of the Secretary of State for the State of Kansas a certain so-called indenture of consolidation of the Missouri, Kansas & Texas Railway Company and the Kansas City and Pacific Railroad Company; that by said socalled indenture of consolidation the complainants are and were first advised that on the 10th day of May, 1898, at the adjourned special meeting of the stockholders of the Missouri, Kansas & Texas Railway Company, originally called for April 7, 1898, a so-called contract of consolidation between the defendants was pretended to be ratified and approved by parties representing more than two-thirds of the capital stock, preferred and common, of said Missouri, Kansas & Texas Railway Company; that at said meeting there were present and participating therein H. C. Rouse, president; James Hagerman, general solicitor, and T. N. Sedgwick, general attorney, aforesaid; that it also appears by said so-called indenture of consolidation that on the 19th day of July, 1899, H. C. Rouse, President of the Missouri, Kansas & Texas Railway Company, and Henry W. Poor, President of the Kansas City & Pacific Railroad Company, in defiance of said injunction orders, and in contempt of this Court, executed for said corporations a contract by which they undertook and pretended to consolidate the two defendant corporations under the name of the Missouri, Kansas & Texas Railway Company. Said contract also pretends to provide for an increase of the common capital stock of the Missouri, Kansas & Texas Railway Company to the amount of two million five hundred thousand ($2,500,000) dollars, which is to be exchanged, share for share, for the outstanding capital stock of the Kansas City & Pacific Railroad Company, in the City of New York. Said contract also pretends to provide for the cancellation of the lease herein before described, except as to the guaranty in said lease contained, whereby the Missouri, Kansas & Texas Railway Company agrees to pay certain interest on the mortgage indebtedness of the Kansas City & Pacific Railroad Company; that said pretended indenture of consolidation also shows that the Southwestern Coal & Improvement Company, by Colgate Hoyt, its vice-president, pretending to own 16,715 shares of the capital stock of the Kansas City & Pacific Railroad Company; H. C. Rouse pretending to own five shares of said capital stock; Henry W. Poor pretending to own five shares of said capital stock, and Colgate Hoyt, pretending to own five shares of said capital stock, on or about the 19th day of July, 1899, undertook and pretended to ratify and approve said so-called indenture of consolidation; that said Southwestern Coal & Improvement Company is a corporation organized under the laws of West Virginia, and its capital stock is wholly owned by the Missouri, Kansas & Texas Railway Company; that Colgate Hoyt, vice-president of said Southwestern Coal & Improvement Company, is also a director and officer of the Missouri, Kansas & Texas Railway Company; that no other stockholder of the Kansas City & Pacific Railroad Company has consented to said so-called consolidation, and said consolidation proceedings have been carried on solely by and between persons in the employ of the Missouri, Kansas & Texas Railway Company; that by said pretended indenture of consolidation the defendants, their officers and agents aforesaid, are undertaking to compel the complainants

to exchange twelve hundred and seventy-three (1,273) shares of the stock of the Kansas City & Pacific Railroad Company, owned by the estate of Robert S. Stevens, for an equal number of shares of the common stock of the Missouri, Kansas & Texas Railway Company, and are also undertaking and pretending to cancel the lease, dated March 13, 1890, from the Kansas City & Pacific Railroad Company to the Missouri, Kansas & Texas Railway Company, a copy of which is attached to the bill of complaint.

And your petitioners further show that pursuant to the plan of the defendants, and officers of said defendants hereinbefore named, to consolidate said corporations; and in furtherance of their determination to compel complainants to exchange the stock of the Kansas City & Pacific Railroad Company now held by them as executors under the last will and testament of Robert S. Stevens, deceased, for an equal amount of the common stock of the Missouri, Kansas & Texas Railway Company; and also in pursuance of the scheme of said defendants, and of said officers of said defendants, to cancel the lease aforesaid from the Kansas City & Pacific Railroad Company to the Missouri, Kansas & Texas Railway Company, said Henry W. Poor, as president of the Kansas City & Pacific Railroad Company, acting by and through said T. N. Sedgwick, the general attorney in Kansas for said defendants, on the 27th day of December, 1899, caused to be published in the Parsons Daily Sun, of Parsons, Kansas, an advertisement in which said Poor, in substance, undertook to give notice to the stockholders of the Kansas City & Pacific Railroad Company that by authority of the board of directors of said corporation, and pursuant to the terms of the aforesaid so-called indenture of consolidation, there had been deposited with him (Poor) twenty-five thousand (25,000) shares of the common stock of said so-called consolidated company for exchange for the capital stock of the Kansas City & Pacific Railroad Company. Said advertisement also purported to notify all holders of shares of stock in said The Kansas City & Pacific Railroad Company to deliver their stock at the office of said corporation, 45 Wall street, in the City of New York, to the said Henry W. Poor, as president aforesaid, so that the said stock can be exchanged, share for share, for said stock of said so-called consolidated company, and so that said stock of The Kansas City & Pacific Railroad Company can be canceled by him; and said advertisement further pretended to notify the stockholders of The Kansas City & Pacific Railroad Company that such exchange of stock will be made between the hours of ten o'clock A. M. and three o'clock P. M., except Saturday, and on such day between the hours of ten o'clock A. M. and twelve o'clock noon, of the week beginning Tuesday, February 13, 1900.

And your petitioners further show that after the meeting between said Rouse, Poor, Hagerman and Sedgwick, at Parsons, Kansas, on November 23, 1899, hereinbefore set forth, the defendant, The Missouri, Kansas & Texas Railway Company on December 2, 1899, caused to be inserted in sundry financial papers, in the City of New York, notices that it proposed to increase its capital stock to the amount of two million, five hundred thousand ($2,500,000) dollars, for the purpose of absorbing by consolidation the

Kansas City & Pacific Railroad Company, and thereafter listed said socalled increase of stock on the New York Stock Exchange; and said Henry W. Poor, in his capacity of president of the Kansas City & Pacific Railroad Company, also gave notice in said financial papers of the exchange of stock set forth in the advertisement, hereinbefore referred to, appearing in the Parsons Daily Sun, of date December 27, 1899; that said Rouse and said Poor, the presidents of the defendants have no office in the State of Kansas, nor has The Kansas & Pacific Railroad Company any office in said. State, nor does any one of its officers reside in or keep an office in said State, and all of the acts that have been performed, or will hereafter be performed in pursuance of said pretended consolidation, have taken place, and will take place, outside of said State and in the City of New York, except as herein before stated.

That each and all of the acts aforesaid have been taken by said defendants at the instance of H. C. Rouse, president of the Missouri, Kansas & Texas Railway Company, and Henry W. Poor, president of the Kansas City & Pacific Railroad Company, and at the instance and under the advice and counsel of James Hagerman and T. N. Sedgwick, the attorneys and solicitors for said defendants aforesaid.

And your petitioners refer to the files and records in this cause, and make the same a part hereof, and they also attach hereto a certified copy of said so-called indenture of consolidation.

Wherefore, your petitioners pray the issuance and service on said defendants, and on said Rouse, Poor, Hagerman and Sedgwick, of a rule requiring them, on a day to be named therein, to appear before this Honorable Court to show cause why they, and each of them, should not be committed for contempt in violating said injunction orders in manner aforesaid; and your petitioners will ever pray, etc., etc.

HOLMES & PERRY,
KELSO & VAN TUYL,

Solicitors for Complainants.

W. C. PERRY,

Of Counsel.

[Annexed were affidavit and exhibits.]

CONTEMPT FORM IV.-INFORMATION FOR CRIMINAL

CONTEMPT.
[Title.]

L. Ert Slack, United States Attorney for the District of Indiana, gives the Court to understand and be informed that heretofore, towit: on the 31st day of October, 1919, the United States of America filed in the District Court of the United States for the District of Indiana its bill of complaint against the following named defendants, towit: Frank J. Hayes, John L. Lewis [naming other persons against whom the information was filed], and others for the purpose of restraining said defendants and other

persons whose names are unknown from further engaging in and carrying out a conspiracy, combination, agreement and arrangement.

(a) To restrict the supply and distribution throughout the United States of a necessary, within the meaning of the Act of Congress of August 10, 1917, entitled

"An Act to provide further for the National security and defense by encouraging the production, conserving the supply and controlling the distribution of food products and fuel"'-namely: bituminous coal

(b) To restrict the distribution of such coal in interstate commerce throughout the United States, and (c) To restrict the operation by the United States of the railroads of the country by means of the consumption of such coal. By the terms of said bill of complaint it was made to appear that bituminous coal is the most important fuel consumed in the United States; that it is used throughout the United States in the generation of steam and electricity for motive power in the operation of railroads, steamboat lines, power plants, street car lines, factories and industrial plants of all kinds, and in the generation of heat in hotels, office buildings, apartment houses and private dwellings for the purpose of protection against cold; that it is mined and produced from the ground to the extent of approximately five hundred million net tons annually in the States of Alabama, Arkansas, Colorado, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Missouri, Montana, New Mexico, North Dakota, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming, the largest production however, being in the States of Pennsylvania, Illinois and West Virginia; that it is mined from the ground by human labor, particularly in the three states last mentioned, 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 generation of heat and power, including the operation of the railroads of the country. By said bill it was further made to appear that approximately 615,000 miners and mine workers are engaged in the United States in the production of bituminous coal, of whom, upwards of 400,000 are members of local trade unions and district unions and of the International Union, United Mine Workers of America, an organization of all the members of the aforesaid union and of certain local and district unions of bituminous coal miners and mine workers in Canada. [Next were set forth the other allegations and prayers of the bill in equity to enjoin the strike.] and as follows:

"Sec. 4. That it is hereby made unlawful for any person to conspire, combine, agree or arrange with any other person (a) to limit the facilities for transporting, producing, harvesting, manufacturing, supplying, storing or dealing in any necessaries; (b) to restrict the supply of any necessaries; (c) to restrict distribution of any necessaries," etc.,

and as follows:

"Sec. 24. That the provisions of this act shall cease to be in effect when the existing state of war between the United States and Germany shall have terminated, and the fact and date of such termination shall be ascertained and proclaimed by the President.''

That it was further made to appear by said bill, for the purpose of carrying out the provisions of the said Act of Congress, there was subsequently established by the President of the United States, and recognized by Presidential proclamation, an administrative body known as the United States Fuel Administration, at Washington in the District of Columbia, which body, pursuant to the authority of said proclamation, exercised a large measure of control and supervision over the production and distribution of bituminous coal throughout the United States; that with the official approval and sanction of the United States Fuel Administration there was entered into, at Washington in the District of Columbia, on October 6, 1917, a supplemental agreement (the so-called Washington Wage Agreement) between the operators and the union mine workers of the so-called central competitive fields, composed of Western Pennsylvania, Ohio, Indiana and Illinois, for an increase in the production of bituminous coal and an increase in wages to the miners and mine workers over the then existing scale of compensation; that said agreement provided for an advance of ten cents per ton to miners, and for advances ranging from 75 cents to $1.40 per day to laborers, and for an advance of 15 per cent for yardage and dead work, resulting in an increase to miners of 50 per cent, and to the best paid laborers of 78 per cent over the wages of April 1st, 1914; that said agreement also provided for the establishment of automatic penalties to be imposed upon miners for working less than eight hours per day, as stipulated in the then existing wage agreement, in order to avoid a shortage of coal, it being considered that no such shortage would develop if the miners then at work would work eight hours per day during five days of the week. The said agreement also contained the following provision:

"Subject to the next biennial convention of the United Mine Workers of America, the mine workers' representatives agree that the present contract be extended during the continuation of war, and not to exceed two years from April 1, 1918;"

that subsequently the succeeding biennial convention of the International Union, United Mine Workers of America, duly ratified and approved said Washington Wage Agreement.

That by said bill it was further made to appear that in September, 1919, there was held at Cleveland, Ohio, the 27th successive constitutional and the 4th biennial convention of the International Union, United Mine Workers of America, at which session the principal subject considered and dealt with by the said convention was a formulation of new and further wage demands which the miners were to place before the operators of the central