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WOODS EXHIBIT.

[City of New York police department. Office of the commissioner.]

INDUSTRIAL RELATIONS COMMITTEE,

Washington, D. C.

MAY 28, 1915.

GENTLEMEN: In compliance with your request I send you the following information.

1. Names of private detective agencies which have been used in connection with industrial disturbances: William J. Burns; Pinkerton National Detective Agency; Dougherty Military Police and Detective Agency; Berger Bros.; Empire Secret Service Bureau (Fitzpatrick and Baum); Luxemberg Agency; Schmittberger Agency; Long Acre Agency; United Secret Service Agency (Max Schlansky and Louis Schultz); Ike Silverman (Fidelity Secret Service Bureau); Kelly Agency (formerly known as the Jackson Agency); Kenmore Detective Agency; and Waddell-Mahon Agency.

2. Names of persons or agencies by whom gangsters were sent to other cities: Max Sigmund, Abe Mitchell, Max Schlansky, and Lawrence Agency.

As to whether or not guards, strike breakers, or other people were sent from New York to Calumet and West Virginia, I am unable to say. There is at the present time no available evidence upon which I could predicate an answer. Yours, very truly,

CYPHERS EXHIBIT.

ARTHUR WOODS,

Police Commissioner

Slav. Commonwealth v. Thomas Stevenic and Frank Haska. Denied charge. Riot. 530. Rock in pocket. Throwing stones. Mechanics. Bail, $1,000. Arrested in house. John Gallagher and Chas. Rose.

Commonwealth v. John Collins. Charge, riot. $1,000. Trenton, N. J. Commonwealth v. John Sesminski. Riot. Bail, $1,000. Throwing stones. No. 666 Oak Street. Father and mother. Poplars Crossing.

John Misko.

Bail, $1,000.

Riot.

Throwing stone. 411 6th. 4 years.

Throwing stones.

540 Thomas

Andrew Kunack. Riot. Calling scab. Work, blast furnace. St. 4 years. Bail, $1,000. Steven Tomas. Chas. Gould, witness. Did not see. Lorence Gesesto. 3d. Discharged. Carrying knife. 937 5th. 4 years. Bail, $500. Knife open up arm sleeve.

Geo. Nogs. Arrest. Threw stone. Knife opened. 1. Riot, $1,000. 2. Carrying knife. Chapman's quarries. Paul Tonshist. Worked stone quarry.

Steve Dun. Riot. Thomas St., No. 524. Steel wire. 3 years. $1,000. Saw him throw stones. Arrest in house.

John Gardner. Throwing stone. Riot. $1,000. Had stones in hands. 817 Laufer Ave. Jos. Mayer, R. R. Jos. Gardner, Passaic.

John Tuks. Throwing stones. Riot. $1,000. No. 616 School Alley. Many Conell. Brother lives 738 Butternut. One stone in pocket. $1,000.

Lewis Kalman. Throwing stones. Riot. 748 School Alley. Mille Railr. $1,000. Wife 3 children. Rock in hand. Knocked off helmet. Stanley Bromkosky. Throwing stones. Revolver. 808 Center St. Albert Border. Old mill. $500. Poplar and 4th St. Big revolver. Frank Fakas. Riot. Chapman's quarries. Paul $1,000. 1 mo. 3 years.

Hungarian. Bail,

Got 3d St. barber shop. Saw him throw stone that broke picture frame at John Kiss.

Tony Connoll. No. 7 School Alley. Wife and 5 children. Zeigenfus. A. L. Cope.

Sunch & Steven. 3d St. To-day, Feby. 28, 1910. Forenoon.

Swore. John Shievley. Monroe Hieght. 2d Poplar St. Disorderly conduct.
Jos. Pass. 208 Birch St. Puddle mill. 7 mo. Kleige. Came Hazzard.
Suits: Commonwealth v. John.

JONES EXHIBIT.

66

Sketch of life of C. L. Maxwell, better known as Gunplay Maxwell, outlaw, ex-convict, deputy sheriff, and mine guard for Utah Fuel Co. Killed at Price, Utah, August 25, 1909.

In June, 1900, Maxwell and two of his gang held up and robbed the bank at Springville, Utah, killing the cashier. In the pursuit that followed one of the bank robbers was killed, and Maxwell and a companion named Warner were captured. They were sentenced to a term in prison at Salt Lake City. Maxwell, being of good address and having a good education, soon gained the confidence and good will of the warden, who gave Maxwell unusual liberties. On account of the liberties afforded him Maxwell had opportunities to communicate with other prisoners, and he planned to break jail and take a number of the most desperate ones with him, among them being Warner, his pal. The governor of Utah and the prison trustees had arranged to visit the prison on a tour of inspection, and Maxwell, knowing this, planned the break for that day. Now, here is where Maxwell's true character is shown. He went to the warden of the prison and told him that the prisoners were plotting to escape, and that his old pal, Warner, was the leader of the gang. After giving the warden the details of the plot as he had planned it, the warden concluded to let the plan go on, as if he was not aware of it, but he took extra precaution to prevent the plan from succeeding.

The governor and the board arrived as per their program, and when Warner and the others made their break for freedom they were promptly overpowered. Maxwell was brought before the governor, and for his loyalty and good conduct in exposing the plot he was pardoned. Maxwell then went to Helper, where he engaged in gambling, and being a bad man in general, in 1903 and 1904 he was hired by the Utah Fuel Co. as a mine guard and held a commission as a deputy sheriff for some time.

In 1907 he shot L. C. Reidel, a coal miner, at Helper. He was never. prosecuted for this.

In 1906 Tom Kelter, a conductor on the Denver & Rio Grande Railroad, was elected sheriff of Carbon County, and he made up his mind to get rid of "Gunplay" Maxwell. Maxwell had organized a gang and was hanging around Helper. Sheriff Kelter learned of a plan of Maxwell's to rob the bank at Green River on July 9, and work on his counterplot began at once. He came to Salt Lake and engaged Ed Johnson as deputy, and also engaged John MacQuarrie, another deputy, of unquestioned courage and skillful with a gun.

In his plan to rob the bank Maxwell had enlisted the aid of five men, four of whom were known to the officers.

The plans of Sheriff Kelter and his deputies to capture the gang were spoiled by an accomplice of Maxwell's now living in Green River, who warned Maxwell that a close watch was being kept, and that their plans were probably known. Maxwell left for Ogden, where he remained with his second wife, Mrs. W. H. Seman, as she calls herself. Funds were apparently low, as Maxwell pawned the woman's jewels, on which he realized nearly $400, before starting for Carbon County again. This time he planned to hold up the paymaster of the Kenilworth mine.

On Saturday afternoon, when the paymaster rode through Spring Glen on his way to Kenilworth, he was accompanied by a strong guard under the leadership of MacQuarrie and Johnson. Maxwell and a partner were provided with horses and hidden behind a shack along the road near the water tank halfway to Kenilworth when the paymaster and his guards passed. They sized up the party and evidently concluded that it was too big for them, allowing the men to pass, believing they had not been seen. Maxwell's partner on this occasion was a heavy built man who is not known in the vicinity of Price.

About ten days ago C. E. Davies, who has been implicated with Maxwell in a number of "expeditions," and who was ordered to leave the country for his connection with Maxwell when the bandit shot L. C. Reidel at Helper two years ago, appeared at Price and began making inquiries concerning Sheriff Kelter and his "gunmen" deputies, naming MacQuarrie and Johnson. Davies remarked that he had heard that both MacQuarrie and Johnson were bad men with guns, but that Maxwell would be in Price on Thursday and make short work of Kelter and his gunmen.

On Monday morning, the day he met his death, Maxwell appeared in Price, saying he had walked in from a sheep camp. He immediately began to load up on Price whisky, telling what a bad man he was with a gun. To demonstrate his fierceness, he accosted two traveling men, and at the point of his revolver he compelled them to enter a saloon and buy drinks. Sheriff Kelter ordered his deputies to arrest Maxwell, and when the deputies approached him Maxwell said to Johnson: "You are the I'm after," at the same

time pulling his gun.

Johnson and MacQuarrie fired at the same time, the balls from their guns entering Maxwell's breast and going clear through his body. The ball from Maxwell's gun went through the lapel of Johnson's coat. Men who were watch

ing the affair from across the railroad track saw the dust fly from his coat and saw the tear in his back as the bullets passed through his body, and also the spatter of dust as the spent balls were embedded in the ground.

DREW EXHIBIT NO. 1.

ADDRESS BY JOHN A. MOFFITT, COMMISSIONER OF CONCILIATION, UNITED STATES DEPARTMENT OF LABOR, BEFORE THE AMERICAN ERECTORS' ASSOCIATION, AT PITTSBURGH, Pa., on MARCH 9, 1915.

MR. CHAIRMAN AND MEMBERS OF THE AMERICAN ERECTORS' ASSOCIATION:

As my card would indicate, I am representing the United States Department of Labor. On or about the 27th day of February, Mr. Secretary Wilson of the department was advised that a strike in the oil fields of Oklahoma and Texas, involving approximately 1,000 men, was in vogue, and he was petitioned by the officials of the Brotherhood of Boiler Makers and Iron Ship Builders, requesting that he use the good offices of his department to bring about an adjustment, if possible, of the strike.

The Secretary was advised that the members of the American Erectors' Association met frequently in the city of Pittsburgh, at the Fort Pitt Hotel, and he directed me to come here and take this matter up with you gentlemen, to see if something could not be done; and if there was not some general grounds upon which you could meet the representatives of the boiler makers, looking toward an amicable adjustment of this strike.

I may say in passing, that upon my arrival here I discovered that no such an association was meeting at the Fort Pitt Hotel, and then I ferreted out one of the local representatives of the boiler makers, and requested that he furnish me with a list of the names of the members of the association. Among others, he gave me the name of Mr. Hughes, of Warren City. I think it fair to Mr. Hughes to state that I wired him on last Friday. The contents of the telegram, as near as I can remember, was where and when, at the convenience of Mr. Hughes, I could converse with him on matters in connection with this strike. Having received no reply from Mr. Hughes, I called him by phone. Mr. Hughes informed me over the phone that he had received my telegram, but was rather embarrassed upon its receipt, because there was an understanding with the members of your organization that matters pertaining to the strike of the boiler makers could be taken up only by the general membership of your organization and not by an individual member; and in order to live up to the understanding of the organization he did not care to discuss with me the merits or demerits of the case. I told Mr. Hughes that I appreciated his position, and that he was justified in the position he was taking. He gave me the names of the officers of the organization, and I went to the Petroleum Iron Works and met Mr. Todd. Mr. Todd advised me of this meeting to-day.

I do not know that I have anything to say other than that the general officers of the boiler makers have informed Secretary Wilson, and the Secretary has so informed me, that they are willing to make any honorable settlement that will be beneficial to both sides, if a conference can be brought about between representatives of your organization and a committee of their organization.

I understand that the members of your organization made contracts with their men who work in the field, and they agree that these contracts from time to time are violated, and by their men. They said that the only way they could obviate difficulties of that kind in the future would be to have an agreement with your association and their national organization, instead of with the men in the field; they had in mind when they made this suggestion that in the past they had agreements with the members of your organization and that the agreements had been violated, and by the men that made the agreements; that is, their own men; they admit that they are guilty of violating these agreements, but they said that the only way that such violations could be obviated in the future would be to have an agreement with your organization and their organization, and not with the men in the field at all; they said that in making an agreement with their organization that would be mutually beneficial, in the event of men in the field violating any of the provisions of

such agreement, they would, by their own act, deprive themselves of membership in their organization. These were some of the suggestions they made to get a conference.

They further agreed that a man in New York by the name of McCarthy, business agent of the boiler makers, raised considerable trouble between the boiler makers and their employers, and did many nasty things that were very displeasing to the manufacturers, and that the manufacturers were right in being displeased with the attitude of this McCarthy; that this McCarthy has been disciplined to the extent of putting him out of their organization altogether. Other matters, minor in detail, were spoken of in connection with the system that was in vogue in the oil fields of Oklahoma, some of which the Department of Labor did not approve of, because they believed them to be against public policy, such as to tax a man for the privilege of working, commonly known as permits. I questioned the men to some extent on this proposition, and they agreed that I was perfectly right about this, and if they can have an agreement with your organization instead of the men in the field, that this system will be entirely eliminated.

In a general way this is their proposition, made to the Secretary, and the Secretary directed me to come here and repeat it, and see if something could not be done to bring about a settlement of the strike in the oil fields, which must be distressing to women and children.

In talking with Mr. Todd, he has his grievance, and justly so, I believe. I want to tell you, gentlemen, that I met some of the boiler makers last night, and I went over some of the matters Mr. Todd discussed with me, and they plead guilty. There is no argument they could advance to justify them in the matter.

I learned that they have somebody furnishing them with what they call "bootleg whisky" in the camps. This proposition, it seems to me, would be a means of inciting the minds of the very best-balanced men, if the character of the stuff is as it was described to me. An elimination of this “bootleg whisky," as they call it, I think would bring about peace in the family of manufacturers and boiler makers.

But these are all matters that, if you can see your way clear to meet a committee of the boiler makers, can be taken up and satisfactorily adjusted. They did not volunteer all this information; it was brought out by questioning them. This, gentlemen in summary, is my purpose here. If there are any questions you desire to ask, I am here to answer.

DREW EXHIBIT NO. 2.

[National Erectors' Association, 286 Fifth Avenue, New York.]

Mr. HARRIS WEINSTOCK,

NEW YORK CITY, May 20, 1915.

United States Commission on Industrial Relations,

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Shoreham Hotel, Washington, D. C. MY DEAR MR. WEINSTOCK: I inclose you page 3431 of the Bridgemen's Magazine for May, 1915. The article entitled Unionist compares wages " contains a comparative statement of wages in the different building trades in the year 1898 and in the year 1915. It is interesting in connection with the statement of Mr. Johannsen that the wages of the ironworker before the union was organized was only $2.50 a day and that the union had brought about the subsequent increases, the inference being that the $2.50 rate, being under open-shop conditions, was unduly low.

This statement shows that Mr. Johannsen was correct in saying that the rate in the early days was $2.50 a day (or $15 a week). It also shows, however, that this rate of $15 was equal to the wage paid in 1898 to the carpenter, the hoisting engineer, the lather, and the electrician, and was in excess of the wage paid the building excavator, the hod carrier, the cement worker, the elevator worker, and the painter. Nearly all of these were, of course, strongly organized long previous to that time.

It thus appears that the open-shop ironworker in that early day was receiving a wage equal to the union man in other building trades, and that his wages of

1 Submitted in printed form.

to-day, after eight years of the open shop, have, as stated in the article ($27.50 a week) maintained the same proportion of increase as the rates in the trades that have been upon a continuous closed-shop basis. As this statement is published in the last issue of the official organ of the ironworkers' union, I consider it fair evidence.

Yours, truly,

WILSON EXHIBIT.

WALTER DREW, Counsel.

[Department of Labor. Office of the Secretary. Washington.]

PRELIMINARY REPORT OF COMMISSIONER OF CONCILIATION.

MARCH 12, 1915.

Re Boiler Makers v. American Erectors' Association. Mediation requested by boiler makers. Commissioner, John A. Moffitt. Date of assignment, March 2, 1915.

To the honorable the Secretary of Labor:

For your information I have the honor herewith to submit a preliminary report of my efforts as commissioner of conciliation in the strike affecting one thousand (1,000) boiler makers in the oil fields of Oklahoma and Texas. Questions involved: American Erectors' Association declared for the " shop" January 18, 1915.

Number of employees directly affected, one thousand (1,000).

open

Status of negotiations prior to arrival: Officers of Brotherhood of Boiler Makers requested a conference with American Erectors' Association, which was refused.

Conferences held at Pittsburgh, Pa.; Youngstown, Ohio.; Sharon, Pa., with Joe Franklin, representing boiler makers, March 3, 4, 7, 1915; James Sause, representing boiler makers, March 3, 4, 7, 1915; Mr. Todd, representing American Erectors' Association, March 5, 6, 7, 1915; Mr. Hughes, representing American Erectors' Association, March 5, 6, 7, 1915; and meeting of erectors' association at Pittsburgh March 7, 1915.

Status of conciliatory efforts, briefly stated: Erectors' association will employ the men on strike if they wish to return to work and under the same conditions that prevailed anterior to the strike; i. e., union wages and hours, and will not question their trade-union affiliations.

Remarks: Your representative recommended the acceptance of the above to the officers of the union, and the same was taken under advisement by them. Respectfully submitted.

JOHN A. MOFFITT, Commissioner of Conciliation.

Hon. W. B. WILSON,

[The Reeves Brothers Co.]

ALLIANCE, OHIO, March 20, 1915.

Secretary of Labor, Washington, D. C.

DEAR SIR: We inclose herewith a letter from Mr. Walter Drew, counsel for the American Erectors' Association, o fwhich we are a member. We indorse what Mr. Drew says as covering the situation quite fully. Yours, very truly,

THE REEVES BROTHERS Co. By GEORGE REEVES,

President

[National Erectors' Association.1

286 FIFTH AVENUE, New York City, March 16, 1915.

To the members of the American Erectors' Association.

GENTLEMEN: I have received a copy of the remarks of Mr. John A. Moffitt, of the United States Department of Labor, made to the association members on March 9. It is my judgment that Mr. Moffitt has greatly strengthened your position, and in fact made it practically indefensible. He states that he has

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