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COAL - Clpdigital.org

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THE ALABAMA STRIKE SITUATION.<br />

The Alabama strike has been going on since<br />

July 1, 1904, and has involved tremendous expenditures<br />

and losses to both sides. T. L. Lewis, vicepresident<br />

of the United Mine Workers, explains<br />

the situation as follows:<br />

"Two years ago an arbitration board, after a<br />

thorough investigation of mining conditions,<br />

awarded to the mine workers of Alabama: An<br />

advance in wages, a semi-monthly pay-day, a ninehour<br />

day and a rule to prohibit boys under fourteen<br />

years of age from working in the mines.<br />

When the furnace operators of Alabama met the<br />

miners' representatives in joint convention in<br />

June, 1904, it was evident that those operators<br />

were determined to repudiate the award of the arbitration<br />

board. The operators insisted on a<br />

sweeping reduction in wages, a monthly pay-day,<br />

a ten-hour day, and what they term, the 'open<br />

shop' rule.<br />

"These were the questions at issue that brought<br />

on the strike now in existence at the Furnace<br />

mines of Alabama. Men have been evicted from<br />

their homes. Many men have been imported into<br />

Alabama to take the places of those who are idle.<br />

Injunctions have been issued against those on<br />

strike. Thousands of dollars have been spent by<br />

the United Mine Workers to assist the strikers.<br />

Tens of thousands of dollars have been spent by<br />

the operators to defeat their employes and whip<br />

them into submission. The struggle goes on.<br />

The miners of Alabama have made and are conducting<br />

a magnificent struggle against tremendous<br />

odds. The contest is in its second year, with no<br />

immediate prospects of a settlement.<br />

"The commercial operators of Alabama are<br />

operating their mines under the conditions of the<br />

award of the arbitration board rendered in 1903.<br />

Why not the furnace operators do likewise? There<br />

is in this country an <strong>org</strong>anization known as the<br />

National Civic Federation. One of its objects is<br />

to bring employers of labor and employes together<br />

to settle their differences. The Alabama mines<br />

involved in the present struggle in that state are<br />

owned by the U. S. Steel Corporation. Some men<br />

closely associated with the U. S. Steel Corporation<br />

are avowed advocates of the object of tne National<br />

Civic Federation. There is a splendid opportunity<br />

for the National Civic Federation to accomplish<br />

tangible results in Alabama."<br />

The Fairmont Coal Co., Fairmont, W. Va., has<br />

secured a government contract to supply 50,000<br />

tons of coal for the locomotives and other engines<br />

used in the construction of the Panama railroad<br />

and canal. The contract is to ue filled in six<br />

months.<br />

THE <strong>COAL</strong> TRADE BULLETIN. 29<br />

ATTORNEY GENERAL DENIES THAT<br />

UNION SUPPLY CO. RESTRAINS TRADE.<br />

Attorney General Hampton L. Carson of Pennsylvania<br />

has rendered an opinion denying a writ<br />

of quo warranto against the H. C. Frick Coke Co.,<br />

which is alleged to have been conducting a number<br />

of company stores in the bituminous coal<br />

regions in Southwestern Pennsylvania. The application<br />

was filed with the attorney general by<br />

two storekeepers in Fayette county last spring,<br />

and has since been pending. The attorney general<br />

says:<br />

It is clear that nothing but a plain prima facie<br />

case, based upon evidence, which, in the judgment<br />

of the attorney general, could be reasonably submitted<br />

to a court, would justify such drastic proceedings.<br />

I have examined with care the evidence<br />

submitted, and in my judgment there is<br />

insufficient testimony to support the allegations<br />

that the H. C. Frick Coke Co., or that the men<br />

who own and operate the H. C. Frick Coke Co.,<br />

are interested in, own and operate the Union<br />

Supply Co., which is a corporation for the purpose<br />

of conducting a general merchandise business,<br />

and which does operate stores. Nor is<br />

there, in my judgment, evidence that the employes<br />

of the H. C. Frick Coke Co. are compelled<br />

to patronize the said Union Supply Co., or that<br />

the employes of the H. C. Frick Coke Co. are unlawfully<br />

coerced to patronize the stores of said<br />

Union Supply Co. It is insufficient to rest a<br />

case on mere inferences from acts capable of<br />

other interpretations and which are met by positive<br />

denial.<br />

There must be substantial and positive testimony<br />

in support of each averment in order to<br />

justify an interference. The discretion of the<br />

attorney general must be exercised upon his own<br />

sense of official responsibility, and cannot be commanded<br />

as a pro forma matter upon the application<br />

merely of citizens. In the case of Cheetham<br />

et al. vs. McCormick, 178 P. S., 187, which defines<br />

the powers of the attorney general in somewhat<br />

similar proceeding under the act of May<br />

7, 1887 (P. L. 94). it was held by the supreme<br />

court that the attorney general had a right to<br />

exercise a discretion in the matter and was not<br />

a mere automaton. Besides this the remedy<br />

sought in this application is to redress individual<br />

and public wrongs, for which there would<br />

appear to be adequate remedy. There is no interest<br />

of the commonwealth involved. For these<br />

reasons the application is refused.<br />

The J. R. Crowe Coal Co., of Pittsburg, Kas.,<br />

has purchased a tract of 115 acres of coal land at<br />

Coalvale, Kas., from the B. S. Abbott Coal Co.

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