The Birmingham age-herald., 1903-01-09
Protests Against Union Being Indicted for LaWIessness
 During the Strike
SAYS SOME CONNECTION
 MUST FIRST BE SHOWN 
Discussion Came About By Judge Gray's Remark That He Would Like to See the Union Come
 Up Out of the Mre.

Philadelphia January S-Presdent John Mitchell today took exception to re- mark made by Chairman Gray of the coal strike commission when the latter said that he would like to see the miners union come up out of the nire and into the sunlight The miners president said the union should not be indicted unless a connection could be shown between 1t and acts of lawlessness. The head of the commission replied that he did not wish to indict the organization, but hoped it would disentangle itself entirely of the violence and lawlessness charges com mtted during the strike. The incident came unexpectedly while witness was on the stand and caused stir among the lawyers for both sides of the contro- versy Outside of this tilt the entire day YVES taken up in hearing non-union men their relatives who alleged persecu. tions during the striise.
 The remarks of Chairman Gray were brought about by Commissioner Parker.
 Anthony Ferguson of Mahony City, outside foreman of the North Mahony colliery of the Philadelphia and Reading Ccal and Iron company. testified that he was beaten wbile on his way to the works. He recognized two of his assail- ants as union men, who later were prose- outed and convicted. MT. Parker asked the witness if the men were c-pelled from the union for what they had done, but the foreman did not know Mr. Mitchell had said on the witness stand that all members of the union found gull ty of crime were expelled from the union. Noting the interest the commits sion took in MT. Parker's question, the lawyers for the non-union men called on Terrence Ginglcy member of the execu- tive board of the union in the district where the assault was committed, for the information desired. Gingley said he cid not know whether the local union to which the men belonged took any action, and he went on to give a long explana- ticn of how the local unions and indi- vfdual strikers used every means to dis. perse crowds and help maintain peace.
 Attempts to Keep Peace.
 The actions taken by the local unions he said, was principally adviser He told of the attempts made to keep the peace at Shenandoah before the riot there, and added there had been do disturbance un- til the coal and iron police were sent to that place.
 Chairman Gray then asked: Do you wait for conviction by the civil authorl- ties before disciplning your men? Do you think you can have effective discipline unless you make investigatons your- self and bring the men up and punish them in some way? I ask you, as a mem Der of the order and as a man who would be glad to see your order come up out of the mire and the clouds that are around the baser parts of it, into the sunlight and into the air of free government and a free country"
 of it is proved that our men have com r,oitt of x-io tion about our disciplining them," re- piled the witness.
 Then followed a discussion over the Shenandoah riot and the killing of a man. and in reply to MT. Mitchelrs remark that it was not the miners who did It, Chair man Gray said: But there was crowd and as yet have heard no evidence of a disciplining voice in that mob No man there said shame on the towards"
 MT. Darrow You must not expect tha railroad companies to furnish that"
 The witness said the union would prove that union men tried to prevent the riots, to which Judge Gray replied. he hoped so
 Mitchell Asks Questions.
 There was further discussion on this subject and then MT. Mitchell arose and said to Chairman Gray: '.I do not know whether I quite understand you in ex-
 
 the solicitude of the organization. that t should rise above the mire. or that part of it should rise above the mire"
 Chairman Gray: Perhaps 1 may have been misunderstood. It was nor an un- friendly wish that was expressed said l hoped 1t would lift Itself out of the mire and out of the conditions created by these things which have been testified to around its baser parts
 MT Mitchell In reply said that while fbe commission was to determine all the ques- tions that were being presented here, that there was a greater jury passing upon the attitude of the strikers
 ''As to the action of our organiza tIon and the position of the coal operators" he said there is no doubt in my mind that many of the witnesses are brought here. and do not come witnesses ordi- narily do. to testify against the strikers and indirectly against the United Mine Workers. It does seem to me that until there is some connection shown between the United Mine Workers Of America and acts of lawlessness. the organization should not be placed under any indict- nicnt at all.'
 Hoped for Dsentangiement. Chairman Gray said that he did not wish Mir Mitchell to understand that any thing he said indicted the organization. T did hope" continued the commission- ar that it would disentangle itself en- tirely from these scenes of violence and lawlessness with which the strike was attended They may have been exag- gerated as you contend l am not pass ng upon that now. We have heard iso- ated instances of outrage which we must ,ll admit. We are not saying the organ zation is responsible for every act of ..otanca and we wanted only to see