New-York tribune., 1919-11-09
Court Orders
Strike Off; Calls
1t "Rebellion -

III RCDcll1On
Continued from page
proper is the same as that Of the re-
stralnng order issued a week ago. Its
erect Is to stop the defendants from
DONG anyth .ng to carry on the strike,
or restrict the production and distri-
ou'loh OF coal, even preventing them
from applying union funds for strike
benefit purposes. The mandatory ordc,
part OF the injunction, which calls
upon the officers of the union to re-
woke the strike order, is as follows:
1T Is furthes ordered that the above
mentioned defendants, and each Of
them. be and they are hereby further
enjoined from permitting the strike
order issued on or about October. 1919.
to the miners and mine workers in the
bituminous coal fields of the United
States to take effect on midnight of
October 81, 1919, longer to remain in
effect. commanding them to desist from
aiding said strike by permitting said
strike order to remain in effect, and
commanding them to issue with
drawal and cancellation of said strike
order and communicate the same to
district or local unions, committee
and members of said international
union United Mine Workers of
America, as full and completely as the
said strike order has been heretofore
distributed and circulated to the said
organization, its members. district or
local unions or any committee thereof.
and the said defendants are allowed
until 6 o'clock p. m. on the 18th day
or November, 1919, within which to
withdraw and cancel said strike order
and notify the membership, commit
tees, local and district unions of the
said international union United Mine
Workers of America of the withdrawal
and cancellation thereof, said notice
of withdrawal and cancellation to be
submitted to the court for its approval
within scventytwo hours.
Writ Effective at Once
This temporary injunction shall
take effect forthwith as to the defend
ants hereinabove named, and as to oil
other defendants or persons when they
are served with cpy thereof cr when
notice thereof has come tc their at
tention."
The injunction is applicable to twen-
ty one named defendants on whom
writs previously had been served in
connection with the restraining order
and to all the rest Of eighty-four de-
PENDANTS named in the application for
a restraining order when they are
served with q copy Of the injunction,
or it comes to their notice. 1t is
ously served in this jurisdiction will
have to be reached through ancillary
proceedings in other jurisdictions,
tley evince q disposition to ignore the
injunction.
Labor Leaders Directly Cited
The defendants now certainly within
the scope of the injunction without
further proceedings are Hugh Mcleod,
executive board member for District %,
Acme, Wyo.; Lawrence Bramlct, board
member Tor District 8. Diamond, Ind;
John O'Leary. beard member District
8. Pittsburgh; N. J. Ferry, District Z,
Naz.eton. Pa; John j. Mates, District
board member, Wl!liamstown, Pa;
Andrew Steel. board member, District
q, Novinger, Mo-; William Dalrymple,
board member, District 81, Manchester,
Okla. Samuel Ballantyne, board men,
Der District l3, Boone, Iowa; John L.
Lewis, acting national president; w. D.
Nanhorn, board member District II,
Terre Haute, Ind. Percy Tetlow, sta
tistician, Indianapolis; Ellis Searles,
editor and publicity ~sent, 1ndianapo
lis; William Green, national secretary,
member District 10, Jellico. Tenn; G.
l.. Peck, board member District ii,
Pittsburgh, Kan. John Wilkinson,
pres dent District 21, Muslogee, Okla;
William Mich, secretary District II,
Terre Haute, Ind; Ed. Stewart, presi-
dent District II. Terre Haute. Ind;
John Roman, president District 8, Car
bon, Ind; Ira Stoner. secretary District
8, Carbon. Ind; r. G. Morgan, secretary
District %, Cheyenne, Wyo.
Plea for Delay Refused
At the outset the defense asked for
postponemnnt for one week, represent
ing the negotiations for settlement
Of the dispute we're under way ard
probably could be concluded by next
Satu tday. Judge C. B. Ames. assistant
to Attorney General Palmer. resisted
this motion and it was denied. judge
showing coal was needed by the rail-
way administration, that tie govern
ment already was incurring a deficit in
admin tering the railroads, which
would be increased by cutting off the
coal from the railways, and the strike
order on it's face violated certain
agreements between miners and
operators Ihe defense then prcSen-
ted its motion for dissolution of the
restraining order thus concluding the
'evidcncc." 1t was decided that as one
nogatived the other the motion to
di solve and the petition for tenn
porary injunction would be argued
simultaneously.
In his argument Judge Ames stated
the Lever act was in force. that the
fuel administration merely had been
suspended. and quoted the Presidential
order of October 20 and the recent
amendment of the Lever act as evi-
dence of that fact. He then read Mr..
Wilson's message to the miners. call
ing attention TO Representative Mon
dcll's approving presentation of it in
the Lower House of Congress. and said
it stated the situation SO we'll there
was little to add.
Contracts Held Violated
IL wish, however," he said, "to en-
phasize one or two of the facts. The CEN
tral competitive field is the only one in
vowed in this dispnte. but the strike
has been called throughout the United
States. Certain contracts have been
deliberately broken in order to force
an adjustment in that field. 1t is un-
necessary for me to add anything to
what has been said by the President
about the calamity that faces the ma
ton. In the face OF it public interest
becomes paramount. and the law must
be enforced.
NOV, what is the law? 1t is not
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