Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-11
.LEH|GH VALLEYS SIDE
Presented Before Anthracite
Strike Commission
BY FRANCIS I. GOWEN
LEO BURNS APPEARS FOR INDE-
PENDENT OPERATORS.
Latter Says Union Had Strongest Rea-
sons for Terrorization Of
Non Union Men.
BY FRANCIS I. GOWEN

| PHILADELPHIA. February IL. - The
| case Of the Lehigh Valley Coal Company
| was argued before the coal strike commits
. sion today by Attorney Francis l. Gowen,
| who dealt at some length with the demand
| Of the miners union for an Increase Of 20
per cent in wages.
Mr. Gowen criticised the manner In which
| the demand was made. claiming that the
| union had no theory regarding the method
Of the desired increase.
He asserted that President Nit -hell, when
on the witness stand. was either ul.lle or
unwilling to commit himself regarding the
earnings Of contract miners. Mr.. Gowen
declared also that the miners Of the Le-
high Valley Coal Company In many cases
had earned more annually than the stand
ard of wages fixed by the union.
Mr.. Governs Argument.
Mr. Gowen said in part:
THE first question that we are asked to
consider Is the demand that is made for an
increase of wages, or increased earnings for
| the contract miners and that demand is
| that 20 per cent shall be added in some way
| to their earnings
| 81 have Mr.. Mitchelrs authority for the
statement that the only fair way to judge
ternine them with reference to the annual
| earnings which they are enabled to make.
Dealing with that question then, what Is
! the case that the miners themselves have
presented.
I'm the first place. I think the commission
| will recall quite distinctly that Mr. Nit
| chell. when on the stand. was either una
| Bile or unwilling to commit himself to any
theory whatever as to what these contract
| miners ought to earn. or as to what they
| had been earning in the past upon which
this ~ per cent advance which is asked
could be based.
An Extraordinary Situation.
THAT was an extraordinary situation.
Here was the leader Of this organizatio
which for weeks and months insisted in
public that the wages were inadequate and
yet when called to the stand to testify On
the subject he was unable to state what
these earnings had been, and finally fell
back upon the statement that that was a
matter that the district presidents knew
more about. and that In due course they
would be put upon the stand to testify
I'VE know that the district presidents
were not called. and therefore we have no
light on the subject from the leaders Of the
organization.
Mr.. Mitchell further stated that he was
now satisfied that statement that he
had made to the public concerning the earn
1ngs of the contract miners could be relied
upon as representing the actual facts Of
the case, and notably his statement that the
average earnings Of all the men employed
at the mines amounted to $36S a year was
inaccurate"
Quoted From Testimony.
Mr.. Gowen quoted a witness who had
testified that the average earnings of
miners were between $500 and $500 year,
and said
ut Is not unfair to Judge the plaintiffs
case here by the evidence which they them
selves have produced. And when we find that
their testimony shows a condition of affairs
which resulted in the miners earning only
justified in concluding that what their de-
mand of 20 per cent meant In dollars and
cents was increase Of 20 per cent on earn
ings of that figure?
Take the average, or the medium be.
tween those figures. $425 Add 10 per cent
and to that the 20 per cent which is now
asked. and you will find that that would
bring the miners earnings up to $500 a
year. And yet taking the figures which the
Lehigh Valley Coal Company has filed with
the commission, you will find that the aver
age Of all the miners who worked con-
tinuously throughout the year was $56S.
Production in 1901.
Concerning the demand for an eight-hour
day, Mr.. Gowen said the company's fifteen
collieries in 1901 averaged over eight hours
daily actual time, but despite this fact the
production was barely sufficient to meet
the demands.
Chairman Gray asked Attorney Darrow
for the miners If the unions demand for
an eight-hour day was meant to apply to
all outside workers as well as to contract
miners
Mr.. Darrow said 1t was.
Commissioner Watkins asked Mr.. Darrow
II the testimony did not show that the
breakers were now taxed to their utmost
to supply the demand.
Chairman Gray wanted to know IL an
eight-hour day would not limit the work Of
the contract miner.
THE companies might increase the
breaker capacity" said Mr.. Darrow.
Mr.. Burns Arguments.
Ira A. Burns Of Scranton. counsel for the
Independent operators of the Lackawana
and Wyoming regions, made the next ar
gument In part he said:
What are the respective claims of the
miners and operators? The miners want
more pay; less work. The operators want
the right of every man to own and control
his own labor
''The one wants more money; the other
more law and order The one contends
for policy; the other for q principle
Whether a man shall receive one dollar or
two for days work or whether he shall
work eight hours or ten are matters of
policy and expediency on which men may
honestly differ and which may be changed
by agreement, but whether a man shall
be allowed to earn his daily bread in his
own way subject only to the laws of the
land. is a principle as old as the creation
and as eternal as the everlasting hills.
Crucial Point in Controversy.
1.-THE crucial point in this whole con-
troversy will finally be the right of every
man to enjoy the fruit of his own labor,
with none to modest or make afraid.
I'VE respectfully but earnestly urge this
body not to forget the sufferings and de-
serts OF the non-union miner. He stands
for a principle
Mr.. Burns quoted Franklin B. Gowen on
the story OF the Mollie Maguires, and said:
"And yet the Mollies, with all their
hlackness Of crime. never made war on
women and children. This lower depth
was only reached by the boycotters Of
1902.
Reasons for Causing Terror.
1.-The miners union had the strongest Of
reasons for the terrorization of the nom
union men, for in it depended their, hope
of success and increase of gain. Any I'M
partial Jury in the commonwealth OF Penn
sylvania would convict them without ieav-