Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-12-15

I The court said the evidence clearly
| showed the mine operators and miners
union in the central competitive field had
entered into a Gigantic conspiracy to
eliminate competition" by organizing the
! West Virginia miners.
THE unions bought arms, promoted
civil warfare and organized an armed
expedition into West Virginia" the de-
| cision said.
Judge Anderson was instructed to re-
cast the order go as to restrain the
mtners' union from carrying out these
! Threatened, direct and immediate inter-
fering acts" as shown by the petition
| Of the BordeHIand Company for an in
| junction.
HOLDS MINERS
SHOULD BE RESTRAINED.
| The court also held that the miners
should be restrained in their attempts to
unionize the miners of West Virginia,
which the BOrderland Company has been
! fighting for years. only insofar as their
acts immediately and indirectly inter-
ferred" with the operation Of the mines
The decision was handed down by
Judges Paige, AlEchuler and Baker.
The court found four serious faults in
the injunction issued by Judge Anderson,
as follows:
L. That he should not have en-
Joined the performance of existing
contracts between unions and mine
! operators in the central competitive
held, calling for the carrying cut of
the check-oR system.
2. The injunction should merely
prohibit the national union from
sending money into Vest Virginia
for the purpose of fuFthering acts Of
! violence against mine operators.
! Funds be sent for peaceabIe
/ purposes.
! s. The injunction should merely
/ prohibits UniOnization work of the
national Organization insofar as it
interferes with operation of mines.
4. The lower eOurt erred in not
granting the union an opportunity to
obtain relief in some manner from
the strict provisions Of the injunc-
ton.
REVIEWS ENTIRE
HISTORY OF CASE.
The decision, read by Judge Baker,
reviewed the entire history of the West
Virginia fight
Continuing it said;
injunction is an extraordinary rem
| edy. 1t is limited to the protection Of
property from unlawful invasion. No
injunction should forbid more than the
particular unlawful invasions which the
court dnds would be committed except
for the restraint imposed"
The court scored the Borderland COM
pany for not naming the stxty-two other
nonunion operators which It asserted
Joined with 1t in the petition for an in
junction. The Borderland company said
It was "impracticable" to name the other
companies, but the court held that IL
they wished to join in the suit, they
should be named.
This case is not an indictment to pun
fish conspirators for their crimes" the
court said. 'It is not bin in the pub-
lie interest. by the Government.
DESTRUCTION OF
PROPERTY SHOWN.
"Afidavits show destruction Of the
company's property used in operating its
mines; interference with and intimidation
of the company's officers, agents and
employees by armed force by assaults.
by threatening and abusive language, by
inducing its employees secretly to change
from non-union to union men and remain
in the company's employ in violation Of
their contracts, and by using money sent
from the mine offices In Indianapolis to
aid in the commission Of these trespasses.
All of these unlawful acts should be en-
Joined by the injunction with leave Of
the District Court to restrain other spe-
cifically threatened trespasses if any are
shown"
The court said that since the inJunc-
tion as issued by Judge Anderson would
have prohibited unionization of miners
by lawful means, it was necessary to con-
slider the rights of unions.
Unions of owners Of capital may bar
gain collectively with employees. They
may bargain for closed nOn-union shop.
Laborers may bargain collectively. They
may bargain for closed union shop.
Both are entitled TO free and equal
| access to the pool of unemployed labor
for the purpose of securing recruits by
peaceable appeals to reason"
THEN TURNS TO
CHECK-OFF SYSTEM.
Turning to the check-OH system, the
decision said;
1.-The company sought and obtained a
decree enjOining performance of existing
contracts between operators and their
union employees in the central competitive