The Birmingham age-herald., 1921-01-28
HIGH COURT SAYS
 MINERS MUST QUIT
 COMPANY HOUSES
Every Point Insisted Upon By United States Mine Workers Attorneys Was Decided
 Against Them on Appeal
By FRED H. GORMLEY Montgomery, Bureau, The Age Herald 22I-2 First National Bank Building


 district who refused to vacate the homes leased to them by the coal companies , when they went on strike last September
 were held to be in unlawful possession
 and ordered to vacate the property in de- i cisions of the supreme court Thursday Every point insisted upon by attorneys i for the United Mine Workers of Amerlca was decided against them in opinions in l, six test cases. After the supreme court
 had decided these cases it rendered de- I cisions in five other cases on the a1- 1 thority of the opinions in the six test
 cases. Records of the supreme court ] show that about 1, 100 cases have beeh
 certified on appeal from the trial courts of Jefferson. Bibb, Shelby, Walker and other counties of the coal district, which means that about 1400 houses owned by i the coal companies have been in possess
 sion of the lnlners. It is expected attor- neys for the miners will file applica- tions for renearingS in the cases, which | will mean Q further delay. Until tinai decisions are rendered on applications fer 1 rehearings the miners will remain in pos
 session of the houses.
 CONTRACTS ATTACKED
 ] In opposing the efforts of the coal com
 panies to obtain possession of their prop | were forced by the companies to sign l leases contracts were not binding be- which gave the companies advantages 1 not given to the miners. One section pr I the leases provided that the miners
 should vacate the property when they 1 ceased to be employed by the company I owning the property and that they mtSnt ] be removed from the premises on z4 l bours' notice. They argued that the | rt nn cause they did not also give the miners ! the right to surrender the leases or 4 1 hours notice.
 1 Justice Mcclellan wrote the opinions in 1 the cases of Harry Eddins vs. the Gai- !, loway Coal company, and J. ii. Wathlns :, vs. the Rodcn Coal company rom tn~ ] Bibb circuit court. Justice Sayre pIe- pared the opinion in the case of Whey Allen vs. the Southern Coal and Coke 1 company from the Shelby circuit court. | Justice Soma.ville was the author Of tns opinions in the cases of Thornton Cleve- 1 land ys. the Little Cahaba Coal com pany from the Bibb circuit court. ana ;. w. vinyard vs the Republic Iron anu | Steel company from the Jefferson clIcuie l court Justice Thomas wrote the opl''.n l in the case of William Johnson Vs tne | Blocton Cahaba Coal company.
 1 Decisions were handed down oy lne Icourt on authority of the other decls'ohs 1 in the following cases from the sneLpy
 circuit court: sam McSpadden ys. Sonth- | ern Coal and Coke company, Eli White ys Southern Coal and Coke company, Jesse Benton vs. Southern Coai aAu 1 Coke company. Charlie McCieneon ', | Southern Coal and Coke co,ipany' ,...a l Ed Allen ys. Southern Coal anu SSAe
 company. ,c
 1 In rendering the decisions the su- nreme court accepted the cases as companion ones and each opinion ae- l cided different points of dispute. Ans 1 result was that the six cases uisposeu of every contention raised by the miners against the legality or tneii eviction One of the most lmpor 'An Y :. points decided in favor of the mihlhs l companies was that ohe-siuo .,hsr | contracts were valid and bindins wnen the two parties assented to the con iditions. The lease contract uhuei
 which the coal company gave the
 miners possession of the premises pio yided that the lease could pc te1i'in- atod on 24 hours notice.
 One point raised against the eviction !, order was that the lease was ihSauu 1 because the miners were not gtsen .as .,o
 same rigat to cancel tne leaso ~ s 1 at hours notice. Another important i holding of the supreme court was thai
 the coal. companies properly may COT \ feet liouidated damages totaliing three times the rent due by the striking 1 mihers during the time they were m 1 unlawful possession of the premises, l Another was that reasonable attorneys, ! fees may be provided by decision or the courts. In each of these instances
 inc deciison of the supreme court was uredicated on a section of the contract lease. which provided for liauidated saamages and attorney fees.
 AFFIRMS LOWER COURT
 Tn every case where the lower court gave the coal, companies the affirma- : 1 tive charge the supreme court held the decision to be correct. Wherever the
 notice of dispossesston was served m
 compliance with the contract lease the supreme court held the notice to pc sufficient. In some eases the striking miners attacked the dispossession order of the companies on the contenuon 1 that the. leases were abrogated when the companies increased the rents m ] line with the decision of the hitumtn- f ous coal commission at the time htgner wages were. granted. Tho supreme court held that this. increase without q change in the provisions of the lease ] did not invalidate the instrument, as l the miners assented to the change in .-. vine fha PAnt0l money