The Birmingham age-herald., 1903-01-22
CHAIRMAN GRAY
 OBJECTS ID BOSSES Doesn't Like Use of Word Per
 mission" in the Union NEW QUESTION COMES UP Witness Was Testifying About Paying By Cars and By Weights When
 Discussion Arose-Day Will Be Devoted to 1t.
NEW QUESTION COMES UP

Philadelphia, January H.-Chairman Gray of the coal strike commission In commenting on the testimony given oy R. s. Mercer, a district superintendent of the Lehigh Valley coIlieries of the Ma hony and Shamokin districts regaroing the refusal of District President Fahay of the miners union, to grant ''permis- sion'' during the strike to contractor to erect at colliery a boiler house which was necessary to preserve the mine from damage, said he hated tyranny, no mat ter whether 1t was practiced by an oper- ator, a miner or anyone else. This was a free country, he added, and he was not educated to using the word permission" in the way Fahay had employed 1t. At another point in his testimony, Mercer said the miners did not produce any more coal as a result of President MitchelPs burry-up order. They asserted that there was no coal shortage and that 1t was a scheme of the operators to show the men were earning larger wages.
 Chairman Gray Gives Lesson.
 This caused Chairman Gray to remaI k that the miners should come to Whining ton (his home) and see poor people stand ing around waiting to puy bucket Of coal at r and IS cents bucket.
 During the morning session the Lehigh Valley Coal company, which opened its case after Temple Iron company closed. placed John F. Murray, union miner, on the stand to testify about what seemed trivial matter, and on cross-examina- A 4Isx. 1x rrftffnn nca for the miners. He said that there would be trouble in the anthracite region so long as the coal companies insisted upon paying the contract miners by the car h. stead of by weight. This opened discus- sion between counsel for both sides ard the commissioners, which consumed much time. The result was that the commission will devote an entire day to hearing argu- ments on the question.
 During this cross-examination Murray said the company did not deliver enough cars to the men, and that the union had no rule restricting the number of cars to be delivered to each miner. He asserted that the cars were more like freight cars than mine cars. The miners, he con- tinued, think they hold much more than the 21a tons the company say they hold
 No Car Complaints.
 s. D. ,Warriner of Wilkesbarre, general superintendent of the Lehigh Valley Coal company, said there were no complaints made to him prior to the recent strike on the car question. He said 1t would be i'm possible to have a standard car, owing to the varying conditions in the mines. He thought it was possible, however, to more nearly standardize the cars During the crosse s-examination MT. Darrow cited & state law which provided that coal should be paid for by weight unless the two par ties agreed to another system. It was explained by other lawyers that the min CTS did not insist upon the weighing of coal, so 1t was not weighed. Superintend- ent Warriner said the contract miners employed by his company are in some cases paid by the lineal or cubic yard. and says that 1t was satisfactory to both the company and men, In reply to Mir. Darrows suggestion that the men be paid their share of the excess tonnage, MT. Warriner said it would not be prac- ticable. Chairman Gray asked the wit ness to fruther study the question and give the commission the benefit of his in- vestigations.