The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-05-12
CIE!- COMPA NIES
CHARGE LOSS To
MIN { RS j n 10 N
United Mine Workers Sued
5000, 00O-Judge Clay
ton Hearing Case
STATE CAPITAL BUREAU I
THE AGE-HERALD
Mont H0mery Ala Nov II

Arguments of pleading were made
before Henry D. Clayton, Friday in
the suit OF the Roden Coal company
against the United Mine Workers OF
America, which has presented novel
questions for this state. Three suits
were filed against the labor organi-
cation by coal companies in the Bir-
nlngham district for total of $780,
600. the allegation being that the
L nited Mine Workers of America di-
rected the strike in the Alabama coal
fields two years ago and that as a
result of this strike shipments OF
ccal interstate were interfered with
snd coal companies lost large con-
tracts. Each coal company filed
suit for 100000 against the labor
organization, Joining with the Roden
Coal company in the cases were the
cahaba Coal company and the Bloc
ton Cahaba Coal company.
No issue similar to the one in
volved' in the cases has ever been
presented in Alabama. The suits
were filed in the federal court at
Birmingham. but Judge W. l. Grub
certified himself as incompetent in
the case because he is stockholder
in one of the companies. Counsel for
the plaintiffs and defendants agreed
upon Judge Clayton. The cases have
been set tentatively for trial in the
federal court in Birmingham in Oc-
tober.
similar Case Found.
\ case similar to the ones filed in
tlabama originated in the Arkansas
coal fields several years ago. A
Judgment was obtained against the
United Mine Workers. but on appeal
to the supreme court of the United
States the labor organization won.
the court holding that the strike was
not something which would give the
ccal companies the right to recover
damages for loss of business.
Augustus Benners and Borden
Burr of Birmingham appeared tefore
Judge Clayton in behalf of the
Birmingham and w. C. Davis of Jas
per were in the case as counsel of
the defendants.
BRANDON IN MONTEVALLO
Governor Brandon attended the
annual meeting of the board of trus-
tees of the Alabama Technical Insti-
tute and College for Women at Mon
tevallo Friday He will not return
to the executive department until
Monday morning.
THIRD OF TRIO SEEKS PAROLE
Wiley Canerdy of Lauderdale, the
in one case. has called upon the board
of pardons to recommend clemency
A. D. Mclnnish, whom the board OF
pardons branded as distiller last
month. was granted a parole by Gov
ernor Brandon shortly afterward
Jeff Stark, the second person in the
case, brought his appeal to the board
this week and after the board had
declined to recommend 1t, obtained a
parole from Governor Brandon. Can
erdy's appeal for executive clemency
has been Endorsed by James c. Rob-
erts, county solicitor. who prosecuted
Kim. Mr.. Roberts said he believed
Canerdy should be paroled because
(. McInnish, alleged leader. had already
received his liberty. He expressed
doubt OF Canerdy's guilt When Off
GERS raided the still Mclnnish and
stark ran, according to Mr.. Robarts
statement, but, Canerdy declined to
run and was arrested at the still
He insisted he had no part in the
manufacture of liquor.
All members of the board of par
Gons declined to recommend the pa
role in case of McInnish and stated
the parole of the three distillers
would not be conducive to law en-