The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-11-08
MINERS LOSE IT



coal supplies and diminishing financial
returns thru operation of the roads.
Taken together, these affidavits
show, said Judge Ames. that the
government is operating the roads now
at a loss which will increase with di-
minution of supplies for opera ton"
Counsel for the defense tried to OBJ
ject to the reading but Judge Ander-
son halted them.
These are equity proceedings and
I am going to let the evidence in,"
said the court.
Judge >Ames then read an affidavit
from Thomas L. Lewis. secretary of
the New River Coal association. of
West Virginia. This document de-
tailed the alleged violation of union
contracts in that field. Similar affi-
davits were offered detailing alleged
similar conditions in eastern Kentucky
and Tennessee.
Judge Ames then related the re-
esta bliShment of certain fuel adminis-
tration orders.
II believe these are all the facts
we wish to present at this time said
Judge Ames.
Argument of Defense.
The defense thereupon started to
read its motion to dissolve in the form
of an affidavit.
The document asserted the legality
of the strike call and that the sole OBJ
ject was to better the living conditions
of the miners by increased wages and
shorter working hours This was ex-
planned as designed to combat the gov
eminent assertion of a conspiracy to
violate the Lever food and fuel con-
troll act.
The affidavit cited the statute for
bidding issuance of injunctions in la
! Dor disputes unless based upon de-
struc;ion OF, property of the COM
lsplainant.
4
J become ineffective because the war
had ceased progressively" two of the
! circumstances cited in this connection
! being that soldier members of the
union had been discharged from gov
eminent service and that the coal
{ mines had been returned to their
/ owners.
/ 1.-THE union members, therefore be-
! lieved that peace had come and that
the United States was no longer at
war" said the affidavit. And it Of
/ fered to show in court that by acts of
the federal administration, the war
! powers relating to the fuel industry
/ had been dissolved.
The motion also argued that the re-
I straininG order was calculated to de-
! stroy the right to strike and result in
dissolution of the organization. 1t
also asserted that the portion of the
order restraining use of union funds
confiscated property without due
i process of law.
Base of Action.
The governments action against the
strikers leaders is based on the pro-
visions of the Lever law, making it a
crime to conspire to limit the produce
ton of food or fuel. Under this law
the action against the union heads
might have been made criminal. but
government legal authorities decided
against. this policy as the less effective
of the 'courseA open to them.
To establish the point of property
right. in connection with the strike OF
miners. government counsel has
brought into the case the effect of the
Istoppage of coal production on the
railroads which are guaranteed an in
come by the government. The argu-
ment is that the United States as re-
suit of the strike, will be forced tc
pay the railroads amounts exceeding
those necessary if operation were MOI
curtafled thru coal shortages.
Produce 100000 Tons.
Washington, Nov. S.-Production OF
bituminous coal last Saturday, the first
day of the coal strike, was estimated
today by the geological survey al
slightly less than 100000 tons This
compares with an average normal
daily output of nearly two million tons
For the five days preceding the
strike, the output was 12.142. 600 tons
an average per working day of more
than 100000 tons. This was far
above the average, and was exceeded
| during only one other week this yea r