The Topeka state journal., 1921-10-31
Judge Anderson Issues Federal
Injunction Against Q. NJ. A.
Calls Halt on Organizing West
Virginia Coal Field.
CONSPIRACY RESTRAINING IRA
Claims Unions and Operators
Combined to Control Coal.
Body Blow Is Delivered to
Union Labor, Say Leaders.

indianapolis, Oct. 81 An injunc--
ton directed at stopping the U. M
w. A. from efforts to unionize the
Williamson coal field in West Vir-
ginia. where miners have been on
strike for more than a year, was is
sued today by Federal Judge A. B.
Anderson, on the ground that the
union was seeking to restrain trade.
After Judg ge Anderson's an
nouncement of the order, some delay
in its formal issuance was occasioned
by a discussion between court and
counsel as to the exact text of the
order.
Conspired With Operators.
The court did not deny the right of
, workers to organize but held the min
ers' efforts. in West Virginia were in
furtherance of a conspiracy with op
orators in organized union fields to
shut off the competition of the nom
union mined coal.
In discussing with counsel the text
of the order Judge Anderson said
he would not enjoin peaceful efforts"
of the union to organize West Nir-
gina.
Further in the discussion the judge
said, Il am holding the effort to
unlOnlZe vest NlI5liIld Is uIlid w Luz III
itself because it is an effort to sup
press competition"
The judge also said he would enjoin
the "check-off' system in the central
competitive field. comprising the
bituminous coal field districts of Hi
nois Indiana. Ohio and Western Penn
sylvania. The injunction applies vir-
tually to all IndiaI-a operators using
the check Off system by which op
orators collect miners union dues.
Body Blow to Labor.
The decree. which union leaders
have declared is a body blow to or
ganized labor, will embarrass. but not
destroy the miners organizations, Of
ficials Of the United Mine Workers de-
clared.
Judge Anderson's action was taken
in the suit of the Borderland Coal
company, representing sixty-two other
coRcerns operating in the Mingo -coun-
7 field of West Virginia, in which in
junction to abolish the ''check Off
system and to prevent interference by
the United Mine Workers with the
operation of mines in that field, was
asked.
Declaration that he would issue the
injunction was made by Judge Ander-
son, after John L. Lewis, president of
the United Mine Workers. refused to
agree to suspend efforts to unionize
that field.
The cour. expressed the belief that
combination in restraint of trade, in
violation of the Sherman antitrust
act, to limit the production of coal
shipped in interstate commerce from
West Virginia had been established
and that the effort to unioniZe the
West Virginia mines is an effort to
monopolize the coal industry of the
United States.
Go to the Supreme Court.
Washington. Oct S1.-Judge Ander-
sons injunction decree, handed down
in Indianapolis today, undoubtedly
will be carried to the United States
supreme court labor leaders here pre-
dicted this afternoon.
1.-The supreme court has held time
and again that labor has the right to
organize in unions" said E. C. Da-
vison, secretary of the Interna tional
Machinists' association. There will
be more heard of this decision of
Judge Anderson's."
'If the women of this country would
rise up and act, they could force Judge
Anderson to rescind that decision"
said Mother" Jones, the friend of the
miners. but they won't" she con-
cluded, with sigh. They're such
sentimental lot"
Applies to Whole Union.
The temporary injunction granted.
while it applies specifically only to
two members Of the executive board
Of the United Mine Workers and to a
long list of Indiana operators, in ef-
feet applies to the union as a whole
and to every operator in the country
operating under the check off system.
The decree bars the sending of
money for any purpose except relief
funds to be agreed upon later, to West
Virginia miners.
Altho the formal decree was not TO
be made public until 2:30 o'clock this
afternoon, Judge Anderson made
known his decision in a statement
from the bench, frankly expressing the
opinion that he has no doubt of a gil
gantic conspiracy between operators
and miners to restrain competition
and that the trouble in West Virginia
has been due to an attempt to- bring
the only open competitive field into
the combination.