Evening star., 1923-10-29
S2,222,0lO FIGHT
ON MINERS FAILS
Verdict Against Coronado
Company Claiming Damages
& in 1914 Strike.
BY the Associated Press.

FORT SMITH, Ark, October CA
verdict for the defense was returned
yesterday in United States district court
under instructions from Judge John G.
Pollock in the suit Of the Coronado
Coal Company and others against the
United Mine Workers Of America in
which damages of s2.222,oO0 was
sought as a result of alleged property
damage and resultant interference
with non-union coal mining in the
Hartford Valley coal field during the
miners strike in 1914
Judge Pollock held that the coal
companies had failed to establish ju-
risdiction In the federal court under
terms of the Sherman antitrust law.
ruling that they had not shown that
the property destruction resulted from
Q conspiracy to interfere with the
Interstate commerce.
Notice was given that the case would
be appealed.
Miners Second Victory.
Today's action was the second VIC
tory for the mine workers. The SUI
preme court last year ruled that in
the first trial. which resulted in a ver-
dict Of approximately 100000 for the
plaintiff, the coal companies had fall
ed to establish basis for the suit
under the Sherman law, and ordered
a new trial
The suit was brought on the conten-
tion that destruction of property dur
Ing labor disturbances incident to the
strike of miners in 1914 resulted in
the hampering Of mining operations
in the properties of the coal COM
panfes to such an extent as to inter-
fere with interstate traffic in nom
union mined coal
Judge Pollock held that the evil
dence had failed to establish direct
purpose to interfere with interstate
commerce. but rather conspiracy
to prevent the operation of the mines
as non-union workings
The ruling also pointed out that
under the Constitution of the United
Mine Workers no individual can bind
the entire organizations; that until
the executive board acts no one is
bound, except individuals who may
be involved in any activity, and upon
that grounds he held that the inter-
national union was not shown to be
bound by the acts of those responsible
Tor property damage during the
strike.
Must Show Conspiracy.
Before I Afntiffs can ask for a ver-
dict against the defendants. or any
OF them," Judge Pollock said In d.
recting the verdict, they must es-
tablish conspiracy to do what was
done there; they must establish that
Judgment and a verdict knowingly
participated in what occurred: they
must establish not only that property
was lost through the conspiracy. but
that the conspiracy was formed for
the direct purpose of restraining or
monopoliZing interstate commerce. =
almost every act affects interstate
commerce. 1t was never the inten-
cept something directly Interfering
with interstate commerce should be
taken out of the state jurisdiction.
I'VE must always have line of
demarkation. The Supreme Court on
much the same evidence, in this same
case. had placed this case on one
side
Judge Pollock held that the mining
of coal is not interstate commerce,
and the fact that it may be shipped
not alter the situation.
Union Connection Question.
On the question as to whether the
evidence connected the general or
ganization-the international union
with the Hartford Valley troubles.
Judge Pollok said: They have the
right to unioniZe the entire country.
Not only have they unioniZed the coal
miners of many states, but the evil
dence in this case shows they have
members in foreign countries.
Before they ask any one to become
a meHlDeT lie Has d " say
What obligation am I taking? On
what terms? What powers have they
to bind me to what they do or to
bind my money I have contributed?
"Tkey have put these powers into
the constitution and the Supreme
Court has construed that constitution
to mean that whenever the executive
board representing all of them, put
there for that purpose-that what
ever they do binds every one Of them.
Until they do act no one Is bound
but the Individual. The international
union is not bound"
Conspiracy Against Bache.
In declaring that the evidence
failed to establish a direct purpose
to interfere with the interstate COM
merce, the court declared that it had
shown rather a conspiracy to pre-
vent Franklin Bache of Philadelphia,
president of the Coronado Coal Com
pany at the time of the labor dis
orders in 1914 and one of the plain
tiffs to the suit. from operating his
mines as non-union workings.
"If Bache had given q bond that he
wouldn't ship coal out of the state
If they would let him operate nom
union they wouldn't have permitted
it." Judge Pollock said.
Institution of the suit came close
upon the heels of the miners strike
in 1914 and has moved through the
federal courts to the Supreme Court,
where the verdict awarding damages
WAS reversed