The Scranton tribune. (Scranton, Pa.) 1891-1910, November 15, 1902, Page 3, Image 3

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,THE SCRANTON TRIBUNE-SATURDAY, NOVEiVJLBER 15,
1902,
-... -
OPERATORS TAKE UP
MINERS' GAUNTLET
(Continued fiom Page 1.)
How long hud the agitation l)roti sped
ftcnlly proceeding up lo the time of tlio
strike? A. Well, It had been c ontliiuous
as far m I know, or as for hick as t
know no far back ni I have known the
nnthrnclto miners. Q. Tlieio hail nlwajs
been that difficulty here ntnl thoie claims
made? A. Ever rlnce T have known of
them. Q. How long have oufiknovvn ot
the dlaFatlsfactlon ot the indie woikeis
with reference to the method ot ascer
taining how much pay they should havc7
A. I hac known ot It of my own Infor
mation Rlnce the fall of 1818. Q. Anil that
hn, gcnernlly spcnlUng, eijstnll.ed Itself
Into a demand for pajment by weight,
ha-? It not? A. Yes nit : ns Tat ns they
have over Riven expression to the svs
tem they wish to be put upon. It bus been
bv weight. Q. Is that genciul now, In the
bituminous fields A. The system ot pay
Injr by weight Is geneinl In the bitumin
ous fields.
The Principal Reason.
Q. AVlmt weie some of the loason,
hi lolly,, advanced by the men, whv the
lompanlcs should p.iv by weight? A. The
principal reason advanced by tho mlneis
Is that payment by weight Is the only
honest method of determlnlm: the amount
they cam. Tho miners know und believe
that thev uto not paid for tho real they
mine. Q. Has there been nnv ejalm al
leged wheic they arc paid bv the ctn, that
the sbo of those cats has been Incicnscd
without ittcicnslng their pay A. Yes, all.
The miners generally complain that tho
tars themselves hnve been made luigor
within lecent yeais, and that theie has
been .a constant and continuous demand
by tho companies that the miners shall
place moio coal In tho cars: In other
words they shnll put more topping on.
The question ot topping In those mines
vv hero men are paid by cubical measure,
or by tho bov, lathei, has been a some.)
ot more tioublo thnn any one thing 1
know of. Q. Tell ns what you mean by
lopping? A. Tlic companies iceiube that
tho miners shall have a eel tain amount
of topping on the cai when It comes to
the brcakei. That Is to sa, the uile may
require that tlieio be sl Inches o coal
nbovo tho water level of a rnr when It
comes to tho bieakei. It It has not got
nix Inches on top at the end of the mine?
Is sometimes hauled In the mine a dis
tance of a mile. As n consequence, the
oal shakes down In tianslt: and whllo
the miner may have placed six inches on
that car at the place he loaded it, when
It leaches tho breaker the coal has settled
down or has been knocked off the cai In
tianslt. The consequence Is that the
miner Is docked for failure to hnve six
Inches ot coal or whate' er the rule may
1)0, on tho car when It i caches the break
er. Q. In order to get sW inches on the
top at the bleaker, the car has to tiavel
a mile or two br thiee, or whatever Is re
quired, and they must place moie than
six inches on top at the en dot the mine?
Is that what you mean? A. Ye, sir; It
would be necessary, because the coal
would settle or be knocked off. Q. And
that exact amount could not be nseei
tHlned? A. Theie would be no wav of de
tei mining It exactly. If thev place a con-f-ldciablo
amount, moie than .six Inches ot
topping In mines wheic that would be ic
qultcd, thev simply incieuse the danger ot
falling oft or being knocked off on Its way
to the breaker. Q. Supposing that a
miner had placed so much oal on a car
that at the top of .the bienhei theie weie
seven oi eight oi" ten Inches, would ho
get anything extia loi that? A. No, sir.
Q. lie is simply docked If lie has less than
Mx? That is as jou undei stand it? A.
That Is my Infoiniation about the svstem.
Q. Has that been a Eilevauce Hint they
haVe had.' A. Yes, sir; a veiv seilous
gllevance. Q Well, all these gilevanres,
leal or fancied, wlialevei they weie, weie
"nought together at vom convention,
weie they not? A. Yes, sli
Efforts at Agreement.
Heie Mr. 'Mitchell told the stoiy of
(he strike piollinimules. and the effoi ts
to pffeot an agreement on the Sluiinokln
demands through the Civic fedeiatlon
He told, among other things, that dur
ing the strike $1,500,000 was dlsti United
5n aid to the strikers.
Q. Two or tlneo moie questions and
then I sh ill have finished. What would
vou ay as to the ability, on account of
vour organization, and ludged bv vour
experience, to maintain discipline and as
sist In the settlement of questions and
hdp in tlie harmony of the management
of the coal Industry? A. I should suv
that our expeilence as an oignnlzntlou
demonstrates concluslvelv that discipline
can be maintained wheie trade agree
ments exUt. As a matter of fact, in
those states wheie we have, tiade agree
ments, if any or our local unions, were
to attempt to violate the agieeineut: If
they tcfused to go back to wnik when
we Instiucted tin in to do so, we would
put them out of the union. We would re
voke their charteis. Oiu ugiccmeuts
take piecedeiico to our law. If our law
Weie in conflict with the ttode agiee.
ment, the Undo agieement would bo
given precedence and we would set thn
law aside rather than the agieement.
The agi cements must lie kept luvlolnt.
Q. Mr. Mitchell, some lomplaliit has
been made, and I lefer to it for that
reason, In leference to the strike of
pumpois. You know what T refei to. do
ou pumping men? A, Yes, sr, The
steam men went on strike on June "nd.
The miners' sttike was on May 12lh, The
Instruction to the steum men to ask for
a reduction In thn bouts of labor was
Issued on May 21, Q, That was for a
i eduction to eight houir, itai It? A,
Yes, sir: the Instiuctlon was Issued home
tvvelvo davs beforo they were to luntigiu
ate a stilke If the companies failed to
glvo them an eight-hour woik-dav They
weto told In tho instiuctlon Issued that
they were lo lemnln at vvoik und pioteet
tho propei ties of the companies. If thn
rnmpanlcs would penult them to vvntlc
right hour a il.ij without any leductlou
In their pay, Q, Thej wete to lenialu at
work while the ntheis went on h sit Ike?
A. Yes sir. Q. And thut was because) tho
pump men and tho onglnreis wete neces.
snry to keep water out of tho mines" A.
Yes, sir, Q. And matters of that sou?
Were they refused nn olgnt houi day?
A, Willi few exceptions, Home few In
some mines have granted tho eight-hour
day. Q. And did they stay at walk
wheie the eight-hour dnj was granted.
A Yes, sir, Q, One other mutter that I
overlooked, Mr, MltchcH. Do you know
instiling about the vailety of "coutiuttH
that exist In this icglon, specifically, and
as to any eatiso of complaint on that no.
count? A. Contracts? Q, That Is, a vai
lety In the pa incut ot price for mining
roal and the method In which It Is
mined? A. Yes, sir; only In a general
way, that ull the companies operating
In this I,uckuvviiiiim and Womi'g re.
glon pay either by tho box, by the cr
by what Is called u ton, Q. Is It, unlfom:
among the various companies? A. No,
sir; It Is vailed. Q. State whether or not
thut has been one of tho causes of com
plaint? A, It hus made it impossible for
the men working to determine how muih
coal they wcro loading for the amount
they were iccelvlng. Q. In what way?
A, They rould not determine how much
coal they would have to load, because of
tho topping lequiied. Q, I refer now to
tho question as to whether different
companies huvo not paid different rates
of wages for substantially the same
work? A, I know that In a generul way,
and by comparing tho pay, the state
ments Issued by the companies. Q. Mr.
Mitchell, you referred to tho question of
a local violating any agreement, and
slated In that event their charter would
bo revoked. A. Yes, sir. Q. What about
other men who continued to woik?
Would other union men continue to
wotk? A. Yes, sir. Mr. Dai row: I think
that Is all that occurs to me now.
CROSS-EXAMINATION.
Mr. Wilcox began the cross-examination
about twenty minutes before the
noon recess was taken and continued It
dining the two liouis of the nfternoon
session.
By Mi. Wlllcox: cj. Mr, Mitchell, how
long did jou art as a bituminous miner.
A. Thlitcen venrs. Q. And was It con
tinuous? A. Yes. (dr. Q, At what time,
would you mind telllngT A. I started
when 1 was between 12 and IT years of
nge, until 1 was about 26 years of age.
i. Have vou dono anything else except
lo act ns mi official or this organisation?
before' Hint time, howevct, on a fnim,
A. I have not pet formed any woik out
side of that, since that time. T worked
when 1 was 10 veurs of nge. Q. T thought
ou had studied law? A. I did nl night,
when I came homo fiom the work In the
mines. Q, thought sou were u piofes
sional brother? A. I have never been ad
mitted to the bar, however.
CJ. The mine vvoikets' union Is r voliin
tuty association, ns I undeislond It? A.
Yes, sir. Q. And It Is not Incorpoiated
In nnv state or anywhere? A. It Is not
an Incorporated oiganlznllon, but Is or
ganized the same, ns nil other labor
unions. Q. When did these anthracite
miners first comp Into It, did you suv?
A. They were foimcd of the members
of District assembly, 13", which Joined
with the Miners' Progressive union in
making the United Mine Workers of
Amotion. Q. How many ot them were
In that District 1 S, do oil know? A. No,
sir: I do not know how mnnv were In
line. q. It was quite 'a small number,
wus It not? A. I could not snv. I might
sav, both of these two national unions
thut Joined together onlv had a total
membeishlp of twenty or thhty thous
and, q. What I mean to get at It this;
so fur as this organization or Knights of
Labor i concerned. It had prartleally ex
piied, had It not? A. I cannot nnswer
the question accuratelv, but I under
stand that a considerable number of Its
totul membeishlp wete anthracite mine
workers. Q Of this particular district
assemblv, or what? A. Y'es. sir: of No.
1.1". q. You do not know what the total
membership was? A. T do not.
q. Now, I understand that under the
constitution ot the Flitted Mine Workeis,
the convention In their body has power
to order a strike In all the coal-pioduc-lng
legions, is not that so? A. Yes, sir.
q. Has the national executive boatd that
power also? A. They have that authority
given them by the Inw. but tlirv cannot
do It In violation of any existing con
tracts q. Wliv not? A. Because tho
contracts themselves are superior to our
law. q. Do vou mean by virtue of nny
definite piovislon. A. No, bv virtue of
the policy and piecedeuce established bv
the organization q. But so far as the
constitution is concerned, the executive
boaid has the power to Older a strike?
A. That is our law. Q. Now, I under
stand that a convention must be called
on the application-of five dlstucts? A.
Yes, sir. Q. And that .such onvention
mnv older a general suspension of work
eveivwhere A. It mnv. except In the
event of ngieements existing between the
opeiatois and mineis. q. How many
dlstilcts ate theie? A. There aie eigh
teen distilcts q. Theie aie eighteen dls
tilcts, and oly thiee of them aie anthra
cite dlstilcts. A. Yes, "dr. q. And ench
distilct elects one member of the board,
does it? A Yes, sh. q Theie Is n great
deal of diffeience as to the size of the
dlstucts. as to membeishlp, I nuclei -stand.'
A. Yes, a veiv gieat diffeience.
q Tor instance, in Michiguu, I believe,
theie i no only two cu thiee thousand. A
Yes, sr. q And In those thiee dls
tilcts, vou sav theie aie one bundled and
ten thousand. A. Yes, sir. q But the
powei Is divided ace oi ding lo tho num
ber of the membeis; that is, the distilct
lepiesentatlves? A. No, each district is
given one member on the board q. Yes.
A. However. In our conventions theii vot
ing power is in accordance with the num
ber of membeis. q. But In the national
boaid, lor the put pose uf calling a con
vention, for instance, the state of Michi
gan would have as much power ns this
Dlsttiet No 1 here, would It not? A.
That Is tine. q. And the powers Of the
body geneiallv between conventions aie
eXeiclsed bv the national boaid? A. No,
ii. q. fs that so? A. The law piovldes
that thev shall have power between con
ventions, but the legulatlon of a distilct
Is by the dlsttiet executive boaid, which
is empovveied to make laws tor its own
government, q. Yes, but does not the
national board have power over the dls
ttiet bouid? A. It has power to Inaugur
ate n stilke.
q. You spoke of disciplining the mlneis
for violating contracts.' A. Yes. sli. q
Is theie am thing in the constitution In
tcgaid to that? A. No, sh, e ept that
tho offlceis aie. empoweted to exeicise
snpeivlslon over tho wotklngs nt the ot
gnnizatlnn evei j wheie, q. Yes? A. And
under that oiu dlsttiet constitutions In
some states do make pipvlsion for le
voklng or disciplining the membeis, np
plihig penalties and flues and so forth.
q. Have you got the distilct constitutions
of this paitlculai legion? A. I have not
got them light wth me. I am trying to
Bet some which will be furnished when
ihov nulve. q. Do they have any such
piovislon In them? A. I do not lecnll
that they have. There have been no
agieements In these dlstilcts. Q. And nie
theie any provisions In the constitution
legnidlng the enfoicemkent or canning
out of tho contracts? A. Theie nie In the
ngieiments; ves, sir. Q. I know, but nie
there anv such piovlslons hi the con
stitution of the body? A, Or the national
mganlzatlon? q. Yes? A. No; theie aie
none. It Is pinvided by agreement with
the opeiator q. The only provision theiu
Is on the subject is contained In the agiee
ment Itself? That Is light? A The pio
vision Is In tho agi cement Itself; jes, sli.
q, What does jour constitution piovlde
In legaid to sympathetic stilkes? Any
thing.' A. Thorn Is no piovislon at all In
It, except that hi a ense wheie a stilke lit
one distilct might have the effect ot low
ing the wages In another district. Then
tho oignnUatlon would hnve power to ex
tend tho stilko so as to pioteet the men
whoso wages would ho affected by a full
me In tho flist district. Now, peihups, I
had better lead the provision. Section 4
of article 10; "National ofllceis shall, at
unj 1 1 in o the deem It to the best Inter
ests of mine wnikeis hi u distilct that is
Idle, for just and sufficient leabons, to
unlet a suspension in any other district
or dlstilcts, that would In any way tin
pedo the settlement In the distilct af
fected; piovldcd that such action would
sol ve to tho best Inteieata of tho United
Mine woikers of Ameilcu " That Is the
piovislon Is it not?
A. Yes, sir. That piovislon Is to bo en
foiced In the event of one company opei
atiug mines In one distilct vvhcio they
might attempt to reduce wages-lu which
tlieio would bo no iigieeiuont always by
continuing operations In other mines hi
another distilct. That power Is Invested
In the executive board, so that they
might stop tho mines of the company In
both dlstilcts; ulnajs with the condition,
however, tlieio fs no agieement existing
In either of them.
O. That statement of yours does not
seem to be contained In this Section.
A. What statement Is that?
q. That which ou havo just made.
Mr. Dai row: The puinose of it,
Mr, Mitchell: That is what I am tiylng
to explain; Just what out laws mean.
By Mr. Wilcox;
Q. That Is not contained In the section
llBelf, Is It? This Is n statement of your
own as to tho pttrposo ot that section, Is
It not. Mr. Mitchell?
A. Yes, sir, nnd that Is what It menlis.j
because In our oiganlznllon tho piesldent
of tho organization determines what the
low means, and a derision ns lo what tho
law means In our otgrtnlzatlon makes It
the law. That Is, tho laws are Inler
ptelod In that wny,
q, So that as you testify, tho law Is be
ing mnde, Is It?
A. I have Just given ou what that law
means.
q. Yes, so that ns you speak, tho law Is
being made, ns you nie president of the
organization? (Laughter),
A. No, not necessarily: but the consti no
tion or meaning of our own laws Is deter,
mined by lis chief officers.
q. Does the constitution glvo tlirm any
such power as that? A. Yes, sir. q.
Where In that? A. Under "Tho duties of
the piesldents." q. Can you point that
out to me? A. See It you find this lan
guage: "lie shall decide all disputes as
lo the meaning of this constitution."
The Chairman: Perhaps you con take
the constitution, Mr. Mitchell, and point
It out to the commission.
Mr. Mitchell: Yes; I have It hero, I
think.
Mr. Dairow: The poition ot the consti
tution you are looking for Is nt the bot
tom of page 6, or the top of page T, I
think, Mr. Mitchell.
Mr. Mitchell: YeH; I find, Mr. Wlllcox,
that you hnve not been lending from our
constitution.
Bv Mr. Wlllcox: I have not ha the
pleasure of having one furnished to me.
Have jou It now A. Yes q. The one
I had Is not up to dale? A. No; I will
furnish you with one of our constltu
tions as soon as I can get somo copies,
q. Have you tho right place? A. It
reads: "He shall devote his time and at
tention to the affairs of the union: decide
all question In dispute concerning tho
meaning of the constitution, and exer
cise the duties of the president.
By Mi. Wlllcox: q. Suppose a man
violates an agreement, and the constitu
tions contains no provision regarding his
expulsion for thut reason, do you think
that would constitute a dispute arising
regarding the teims of tho constitution,
which you would have tho power to de
cide? A, If a person had violated this
law, do you menu? q. It a person hnd
not violated the constitution, but had
violated an agreement. A. If he had vio
lated an agreement, we would have au
thority to tut n him out. Q. You think
vou would? A. Yes, sir. q. Although
theie is nothing of the kind In the con
stitution except thut you hnve the right
to decide disputes as to the meaning of
the constitution? A. YeH, sir. But he
would not be tinned out because the
language of the constitution provides for
his punishment In that way. We would
do It because that Is the established
policy of the oiganizatlon, as it Is of
nearlv all trade unions, q. Well, it is
outside the constitution then, Is it not?
A. Usually the process of enforcing the
agieement is a part of the agieement
Itself, tj The constitution contains no
provision to turn a man out becnuse he
violates an agreement, does It? A. Not
specifically, but it does confer power on
its officers to exercise supervision under
It q. To decide disputes ns to Its mean
ing? A. Yes, sir.
q. Now vou remember the Indianapolis
convent Ion Sif July 18. 1002?
A. Yes, sli,
q. That was called ror the puipose of
deletmlnlng whether there should be a
national suspension ot coal mining, was
It not?
A. Yes. sir.
q. And It had the power to consider
that?
A. It had the power to consider It; yes,
Ml.
q. And the bituminous mineis could at
any time order a strike in the anthra
cite region, although none of the nnthia
cll" mlneis wanted It, could thev not.'
A. Thev could not do so without vio
lating their agreements.
q. No. but I do not think ou catch
iiiv question 1 sav the bituminous
miners could older a strike in the an
thracite legions, although the untluaclte
people did, not want it?
A No. sli.
Q Whv not''
A. Oh, no, A convention of bituminous
men could not order n strike or antlna
clte men.
q. I am asking about the national con
vention. A. A national convention would lune
authoiltv to dcteimine that theie should
be a national stilke.
'). Yes
A. But they i ould not do that wheie
they had asieements
q Although the anthiaclte people weie
opposed to It, the bituminous people
might enfoice it?
A. Thev could not make a mun go and
stilke. (Laughter.)
At this juncture lecess was tnken foi
luncheon.
The cioss-exaniinatlon of Jit. Mitch
ell was lesunied at L'.IO without any
thing Intel venlng.
By Mi. Wilcox:
q. Taking up (or a moment what we
weie at when the commission took a le
cess, do ou lemember publishing a state
ment of tills chaiacter on or about May
1C, 190.', in tefeienee to the Indianapolis
convention, refeulng to the pioceedlngs
of the llazleton convention of May to
which vou testified at this njornlng's ses
sion; that the convention dliected the na
tional offlceis to call for a national con
vention of all miners emplojed In the
United States for the put pose ot consider.
Ing the situation in the nnthiarlte fields,
(Heading) "It the eleslie of the anthia
clte mlneis Is sustained a national sus
pension ot coal mlneis will be Innugiuat
ed." That was sinned by )ouiself. Do
you lemeinbei Hint? A. T lecall the state
ment substantially as you lead It; I can
not say that Is the language of my state
ment. q. That Is substantially the language;
A. That Is a newspaper statement, I be
lieve, q, i lead that fioni the 8c I an ton
Tilbune, A. Ves, It may be exactly cor
icot. I do not lecall the exact language.
T hnd a copy ot It, however, q, It pur
poits to be signed by ou? A. As I say,
It may be collect; I urn not sine of it. q.
As 1 nndeistand It, the woikeis In tho
bituminous Held aie under conduct.' A.
Yes, sli, q, And ou say those contiacts
nio supeilor to the constitution? A. Yes,
sir, q. How, then, could that convention
have consldeied the question of Innugui
ntlng a national suspension A. It did
not inaugiiiate a national suspension Q
I'xcuso inc until I finish my question,
(Continuing), If the majority of tho
membeis wete under contiact and t lie
loutiacts prevail ovei tho constitution
how could it consider the question at all?
A, It did not consider It, because by u
unanimous vote It decided thev would not
Inaugurate a national suspension, Q. Hut
our call sajslt Is going to consldei It f A.
It has a limit to meet under oui law foi
the pmposu of consldei lug; hut under our
ngieements they could not cull n national
suspension, and they did not do It foi
that lenson.
q. It was called, then, nieiely for the
purpose ut consldoilut' that It could not
call a national suspension? A, It was
called for the purpose nt consldei lug the
application of the anthiaclte coal mlneis
that a sympathetic sttike be tnaugmated
u the bituminous coal fields. The con
vention, bv unanimous vote, decided that
they would not inauguiato a sympathetic
stilke, the anthracite mlneis' delegates,
voting with the bituminous iniueta hi op
position to that policy
q. My point Is this, thut heie was a
convention, which nuclei juur statement
was culled for the purpose ot constdluis
the question of a national suspension, and
ou now sny that thay had no power to
decide In fuvoi ot such a suspension,
A, No, not under our agieements with
the tout opeiatois.
q. What was the object lit culling tho
convention, why did you not tell them at
the llazleton convention that the national
convention would have no such power
A. I had my own leusona for not tellug
them. They knew It. The real put pose ot
the national convention was cairled und
fifteen hundred thousand dollars was got
ten fiom them to help sustain these uu
thractto men whllo they wcro on the
strike.
Q. Hut that put pose Is not stated In the
rail at nil? A, The purposes of tho conven
tion was to consider the advisability ot
the strike of the autluaclto miners,
among other things, the wish ot tho nit
thtneite men to have It extended Into
other fields, and that was not Its only put
pose. q. AVhen :ou spoke nt the opening of
the Indianapolis convention, did you not
speak ot It as a convention called for the
purpose of consldei lug the suspension of
work?
A. Yes, sir.
q. The nuthrnrllo districts, as I under
stand, have- onlv three rcpiesontnllves,
out of it total of fourteen, on tie na
tlonnl board?
A, They have onlv three representatives
on the nntlonnl executive board.
q. And how many are there on the
board?
A. Twenty-one altogether, Including the
national olllcers themselves.
Q. Let me call your attention again to
this provision ot the constitution, Artlclo
10, section 4, which was rend befote tho
recess: "The national officers shall nt
anv time they deem It to the best Inlel
ests of mine workers In a district that
is Idlo for lust and sudlclent reasons, or
der a suspension In other districts, or
districts that would In nnv wav Impede
the interests ot the district affected. '
Now, suppose that there was n strlko in
the AVcstern Pcnnsvlvnnla bituminous
district, and It should turn out to be tho
fnet that the anthracite, coal was going
there, could not the uuttunal olllcers .or
der n strike In the anthracite, districts.
A. No, they could not. The purpose of
that law con only be understood bv ex
plaining whnt It was Intended to do. I
might moie cleat ly lllusliato what would
be dono under those circumstances by
leading ftnm out agreements. I'dr In
stance, this Is In substance the sumo
agieement that we hnve In every dis
trict; It Is the Illinois agieeineut. T will
lead from this: "This contract Is In no
case) to be set aside because of any nilcs
of tho United Mine Workers of Ameiica
now In force, or which shall here'after be
adopted; nor Is this conttnot to be set
alde bv leason of nnv piovislon of their
national, state or 'local constitutions "
The provision vou hnve lefeience to, Mr.
Wlllcox, Is Intended to apply onlv to nn
emergency of this cliaractel thut if one
compunv opeiated mines In different dis
tricts and they were to attempt to de
pi ess wages In one dlsttiet while supplv
Ing their own conn nets and tiade fiom
another, then the oigaul.atlon claims the
light, In the absence of contracts, to ex
tend the strike Into the mines opeiated
bv that company regaidless of what dis
tilct those mines" are located In.
q. That does not seem to be the lan
guage ot the section. A. It m.iv appear
not; but I am explaining what the pur
pose ot he section Is q. The constitu
tion requires n good denl of consti uctlon,
dons it not? A. That is true of everv con
stitution. Rven the constitution of the
United States, q. Wete theie anv con
tiacts in existence at the time this con
stitution was adopted. A. Yes. sir. q.
Which ones.' A. This constitution that
you have leference to now was levlsed
In the vear mi last .Tumi at v. Tlieio
hnve been some changes made in out
law at each annual convention. At the
lime the oiganizatlon was origin illy
foimed, there weie no contiacts that I
know of. q. That Is, when the consti
tution was first adopted, ot course? A.
Yes, sir: but I am not sine that the
constitution is at all similar now to
what it was then I do not know nbout
that. q. Do jou know wheihci there lias
been anv change in that paitlcuhir sec
tion. A I do not. q. Theie has not been
any that vou recall-' A. I don't know
anv thing of it, because I was not a dele
Kate at the eaily conventions.
At this point Mr. Wilcox lend the ex
cel pts ft om Mr. Mitchell's testimony
befoie the Industihil commission, ie
tetied tu above.
following this, Mr. Mitchell was
asked if he hud nguied out how much
the gi anting of the demands of the
Hnzlelou convention In 1000 would In
nease the cost ot mining. He leplled
that he tindei.stood It would be about M
per cent.
"Would It Kinpiise oit, it vou weie
told the Inc lease In cost nt laboi nlone
would be 70 pel cent?" Mi. Wilcox
asked ,
Mr. Mitchell said he had not dune the
ilgiulhg. That woik was done by a
committee of the iinthiutlte mlneis. He
admitted the stilke was settled upon
the gianting of a hoilzontal lnciease ot
10 per cent. In wages.
Then the examination proceeded, as
follows:
q Now, whit methods weie adopted
foi the puipose of Retting the men out in
that stilke, ns jou had only cltht thou
sand when It began?
A. The offlceis of tho oiganizatlon and
tho mine workeis who weie eniploved
held meetings and asked the men lo come
out. Thev weie notified thiough thu
newspapeis that a ceitalu duv was set tor
the stilke, as decided by tin If i onvention,
and thev came out on stilke In ne uidiiuie
with that notice.
q. Weie theie not vatious man lies
ni omul? A. Yes, in some pails, the men
weie nut mulching, und held met tings
with men at other places q. And jou
went mound nnd made speeches vuiiisnlf .'
A. I held thiee or lour meetings dining
the entlte stilke. Q, I believe It Is n mnt
ter of hlstoiy that jou held two of them
nt the Maikle opeiatlon, Is It not? A.
Yes. sir; I held two meting in that pait
of the leRlon, ono 1 believe at the Maikle
piopeitj-.
q. You made a stutement in legaid to
the number of men now eniolled. I do
not know whether I caught that, coitectly.
Will you 1nst lepeat It? A. 1 said that
theie weie nppiolmately 110,000 or 110,000
of the anthiaclte men In the oiganizatlon,
q. Can you state how manv of them aio
under age, mlnnis, minor chlldien? A. 1
undeistnlnd that tlieio aie emplojed in
the anthracite mines about 21,000 peisons
under 21 jenis of age, q, Do they be
long to unions? A. Yes, sli; most of them
do. W have a sepetate branch for bojs
under in to belong to, so that they will
not have contiol of our meetings, a Juve
nile hianch. q. Over It! yeais of nge,
thev have a right to vote, have thev not j
A, Ves, bli. q, And under 10, a half a
vote? A, Yes, sir,
q, Can j-ou state how mnnv ot the iiieni
beis inn mlneis and how many Inhalers;
A, Tlieio nie somo 37,000 mlneis mid .'0,000
Illinois' laboieis
q. How nro votes oidlnailly taken In
the locals? A Oidlnailly bv u show ot
hands oi a j'ea and nay vole, q, Some
times bv telleis, I suppose? A, They may
be That I do not know. Wo have no es
tablished inle, They cue petmittcd to
vote as the) decide themselves,
q, Do these demands that you aie mak
ing now contemplate any lnciease to tho
mlneis' laboieis? A. Yes, an Incieaso ot
20 per cent q. In their paj or a i educ
tion In tlieli bouts? A In their paj q.
And n leductlon of their houis, too? A,
Tho demand for n 20 per tent, Incitaso of
wages Is applicable to tho miner and his
laborer, Q. The question of horns for
the mlneis' laboieis then dues not eutei
Into this rotmoveisy? A, Tho inluei's
laborer would necessailly stop at elgh,t
hours if the lnenkcr stopped and tho mine
slopped, q That Is tho wnv you leach
It? A. That Is what we think will be
tho icsiilt of It. We have not said how
long the miner or Ills luhoicr shall woik,
however, except that If nn eight-hour
agieement weie m.ida, then they would
each hnvo to woik eight horns
q. Of the ptesent eniollment have ou
stated how many uio uuthiucito and how
many bituminous, or can Jou state? A
I say that the paid-up membeishlp of tho
organization la appioxlmately 20,000, on
tho only lecoid which we havo, of which
number 110,000 or UO.OOO would now be au
tluaclto mine woikeis. Q. But at the
Wllkes-Buiie convention, tho last conven
tion, you voted on a basis of 80,300 mem
bers In good btaudlng. did jou not; A. I
do not know that wo had any way of de
termining what the membeishlp In good
staniijiig was. The vote was taken on the
membeishlp us shown by our books pilot
to the stilke. Owing to thu fact that
theie was a strike, due were not paid to
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the distilct oifiimlattons, or to the local
union, und eonspquentlv theie was no
lecoid In the distilct of the lnciease in
membership
Q. "c. "What methods do ou utlopt to
ptment intcrteience of non-union men
wheie union nnd non-union me aie work
Inp in the same opeiatlon.' A. Well, or
dinarllv, in the bituminous fields all the
mine, woikeis in the states where thej
have oonliaits ne membeis of the oi
(.uni.tlioii In p.tlts ot C'eutial I'win
slunlu. Western I"eniis hiini i, thej
me not. Tin woik tOKethei in li.ii-liionj-.
Theie Is no dit11cult between
tliPin The oiit.iiiliitloii tiles bv persua
sion to hae the nou-unlonlsts come into
the oiKiilllzatlon. In the anthiaclte llelds
they woik the same wav. Q. Theie Is
no definite method of pic-entiui; Intel
feieneeV A. Nothing has heen done on
that fciihjcct piillcillatly-. A Theie Is
reiiemllv no Intel ferenee and consequent
ly no neccssltj ot liming laws to present
it. Q. Now, jou know tlieio huie hi en
a Mioil mnn lesolutlons on that subject
in the nntlitiielte legion, do ou not. A.
Yes, I krow theie hue been ieoliitlons
adopted In the untluaclte Held Q. Let
me read ou a. few. I lead whit pui
poits to lie mi exlmet fiom the piocee'd
Ings nl ti convention of Distilct No ,
l'nited Mine Woikeis of America, .Ian
univ Hth, l"th and Kith, TKt, at Kdwaids
llle l.u.cuie couiitj-, Pennsv lwitiitt. It
tends us follows: "Hegularlv moved und
seconded, that it becomes coiiipulsoiy on
the men of any mine emplojed In and
niounl the mlne, lo become a member
of the United Mine Workers of Amen lea.
Can led."
Q. IIae jou any knowledge about that.
A I have no Knowledge of It: 1 vns not
at the convention. Q. Yim huv,. heard
of It, have ou not? A I have not nenrd
specially of that leMilutlon. 1 havo
hrnicl ot v.ulous t evolutions of that
chuiaete I,
Q. What action have jou taken about
them; unjlhlug? A. They were nevei en
forced that I ever know of. They weie
past-ed for the puipose of preventing the
companies from dlschatglng men betnuso
they belonged to the union. The com
panies had nt vuilous places adopted a
polley of opposition to the uigunUatiou,
nnd the membeis of the oignnlzntlou,
feaiing that they would all be dlsciiniged
or dtlven flout, the union, adopted retio
liitlons of that ihniaeler to protect
IhenihClves.
Q. With the Idea that If thoy adopted
u lesolutlou of that kind tho companies
A That the companies would cease their
hostility to the men that belonged to (he
union tor belonging to It, Q, l"nr the
ie.if.on that they would think thut If
they dl'-chnrged nnv union men theie
would bo a sltlhiO Or how wns it to
woik? A. It wus pimply Intended to glvo
llm men tho light to pioteet theimelvea
against illschatge on .iceount of mem
heishlp in the union At least, that Is
my iufoi motion fiom thohu who are
nuiio fiiinllhir with It thuii I am Q.
That Is, by making ever.vliody join tho
unlun? A. I do not think thej ever did
do that Q. That was the puipose nt
tlieli i evolution, wus It not' A It was
the hope that It would Induce everjbody
to come Into It, but pilinuilly foi tho
puipose of pioteetlug the men who weiu
In It. Q. Insisting upon eveiyhody eleo
Joining if, that waa It, was It not? A.
Tho lesolutlon, of couibe, speaks for It
helf As for Its puipose, I have tiled to
explain that ns I uiideiHtaiiil It.
Q. Now, let nie call jou attention to
tho proceedings of tho Bhniiiokln con
vention, M.uch IS to 21, ino.': ''I'roeeed
lugs of the joint convention of Pistihts
No I, 7 and 9. of the l'lilted Mine Woik
eis of Ameilcu, March IS lo 21, 1D0.', aha
inukln, retilifSlMinlu." You weio ut that
convention, weie, jou not, ami piesldedv
Q (Ueadln,'). "Itesolutlon No 7 To the
olllteiH and delegates of the convention,
assembled: III others Having fiom past
expei leiico piotd that the notices posted
by tho opeiatois ut the dlffeient col
IIciIch nio only a liluff, and that the
opeiuicis have not lived up to the spirit
of btich notices In settling local dlffci
ences with the committees chosen to set
tie suth ellffereneesj theiefoie, bo it ie
fcolved. that wo demand iccoguitlou of
tho union as, the only means of adjusting
such gilevuuets. 't'ho committee (on ic-t-oluilimt)
concuu In the ubove lesolu
tlon. Moved wo cone ui In the report of
tho committee. Motion can led. Itesolu
tlon signed bj James, Wulters, I'lesldent;
Yvlllluni Cook, secrctpiy. Local No. S93."
Svus that passed by tho Shamokln con
vention A. I du not remember, It It
was, the minutes will show lt( If you are
IT'S KIDNEY TROUBLE !
Com , Q. A. It,, Custer Post.
leading the minutes. I do not know
whet hot It was or not.
Q f.et me Jk jou about this, lesolu
tlon: "Resolution No. 9. To otllters nnd
delegates in convention assembled.
Brothers Wheieas, we, the mlneis in the
vicinity of Nantleoke. having bv past ex
perience pi oven that the woiklng caid
or button Is, -veiv Utile benefit to us In
Its piesent mode or woiklng, theie he it
M-olvcd, that the l. M. Y. of A. ut any
eollleiy wheie miploves iefuse to be
come "menibeM of oui oiganizatlon and
wear the woiklng button, the local gov
erning siieh colllerv. after using all such
persuasive nieoMites to get such em-ploj-es
to Join, and tailing In such, have
full power to suspend epetallons at such
collleiv until such emploves become
inemlwn of our otgnnizailou." Do jou
lecall that lesolutlon .'
A. I leeull that lesolutlon, und my le
eollcctlou Is that such resolution was
adopted, but I -would not be sine without
it foiling to the minutes of tho conven
tion Q Will jou pioduee those minutes.' A.
I shall look them up, sh ; eeitnlnlj-. Q.
Can jou pi dilute the otlginnl constitu
tion of the I'nlled Mine Woikeis, and
at v changes which have been made? A.
I shall tiv to -eeuie It. I hive not got
It here. If I have It. It Is ut Indiana
polis, Q. .Mr. Mitchell, dining the last stilke,
theie was tonsiileinble violence ill the le
gion, was iheio not.'
A. Tin. e was, some violence. To what
extent, I nm not fully iiifoimeel.
Heie Mr. Willeox leud the pioelatuu
tion of Oovemor Stone, ot October C,
vv hen the whole div talon of the National
Kiiiuil wus called out. In which It is
cleelaiecl that mob law lelgned; that
tialus weie being held up, men killed
and ussaiilted, etc.
Mr. Mitchell was asked if he had
tend thnt pioehiinatliiii. He answered
In the aflltinntive.
Q. In jour lotter to the piesldent, of
October Ihth hist, ou stuted that tlieio
have been a few ci lines and a number
it nilsdemeanois ihuigenble to those on
.stilke.- Yon tec-all Unit, do you not? A.
Yes, sit. Q. Has anjihiug ever been done
to discipline these people? A. I nndei
stand that wheie the mlneis weie guilty
of lawlessness, they have been ai rested
mid ate under Indictment. Q. 1 mean, ot
eoutse, has anj thing been dono by your
oiganizatlon? A. We have no means ot
punishing a mail who hus commuted a,
c.lnie, except by expulsion fiom the
union AVe have no lecoid that any man
that lias been attested Is a member ot the
l'nited Mine Woikeis of Ameiica, Q.
What did ou mean, then, bysajlng thut
theie hud been ct lines ill id iiiisdemcauois
iluugeuhle to those on stliUef A Ue
enuse nny amount ot iioii-imlnu men weie
cm stilke. Q. You think it wus the non
union men who got up this state of uf
falis' A I do not know 1 think my
Iufoi motion Is that it was nut nienibeis
of our union, Q What methods have jou
taken to liiqulie Into tho subject? A The
examination of our books, u to auj seil
ouh climes that hnvu been committed,
lulls to show Unit thev weto committed
bv membeis of the union Q, You huvo
not found a single one who was a member
of the union? A, 1 havo not Investigated
all those ch.iiged with ci lines. Theie
huve been veiy few striken s at tested for
seilous offenses A laige number or them
have been ai tested for mlnoi offeuses.biith
as picketing, or alleged hovcotttug but
polio of them huve been convicted of law
lessness Q You huve not done mo
ttling about that, then? A We take the
position that thu courts mo tho ptupui
persons to detcimliie the Innocence or
guilt of a. pel son ui tested, and that until
the courts have detei mined that, we huvo
no light to pioceed against them Vie
liave III eveiy vvuy possible eadeu voted to
lestiuln oui men fiom committing aits
ot violence Q nut theie nie no Miles of
the association on the subject, nu suj .'
A Out oiganizatlon has no niles govern
ing It, because few ot oui membeis ever
commit crime.
Q, On this question of violence, genei
allj', 1 would like to usk whelhei jou ap
pioved of thu methods puisued at the St.
Heiuuid eollleiy. ut Iiviugton. KeutucUj',
nsiieportcd in the Wood cuse, 1U b'ederal
llypoitei I
fill-. Dai low-: Tell him what It Is thut
jou uio asking him about. Ho may uot
be familiar with that ease.
Mi. Wileox: Ho can say so If he Is not.
Mi. Mitchell: I do not ice all the con
ditions picvulllng In Hopkins county, Ken
V. mJ j&zS&M III If In Will fir
- ""aa" ,-",Ba72ld'','
tucky, any more thun that I know somo
of our people weie nirested there and
somo were killed by the employes of tho
eompanv. I do not know ot any lawless
ness committed bv slilkeis or union men.
By Mr. Wilcox:
Q The lepoit of tho case states that
theie weie camps maintained down tlieio
for some little time.' A. Tho stilkets who
weie tin own out of the company's hoiiseN
because thej' weie on stilke, weto main
tained bv the union. We hlied grounds
and bought them somo touts and kept
them that wav until the coal companies,
thiough piocess of law, had our tents
taken fiom us and our people thiown into
jail
C Do jou know tho case ot the Uniteil
Stutes vs Weber, In ill Kcdeial Repoitet?
A. Yen, Mi; 1 know something of it.
Q. Tho eae which was decided by
Judges Sliuoiitoii and McDowell.' A. I
know In a genei.tl way of tho ease.
Q. Did vou uppiove of what was dono
in that case.'
Mi. Danow: I object to that question.
Mi. Mitchell: Ot what was dono by
Juelge McDowell?
Mr. Wilcox-: No
Mr. Mitchell: I certalnlv did not.
Mr. Wilcox: i understand thaU but T
mean whit was done and laid befoie
Judgo McDowell for his action.
Mi. Mitchell: 1 uudcistaud.
Mr. Danow: Just a minute. If coun
ht I wants to ask him whether ho wnitlel
appiovu of such and sueh a fact, that
would be nil light, but what ts piiutcd In
a book the witness mav not know I elo
not know. The commission may not
know. Jt does not stem to me full" to the
witness or to thtovv any light on the con-tiovotsj-.
The Chalimau: Mr. Mitchell seems lei
be veiy compete nt to take cam of him
self. I take it for ci.inted that when lin
siijs he Is familiar with thu case ho
means that he uiuleistunds .something of
tho tucts upon which tho case is foundeel.
If that Is not so, Mr. Mitchell, of coui.se,
jou need not nnswer or (I will put It thH
way) we will not exject jou to answer tho
question
Mr. Danow: It jou will Indulge nie for
a moment, to bo lumlllni with a caso fiont
a lavvjei's standpoint und from a laj'
man'H standpoint, nto very dlffeient prop
ositions. It tho witness tindeistnnds, Ic
Is all light.
The Chad mini: Ho can state. If he H
familiar witli the tacts out of which thnC
ease tame, nnd If he Is, lies will bo vvilllnfr
fo answer tho question, no doubt. If Iioj
Is pot, we will not espert him to do so.
Mi. Danow: 'I he lepoit of tho case In
the books, us vou und T lead It, might
not be ns tlie witness iindeiutaudH It, than
Is all.
The Chad man: Ceitulnlj. - -
Mr. AVIlt'ox1 You cun exnmlno tho wit
ness again when the tlmo cornea.
The Cluiltmuir Of touist, gentlemen,
jou will nuclei stand that wo uio supposed
to extend lite gieutest llbeiallty hi tho
pieseutntloii of ' te.sllmonj und III tho
e loss-eNiimlnntion of witnesses Counsel
themselves will have to piescilbo mgolv
the limitations to both, because wo must
tiust to their good inlth and to their
knowledge of tluo eiuestlons In the, pin
seutatlon of tlieli cases The witness now"
on the stand does not icqulio any spe
cial piotectlou, nnd If jou will make plait
to him exuctlv what vou mean, I havo no
doubt vou will get nn nnswer I um not
funUllar with that case, but Mr. Mllthcll
piobahly Is, und It ho Ih familiar with tho
facts, hu will glvo jou an ntiswei, I think
the question Is a pioper one.
Air. D.irrow I would pot pbieoj. tt 1;
the onlv thing Is to have It tii!deist,nod.
The Clmlimair I thought wo might
save limn: wo aie tiavcling n good ways
outside of the lecoid ''
Mr Wlllcox: Wheio do you Maud on
that?
'Hie Witness: I might suv that 1 havo
a tecoiel of a Inter or that case, al
though r havo not luul opportunity- U
lead It I undeistuiid that Mr, Weber
und Mr, I'addle worn se-nt to prison for
violating the lestialnlug older Issued by
Judge Me Do well At any late, they weiei
bent lo Jail I uppealcd tho caso to thet
piesldent of the United States, who dl
iected the attorney genetul to mako ten
Investigation. Jusi us miou as uio inves
tigation could be mudo, the pteshlout
paidoned those who were convicted.
Mi. Danow. I vvlthdiaw my objection,
U Mr. Wlllcox: Q. That does not
state whether you appiovo of what hap
pened in that case. A. I understand thut
they veto ustialned fiom holding publlq
(Continued on l'ugu S)
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