South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-11-05
Federal Appeals Tribunal
Suspends Injunction by
Judge Anderson.
MINERS STILL WATT
General Walkout Held In
Allegiance Till After Hear
ing Nov. 10.

president Of the United Mine
Workers. when advised late Fri
day night OF the decision OF the
United states. court of appeals
In Chicago, suspending that
part OF Judge AndcrsOn's in
junction referring Co the check
or system said:
Il am deeply gratified with
the courts action and think IL
will 90 a long way toward al
laying the present disturbed con-
ditiOn i'm the mining industry"
CHICAGO. Nov. 4.-The checkOff
system OF holding out union dues
and assessments from coal miners
pay, against which an injunction
was handed down by Judge A. b.
Anderson of Indianapolis. will con-
tinue until further order of the
United States court of appeals. the
court held Friday in suspending that
part of the injunction applying to
the checkoff. An appeal hearing
was granted the union for Wednes-
day. November IS.
w. a. Glasgow of Philadelphia, as
counsel for the union. presented the
history Of the case briefly, pointing
out the possibilities of enforcing the
injunction which he said, was vir-
tual demand that a legal contract
be broken. lie pointed that the
checkoff was a matter Of contract
between the miners locals and op-
orators, with the consent Of the in
dividual miner.
Asks Appeal Hearing.
Glasgow declared II was beyond
IN power of the International union
TO prevent disturbances by locals and
said IL was his belief that an imme-
date appeal hearing OF the htiga-
tion was the only means of averting
interruption of the regular supply
OF COAL
In the courts decision Judge
Baker said the court thought that
November 16. would meet the ex-
fsencies of the situation and Mr..
Glasgow agreed with him.
The origin of the controversy be-
San in the filing of a bill by the
Borderland Coal company. operat-
ing i Kentucky. but shipping into
other states. against the union. by
several coal companies and officials
charging union wages established in
tine central competitive district We're
20 be spread into West Virginia.
tending to create a monopoly of
labor by the union in restraint OF
trade.
Charges Union Coup.
The union wage agreement includ-
ed the checkoff system by which
union dues and assessments were 10
be collected from the miners and
paid 90 the union by the operators.
Mr.. Glasgow. in outlining the litiga-
tion. told the court the bill charged
this oheckoff system was a part Of
the conspiracy TO unionize West
Virginia. The union counsel asked
sufficient time Of Judge Anderson.
ne said to prepare a reply TO the
charges.
Judge Anderson then sought 20
get my promise that no attempt
would be made 10 unionize West Vir-
ril ia" Attorney GIassaw continued.
n could nor make such a promise
n good faith. as I had no means OF
ARRIVING &c out lie also asked John
T. Lewis. president OF the union 20
make the same promise, but Mr..
Lewis had no power TO do so. He
thereupon granted the injunction re-
straining the union from using funds
n unionizing or attempting TO union-
ize miners I'm West Virginia" Mr..
Glasgow expressed his opinion that
Judge Anderson went too far" in
much as the checkof system is
part Of the contract.
Gle should have limited the in
junction against expenditure OF
money 20 unlawful means Of spread
rr unionism. Here he undertook
90 rip up BY the roots "a system long
established and by which money is
collected for perfectly lawful pur-
-oses.~ the attorney said.
As a part OF a contract. however,
fttorney Glasgow appealed 20 the
Continued on page two)