The Bismarck tribune., 1919-04-08
SOC. 60c. s1.2O

partnership the possession OF the min
ing property aforesaid; that since
SAID date the said partners have been
N possession of such property and
nave conducted and carried on coal
mining operations therein and re-
moved large quantities OF coal there
from: that the several members of
such partnership have carried on such
operations as the owners OF the right
to DO under the terms Of the agree.
ments and personally have performe /
and are performing all the labor in
cidental thereto, by working ten hours
day, and that they have not en-
plOyed and do not now employ any
laborers, miners or other employees to
assist in such operat tons. and that
the plaintiff has mot employed and
nouous not noy employ any miners, la
= Mine Conforms. .....
The coal mine is alleged to substau-
TALLY conform to the provisions of
North Dakota's mine inspection act
and to not be detrimental to the
health, welfare, peace or safety of
those engaged in carrying on mining
operations therein.
The complaint alleges that the de-
fendant, State Mine Inspector Han
well, asserts that the operation Of
such mine by the operators as the
owners of the right to operate the
same is subject to the provisions Of
the mine inspection act; that by tle
terms thereof the operators can be
required to reduce their working day
to eight hours; that the operation OF
said mine for ten hours a day, tho no
employees are engaged therein. is H.
legal and in violation of said act: that
it constitutes criminal offense un-
der the laws of North Dakota; that
the plaintiff and the said operators
are liable to criminal prosecution for
such operation; that the said property
is subject to the injunction proceed
ings specified in Sec. s. of said act,
and that defendant has authority un-
der the provisions thereof to close
said mine .andato discontinue the oper-
alton thereof until the number of
working hours therein is reduced: n
Mine Inspector Gets Busy.
= The complaint recites that on March
l9 the mine Inspector called the ten.
tiOn of the mine superintendent to
Sec. ,sS, Ofl said act prescribing the
mum ber Of onoufs which shall consti-
tute 4! days work, and that March 81
the defendant issued further order
to the plaintiff. instructing the plain
tiff to cause the hours of labor in
III mi n IN hn roSnro1 To n;oht h<,, &c
a day and threatened in case of non
compliance with said order to close
said mine. That by working ten hours
a day the operators are enabled to
conduct the mine with profit to them
selves and have been able to pay
themselves the schedule of compensa-
tion contained in their partnership
agreement and to leave a margin of
profit for division pursuant to the
terms of such agreement. That coal
taken from said mine is Ignite coal
of a grade inferior to the bituminous
coal mines in other states and offered
in markets supplied by plaintiff; that
1t has limited market in territory
contiguous tQ<the mine; that it is
OF such quality that it. cannot be
stored; that it must be mined at or
about t:e time the market is ready
therefor; that plaintiff is informed
and believes that said operators could
not conduct said mine with profit to
themselves working eight hours a
day without increasing the market
price Of said coal; and that if said
price is increased, such coal cannot
compete with said bituminous coal
and will be excluded from the markets
therefor.
The plaintiff claims that the mine
inspector is intimidating the partners
engaged in the operation OF the mime
and lis making them afraid" that
the plaintiff has an Investment in ex
cess of 100000 in the property and
has ordered and is about to install ex
pensfve machinery therein aggregat
Ing in cost many thousands of dol
lars, and that If agreement aforesaid
Is abandoned, plaintiff cannot employ
miners or other employees to operate
said mine. working eight hours {
day. without materially increasing tn
price of said coal or sustaining II
nancial loss, and that 1t will suffe
great and irreparable damage IN ex
cess Oh tIe sum Oh $3.UOO.
Asks injunction.
Wherefore, the plaintiff Drays tina
the orders promulgated by the defend
ant as aforesaid be declared null an,
void, and that the defendant and hi
agents be restrained and enj0ine,
during the tendency of this actiol
from enforcing said orders and from
instftuting criminal or injunctiona
proceedings, and from closing sal
mine. and that on trial such injunt
ton be hade permanent.
Il Under >the terms Of the /agreemen
the partnership operating tae min
agrees to deliver coal to the Beulal
Mining Co. at $3.50 for each mine ca
of coal delivered on board the raj
way cars at. the mine. The operator
agree to pay their manager 1925 pc
month. and various other worker
who are not miners, stated sums 10
theiEa. labor, and to receive as mil
ers from so to 80 cents for each min
car loaded. At the end OF every thre
months 1t is agreed tilat. all accum,
lati0ns remaining in the partnershi
funds shall be distributed between tn
parties to the agreement In equ,