sheriff of Fayette County is directed, in addition to serving copies of this order upon the defendants, to post copies thereof in and about the mines and works of said plaintiff and at such public places as the plaintiff may direct. To J. C. FARR, Clerk of the Circuit Court of Fayette County, W. Va.: You are hereby directed to enter this order in vacation June 21st, 1902. A copy. Teste: J. C. FARR, Clerk. Bond with approved security has been given as required in the foregoing order. J. C. FARR, Clerk. To the Honorable Hugh G. Kyle, chancellor, holding the chancery court at Clinton, Tennessee. The bill of complainant of the Tennessee Coal Company, a body corporate under the laws of the State of Tennessee, having its principal office in Knox County, Tennessee, complainant, vs. The United Mine Workers of America, Dist. No. 19 of the United Mine Workers of America, the locals or local unions of Coal Creek and Briceville, of Dist. No. 19 of the United Mine Workers of America, John E. Smith, Louis Tino, Toby Sharp, W. A. Bolinger, J. H. Saylor, Robert Harmon, Thos. Wright, Kelley Duncan, Mac Hale, Warren Houston, A. T. Ault, Nat Sams, Dan Owens, Col. J. H. Smith, Robert Stansberry, James Dobson, Jake Hatmaker, George Bond, W. L. Cate, Noah Summa, Wm. Johnson, Thos. Duncan, Richard Garner, David Hill, John Davis, Wm. Elkins, R. M. Andrews, Kape White, Henry Harmon, James Eaves, Wm. Yowell, Jess Triplett, Noah White. Markham, David Waltam, Taylor Brook, John Hembree, sr.. John Hembree, jr., R. L. Ridings, John Hickman, Pat Irwin, Wm. Hickman, Harvey Clark, James Chavis, Mans Rolan, James Vowell, Meadows, Jack Roberts, Joe Brown, sr., Joe Brown, jr., Abe Wilson, Henry Wilson, Harness, Richard McGhee, Joe McGhee, Phillips, Thos. Cooper, Chas. White, Ed Goody Kontz, Robert Morrow, John Cox, W. H. Hatmaker, Aleck Thornton, John Henderson, James Brogan, Oliver White, Ransom Cooper, Wash Massengill, Bud Smith, William Marrow, B. M. Jones, Bud Crawford, Thos. Percell, Claude Purcell, Thos. McDonald, W. E. Hatmaker, David Walton, Raut Riding, Harry White, Monroe Black, Bart Johnson, Robert Kincaid. A. Bolinger, S. C. Wilson, M. S. Elliott, all residents of Anderson County, Tennessee, and John F. Bowden and James Vasey, residents of Marion County, Tennessee; J. S. McCracken, a resident of Knox County, Tenn.; J. C. Greis, a resident of Morgan County, Tenn.; Robert Vaughm, a resident of Hamilton County, Tenn.; F. L. Rice, a nonresident of the State of Tennessee, and a resident of the State of Iowa, defendants. Complainants respectfully show to the court: 1st. That it is a coal-mining company and a body corporate duly chartered and authorized by the general assembly of the State of Tennessee, with its principal office in Knox County, Tenn., and has authority under its charter to hold real estate, lease mines, minerals, etc., and mine them and transport the same, and that as such it has for the past fifteen years or more been operating a coal mine in the State of Tennessee, and now owns and operates a coal mine known as the Keystone, or Tennessee Mine, at Briceville, in Anderson County, Tennessee, and owns coal leases on more than one thousand acres of land lying and being in the fifteenth district of Anderson County, in the State of Tennessee, near the town of Briceville, which property is leased to the complainant for a number of years for mining purposes. Complainant has equipped said mines at great expense, building sidetracks, chutes, power houses, engines, boilers, ropes, cars, and mine machinery, and has spent large sums of money in opening up and developing its mines. It also owns in fee other tracts of land in the thirteenth civil district of Anderson County, Tennessee, upon which it has at great expense and outlay constructed numerous tenement and other houses for its own use and the use of its employees. The aforesaid outlay and expense of the complainants upon its said property can only be realized on by the uninterrupted use of the same. The following is the description of the tracts of land leased by the complainant and owned by it in fee: (a) Lease of the Tennessee Coal Company from the Coal Creek Mining & Manufacturing Co., dated the 26th day of December, 1893, for twenty-five years from the first day of January, 1894, covering the following-described property: Being situated in the county of Anderson, State of Tennessee, and described as follows: Beginning at a small elm and corner of the Silas Burries tract. standing on the west side of the Tennessee Valley Railroad, 1.3 poles at right angles from the centre line of same; thence north 47 degrees and 55 minutes east twenty-seven poles to a stake; thence north 15 degrees west, following the line of the Shamrock Coal Company's lease, 12 poles to a rock, where formerly a white oak stood; thence same course, following aforesaid lease line, 303.6 poles to three mountain oaks on a small cliff, the seventh corner of the John B. White tract; thence, with the line of the John B. White tract, south 26 degrees and 15 minutes east. 33.5' poles to a good hickory, with white oak and chestnut pointers; thence south 33 degrees 30 minutes east 49.8 poles to a black oak and hickory on the side of the ridge; thence south 66 degrees and 50 minutes west 60.2 poles to a crooked chestnut oak; thence south 79 degrees and 15 minutes west 192.2 poles to the stake in a rock pile; thence south 72 degrees and ten minutes west 75.3 poles to a hickory, the third corner of the said White tract; thence north 2 degrees and one minute east 74.4 poles to a stake in a rock pile, and the third corner of the said White tract; thence 48 degrees and 30 minutes west 12 poles to a stake; thence south 54 degrees and 45 minutes east 590 poles to a stake in a rock pile on the south side of the Spruce Pine Ridge; thence north 59 degrees east 200 poles to a stake between two high cliffs opposite Richwebb house; thence south 59 degrees and 50 minutes east about twentyeight poles to the centre of a line of the Tennessee Valley Railroad: thence with said railroad about 204 poles opposite to an elm, the beginning corner; thence a direct line to the beginning, containing about nine hundred and sixteen (916) acres. (b) Lease of the Tennessee Coal Company from the Coal Creek Mining and Mfg. Co., situated in the thirteenth civil district of Anderson County, State of Tennessee: Beginning on a large beach on the west side of the Spruce Pine Branch, about seven-eighths of a mile from the mouth of the same; thence north 49 degrees west 94.3 poles to a buckeye with chestnut and walnut pointers; thence south 41 degrees west 135.9 poles to a stake with white-oak and black-oak pointers; and thence south 49 degrees east 94.3 poles to a stake with chestnut. oak, maple. and locust pointers; thence north 44 degrees east 135.7 poles to beginning, containing eighty (80) acres. (c) Lease of the Tennessee Ccal Company from the Coal Creek Mining & Manufacturing Co., situated in the thirteenth civil district of Anderson County, State of Tennessee, on the east side of the creek, and on the west side of Middle Ridge and adjoining the lands of the lease of the said Tennessee Coal Company. (d) The following-described tract owned by the Tennessee Coal Company in fee, situated in district 13 of Anderson County, State of Tennessee, and bounded on the west by the Tennessee Valley Railroad and on the north by J. N. Bowling and the Black Diam Coal Company; on the east by George Hill, and on the south by George Hill and George M. Lindsay. The complainant has about 100 men in its employ in and about its said mine in Anderson County, State of Tennessee, and to fill its orders for coal the products of its mines would require a larger number of men. The demand for coal is freat and additional employés are required to meet this demand. Second. The defendant The United Mine Workers of America is a labor union or organization. The defendant District No. 19 of the United Mine Workers of America is a subdivision of the order of United Mine Workers of America, embracing the territory and the lands and property of the complainants. The residences of the individual defendants are as stated in the caption of the complainant's bill. Defendant J. F. Bowden is the president of the defendant District No. 19 of the United Mine Workers of America. The defendant M. S. Elliott is the vice-president of said District No. 19. The defendant J. S. McCracken is the secretary of said District No. 19, and the defendants, F. L. Greis, J. C. Greis. Robert Vaughan, and S. C. Wilson, district organizers of the defendant District No. 19 of the United Mine Workers of America. All the other defendants named in the caption of the complainant's bill, together with a large number of other persons whose names are unknown to the complainant, are members of the local union, being subdivisions of said defendant District No. 19, embracing the district in which complainant's property is located, and is a labor union and secret organization or order. Complainant knows nothing of its secrets, but is inferred and it charges that said order of United Mine Workers of America, and especially said District No. 19 and the local union of the same, are governed by the constitution and by-laws providing for officers and committees, and that the effect of said constitution, by-laws, officers, and committees are to bind and impress its members by solemn obligations and penalties to obey and submit to the orders, edicts, mandates, and dictation of their officers and committees, who dictate and pass upon the questions pertaining to the employment and labor of its members, and who demand of them and compel absolute and unconditioned submission to said organization, its officers, and committees, and that said organization or union dictates to its members for whom they shall work and for whom they shall not work, when they shall work and when they shall not work, and that that feature in the governing policy of said organization or union is sought to be carried to the extent not only of prohibiting its members from taking employme at from any person or employer who will not recognize said union and submit to its dictation--that is to say, who will not consent to employ union but nonunion labor, and to be controlled in its employment of their labor by said union-and to order strikes on said account, and use means of an unlawful character to stop persons not members of said union from working, to prevent nonunion men from taking employment and work for employers whom the officers and committees of the organizations or unions do not approve, who may see fit to employ any other men, nonunio workme, and refuse to be dictated to by the union, its officers, and committees, in the employment of their laborers, and from whom the employes may have withdrawn by order of the union, its officers, or its committees, or by their own voluntary acts. Third.—Complainants show that on or about the 28th day of January, 1903, the defendant District No. 19 of the United Mine Workers of America, by its officers and committees, declared this strike against complainant and called all men working for it to quit, and that as a result of the strike being called against the complainant by said District No. 19. quite a number of its employes quit complainant's service, the complainant having at said time about 150 employes, and that said District No. 19. by its officers and committees, by threat and unlawful means as aforesaid, induced about fifty of complainant's employes to quit its service; that since said time of declaring the strike against camplainant by said District No. 19 and strenuous efforts have been made to induce by force and otherwise compel complainant's employes said order of United Mine Workers of America, and become members of the local union of said District No. 19. That during all this time since the strike was declared, means of an unlawful nature have been used in order to force complainant's employes from its service and into the union; that said District No. 19, by its officers and committees, associates, confederates, and conspirators, have unlawfully conspired against complainant to injure it in the lawful prosecution of its business. Complainant would further show that the defendant United Mine Workers of America, said District No. 19 of the United Mine Workers of America, its local union, the members of the same, that its officers, committees, confederates, associates, and conspirators, except defendant Bowden, Elliott, Vasey, Wilson, and McCracken, on the night of the 21st day of May, 1903, assembled en masse at the Briceville Opera House in Briceville, Tennesse, where they remained until the early morning of May 22, 1903, when they marched to complainant's mine, about one hundred in number, many of them armed with Winchester rifles and shotguns, and by assaults, threats, and intimidation stopped and prevented complainant from entering into its mine and to their working places, and after having driven complainant's employes away, they camped on complainant's premises at its mine, taking the unlawful possession of the same, where they remained for the unlawful purpose of keeping and driving away complainant's employes until about 10 a. m. the 23rd day of May, 1903, and stayed off until the early morning of May 25th, when the defendants again unlawfully marched in force onto complainant's property, and to its mine, where the defendants again, by force, threats, and a show of numbers, intimidated and prevented complainant's employes from entering into its mine and to their work. Your complainant, while insisting upon its rights to employ such men as it chooses, recognizes the rights of the defendants to work only for such employers as they choose, their right to strike and to decline to work for complainant if they see proper, and complainant has no complaint on this account; and had the defendant ceased with declaring the strike and by peaceable persuasion to get complainant's employees to join their union your complainant would have no cause of complaint whatever and would not have appealed to this honorable court. However, the defendants did not stop with the declaration of the strike and of the means of peaceful persuasion, but have resorted to unlawful methods as hereinbefore stated, and the complainants charge that the aforesaid transgressions and unlawful acts have been done for the unlawful purpose of injuring complainant in its business and to force its employees to join the defendant's union, and to coerce complainant to accede to its demands, to recognize the union and force it to employ none but union men in its mines. ComplainaL! further charges that these acts on the part of the defendant constitute an unlawful conspiracy and that the same has greatly injured complainants in carrying on its legitimate business under its charter, the right which the principal guaranteed to it under the laws of the land in making such contracts as it sees fit for the employment of such persons as desire to enter its employment. without regard to their affiliation with the labor union of the defendant. Fourth.-Complainant avers that there is a great demand for the product of its mine, and by the reason of the unlawful act aforesaid by the defendant it is unable to fill its contracts and orders, and that unless the defendants are inhibited and enjoined from interfering with complainant's operations in the employment of necessary miners it will suffer irreparable losses and injury. as there is no adequate and speedy remedy at law by which its rights and interests can be protected. Fifth.-Complainant specifically avers and charges that the defendants have been and still are illegally and wrongfully conspiring, combining, and confederating together, intimidating, conspiring, hindering, assaulting, and threatening those in the employ of the complainant; that the defendants, their agents. servants, associates, its officers, organizers, and conspirators and representatives have conspired, combined, and confederated, and are now conspiring. combining, and confederating, for the unlawful purpose to injure the complainants in its business. And its employes, by the intimidation of the miners working in its employ, by gathering in threatening crowds in the neighborhood of the complainant's mine, coming upon complainant's premises at its mine by threatening with violence the employes of the complainant, by inducing them to break their employment with complainant, to quit its employment, thus injuring the complainant in its business and preventing it from carrying on the same, and that if such unlawful acts' are allowed to be continued the business carried on by complainant will be seriously injured, if not ruined. Premises considered, complainant prays that the defendants named in the caption be made such by due words and apt process of service of subpœna. requiring them to answer this bill fully and particularly, but not under oath. their several answers under oath being specifically waived. 2nd. That a writ of injunction issue and be served on all of defendants. enjoining each and every one of them and their associates, conspirators, and confederates, and all others that may act in concert with them or by their direction from interfering with the employees or agents of complainant now in its employ, or with any persons desiring to enter its employment, by way of threats, intimidation, personal violence, or other unlawful means, calculated or intended to prevent such persons from entering or continuing in complainant's employment, or to induce any such persons to leave the employment of complainant, or otherwise induce any persons in its employment to leave its employ, from interfering with, intimidating, molesting, or threatening in any manner any person or persons for the purposes of inducing such person or persons not to work for complainant; from congregating or loitering about in the neighborhood of complainant's premises, or at any other place or places in such manner as to unlawfully interfere with the complainant's employees or with the prosecution of its business, or to unlawfully obstruct complainant's trade; from picketing and patrolling its mines, leases, or premises, or the homes or stopping places of its employees, or the approaches or entrances thereto, or loitering in or about any other places named, or making loud or boisterous noises in the vicinity thereof, in such manner as to intimidate or unlawfully interfere with the complainant's officers, complainant's employees, business, or property; from unlawfully interfering with the free access of the complainant's employees to its mines and to their working places and their homes, or their families, and a free, unmolested going and coming of complainant's employees to and from their work, from places of their business, or their home, by concerted action or otherwise doing any unlawful act or causing any annoyance which will unlawfully interfere in any manner with complainant or its busiess or its property, and rfom giving any instructions or orders to committees, or its members, or associates, confederates, or conspirators, for the performance of any such unlawful act or threats whatsoever, obstructing or interfering with the free and un ful act or threats whatsoever, obstructing or interfering with the free and unmolested operation of complainant's business, or its present or future employees. 3rd. That on the hearing said injunction be made perpetual, and that complainant have a decree against the defendant for damages resulting from their wrongful act. 4th. That complainants may have all such other, further, and general relief as it may in equity be entitled to receive at the hearing. This is the first application for the writ of injunction in this cause and behalf. D. A. WOOD. WEBB, MCCLUNG & BUTLER, Sols. STATE OF TENNESSEE, Anderson County: TENNESSEE COAL COMPANY, By HENRY L. MCCLUNG, Sol. Personally appeared before me, the undersigned authority, E. F. Buffatt, who makes oath that he is the agent of the complainant in the foregoing bill, and that the statements therein made as of his own knowledge are true and those made on information he believes to be true. E. F. BUFFATT. Sworn to and subscribed before me this 25th day of May, 1903. STATE OF TENNESSEE, County: To the Clerk and Master at Clinton: J. C. SCRUGGS, C. & M. Let an injunction issue as prayed for in the foregoing bill on complainant's executing injunction bond as required by law in the sum of $1,000.00. May 25, 1903. WRIT OF INJUNCTION. THE COMMONWEALTH OF PENNSYLVANIA, HUGH G. KYLE, Chancellor. Somerset County, ss: To Andrew J. Coleman, high sheriff of Somerset County, Pa., greeting: Whereas it has been represented unto us at our court of common pleas for the county of Somerset, in a certain cause there pending, wherein the Somerset Coal Company is complainant, and you, the said Daniel Young, Charles Walker, Francis J. Drum, Mark M. Smith, Robert Salmond, William Morgan, William McCullough, Thomas Haggerty, James Zelinski, Barney J. Palmer, and John Blatnick, all of whom are district officers and organizers of the sixteenth district of the United Mine Workers of America, the officers, their successors, and members of local unions Nos. 606, 2003, 610, 27, 888, 1731, 291, and Grassy Run local No. all of the United Mine Workers of America are respondents, on the part of the said complainant, that you, Daniel Young, Charles Walker, Francis J. Drum, Mark M. Smith, Robert Salmond, William Morgan, William McCullough, Thomas Haggerty, James Zelinski, Barney J. Palmer, John Blatnick, the officers, their successors, and members of local unions Nos. 606, 2003, 610, 27, 888, 1731, 291, and Grassy Run local No.-, that you, the defendants, were conspiring together to interfere with the operating and conducting of the coal mines operated by Somerset Coal Company and by such interferences preventing the employees of the Somerset Coal Company from minng and producing coal in and from the mines belonging to and operated by Somerset Coal Company, and preventing any person or persons who desire to offer or enter its. employ, and that unless the court grant an immediate restraining order, preventing you from interfering with the employees of the owners of said mines and those who desire to enter its employ, there was great danger of irreparable damages and loss to the owners of said mines. |