The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1921-11-05
Sets Aside Injunction
Against Owners Col
lecting Union Dues.
QUESTION WILL BE
REOPENED NOV. 16
Alleged Abuses of Work
ers in West Virginia
VIII Be Heard.
special to rAs Washington Hsraid.)

CHICAGO. Nov. the Federal
Court Of Appeals today set aside the
temporary injunction issued by Fed
eral Judge A. B. Anderson at In
dianapolis, which forbade operators
to check on miners dues from
wages
The court set November 1s for a
hearing on the appeal from Judge
Anderson's decision nled by the
United Mine Workers of America
The decision was handed down by
Federal Judges Baker. Evans and
AIschuler. sitting together. and 1t
does away for the present with the
threatened national mine strike.
The court ordered the injunction
suspended until November Is, and
thereafter until 1t is restored by
order Of the court
Say Plea Was Not Heard
Attorneys representing the United
Mine Workers Of Indiana appeared
before Judges Baker, Evans and Al
schuler sitting en- banc In the
United States Court of Appeals
asked an appeal from the injunction
against the "check-off' system, on
the ground that their plea had not
been given q proper hearing In
Indianapolis and requested that the
whole matter be reopened.
This move on the part Of the min
ers conferred the coal strike situa-
ton In Chicago, for the Anderson
Injunction was the cause Of the In
diana miners striking.
Judge Anderson's injunction or
dering the coal operators to sus-
pend payments under the'check or
system was Q serious blow at thu
power of the miners union, for II
prevents the business agents from
forcing the employers to take tia
union dues from the pay envelopes
Of the men. regardless OF any ether
pressing need they may have foi
the money. The money thus held
out was turned over to the union
and the miners. under this system
are virtually unable 70 obtain worh
unless they pay their union dues
ahead Of everything else.
operatorB Meetings Held Up.
All meetings Of operators SEIZED
uled for November 10 to decide
whether Ehe Anderson injunction
was to be enforced are now auto
maticaIly held up.
II the court had acted through
regular channels, at least thret
months would have passed before
the petition for an appeal could have
been heard. Strikes would hav'
been called within the next week
Under the decision of the appellate
court ne entire question of thu
legality of the check-off system and
the alleged abuses of II In Yves
virginia will be heard
According to af1davits Med by the
United Mine Workers attorneys
many of the ah1davits presented By
the Borderland Coal Company o.
West Virginia were false. and Judge
Anderson did not consider all re
buttal evidence presented by thu
miners
Lewis Alleged Threat"
One AFFIDAVIT printed by the Bor.
derIand Company in Judge Ander-
sons court. 1t was claimed by at
torneys for the union, and given by
a miner named Jesse Steph, alleged
that John L. Lewis, president of the
United Mine Workers, urged the
miners at Red Rock, W. Va, a few
days before the Mingo County af-
fair, to kill every gunman in Min
90 and Logan and blow up every
tipple."
Lewis, II was stated was not In
West Virginia at the time and has
not been in the State in 1921 except
1 on a train
The Anderson injunction was
Iissued on the ground that the union
Twas using check-off funds to at
empt to unionize West Virginia, TO
5upply strikers and unionist sympa-
hizers with firearms and other sup
plies