New-York tribune., 1921-11-01
Drastic Ruling by Judge
Anderson Also Halls
Collection Of Funds
Through ''Check Off,
Charges Operators
With Aiding Plot
Injunction Says There Is
Conspiracy to Kill Conn
petition i'm w. Va. Fields

INDIANAPOLIS, Oct. 31.-Collection
OF funds of the United Mine Workers
of America through the "check- off,
system, by which union membership
dues are deducted from miners wages
by operators throughout the country,
was enjoined to-day by Federal Judge
A. b. Anderson. Further, his order en-
joined all union officials and members
from seeking "by any and all means
to unionize the williamson coal field in
west Virginia, where violence has
marked the strike that began more
than year ago.
The order is a temporary one, but is
effective until changed by the court.
Vain effort was made in court by
counsel for the union to forestall the
decree placing ban on the "check- off. n
and though officers withheld comment
on the court order, it was said officially
to be staggering blow at the union.
Counsel for operators in the hearing
preceding the order had said that a
strike might follow the levying of a
ban on the "check-off," after issuance
OF the order, reports from Knox
County, one big Indiana producing cen
mass meetings to determine their
stand. The order itself indicated the
possibility Of many contracts between
miners and operators being broken by
the ban on the "check-off."
Violation of Antitrust Law
The only comment on the order from
the miners side was a statement by
Ellis Searles, editor Of the official pub
lication of the union, who asserted the
injunction was certainly joyful news
for the United States Steel Corpora
tion," which, he declared, was reputed
to be the largest coal land owner in the
strike zone.
In giving his opinion Judge Ander-
son made it plain that he believed a
conspiracy in violation of the Sher-
man antitrust law had been shown at
the hearing for the temporary injunc-
tion in the suit Of Borderland Coal
Corporation, acting on behalf Of three
score other West Virginia operators
This conspiracy, the court said, existed
between the union miners and opera
tors in the central competitive field,
comprising Illinois, Indiana, Ohio and
western Pennsylvania, and the "closed
shop" operators of other states were
also involved because Of the "check-
off," He added that the trouble in
West Virginia was due to an attempt
to bring the only competitive field into
the combination.
Milking Consumer, Says Court
"How does this strike the man in the
street," he asked. "Here is an organi-
zation with enormous funds, all of
which are collected by the operators
through the check-off. The poor old
consumer, without q friend in the
world, is milked constantly by these
stop this check-off now. These opera
tors know now that they s~e furnish
ing the sinews of war for t..at struggle
in West Virginia"
The court order did not deny the
right of workers to organize or hold
that the union was an unlawful organ
ization. 1t also did not hold the CHECK
off" was in itself unlawful, but was
aimed at the use of money obtained
through it.
However, the order was of a.sweep-
ing nature, applying to every operator
in the country having agreements for
the "check-off" and affecting every
union miner. After reciting that Judge
Anderson believed he was compelled
to issue it on account of the refusal of
President John L. Lewis to- cease eff
forts toward unionizing the Williamson
field, the order named several Indiana
operators as Representatives of the
class of persons" in part. enjoined by
the court
They are hereby" continued the
order, referring to operators gener-
ally, restrained from collecting over
and through their pay rolls or in any
other manner any and all moneys as
Continued on page nine,