Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-10-31
MINERS ARE HIT
VITAL BLOW BY
JUDGE ANDERSON
Continued From Page one)

be reached by decree forbidding the
sending Of money into West Virginia for
any unlawful purpose.
food AND SUPPLIES
NOT PERMITTED.
But he and the court could not agree
as to what was "an unlawful purpose. -
Judge Anderson held that the sending
of money for food or supplies was just
as much a furtherance Of the strike as
to send arms and ammunitions.
"When the battle is on" he said, 'the
sending Of food to an army is just as
much an assistance to that army as are
arms and ammunition. The contention
that it is proper to send food and i'm
proper to send arms is one I cannot
get"
However, when William Green, score
ary-treasurer Of the Mine Workers, asked
he court If the decree meant that he,
as financial agent of that organization,
was forbidden to send relief to starving
families of striking miners that were be-
ing fed weekly, and if he would be forced
to choose between obeying the order OF
the court or the dictates Of humanity
Judge Anderson said:
Mr.. Green I have known you and re-
Bpected you. I think you are a gentle
man, and I am sorry I ) have to answer
you as I do. But I am lure that we can
agree. If there is suffe ring as a result
Of past affairs we can get together on it.
If there are sufferers there Of course they
will have to be taken care of properly.
This injunction is drastic, but people
down there ought not be forced TO suffer. y
Later Judge Anderson ordered the
final decree when prepared to make pro-
vision for relief work Of this character.
Attorneys for the plaintiffs frankly ad-
mitted that there was 4 necessity for such
relief and seemed anxious to provide for
it.
Some operators see in the decision
''the death of organized labor in Amer
lea" and labor leaders concede that its
effect viii be far reaching. A. NJ Belcher
attorney for the Borderland and sixty
two other mining corporations of West
Virginia. which seek the injunction. said
the writ would mean the death of the
union
MINERS STILL
HAVE HOPE.
Officials Of the union declare however
at will embarrass. but not destroy"
"Before the check of system was in
augurated," Mr.. BeIcher said. at was
impossible for the union to force a CLOSED
shop anywhere. If the cneck-off is aboi-
ished in Judge Anderson's order II viii
be impossible for the union TO continue
in its present relations to the operators
Whatever effects the central competitive
field, viii likewise affect all other Goa
fields in the country"
As had been expected, the gist OF the
whole suit came down to the use Of the
''checkaof" system, whereby operators
collected union dues and turned them
over to the union.
It was the contention Of the plaintiff
that this action made the cperators OF
the central competitive field as mucn 5
part Of the alleged conspiracy ~ foment
strikes and lawlessness in West Virginia
as the miners themselves, since It was
claimed money collected by the operators
under the check-off. was sent INTO West
Virginia by the unions for the express
purpose of creating this situation.
SEE END
OF UNION.
With the enjointng Of the check of II
is said by many persons familiar with
the coal mining situation that the big
United Mine Workers of America organi-
cation cannot be held together.
The decision Of Judge Anderson to is
sue the injunction was reached after the
court had expressed his intention Of de
ferring all action in the case until fna1
hearing, on condition that the union
cease its efforts to unionize the West
Virginia field in the meantime.
This President John L. Lewis Of the
United Mine Workers Of America refused
to do, saying:
I'VE have a constitutional right [,
organize. 1 decline to surrender"
The refusal Of President Lewis cam,
courtroom, as it had been the general
opinion that he would agree TO
suspension Of union activities in the dis
stprbed area pending final hearing.
In announcing his decision Judge An
dersOn said:
Il feel sure that there has been estab-
ushed here a combination in restraint o.
trade, in violation of the provisions OF
the Sherman antitrust law, to limit anc
restrict the production Of coal shipped
in interstate commerce from Yves
Virginia and therefore It was a con
spiracy to interfere with interstate com
merce.
SEES PLAIN
CONSPIRACY.
7 think there has been sufficient evi
dence here to find that the efforts to or
ganize the West Virginia mines is ar
effort to mOnOpolize all the GOAL indus
try Of the United States. Unless there (,
further evidence. mountains Of it, tC
change 1t, I viii have to enjoin, tenn
porarily or otherwise, a conspiracy t
violate the Sherman act I think under
the circumstances the check-on system 1.
unlawful and is used here for an uniaw
full purpose"
This last statement brought no Joy t.
-
senting coal companies now under indict-
ment in Federal Court on a charge Of
conspirlng among themselves and with
d the miners to rinIata The Sherman acl