275 F. 871 | D. Ind. | 1921
The bill avers and the proof shows a combination and working arrangement, a conspiracy, between the United Mine Workers of America and the coal operators in the so-called “central' competitive field,” to destroy what some of the conspirators call the “vicious competition” of the West Virginia mines.
“Every contract, combination in tbe form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is hereby declared to be illegal.”
The bituminous coal fields of the United States are already unionized except a portion of West Virginia and a small section of the Southwestern part of the country, and an effort to unionize the West Virginia mines is part of an effort to monopolize all the coal industry in the United States until, as one of the conspirators says, the United Mine Workers’ Organization “shall cover every coal-producing state in the republic.”
The method agreed upon and adopted by the conspirators to thus destroy competition was to organize or unionize the West Virginia field. These West Virginia operators desire to run their mines on a nonunion basis. The effort on the part of the defendants to unionize these mines and thus compel the operators to unwillingly run upon the union basis would result either in the suppression of this nonunion mining altogether, or would put such restrictions on it as to accomplish the objects of the conspiracy, namely, raise the price of the West Virginia product so that it could not compete with the so-called “central competitive field.” The attempt to do this was continued for some time accompanied by the
The evidence shows that members of the mine workers’ union purchased firearms and ammunition and otherwise financed the violent activities in behalf of the unionizing forces in West Virginia, and this state of war continued until the President sent troops into the state, and it is only held in abeyance because of that fact.
The evidence shows that the revenues of the mine workers’ union are. produced from dues and assessments laid upon the members; that these dues and assessments are by an arrangement between the miners’ organization and the operators, taken from the wages of the workers in the mines by the operators and paid by them to the organization of mine workers. This is the “check-off” system. The membership is large, and the dues and assessments yield an enormous sum.
Statements made by officers of the United Mine Workers show that the miners’ organization has sent into West Virginia to carry on this struggle more than two and a half million dollars, and the secretary-treasurer of that organization, in his report to the convention recently held in this city, stated that during the year ending August 1, 1921, the organization had sent into West Virginia more than a million dollars. This money was derived from the “check-off” system, and was sent to West Virginia to assist in the effort to- organize the West Virginia field.
If this be true, it is quite apparent that there is no difference in the activities of those who furnish the food and supplies for the army and those who furnish it its arms and ammunition. The money sent by the miners’ organization derived from the “check-off” system, as above stated, is sent Lhere to aid, abet, and assist those on the ground, actively engaged in the unlawful attempt to unionize the nonunion mines in West Virginia and destroy competition, as above stated.
The evidence clearly shows that the mine operators know—at least they know now—that this money thus contributed by them through the “check-off” system is used in this unlawful manner. It therefore follows that the use of such money should be enjoined, and the carrying on of the “check-off” system as a means for raising it should likewise be enjoined.