The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-16
The Legal status Of the Anthracite
Strike Commission.

In the statement which Mr.. JOHN
MITCHELL made TO the Anthracite Strike
Commission on Friday, we find the follow
ing assertion in regard to the achieve
ments of the organization Of which Mr..
MITCHELL lie the leader:
1T was the United Mine Workers of America
ths, conferred with the President Of the United
states In relation TO the submission OF the issues
involved in tn. coal strike TO this Commission: 1t
was the United Mine Workers Of America that was
requested BY the President to end the strike; 1t
was the United Mine Workers Of America that de
clsred the strike a, an end 1t WAS the United Mine
Workers OF America that sent the men back 10 work.
and II Is the United Mine Workers OF America that
Is pledged to accent the award OF this Commission
This declaration is based upon n mis-
apprehension in regard TO the proceed
ings which resulted in the appointment
OF the Anthracite Strike Commission.
1t assumes that the arbitration possesses
an official character sanctioned by law.
Such assumption is very far from the
truth. When Mr.. MITCHELL says that II
was the United Mine Workers of America
that conferred with the President of the
United States, he is laboring under a
grave mistake. if he means that the
President of the United States. as such,
had any part in the conference. THEo-
DoRE ROOSEVELT the citizen who now
occupies the Office of President Of the
United States, did initiate and participate
in the conference which resulted in the
arbitration agreement; but it was not
in his capacity as the Chief Executive
OF the nation. In that capacity he had
absolutely no right or power TO act as
the promoter Of arbitration,
Mr.. MITCHELL doubtless speaks cor
rectly when he claims that he acted in
the negotiations as the representative of
the labor organization known as the
United Mine Workers of America; but
the claim and the manner in which it is
put forth suggest the importance Of
clear understanding Of the legal status of
the Anthracite Strike Commission. The
plain truth is that the Anthracite Strike
Commission has no legal status at all.
THEODORE ROOSEVELT as President Of
the United States, had no authority to
dpDOHt II. III IIahlHk tilV
he acted as an individual and not as
President. These appointments might
just as we'll have been made, so far as
official character is concerned, by a
person holding the Office Of Coroner or
game warden. Nor do the members of
the Commission act officially in passing
upon the matters submitted for their
determination. They have no power to
enforce the attendance OF witnesses, or
to examine witnesses under oath, and
their decision, whatever it may be, must
depend upon the acquiescence Of the
parties for it's enforcement. When that
decision is rendered, either party is en-
tirely at liberty, so far as the law is
concerned, to disregard it, Neither the
President nor any other officer Of the
nation or of any State can compel ODE
dienoe TO the determination Of the Com
mission. The whole scheme, in origin,
administration and effect, is outside the
law; and the United Mine Workers of
America, as we'll as the coal operators,
are at liberty to ignore any recommended
ton or so-oalled judgment of the Com
missioners, If they see fit so to do.
There are many people who doubt the
propriety Of such action as Mr.. RoosE-
WELT has taken in this matter because
they feel that the influence of the Presi-
dental office ought not to be exercised
in proposing or promoting method Of
adjusting a great public controversy
by a proceeding which cannot result in
an adjustment capable of being legally
enforced. No one can read the state
mont of Mr.. MITCHELL and his testimony
before the Commission without being
convinced that the labor organization
which he represents will feel itself at
perfect liberty to treat the decision of the
Commission with scorn and contempt,
il that decision is not satisfactory to the
United Mine Workers of America.