The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-11-06
Attorney for Mine Workers
Complete Motion Prepar-
atory to Filing.
LEWIS NOT OPTIMISTIC
Pittsburgh Reports 1875 Per
Cent. Normal Pro.
duction.

tlon TO dissolve the order RESTRAINING
officials Of the United Mine Workers
Of America from encouraging or di-
recting the strike of tho 425, 900 mem
bers Of the union was filed in the
United States district court here this
afternoon by attorneys for the min
ers. The restraining order was ia
sued last Friday and the hearing on
a temporary injunction, petitioned by
the government, will be had Satur-
day.
The motion first sets out that the
petition for the restraining order does
not disclose that the government, the
plaintiff in the case, has any inter-
est in the subject matter, nor In the
relief sought, nor in any injunctive
relief. 1t is set forth that the plain
tiff Is without "equity and without
clean hands," 1t is alleged that the
government knew all along of the eff
forts at collective bargaining and 1t
Is set forth that Secretary of Labor
Wilson. representing the government,
called representatives of the miners
and operators to Washington in an
effort to reopen negotiations for q
new wage agreement.
1t Is further contended in the mo-
tion that the fuel administration was
dissolved by proclamation of the
president and that the fuel adminis-
tration cannot be restored legally by
the president. This Is designed to
meet the contention of the govern
ment that there was conspiracy
under the Lever act to reduce the out
put of coal.
The motion says the exigencies of
the war have ceased progressively"
and points out that the complaint
does not allege that the common lot
of the miners will not be improved
by new wage agreement, 1t alleges
that It Is not unlawful to strike and
cites the acts of 1914 as providing
that. no restraining order shall be is
sued in any United States court in
any case between employers and en-
ployes growing out of dispute con-
cerning terms or conditions of EN-
ployment, unless necessary to pre-
vent irreparable injury to property or
to a property right, for which there
Is no adequate remedy in law"
Indianapolis, Ind, Nov. 6.---Neither
government nor miners officials sto-s
fslay gave any indication of recession
from the directly opposite principles
upon which they stand, and 1t is be-
| Iieved no developments may be ex-
pected in the coal strike before to-
morrow, when Judge c. b. +Ames. of
| the department of justice, Is expected
to return to Indianapolis to prepare
for q battle in federal court Satur-
| day.
Counsel for the miners today were
completing plans for clash with the
| governments representatives before
Judge A. B. Anderson Saturday, when
representatives Of the United States
attorney general will ask for tenn
porary injunction against the min
ers' officials to supplant the tempo
rary restraining order of last week.
1t is believed that motion to dismiss
the whole matter will be filed by the
mine workers.
That Acting President Lewis, of the
coal workers organization, does not
share Secretary Green's optimistic
view OF the situation was apparent
today, although he declined to COM
ment on the possibility of opening
negotiations in advance of Satur-
days hearing.
II have no comment to make on any
phase of the situation" he said.
Oklahoma Pits Idle.
McCurtain, Okla, Nov. 6.-No at
tempt will be made today to mine
coal from the strip pits here, COM
pany officials said. Approximately
| $50 men have been recruited from
surrounding farms and towns, how
ever, and these probably will be put
to work Saturday or Monday.
A company of oklahoma national
guardsmen was expected here today
and will afford protection to workers
should operations begin.
10 Per Cent. Gain in Virginia.
Roanoke, Va, Nov. Coal produc-
tion today in the Pocahontas region
is about So per cent. of normal. &C.
cording to information obtained
from the office of the Pocahontas
regional coal committee. This rep
resents a gain of about 10 per cent.
over yesterdays production.
Troops in West Virginia.
Charleston, w. Va, Nov. 6.-Dis-
position of federal troops in the West
Virginia coal fields was completed
today and the military authorities
were in position to cope with any
situation which might arise" said
Adjt.- Gen. Thomas Davis. who has
been cooperating with Col. w. f.
| Harrel commanding the soldiers.
125 Per Cent. Production.
Pittsburgh, Pa, Nov. 6.-Reports of
| production in the nonunion fields OF
| Pennsylvania was the feature of the
strike situation in this state today.
The big districts southeast of Pitts
burgh were operating today at 125
per cent. normal.
All the nonunion mines were still
closed tight. Large numbers of
union miners are said to have gone
into the union districts.
Artillery in Colorado.
Trinidad. Colo, Nov. 6.-With
battery of artillery and an additional
infantry platoon arriving here today
for strike duty, the coal mining re-
gions Of southern Colorado were TAX
ing on the appearance of an armed
camp. Sergt. James y. Barnett. the
fighting parson of Grand Junction
former Episcopal minister. is in
charge of a machine gun squad and is
staging daily target practice in the
hills back of Trinidad.
Infantrymen indulge in daily drill
also.
There have been no serious clashes
| between the miners and soldiers and
the strikers Concede that insofar as
the Jones Iron company, the largest
company in this field, is concerned,
the strike is losing ground. Operators
| declare that with the presence of
troops the strike is now won.
Union leaders assert, however. that
they have made many gains in organ
izinE new locals among the nonunion
workers and tht several independent