The New York herald., 1921-10-30
INJUNCTION TO HALT
UNION|ZING IN NIINCO
Judge Anderson, Defied by
Lewis, Will Issue His
Order Tomorrow.
ORGANIZING MUST STOP
Aim Said to Be Monopoly Of
Coal Business-sCheck Off
Called Illegal.
ORGANIZING MUST STOP

INDIANAPOLIS, Oct. 29,--Refusal to
cease efforts to un,onize the William
son coal field Of West Virginia, made
late to-day in Federal Court here by
John L. Lewis. president of the United
Mine Workers Of America, was fol-
lowed by statement from Judge A. B.
Anderson that on Monday he would
issue an injunction to accomplish that
purpose.
No statement was made by the
Judge on the exact scope Of the order.
but the decision to issue 1t came at
the end of hearing for temporary
order on the ground that the union
and operators In organized coal fields
are engaged in On unlawful con-
spiracy to check interstate competi-
ton in the coal market from the nom
union West Virginia field. ccntring
around Aringo county. the storm CEN
ire OF strike for more than year.
In plain statement of his views on
the evidence presented Judge Anderson
declared his belief that a combination
to restrain trade IN violation Of the
Sherman antitrust act had been estab-
iished by the complainant. the Border
land Coal CORPORATION. He also inter-
preted the evidence as showing the
ilIegality Of the checkoff system by
which operators collect union dues by
Withholding the money from miners
wages and that the unions effort to
organize the West Virginia field was an
effort to monopolize the coal industry OF
the company.
In making this statement Judge An
derson said he would keep his mind
open for a possible change of his views
after hearing further evidence at final
trial Of the case. and he expressed
the intention to defer issuance Of any
order until final hearing. Meanwhile.
however, he said efforts to unionize the
West Virginia field should be stopped.
Lewis on this question.
Twice he called on Mr.. Lewis and
after conferences with counsel Mr. Lewis
declared 81 decline to surrender" This
statement came from Mr.. Lewis after he
had started TO say I'VE have a constitu-
tional right to organize and had been
interrupted by Judge Andersen calling
for his decision.
While Mr.. Lewis and his counsel were
comforting over the decision attorneys
for Indiana coal operators sought TO
learn from Judge Anderson whether
they should discontinue the "checkoff''
end the court answered: ~ say you
continue Il at your own peril" The op-
orators attorneys said they feared a
strike II they stopped the 'checkoff."
Any order issued in the case. Judge
Anderson Indicated during the hearing.
would be binding on all operators and
union men throughout the country. In
directing the complainant TO make all
Indiana operators defendants to the suit
the Judge eaid:
in my judgment all operators
throughout the United States will be
here, and he added that President
lewis "and all tho rest" Of the Gn.en
men would be in court.
In the verified complaint submitted
~ a part II the evidence. statements
made by miners ana operators az vsri-
ous wage conferences were recited in
part as tending 70 prove that tho wage
agreements. including the checkoff. dis
closed a conspiracy to exclude the West
virginia coal from the markets of the
country.