Evening star., 1947-10-12
Harlan County Story
Repeated in Reverse

Repeated in Reverse
Oppressive Tactics Rivalins Those of
Coal Operators Charged to Miners
By Gerard d. Reilly
When the evidence is presented to the court,
Labor Board lawyers believe that the suit tust
filed In the United States District Court at
Owensboro, KY, against the United Mine
Workers will be the most sensational since the
Dallas Ford case. The circumstances provide
a fresh illustration of the lawless arrogance
which convinced more than two thirds of Con-
sress that legislation to curb some Of the ex-
cesses Of strongly intrenched labor leaders was
long overdue
The bill Of complaint filed by Regional Direc-
tor Jack X. Evans, requesting q temporary in
junction, Is based upon an investigation of GER
Tain charges made by the jackson Construc-
ton Co. against one Of the locals of the Mine
workers Union. According to Associate Gen.
eral Counsel Charles Brooks the sworn testi-
mony taken by the boards agent reveals that
IN the past 10 years the central mining district
OF Kentucky has become Harlan County In
reverse
Before the passage of the Wagner Act in
1885 the oppressive practice of the operators
IN the coal fields Of Eastern Kentucky had
made Harlan and Pine Counties nationally no.
torlous. Paying wages well below the standards
OF the industry, these operators were able to
invade the markets of their unionzed competi-
TORS. In order to retain the wage differential
tnese companies resorted to armed terror to
stlf1e attempts of their employees to organize
thugs hired by the operators as guards would
flre on meetings called by union organizers
and IN the isolated mountain communities,
miners who had been in contact with union
agents were frequently waylaid and shot. These
murders were committed with impunity, as
many of the assassins, through the perennial
ability Of their employers to control the sheriff's
Office, were actually deputized as peace officers.
Despite wide publicity given these conditions
however, the State was unable to remedy them
The situation was ultimately cracked after an
investigation by the La Toilette COMMITTEES
was followed up with an indictment by the De-
partment Of Justice for conspiracy to defeat
the Wagner Act. Although this case resulted
In hung jury, the Intervention of the Federal
Government had sobering effect upon the
operators. With the protection OF the Wagner
Act, the union gained foothold Eventually
the operators associations signed collective
bargaining agreements with the United Mine
Workers.
The latest chapter on the turbulent character
of industrial relations In the Kentucky COAL
elds indicates that respect for civil rights has
not increased since the Mine Workers Union
has been in the saddle. The Sentry Mining Co..
which had been engaged In shaft mining in
Hopkins County purchased a tract of land
some distance away in Ohio County where
surface deposits of bituminous had been found.
Tho jackson Construction Co.. a general con-
tractor, was then hired last April to erect a
tipple.
The construction work had scarcely begun
when representative of the miners union de-
manded that the Sentry Mining Co. sign a
agreement for the new operations
As 1t was illegal under the Wagner Act, even
before the enactment Of the new amendments.
to make such q contract before the miners to
be covered by 1t were employed, company Of
flciab refused. They were informed that the
laws OF the union were what governed in Ohio
County.
Shortly thereafter q mob Of $50 men, alleged
to have been recruited by the union, descended
upon the construction site, seized the ma
chinery and ordered the contractors crew to
cease work. Those who, resisted were clubbed
by the mob and the superintendent was
threatened with lynching. Machinery and
trucks were overturned and dropped in a pit
Of water.
For several weeks the contractor and mining
company attempted to repossess their property,
but were held ut bay by the mob. The county
authorities were appealed to, but local police
stated they did not have sufficient numbers to
cope with the situation
(pe 1rrid Incident z,l,;,b MA. ~ao1r+aJ a..
the course Of one of these ARRAYS, involved two
photographers who had been found on an ad-
joining hillside taking pictures of the scene
with cameras equipped with telescope lenses.
They were mercilessly beaten, dragged with
halters to huge bonfire, where it was pro-
posed to toss them into the flames. They were
finally released after promises were exacted
from them to forget about the affair.
Because of the breakdown Of local law en-
forcement it was not until after the Taft
Hartley Act became effective that any legal
method of redress could be found. Charges
were then filed with the board. The theory
Of the case is that the interference with the
crew Of the contractor was for the purpose of
bringing about q concerted refusal by these
employees to work for their employer and thus
to induce him to cease doing business with
the mining company, which was the principal
object Of the unions campaign.
Such conduct not only amounts to an unfair
labor practice under the new law, but the
statute contains effective sanctions to prevent
1t. Another section of the act directs the
regional Offices Of the board in secondary
boycott cases to petition the district courts Of
the United States for temporary injunctive
relief pending the final decision Of the board
on the merits Of the controversy. After an
exhaustive investigation this step was taken.
One interesting aspect Of the case is that the
af1ldavits obtained from some Of the witnesses
are said to involve one Of John L. Lewis prin-
cipal heutenants an international officer Of
the union. The evidence Of his participation
In the matter Is said to indicate that the whole
strategy was planned in the highest circles Of
the union. If this is so, there is likelihood
that the union may capitulate and settle the