Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1904-09-10
Mine DISPUTE
UP TO JUDGE GRAY
Hears Arguments of Both Sides in
Check Weighman Case.
AN EARLY DECISION EXPECTED

Philadelphia, Sept. S.-The contro-
versy over the payment of the check
weighmen and check docking boss,
which split the board of Cancellation
In twain and threatened TO precipitate
another strike in the anthracite coal
regions, now rests for settlement in
the hands of Judge George Gray. of
Delaware, who heard argument of the
question in this city.
At the close of the session Judge
Gray reserved decision. but both sides
to the controversy look for an early
ruling, which they have mutually
agreed to accept as final.
Superintendent r. c. Luther, of the
Philadelphia and Reading; General
Manager S. L. Warmer. of the Lehigh
Valley, and w. L. Connell represented
the operators, while District Presidents
Nichols. Fahy and Dettrey appeared
for the miners.
The operators case was presented in
typewriter form by Mr.. Warmer.
Broadly, the operators claim that the
question of deducting from the miners
the assessment necessary to pay check
weighmen and docking bosses was
finally and irrevocably decided by the
board of Cancellation on July 8, 1903.
by the adoption of a resolution. to
which the representatives of the miners
on the board agreed, that deductions
should only be made from miners VINO
made legal assignment
In concluding his argument, Mr.. War
riner said that the assessing of miners
who had not specifically agreed to a
deduction was
First, illegal under the act of assem-
bly, of 1891.
Second, opposed to the open shop
principle. and that an assessment of
miners not making legal assignment
by the company would amount to a
conspiracy
Third, that the resolution of the
board of Cancellation of July 8, 1903,
was lawful. binding and satisfactory
Mr.. Warmer further contended that
II the union miners Interpretation of
the commissions award should be made
the rule of action. II would amount to
the discharge of non-union men who
would not consent to the assessments
for paving the acknowledgment.
President Nichols replied to Mr.
WARMERS argument, which had also
been supplemented by elucidatory
statements made by Mr.. Connell from
time to time.
Mr.. Nichols contended that the
award of the strike commission was
binding on non-union miners. Union
miners and operators alike. and to
precisely the same degree.
All, he said. had been parties to the
hearings before the commission and
through counsel. representatives. and
otherwise, had agreed to abide by the
award of the commission even to the
extent of waving legal rights and tech
nicalities when those rights and tech
nicalities ran counter to the commits
sions award.
Judge Gray asked representatives of
both sides II 1t was a custom at the
mines to deduct money from the pay
OF miners for physicians and black
smiths services.
Mr.. Luther said that deductions were
made only where special services were
rendered. Mr.. Warmer was not GER
tain as to the extent of the practice.
President Nichols cited the Pennsyl-
vania Coal Company as one that made
a uniform deduction per ton from all
miners for blacksmiths. irrespective of
whether the men had their tools sharp
ened by the smiths or not.
It was ELECTED, as the result of much
questioning on Judge Gray's part. that
the sum which each miner would be
obliged to pay per month for check
weighmen and docking bosses would
be about Is cents.
LYNcHERs CALLED TO CONFESS
They Must Leave Methodist Church
Or Express Penitence.
Statesboro. Ga, Sept. THE Meth
odist Episcopal Church has Dassed res