The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1922-09-01
REHEARINC IS
ASKED ON THE
CORANADOCASE
Counsel for Coal Companies
Petitions United States Su-
preme Court for Rehearing.
ATTACK EVIDENCE IN
THE ORIGINAL SUIT
Contentious Presented in Peti-
tiOn Reviews Recent Decision
Made by Supreme Court.
C8v The AssocIatea pre..,


WASHINGTON, Aug. 31,-Petttion for
reheartng OF the famous Coronado Coal
! case, in which the United States supreme
court rencently laid down a far reaching
construction Of the stability of organized
labor, although not Incorporated, was fill
ed today with the court by John w.
Davis, as counsel for the coal companies
| involved. No action will be taken on the
petition until the court reconvenes in
October.
The original proceedings was a civil
suit Instituted by the Coronado and other
coal companies against the United Mine
Workers of America, District s21, and To-
cal unions Of that organization and in
dividual members for treble damages
caused by destruction of property during
the strike of 1876. The supreme court in
a decision rendered June 8, 1922, sus-
tanned contention of the coal companies
that the mine workers union and the 9TH
er unincorporated labor organizations
damages made by the lower federal
courts.
Sr States Grounds For RehearEnc.
Essential mistakes and rnisreprensen-
tations of the facts" by the supreme court
were stated as grounds for a rehearing,
the petition asserting that when the
principles of law announced by the court
are applied to the facts actually appear
ing in the record the Judgment against
district 81, as rendered by the lower
courts, must be affirmed, and probably
also the judgment against the United
States Mine Workers Of America.
The supreme court set aside the award
Of damages on the ground that the ma
tional union of the United Mine Workers
had not been shown to have authorized
or participated in the strike. and because
the evidence did not warrant the jury
in finding that the officers of district 81
were actuated by an intent to restrain or
monopolize interstate commerce..
The jury which heard the evidence, the
petition for rehearing pointed out had
rendered verdict against the United
Mine Workers and the other defendants,
and the Judge who heard the evidence
and saw the witnesses stated that the
evidence established Overwhelmingly"
that district 81 had been actuated, pri-
marily and solely by an intent to re-
strain interstate commerce. The an
nouncement by the supreme court that its
examination OF this pivotal feature of
the case, the petition continued, devel-
oped no evidence which satisfied 1t that
the object of the destruction Of property
was to restrain interstate commerce
showed marked diversity of opinion"
which could only arise "if on one side
or the other there was failure completely
to grasp all the essential facts"
The cardinal issue in the case Is stated
to be that intent and ''to demand that
1t (intent) shall be shown by open dec
larations of those concerned" the petit
ton asserted, 'is to require what can
rarely be supplied in any proceedings,
least of all in one involving conspiracy"
The petition argued at considerable
length to sustain the contention that the
strike was neither local in motive nor
sporadic in occurrence, but was based
on a national issue, asserting that in the
miners view the operations Of the coal
companies were an entering wedge in
breaking up their organization.