The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1871-04-28
The Coal Troubles,


pointed board of arbitration. compos-
ed of twelve persons, six selected by
each interest, the board met and pro-
Gee led with the business for which they
were appointed. Hon. WIN. ELwELL,
of Bloomsbury, was unanimously elect
cd umpire, whose decisions were to be
final. A set of propositions were pre-.
sented and referred to tho umpire, who
promptly gave the following decisions
on the several points presented, viz:
First-The right OF an owner or lessee
and operators of colliery to the emit,
and exclusive control and management
of his works Is guaranteed to him by
the law, of the land, and is of such an
unouestionable character that it ought
not to be interfered with either directly
or indirectly.
Second-The umpire concurs with,
and adopts as q correct statement of the
law that part of the late proclamation
of the executive of this commonwealth,
when he says that it is unlawful for any
persons or association of persons, by vi
olence, threats or other coersive means,
to prevent any laborers or miners from
working when they please, for whom
they please, and at such wages rs they
please, and alike unlawful by such vio-
lence or threats to deter or prevent the
owners or operators of mines from en-
ploying whomsoever they may choose
to employ, and at such wages as may be
agreed upon between the employers
and the persons employed.
Third-It is the undoubted right of
men to refuse to work except upon such
terms ss shall be agreeable to them, but
a general understanding that no person
of particular association of laborers
shall work for any operator who has In
his employ q member of such associa-
tion who has not paid his dues to the
association, or who does not belong to
such association, is contrary to the pol
icy of the law, and subversive of the
best interests of the miners and their
employers. An association may inflict
fines upon its members for breach of its
bylaws and expel for non-payment,
but it has no right by combined action
to place the defaulter in the light of an
outlaw in the transaction of business
with others
Fourth-The umpire decides that it Is
contrary to the spirit of the law, as
stated secondly above, for body OF men
| to agree not to work because their en-
ployer refuses to employ particular
person, or because he has discharged
| such person. If such case arises where
| the act of the operator is deemed to be
oppressive, and he refuses to redress
the wrong, it is proper one for local
arbitration, by which, In most cases,
the difficulty could be properly settled
without the disastrous consequences
arising both to employers and employed
by strike even at one colliery.
Fifth-As persons of sound mind and
| competent age are permitted by law to
bargain for themselves, their contracts
in regard to labor at the mines should
be held as sacred as other contracts, and
should not be annu)led or set aside in
any manner different from that pro-
vided for other cases. Interference by
persons not parties to the contract is not
to be tolerated.
Sixth-Operators ought not in an any
manner to combine against persons who
| belong to the Miners and Laborers
| Benevolent Association Any operator
| who refuses to employ person because
he is so connected, or who shall dis
charge him for that reason, would there
by give good ground for censure, and
| for other members to refuse to work fol
him.
| Seventh-No member of the Miners
and Laborers' Benevolent Association
ought to be deprived of work because
of his being selected by his branch tC
perform the duties mentioned in section
2, article 16, of the bylaws of that as
sociation. if his duties are performed in
the manner therein mentioned.
Eighth--In regard to the right claim
ed by the miners to cease work when
they see cause, whether in n body ol
otherwise, it is impossible to lay down
any rule, and / am not aware that it is
expected ofme to do so. But | may be
allowed to recommend that after re-
sumption again takes place, and bust.
ness is again moving in its accustomed
channels, immediate steps be taken to
provide for the adjustment of difficult
ties, if any shall arise in future, before
they reach the disastrous proportions OF
those which now atllict not only the
laborers and operators, but the whole
country.
Ninth-Wheneve it is stated in thu
foregoing report that an act is unlawful
is oensurable or oughtnot to be, it is tC
be understood in the same manner as i
the umpire had awarded that such ac
shall not be done nor allowed by eithe
of the parties represented in this arbi
tration.
Upon this opinion being read, tn
board adjourned to meet at the call
the President. No agreement was ei
fected. It is probable now that loca
arbitration will be resorted to and prov
effective. The miners in several local.
ties have come to an understanding wit
their employers and have gone to work
The foregoing opinion of Judge Ell
WELL is concise and to the point. III
, has plainly stated the law applicable t
, the case. Whether the law be right @
wrong was not his province to decide
His business was to state what the lay
, is, and this he has done in such eXplic
, terms that no one can fail to understan
it. That he is right in his interpetri
tion of the law will not be questione
q by any impartial lawyer of standin
and character.
f For the sake of all the interests col
r cerned, Immediately and relatively,
|. is to be hoped that perfect agreemen
may soon be arrived at and operation
{ fully resumed.
ri LATEST.
:. A general disposition begins to maj
@ ifest itself amongst the miners to go
= work and the leaders of the w. B.
d working mems benevolent association
e will no doubt be compelled to yield
q the voice of their constituents. !
It many points work has already bee
y commenced, and at others, as at Ce
n tralia, local bodies of miners haye
II solved to accept the terms offered
d the operators as soon as a majority
l. miners accept them. We do not dou
a that the strike is practically at an el
he and that operations will be everywhe
ne resumed within brief period.
ct
d, If ignorance and whiskey" are e
On ments belonging peculiarly to the Del
s. ocratic party, how is it that the editt
to of the Williamsport Gazette & BWte
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