The Birmingham age-herald., 1902-12-16
MINERS HAVE
 CLOSED CASE Little Girls Tell Hearranding
 Stories of OVBrWOfk NEW QUESTION COMES UP
Commission Opposes Evidence Which Would Tend 10 Show Relationship Between Coal Carrying Roads
 With the Mining Companies.

 witness more tomorrow. At the afternoon session the question of whether close re- lationship of the coal-carrying roads with the mining companies shall figure in the commissions effort to adjust the contro- versy came squarely before the arbitra- tors. The decision of the commission, if Chairman Gray's remarks can be so called, was briefly this:
 That the commission in way is ad- verse to widening the scope of the inves- tigation beyond the terms of submissions of the miners and the operators. and that carrying on the investigation 1t assumes that the coal companies can afford to pay fair wages; that if the coal companies, in presenting their side of the case, main- tain they cannot afford 10 give an in- crease in wages, then the commission will hear what the miners have to say about the ability of the companies to do so, and that if a business cannot pay fair wages, the employer ought to get out of 1t.
 The mine workers presented evidence to show that the coal-carrying railroads control the coal companies, and that the railroads charge exorbitant and dscrim- atlng freight rates, thus greatly decreas- ing the revenues of the inning proper ties.
 Will Meet In Philadelphia.
 The commissioners announced at the opening of todays hearing that when they adjourned for the Christmas holid- avs it probably would be to meet in Fnil- adelphia the first Monday in January. Chairman Gray also asked both sides to expediate the presentation of their figures.
 At the afternoon session, after pre- senting a few remaining witnesses, MT. Darrow announced the close of his case, excepting that he would call one witness tomorrow on a matter entirely different from anything that has been offered"
 T will present table" he said show ing the fluctuations In the anthracite in- dustry as to the amount of mining in the past ten years, and the amount per man. We will claim, of course, that the last year Is not a fair citerion as to the amount of wages that a miner could earn.
 we may at some future time want to ask some questions about any combina- tions that may exist between various ralirOdQ pTeSlueulS When we get lHeH De- fore this commission"
 The Chairman: Well, of course, we will have to decide when questions of that kind come before us. The question of the existence of coal trust cannot be investigated here" ;
 Judge Gray then delivered his decision announcing the objections of the com mission to widening the scope of the in- vestigation beyond the terms of the sub- mission.
 Darrow Thinks It Generous.
 To which MT. Darrow replied he under stood the commissions authority allowed it to inquire into anything that would tend to the permanent settlement of the troubles. He thought the information about freights and connection between the railroads and the mine owners had direct bearing upon the case. At least one company" he said, ''has pleaded directly that they cannot afford to pay any more wages"
 MT. Lloyd of counsel for the miners then read Q syallabus of the documents he had to present.
 The first paper he started to read was an extract from the annual report of the bureau of statistics of labor and agri- culture of Pennsylvania for the years 1872 and 1873, showing that the organiza- tion of labor was made necessary by the previous organization of employers In the anthracite fields.
 Mir. Wolverton objected to the reading because 1t had no bearing on the issues as they stood today. MT. Lloyd was, how ever. permitted to proceed
 He submitted five points in evidence as follows
 1. The ownership by certain railroads of extens1ve mining properties in the anthra- cite fields.
 2. That men who are directors in one mining company are members of boards of directors of other railroad and mining companies.
 g. Joint resistance of the coal-carrying railroads to the individual operators building an independent road to carry their product at reasonable rates.
 4 The community of interest of the coal carrying railroads and their mining com panies.
 5 Constant acquisition of addstional un- mined coal by the coal-carrying rail- roads. A
 Exorbitant Freight Rates.
 MT. Lloyd then wanted to show the ex- orbitant freight rates charged by the companies and specific objection was promptly entered by Simon H. Wolver- ton, counsel for the Reading company. Two of the commissioners had tempor- arily left the court room and Chairman Gray asked Mir Lloyd to read something else.
 MT. Lloyd began to present evidence relating to the profits of the coal carry ing roads and the mining companies. but was instantly stopped by MT. Wolverton. Chairman Gray ruled that the question of freight rates and the profits of the two classes of companies could not be properly heard by the commission, and added that the commission was assuming that the operators could pay fair wage If employers cannot pay fair wages they ought to get out of the business
 MT Lloyd seemed to be satisfied with this view, and said:
 eff that principle is carried out no employer in the country could, when his profits were low, decrease a workman's wages below the standard of fairness"
 Chairman Gray further said if the com panes make the point that they caanot afford to pay an increase in wages. the