Bisbee daily review., 1917-12-23

ganizer. but denied that he had power or authority to shut down the Hitch man mine.
 He arrived at that mine some time in September, 1907. and remained tiere or in that vicinity until the lat ter part or October. conducting a cam rai gn of organization at the Hitchman and at the neighbOring Glendale and Richland mines.
 The evidence shows that he had d's- tinct and timely notice that member ship in the Union was inconsistent with the terms of employment at all three mines. and a violation of the eN- press provisions of the agreement at the Hitchman and Glendale.
 Having unsuccessfully applied tO Koch and Mckinley for their cOOpera- ton. Hughes proceeded to interview as many of the men as he could heach and to hold public meetings in the in- terest of the Union. There is clear and uncontradicted evidence that he did not cOnfine himself to mere per suasion. but resorted 70 deCeptiOn and abuse Tn his public speeches he eul- rloyed abusive language respecting NIT. Pickett. William Daugherry. and Jim Jarrett. He prophesied. in such a way that ignorant. foreign-bOrn min CTS. such as he was addressing. na- turally might believe him to be speak ing with knowledge. that the wages paid by the Hitchman would be re duced unless the mine was uniOnized. The evidence ss to the methods he employed in personally interviewing the miners. while meagre. is signific- ant. Myers. < Hitchman miner, test flied: He told me that he was a good friend of MT. Koch. and that NIT. Koch had nothing against having the place organized again. He said he was a friend of his. and I made the remark that I would ask Mir. Koch and see if it was so; and he said no. that was of no use because he was telling me the truth" He did not cOnfine his attentions to men who already were in plaintiffs employ. but in addition dissusded men who had accepted em- plOyment from going to work.
 A highly significant thing. giving character to Hughes' entire course of conduct. is that while his solicitation Of the men was more or less public, as necessarily it had Co be. he was careful to keen secret the number and the names of these who agreed to join the Union. Myers. heing asked to al tow his name to he entered on a book that HuChes carried. tried to see the names already entered. but he would not show anything: he told me he had it. and ! asked him how many names was on it. and he said he had about enough to crack off '. To Stewart. another Hitchman miner. he said "le was forming a kind ot secret order among the men. he said he had a few men-he did not state the number Of them-and he said each man was sup posed to give him so much dues Co kent it going. and then he said after he got the majority he would CrCauiZe the place" Pickett. the mine superin- tendent. had learned Of only five men at the Glendale who were inclined Co join Hughes movement; but when these were asked Co remain outside Ot the mine for a talk. fifteen other mcr waited with them. and upon being rc- minded that while the company would UtL AlN TO prevent NuCDN tAAAa NSAti'l- ing members of the Union. they could not be members and at the same time work for the Glendale Company. they all accepted this as equivalent to a notice of discharge And. as has been stated. the owner Of the Richhnd. while repeatedly threatened with unionization. was kept in the dark as to the progress made by the organ iTer amongst his employees until the mine was actually shut down.
 The question whether Hughes had power or authority" to shut down the Hftchman mine is beside the mark. We are not here concerned with any question of ultra wires. but with an actual threat of closing down plain tiff'S made by Hughes while acting 0S agent of an organized body Of men who induhitahiy were united in pur' pose to close it unless plaintiff Soull conform to their wishes with rSSpec to its manaEement. and who lacked the power to carry out that purpose only because they had not as yet per suaded a sufficient number of tSe Hitchman miners 10 join with them, and hence employed Hughes as an Ger ssnizer- and sent him to the mine with the very object of securing the support of the necessary number c, miners They succeeded with reSnecr