The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-11-20
BURNS BRINGS UP
A NEW COMPLICATION
Continued from Page 1.)

| and that they will feel themselves com
PEELED to consider the whole question II
the light Of the varying aspects of II
| that are brought into 1t by the individual
operators. The only thing that the com
mission have intimated is not that thes
were tired of the special testimony thai
has been brought out but that W,
thought 1t was about time that we wer,
getting at some of the testimony tina
| bears more nearly now--after having
| heard the general statement-that bear.
more nearly upon the work we have II
hand and the very grave duty that Il
imposed upon us by tho submission o
the two sides to this controversy; but We
are willing to hear the operators wht
| are parties TO this controversy, BY theil
| counsel or representatives, at any time
only suggesting and hoping that. so fai
as this witness Is concerned, they viii
consider the great length at which hs
has been examined. and whether there
is anything more to be interrogated Of
him that it can be profitable for thi
com mmission TO hear.
Mr.. Burns There is only one question
| that should like to ask Mr.. Mitchell, or
point that j do not think has beer
suggested before. That is. should like
to ask Mr.. Mitchell what he considers
the definition OF miners job.
@. think you have referred to or used
the term miners job not as to what
he works at, but as to his title or claim
to n particular place. when he has not
been working there for time. or when
he has been on strike. and comes back
What is the meaning of the words
miners job in that light?
A. Oh, I think that the general or usual
accepted term would be the job that he
left when he went on strike.
Does Not Surrender Claim.
Q. What ] want to get at particularly
is, what is his title to it? Is there any
vested right? For instance, a few weeks
before this strike, miner was employed
who went to work. Tn a couple of weeks
the strike occurred. and he left. He was
paid in full by the company for his ser
vices and all relations with them appar-
entity terminated. After a time the COM
pany put non-union miner in that
chamber where he had been. When he
comes back. he complains and says:
Here Is another man who has got my
job, and T want the union to take some
steps in regard to it, and I want to get
my job back" Why does he say his job.
when he has voluntarily abandoned 1t,
and received his pay and the accounts
are all squared between him and the
company?
A. Well, when a man goes on strike he
does not surrender his claim for re-em-
ployment the same as he would If he
absolutely quite work when there was no
strike and left the employ of the COM
panY A man is on strike for better
wages, or to get some Improvement in
the conditions of his employment. better
wages for the particular employment he
was doing. or for Improvement in the
~l<,,,
ing. He never surrenders absolutely his
right to that employment because he is
striking for it back. He is striking to
get back to work at higher rate Of
wages or under improved conditions Of
employment.
Q. You speak about a surrender of his
right What right Did the company
employ him for a year or two years? Is
there any contract between them that
cannot be terminated by either at any
time? and when they have terminated It,
when the miner stops working and tho
company pays him for all the work he
has done, is there anything left to sur
render?
A. Legally. he has no claim on the
company. Morally. I think he has. OF
course. ii is true that men, under the
usual conditions. have no claim, no rights
III employment That right the employ
ers exercise. n man has the right to
employment. as things have been, If the
operators wanted to give him employ
ment; but we believe that when this
strike ended. ending under the conditions
it did.-ending practically by both sides
stopping fshting-a cessation of HOSTILE
ties, that the conditions should have
been re-established that prevailed prior
to the inauguration OF the strike: that is
TO say, the men should be permitted to
return to their old Jobs. AS for the nom
union men who had taken their places,
we do not ask for their discharge but
there was any amount of room for them.
dare say that the anthracite mines to-
day could employ ten thousand or fifteen
thousand men. There are that many
that have not come back to them who
went away. The non-union men that
have had our mems jobs might have
been moved into the positions that We're
vacant--that is TO say. jobs that the men
did not return to take.
The Absolute Rights.
O. am not asking YOU as to the re
lations between the companies and the
union miners. I am asking you as to
the absolute rights you seem to infer, i'm
some of the answers You have made to
the ouestions-you seem to have inferred
that there was some mysterious or un-
defined absolute right which the miner
had to come back TO work for the COM
pany again. Now, 7 will suppose a lit
tie further. Suppose, when your union
men left the employ Of the ID. and Fl.
or the d., l.. and W.. those companies
had succeeded in filling every chamber
in their mines with non-union men.
Would YOU still consider that you had
right to come back, and to keep this
strike going as to the whole region I'M
Ill the d. and II. and the D.. l.. and W.
ouste0 their n-union miners and put
your men back in their places"
A. That would depend absolutely on the
conditions under which the strike ended.
If the strike We're defeated. If the men
back, just as they usually do. They
would go back, hat in hand, and ask for
their job.
Q. DO you understand that under this
submission to this commission the right
Is reserved on the part of the employers
to retain the non-union men that they
already have, ~ is 1t you contention that
when contract is made with you--if one
Is made-lhat all the miners or men em-
ployed shall be members of Your union?
A. OF course, ! should not presume to
intimate to the commission what The pro-
visions OF the contract they shall recon-
mend will be, If they recommend con-
tract or award a contract. but l under
stand the companies have said that they
WOHlu iieii' MAJ
Is TO say. they would not submit the
right of dischaIging their men. We have
not asked for it. We do ask, and will
ask, the commission to restore our people
10 their positions. We have not asked
that the non-union men be discharged
from the employ of the companies. There
will be any amount of work for them in
The mines.
q. That does not exactly answer my
question, What l want TO know now Is,
suppose that one of the individual opera
tors has half of his chambers filled now