Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-11-07
MOTION IS FILED
ASKING COURT To
DISSOLVE ORDER
AGAINST NINE RS
Attorneys For the j, NJ, W, of
A, Request Withdrawal of
the Injunction Proceedings
Instituted Last Week,
GOVERNMENT WITHOUT
EQUITY, CLAIM MADE
Coal DiggerS Also Claim They
Are Being Deprived Of the
Use Of Their Benefit Fund.-
To Be Argued Today.

Indianapolis, Nov. 6.-Taking their
first step in the fight against the gov
ernment's efforts to bring about an
end of the coal miners strike through
federal court action, attorneys for the
United Mine Workers of America, to-
day filed a motion in the United States
district court here asking that the re-
straining order issued by Judge An
derson last week be dissolved. The
motion will be argued Saturday when
the governments petition that the re-
straining order be made permanent
injunction, comes up for hearing.
The motion attacks the right of the
government to interfere in the con-
troversy, and declares that it is with
out Equity and clean hands in the
prosecution of this suit" The latter
assertion was in connection with the
statements made to show that the ad-
ministration, in bringing about con-
ferences in Washington between the
representatives OF the operators and
miners, with Secretary of Labor Will
son, recognized the right of collective
bargaining, but by its latter action
would arbitrarily deny this right.
Purpose of the SUD.
The charge of lack of equity vas
based on the argument that the presi-
dent had dissolved the fuel admins
tration following cessation of hostili-
ties and was without authority to re-
establish the administratorship, with
out the exigency of war" and that the
United States has thereby brought
about confusion and disorder Contin-
ing, the motion declares that the real
and substantial purpose of this suit is
to have the court eXtrieate the ad-
ministration from the unfortunate
state of disorder in which 1t has in
volved itself"
the restraining order which prevents
claring that the benefit fund, the prop
erty of the miners organization, is de-
MED them without just cause and
without compensation.
Other sections of the motion de-
clare that the governments petition
for an injunction does not disclose
that the plaintiff, the United States
government, has any interest in the
subject matter or in the relief sought
and that it does not allege that the
common lot of the miners will not be
improved by new wage agreement.
Cites the Act of 1914.
1t cites the act of October Is, 1914, |
as providing that no restraining order
shall he issued in any United States
court in any case between employers
and employees growing out of a dis |
pute concerning terms or conditions |
Of employment, unless necessary to |
prevent injury irreparable to prop |
erty or to property right for which |
there is no adequate remedy in law"
Reports to Indianapolis today indi- |
Gated no change in the situation in the
coal fields of the state. A few wagon
mines are in operation, but on the |
whole union mines are idle.
The Indiana public service commits
sion today ordered all coal burning
public utilities having less than two
weeks supply of coal to discontinue at
once street lighting, service or electric
;igns, water for fountains and coal gas
or heating.