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The purpose of the meeting primarily was to discuss some feasible way in which to arrive at as nearly as possible the total number of hours worked by loaders, cutters and any other piece work worker. It is hardly possible that any mine keeps the hours of this class of workers but the Unemployment Compensation Commission advises that they must have some basis from which to figure what an employee will be entitled to receive on claims that may be filed for unemployment compensation.

It is, therefore, highly important that a base be established; that is, the average hours or days worked. The Commission has the legal right under the law to require a mine to furnish the hours worked but they do not want to be arbitrary and have suggested that we make a “Time Study” covering the period of the month of March, 1937, beginning on the first day and keeping a record of this type of labor every day that the mine operates during the month of March.

It was the opinion of those present at that meeting that this should be undertaken by every Operator. If we do this and present actual figures it will give us an opportunity to have some say as to what base is to be used in the future and it may be the means of saving you considerable money. If we ignore it, some other organization may have a great deal to say as to the base to be used. In view of this probability, I want to urge upon you the importance of undertaking this work.

It will take time and work to do it and will probably have to be handled by your section bosses or whoever you think is the best qualified to assemble a fair record. It will mean a visit to every working place every day to see if the men are at work and how much time he spends in his working place.

Prior to the 15th of April it is planned to have another meeting, at which time it is hoped the information will be at hand, then a compilation of all the figures will be made and the result presented to the Commission.

Please, therefore, arrange to start this work on Monday, March 1.
On another sheet you will find the information desired.

(Signed) Geo. S. WARD, Secretary.

EXHIBIT 3350

UNITED STATES Coal & COKE COMPANY

Copy of Letter Mr. C. S. WARDLEY,

MARCH 8, 1937. Auditor, Pittsburgh, Pa. DEAR SIR: Referring to my letter of February 24th with which I enclosed request from Mr. George S. Ward, Secretary, Harlan County Coal Operators' Association, for certain information as to Hours Worked by Piece Workers, Etc., during month of March, 1937.

Mr. Ward advises me that this information for December 16-31, 1936, for No. 31 Mine, which we compiled for the Federal Bureau of Labor Statistics, Department of Labor, will be satisfactory for their purpose, if the working conditions in March are comparable with those in December. Conditions are the same, and our report will be based on these December figures, if you advise that it will be satisfactory to furnish such information. Yours very truly,

G. L. T., Chief Clerk. glt/cem cc-Mr. Harry M. Moses,

General Superintendent, (Stamped: Received, Mar. 10, 1937, Office of General Superintendent.]

INTIMIDATION BY DEPUTY SHERIFFS-AFFIDAVITS AND

STATEMENTS

EXHIBIT 3351 STATE OF KENTUCKY,

County og Bell: The affiant, C. W. Pierce, states that he is a native born American citizen, white, and free; that he lives at Beverly, Kentucky.

He says that he is a mine foreman, by trade, and that he was out of employment and had a family to support, and heard that there was a job open at Molus,

Kentucky, at the mines there, the job being that of cut-boss. He says that he had had many years of experience as boss in the mines, and he started to these mines on the 8th day of October, 1934, and got to Molus, Kentucky, and started in the edge of the camp, the camp being about a half mile from the station, at Molus, in Harlan County, Kentucky.

He says that these mines are owned and operated by the Harlan Wallins Coal Corporation, and that Pearl Basham is the Superintendent. He says that their headquarters as he understands it, are in Nashville, Tennessee.

The affiant says that he met some men coming out of the mines in the afternoon, near the station, that he inquired of them and was told that the Company was taking on an extra crew of men if they could get a cut-boss to take care of them, and was told that the Superintendent was up at the mines near the side-track looking for some qualified person as cut-boss. The affiant started into the camp on his way to see the Superintendent. Bob Eldridge, a deputy sheriff of Harlan County, and a mine guard for this Company, holloaed to this affiant and told him to wait. The affiant at that time was not acquainted with Bod Eldridge and told Mr. Eldridge that he was in a hurry, and that if he wanted to see him to come on. Affiant had gotten about 200 yards into the camp and Bod Eldridge, a deputy sheriff

and mine guard, came up near to where he was and waited until his son (Bob Eldridge's son) a young man about twenty-five years old, came up. This young man had a pistol in his hand, and he aimed the pistol at this affiant and held it on this affiant and Bob Eldridge said to this affiant: “We are not taking on any men here and this is not a God damn Union place; you get your God damn ass out of this hollow". This affiant said to Mr. Eldridge, "Why man, what is the matter with you, come over here in the road and let's talk this matter out”; Mr. Eldridge said, “You God damn son-of-a-bitch, I don't want to hear anything you say, and we have got a sign up down at the commissary, and by God the superintendent told me what to do”; and he pulled a black jack out of bis pocket, that seemed to be loaded with lead or some heavy, hard substance, and while his boy held the pistol on me, he began to beat me over the head with this black jack. He struck me several times, injuring me very severely, made knots on my head as big as a hen egg, and when he would knock me loose from him, he would then kick me as I went down the road towards the station. 'He would say to me, while he was kicking and striking me, “You God damn Union son-of-:bitch". As I started back out of the camp, he went into his house and got a pistol in his hand and he and his son, who also had a pistol, followed me back down to the depot. This affiant then left the depot to prevent further injury to himself and crossed Cumberland River and got onto the pike road and caught a bus and came to Pineville.

Affiant says that he was unarmed and had nothing whatsoever to protect himself with. He says that Bob Eldridge weighs about 200 lbs., and that this affiant weighs about 160 lbs.

Affiant says further that he had violated no law, that he was peaceable and quiet and went to these mines for the sole and only purpose of getting a job.

Affiant says that he is member of the United Mine Workers of America, and that his only purpose in going to these mines was to get a job.

C. W. PIERCE, Subscribed and sworn to before me by C. W. Pierce, this the 5th day of December, 1934.

Cassie McCoy, Examiner Bell Circuit Court.

EXHIBIT 3352 STATE OF KENTUCKY,

County oj Harlan: The affiant, William Monhollan, states that during the summer of 1935, there was a mass meeting scheduled to be held at Evarts, Kentucky; that the speakers scheduled to speak on this occasion did not arrive, and the meeting went on without them; thet M. A. Musick addressed the crowd, and when he had finished, this affiant spoke. Affiant states that near the end of his speech he was approached by two deputy sheriffs of Harlan County, by the name of George Lee and John Hickey; that Hickey had his guns out and pointed at the crowd. Affiant states that Lee came up to this affiant and began to beat him, and that a Miss Lane intervened and begged Lee not to beat this affiant. Affiant stotes that Lee then went into the assembled crowd and began to beat and slug any one who came

within his reach; that Hickey continued to cover them with his guns and the crowd dispersed very rapidly. Affiant states that while this was going on, there were several cars loaded with deputy sheriffs parked along the road near which the meeting was being held; that this affiant recognized among others, Frank White.

WILLIAM (his X mark) MONHOLLAN. Subscribed and sworn to before me by William Monhollan, this the 9th day of March, 1937. (SEAL)

H. B. TURNER,

Notary Public, Harlan Co., Ky. My commission expires the 10 day of Jan., 1940,

EXHIBIT 3353 STATE OF HARLAN,

County of Harlan: The affiant, William Gibbs, says that he is a citizen and resident of Harlan County, residing at Black Mountain camp at Kenvir, Kentucky. He states that he was in Harlan town, in company with one John Madden, early in January, 1937; near the Court house, in Harlan, he was approached by two deputy sheriffs, one of whom was John Hickey, who asked him about his business in Harlan. Affiant told him he was there on purely personal business, and that he worked at Black Mountain camp. Affiant states that while the said Hickey was talking to this affiant wore a pair or brass knucklers and had his gun prominently displayed. He states that these two deputy sheriffs threatened this affiant and Mr. Madden with bodily violence if they did not get out of Harlan town and get out quick and not come back, and that affiant and Mr. Madden got in their car and left Harlan. He states that they were followed by these two deputy sheriffs for a distance of about six miles.

WILLIAM GIBBS. Subscribed and sworn to before me by William Gibbs, this the 9th day of March, 1937. (SEAL)

H. B. TURNER,

Notary Public, Harlan County, Ky. My commission expires the 10 day of Mch., 1940.

EXHIBIT 3354 STATE OF KENTUCKY,

County of Bell: The affiant, R. A. Daniels, states that he is a field representative of District No. 30 of the United Mine Workers of America, and of Pikeville, Kentucky.

He says that on the 23rd day of January, in the early morning about 3:10 or 3:15 a. m. he was awakened in the hotel in Harlan, Kentucky, by a commotion, while he was sleeping in his room. He got up and opened the door of his room, which was on the third floor of the hotel, and he found the Clerk of the hotel near the door of his room, with a towel over his face, and the clerk told him that the hotel had been gassed. He dressed immediately and went to the second floor, where other mine Union officials and organizers were rooming, and he was met by a very strong gas that affected his eyes and throat. He was told by other organizers that gas bombs had been exploded near the door of Mr. Arnett, Vice President for the Union of the 19th District, and he also learned that outside the hotel one car had been blown up, and the the concussion and pieces from this car had damaged another car nearby.

During the past two weeks and since an effort has been made to organize the miners of Harlan County, and while this affiant has been in Harlan County, deputy sheriffs of this County, wearing badges, have followed this affiant and other organizers, practically everywhere they went in the County. He says that he and the other organizers had no arms, that they were there for the sole purpose of soliciting membership in the Union, and they were advised by their superiors not to take any pistols or firearms into the County and to violate no law and to be peaceable and quiet.

89562—38—pt. 15-6-23

men.

He says that practically every time they would stop their car out on the highways in the County, deputy sheriffs would drive their cars up near to them and they would get out of their car and pull up their belts and show their pistols, and at one time when the car has been parked in which he was riding, at Lejunir, Kentucky, near Shields, some six or eight inches off the hard surface of the highway, two men wearing deputy sheriff's badges came to this affiant and told him and the other organizers that they were trespassing on the Company property, and to “Get to hell off of there and to stay off”, and this affiant and the other organizers obeyed these orders and immediately left.

He says that since he has been stopping at the New Harlan Hotel, a deputy sheriff by the name of Allan Bowling has been coming to the hotel frequently and walking up and down past the hotel a great many times, and told this affialt that he was checking up on the Union Organizers. He said that he did not intend to bother them himself, but that several of the other deputy sheriffs of Harlan County were pretty sore and that the Union couldn's organize Harlan County, without having serious trouble. He said that a man has to be mighty tough to be a deputy sheriff in Harlan County; that he himself had killed some

This affiant states further that a Mr. Hensley, who is a State patrol in Harlan County, said to this affiant on last Saturday morning, after the bombing of the cars at a time when this affiant had asked this officer to go with him and Mr. W. M. Hall to a garage to get a mechanic to examine the wrecked car of Mr. W. M. Hall, to see what damage was done to it, this officer, Mr. Hensley said to this affiant that he was expecting trouble to occur the night that the explosion took place, because on Friday, and before the explosion early Saturday morning, he had seen these deputy sheriffs and gun thugs in crowds, and holding conversations in groups around the sheriff's office in Harlan County.

He further said that there were only three of them (referring to the State patrol), there in Harlan, and that three men couldn't cope with the situation, and he said, “What could we three men do against this big bunch of thugs; they could and would bump us off just as quickly and as easily as they would some of you men.”

R. A. DANIEL. Subscribed and sworn to before me by R. A. Daniel, this the 25th day of January, 1937. (SEAL)

Lila Hayes GOLDEN,

Notary Public, Bell County, Ky. My commission expires November 14, 1939.

EXHIBIT 3355 STATE OF KENTUCKY,

County of Bell: The affiant, Frank Hall, states that he lives at Jenkins, Kentucky; that he is a field worker and district organizer for the United Mine Workers of America, District No. 30.

He states that he went into Harlan County to assist the Union in soliciting membership and on the fifteenth day of January, 1937, when he and other mine workers were traveling in an automobile towards the mines on Clover Fork and going towards Clover Splint, John Hickey, George Lee, and Lee Fleener, Deputy Sheriffs of Harlan County and all three of whom this affiant knows, began to trail and follow this affiant's car, driving very close behind this affiant's car, sometimes getting up within a very few feet of this affiant's car and followed all the way out to the Clover Splint mine. This affiant turned his car and came back to Everetts, Kentucky, and these Deputy Sheriffs followed him to Everetts, Kentucky, and this affiant went from Everetts to Black Mountain, where there is a large local union of United Mine Workers of America and before they got to Black Mountain, the Deputy Sheriffs' car was stopped and John Hickey got out of the car and George Lee and Lee Fleener followed this affiant on to the Company Store, where he parked his car and they parked their car close to ours and I got out and went to the commissary porch to talk to some men and while talking to these men, Lee Fleener, whom this affiant understands to be a Deputy Sheriff of Harlan County and who wears a badge, came up close to where he was talking to miners and stood there all the while this affiant was talking to the men. 1 Evarts.

While this affiant was standing on the porch John Hickey came walking up the railroad into the camp. We got in our car and drove back to Everetts and parked and Mr. Ted Clark and Mr. M. A. Music got out of my car and went into the Post Office and these Deputy Sheriffs drove up close to my car and parked and sat there till Mr. Clark and Mr. Music came back. We left there and they followed us all the way to the New Harlan Hotel. I parked my car on the public parking lot or street near the hotel and back of the L. & N. Depot and these men drove up and sat in their car and watched us until we went into the hotel.

On last Saturday morning early while my car was parked on the public parking lot at the rear of the L. & N. Depot and near the hotel, it was blown up by some kind of explosive. The front part of the car was completely demolished, wrecking the fenders, hood and working parts. It was a 1936 Buick sedan Straight Eight. This explosion broke two of the windows almost completely out of the Depot and knocked holes in some of the other glass windows of the Depot. My car was parked within twenty or thirty feet of the rear wall of the depot and I am informed, but don't know for a certainty, that at the time of the explosion there were several hundred pounds of explosive stored in this depot.

The affiant states that he had no arms or weapons of any kind while in Harlan; that he drank no liquor or beer or any intoxicant and all of the men who were working for the Union were instructed to be peaceable and quiet and not violate the law in any particular.

FRANK Hall. Subscribed and sworn to before me by Frank Hall, this the 25th day of January, 1937. (SEAL)

LILA HAYES GOLDEN,

Notary Public, Bell Co., Ky. My commission expires November 14, 1939.

EXHIBIT 3356 STATE OF KENTUCKY,

County of Bell: The affiant, Charles McIntyre, says he is a citizen and resident of Crooksville, Ohio, Route No. 2; that he is a member of and an organizer for the United Mine Workers of America. He says that he has been working for the Union in Harlan County during the past few days and that almost constantly when he and the other organizers for the Union went out in the County they would be trailed and followed by men wearing Deputy Sheriff badges and this trailing and following happened also when they were working around on the streets in Harlan.

On Saturday, January 23, 1937, while this affiant was waiting in the lobby of the New Harlan Hotel some strange man, whom he did not know, was constantly watching this affiant and after he had watched the affiant for a long time, he took a piece of paper out of his pocket and wrote something on the paper and put it back in his pocket and went over to the desk and was talking to the clerk of the hotel. This man kept his eyes on this affiant for long periods at a time. This affiant had been warned not to go out of the Hotel for fear of being injured. He stated that early that morning around three o'clock he was asleep in his hotel room. He was rooming with two other gentlemen who were working for the United Mine Workers. He was disturbed by a noise in the hotel and while he was awakening he heard a loud explosion near the hotel and saw the flash of the explosion near where the Mine Organizers had parked their cars on the station grounds and a few seconds after the first explosion he heard another explosion.

This affiant got out of bed and he began to smell a peculiar and offensive odor like something burning and his eyes, ears and throat began to burn and hurt. He went into the hall of the second floor of the hotel and encountered strong gas. Some one hollered "Fire" and this affiant began to pack his clothes to try to get out and when he got into the hall a Mr. Milt Hall said to this affiant that the mine workers had better not go downstairs, they might be shot, that he believed it was a frameup to gas the hotel and

cause the members of the Union to run out and then to shoot them. While in the hall, this affiant saw several other men, women and children, who were guests at the hotel but who were not with the party of Mine Workers. They were greatly excited, coughing and the gas had affected their eyes. Many of them were in their night clothing and they were rushing to get out of the building.

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