Southwest Washington labor press. [volume] (Hoquiam, Wash.) 19??-19??, 1924-08-01
MINERS WIN HARD
FOUGHT CORONADO
CASE; 10 YR. FIGHT

NASalNGION, July ols-Atter
ten years of litigation in the Coro-
nado case, organized miners have de-
feated the attempt to raid their
treasury for damages because of a
lockout in Arkansas.
The federal court of appeals at
st. Louis, Mo-, has ruled that min
ing is not interstate commerce and
is not under the jurisdiction of the
Sherman antitrust law. This deci-
sion is based on views expressed by
the United States Supreme court
when the case was before it two
years ago.
An Arkansas coal operator (Bache)
started the court proceedings when
he broke his contract with the min
ers and declared for the anit-union
shop in 1914. Mine guards and
strikebreakers were imported and the
inevitable violence followed. The
Coronado company and interlocked
concerns sued the United Mine Work
ers of America and the Arkansas
miners for $74O, 1000 damages, alleging
conspiracy to interfere with inter-
state commerce. Under the Sherman
antitrust law damage awards are
trebled, and the miners were held in
damages amounting to $4,000, 900.
Every lower court upheld the award.
The United States Supreme court
took the international union out of
the case because that body had moth
ing to do with what was proven to
be localstrike. The court also ruled
that the mining of coal is not inter-
state commerce and that under the
antitrust law it is necessary to prove
that a conspiracy to actually inter
fere with interstate commerce exists,
and that a strike, in which interfers
ence is incidental, does not constitute
a conspiracy under the law.
The supreme court remanded the
case to the lower court for retrial
on the basis of these views, which
were then upheld by Federal Judge
Pollock kansas districtl. The COM
pany appealed to the circuit court of
appeals at st. Louis, Mo-, which has
just decided in favor of the miners.
These decisions probably end the lit
,igation, which has cost the United
Mine Workers vast sums of money.
While the miners have won a most
important case, out of the contest
comes sinister declarations by the
United States supreme court that will
not be overlooked by opponents of
organized labor.
Trade unions can be sued under the
antitrust law, said Chief Justice
Taft. It is significant that since
that declaration was made, two
years ago, agitation for the incor-
poration of trade unions has subsided.
Goal mining is not interstate COM
merce and the power of congress does
not extend to its regulation as such,"
said the chief justice. This is in line
with similar statements made by the
court in other cases, and is especially
pleasing to coal owners who are re-
sisting every attempt at federal reg
ulation.
"If unlawful MEANS" said the
chief justice, had here been used by
the national body to unionize mines
whose product was important, actu-
ally or potentially, in affecting
prices in interstate commerce, the
evidence in question would clearly
tend to show that that body was
guilty of an actionable conspiracy
under the antitrust act"
Chief Justice Taft repeatedly
stated that the United Mine Workers
of America had no connection with
the Coronado lockout and therefore
could not be held for damages.
Despite these declarations, the chief
justice made this astonishing state
ment:
"The circumstances are such as to
awaken regret that in our view of
the federal jurisdiction we can not
affirm the judgment" (of the lower
courts against the United Mine
'Workers).
In other words the defendant is
innocent of every charge made
against him, but we regret that we
can not find him guilty.