The Birmingham age-herald., 1922-04-16
NONUN|ON FIELDS OF WEST VIRGINIA
 WILL NOT STRIKE
By Grace of Supreme Court Decision Operators of Mines Seem to Have
 Won Battle
By HARDEN coI.FAx
Special Correspondent of The Age-Herald (Copyright, 1922, by The Age-Herald)


 Special Correspondent of The Age-Herald
 (Copyright, 1922, by The Age-Herald)
 Washington, April 15.-The United Mine Workers of America have definitely failed to swing the non-union mines of West Virginia into the coal strike. Down in that fringe of the union fields where the real fight between miner and oper- ator is being waged, the operators, by grace of decision of the United States supreme court, apparently have won their fight.
 The nonunion supply of millions of tons a week Is regarded as no longer threatened. Within the past two weeks the nonunion operators in West Virginia have completed con tracts with virtually every employe on their payrolls. The contract pro- vides That so long as the relation of employer and emp1oye exists be- tween them the employer will not knowingly employ, or keep In its em- ployment, any member of the United Mine Workers of America, the l. w. W, or any other mine labor organiza- tion and the employe will not join or belong to any such union or organiza- ton and will not aid, encourage or approve the organization thereof, it being understood that the policy of said company Is to operate nonunion mine, that it will not enter into any contract of employment under any other conditions.
 .If and when said relation of em- lover and employe, at any time and under any circumstances, terminates, the employe agrees that he will not then or thereafter in any manner modest, annoy or interfere with the business, customers or employees of the employer. and will not aid or en- courage anyone else in so doing"
 Preamble of Agreement
 The preamble recites:
 ''In order to preserve each man the right to do such work as he pleases and for whom he pleases and the right to payment in proportion for service rendered, to preserve the nat ural and constitutional right of indi- vidual contract, to preserve to each individual the fruits of his own labor and to promote the interest of both parties"
 Every mine worker obtaining em- ployment in a nonunion mine in West Virginia is required to enter intoS such a contract and the mon already on the payroll have been signed up, according to information given to this correspondent today. The Pocahontas field was the first to accept the use of the contract and was followed by the other nonunion fields. the last one to use it being the Logan field.
 The contract is authorized, the operators claim, and made binding under the decision of the United States court in the Hitchman Coal and Coke company case. the point in that litigation being the right of em- p1oyers to enter into such a contract with their men. The court upheld the employers in their contention al- though the decision was handed down several years ago. the use of the con- tract was decided upon in these coal fields only recently.
 As a result operators claim the non- union fields are holding their own against the efforts of the United Mine workers to unionize them.
 Many Loaded Cnrs.
 The car service division reports that many loaded cars of coal are held at the mines in anticipation of orders. This situation applies to union mines as well as non-union, the operators being willing to pay demurrage on the coal in the belief that they will soon find a market. Production of soft coal during the second week of the strike is expected
  mate 100000 tons, a little higher figure than the output during the nrst week. Coal still remains drug on the market. however, and scores of non-union mines are running on part time purely for lack of orders. Others are loading coal and ship ping 1t away to the nearest railroad junction point to be re-consigned later when buyers are found. This {~ &@fA rar La non-union labor employed and con tented. It Is a policy which is sell dom, if ever, followed in norma, times.
 Aside from the coal strike business during the week has recorded con tinuation of its steady advance to- ward prosperity. For two weeks past trading on the New York Stock Ex- change has averaged more than a million shares day. The stock market Is generally regarded as an excellent indicator of what to expect a few months later on in commerce and industry. Almost every trade revival has been preceded. by from four to six months. by great activity on the stock exchange. If the rule still holds the country should be in full sunshine of prosperity next fall.
 Building Boom.
 The expected building boom has come with such startling force as to surprise the most optimistic The re- turns for March show that in 27 northeastern states contracts award ed total s29S, S,636,0 900, an increase of 65 per cent over February. Contem- plated new work in March was placed at a total of s613, ,00o, more than double the amount of contracts placed. The returns cover but a part of the country. and the estimate is made, by the same authority, that March activities are at the rate of s5,oo0. ooo.o a year.
 Lower rents, therefore may be ex- pected, in some cases as early as next fall in the cities showing the greatest building activity. Builders on the way down the country over, although the general reduction is not expected this year.
 Reports to the federal reserve board from more than 500 leading national banks show an increase dur ing the week of s147, ,000, 900 deposits and additional s32.000,000 in loans to aid business enterprises. More than 1,500 new business concerns have been incorporated since January 1, their total capitalization exceed ing three and one-half billion dol lars, almost 20 per cent more than during tho same period last year.
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