miners Agreement.
Judge Dayton said that the Mine Work
ers Union had entered into an agreement
with the coal operators in Illinois, Ohio
and Western Pennsylvania which would
have had the effect OF driving the West
Virginia and kentucky coal out Of the
market which the states named supply
He said that the contracts between the
union and the individual minors, togeth-
er with the union oath. took away from
them their right to contract, and that
they were absolutely controlled by the
higher officials of the Mine Workers
Union.
He declared that he made an exhaus-
tive study of all the precedents involv-
ing labor questions, and was forcedT to
the conclusion that the restraining order
asked for by the Hitchman Coal and
Coke Company should be made perma-
uent
These decisions" he said were the
result of conscientious performance of
what L regarded as my duty, and were
not dictated by hostility TO labor or
CARNATIONS
Judge Dayton was asked whether or
not in a charge in proceedings in which
several miners were before him charged
with contempt in failing to obey an in
junction of his court he had expressed
the opinion that he was disposed to send
the higher officials of the union to
prison. He replied that, as far as he
could remember. he had been lenient to
the miners who had been charged with
contempt. and had carefully explained to
them the scope of the injunction order.
Finally, he said. he released them upon
their individual promises that they would
In the future obey the injunction.
Judge Makes Denial.
The West Virginia jurist entered a
general denial of the charges brought
against him by the labor unions. which
instituted the proceedings before the
House committee with a view to the
impeachment of Judge Dayton.
The subcommittee has not decided
whether Col. Roosevelt who appointed
Mr.. Dayton TO the bench. will appear
before the committee. 1t has been
charged that Mr.. Dayton entered into
a conspiracy with corporal ons to Sc
sure appointment. and labor leaders
have been anxious to obtain publicity
of the Endorsements submitted to Pres
ident Roosevelt. 1t is understood that
the subcommittee has been in corre-
spondence with Col. Roosevelt and that
there is a possibility, unless the form
er President objects. that he will ap-
pear as witness in the case.