Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-10-28
INJUNCTION
AGAINST MINE
UNION KILLED
Anderson Quashes
Services Against
NOnresidents.
TWO DEFENDANTS
Check Off System to
Figure in on Court
Ruling.
TWO DEFENDANTS

Whether or not the suit for in
junction brought by the Borderland
Coal Company Of Virginia on behalf
of itself and sixty-three other COM
panies operating the West Virginia
field, against the United Mine Work
ers of America, a number Of its
members and several Indiana opera
tors, can be maintained under the
present bill Of complaint, depended
! largely on the much discusses check
off" system when Federal Court ad-
journed at noon.
Before the case was an hour old Judge
Albert B. Anderson had sustained a mo-
tion to Quash the service as against the
union, it's districts and members OF its
executive boards not residing IN Indiana
This left only two miners in the coutro-
versy, Ora Gasaway and William d. Van
Horn, Of Terre Haute.
The motion, which was presented by
W. A. Glasgow, Jr., chief counsel for
the mine workers, was based on the the
ory that an action could no. b. main
tained in Indiana against non-residents Of
which is not itself an Indiana corporation,
Judge Anderson ruled that suits against
these non residents should have been
brought either IN West Virginia or the
State In witch each defendant lives.
John L. Lewis, president Of the union,
whose home is in Illinois; William Green
OF Ohio, Secretary Treasurer Philip Mur-
ray Of Pennsylvania, vice president, were
thus removed from connection with the
| case early in the hearing. 1t was tell
Ing victory for the defense.
INDIANA COMPANIES
ATTACK COMPLAINT.
motion attacking the complaint IT.
self and asking that II be dismissed
was then made by c. c. Shirley on be-
half Of the four Indiana compan,es-the
Jackson Hin Coal and Coke Company,
the Queen Coal and Coke Company, the
Rowlands Cons olidated Collieres Com
pany and the Lr1ver Vein Coal Company
, and Phil Il PenIa and william J. Snyder
Of Terre Haute, operators.
! This motion was based on four things
/ IN Efficiency Of tacts, laches, failure Of
the plaintiff to come into court with
clean hands and mIsjoinder Of parties.
The most telling point made by Mr.
! Shirley and later elaborated upon by Mr..
Glasgow was the failure Of the plaintiff
to come into a court OF equity with clean
| hands.
! COMPANY OPERATES
| AGAINST UNIONS.
THE plaintiffs" he said, "are saying
they will not employ any man who is
union man and at the same time they
want the union enjoined from saying no
one shall work but union man. They
simply are setting up one organization
| against another. They are doing exactly
| the thing they complain Of"
| The theory Of the attack Of the plain
! tlffs on the checko6 system was made
/ clear when E. L. GriAyer OF farewell
, W Va, who, with A. NJ. Belcher Of
/ Charleston, w. Va, is presenting the
case Of the Borderland company, said :
/ SUPPLIED MONEY
| TO BUY ARMS.
ut is our contention that the Indiana
operators who supplied, by means Of the
check off, money to unions by which arms
were purchased for ths maintenance Of
miners armies In West Virginia were
! Just as guilty Of conspiracy and Of the
acts committed in West Virginia as the
miners themselves
Judge Anderson took issue with this,
! saying: II doubt If you can enjoin a
man from making money simply because
! he might use it for an improper pur-
/ pose"
| that the check OF was at the root Of all
| the trouble.
"Enjoin the check-oh and you enjoin
ALL" Mr.. Griever insisted.
Before this point was brought up,
Judge Anderson seemed inclined to be-
lleve that all tho relief prayed for could
| be obtained in the West Virginia courts
and should not be applied for in this
! State.
Cant you get full relief in West Vir-
ginie?" no said. Aren't the courts of
that State open? It occurs to me that
you can get your full relief in West Vir-
ginia"
However, when the check-ofr came into
the discussion the court listened atten-
/ lively.
! Argument on the motion to dismiss the
| bill was resumed at the afternoon session.
A number Of out-of- town lawyers and
President Lewis, Vice President Murray
a1d Secretary Green of Ohio are attend
| ing the hearing