The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-10-29
PROVE +. !.
CONSPIRACY BY
UNION COALERS
ALLEGED OBJECTIVE
TO GUST W. VA. COAL
Sharp Legal Battle Results IN
Discharge Of u. M. W.
Men as Defendants.

Indiana polls. Ind. Oct. 2s- EFFORTS
were made by airidavits read in the fed. s
cral court here today to establish that
Goa miners and operators In the unOn-
ICED fields OF the country are enG1Gsa
In an unlawful conspiracy. begun Ia
1898. with the aim OF restricting the
competition In the coal market Of the
uon-union operators in West virginia.
The afridavits were offered In support
Of an application Of the BorderlAnd Coei
corporation. operating in West virginia
for a temporary Injunction, restricting
the United Mine Workers OF Amsrice
In its efforts to organize the neld center
Ing around Ming0 county, which mas
been the storm center OF recent distuSp-
ances.
Presentation Of the complaihahts
case will continue tomorrow and ooun.
sel opposing issuance OF the in)uneuon
said In court that they would oner'esh3.ii
davtts 10 disprovs the complainAeC4
cont tlnns.
As part OF an Injunction. the court
also was asked to set aside wage agree
ments between union miners ana opeS~
a,ors. with counsel emphasizing the
pIea to enjo.n collection Of the union'o
"check on" n system by which opera.
tors withhold the union dues Of miners,
from their wages.
Preliminary TO the reading Of the eRi..
davits. the hearing was marked by .,
sharp legal battle. which resulted IN the
discharre as defendants OF the UnttsA
Mine Workers Of America and its TWEEN"
ty-fve district organizations, as ano
all union men not residents OF Inotans.
This left only two union men. who are
"a haDRA
as defendants. but II was indfcatsd Il
snv order were granted IL might bind
others having knowledge OF II.
Two Indiana operators and four In'
diana operating companies also were
,.,t defendants. despite an effort TO WIN
dismissal Of the suit against them. >
IT,. The Alleged oeAslt1A1y.
Nos, Of the ahfidavits we're sub.
,cribed TO on knowledge. information.
or belief" and outstanding among them
va, that OF d. G. Kennedy Of Charlss-
ton, West Virginia. commissioner OF the
kanawha Operators association. 10Y
msrIy an officer Of the West virginia
union. His affidavit rat out tho con-
tract made in 1898 between the union
md the operators Of the central COM
natItiye field as proof Of the aIlseeo
conspiracy. emphasizing provlAoh
that the union agreed Ito anoro all pee-
,IbIe protection to other parties hereto
the operators> against any UNFAIR com
pstition resulting from the failure 70
maintain scale rites"
Further. It vas said that the nom;
union operators did not maintain scale
rates. and parts OF statements medel
,Incs 1895 at various wage negouaaonSi
~ miners and operators were cited -
tending tn prove existence Of the ALLEGED
conspiracy.
In addition. Kennedy's nnida1t es-
serted his belief that John l.. Lewis
president 81 the union, approved OF the,
ATTEMPTED march Of armed mon Into
Ninso. because Kennedy declared th4ti
Lewis took no action to stop the cloeine'
~ mines in the organized KanSUh1
ne,d, although informed by kenasdy
that the gathering OF the miners HaSl
forcing The mines TO close. O. ..
Numerous afftdavits also were iAtfs-,
duced showing violence had marked the
efyort, 10 organize the West VirrnA
neId and counsel for the complainant
announ ed that effort also would %
made TO establish that union flnanee9
obt,;n.d from the check OF syseeyl''
we're used IN aiding an alleged campeigs
r. Iawlessness and violence. -