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32 THE COAL TRADE BULLETIN.
of this agreement to abridge the rights of the employer
in either of these respects. If, however.
any employe shall be suspended or discharged by
the company, and it is claimed that an injustice
has been done him, an investigation shall be conducted,
as provided in Section 22, and if it is determined
that an injustice has been done, the operator
agrees to reinstate said employe and pay him
full compensation for the time he has been suspended
and out of employment, provided if no
decision shall be reached within five days the
case shall be considered closed, in so far as compensation
is concerned.
In all such cases the other employes must continue
to work, pending an investigation and adjustment
until a final decision is reached.
Section 24. The erection of head frames, tipples,
houses, buildings, scales, machinery, railroad
switches, etc., necessary for the completion of a
plant to hoist coal, all being in the nature of construction
work, are to be excluded from the jurisdiction
of the U. M. W. of A. Extensive repairs
to, or rebuilding the same class of work, shall also
be included in the same exception. The employes
therein to be excluded as above when on such work
only.
Section 25. This agreement constitutes the only
agreement between the miners and operators in
this district, and there shall be no demands made
locally that conflict with this agreement. Local
conditions at any mine not covered by this agreement
shall be adjusted locally subject to Section
22.
This contract goes into effect April 1, 1905, and
continues in force until March 31, 1906.
In witness whereof, we have hereunto subscribed
our names, this, the 24th day of March, 1905.
Western Kentucky Coal Operators' Association,
by I. P. Barnard, president; Fred P. Wright, vicepresident;
D. Stewart Miller, commissioner and
secretary.
District No. 23, U. M. W. of A., by C. W. Wells,
president; W. E. Hicks, vice-president; T. L. Lewis,
national vice-president; W. J. Campbell, M. N. E. B.
To Adopt New Mining System.
A new system of mining coal is proposed in
(he West Penn field of the Pennsylvania bituminous
region, which will greatly benefit the miners
as well as the operators. The mines of the West
Penn field have both the Freeport veins. There
is about one foot of slate separating the veins and
heretofore the miners have been required to mine
both coal and slate. New machinery will be installed
by which the slate will be taken out before
the coal is mined. In addition to saving a great
deal of extra work, it is said each miner will save
about 20 cents worth of powder a day.
PENNSYLVANIA JUDGE MAKES
A NEW RULING ON STRIKES.
An important and novel ruling was made in
Tioga county, Pa., by Judge David Cameron, in
disposing of the injunction proceedings brought
by the Morris Run Coal Co. against its former employes
who went on a strike several months ago.
The court held that strikers have the right to
maintain a system of pickets so long as they do
not use violence or threats. A permanent injunction
against the great body of the strikers was
refused but the petition of the company against
seven men alleged to have assaulted non-union
employes was granted. The ruling says:
"Persuasion, even supplemented by the use of
money, is not an interference with the exercise of
free will. A permanent injunction will not be
granted against a combination of persons whose
object it is to entice away workmen from their
employment.
"The defendants were employes of the plaintiff,"
says the court, "and the cause of the strike, on
April 1, 1904, was a difference between them on
account of a reduction of wages.
"They had the right to strike and to quit work
for any reason or for no reason. The law gives
them that right. It also gives to the men who
came to take their places the right to work on any
terms they saw fit to make. It is one of the indefeasible
rights of a mechanic or laborer in this
commonwealth to fix such value on his services as
he sees proper, and under the constitution there
is r.o power lodged anywhere to compel him to
work for less than he chooses to accept.
"But in this case the workmen went further.
They agreed that no one of them would work for
less than the demand; and, by all lawful means.
such as reasoning and persuasion, they would prevent
other workmen from working for less. Their
right to do this is also clear. The means used by
the defendants, with the exception of the two instances
where threats and assault were employed,
were peaceable and fair, and did not in any way
restrict the strike breakers in the free exercise of
the will. Even the offer or the payment of
money to induce them to quit left them free to
do as they pleased."
Judge Cameron was himself employed as a coal
miner prior to studying law.
The annual convention of the Northwestern Coal
Dealers' Association will be opened on June 27,
at Duluth, Minn. There are nearly 1,600 coal
yards represented in this organization and the
membership, it is believed, will be increased to
2,000 yards before the annual meeting is held. A
large attendance is anticipated at the convention
which will continue for three days.