The Birmingham age-herald., 1921-10-29
COAL CONSPIRACY BETWEEN MEN AND
 OPERATORS, CHARGE
By Associated Press


 Indianapolis October 2S.-Efforts were made by atfidavits read in the federal court here today to establish that coal miners and operators in the fields of the country are engaged in an unlawful conspiracy. begun in 1898, with the aim of restricting the competition in the coal market of the non union operators fin West vir- ginia.
 The affidavits were offered in sup- port of an application of the Border land Coal corporation. operating in West Virginia. for a temporary ln- Junction restricting the United Mine Workers of America in it's efforts to organize the field centering around Mingo county, which has been the storm center of recent disturbances. Presentation of the complainants case will continue tomorrow, and counsel opposing issuance of the in- junction said in court that they would offer affidavits to disapprove the compliments contentious.
 As a part of an injunction the court also was asked to set aside wage agreements between union min CTS and operators, with counsel em- phasizing the plea to enjoin continu- atIon of the unions "check off," a system by which operators withhold the union dues of miners from their wages
 Preliminary to the reading of the affidayits, the hearing was marked by a sharp legal battle, which re- suited in the discharge as defend- ants of the United Mine Workers of America and it's 25 district organ izations, and also all union men not residents of Indiana. This left only two men who are members of the unTon's executive board as defen- dants: but it was indicated if any order was granted it might bind others having knowledge of it. TWO Indiana operators and four Indiana operating companies also were left defendants. despite an effort to win dismissal of the suit against them.
 Most of the arfidavits were sub scribed to OF Knowledge, informa- uton or belief" and outstanding among them was that of ID, c. Ken nedy of Charleston, w. Va, commis- sioner of the Kanawha Operators as- sociation. formerly an officer Of the West Virginia unions. His affidavit set out the contract, made in 1898, be- tween the union and the operators of the central competitive field, as proof of the alleged conspiracy, em- phasizing a provision that the union agreed to afford all possible protec- ton to other parties hereto (the oper- ators) against any unfair competi- ton resulting from the failure to maintain scale rates
 Further, it was said that the non union operators did not maintain scale rates and parts of statements made since 1898 at various wage ne- gotiations of miners and operators were cited as tending to prove ex- istence of the alleged conspiracy.
 In addition. Kennedy's affidavit asserted his belief that John l.. Lew is. president of the union, approved the recent attempted march of armed men into Mingo county because Ken nedy declared that Lewis took no ac- ton to stop the closing of mines in the organized Kanawha field, all though informed by Kennedy that the gathering of the miners was forc- ing the mines to close.
 Numerous affidavits also were in- | troduced showing that violence | had marked the effects to organize | the West Virginia field, and counsel l cf complainant announced that eff fort also would be made to estab- l fish that union finances obtained 1 from the checR-off system," were used in aiding an alleged campaign of lawlessness and violence.