unchallenged. I give you the facts, and ask that you print this statement with
your proceedings and so far as possible that it be given the same publicity as the
other statements to which I refer.
Respectfully yours,

Brigadier General, National Guard U. S.,

Commanding 62nd Infantry Brigade.


JANUARY 25, 1937. Brigadier-General John C. PERSONS,

62nd Infantry Briga:le, National Guard, Birmingham, Alabama. MY DEAR GENERAL: I acknowledge with thanks your letter of January 21, 1937, to this committee, which has been referred to me.

We thank you very much for the information you have given us and it would be of value to the committee if you could supply the following information in addition:

.(1). A list of the officers and their occupations of the National Guard of the Birmingham District for the years 1933, 1934, 1935 and 1936. (2). A list of the officers and their

occupations of the National Guard in the Birmingham District on strike duty during the above mentioned years.

(3). All reports, communications, et cetera, in connection with your investigation into the strike of the ore miners of the Tennessee Coal Iron and Railroad Company.

(4) The circumstances and the occasion during which Major Benjamin M. Smith commanded your National Guard troops during the emergency you mentioned on page 2 of your letter.

(5) The names and occupations of the officers and enlisted men of the National Guard of the Birmingham District who are, or who have been, guards or deputy sheriffs during the above mentioned years.

(6) The names and occupations of the enlisted men of the National Guard in the Birmingham District who have been employed by the Tennessee Coal Iron and Railroad Company during the above mentioned years. The committee will give immediate consideration to your request to have the

you have supplied entered in our record of the proceedings.
With expressions of highest esteem, I am
Respectfully yours,

Secretary, Sub-Committee of the Committee on

Education and Labor, Under S. R. 266.1


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General Offices & Factory 185 Forty-First St.

Cable Address: Federallab

PITTSBURGH, PA., U. S. A., April 19, 1934. Joseph B. KEENAN, Ass't United States Attorney General,

Department of Justice, Washington, D. C. HONORABLE SIR: We submit, herewith, order received from the Tennessee Coal, Iron & Railroad Company covering two 28AC Thompson Submachine guns.

No answer was received to this letter.

The regular official statement signed by the President of the company is attached to the order.

We also enclose letters received from the Police Department as well as the County suggesting that this company be permitted to have this protection.

Will you please return all letters and orders together with your approval or rejection to Federal Laboratories, Inc., 185- 41st Street, Pittsburgh, Pa. Very truly yours,


(Signed) HARRY E. Rau, Treasurer. HER:VM Enc.

Protected by American Patent Protection Corporation

EXHIBIT 2852 Robert Gregg, President



General Offices: Birmingham, Ala.

May 17, 1934. Mr. JOSEPH B. KEENAN, Assistant Attorney General,

Departmeni of Justice, Washington, D. C. DEAR Sir: Pursuant to your request of May 5th, 1934, we are returning herewith, properly answered, the questionnaire covering the two Thompson Submachine Guns which have been ordered by this Company, Yours truly,

(Signed) RoBt. GREGG, President.



(1) What is your object in seeking to obtain a submachine gun?

For additional protection of our pay rolls and property. (2) Are you in any immediate threat of danger which makes the possession of

a submachine gun necessary? If so, explain.

Conditions are abnormal. Vandalism is rampant in this district. Threats have been made to blow up dams and water lines, which, if

occurred, would put 15,000 people out of employment with this Company. (3) What use is to be made of this submachine gun?

To protect pay rolls and property from vandalism. (4) What police protection and protective devices do you employ at present?

Two Thompson Submachine Guns, numerous revolvers, tear gas weapons,

rifles and shot guns. (5) What precaution will be taken to prevent seizure of this submachine gun

by criminals making a sudden attack?

These guns will be in direct charge of our Chief Deputy and will be turned over only to bonded officers commissioned by the Sheriff of Jefferson County, Alabama, who have had long experience in protection of pay rolls and law enforcement and when not in use, these guns will be locked in vaults

or an Armored Car. (6) What arrangement will be made for the storage of this submachine gun

after business hours?

Refer to question No. 5. (7) Who will be authorized to use this submachine gun?

Refer to question No. 5. (8) Has this individual been trained in the use of a submachine gun?

The bonded officers who will handle these guns have all had Thompson Machine Gun training since 1928.

(9) Any additional information of a similar nature should be set forth and

attached to this questionaire.

We have what we believe to be a well organized police force under an experienced Chief and at the present time have approximately 50 perma. nently employed bonded officers and have approximately 150 uniformed patrolmen who are not bonded and 430 bonded special Deputies who are cooperating with National Guardsmen in protecting the lives of our

employees and our property. (Kindly fill out and return the above questionaire to the Department of Justice, Washington, D. C.)




A. E. Horn, President.
Frank Allen, Vice President.
C. L. Pegues, Sec'y. Treas.

M. C. Anderson, Alabama.
J. E. McGee, Tennessee.
W. K. Botts, North Carolina.
V. D. Jones, Intl. Executive Board

Member, Bessemer, Alabama.


Affiliated with A. F. of L.

Offices: 172644 Third Avenue; Phone Bessemer 380

BESSEMER, ALABAMA, January 8, 1937. Hon. Robt. M. LA FOLLETTE,

Chairman, Senate Investigation Committee, Washington, D. C. DEAR MR. LA FOLLETTE: Several days ago I noticed a very small item in one of our daily newspapers to the effect that the attorney and other representatives of the Tennessee Coal, Iron and Railroad Company would be called to testify before your Investigation Committee; for what reason, the paper did not state. However, being of the assumption that it is with reference to labor practices, and being very desirous of seeing justice prevail, may I make a suggestion to your Committee?

The Tennessee Coal, Iron and Railroad Company, a major subsidiary of the United States Steel Corporation, issued an ultimatum to the Committee of the Local Unions, bona fide, to the effect that regardless of the mens' feelings in the matter, an incentive plan would be placed into effect on June 1st, 1936. This was done without any due notice of change in the then working agreement or understanding had by and between the three local unions and the management, which had been renewed in good faith in 1935, without any confusion or argument on either side.

The members of the local unions had no other alternative than strike—which they did, on Sunday May 31st 1936. This incentive plan sets the basic tonnage per day at from 120 gross tons to any amount the men are able to get within the shift. The more ore produced, above the basic tonnage, the less money the men earn. The men agreed through the request of Governor Bibb Graves, to return to work under a four months trial period of the plan. This period expired on December 19th 1936. During the interim the seven member board set up by the Governor, after a rather late start, began taking evidence in the cases of discriminations against the union men and on the incentive plan, and their hearings were concluded on or about the 17th of December. The Governor had three of his appointees on this board, who have presented the Governor with a full transcription of the evidence; to-date we of the unions have had no decision from the Governor, except, for him to send word to the men, through the Commissioner of the State Department of Labor, for them to extend the time under the plan further in order that he might study the evidence.

The members of the union are very desirous of co-operating with Governor Graves, yet they are being persecuted and crucified while working under the plan.

However, the point that I had in mind, was the calling of one J. M. Trammell, Assistant Mine Foreman, Muscoda Division, of the Tennessee Coal, Iron and Railroad Company before the committee, along with the rest of the company's representatives.

For your information, I am giving herewith excerpts from his testimony before the Governor's Board. Hearing held in the Court House, Birmingham, Alabama, December 1st, 1936.

(Questions by Borden Burr, Attorney for the T. C. I. & R. R. Co.)
(Answers by J. M. Trammell.)
Q. Did you tell 1 him he had to join the brotherhood?
A. No, Sir.

Q. Have you ever made any distinction between members of the union and the brotherhood as far as your work is concerned?

A. How is that?

Q. Did you ever use any pressure on them to get them to join the union or brotherhood, anything like that?

A. Only to advise them I thought it would be best for them to go with the company and not against them, them that was working there. I didn't those not working there.

Q. Did you hunt them up and tell them that?
A. What advice I gave them was when they were at work.
Q. You never told this man he would have to join the brotherhood?

A. I told this man to go to the superintendent and square him up and if he would put him back on he could get on.


(Questions by Mr. Coleman, Attorney for the Mine, Mill & Smelter Workers organization.)

(Answers by Mr. J. M. Trammell.)
Q. You belong to the brotherhood don't you?
A. No, sir.
Q. You are one of their strongest, staunchest supporters, aren't you?

A. I don't know about that. I just try to cooperate with the company and to do what they want done.

Q. What is that? Do they want them to join the brotherhood?
A. Well, the foreman that has got his men, they don't require them to join.

Q. I know they don't require the foremen to join, but they try to get the men to join?

A. Some of them do.
Q. And the company wants the men to join the brotherhood, don't they?
A. I should think so, yes, sir.
Q. What makes you think that, Mr. Trammell.

A. If they didn't want them to join it, I don't reckon they would have any brotherhood there.

Q. Mr. Trammell, as a matter of fact, you have been to numbers of men and told them it would be a good idea for them to join this brotherhood? A. Well, I have never been to many.

For instance, Mr. Will Ellis, you know him?
A. I have talked to him some.
Q. You tried to get him to join the brotherhood?
A. Yes, sir,
Q. And you talked to Jesse Hawks?
A. Yes, sir.
Q. Tried to get him to join?
A. Yes, sir.
Q. Talked to J. 0. Nichols; you got together about that?
A. Atho Nichols?
Q. Yes; you tried to get him to join the brotherhood, kept worrying him on the
job about it?

A. I haven't said nothing to him but one time about it.
Q. What was that?
A. I just asked him when he was going to join the brotherhood.
Q. Why did you ask him that? Why are you so interested in the brotherhood?
A. I don't know whether I would have to tell anybody or not.
Q. Have you got any objection to telling it?
A. I will answer what questions I want to answer.



1 Pete Dulaney.

Q. Why do you try to get them to join the brotherhood?
A. I have done told you why that was.
Q. Because the company wants you to?
A. To get all of our men on one side and not split up.
Q: Why don't you try to get them all to join the union? Why did you pick
the brotherhood?
A. We don't want the union.
Q. Who do you mean by “we”; who did you mean when you said that?
A. Me, for one.
Q. Who else?
A. I don't know that I can say who else.
Q. Can you name them?
A. I won't name them.
Q. Can you name them?
A. I won't name them.
Q. Who have you been talking to about this case?
A. No one.
Q. Not a soul?
A. No.
Q. Did anybody tell you not to tell the names of those men?
A. No.
Q. You just decided you didn't want to?
A. Just ain't going to tell it.
(And so on.)
Very respectfully yours,

Secretary-Treasurer, District 5,

I. U. M. M. & S. W.


A REPORT OF THE HEARING OF THE RED ORE MINERS OF THE TENNESSEE COAL IRON & RAILROAD COMPANY, AT A HEARING OF THE PUBLICITY AND MEDIATION BOARD, APPOINTED BY GOVERNOR GRAVES. This BOARD WAS APPOINTED BY THE GOVERNOR OF ALABAMA FOR PUBLICITY AND MEDIATION, TO GO INTO THE MERITS OF THE INCENTIVE PLAN, DISCRIMINATION, AND INTIMIDATION In questioning Dennis Hart, a Union miner, by the Company Attorney, Mr. Moore, before the Board hearing on December 4th, 1936; in which Mr. Moore was cross-examining Dennis Hart, he asked him the following questions, and while asking these questions he referred to a memorandum in report form that he held in his band: Question by Mr. Moore: "Didn't you say at the meeting (referring to Union meeting) that the coal miners were behind the ore miners, and if anybody goes back to work or scabs it will be too bad.” “You did not make any statement like this?" (See page 863 of Official record of hearing.)

Also, Mr. Moore, Company Attorney, asked this question; and before asking the question referred to a report or memorandum in report form: “Didn't you say in another meeting on June 25th, with reference to wives going to see Mr. Cameron for groceries, that any man that permitted his wife to do that, him and his wife should both be dead."

(See page 863 and 864 of Official record of said Board hearing.) And another time, during the above mentioned hearing on November 30, 1936, Mr. Borden Burr, company attorney, referring at the time of his questioning to a memorandum or phamplet in report form which he then held in his hand, asked this question:

Q. "Let's see what you said just the other night, if I can find it here-Mr. Burr looking in his report above referred to—I think I can. Alright, on August 19th, didn't you say, this Mr. Dulaney: "I know that I am going to be cut off and I am glad as hell, because from now on I can say what I want to and it will not do any good for the “snitch” to take it back to the Company. I am sure going to give the Company hell from now on.

Mr. Burr asked another question, "I will ask you if on August 17th, you did not say, meaning you, Pete Dulaney; 'It looks like I will be one of those that are going on the road, and while I am going down the road I can give them plenty of hell.' Do you remember saying that?”

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