(See McKelway Exhibit No. 2.) Chairman WALSH. That is all, thank you, Mr. McKelway. You will be excused. We will now adjourn until 2 o'clock p. m. (Thereupon, at 12 o'clock noon, an adjournment was taken until 2 o'clock p. m.) AFTERNOON SESSION-2 P. M. Chairman WALSH. Is Mr. Joseph Kobylak here? Chairman WALSH. Just take the chair, please. TESTIMONY OF MR. JOSEPH KOBYLAK. Chairman WALSH. What is your name, please? Mr. KOBYLAK. Joseph Kobylak. Chairman WALSH. What is your occupation? Chairman WALSH. What is your nationality? Mr. KOBYLAK. Bohemian. Chairman WALSH. How long have you been in this country, Mr. Kobylak? Mr. KOBYLAK. For the last 12 years. Chairman WALSH. What has been your business all the time you have been here? Mr. KOBYLAK. Oh, 10 years-8 years acting in the coal mines, and since that time I helped the coal miners on the coal tipple as checkweighman. Chairman WALSH. What was your occupation in the old country, Bohemia, before you came here? Mr. KOBYLAK. Coal miner. Chairman WALSH. HOW old a man are you? Mr. KOBYLAK. Thirty-three years old. Chairman WALSH. Are you a man of family? Mr. KOBYLAK. Yes, sir. Chairman WALSH. Married in this country or the old country? Mr. KOBYLAK. In this country. Chairman WALSH. How many languages do you speak? Mr. KOBYLAK. I speak German, Bohemian, Slavish, Polish, Lithuanian, and a little bit of English. Chairman WALSH. And where have you worked as miner? Tell us now in what localities. Mr. KOBYLAK. Gentlemen, I have these statements prepared in writing so I can give you everything exactly, with the dates. Chairman WALSH. Well, I just want to locate you here first; you are the gentleman that reported to this commission some time ago that you had been arrested for high treason? Mr. KOBYLAK. Yes, sir. Chairman WALSH. Against the State? Mr. KOBYLAK. Yes, sir. Chairman WALSH. And that you like to make a statement?. Mr. KOBYLAK. Yes, sir. Chairman WALSH. In regard to your experiences? Mr. KOBYLAK. Yes, sir. Chairman WALSH. Now, you say you have that prepared in writing? Chairman WALSH. Very well. You may go ahead and read it, Mr. Kobylak. GENTLEMEN OF THE UNITED STATES COMMISSION ON INDUSTRIAL RELATIONS: Having received your call to appear as witness and testify of my own experiences with the courts and with the officers of the law, before I will proceed to tell you, gentlemen of the committee, of my unrightful arrests, charges, and unlawful persecutions, which has greatly injured and damaged my name and my dear family, viz, trespasser, mule killer, speak-easy operator, black hander, rioter, highwaymen like intent to injure, robber, raper, and treason charge. face last in this present 13-month coal-miner strike in eastern Ohio, compelled to stay in jail under $10,000 bond. I Kindly note that I am not a salary-paid officer-nor an office keeper-I am only a mine-camp local officer-simply a foreign coal miner. "Gentlemen of the committee will pardon me for mistakes I make in talking the American language. "Now, I must go little into my life, to show you the road I have traveled in this time. In 1903 I migrated to America. I was 21 years of age. Located in Jefferson County, Ohio, and began work in the coal mines and joined the unionUnited Mine Workers of America. "Now comes the year 1906. I worked in the Bradley mines property of the United States Coal Co. A strike took place in that district. There was no trouble. Everything went along peacefully. The United States Coal Co. condemned our union, U. M. W. of A., and immediately hired a few hundred private guards, generally called gunmen, together with hundreds of scabs and proceeded with their work. "Striking miners at Plum Run mines, also property of the United States Coal Co., under the threats of brute force by the hirelings of the coal camp, they, the miners, had to surrender-then the camp began to mine coal. The same company attempted to do with Bradley mines-put up reflectors-made trenches for themselves-troubling the strikers, etc. The miners have seen all this-what to do. The strikers at Plum Run received no help, had to surrender. Bradley strikers were in the same position. Surrender? No. So they decided to defend their homes and their families. The hirelings make no progress, so they get ready for wholesale murder. “July 1, 1906, for more than four hours the gunmen fire continuously into the strikers' homes. Didn't care for women and children. Their motto was to kill whole business-looked to me so. The strikers thank the traitor the hirelings had among themselves. From him the miners received warning in time so they place themselves with their families in safety, and yet the bloodshed took place. Then the Ohio State Militia came. Strikers would not give up the strike. The United States Coal Co. began to realize the strikers would not give up, so the company recognized the union and strikers returned to work. "The strike lasted four months and contributed lots to my experience. "In 1907 I changed the work place from Bradley to Plum Run mines. I found there big misunderstandings among the miners, which caused big trouble to themselves and to the union, and the company had always benefited by it. It was and is now the greatest enemy of the organized labor and at present this company hires nonunion labor. The working conditions were bad and the bosses rough to the miners. Local strike was called, miners divided themselves-some struck and some went to work. Little riot took place and the result was strike was lost. Some were arrested and lots discharged. "Mr. William Green, district president of the Ohio miners, U. M. W. of A., and Mr. Watkins, subdistrict president of the eastern Ohio miners, U. M. W. of A., appeared on the scene at Plum Run to reorganize that place and put it right. A meeting was called of all the miners and I was appointed by the already named officers of U. M. W. of A. for mine committee to represent the coal miners. Appointment was accepted unanimously by the miners, and by the mine management of the United States Coal Co. "I had a big job on hand. First, I began to organize the miners and had success. The miners, well organized, naturally began to ask for their rights which they were entitled to under the mining law and agreement to which the company had agreed and signed. Many times the company willfully violated the contract and the law, even over my protest they did." Chairman WALSH. Violated what contract? Mr. KOBYLAK. Between the miners and the coal companies. Chairman WALSH. How did they violate the contract? Mr. KOBYLAK. They have signed a contract that the miners have a right to pick out a checkweighman from among their own ranks, and they have not done that. Chairman WALSH. They would not do that? Mr. KOBYLAK. The men elect me in the right way, and they say the mine had asked to remove me. Commissioner LENNON. They broke the contract by shutting the mines down without regular process under the agreement; wasn't that it? Mr. KOBYLAK. They violated the contract by shutting the mine and asked that I should be removed. When the contract granted the right to the miners and also the mining law. Chairman WALSH. Yes. "In all cases I was the spokesman. It was my duty to be, as member of the mine committee. With a few shutdowns and with help of the mine inspector we compel the company to respect a little the mining law of Ohio. "Better working conditions we have secured with strikes. We were compelled to take such action because the bosses refused to grant the miners anything they asked for. The bosses were not satisfied with my actions, they looked for chance to get rid of me and began with persecution. Mule killer in the mine was the first charge against me, but their plan was so weak that they give it up. Then they shut down the mine in which I work, refuse to place me in other mine, but the miners all together, including those who were hired in 1906 as strike breakers to break the union by the United States coal Co. were organized also, elected me for their checkweighman to represent them on the coal tipple and see that their coal is weighed correctly, and for secretary and treasurer. 66 Immediately the company shut down all of their mines. This happened in September, 1909. The company violated the contract and the mining law. Mr. William Green, president of the Ohio miners, took up the case, and when company refused to comply with the law or contract he ordered a strike. The strike lasted 16 days. The company gave up, and I was reinstated as checkweighman, but the company did not stop working to get me out." Chairman WALSH. Had you had a checkweighman before you went in at that tipple? Mr. KOBYLAK. Yes, sir. [Continues reading:] "It proceeded with its crooked business in the name of violence, but my fellow mine workers stood with me and prevented all kinds of dirty attacks made by the representatives of the United States Coal Co. against me, which caused about six more strikes, in all of which the company was the loser." Chairman WALSH. What objections did the operators have to your being checkweighman, Mr. Kobylak, if any? Mr. KOBYLAK. The miners would appoint me to represent the miners in the mine. I was spokesman, and in determining the rights, you know, under the contract. Chairman WALSH. Before this time? Mr. KOBYLAK. Yes, sir. Chairman WALSH. Then your idea is that they objected to you because you were the spokesman of the miners? Mr. KOBYLAK. Yes. Chairman WALSH. What did they say? How did they put it? Mr. KOBYLAK. No. Chairman WALSH. All right, go ahead. Mr. KOBYLAK (reading): "One evening four policemen break into my home, arrested me without warrant, drove me for about 7 miles before squire, and charge that I am speakeasy operator." Chairman WALSH. You say "speak-easy operator" ? Mr. KOBYLAK. Yes. Chairman WALSH. What is that? Mr. KOBYLAK. Selling liquor; and they dragged me off 7 miles, and I had to walk back. They did this so I would not appear on the tipple the next day, and so the miners would get excited if you remove me; they will have no miners on the tipple, and this speak-easy business is a serious thing among the miners, because you know it is a very bad kind of business. Chairman WALSH. Well, was there an information ever filed against you for running the speak-easy? Mr. KOBYLAK. No, sir. Chairman WALSH. Did they take you before the magistrate? Mr. KOBYLAK. Yes, sir. Chairman WALSH. And did you have a trial? Mr. KOBYLAK. Yes. They took me there before the squire and charge that I am a speak-easy operater, and he discharged me. Chairman WALSH. He discharged you, and you went back home? Mr. KOBYLAK. Yes, sir. Chairman WALSH. And you had to walk back? Mr. KOBYLAK. Yes, sir; after he asked me a few questions. Chairman WALSH. Right there, did you keep a speak-easy at any time? 38819°-S. Doc. 415, 64-1-vol 11- -29 Mr. KOBYLAK. No, sir. Chairman WALSH. Go ahead. Mr. KOBYLAK (reading): "The squire turned me loose, and I walked back. "One day two officers of the U. M. W. of A. come to my home and ask me for all union books, vouchers, receipts, bank book, and cash money. I wonder and ask what go on anyhow. Well,' officer answer, you are charged with taking the union money. You are charged so by the United States Coal Co.' Both went over the books and the money and found everything correct. They found that the charge was false." If the gentlemen will excuse me I will read the report of those two men who went over the books at the special convention of the miners, and I will read the findings [referring to a large pamphlet]. This is the proceedings of the special convention of the subdistrict No. 5, of district No. 6, United Mine Workers of America, held in Wheeling, W. Va., in October, 1911. Vice President Rapp (?) said: "In explanation of Brother Kobylak's book, I will say that I went over them, in company with Brother and he got a detailed report, of which I cau say I never saw a more complete set of books kept in a more honest way, everything to show for every cent that has come in and every cent that has went out. I never saw in my life a more complete set of books than I did in Brother Kobylak's books." That is from one who went over the books. [Reads:] "In the month of November, 1910, the company offered me monthly jobto quit the union and go on the company side. I ignored the offer." Chairman WALSH. Who offered it to you? Mr. KOBYLAK. Offered by the superintendent three times, and the fourth time the manager, Mr. Bullitt (?) came from Cleveland. Chairman WALSH. What job did they offer you? Mr. KOBYLAK. To be the weigh boss. Chairman WALSH. For the company? Mr. KOBYLAK. Yes; for the company. [Continues reading:] "In a short time, January, 1911, shutdown of all the mines took place again, and the company demanded the removal of myself from all the miners. The company failed to break strike in about five months, so the company, in a conference at Cleveland, Ohio, made a new offer to the officers of the U. M. W. of A.; offered to pay for my lost time on strike, willing to buy my home and pay the expenses to move. I ignored the offer again. The company went on with the fight to get me out, but surrendered after 11 months of strike. During the 11 months' strike I was charged as a blackhander, but charge was dismissed. I was reinstated as checkweighman again, but only for short time." At that time, gentlemen, we had a wise man in the prosecuting attorney, and he did not send out with guards and rifles after me. He simply sent a letter that he wished to see me. Here is the letter I have received from the prosecuting attorney, and I was charged for blackhanding. [Reading:] [ Office of the prosecuting attorney of Jefferson County. Steubenville, Ohio, Jay S. Paisley, prosecuting attorney.] MAY 8, 1911. Mr. JOE KOBYLAK, Rhodesdale, Ohio. DEAR SIR: If possible, will you kindly call at my office in this city next Thursday morning, as I desire to talk with you about matters which will no doubt be of interest to you and perhaps beneficial. Very truly, yours, JAY S. PAISLEY. "The company, aroused again, hired a practical robber for weigh boss and private guard. Weigh boss began to steal by wholesale the coal, digged and loaded by the miners. Of course, shutdown took place again. On the 10th day of July, 1912, union asked the company to remove the weigh boss. Later on they did and asked for investigation and that during that time I should stay off the tipple scale. That was granted to the company. I have proved the robbery, but the company motto was to keep me off forever for all prices. September 10, 1912, an attack was made on me in the company store when I waited for my mail by the new hired company guard and threatened with arrest. I protested because I was in the United States post office, yet I was ar rested about half an hour later as a trespasser. The superintendent, acting as judge, turned me loose. "September 25, 1912, a big meeting was called by Mr. John Moore, district president of the Ohio miners, and C. J. Albasin, subdistrict president of the United Mine Workers of America. In that meeting I was reelected as checkweighman on the coal tipple. A bloody riot took place at that meeting outside the union hall, but the meeting inside the hall went on peacefully. During the fight I was with the officers in the hall. Next morning myself, as per instructions and in the name of our constitution, contract, and the mining law, went on the tipple as miners' checkweighman, with the understanding that if the United States Coal Co, refused to have me there or try to shut down the mines I shall return to my home and the mine committee place other man in my place. Keep on working-it was to my satisfaction. The United States Coal Co. did not notify me or the mine committee or the local union officers at all about what it intended to do-plan was ready. As soon as I came to the tipple attack was made against me by the company guards. I was placed in hand chains and thrown in the jail at Smithfield, Ohio, charged with trespassing. The second day in jail was read to me another charge-inciting riot. The company put their guards in the union hall. The local union officers were suspended and new elected and proceeded with company guards in the union hall with their local business. In the Smithfield city there were enough farmers to buy near the whole city, yet the authorities refused to accept bond until two lawyers came from Steubenville, Ohio, and demanded the right under the law. The bond was then signed, and I was released from jail." Chairman WALSH. Who went on your bond? Mr. KOBYLAK. Farmer, for $500. Chairman WALSH. Did they know you; were they friends of yours? Chairman WALSH. Who procured them to go on your bond, if anyone? Mr. KOBYLAK. Nobody asked them to go; they simply volunteered to do so. [Reads:] "The United States Coal Co. have gained what they were after for long years-kept the guards for the purpose to keep me off of their mines at Plum Run and Bradley. The guards are there to-day. "I was trying to get work in the surrounding mines, but could get noneblacklisted. No money for leaving. I left my family-wife and four children-in Ohio and went to West Virginia and then to Pennsylvania. No work for me nowhere. Miners of the Penobscot mine, Pennsylvania, called a meeting and elected me for their checkweighman. I started work there in December, 1912. The working conditions were very bad. The miners asked the Penobscot Coal Co. from time to time to make better, but without result. So the miners all together lay off January 7, 1913; told the superintendent to fix up the mine; buy supplies so they all can work. Yet instead of buying supplies the company condemned the union miners and order the Pennsylvania State police. I was arrested again without warrant, placed in hand chains with eight other fellows, and tried in the company store at Penobscot (Pennsylvania) mine. This happened January 23, 1913; was charged as highwayman like intent to injure. Chairman WALSH. What was that? Mr. KOBYLAK. Like highwayman, intend to injure. That means I was on pike and would stop the workers when they go to work and threaten them not to go to work or I would kill them. Chairman WALSH. What was the fact; had you had any trouble on the highway with any persons? Mr. KOBYLAK. No, sir; I was not even there. I was in Ohio. When the mines shut down I had nothing to do, so I went to my home. [Continues reading:] "Two squires present. They had no business there. Penobscot district was outside their jurisdiction, as proved in big court at Washington, Pa., later on, and yet they open the court in said coal company store. Act brutal. I have protested and demanded they place us where we belong if they think we have violated any law. State police loosen my hands." Chairman WALSH. Loosened your hands? Mr. KOBYLAK. Yes, sir. Chairman WALSH. What were on your hands? Mr. KOBYLAK. Chains, you know; handcuffs. [Reading:] 66 Squire sentenced me to leave the Penobscot district inside of 24 hours. Ohio guard of Plum Run mines helping squire in the State of Pennsylvania |