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The sun. (New York [N.Y.]) 1916-1920, November 01, 1919, Image 3

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4- - TEXT OF FEDERAL COAL MINE BRIEF tory of Troubles of Men and Owners. .uuuouui Jjuiuiuiua. ruuuuiug I Last Convention of Work--r era Aro Dcscrificd. I By a Staff Corretpondtnt of Tne Stw. , Indianapolis, Ind., Oct. 31. The text of the Government bill In eaulty which ,8ked tor an Injunction ncalnst the leaders of tho striking; coat miners i \This bill of complaint la brought to .restrain the said deiendants and other .persons whose names are unknown to plaintiff, from further engaging and carrying out a conspiracy, combination. agreement and arrangement (A) to re- strict the supply and distribution -- 'J ary within the meaning of the Act f Congress of August 10. 1917, entitled 'An Act to provide further for the national security and aerenee ny en- - the suDPly and controlllnc the distribu tion of food products and fuel namely. bituminous coal and (B) to restrict the distribution of such coal In Inter- state commerce throughout the United Stated, and fCl to restrict the operation uio unitea Diaieo oi uiu minu.uo fvy tho country by means of the con- - BUIIlULiUll UL BUUl WHb \Bituminous coal Is the most Impor- - k tant fuel consumed In tho United States. It Is used throughout the United States In the' generation of steam and elec- - I trteltv for mntlvA TKiwer! In the ODera- - t tlon of railroads, steamboats, lighting and power plants, street car lines, lac- tones and Industrial plants of all kinds, and In the generation of heat In hotels, fell office buildings, apartment houses and Drivate dwellings for the purposo or pro tectlon atralnst cold. It Is mined and produced from the ground to the extent of approximately 500,000.000 net tons .annually In the aggregate In the states of Alabama. Arkansas. Colorado, 'Georgia. Illinois, Indiana. Iowa, Kan- - -- eas. Kentucky. Maryland, aiicniean, tAiissouri. juoncana. new juexicu, iturui 'Dakota. Ohio. Oklahoma. Pennsylvania Tennessee. Texas. Utah, Virginia, wasn-lcgto- n. West Virginia and Wyoming In varying amounts, however, the largest production being In the States of Penn sylvania, Illinois and West Virginia. Shipped to All States. \It Is mined from tho ground by hu man labor In tho aforesaid States, par' tlcularly In the three last mentioned States, and Is shipped and distributed from the mines. In Interstate commerce, Into all the States of the United States for the above described uses In the gen' eratlon of heat and power, including the operation of the railroads of the country. \Approximately 615.000 miners and mine workers are engaged In the United States in the production of bituminous coal, of whom upward of 400,000 are members of local trade unions and of district unions and of the International Union United Mine Workers of America, an organization of all the members of the aforesaid unions and of certain local and district unions of bituminous coal miners and mine workers In Canada. \The said act of Congress of August '9, 1917, as originally enacted on that lie and as amended by the act of bngress of October 22, 1919, untitled ,rt act to amend an act entitled1 to nrovlde further for the national urlty and defence by encouraging the tduction, conserving the supply and Urolling the distribution of food liucts and fuel\ approved August 10, V, and to regulate rents In the of Columbia,\ provides as follows: pat uy reason or me existence or. r nf war It t efmenrlnl in ttij. Tin - seourlty and defence, for the suc-:- 1 proseoutlon of the war and for pport and maintenance of the army lavy. to assure an adequate sup- - Lnd equitable distribution and to ate the movement of roods, feeds. Including fuel oil and natural gas, iertlllzer and fertilizer ipgredtents. utensils, implements, machinery qulpment required for the actual Jfctlon of foods, feeds and fuel. Her In this act called acces-- 1 . V . 1 . conspiracies unlawful. isec 4. That It Is hereby made tin. Jul for any person to conspire, corn- - agree, or arrange with any other person (A) to limit the facilities for transporting. producing, Harvesting, manufacturing, supplying, storing, or dealing In any necessities; (B) to re strict the supply of any necessaries ; (C) to restrict distribution of any neces axles,' &c \And as follows: \Bee 24. That tho provisions of this act shall cease to be In effect when the existing state of war between the United States and Germany shall have termln I ated, and the fact and date of such . termlnntlrtTi rIiMI Ha nftrerf nlnerl nnil nrrt. claimed by the President.' \For the purpose of carrylnir out tvj ntnAr nravisianH or inn .iin nrr or I'jin. w j . . Kress oi August id, 1917, there was subsequently established by the Preal- - ra ceni 01 me unuea mates ana rfmmiiM istratlve body known as tho United States Fuel Administration, at Wash ington, in the District of Columbia, which body pursuant to the authority of such proclamation exercised a large measure of control and supervision over the production and distribution of bi tuminous coal throughout the United States. Agreement Wn Made. \With tho official approval and sanc tion ot the United states Fuel Admlnls tration there was entered Into at Wash lngton In the District of Columbia on October 6, 1917, a supplemental agree ment (the Washington wage agreement) between the operators and the union miners and mine workers of (he central competitive fields, omposed of Western Pennsylvania, jhlo, Indiana and Illinois, for an in- crease In the production of bituminous col and an increase In wages to tha miners and mine workers over tho then existing scalo of compensation. The advances ranging from 75 cents to II. to per day to laborers, and for an advance ot 16 per cent, for yardage and dead-wor- k, resulting In an tncrease'to miners ot 50 per cent, to tho best paid laborers of 75 pr cent, over the wages ofApril 1. 1914. \The said agreement also provided for tha establishment of automatic penalties to be Imposed upon miners for working fleas than eight hours per day, as stip- ulated In then'exlstlng wage agree- ment In order to avoid a ahortae' of toal. It being considered that no such shortage would develop ir tne, minors sien at work would work for eight hours per day during Ave days ot the week. Tha said agreement also contained the following provision : \Subject to the next convention of tbe United Mine tlnuatlon of war, and not to exceed two temporarily and long enough to produce take further proceedings to render It yoars from April 1, 1918. a shortage of bituminous coal bo acute effective. ' \Subsequently from January 15, 1918, as to cause widespread national distress They have already determined, voieo to January 26, 1918, there was held at and thereby to, enforce compliance with and resolved among themselves that the Indianapolis, Ind., the twenty-sixt- h con- - the defendants' aforesaid demands. said strike shall become effective, ana sccuttve and. third biennial convention of , \At Washington, In the District of that tho preparations therefore by tho tho International Union United Mln Columbia, on or about October IB, 1919, defendants shall continue, and they ore Workers of America, which coventlon, and thereafter, there was held at the about to send out messages announcing nn 1 n mm a.. mi I (fori and ln&t&nco of the Secretary of Labor of ami deelnrin to the members otthe In- - approved the said Washington agreement of October 6, 1917. CoitTentlon In Cleveland. \From September 9. 19i9, until Sep- tember 23, 1919, there was held at Cleveland, Ohio, tho twenty-sevent- h suc- cessive constitutional and fourth bien- nial convention of the International Union United Mine Workers of America, consisting In a meeting of delegates se- lected to represent the various local and district unions, together with and under the auspices of the omcers or me in- ternational Union United Mine Workers of America, comprising tho above speci- fied defendants. The principal subject considered and dealt with bv the said convention was the formulation of new ana runner waire demands which the miners were to place before the operators of the cen tral competitive Held at a joint conier-onc- o wjth such operators at Buffalo on September 25, 1919. At the said convention the vice-pre- si dent and acting president of the Inter- national Union United Mine Workers of America, In the absence of the president, read a report In which he, recommended that this convention take action declar ing the Washington wage agreement of ficially terminated at a date not later than November 1; that the automatic penalty clause of the Washington wage agreement be eliminated in mo next contract, and that if a basic airreement jor the central competitive field Bnouia not be negotiated by November 1 there should bo a complete cessation of mining operations by all the members of the United Mine Workers of America. The New Demands. Subsequently, under date of Septem ber 22, 1919, the defendants, constituting the scale committee, submitted a report to the said convention recom- mending among other things . . . that the convention demand a 60 per cent Increase, applicable to all classifications of day labor and all tonnage, yardage and deadwork rates throughout the cen- tral competitive field; that all new wage agreements replacing existing agreements should be based on a six hour work day, from bank to bank, nve days per week ; the abolition of all auto- matic penalty clauses ; that all contracts In the bituminous Held should be declared to expire on November 1, 1919 ; that no agreement for the central competitive field should be concluded until me con vention shrould have been reconvened at Indlanarxlls on a date to bo designated by the resident international officers and until it should have ratinea suon con- tract ; and that : In the event a satisfactory wage agreement Is not secured for the central competitive field before November 1, 1919, to replace the one now In effect, that the International officials be auth- orized to call a general strike of all bituminous miners and mine workers throughout the United States, the same to become effective November 1, 1919.' The actios: president thereupon ex plained to the convention that If the gen- eral strike should be called for Novem- ber 1, 1919, the convention would not be reconvened, and that tne international officials were clothed with full authority to handle the strike, whereupon the re port of the scale committee was adopted by the convention and the convention was declared closed. \Subsequently at Buffalo, on Septem- ber 25, certain of the delegates to the above mentioned convention who had been designated, and the members of the said scale commute participated In a Joint wage conference with the opera' tors of the bituminous mines of the Central field. After prolonged negotia- tions a motion was made In behalf of tho miners and mine workers that their demands be adopted as a wholo, includ lng the 80 per cent wage Increase, and a motion was made In behalf of the operators to continue the existing agree- ment In effect until March 31, 1920. Both motions were defeated. Thereupon a OI representatives 01 both the miners and mine workers and of the operators was appointed to con- duct negotiations, and adjourned to meet in Philadelphia on Thursday, uctoDer 1919. The representatives of the miners and mine workers were then and there unsuccessful In having their demands granted, and the aa- - tourned without having reached an agreement. Conspiracy la Charged. Subseauently. at Indianapolis, within fhl district, the defendants, being offi cers of the International Union, United Mine Workers of America, and other nersons whose names are unknown plaintiff, in an effort to enforce and coerce the operators of bituminous mines In the central competitive dls trlct to grant the above enumerated do man ds of the officers and delegates o the said union. Including the demand for a 60 per cent. Increase In wages for the miners and mine workers the central competitive field who are members of the said union, in violation ot the aforesaid act of Congress August 10. 1917, and against the publlo policy of the United States Of America, unlawfully and knowingly conrflireu, combined, agreed and arranged together to restrict the supply and distribution and to limit the facilities for trans porting and supplying bituminous coal from all mines where sucn coal is produced, as hereinabove described, to and throughout all the States or tho United States for the various uses here- inabove described, by means of declar- ing, enforcing and maintaining the said general strike or cessation of labor on the part of all bituminous miners ana mine workers who are members of the International Union, United Mine Work- ers of America. \Pursuant to the said conspiracy, com- bination, agroement and arrangement, the defendants at the city of Indian- apolis within this district, on October 15, or 16, 1919, under the authority con- ferred upon them as officers of the said International Union, United Mine Work- ers of America, Issued strlko orders, signed, by defendants John L. iJewls and William Green, to the vari- ous local unions and members ot local unions who are members of the said International union, to cease all work and Issued supplemental Instructions or- ders necessary to the fulfilment such orders to cease work. to Aid Strike. \Further means of out the said unlawful conspiracy, combination, agreement and arrangement agreed upon by the defendants aa a part of laid agreement provmea an auvance h m,r-.- v rnmhlntlon. nrrmml of cents per ton to and forlnn. -- rranrnmrnt will consist in ths is. and the and \ ..... - suance of and supplemental or ders and Instructions covering and ar ranging for all necessary details of a successful enforcement of the strike; and the continuous and repeated Is- suance and promulgation the defend- ants of messages ot encouragement and exportation to continue to from work and not to return to the mines; In the Issuance and distribution to the striking miners and workers of strike of sums ot money previously accumulated and sub- sequently acquired for the purpose ot assisting the striking miners and workers to without their wages As Influenza exarrented form of grip, LAXATIVE UROMO QUININE Tabltta ihonld taken Wo'rker. America, the mln. workers gJEJMM,!. epreseniauves agreo prutcm fdt bot prevent it by taklir uixattvb itract be extended during the con-- 1 brouo quintnb Tablets u tlmv-- a, 11 uiu uiiiiuu Duties a vuuierciiuu uu.ncwi lernnxionai union, unuvu the defendants and the operators of tho 0rs of America and to the local and tltumtnous mines In tho central com- - district unions thoreof that the said potltlvo field, In the course of which strike shall be enforced and become the President of the United States pro- - cfroctlve. as nrevloualy announced, at to the conference that the de- - .midnight of October SI, 1919. The varl- - him fendants' above stated demands should ous members of the said union and the bo submitted to negotiation and arbi tration. The operators consented to such proposal of tho President of the United States, but tho defendants pres- ent such conference refused to Bub-m- lt their demands to arbitration and declared that unless they were granted on or before October 31, 1919, tne strike would take effect. Prodnctton .Cut 80 Per Cent. \Tho aforesaid strike and cessation ot work ordered by the defendants to begin at on Friday, October 31, will, as the defendants publicly and declare as officials of the said International Union United Mine worn-er- s of America, be successful In reducing the production bituminous coal In this country by at least 80 per cent., and will result In a widespread shutting down of factories and industrial opera- tions, and, In enforced Idleness and cessation of wages to vast numbers of workers throughout the country; In the curtailment produc- tion of many necessary articles and com- modities and of gas and electricity, and In widespread suffering from cold In large sections tho United States, so as to constltuto a national disaster In those respects. \Moreover pursuant to tho act of Congress of August 29, 1918, entitled an act making ror tne support the army for the fiscal year ending June 80, 1917, and for other purposes,' providing as follows: \The President In time of war Is empowered through the Secretary War to take possession assume con- trol any system or systems of or any part thereof, and to utilize the same to tho exclusion as far. as may be necessary of all other traffic thereon, for the transfer or troops, war material and equip ment, or for sruch other purposes con- nected with the emergency as may be needful or desirable.' Took Oyer rtallroada. The President of the United Statea, acting through the Secretary of War and the of Railroads, by Presidential, Decem- ber 26. 1917, took possession and as sumed control of the railroad systems ot and the thereof within the United states and has continuously thereafter, operated such railroads by virtue of Buch pos- session and control. act of Congress, March 21. 1918, entitled 'an act to provide for the operation systems while under Federal control, for the Just compensation of their owners and for other purposes,- - provided as iouowb: That the President, having in time of war taken over the possession, use. control and operation (called herein control) of certain railroads and systems of herein carriers) Is hereby authoizoa to agree with and to guarantee to any sucn car rier making operating returns to tne Interstate Commerce Commission, that during the period of such Federal con trol It shall receive as Just compensa- tion an annual sum. payable from time to time In reasonable instalments, ror each year and pro rata for any frac tional year of such Federal control, not exceed ng a sum equivalent as neany as may be to Its average annual rall- - way operating Income ror me tnree years ended June 30, 1917.' ARTeement With Railroads. \A Presidential dated March 29, 1918, authorized the Direc Railroads in the name of the President, or In the name tho or such agencies as he might designate, to agree with the own-e- n. tho railroads upon the amount to be paid pursuant to law. Pursuant to such authority, the of Railroads at va rious dates entered into contracts with tho owners the railroad systems of the country, guaranteeing to them annual compensation calculated upon the basis of and equivalent to the average annual rail way operating Income for the three years ended June 30, 1917, which con tracts are etlll In full force and effect. \Enormous and continued supplies, bituminous coal are essential to the con- tinuous operation of the railroads by the of Railroads, the dally requirements for such purpose being 387,000 tons. The Railroads has 1,237 contracts with tho operators of the bituminous mines for the furnishing of bituminous coal for the purpose ot the operation .of the railroads, which con- tracts provide for the furnishing of ap proximately 387,000 tons of such coal per day, or the aggregate actual dally requirements ot the ran roads. 60 per cent, of such contracts by volume are effective by their terms until March 31, 1920, the remainder until later aates. Oannat Operate llnllroad \If the aforesaid strike ordered by tho defendants to begin on midnight of October 31, 1919, becomes and remains effective, as the defendants declare that It will, It will be Impossible for the operators of the bituminous mines to fulfill their aforesaid contracts for sup- plying coal to the of Railroads for the operation of the rail roads of the United States, and It will thereupon Impossible for the Government of the United States through the Rail- roads to continue to operate the rail- roads of the country, and the operation of freight and passenger trains and the of persons and property by 'railroads throughout the country will have to be discontinued and abandoned. \The operating revenues of the rail- roads for the present year will thus be enormously reduced below the average annual revenues earned during the three years ended June 30, 1917, and the deficit thus Incurred will have to be made up and supplied by the Govern ment of the United States under Its In ih mlnlne of bltum nous coal at aforesaid guarantees to me owners or midnight on Friday, October 81, tho principal railroads of the country until further orders, and they have! of annual revenues equivalent to tho of Orders carrying ior 10 miners further In by abstain and mine benefits mine subsist Is an be in of mat mo at midnight of of of of of and of of of \The of of Fedoral (called of of of of of principal of of become of mi.n.nlnn people, the raw materials essential to the Industries of country and the output Its factories; and will par- alyze both Intra and Inter state com- merce. Would Strike, aforesaid defendants, or many ot them, persons whose names are un- known to the plaintiff who are asso- ciated defendants In their said conspiracy, agree- ment arrangement on October assembled the principal offices of the International Union United Mine Workers of America at In district, and considered a final mes-eag- e and appeal to them made by the President States on Octo- ber 25, 1919, to refrain from enforcing the strike order to begin midnight on October 31. 1919. Said ever, that the' said strike will cancelled 'the defendants will THE SATURDAY, NOVEMBER 1, 1919. Anderson's injunction forbidding author- itatively consequently, appropriations trans- portation, transporta- tion Director-Gener- proclamation transportation appurtenances transportation transportation proclamation Director-Gener- compensation Director-Gener- al approximately Director-Gener- ap- proximately Director-Gener- al approximately approximately Approximately Director-Gener- al Director-Gener- al transportation Indianapolis, SUN, local and district unions thereof are now or nny of tne nationiu twicers, execu-awaitin- g the Issuance of such messages tV(J hoard, scnlc committee or district presidents from doing anything to said unions shall cease work at midnight on October 31. The Issuance of such messages will render the strike enec-tlv- o at the time mentioned and will ren- der It much more difficult to terminate the strike by the return of the miners to work after having ceased work than It would be to prevent tho effectlvo op- eration of the strike If the messages were Issued, In whloh event largo numbers of the members of tho said union would In all probability not cease work. The aforesaid messages win bo Issued forthwith by the defendants un- less they are Immediately restrained by the restraining order of this court. Dander of Farther Orders. \Unless so restrained tho defendants will Issue further orders essential to rendering effectlvo and maintaining the said strike and cessation from work, without which orders such strike would not continue effective and the men would return to work. Tho defendants will also, unless so restrained, proceed to distribute strike benefits as aforesaid to the various miners and mine workers cn strlkti so as to compensate them for their lot.S' of wages while on strike. Thus the defendants will effective and maintain the said strike, and they will thus stop the production and dis tribution of bituminous coal through out tho country so as to paralyze tho Industries of the country and to throw large numbers of workmen into en lorccd Idleness and to causo Widespread suffering from cold and to disrupt the operation of the railroads of the country by tho plaintiff, the United StateB of America, and tu require the plaintiff to m?rt the resultant deficiencies In rail road operating revenues by disburse- ments out of the public treasury as aforesaid. The plaintiff Is without ade- quate remedy In the premises to pre vent the bringing about of such catastro phe by the unlawful acts and doings of the defendants and the other persons associated with them In such acts where names are unknown to the plaintiff, ex- -. cept In a court of equity and by the lm mediate restraining orders and subse quent Injunctions and decrees of the court. The Federal Plea. \Whereforo plaintiff prays: \1. That a writ of subpana Issue, dl rected to each and every ono of the de- fendants, commanding them to appear herein and answer, but not under oath (answer under oath being hereby ex- pressly waived), allegations con- tained In this complaint, and to abide by and perform such orders and decrees as the court may make In the premises. \2. That the court Issue forthwith Its restraining order directed to each ot the defendants, both as Individuals and In their representative capacities, and to all other persons whose names are unknown to the petitioner unlaw- fully combining, conspiring, agreeing and arranging with them and to all other persons whomsoever, and enjoining them not to issue any mes- sages the aforesaid strlko Is to be enforced as previously announced and to desist and refrain from doing any fur- ther act whatsoever to bring about or continue in effect the above described strike and cessation from work on the part of the miners and mine workers In the bituminous mines, from Issuing any further strike orders to local unions and members of local unions or to district unions for tho purpose of keeping such strike In effect or for the purpose of supporting such strike by bringing about or maintaining any other strikes ; from Issuing any other strikes; from issuing any Instructions, written or oral, cov. orlng or arranging for the details of en forcing such strike ordered to begin at midnight on .October 81, 1919 ; from is suing any messages of encouragement or exhortation to striking miners or mine workers or unions thereof to abstain from work and not to return to the mines In pursuance of such strike; and frnm Iftn1ne nnri rilMtrihlltlnflr or taklmr distribution to workers and by curtailment striking and abstaining from work pursuance of such strike, of strike benefits or sums of money pre- viously accumulated or subsequently to assist such striking miners and mine workers to subsist while striking or to aid them In any way by reason ot or with reference to such strike and from work, and from conspir- ing, combining, agreeing or arranging with each other or any other person to limit facilities for the production of coal; or to restrict the supply or distribution of coal or from aiding or abetting the doing of any such act or thing. \3 That the court, after notice to and hearlntr of the defendants. Issue Its tem porary Injunction pendente enjoining the defendants and all other persons unlawfully conspiring, combining, agree ing arranging with as here- inbefore alleged, during the continuance of suit. In all respects as enumerated In the next preceding paragraph hereof, nnd further from permitting said strike order to remain In effect, command-In- e them to desist from said strike by permitting said strike order unnln rnVot. nnd commanding them to Issue a withdrawal and can-- 1 cellatlon ot said strike order. \That the court upon nnai nearing this suit Issue Its permanent Injunction against the defendants ana an persons unlawfully conspiring, combining, agree-- ) lng and arranging wnn nermn-befo- re alleged, In all respects as speci- fied In 2 and of this prayer. \That plaintiff ive sih other, fur- ther and general relief as the nature of the case may require and the court may deem proper In the premlsej. \L. Ear Slack, \United States Attorney. \C. D. Ames, \Assistant to the Attorney-Genera- l. \Hbnrt S. Mitchell, \Special Assistant to the Attorney-General- .\ average operating annual for raetnoaisis the three years ended Juna 80, 1917, Brookunh. Mass., Oct. 81. In re- - out of the publlo treasury and out of sponse to an appeal by Bishop William other revenues derived by the Gorem- - A. Quayle of St. Louis, for 150,000 for from tnxatlon. In addition to this the retirement fund 856.000 was sub- - nf tha iMwrnHnn nf rlhd to-d- St tha fiftieth anniversary railroads will make Impossible for Jubilee meeting of the Methodist Worn-- 1 the Government to continue the trans- - ans- - foreign portatlon of mall, the army of th. subtcrlptlons brought the total fund to United States, the food supplies of the $206,000. the of Not Cancel The and with the unlawful combination, and 29, 1919, at this of the United aforesaid at not be and that not render the said said commanding that ac- quired lite this paragraphs 7 A TIMELY PURCHASE Heavy Tan Cap Gloves $1.85 n Make Worth $3.00 Imported Reindeer Gloves $4.50 Woratxsd Underwear $1.85 Bhirts or Drawers. Union Suits $1.15 and Up. NEARLY 500,000 OUT, DEFYING U.S. COURTS Continued from First ,Page.. In behalf of tho strike. Barely an l.n.a nfnn 1,n I\ D I1 wtftl T,1 fl fO posed \ZlVfJfTZ iftrtt&vndtx. forward tne etriKe, rrom paying Bene- fits to uttering n word of encourage; raent, he a telegram to every district und local headquarters saying : \Tho strlko will go on despite everything. We will stand assured of protection In our constitutional rights.\ Persons at tho national headquar ters say tho strike will go on auto matically. They aro sura tho men will not desert. They reiterate their assertion that tho \Government can't mine coal with bayonets.\ They add to It \An Injunction won't hoist coal out of tho mines.\ But the Immediate prospects of tho coal strlko had paled before tho loom- ing crisis In tho labor movement and in radicalism. Tho old cry of govern ment by Injunction again will be raised has been raised already. It Is recognized that this will tremendously strengthen the hands of tho radicals throughout labor circles. Thero are oven those hero ht who are ready to predict that If tho Government per' slats If, for example. It should arrest Homo of the mine leaders for contempt of court It would preclpltato tho gen era' strlko. Others, among them tho men who camo hero representing tho Wilson Administration, bclicvo that union la bor gerftrally is included In that public sentiment which Is Irrevocably op posed to a strike In which a single unit seeks to advance its own Interests at the cost of the whole nation. Position of the Government. Tho Government sought to keep this Issue out of tho proceedings before Judge Anderson y. C. B. Ames, assistant to the Attorney-Genern- l, re. Iterated several times that the proceed' lng were a plea In whereby the Government of tho United States, plac lng Itself In tho samo court to which the strikers had access, sought to prevent as Irreparable harm to Itself and Its cit- izens through a violation of the contract ot the miners for wages and of tho op- erators to furnish the United States Railroad Administration with coal. These were the broad grounds upon which the Injunction was sought. These were the contractual violations sought to be forestalled. Under the Lever law the food and fuel control net the Gov ernment sought to forestall the action therein made a crime, the action of or even of \arranging\ to ob- struct the production or distribution of these necessities during the war, which has not yet been ended by a'Presldentlal proclamation of peace. Lewis Insisted however, that the right to strike was involved, and this undoubtedly will be the grounds upon which tho miners will answer In court next week. Mr. Ames for the first time gave s comprehensive outline of the Admlnls tratlon's plan of battle. He had been In conference with Attorney-Gener- al Palmer, the only Cabinet member who has seen tho President, and is pre sumed that Mr. Ames spoke with au thority. Protection for Every Mnn. \This he said of the restraining or der granted by Judge Anderson, \Is but one wing of the battle. By this means we expect to make useless the strike organization. Without organization you can't conduct a strike. The other wing and the centro of the battle will be fought at the mines. The Government will give adoquate protection to every man who wants to work. We believe that coal Is going to be mined.\ It is admitted, however, that the Gov. ernment's best effort will not bring coal production up to tho demand. Hence all Industry will be called upon, through the m. allocation of coal bv the Fuel Admlnls U!l tU (StWU'O VIIO tihJUUitbb J miners and mine tration the of un- - in and them and aiding In 01 tnem as 3 revenues I ment o th it , A Fine . fl sent that equity it . I necessary activities, to help In the finish fight. ' It was learned that there are a few slight exemptions from the strike order. Upon an appeal from Colorado It was stated at national headquarters the organized miners of that State were working under contracts not dependent upon the termination of the war. telegram accordingly was sent them ex emptlng them from the general strike call. Later It was learned that other local situations were similar. As a re sult not only the Colorado, miners but those of Utah and ot the Harlar and Hopkins fields In Kentucky also were ex nmpted from tha strike call. In all however, these number but twenty thou sand men, and their production Is al most wholly consumed locally. Two hundred thousand out of the 61E 000 tottl minora ot bituminous coal, ac cording to the Government's bill, do not belong to tho United Mine Workers. With AMUSEMENTS. UD I DP n'wnv 40tb St. Ktpi. 8:30. Ink Mata.To-day.Tue.W- l. \Heltl Atiaience Hpeiieonna.\ limns. ETIII'X I In Aklnt' PUr BARRYMORE I Declassoe Cn DT Thoatre, W. S St. Kv. 8:13. MatToday Election Day JOHN COKT'S Naw Musical Entertainment, JUSTA MINUTE MY x.nm Amnon or i.iwrn iwtrir. I jiff'\' y'rfiiimir\n p uvtirta mxkTyov in futvrwfr. I VP. P 1 M 'I hnatrti. w- - Atb Ht. Era. S:20. LIliCUfYI Mata. 8at..Elec. HEI.AfiCO preaenta Ills PIAIDC i \THE COLD ny WH ULHJnC DIGGERS\ ft I IRPRTV Thoa.. Wrt 4Sd St. lira. 8:1.1. I Mu.T-dajrTu.3:- l, Extra Mat. Election Dar. No Wed. Mat. THE FUWnlKST SHOW on nnoAnww I'ATMOMI ITCHCOCK n!T(nr KflO 1919 MM Ifl1; Thea.. 134 W. 43 St. 8:80, lUMU MIUIIIO RUTH CHATTERTON In Ocorm SeajborouKta'a New Comedy. MOONI.IOIIT and HONEYSUCKLE. GLOBE \APPLE BLOSSOMS' Krelalnr-Jacobl-L- a Daron Operetta witn jonn unarina toouiaa WIM. Itnnt.fc &nri All Rt&r C&Kt. Mate. Wad.. Bat. Election Dar. Eves. 8:20, Booth Tarklnston's LARENCE UtinCflM W. 44 8t. Era. 1:20. nUU&UM these and with the men who under Uie ' covering or arranging for the details of completo protection to be furnished will enforcing such strike order to begin at desert the union the Government Is counting on being able to supply at least tho vital needs for coal. Criminal Clauses Not Invoked Thus while the right of the unions to tie up the Industry of the nation Is being steps to procure the Issuance or dlstrtbu In court do so In tlon, miners and mine workers strlk- - the face of public sentiment will be f lng and abstaining from In pur tried out on the field Industrial bat. tie. Tho Government la not proceeding un der the criminal clauses of the Lever act. These, aB Mr. Ames expressed It, provide adequate punlshm6nt for the vio lations of law, ami tne ruptures 01 con tract which he alleges against the , work, and from oonsplr- - Mine Workers. But, he explained to Judge Anderson, tney will not suffice to prevent the strike or to neip break 11, onco It 1b under way. Unofficially It Is presumed that the method civil injunction has been rouowed, not oniy because of lta superior efficacy, backed as It Is with Jail punishment for con- tempt of the court's order, but also be- cause It, Is not sought to provoke reac tion bv the more severe and Blower methods of Indictment and trial on' a criminal charge. At the conclusion of Mr. Amess pre sentation of his bill Judge Anderson asked only two questions why tho pro- ceeding was made criminal and under what ruling the States appeared as a to the complaint. We have shown.\ said Mr. Ames in response to the latter question, the United States Is directly and pecuniarily Involved. If the railroads, unable to get coal under their contracts which theso defendants seek to Impair, cannot get coal and cannot operate, the deficit be- tween their average return under private nwnnmhln and the return on the scale of operations which the defendants nronose to enforc must come uum (tin TrAflfnirv and from taxes. \It is further clearly recognizea in mo Debs case and In the Allen case that the United States lias a right to come Into a court of equity to seek lis protection in the enforcement or its own laws. Th Allen case, he explained, cstah ii.hA h. rlrht of the United States to Intervene in Indian land cases where tho Indian themselves could not act, Mr. Amee arrived here this morning and went Immediately to Judge Anaer-.nn'- n rhamher In the Federal Building, There, in the Judge's chambers, crowded by a ecore of persons he read the v.111 mhirh committed the Government of the United to a new policy In the face of new conditions. Conrt Slums Order at Once. At the conclusion of his argument and after he, had answered Judge Anser aan'i Questions the latter said: \I will sign the order you have pre- - oared.\ After naming eighty-fou- r of th na tional officers of tho mine workers, me membors of the executive committee, of tha scale committee and tho local presi dents, tho order commands those named Both Individually and In their rep resentative capacities as officers of the International Union of United Mine Workers of America, or as members of said organization, or any of Its district or local unions, or any commltteo mere of. and all persons combining, consplr lng. agreeing or arranging with them and all othor persons whomBOOvor, not to Issue any messages that the strike or the miners and mine workers in tne 01 tumlnous coal of the United States heretofore ordered by the said defend ants, or some of them, to take effect at midnight on October 31, 1919, Is to be enforced as previously announced otherwise, and to desist and refrain from doing any further act whatsoever to bring about or continue In effect the above described strike and cessation from work on the part of the miners and mine workers In tho bituminous mines, from Issuing any further strike orders to local unions and members of local unions or to district unions for th purpose of keeping such strike In cf feet pr for the purpose or supporting hucij strike by bringing about or main laming any other strikes.\ The order also enjoins the men \from issuing any Instruction, written or oral il 045 Cafaa and rumbiar, $3.50 1 I GIFTS 111 A GIFT from Oving- - I fjl irton'abrings pleasure n P to the receiver and re- - M fleets back credit to the f HI taste of the donor. f I OVINGTON'S 1 W 'ThtGifl Shop of Fifth Av.\ F Ul 314 Fifth Av.,near32dSt. f AMUSEMENTS. NEW Y O K K S LEADING T II E A T It E S AND SUCCESSES C CMr oa Daya,Thurs. DAVID N at tested party reduced States ! I NEW AMSTERDAM AT 8ll. 1 Mat Ho Seat Over $2 Extra Pop. Mat. Elrctlon Day. ON THE HOOF AT 11 JO. NEW ZIECTELD MIDNIGhlT \FROUC New Amsterdam Krlanger-lllUlngha- Sunday Ere. Zltgfrld Concert. CRITERION \'way 44 St. K.v. 8:3S. tniunM,t To-da- y Tuew. Spec'IMt.Elec'nDayCNoMat.Netttt'ed ) The O'lUgtina-For- d Joyouu Comedy. \ON THE HIRING LINE\ THE GENUINE ARTICLE\ E. Sun KNICKEIUIOCKEII, H'y,38 8t. 2,1, Month. Election Dav. 2 is JOHN COHT'8 New Mualcal Oomoiy HU' nr. I 11 n Al u pupfiwith Chonn of Strppera, Smllera andiJlniera. PUNCH and JUDY VJW.n 8t- - Kv. at 8:30. Mata. To-da- y A: Frl. at 3:so. Nothing Feraonal Intended. Where's Your Wife? The Anawer la the Funniest Show to lie Seen in New lnrk PACoffltsSnrffW Gaiety, B'war. 4S St. Mta.Sat.Tuee.A: Wed. COHAN & HARRIS Tvffi: Eva.8:lK. TUP\niggeit Mualral huooeas C8nce 'The Merry Widow.' \ ROYAL VAGABOND nitEAKIlVU AUi IIH.IMHU. n!fl.?P&0HN FERGUSONS Next I HENRY MILLER IPhlllpMoeUer'a WeeklOLANCHE BATES Id midnight on October 31. 1919: from Is. suing any messages of encouragement or exhortation to striking miners or mine-worke- rs or unions thereof to abstain from work and not to return to the mines in pursuance of cuch strike; and from Issuing and distributing or taking any their ability to to work of of \that fields suance of such strike, of strike benefits or sums of money previously ac- cumulated or subsequently acquired to assist such striking miners and mine workers to subsist while striking, or to aid them In any way by reason of or with reference to such strike and ah United staining from mlldar United lng, combining, agreeing or arranging with each other or any other person to limit the facilities for the production ot coal or to restrict the supply 'r distri- bution of coal, or from aiding or abet- ting the doing ot any such act or thing.\ Immediately upon the signature ot the order deputy United States marshals and agents of the Department of Jus tice, under John T. Creighton, assistant cnarge or tne bureau or investigation. started for the leaders, whose location iey already knew, thanks to tho ad vance vigilance of the Department of Justlco agents. Lewis was seated at the table presid lng over a meeting of tho executive AND UNDER THE OF Mat. y Election Day Theatre, St. nr.Il'y. Eva. Mata. To-d- and Klec Day, 3:30. AMUSEMENTS. THEATRES DIRECTION J. WINTER GARDEN S.W' Ar at 3. COMEDY 41 8. J. or New Muaica! Comedy with IIERIIERT CORT1IEI.L, GERTRUDE VANDERBILT and a cast. AAJU T Thoa., W.of IVway. Eva. 8:1S. a I . Mata. Today.Elortlon Day 3:16. MtlNTYRE I I HELLO \1 HEATH IiSIShVI ALEXANDER With SOI'HIi: TUCKER and 90 MAXINE ELLIOTT'S Sn?.8' Kva. 8:30. Mta. Today Election Day. 3:30. FIRST IS LAST LAST 3 TIMES OWEN DAVIS' MELODRAMA V 1919 Ottiora. Last Mat. To-da- 3 :30. At 9:45 !f VILLAGE GREENWICH FOLLIES ' with Beaali MrCej- - DatI. Jam WMti.Trd Towit. Ada Forir.n Herman, Dolly Connolly and ?0 FAMOUS ARTISTS' MODELS 30 B ELECTION DAY MAT. SEATS NOW. SHUBERT SfhV LAST DAY ;nda8. SOTHERN-MARLOW- E Mat. at 2 TAMING OF THE SHREW. Night at 8 HAMLET GARRICK Es.8:30.Mta.Tdy.Eloc.l3ay&Thrs. y: THE FAITHFUL I VRIP Wert of B'way. Eves. 820 a- - till Mats.TodayElectlonDay.3:t5 \NOTHING BUI LOVE\ withAndrewTombos In the elrllest.danclngost. funntrst Comedy in town. ELECTION DAY MAT. SEATS NOW. I ntlRtrRP 4Sth, W.ofBVay. Evs.820-LUrlUAUn- Mts. Today Wed. 220. EXTRA MAT. TUESDAY (ELECT. DAY) Unit Acted Comedy on Broadway. ADAM and EVA bo here until the at raw berries come again.\ N. Y. Times. PI SVHnilCF West 4Sth St. Eves. 8:30. Ma. Today. El. Day. Wed. SF\ Wilton Lackaye . nil lit n i ie a Xw Plav bv in rnUYII UrtIO AUGUSTUS THOMAS EXTRA MATINEi; EIXCTION II 4 Y. M.tr T.4 r. rMju 11v VW4 THE LUCK OF THE'NAVY with I'KIlflY iiitti:itison I Election And London Omm'4 Theatre Co.lDay Mat. aoo oiirin stha m;t si.ikj, Gecue Broadhurst's 2 Hits Dr.Ot.nl 44th. W. of Evs. ' , uiuauiiuoi Mts. Today Elec. Day. \Thriller ot Thrlllera.\ Telegram. ,1RTU CTTheatre.nr. B wav, 8:30. , I nu juts. Today Election uay. \A CRASHING HIT.\ Eve. World. Matinee Today 2:15 Tonight 8:15 OPERA GEISHA J:e?.ajr Double MAID MISTRESS AND PINAFORE Next Week FAUST A GEISHA. DADIf THEATRE, Columbus Circle. rflnl Col, S90. Mats. TckU&Tui. CAPITOL il'way. at 51H Bt. Manairrr. nAIIV Noon to 30c lo ft, U ft I L I Eves, s :4S to 1 1 1 8 iOc t o 1 1 ..10 Sat.Suil.A.lIolldays..Mts.SO-!.SO.Nts.50-- 2 rate S Weeks in Advance DOUGLAS FAIRBANKS NED WAYBUKN'S DEMITASSE REVUE ARTHUR PRYOR'S CAPITOL BAND 4 CARNEGIE HALL AFT. at 3. Song Recital. RE1NALD Werrenrath (STEINWAY PIANO) GERMAINE II ALL 3. at SCHN1TZER RECITAL (CruCKERINO) rltlNC'r.SS TflMrin 4FT 2 I I'lano . Vm 1IIEATRE - - CELE de HOVARTH Carnegie Hall, To-Nig- ht \Zimro\ Palestine Music Ensemble Mgt, 7Ko t 12 at Box Offlco d'Hete brilliant Musical Edward Director Reserved KOI.I MO.V. NOV. I'lANO urcltal Tickets AT iivnaoe nano.i HUROK CARNEGIE HALL, This Aft. at 3 Recital Debut Marguerite D'ALVAREZ rnrtralfn. Rests 76c Rax Office. MnageTient Metropolitan Mti'l-- nl Bureau Aeolian Hnll, at 8U. Richard Buhlig ni.nn nifftl Program. paU Hall. Mgt.HacniM&Jopei atdnfay HOTELS AND RESTAURANTS. Table Dinner f 1.50 & too ISO P.M.I l Carle. rn BUI, Bowes. A A.V SII5 X S, to S3 at at A 3. V A R R A R Flame of the Desert OUCH, GREENWICH VILLAGE when tho marshals came In tha door, , \You are United States mar- shals?\ he asked. The showed his star and be- gan to call the names of the men for whom he had while each cams from the body of the meeting room and accepted when It came to name, Lewis took tha paper and threw It contemptuously on the table before him opening IL As tho agents of the Department of left Indianapolis to serve the out of town men enjoined it was learned that the Department' contemplates further legal steps In whatever they may be necessary. Under tho terms of the order Issued there are many local union off- icers who can go about tholr duties. It was predicted here that troops would be sent first to the nnorganlzed mines to production there. Then, It la predicted, Injunctions wltL be as first to United Mine from attacking these mines even by persuasion nnd, to their activity In their own -- errl-. tory. Watertight as the order seems so far as It affects the organi- zation, It was predicted that tho Gov- ernment was prepared to go as far as1 to enjoin the of strike meetings In all localities should the order bo sustained next week. 1. IIITS LEE IIV\E11I. 42d. \Will 8:20. Evs. AMUSEMENT. AMERICA'S FOREMOST rCUTDAI Theatre. 47th B'war. Kva. 8:15 LXN I DHL. t,,t Motlneo Today. 3:18. lail 3 Time a Musical Com. edy Oh What A Girl aX!\ Tne ?Jew Musical Farce \THE LITTLE BLUE DEVIL\ With Bernard GrnmlUe& Ulllan First MMrnen Klertl'm Dav. HABRK Ttira.,42d.W.orB'way.Kva.fl:30 llrinnio Mata.TodayA Elnctlon nIIAE?n AComedy int iiHiiucn Drama QQTH Then., nr. Broadway. Eva.8-40- . I. Mats. Today. Elec. . CHARUS CHERRY and FRANCINfJ URRIMORE In tho Famous Comedy I American nwithovim Ceraldlne STRAND council deputy marshal orders, service, Lewis's without Justice locality protect sought needed, prevent Workers second, pre- scribe national calling present Triumph Lorraine Day,3:20 TUr BIJOU by SUCCESS OF TWO SEASONS EAST IS WEST With KAY BAINTER. Mta. Today & Elec. Day Wrrt 4Mb St. Ev. 8:30. Mata. To-da- y & Elm-t- . Day, 3:30. iaaHn:w;iaimv3; ROflTH Wot 45th St. Eves. 8:30. ELTINGE Eva. Mats. Elec Day, 3 :30. - m m m m. m I Damihlir Theatre. West 42d St. Eves. 8:30. nepUDUC Man. Tn-dn- v k Elec. Dav, 2:.in. Theatre. W. 4Hth St. Evs. 8:30. DCLMUNI Mat, To-da- y 2 :RO. a8:-\Bo- ys Will Be Boyr PI 1 1 TflW,v 40th St. Evs. 8:30 \vL I Wn.Mt8.To-day.Tucs..Wcd.2:3- SPECIAL MATINEE ELECTION DAY. WfUtD PtCCY KJOTD BRIAN WOOD YOUNG 5ELWYNffiKSi88 tit Wt rut ttlcnc vwr ruts Nov 3 To-da- Woa' 5th St. Eves, ot 820. mUDUIbUMin, To-da- Tues. AWed.220. OLIVER MOKOSCO HAS THE BIGGEST HIT I.N TOWN1 ASK ANYKODY CIVILIAN CLOTHES lth OLIVE TEI.I. & THURSTON HALL. i .yv evin. r.vs. n zu. CASINO .Mats. Today&Eloc. Day \vvuKKBcnunij ramcm. conicrr fir.7 'IMIaMilllJiW with VIVIENNL 1 M I I ll rlATINtt. MATS. and ELECTION DAY. PI VMnilTH4Mh. V of ll'wny. Eva. 820. rL.imUUin.Mi, Thurs. 220 lh\ne BARRYMORE fEB LAST TIMES TO-DA- Y \The MYSTERY thf0 YELLOW ROOM\ by Msvl s An JL&AL POPULAR Today EMILE CHAUTARD PRODUCTION IVwApnted Locka. AHTOR nower rnotoniay tAirp. RKALART BroadwaY PICTURES. Seats I 11 VIA) AT4I ST NOON TO 11 P.M. AF.OI.KN HALL. ), at 3. JanacopuloS SOrRANO Mat. LOUDON CHARLTON. Hlelnway Piano ....nnim \Ltery Day UttWE DAILYlthe HAPPY PRICES Edward CONTINUOUS r Hip.\ Hinnnnnnwr: I urruunui'ib WtiVi Ahaad. Norma lalmadte In lie isle of Conqiiait.\ rUN I'l.Mtliy ORCHESTRA I O.MKU1 llk'LK HOURS LEAVE\ tlu-- Sennett Comedy lTimoiwar I1HI.TQ nm m:sTita.. Carrlck 'I lira I re, I ai. VERA AMAZAR I1UKMA.V SOPRANO Kinbe) Tickets at Hall Mt Haenael .V Jones. COLIiMH I A, 11 way .t 47 Twice Dilly (Pop. and lll Company Price BROOKLYN AMUSEMENTS. W Jay nr. frulton l mat, TAK T lei. Main 1S.1W. Dally ihuM. THF cabaret g rls Urrltllng St'NIlW. 1 IO CONTEHTg J HOTELS AND RESTAURANTS. 14th Street near Fourth Avenue MILL DANCING MUSIC 47 W. 34 Street. Bet.Vooate 4i W.U'w.

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