Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1915-03-04

during the trial of certain miners and
and other persons who were members
of labor union organization his man
ner and language toward the defend
ants while upon the bench was that
of hatred and bitterness; he at one
time during the proceedings saying, by
his own admission from the bench
that if he had John P. White, the
president of the United Mine Workers
of America before him he would send
him to jail for year, the said John
P. White not then being in court and
not having been served with any
process of said court.
/ 1t is but fair to say that the cases
last referred to were intimately as
ISOLATED with very serious dispute
between the West Virginia Coal Co
and certain of it's employees and Ger
tain members Of the United Mine
Workers of America, a condition in
which a number of miners were on
strike, and the circumstances sur
rounding these trials referred to were
very unusual and probably afforded
opportunity for aggravation, but the
evidence adduced shows that at times
during these trials Judge Dayton was
very impatient of hearing what the
defendants had to say, his name
was heated and impassioned, he was
laboring under much emotional ex-
citement, and his conduct generally
that of one who had prejudged the
cases before him.
"VIII. Whether he has used his Of
fee as judge to discourage and pre-
vent said miners from exercising their
lawful right to organize and peaceably
assemble under the laws of the United
States and the State @of West Vir-
ginia.'
The evidence adduced shows that at
the time Of the litigation in the case
of the West Virginia Coal Co. VS.. J. p
White, ct al, an assembly Of men in
tents near the property Of the West
Virginia Coal Co. was declared by
Judge Dayton to be illegal and in vio-
lation Of his restraining order there
tofore issued, but 1t is in evidence
that with the consent Of counsel for
the defendants these, tents were with
drawn to place much farther away
from the company's property.
There is some question as to the
purpose for which these. tents were
erected and maintained; but among
the things enjoined by order OF Judge
DAYTON. some undoubtedly most pro
ner was the furnishing of aid or as
sistance by giving food and supplies
to those who were on strike at tina.
time, and punishment as for con
tempt of those who did so furnish ali
and assistance by giving food and
supplies.
While Judge Dayton in his opinion
written in the Hitchman Coal Co. case
has defined his idea Of the rights O..
labor and capital tC organize, holding
that they mutually have such rights
under proper conditions, the conduct
and trial of these Injunction and con
tempt cases furnish abundant illustra-
ton of the strong personal opinion OF
Judge Dayton upon the question of la,
Dor organization.
/ xix. Whether he conspired with
certain corporations and individuals
| in the formation of carbon trust, in
violation of law"
The evidence adduced shows that
Judge Dayton was and is the owner
and holder Of stock in the Acme Car.
bon Co. in the amount of $4,000, an6
that the product of the Acme Carbon
Co. was marketed by a selling agency
known as the Federal Carbon Co.
which sold the output of other carbon
concerns as well, and there is some
evidence to prove that he was consult
ed with reference to the legality Of tho
contract of the Acme Carbon Co. witt
The Federal Carbon Co., and that he
had written or assisted In writing g
letter to the Acme Carbon Co., urging
1.-The payment of larger dividends t.
him upon his stock under the coercion
lof 4 possible proceedings for receiver
ship in a Federal court. Judge Day
ton denies any knowledge Of the con
ltract for marketing the product Of thu
Acme Carbon Co. by the Federal Car
bon CO, and has produced copy Of /.
] letter to the former company writer