Relations, the Workmen's Compensation Board shall continue to perform the functions heretofore vested in and exercised by said Board; provided, however, that all decisions and findings of the Board shall be certified to the Commissioner of Industrial Relations. The actual administration and the carrying out of such decisions and findings of the Board shall be performed by the Commissioner of Industrial Relations, and the Commissioner of Industrial Relations shall supervise and manage all financial matters for the Board. So much of section 4920 of the Kentucky Statutes, Carroll's 1930 edition, as is inconsistent with this section is hereby repealed. The Workmen's Compensation Board shall prepare such rules and regulations as it may deem necessary for the carrying on of the work and not inconsistent with this Act, which rules and regulations shall be subject to the approval of the Commissioner of Industrial Relations. The Commissioner of Industrial Relations shall, upon recommendation of the Workmen's Compensation Board, establish and fill such positions, including medical service and advice, in accordance with this Act as may be deemed necessary for carrying on the Board's work, and as may be provided within the limits of appropriations, and so much of section 4923 Kentucky Statutes, Carroll's 1930 edition, as designates positions and salaries paid, is hereby repealed. Hereafter, where there exists in this State any plan, custom, or system whereby the employees in any industry, or the employees at any industrial plant or operation contribute to the payment of any physician or surgeon for furnishing medical or surgical treatment, by deductions from their wages through the office of the employer, the employees at any such industrial plant or operation shall have the right, by a majority vote, to name the physician or surgeon so emploved. Such employees shall certify their choice to the employer where such physician or surgeon is employed or is to be employed. No physician or surgeon shall be employed and paid, by deductions from the wages of employees, except as herein provided, and the employer shall certify such appointment to the Department of Industrial Regulations for approval. FEBY 21 1936. (The foregoing has been copied from the original Act.) For your information I quote you below a letter received from Mr. R. W. Creech, President, Creech Coal Company, Twila, Kentucky, regarding the Hudson Pipe & Supply Company, which is self-explanatory: "We have been purchasing some 30' wrought iron pipe from the Hudson Pipe & Supply Co. of Bayonne, N. J., cut in any length that is required, this pipe has been used for a water-main. One lot of it has been made from 1/4" steel plates which shows some signs of corrosion, however, it is heavy enough yet to make good culvert under haul-ways. They have a price of $1.15 per ft. f. o. b. cars Bayonne, N. J. with the Freight rate to Wallins, Ky., of 73¢ per 100 lbs., local shipment. This pipe weighs approximately 100 lb. per foot, which makes the freight rate approximately 75¢ per ft. "They have a heavier pipe in the same size that has been made up from 3/8" iron or steel plates well riveted together and in splendid condition for making culverts for any purpose, either under a haulway or under a railroad track. This pipe weighs around 140 to 150 pounds per lineal foot. Their price on this heavy pipe is $2.00 per foot, with additional freight of about $1.05 per ft. The heavy pipe they shipped to us carried a freight bill of 140 lb. per foot with additional freight of $1.02 per foot. "These people claim to have a large quantity of this pipe and we have found them to be strictly business people to deal with. They also have some other sizes in second hand pipe of which we have been purchasing; some 6' wrought iron pipe which has shown up in good condition for which they have been charging us 42¢ per foot with good threads on each end. We are giving you this information, thinking probably that some of you would need some of this pipe to use for culverts as we have been doing where some of our drain pipes have been too small." GEO. S. WARD, Secretary. To Operators: All of you, I think, are familiar with the Guffey Coal Control Bill, which is now on the calendar of the Congress and is subject to be called up at any time. Just recently a group of Operators met in Washington to discuss ways and means of opposing the passage of this bill and as a result of that meeting, a committee was appointed to make a fight against it. There is a difference of opinion in the entire Bituminous Coal Industry as to whether this bill would be helpful or harmful but a very large percentage of Harlan Operators are strongly opposed to it, believing that it would positively work to the eventual elimination of Harlan Coals from the restricted markets we now enjoy. This Committee will meet in Washington on May 16th to carry on its work. Mr. W. J. Cunningham of the Crummies Creek Coal Company is on the committee from our field. Of course it goes without saying that the Committee will need a certain amount of funds and since there are members of the Association who are apparently in favor of some sort of legislation of this kind, it will necessarily have to be an individual proposition. The Committee is asking for a contribution from all opponents of the Bill on the basis of $10 for each 100,000 tons (or fraction thereof) produced in 1934. Therefore, if you are opposed to the Bill and wish to contribute to a fund to help defeat it, please send your check to me promptly, so marked, and I will immediately forward it to the proper parties. TIME IS IMPORTANT GEO. S. WARD, Secretary. EXHIBIT 3341 JUNE 19, 1936. MY DEAR HARRY: A representative of the Knoxville Journal has been in to see me lately and he is very anxious to increase the circulation of that paper in this County. He tells me he has only 100 subscribers in Lynch as against 800 of a competitive paper. The Journal has always been quite fair to Harlan County business interests and I would like to see them get more business up here. A representative will probably be up to see you before long and anything you can consistently do for them will be appreciated. I also want to see you shortly about another matter. Sincerely yours, GEO. S. Ward. We have been authoritatively advised that Governor Chandler has removed Mr. John F. Daniel as Chief of Mines and Minerals of the State of Kentucky, and has appointed in his stead Prof. C. S. Crouse as Acting Chief; this appointment effective August 10th 1936. Prof. Crouse was, prior to this appointment, the Head of the Mining and Metallurgy Department of the University of Kentucky. According to our understanding there is not likely to be any immediate change so far as District Inspectors are concerned. MY DEAR HARRY: There is a rumor afloat in these parts that the U. S. Coal & Coke Company is now putting on the domestic market considerable block coal from their Lynch plant, thru the Old Ben, or Big Ben, Coal Corporation at the price of $2.25 per ton. If true, this is particularly disturbing to our No. 5 Operators, whose block price is considerably above $2.25. We do not think that your people would knowingly HARLAN COUNTY COAL OPERATORS' ASSOCIATION Mr. HARRY MOSES, OFFICE OF GEO. 8. WARD, SECRETARY HARLAN, KENTUCKY, January 14, 1937. MY DEAR MR. MOSES: You will recall that last summer we had up the proposition of testing the validity of the Mineral Assessment Law of the State of Kentucky. An Act of the 1936 Legislature empowered the State Tax Commission to fix mineral assessments over the state. After considerable deliberation it was finally decided that the mineral owners of the state would join for the purpose of attacking the Bill, and accordingly a suit was filed in the name of the High Splint Coal Company v. James W. Martin, chairman of the tax commission. This case was tried in the Franklin Circuit Court and was held unconstitutional by the Circuit Judge. The case has been appealed and is set for argument before the Court of Appeals on Friday, January 22. You have heretofore been advised as to the plan of financing this suit and if you remember correctly, your company was assessed $100 for that purpose. The firm handling this case advised me today that it has not yet received your contribution, and I am sure it has merely been overlooked by your people. There fore, won't you kindly see that this amount is put into the hands of Farmer & Humble, McClure Building, Frankfort, Kentucky. With kindest regards, I am, Yours very truly, GSW:CW GEO. S. WARD, Secretary. [Stamped: Received, Jan. 30, 1937, Office of General Superintendent.] EXHIBIT 3345 HARLAN COUNTY COAL OPERATORS' ASSOCIATION GEO. S. WARD, SECRETARY HARLAN, KENTUCKY, Feby 18, 1937. MY DEAR HARRY: We are in need of more coal to comply with Gov. Chandler's requests to be shipped to the flood area. So far we have shipped 46 cars and I have on my desk orders from him for about 19 more cars. You have already shipped one from Lynch. Some of our mines have already shipped 3 cars and may have to come thru with another one to complete the order. I appreciate your situation but it looks as if every one will have to do their part or else notify the Governor we can't do it. All of our mines are crowded with orders and the car supply is rotten as you know. It would be appreciated if you can arrange to donate 2 more as soon as possible. G. S. W. [Stamped: Received, Feb. 20, 1937, Office of General Superintendent.] Mr. GEORGE S. WARD, EXHIBIT 3346 FEBRUARY 22, 1937. Secretary, Harlan County Coal Operators Association, Harlan, Kentucky. DEAR GEORGE: This will acknowledge your letter of February 18. The absence of my bosses, most of whom are in Florida, makes it impossible for me to get hurry-up approval on anything. I am, however, endeavoring to get authority to furnish the Governor some more coal and will advise you if and when I get this. Yours very truly, HMM:JC General Superintendent. EXHIBIT 3347 UNITED STATES COAL & COKE COMPANY Copy of Letter FEBRUARY 24, 1937. Mr. C. S. WARDLEY, DEAR SIR: I am enclosing herewith a request from Mr. George S. Ward, Secretary, Harlan County Coal Operators' Association, for information regarding hours worked by piece workers. You will note that he requests that we make a "Time Study" during the month of March for the purpose of obtaining this information, which is to be used in calculation of benefits to be paid under the Unemployınent Compensation Law. You will recall that we made a similar "Time Study" for period December 16-31, 1936, for report requested by the Federal Department of Labor, Bureau of Statistics, and the results of this "Time Study" could be furnished without additional work. I have been in touch with Mr. Ward's office to ascertain whether information for that period would serve their purpose and they will advise me later regarding this. Will you kindly advise whether it will be in order to furnish the information requested, and oblige. Yours very truly, G. L. T., Chief Clerk. [Stamped: Received, Feb. 26, 1937, Office of General Superintendent.] EXHIBIT 3348 [Copy] INFORMATION REQUESTED BY UNEMPLOYMENT COMPENSATION COMMISSION OF KENTUCKY, MONTH OF MARCH 1937 TOTAL NUMBER OF LOADERS. TOTAL TONS LOADED_ TOTAL HOURS WORKED_ TOTAL NUMBER CUTTERS_ TOTAL TONS CUT.. TOTAL HOURS WORKED_ TOTAL EARNINGS (including yardage).... (Please fill in above and return to George S. Ward, Secretary, Harlan, Kentucky, as soon after April 1 as possible.) On February 15, 1937 Mr. Robert E. Hatton, Acting Executive Director, Division of Unemployment Compensation, called a meeting of representatives of the Mining Industry in Frankfort on February_20. I attended that meeting, along with several other representatives over the State. |