The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-11-15


It not, Mr.. Mitchell2
A. Yes, sir, and that is what IL means, 4
because In our organization the president
of the organization determines what the
law means, and a decision as to what the
law means in our organization makes 1t
the law. That is the laws are inter-
preted in that way.
q. SO that as you testify. the law is be-
| ing made, Is 1t?
A. have just given you what that law
| means.
Q. Yes, so that as you speak. the law Is
| being made, as YOU are president or the
organization? Laughter).
A. No, not necessarily: but the construc-
| tion or meaning of our own laws Is deter
| mined by its chief officers.
Q. Does the constitution give them any
| such power as that? A. Yes, sir. q.
Where is that? A. Under "rhe duties of
| the presidents" q. Can you point that
out to me? A. See IL you find this Ian
| guage: "He shall decide all disputes as
| to the meaning of this constitution"
The Chairman: Perhaps you can take
| the constitution. Mr.. Mitchell, and point
| 1t out to the commission
Mr.. Mitchell: Yes; I have 1T here,
| think.
Mr.. Darrow: The portion of the consti-
| tuition you are looking for is at the bot
| tom OF page 6. or the top of page Z,
think, Mr.. Mitchell.
Mr.. Mitchell: Yes: / find, Mr.. Wilcox.
that you have not been reading from our
| constitution.
BY Mr.. Wilcox: / have not had the
| pleasure of having one furnished TO me.
| Have you 1t now? A. Yes. O. The one
| had is not up to date? A. No: ] Will
furnish you with one Of our constitu-
.tions as soon as I can get some copies.
| Q. Have you the right place? A. 1t
| reads: 'He shall devote his time and at
tention to the affairs of the union decide
all questions in dispute concerning the
| meaning Of the constitution, and exer-
else the duties of the president.
BY Mr.. Wilcox: Q. Suppose man
| violates an agreement. and the constitu-
| tions contains no provision regarding his
| expulsion for that reason, do you think
| that would constitute dispute arising
! regarding the terms of the constitution,
| which you would have the power to de-
eide? A. IF a person had violated this
| law. do you mean? Q. IL person had
not violated the constitution. but had
violated an agreement. A. If he had rio-
| lated an agreement we would have au
| thority to turn him out q. You think
| you would? A. Yes, sir. Q. Although
there is nothing of the kind in the con-
| stitution except that you have the right
to decide disputes as to the meaning Of
| the constitution? A. Yes. sir. But he
would not be turned out because the
| language OF the constitution provides for
| his punishment in that way. We would
| do 1t because that is the established
policy of the organization. as it is of
| nearly all trade unions. q. Well. 1t Is
outside the constitution then. is it not?
| A. Usually the process of enforcing the
agreement Is a part of the agreement
| itself O.. The constitution contains no
| provision to turn q man out because he
violates an agreement. does it? A. Not
specifically, but It does confer power on
its officers to exercise supervision under
| it @. To decide disputes as to its mean
ing? A. Yes sir.
Q. Now you remember the indianapolis
convention>of July Is. 1902?
| A. Yes, sir
| q. That was called for the purpose of
determining whether there should be a
| national suspension of coal mining, was
1t not?
A. Yes. sir.
@. And it had the power to consider
that?
A. 1t had the power to consider It; yes,
| sir.
O. And the bituminous miners could at
any time order strike in the anthra-
cite region, although none of the anthra-
cite miners wanted it. could they not?
A. They could not do so without vio-
latng their agreements.
| @. No. but L do not think you catch
| my question. I say the bituminous
|
thracite regions although the anthracite
people did not want It?
| A. No. sir.
O. Why not
A. Oh, no. A convention Of bitumnous
men could not order strike OF anthra-
cite men.
@. i am asking about the national con-
vention.
A. A national convention would have
authority 10 determine that there should
be national strike.
| .. Yes.
A. But they could not do that where
they had agreements.
Q. Although the anthracite people We're
opposed to it. the bitumnous people
might enforce il?
A. They could not make man go and
strike. U.aughter)
At this juncture recess was taken for
luncheon.
The cross-examination of Mr.. Mitch
ell was resumed at 2.lO without any
thing intervening.
BY Mr. Wilcox:
Q. Taking up for a moment what We
were at when the commission took re-
cess do you remember publishing a state
ment of this character on or about May
l6 1902, i'm reference to the Indiana polls
convention, referring to the proceedings
of the Iiazleton convention of May to
which you testified at this mornings ses-
sion; that the convention directed the ma
tional officers to call for national con-
vention of all miners employed in the
United States for the purpose of consider.
ing the situation in the anthracite fields.
CReading) 'lf the desire of the anthra-
cite miners Is sustained a national Sus-
pension of coal miners will be inaugural
ed" That was signed by yourself. Do
you remember that? A. recall the state
pent substantially as You read it; can
not say that is the language of my state
ment.
q. That is substantially the language? !?
A. That is a newspaper statement, l be-
lieve. @. read that from the Scranton
Tribune. A. Yes, 1t may be exactly cor
rect. / do not recall the exact language.
I had copy OF 1t, however. Q, 1t pur-
; ports to be signed by you? A. AS / say,
1t may be correct; am not sure of il. q.
: AS I understand it. the workers in the
bituminous field are under contract? A.
Yes, sir. q. And YOU say those contracts
are superior to the constitution? A. Yes,
sir. q. How, then, could that convention
have considered the question OF inaugur-
ating a national suspension A. 1t did
not inaugurate a national suspension Q.
Excuse me until l finish my question,
(Continuing). If the majority of the
members were under contract and the
contracts prevail over the constitution
how could 1t consider the question at all?
A. 1t did not consider 1t. because by a
unanimous vote 1t decided they would not
inaugurate a national suspension. Q. But
your call says IL Is going to consider 1t? A,
1t has right TO meet under our law for
| the purpose of considering; but under our
agreements they could not call a national
t suspension, and they did not do it for
that reason.