◆ SpookStack

4 i a am, ae ee -2« en thet the fact of collusive payments from U.M.W. officials to — Elshoff was not then known, That fact is now established, and, ac a consequence, the Prozressives' allesations, conjectures, and suspicions appear in a more respectable light, Chronologically, the alleged urfair labor practices fall into four groups: A. Unfair labor practices prior to the closing of the mine on Vay 12, 1937, — the incubation of the conspiracy. ° B. Unfair labor practices between May 12, 1637, and January 4, 1938, -- atiempts to effect a U.™.%. coup dletat. C. Unfair labor practices from January 4, 1938, to November 7, 1939, -~ the period of siege and starvation. D. Unfeir labor practices from Nevember 7, 1939, wmtil Varch, 1941, -- favoritism in the struggle for men- bership, Caps Proof that Elshoff"was actually guilty of unfair labor practices dvring the period. of the conspiracy is vital if prose- cution is to he undertaken. Overt acts are not an essential element of a Section 51 violation, It is theoretically suffi- cient to prove nerely that subjects conspired with a guilty intent, but proof of irtent, in the absence of admissions, is necessarily circumstantial, and, therefore, as a practical matter in case of prosecution, it would be essential to prove that Fishoff actually did impose unfair labor practices, as -- it would be alleged -- he was paid to do, .