The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-02-23
JUDGE DAYTON SAYS
HE'S LABOR'S FRIEND
Declares His Decisions in West
Virginia Protected Free
dom Of Contract.
DENIES MINERS CHARGES

W,sniNcToX. Feb. % -Tederal
Judge A. q. Dayton OF West Virginia
testified to-day IN his own defence be-
fore IN. sub committee Of the House
Judiciary Committee. TIE investigation
was sutho. lied IN response 70 a rrso-
'ution offered by Repres NATIVE Medley
Of West Virginia IN which the charge
was made that Judge Dayton was
friendly 10 certain cor porations and un-
duy harsh to labor unions involved
m litigation before his court.
IN t,%stifying Judge Dayton devoted
nearly all hi4 time 10 "a review Of his
decision in The Mtchman Coal and
coke Company case now pending IN the
one Of the cases which brought Judge
Dayton into conflict with the United
Mine Workers OF America and which
resulted N tho introduction OF tire
Nrsi-v 'esoiution.
Judg- Dayton said thr min" workers
union had ou'cred an agreement with
the coal op rators N Illinois. ohio and
western pnnusrHvania wh'ch would
have had the cfrect of driving the West
Virginia and kentucky co.i out 81 mo
market.
A.. sad tte contracts he;ween t"e
uniun and the individual miners TO-
r,.ther with the union uAth took away
from the miners the right To- make o y
tracts and thist they w,r" dbsoiutely
controlled h, tie higher officials OF N"
mine workers union. He declared thLt
he mad. an exhaustive study OF All
lie piecsdvnts involving LABOR du'S
Ion. and was forced to the conclusion
that the restraining order asked f"r ny
th. Mitcilman company hould he made
u. rmdurNt
These decisions" he said. were the
-esuI; OF conscientious performance OF
what regarded as my duty AMI were
NOT Dictated by hostility 10 Labor p'Sdnl-
~as'ious'
Inds, Dayton vas asked whether or
not when several miuers wee het"fe
him ON a charge OF contempt I'm falling
20 obey an Injunction or hts court ne
lad said he was disposed 90 an the
higher officials of the un.on to prison.
tie g.p'i,d that a~ far - he could re-
membrr ao had been len"rt e" me
miners. who had been charged with com
,rrnpt. and had carefully explained to
thorn the scope of the injunction order
Finally, T.. said. he released them upon
.heir individual promises that they would
obey the injunction.
Judge Dayton said he hid ma rec''-
lection of making ans statement that he
would deal severely with the officials of
tho mine WORKERS uuiou II they had boon
Naror. him Tho West Virginia juiiS'
entered u general denial OF TIN charges
brought against him by the labor unions
which instituted the proceedings before
tie House committee with a view 20 the
impeachment of Judge Dayton.
The subcommittee has rot decided
whether or rot col Roosevelt. WHO APP
pointed Judge Dayton 20 the bench, Will
appear hcfol" the COMMITTEES. II has
been charged nat Judge Dayton enter"'
into a conspiracy with corporations n
got tho appointment and labor leaders
nave hceu anxious % oh'ain publicity ~
the Endorsements submitted o. Pres dent
I.rpSrvs.'.
1t j. understood that tho suo-con-
mittcc has been in corresroDdcrr' with
col Roosevelt and that there j. Il posi-
hility. unless tho former President oh-
iocts, that he will appear as a witness in
the case.