New-York tribune., 1902-12-16
NOT TO CONSIDER TRUSTS
Judge Gray Says That Question Is
Not Before Strike Commission.


one important witness tomorrow morning Inc
afternoon session was one of the most important
sittings the commission has yet held, because
the question of whether the close relationship OF
the coal carrying railroads with the nihihs
companies shall figure in the commissions Ell
fort to adjust the controversy came squarely pe-
lore the arbitrators. The decision of the COM
mission. if Chairman Grays remarks can De
so called was, briefly, this:
That the commission in general way Is tange averse
the terms Of the submissions of the miners ana the
that sas the IN coal Companies can afford pay
fair wages. that if the coal companies IN present.
not a ford to give an increase in wages. then the
commission win hear what the miners G m naNe end d thai
if business cannot pay fair wages the eihployer
ought to get out OF IL
These points were brought out in the two
hours consumed by the miners lawyers in
reading documentary evidence, to the whole OF
which the coal companies entered specific and
general objections.
The early part of the afternoon session was
taken I'D in hearing the testimony Of witnesses
who are or have been in the employ OF lhe
Philadelphia and Reading Coal and Iron COM
Dany after which Mr.. Darrow announced the
close of his case, excepting that ne would can
one witness tomorrow on a subject entirely
different from anything that has peen pre-
scented. For the REMAINDER oL tiiC "AeSiAAOO--'
he said. he wanted to present documentary
evidence showing the relationship between the
railroads and the companies. and numerous
other matters pertaining to the anthracite IN
dustry: Continuing, he said:
We NAV want to ask the railroad presidents
when get them before this v IeaHe t6at o1es
ton it Is. We may or may not want u aSh H.
Judge Gray replied:
Well Of course will have to make our de-
cisions when questions of that kind come ee10 & g
The scope of our inquiry Is 10 6at2an en- the
eide upon the matters in controversy DetMsSh IL tte
anthracite mine workers and the operators VINO VINO
have signed the letter Of submission or those VINO
have intervened since Inc queoclUHi 80 % II 80
ence of a coal trust cannot be investigated mere
James H. Torrey, for the Delaware and Hud-
son Company. said that the companies did not
want to go into their case. and then, after
while have the miners come on with some
ia bles or call coal presidents or railroad presl-
dents or do something else that would start an
issue that the companies would have to go
back and meet.
Judge Gray said:
It that this commission vii &C. consider that
It has quite enough to DO to decide the lrporsHt tan
without deciding anything until 1t IS actually be
ION that we shall be averse to widening the scope
of this iuve sigation beyond the terms 0t ire SUP
mission.
Mr.. Lloyd was permitted TO proceed to the
reading or the Win t4c iS'iiN - O'A'
Chairman Gray that You may submit them to
us. but do not think that the commission
would care to go into the relations between the
coal carving roads and the mine companies
unless YOU can show something more directly
bearing upon the matters have in contro-
versy."
Mr.. LLOYD read several reports Of legislative
and Congress Investigations OF the mining IN
dustry. and followed this by reading from fnan-
ciaI and trade journals reports of the roads
and mine companies, and public announce
rnents Of financial institutions. to show that
monopoly exists in the anthracite industry He
submitted five points as follows:
First-The ownership by certain railroads OF e1-
tensive mining properties in the anthracite helds
Second-That men who are directors in one min min
Ing company are members OF boards OF oiieo'otS
OF railroads and other mining companies. III
Third-Joint resistance by the coal carrying ran
roads 70 the Individual operators building an In
dependent railroad 10 carry their product at rea-
Fourth-The community Of interests Of the coal
carrying railroads and the mining companies.
coal by the coal carrying railroads
This brought Mr. Lloyd to the point where
he wanted TO show the exorbitant freight rates
charged by the companies, and specific once
tion was promptly entered by Simon T. WolVer-
ton counsel for the Reading Company. AS two
OF the commissioners had temporarily left the
courtroom, Chairman Gray hesitated to make
ruling on the objection. and asked Mr.. Lloyd to
read something else for the time being.
At this suggestion Mr.. Lloyd began to present
evidence relating to the profits of the coal
CARRYING railroads and the mining companies.
He was instantly stopped by Mr.. Wolverton. A
long colloquy ensued over the question of
whether the freight rates and the profits of the
two classes of companies could be properly con-
sidered by the commission.
Chairman Gray did not think so, while ex-
Congressman Brumm. one of the attorneys for
the miners argued that these subjects
proper matter of inquiry, as the coal companies
and the railroads We're one and the same: that
freight rates were much higher for anthracite
than for hitumuous coal. and that the profits
of the coal companies did not show their
books but instead of those of the railroad COM
panes 1T is a case of ronbing Peter to pay
Paul" he said.
During the discussion Chairman Gray made
his announcement that the commission was as
suming that the operators could pay a fair
wage and that if employers could not pay fair
wages they ought to get out of the business.
Mr.. Lloyd accepted this. saying that he would
go no further; that the principle thus laid
down by the commission would be welcomed
nv the workngmen of the country and set a
precedant If that principle were carried out,
he said no employer in the country could,
when his profits were low, decrease work
mans wages below the standard of fairness
After the witness for the miners testifies to-
morrow Mr. Wolverton will open the operators
side of the by making an address which
contains the views of all the coal companies.
At the morning session several children testi-
fed that they obliged to go to work to
heIp support their families. One girl, eleven
wears DID, said that she had to go to work be-
cause her father had been hurt in the mines.
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