Omaha daily bee., 1903-02-11
CONTRACT ILLEGAL
NonuniOnists' Attorney Says Wage Agree
ment Would Be Unfair.
OPERATORS SEEK 70 ELIMINATE UNION
Say MitchelPs Organization Has In
truded Itself Upon ArbitratOrs
After. Degrading Labor and
Crushing Hope and Ambition.

rep. lU.-Ine united
Mine Workers of America as an organiza-
tion was severely scored today by counsel
before the strike commission. John T,
Lenahan, for the nonunion men. claimed
his clients had a legal right to earn a live
lihood without the consent or dictation OF
the union.
James H. Torrey, for the Delaware and
Hudson, claimed that the recognition OF
the union was not an issue before the com
mission, and then went on to devote con-
siderable time to a consideration Of that
demand.
Arguments for Men.
MI. Lenahan presented three PROPOSE
tions. He submitted that the commission
must find the United Mine Workers re-
sponsible for the violence and other unlaw-
full acts which deprived the ~nonunion min
ers of their lawful rights to work; that all
authorities agreed that the law guaranteed
to every man the right to work, where,
when and for whom he pleased; that moth
ing could Justify a finding by the COM
mission that %nonunion miners must deal
with their employers through the medium
Of the union OF be subject in the slightest
degree to the control or dictation of the
union.
After presenting these propositions Mr..
Lenahan said in part:
1t follows, as q, necessary conclusion from
admitting the principle that %nonunion min
ers must be permitted to work without the
unlawful interference from fellow work
men, that they must not be made to deal
with their employers through the medium
OF the union.
1t is the admitted right OF a majority of
stockholders in a corporation to dictate a
policy for the company, even though con-
trary to the wishes of some stockholders
who thereby might suffer loss. But all the
servants of one master remain individIa ais
under our law and yield nothing of their
rights to a majority of their co-employes.
How then could II be possible for this
commission to admit the right of the United
Mine Workers to contract on behalf of non
union employees with a common employer?
II II were possible, is it likely that nom
at the hands of those embittered by preiu-
dice and anxious to monopolize all the posi-
lions they hold?
DO Not Deem Union irresponsible.
James H. Torrey said the operators we're
opposed to trade agreements because they
wished to conduct their business In their
own way, and not because the United Mine
Workers OF America was an irresponsible
organization.
Mr.. Torrey was followed by Major War
rem, who said in part:
The real parties to this submission are
the employees OF the several companies on
the one side, or certain of them, and their
employers on the other. They who are
seeking 10 become parties and intruding
themselves on the commission absolutely
without warrant by the terms thereof are
the United Mine Workers of America.
/ do not dispute the right of men to or
ganize and 1 hold no brief against organ
ized labor, blu the methods OF the United
Mine Workers appear to be eXqulsitely
adapted to degrade intelligent labor, TO
PsralyEe honest Industry to crush spirit.
hope and ambition.