The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1921-05-03
Government Charges
Three Cornered Deal
Was Made
AND PUBLIC PAID.
Miners Check Off One
OF the Proofs Sub
mitted
fRy Assoclnted Preaal

IBY ASSocinted Press
INDIANAPOLIS, Ind, May a.
A criminal partnership between
soft coal operators, miners and re.
tailers has existed for many years,
according to the charge of the gov.
ernment in its antitrust prosecu.
ton which began in the Federal
court here today.
The indictment is directed at 22s
persons and corporations and is in
five counts, each charging viola
tion Of the Sherman antitrust law.
Among the individual defend
ants are John L. Lewis, president
Of the United Mine Workers Of
America; D. B. wentz, president Of
the National Coal Association, many
others Of both organizations and
some Of the most prominent opera.
tors in the country.
The miners officials under In.
dictment number SO, the operators,
retailers and their employees 8S; the
corporate defendants 90. The de.
PENDANTS reside In SIX states-Mis-
souri,, Illinois, Indiana, Kentucky
Ohio and Pennsylvania. Taken as
a whole the indictments charge:
First, restraint Of trade; second, re.
straint Of commerce; third, re-
straInt OF trade and commerce;
fourth. conspiracy to monopolize
and fifth monopolization.
The indictment Is estimated 10
contain $4,000 words, one paragraph
Of which says:
"That at various Joint con.
ferences, miners and operators
agreed and arranged that they
were partners in the mining,
production and distribution OF
1 bituminousj coal iuS the several
states, and that they should
and would aid and assist each
other In their plans and efforts
to increase wages, increase
prices. create shortages and
limit production and distribu-
tion; that bituminous coal
should NOT be sold at any
time for a price that did not
at the time yield profit to the
operators; that whatever In
crease OF wages of miners
should be agreed upon, should
be added TO the price Of coal;
that competition among opera
tors should be eliminated by
organization among operators
and such other methods and
means as would be effective
therefor; ts that the
means Of increasing the cost
OF production and the price OF
i coal was by closing down and
| keeping idle the coal, mines"
The Indictment also attacks the
famous "check-ott" system OF pay.
ing union dues OF miners by which
the operators virtually act as a eel
lecttng agency OF the union by with
holding part of the miners wages
and paying this to the union.
The 1920 coal shortage, accord,
ing to the Indictment was manu-
faetured by the operators "as part
of the general plan Of conspiracy"
By refusing to contract for futur,
deliveries except "for a price which
would be the ruling price at the
time OF delivery" the operators are
charged with having erected a
"spot" market last year, their al.
legged plan being ito create a scar.
city OF available coal and cause a
high and excessive price"
The operators are charged with
obtaining priority coal shipment or.
ders from the Interstate Commerce
commission, which diverted twenty
million tons OF coal from the nor
NAL market places, mainly by ship
ments OF West Virginia, Tennessee
and Kentucky coal to New England
and the Northwest. Thus diversion,
in part, Is alleged to have affected
contract deliveries, caused imme-
date purchases at higher prices.
SAN uoNG SoubuLheEb lu'o ulbldut
markets and so disturbed condi.
tons that local shortages ware Gre
ated and industries fo:ced to sus-
pend work. eS
In respect to the 1922 coal situa.
| tion the Indictment charges that
there was NO shortage ot avail
able coal in the United States dur.
ing that time" tS
Various other acts ara charged
by the long Indictment as a part
OF the conspiracy, including allo.
cations Of fixed territorial limits
for an operators sales, the promo.
ton OF strikes, the private agree.
ments OF operators TO maintain uni.
form sales contracts, the breaking
Of contract deliveries, the refusal
to sell direct to consumers and
also to retailers who were NOT
members OF the retailers associa.
ton, and the initiation OF prices. es.
pecially by pretended sale and dis.
tribntion" through sales agencies
Separate only In name from the
operating and production com.
panic e, "a SSls-
The indictments were returned
Hast February Is, after an almosll