Evening star., 1921-10-30
INJUNCTION TO BAR
NINE UN|0N|z|NG
Judge Anderson Ready to Act
After Refusal of Lewis
to Stop Efforts.
'CHECK-OFF PLAN SCORED
Miners Head, Called On by Court,
Declines to Give Up in
West Virginia.
CHECK-0FF PLAN SCORED
By the Associated Press.

INDIANAPOLIS, October 2s.-Re-
fusal to cease efforts to unionize the
Williamson coal field of West Vir-
ginia, made late today in federal
court here by President John l.
Lewis of the United Mine Workers
of America, was followed by a state
ment from Judge A. B. Anderson that
on Monday he would issue an injunc-
tion to accomplish that purpose.
No statement was made by the
judge as to the exact scope Of the
order, but the decision to issue 1t
came at the end Of a hearing for a
temporary order on the ground that
the union and operators in organized
coal fields are engaged in an unlawful
conspiracy to check interstate COM
petition in the coal market from the
non-union West Virginia field. CEN
tering around Mingo county. the
storm center Of . strike for moro
than a year.
Declares Violations shown.
In a plain statement Of his views
on the evidence presented, Judge An
derson declared his belief that a COM
bination to restrain trade in viola
tion Of the Sherman antitrust act
had been established by tho complain
ant. the Borderland Coal Corporation
He also interpreted the evidence as
showing the check -on system by
which operators collect union dues
by Withholding the money from
miners wages was unlawful, and
that the unions effort to organize
the West Virginia field was an ef-
fort to monopolize the coal industry
Of the country.
In making this statement Judge An
derson said he would keep his mind
open for possible change Of his views
after hearing further evidence at a
final trial Of tho case. and he ex-
pressed the intention to defer issu-
ance Of any order until final hearing.
Meanwhile, however. he said efforts
to unionize tho West Virginia field
should be stopped, and he called for a
decision by Mr.. Lewis on this ques-
tion.
Declines to Surrender.
Twice he called on Mr.. Lewis, and
after conferences with counsel Mr..
Lewis declared II decline to surren-
der" This statement came from Mr..
Lewis after he had started to say
I'VE have a constitutional right to
organize" and had been interrupted
by Judge Anderson calling for his
decision.
While Mr.. Lewis and his counsel
were comforting over the decision at
sought to learn from Judge Anderson
whether they should discontinue the
check off" and the court answered:
II say you continue it at your own
peril"
The operators attorneys said they
feared a strike If they stopped the
CHECK off,"
Any order issued in the case, Judge
Anderson indicated during the hear
ing, would be binding on all oper-
ators and union men throughout the
country. In directing the complain
ant to make all Indiana operators de-
fendants to the suit. the judge said:
"In my judgment all operators
throughout the United States will be
here" and he added that with two
Indiana residents, who are members
of the unions executive board and
defendants to the suit, that Presi-
dent Lewis land all the rest" of the
union men would be in court.
Big consequences Involved.
During the defense presentation of
affidavits. largely q general denial of
all charges made against the union
in andavits Of the complainants'
counsel sought to foEestall 2 tenn
porary injunction BY submitting state
ments that the strike zone 10 now
moro quiet than 1t any time within
the last year. Judge Anderson agreed
that enormous conssqusnces" were
involved in the case, and declared he
was unwilling to rush the case to a
decision, saying It was TOO i'm
portant."
Apparently court and conasel would
agree to considerable aslaH the COM
plainant % hls - ansnds1 suit. in