Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-11-19
GRAY CHECKS LAWYERS
Stops the Asking of Useless
Questions.
ONLY LOSS 0F TIME
MITCHELL CoNTIN UES TO HOLD
HIS OWN.
Commission Will Allow Non Union
Men to Be Heard as to
Their Case.

| SCRANTON, Pa, November 19-The an
! thracite strike commission resumed its
| hearing today with the usual large crowd in
| the court room. Before W.: w. Ross, coun-
! sci for the Delaware, Lackawanna and
| Western road, resumed his cross-examina-
| tion of President Mitchell, Chairman Gray
| for the commission, again asked counsel to
| assist in expediting the proceedings He
| said the commission was loath to interfere.
but they hoped that Mr.. Mitchell would not
| be asked to give his opinion of matters of
which he had no personal knowledge.
| Mr.. Mitchell, answering questions by Mr..
Ross, said that increase in wages with
| out adopting the Weighing system would
| not meet the demands of the miners. An
I eight-hour day would Increase the annual
| income Of the men.
| Mr.. Ross was proceeding to analyze the
| constitution of the Illinois branch of the
! United Mine Workers with relation to it's
| bearing the contracts with the bitumi-
| nous operators, when Judge Gray interrupt
| ed with an inquiry as to the object of this
| line of questioning Mr. Ross replied that 1t
| was for the purpose of showing that since
| the advent Of the union the bitumnous op-
orators have been unable to employ any
| man until he first joins the union He did
| not proceed further with the question
Taken in Hand by Mr.. Wolverton.
When Mr.. Ross concluded his examina-
| ton, Mr.. Mitchell was ross-examined by
| former Congressman Simon P. Wolverton,
| counsel for the Philadelphia and Reading
Coal and Iron Company.
Mr. Mitchell said 1t would be impossible
! to give in detail the conditions at each mine
| or even under each company. He also de-
clared that it would neither be possible nor
desirable to divide the United Mine Work
or int fyVn Sara TO Org fyot tirnc
| luminous and the other anthrn cite
THE anthracite Miners he said, have
had Independent and separate organizations
| in the past. They have had several of
! them. They have gone. They do not want
! any more of their organizations to go the
same way"
| The reply of Mr.. Mitchell excited some
| interest because of the fact that this was a
| suggestion made by Carroll D. Wright in
| his report of the strike TO President Roese-
| welt.
Mr. Wolverton's cross-examination occu-
| pied but five minutes. James H. Torrey of
Scranton, representing the Delaware and
Hudson Company, followed with a number
| Of inquiries on the subject of the riot that
occurred at Shenandoah.
Mr. Mitchell was emphatic in saying that
the reports sent cut were grossly eXag-
gerated and that but one life was lost. The
sherifs appeal to the governor for aid, he
said was overdrawn
Individual Operators Want Chance.
The individual operators, who have not
| up to the present time pressed their case
before the commission, through one of their
attorneys, Ira H. Burns of Scranton, in
quired of the commission II they would be
given the opportunity to examine witnesses
when questions arise which are different
| with them than with the companies. Judge
Gray answered that they would.
Mr.. Mitchell, IN reply to Mr.. Burns, said
that when a man strikes he does not vol
unfairly give up his job, but he strikes for
an improvement in the conditions OF his
| job. If he wins he gets back the position
| If he loses he goes back with his hat in his
hand and asks for job. Judge Gray here
interrupted to explain the understanding Of
the commission with respect to the return
| ing to work of men who had been on strike
| He said Il think the understanding is that
pending the consideration of questions by
| this commission, the strikers were to re-
| turn Immediately to work. and l think
the further understanding is-don't let me
| be misunderstood - that the non union
| men should not be interfered with nor dis
placed from employment generally by the
return of the union men,"
Mr. Burns was examining the witness re-
gard1ng unlawful acts committed during the
! strike, and had asked Mr. Mitchell If he
| approved Of them when Judge Gray stop
| ped him. and said that nothing could be
gained by asking the question, because the
| commission had a moral sense OF its own.
which, he presumed, agreed with the moral
| sense of the community and society.
Declaration by Mitchell.
| Mr.. Mitchell declared with emphasis In
| the course of subsequent examination that
| the miners will carry out to the letter the
| decision Of the commission "or go out of
| our union.'
| Judge Gray then announced the decision
| of the commission in the matter of applica-
| ton of John T. Lenahan and John I.
O'Brien, attorneys for the non-union men,
| to appear in the case. In the light OF all
| their claims, said Judge Gray, they would
be allowed to appear, but the commission
could not consent to the Withholding from
| the public of the names of the non-unlon
men, as their attorneys had desired After
| Mr.. Lenahan assented to this. Judge Gray
announced that the commission would see
| that no unfair use would be made OF its
| names.
Mr.. Darrow insisted that Messrs. Lena
| han and O'Brien really represented the
operators and not the non-union men.
| Whether they be here in. that way or
| not" Judge Gray quickly re4,lied they
| vestigation, men who work for their living
| and who are interested In the findings OF
| this commission. We have considered that
very carefully from all Sides"
He then directed the attention of counsel
| for the Independent coal Operators to the
| fact that the answers to Mr.. Mftchells de-
| mands had not been signed. This. 1t was as
| serted, was an oversight which would be
corrected.
A brief redirect examination by Mr.. OAR
| row brought out no. new Information.
Anent Child Labor.
Responding to a request from Commits
| sioner Watkins for suggestion as to what
| should be done In the matter of child labor,
| Mr.. Mitchell said that law should be en-
| acted providing that after certain time
| children under fourteen years of age should
| not be employed in the breakers. The only
| way now that the operators could prevent
the evil would be to refuse to employ chill
/ drel. until they are fourteen years old. 1t
frequently happened he said, that parents
sWor. falsely regarding the ages of chill
| dren
The miners president, after being under
the cross-examination of more than half
dozen LAWYERS for four and half days,
| then left the witness stand.
/ John j. Murphy, counsel for the union
read the PENNSYLVANIA statutes requiring
tn measurement of coal by weight, which,
| ne SAID; ne wanted to put into the record.
the Rev Peter Roberts, D. D., of Ma
hanoy City. who is the author of book on
the anthracite coal industry, took the
l h1A ~