Sir: The Delaware and Hudson Company was incorporated by an act of the legislature of the State of New York, passed April 23, 1823. Its principal object, as stated in the act of incorporation, was to furnish to the State of New York a supply of coal found in the State of Pennsylvania. By various acts of the legislature of the State of Pennsylvania it is authorized to hold real estate and generally to conduct its business in that State. It is the owner of large coal properties in Pennsylvania, together with a considerable system of railroads extending from the coal regions of Pennsylvania into the States of New York and Vermont, and is engaged in the business of producing anthracite coal in Pennsylvania and shipping the same over said roads into said other States. Its business is therefore, for the most part, of an interstate character. In order to preserve its mines from injury by water and gas, it is necessary to keep in operation pumps and other machinery, a stoppage of which would cause serious damage to the property

The association known as the United Mine Workers of America is an association composed of a large number of miners and laborers engaged throughout the country in mining anthracite and bituminous coal and employed by the owners of said mines. This association has its headquarters in the State of Indiana, and exists also in the State of Pennsylvania and in the localities where are situated the collieries of this company. Its general purpose is to dictate all the terms of the contract of employment between producers and employees engaged in mining, preparing and shipping all the bituminous and anthracite coal of the country, and to enforce its orders and directions by whatever means may be most effectual, including strikes, not confined to its own members alone, but in which are compelled to join, as far. possible, all other persons similarly employed. Its violent methods have already received the condemnation of the circuit court of the United States. (Reinecke Company v. Wood, 112 Fed. Rep., 478.)

During last spring, as the result of various conventions and committee meetings, the association made certain demands upon the producers of anthracite coal. These reduced themselves to a demand that the hours of labor be diminished from ten hours to eight without change in the rate of wages. The result, of course, would be that each individual worker would receive no greater aggregate wages, but that the expense of producing coal would be increased about 20 per cent. This eliminated any claim that the present wages


are insufficient, because, if the demands of the Mine Workers were granted, the amount earned by the individual would be no greater than it if now; the difference would be merely that it would take him two hours less to earn it. In the case of the miners themselves, I should say in passing, there would be no advantage, because they already work not more than six hours. As to them, there was a demand that the prices of their contract work should be increased 20 per cent, so as to enable them to reduce the hours of labor of their helpers from ten to eight without expense to the miners themselves. So that, as I have said, the matter comes down to a demand that the hours of labor should be reduced without any increase in the wages of the individual, but with the effect of an addition of about 20 per cent to the cost of production, or not less than $10,000,000 in the aggregate, and more than the aggregate dividends paid by all the anthracite coal companies. This would have consumed all the profits of the producers unless it should be covered by a large advance in the price of coal. The producers felt themselves unable to comply with such demands.

Accordingly, the United Mine Workers upon May 8, 1902, promulgated an order that all workmen, with the exception of engineers, firemen, and pumpmen at the collieries of this company, cease and desist from work from and after May 12, 1902. It thus recognized that the engineers, firemen, and pumpmen were engaged merely in the preservation of the property. Thereafter, failing to secure concession of the demands above stated, it ordered a simultaneous cessation of work on the part of all said engineers, firemen, and pumpmen. The manifest object of the latter movement was merely to coerce this company into complying with the demands already made through fear of injury and destruction of its property engaged in its interstate business as above stated.

These facts show that the United Mine Workers association and all of its members constitute a combination or conspiracy in restraint of trade and commerce among the several States, and also an attempt to monopolize the labor necessary in supplying coal found in one State to the markets of other States, and thus to monopolize this part of the commerce among the several States. The action already had by said United Mine Workers has greatly injured this company's interstate business, as above stated, and said association is in great part monopolizing the labor necessary in carrying on the same. The courts have already many times held that such a combination is unlawful within the act of Congress of July 2, 1890, passed for the purpose of preyenting restraints of interstate commerce and known as the Sherman Act. (U. S. v. Council, 54 Fed. Rep., 994; 157 Fed. Rep., 85; Thomas v. Cincinnati Co., 62 Fed. Rep., 802, 803; U. S. v. Agler, 62 Fed. Rep., 824; U. S. v. Elliot, 62 Fed. Rep., 801; 64 Fed. Rep., 27; Arthur v. Oakes, 63 Fed. Rep., 310; In re Debs, 64 Fed. Rep., 724; affd. 158 U. S. 564, 600; U. S. v. Trans-Missouri Assn., 166 U. S. 280, 343, 356.) In addition, it is reported that efforts are in progress to induce those who are engaged in interstate railroad service to simultaneously abandon their employment for the purpose of aiding the demands of the United Mine Workers by crippling such commerce. Such action would bring the case exactly within the decision of the United States Supreme Court, in the case which led to the imprisonment of Mr. Debs (158 U. S., 564), and would clearly be unlawful.

Inasmuch as the newspapers have reported that some sort of application has been made for interference on the part of the national authorities, I write to call your attention to these facts and to submit the same for your consideration. Very respectfully





Whereas a contract between the operators of the competitive coal fields of Pennsylvania, Ohio, Indiana and Illinois and the United Mine Workers of America, has been entered into at the city of Indianapolis, Ind., February 8, 1902, by which the present scale of prices at the basic points, as fixed by the agreement made in Indianapolis, Ind., February 2, 1900, is continued in force and effect for one year from April 1, 1902, to March 31, 1903, inclusive; and,

Whereas this contract fixes the pick-mining price of bituminous mine-run coal at Danville, at 49 cents per ton of 2,000 pounds: Therefore, be it

Resolved, That the prices for pick-mined coal throughout the State for one year beginning April 1, 1902, shall be as follows:



Streator, Cardiff, Clarke City, and associated mines, including Toluca thick

$0.58 Third vein and associated mines, including 24 inches of brushing.

. 76 Wilmington and associated mines, including Cardiff long wall and Bloomington thin vein, including brushing..

.81 Bloomington thick vein....

.71 Pontiac, including 24 inches of brushing

.81 Pontiac top vein...

.58 Marseilles

1.09 (Rate at Marseilles to continue until September 1, 1902, at which time the

conditions are to be investigated by President Russell and Commissioner Justi, and if conditions are changed as now contemplated an equitable adjustment shall be made.)

Morris and Seneca (referred to a committee composed of Commissioner Justi

and two operators and President Russell and two miners to fix mining prices, which shall become a part of this contract; the same to be consid

ered before May 1, 1902). Clarke City lower seam, brushing in coal..



Danville, Westville, Grape Creek, and associated mines in Vermilion County.

. 49


Springfield and associated mines.
Lincoln and Niantic..

. 497 .53 .53



Mines on Chicago and Alton south of Springfield, to and including Carlin

ville; including Taylorville, Pana, Litchfield, Hillsboro, Witt (Paisley),

Divernon, and Pawnee..
Assumption long wall, under present regulations
Moweaqua room and pillar....
Mount Pulaski room and pillar.
Decatur, present conditions.

.651 .53 .66 .64


Glen Carbon, Belleville, and associated mines, to and including Pinckney

ville, Willisville, and Nashville.... Coal 5 feet and under..

. 49 .54


Du Quoin, Odin, Sandoval, Centralia, and associated mines.
Salem and Kinmundy

. 45 .50



. 45

Mount Vernon.
Jackson County.
(All coal 5 feet and under, 5 cents extra per ton; this not to apply to lower

bench, nor rolls or horsebacks.)
Lower bench, Jackson County, for shipping mines, miners to carry 14 inches

Saline County.
Williamson County..
Gallatin County (price to be determined by Thomas Jeremiah and Commis-

sioner Justi and become a part of this contract).

.58 . 45 .52


Fulton and Peoria counties, thin or lower vein (third vein conditions)
Fulton and Peoria counties, No. 5 vein......
Astoria, No. 5 vein (Fulton and Peoria counties' conditions)

.76 .56 .56

Pekin (price of 60 cents per ton continued under provisions similar to those in

State agreement for year ending April 1, 1902, viz.: Price of 60 cents per ton, with Fulton and Peoria counties' conditions to be in force for 90 days from April 1, 1902, during which time a record is to be kept to determine cost of removing dirt, etc. Should this rate be found to work a hardship, it shall be readjusted; if it transpires that it is equitable it shall continue during the life of this agreement. It is understood that the Pekin operators and delegates will determine by what method the readjustment shall

be considered). Fulton and Peoria counties, No. 6 vein (referred to a committee composed of

Commissioner Justi and two operators and President Russell and two miners to fix a mining price which shall become a part of this contract; the present rate of 59 cents per ton to continue in force pending adjustment by

said committee. The same to be considered before May 1, 1902). Gilchrist, Wanlock, Cable, Sherrard, and Silvis mines, 60 cents per ton with last

year's conditions. In case of deficient work, where miner and mine manager can not agree as to compensation, the mine committee shall be called in; and, if they can not agree, the dispute shall be carried up under the

thirteenth clause of the present scale. Kewanee and Etherley Pottstown, No. 1 seam, scale to be the same as Gilchrist and Wanlock, except

in the brushing of the top, that shall be settled by the subdistrict.



Mount Olive, Staunton, Gillespie, Clyde, Sorento, and Coffeen, and mines on

the Vandalia line as far east as and including Smithboro, and on the B. & 0.

S. W. as far east as Breese.. Coal 5 feet and under...

. 49 .54

First. The Indianapolis convention, having adopted the mining and underground day-labor scale in effect April 1, 1900, as the scale for the year beginning April 1, 1902, no changes or conditions shall be imposed in the Illinois scale for the coming year, that increase the cost of production of coal in any district in the State, except as may be provided.

Second. No scale of wages shall be made by the United Mine Workers for mine manager, mine manager's assistant, top foreman, company weighman, boss drivers, night boss, head machinist, head boilermaker, head carpenter, night watchman, hoisting engineers. It being understood that “assistant” shall apply to such as are authorized to act in that capacity only. The authority to hire and discharge shall be vested in the mine manager, top foreman, and boss driver. It is further understood and agreed that the night watchman shall be exempt when employed in that capacity only.

Third. Any operator paying the scale rate of mining and day labor under this agreement, shall at all times be at liberty to load any railroad cars whatever, regardless of their ownership, with coal, and sell and deliver such coal in any market and to any person, firm, or corporation that he may desire.

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