Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-09-24

Continued From Page One.)
mediately to give time to consider the
case and that it reconyene after the case
is heard The motion was ruled out Of
order.
LOCALS PLEDGE
SUPPORT TO EXECUTIVES.
A motion was then made 10 give the
international executive board the sup
port of the unions.
Discussion on this motion was inter
ruptei by delegate in the balcony who
moved a general strike This motions
was ruled out Of order amid cheers
President Lewis said he believed the
wise thing to do would be to pledge the
support Of the locals to the International.
A motion to this effect was carried.
delegate arose ana demanded the
name of the former official who testified
against the union. lie was told IL was
Tom L. Lewis. The name was received
with Kisses.
Relief Of the most sweeping and general
character Is asked in the suit. The suit is
asked to forbid the defendants to do or
cause to be done any act or thing that
will interfere with the rights of the
plaintiff to employ nonunion labor, and
determined attack is made on the famous
check of system" by which operators
retain money from the miners salaries
and turn it over to the union in payment
Of the miners dues to the union.
Contracts between miners and opera
tors permitting this to be done are de
clared by the complaint to 10 a vocation
of the contractual rights guaranteed by
the Constitution 70 every citizen Of the
United States.
Should the courts decide all these
points in favor Of the plaintiff, delegates
say, no union in this country could re-
main in existence.
INDIANA CONCERNS
ARE DEFENDANTS.
In addition to the United Mine Work
ers OF America and their officials the
GLOWING operators are named as de-
PENDANTS: The Jackson Hill Coal and
Coke Company, the Queen Mining Coal
and Mining Company. the Rowland
Power Consolidated Colliery Company
and the Lower Vein Coal Company, all
Indiana corporations. The following in
diyiduals are also named as defendants:
Phil II. Penna, Terre Haute, secretary
treasurer of the Bituminous Coal Opera
tors Association; J. H. McClelland
BraziI. manager Of the Sunbeam Coal
Company; J. X. Seiffert and w J.
Snider, both Of Terre Haute, officials of
local miners unions.
Practically all Of the Indiana COM
panies named as defendants aud Mr. Pen
ia are now under Indictment in Federal
Court here ia connection with the coal
cases charging violations OF the sherman
antitrust law by miners and coal
operators Of four states
The petition for injunction states that
the BorderIand Coal Corporation brings
the suit in behalf Of itself and sixty-two
other mining companies in West Virginia
and Kentucky in the Thacker and Viii
hanson districts in MiIgo County, West
Virginia, and Pike County, Kentucky.
TOUCHES CHARGE
OF CONSPIRACY.
The attack on the check off system"
hits at the very roots Of the coal mining
industry as now organized in this section
Of the country, according to the plaintiff.
This system by which the operators col
lect dues for the miners union has been
the subject of bitter criticism in the past
and has been the basis ~ the Govern
ment charge that there l. a conspiracy be-
tween operators and miners to regulate
production, distribution and supply of
bituminous coal. This system is made
a very important part of the foundation
Of the coal cases now pending in Federal
Court.
The bill of complaint denounces the
mine workers union as IAN unlawful
combination and conspiracy acting in vio-
lation Of the Sherman anti trust law. the
Clayton anti trust law and in violation
of sound public policy"
In many respects the complaint prac-
tically adopts the line Of reasoning fol-
lowed by the indictments against opera
tors and minAss brought In Federal
ba-. rEy rfy
That the petitioners will rely for their
injunction very heavily on the attack on
the check off system is indicated by the
fact that companies using this system
are named as defendants. Return day
was set at 0ot- 10