A. T. Hall, W. M. Simmons, and Josh Evans, and each of them, and all persons belonging to the association known as the United Mine Workers of America, or who may be associated with them or either of them, be enjoined and restrained from entering upon or in any manner trespassing upon the lands and premises of the Norton Coal Company at or near Banner, Virginia, in Wise County, being the lands leased by the said Norton Coal Company from the Virginia Coal Company, and now operated by the said Norton Coal Company as a mining plant at Banner, and that they be and hereby are enjoined and restrained from intimidating or threatening or coercing, or attempting to coerce, the employees of said company, or any of them, for the purpose of making them, or any of them, join the said United Mine Workers of America, or quit work for the said Norton Coal Company, and from intimidating, threatening, or coercing, or attempting to coerce, the said company, or any of its agents or employees, for the purpose of making the said company reinstate or take back any employees who have heretofore or who may hereafter be discharged by it, and that they especially be enjoined and restrained from marching in a body, or congregating in a body, at any place within the boundaries of the said Norton Coal Company's property, leased by it from the said Virginia Coal Company, at or near Banner, in the county of Wise, whether on the land of said company, or on the railway or county road running through said property. But this order shall not take effect until the said Norton Coal Company, or someone for it, shall execute bond in the penalty of $1,000.00, payable to the Commonwealth of Virginia, conditioned to pay all such damages as may be incurred by the said John Douglas or any of the other defendants to this suit, or any other person, in case this injunction should be dissolved. In testimony whereof witness the signature of the judge of said court, on this the 21st day of March, 1902. To W. E. KILGORE, Clerk of Wise Circuit Court. Judge Wise Circuit Court. The bond required by the foregoing injunction order has been given. This March 22nd, 1902. Before F. A. Guthrie, judge of the circuit court of Kanawha County, in vacation. Boomer Coal & Coke Co. vs. Frank Freeman, et al.-In chancery. This day the Boomer Coal & Coke Company, by counsel, presented its bill of complaint, the undersigned, judge of Kanawha County circuit court, in vacation, against Frank Freeman, Jno. Cunningham, Benjamin Davis, J. A. Richards, Clark Johnson, Harve Woodrum, G. A. Purcell, William Harvey, Ed. Keeney, Haptonstall, George E. Edwards, Phil Poff, Joe Hackworth, William McQuillon, Paris Hackney, and John Elmore, and their confederates and associates, and thereupon the said plaintiff moved the court for an injunction, as prayed for in said bill. Upon consideration of which it is, until the further order of the court, adjudged, ordered, and decreed as follows: That said defendants, and each of them, and their associates and confederates and all persons acting with them, and their respective agents and servants be, and they are hereby, inhibited, enjoined, and restrained from threatening or coercing in any manner any of the miners and employees of the plaintiff, the Boomer Coal & Coke Company, because of their working for said plaintiff, and from attempting in any manner to induce, by or through intimidation, threats, force, coercion, or compulsion of any kind, any of said miners and employees to quit the service of said company or to quit working for said company, and from assembling or marching, or causing to assemble or march, any body or company of men in or about or within close proximity to said company's mines, property, or works, or any of them, and from being a part of any such body or company of men, and from going upon said property, mines, or works, or any of them, and from annoying or harassing, or attempting to annoy or harass in any manner, any of said miners and employees while at work or while going to or returning from work, or while in, at, or about their homes, because of their being at work for said plaintiff, or for the purpose of inducing them to quit work, and, further, from trespassing upon, injuring, or destroying any of the structures, or fixtures, or other property of the plaintiff in or upon its premises aforesaid, or in, upon, or about its mines and plants, or any of them. But this injunction shall not take effect until the plaintiff or some one for it shall execute bond before the clerk of Fayette County circuit court in the penalty of $1,000.00, conditioned to pay all costs and damages sustained by the defendants, or any of them, if it shall hereafter be determined that this injunction ought not to have been awarded. And upon such bond being given, the 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. F. A. GUTHRIE, Judge of Seventh Judicial Circuit of W. Va. A copy. Teste: J. C. FARR, Clerk. Bond with approved security has been given as required in the foregoing order. J. C. FARR, Clerk. O. 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 cor- 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 employes. 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 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 twenty-eight 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, contairing eighty (80) acres. (c) Lease of the Tennessee Coal 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 great and additional employes are required to meet this demand. 2nd. 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 unconditional 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 |