New-York tribune., 1921-11-01
Court Forbids
Unionizing Of
Mingo Mines
Continued from paas one,

Continued from pare cnc>
dues and assessments levied or charged
Dy the United Mine Workers of Amer
ica' its ofncials or members, upon or
individuals and Of defendant corpora
tions, or who may hereafter be EN-
ployed by them, under the check off
provisions of the contracts in evidence
herein and heretofore executed by or
! in behalf of said named defendants and
the officials or members of the United
Mine Workers of America, or under
any and all contracts that may here
after be executed between the said de-
PENDANTS and the officials or members
| Of the said United Mine Workers Of
America, and from paying the same.to
| the officials, members or representa-.
| tives of the United Mine Workers of
America
Mingo County Unions Barred
! Further, the order provided that "all
persons who now are or hereafter may
be members" Of the uniop were en-
| joined "from advising, assisting, en-
couraging, aiding, abetting or in any
way or manner and by any and all
means whatsoever and especially by
the use of any funds or moneys how
soever collected by the international
union, United Mine Workers of Amer
| ica, it's officers, members, agents or
representatives, the unionization or the
attempted unionization or the non
union mines in Mingo County, West
Virginia, and Pike County. Kentucky"
| This provision of the order, however,
was limited so as to permit union funds
being used to feed strikers, as follows:
The order, which is temporary, but
effective until changed by court, also
directed that the defendant union men
and operators file an answer to the suit
in which the order. was issued within
the next thirty days. No time was set
for final hearing and defense counsel
did not announce whether an appeal
would be taken from the temporary
order.
Conspiracy Shown, Says Court
Judge Anderson, preceding discus
sion Of the text of the injunction, made
statement in which he said:
THE bill AYERS and the proof shows
combination and working arrange
nent "a conspiracy - between the
United Mine Workers of America and
i the coal operators in the so-called cen
t.al competitive fields to destroy what
some of the conspirators call the
| VIClOAS COui iHCCACiOAA VI eAAS W WV
ginia mines.
"Almost all of the coal produced in
West Virginia is shipped out of the
state in Interstate commerce and the
business of the plaintiff is shown to
be interstate. 1t lifts its coal out OF
it's mines in one state and places 1T
upon cars for shipment in another. The
evidence shows that the competition
complained of and sought to be de-
streyed is competition in the sale OF
bituminous coal throughout the several
states. A conspiracy to destroy such
competition is in direct contravention
of the Sherman antitrust act.
Attempt to Monopolize Industry
"The bituminous coal fields of the
United States are already unionized
excepts a portion of West Virginia and
small section of the southwestern
part of the country, and an effort to
uniofYize the West Virginia mines is
part of an effort to monopolize all the
coal industry n the United States un-
til, as one of The consprators says, the
United Mine Workers orgasnizattio,n
in the Republic
"The method agreed upoii and adopted
! by the conspirators to thus destroy
competition was to organize or union
ize the West Virginia field. These West
| Virginia operators desire to run their
mines on non-uuion basis. The effort
on the part of the defendants to union
ize these mines and thus compel the
operators to unwillingly run upon the
union basis would result either in the
| suppression of this non-union mining
altogether, or would put such restric-
tions on it as to accomplish the OBJ
| iects Of the conspiracy-namely, raise
the price of the West Virginia product
so that it could not compete with the
so-called central competitive field. The
attempt to do this was continued for
some time by the usual incidents OF
violence and exhibitions of force, and
matters progressed until state of war
state government was unable to put
down, and upon the call of the state
authorities the President Of the United
States declared martial law, sent Fed
eral troops into West Virginia and re-
stored order.
/ 1.-THE evidence shows that the rey-
1 enues of the. Mine Workers Union are
| laid upon the members; that these dues
and assessments are, by all arrangement
between the miners organization and
the operators, taken from the wages of
! the workers in the mines by the operat
ors and paid by them to the organiza-
/ tion of the mine workers. This is the
'check-off' system. The membership is
large and the dues and assessments
yield an enormous sum.
Statements made by officers of the
United Mine Workers show that the
miners organization has sent into West
Virginia to carry on this struggle more
than $2,500,000, and the secretary
treasurer of that organization, in his
report to the convention recently held
in this city, stated that during the year
ended August l, 1921, the organization
had sent into West Virginia more than
| S1,00O,0 600. This money was derived
from the tcheck-off' system, and was
sent to West Virginia to assist in the
effort to organize the West Virginia
field.
Wonld Enjoin "Check-Of''
"The evidence clearly shows that the
mine operators know--at least they
know now-that this money thus con-
tributed by them through the Check
off system is used in this unlawful
manner. II therefore follows that the
use Of such money should be enjoined
and the carrying on of the 'check-off'
system as means of raising it should
| likewise be enjoined.
"John l.. Lewis, the president Of the
United Mine Workers Of America,
being in the courtroom at the time
was asked by the court if he would
aurae to nrpServa tho stains nuo--th q