The Birmingham age-herald., 1903-08-12

cINcIl s.as..a..ssssss....z.ss.z.ss ones. The checks are never issued until the work they represent has been done
 As a rule the more thrifty miners don't discount their checks
 Prima Facle Case Closed.
 MT Flynn here announces that the miners prima faeie case was closed:
 Judge Gray said-The board has not yet fully considered objections raised by MT Flynn yesterday as to certain questions that operators seek to raise. The decision of the board will be rendered tomorrow morning, and in the meanwhile the inquiry will be coiiformed to those matters, the competency of which are not in dispute" ,"
 Argument on those questions of dis puted isues was then begun.
 MT. Flynn said-When the four mem bers met and selected the fifth man they decided to go to Wilmington and submit the questions to Judge Gray and ask him to act. In Wilmington Judge Gray asked what we expected to arhitrate, and we told him. setting forth our three questions He said he could not go into a general arbitration of all questions in dispute In the whole district. Then the 0DeIdlOIS InelI UNG questions. The operators had two other questions three-year contracts and collection of dues-but they waived the arbitration of those two. and it was finally agreed that the questions could be settled in two weeks and when we left Wilmington the four arbitrators agreed that only the eight questions could be arbitrated and I don't believe they have any right to inject new questions into the arbitra- 44ra,, l- fair and that is why the miners make this objection.
 At Wilmington.
 Mir. Falrley-Mr Flynn, when at Will mington before Judge Gray, when the question was raised as to the collection of dues, Mir. McCrery offered to strike out this question (he had already stricken out the matter of the three-year elause) if we would let him bring in two ques- tons after he returned to Alabama. He would not agree to any further ques- tions. Is not that SO?
 MT. Mccrery, Col. Pearson and MT. Farley all took part in running discus sion.
 Judge Gray-I think Mir. Flynn has very fairley stated what occurred at Whining ton. The written submission was before me at that time.
 MT. Percy reads written submission.
 Judge Gray continued-There is practi- eally no dispute as to what was agreed upon at Wilmington. I noticed the very general language of the written submis- sion and so asked that the specific ques- tons be stated
 Colonel Pearson said-The whole ques- ton was one of time and the arbitrators told Judge Gray that the arbitrators had no power to change the scope of the agreement.
 MT. Flynn-Judge Gray said that the terms of the agreement were very in- definite, and so in order to tell whether he could act he insisted on having the questions stated specifically.
 Mr. Percy-When in June and July no agreement could be arrived at it was de- cided that every question that either side wished to be brought up might be pre- sented for arbitration. It was decided to have a new contract; the old one had ex- pired Who were the parties? Not Fair ley and Flynn, but the miners on one side and the operators on the other. Apy agreement at Wilmington was simply on the line of giving Judge Gray a chance to determine the probable length of time that would be required to settle the mat ter We are willing to hazard all. We must make new agreement, and are willing to let it's terms be decided by this arbitration.
 Mr. cabaniss.
 Mir Cabaniss argued at length on the subject of what can be taken as a guide in the arbitration and maintained that the written submission is the only guide. It is for the whole thing. the whole scale not half a scale. We contend that court must be governed by the written sub mission. Mir Mccrery and MT. Pearson could not commit the other operators by any agreement that they made in Wil- mington.
 Judge Gray-As the terms of the writ ten submission are vague and suscep- tible to several interpretations, so 1t Is competent to take into consideration all the negotiations and statements leading up to the making of the written agree reason must take into consideration the statements made in Wilmington. I must give due weight to the statements made in the joint convention.
 Mir. Percy stated that the offer of 21a cents increase would never have been made excepting that 1t was believed that the men would accept 1t and there would be no cessation of work.
 MT. Fairley MT. Percy. MT. Lewis. Col. buHH anu MT. Y lynn dil lOOh d ptlfl III the running discussion of what should be decided by the board Finally Judge Gray announced that further discussion of the matter would be taken up in exc cutive session, and told the operators to open up their case. The first witness called by them was;
 MT. McQueen.
 J. M. Mcqueen testihed--I am the sec ond vice-presdent of the Sloss-Sheffield Steel and Iron company. l have been connected fourteen years with the pres ent company and It's predecessor; with the Sloss-Sheffield since 1899, before then was with the sioss Iron and Steel com pany first in the transportation, then auditor, then second vice-president. The company operates eight mining camps. There are commissaries at most of these camps We think we keep the best of goods. We compete everywhere with other stores and think our prices are fair. Net profits are about the same as all the stores That is the percentage of profits. The net profit of all the stores fa Tt,