Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-10-31
Text of Decision
Continued From Page Ore.)

would result either in the suppression
of this nonunion mining altogether, OF
would put such restrictions on 1t as to
accomplish the objects Of the conspiracy
namely, raise the price of the West Viz
giIia product so that it could not com
p5te with the so-caued central competi-
tive field. The attempt to do this was
continued for some time by the usual
incidents of violence and exhibition OF
force, and matters progressed until a
state of war existed in West Virginia
which the State government was unable
to put down. and upon the call of the
State authorities, the President of the
United States declared martial law, sent
Federal troops into West Virginia and
restored order.
The evidence shows that members of
the Mine Workers Union purchased fire
arms and ammunition and otherwise
financed the violent activities in behalf
Of the unionizing forces in West Vir-
ginia, and this state Of war continued
until the President sent troops into the
State, and it IS only held in allegiance
because Of that fact.
The evidence shows that the revenues
Of the Mine Workers Union are produced
from dues and assessments laid upon the
members; that these dues and assess
ments are by an arrangement between
the miners organization and the 0per-
atOrs, taken from the wages Of the work
ers in she mines by the operators and
paid by them to the Organiza ton Of mine
workers This is the "check-off" system.
The membership is large and the dues
and assessments yield an enormous sum.
Statements made by officers Of the
7 vi che hot
ers' Organization has sent into West Vir-
g!nia to carry on this struggle more than
two and a half million dollars, and the
secretary trea surer Of that organization
IN his report to the convention recently
held in this city, stated that during the
year ending Aug. q. 1921, the organiza-
ti0n had sent into West Virginia more
than q million dollars. This money was
derived from the Check or system. and
was sent 10 West Virginia to assist in
the effort TO organize the West Virginia
feld.
The evidence without contradiction
shows that ammunition and arms were
purchased by mem bers OF the mine work
ers' union and used for the purpose Of
carrying on this struggle. II is claimed
on the part OF the defendants that the
money used to purchase these arms aid
this ammunition and TO mobilize and d.
rect these armies came from the locals
and that no part of the money sent from
here was used for that purpose but that
such money was and IS used only in such
peaceable ways as caring for and feed
ing and furnishing supplies TO those
union miners who have been eyicJed
from their homes or deprived Of a living
or otherwise put 10 a disadvantage il
carrying on this struggle.
, F5 p. av,f
that there IS no difference IN the sctivI-
ties OF those who furnish the food and
supplies for the Army. and those who
furnish It its arms and ammunition. The
money sent by the miners organization
derived from the 'check-of system, as
above stated. IS sent there 10 aid aber
and assist those on the ground. actively
engaged in the unlawful attempt TO
unionize the nonunion mines IN Vest
Virginia and destroy competition, az
aLovo stated.
The evidence clearly shows that the
mine operators know-at LEAST they know
now-that this money thus contributed
by them through the 'check-oG' sys-
TEN. Is useu in this unlawful manner.
Il. therefore, follows that the use Of
such money should 10 enjoined, and the
carrying on Of the 'check-oG system as a
means for raising 1t should likewise be
enjo.ued
AT the conclusion OF the evidence.
counsel for the miners requested time
70 introduce some evidence explanatory
Of the large sums OF money shown 70
have been sent by the organization into
the West Virginia fields. and also asked
for an extension OF time for thirty days
An which 20 file heir answer % the Bill
The court at one conceded that these
requests were reasonable and Indicated
IT'S willingness to grant such extensions,
and stated that owing to the great i'm
portauce OF the question involved and
considering that IL the relief pra yed for
in the bin were granted, 1t would have
such far-re8 ching consequences, suggested
that It would Ike all the light upon the
subject that could be furnished by
evidence, and time for Investigation, and
argument as to the principles Of law
Involved, and stated that the time re
quested by the Mine Workers counsel
you'd be granted upon condition that
the status quo be preserved in the mean
time.
Mr.. John L. Lewis the president Of
the United Mine Workers OF America, be-
ing In the courtroom at the time, was
AhEA ~ LAt toiAL IL 4ib NbAiu a rec ~
preserve the status Quo-that is, cease
efforts TO unionize these mines in West
Virginia until tho court would have time
TO more thoroughly investigate the matter
the court stating that it would be en-
tirely satisfied with Mr.. Lewis assurance
to that effect. Mr.. Lewis promptly de-
cIined to agree to desist, thus creating
the emergency for the issuing Of tenn
porsrv Injunction and compelling the
court TO act without further opportunity
10 Investigate the important questions in
vOlved.
This court cannot police West Viz
ginia. nor does II hold that the United
Mine Workers Union is itself an unlaw
ful organization, nor win 1t in any way
attempt to curtail its lawful activities {;
but It can enJoin the unlawful activities
Of the parties here IN Indiana, who are
here now under the jurisdiction Of this
court, and a temporary injunction to that
effect will De issued"