The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-27
DECISION MAY CAUSE STRIKE.
JUDGE CRAPS FINDINGS NOT
LIKED BY NON-UNION MINERS.

Said That They VIII Take the Check Weigh
man Question Into Court-The Judge
Admits That Umpire's Decision
Was Not Binding-Unionists Pleased.
SCRANTON, Pa, Sept. 2e.-The miners OF
Scranton and vicinity are greatly jubilant
tonight over the decision Of Judge Gray
on the check weighman matter, which was
received here to-day by Secretary Nichols
of the Cancellation Board. Mr.. Nichols.
who is also president of district No. l. was
smiling and gay this evening, and said that
he was naturally gratified over the decision,
but 1t was too early to discuss 1t for pub
lication. He needed time to read it over
more carefully. The operators refused to
man to discuss the decision in any way.
1t Is clear that they are greatly disappointed
in It,
Briefly, the decision OF the court is this:
Check weighmen and check docking bosses
should be employed wherever a majority
OF contract miners petition for them. The
wages Of the check weighmen and the check
docking bosses shall be fixed, collected
and paid by the miners, in such manner
as the miners by majority vote shall
decide. The officials at the mines should
cooperate with the miners in the appoint
ment and the paying OF such check weigh
men and check docking bosses, and no
assignments of earnings for that purpose
were necessary under the decision OF the
Anthracite Strike Commission.
Judge Gray's decision is six thousand
words in length, and it thorou ghly dis
cusses all the points that have arisen in
this now celebrated controversy. The is
sue was raised last summer by the Ontario
and Western Railway Company, and at
one time the dispute became 30 serious
that strike Of the 10000 mine employees
OF the district was about to be declared
This was averted by few polite moves
on the part Of the operators.
Judge Gray says that the Anthracite
Strike Commission attached much impor-
lance to the appointment OF check
docking bosses, and, therefore, it must
not be supposed that they would do any
such nonsensical tn ing as to provide that
there must be assignments of earnings
before the pay of these officials could be
collected proportionately from the earn
ings of the men, -Not only" he adds,
would such a situation be unequal and
would neutralize the moral effect sought
to be attained by the commission In allay-
ing the discomfort, suspicion and bad
feeling recognized as the result Of the one
sided method Of keeping the miners &C
counts by engendering bitterness OF feeling
and unfriendly relations among the min ers
themselves. He then says that no such
assignments should be asked for, and none
should be given as they were unnecessary
Judge Gray decides that the operators
were right in their contention that the
decision Of Umpire Wright in the matter
was without binding effect, because, he says,
it was never referred to him by the con-
Citation board, and until il was it was not
properly before him and whatever he said
or did in the premises had no legal force.
He pegatived the contention OF the opera
tors, however, that the umpire could not
reverse decision Of the Cancellation board
once 1t had been rendered Judge
Gray says that the umpires decision would
have to 60 in any case that had been referred
to him, 1t matters not what the decision
was.
MAUcH CHUNK, Pa. Sept. 2e.-That the
decision Of Judge Gray In the check weigh
man controversy will result In great deal
Of trouble. and probably a strike, in the
Lackawanna region Is the opinion ex-
and best informed coal operators in the
anthracite region. He says that the check
weighman and the check docking boss will
be selected by the union. and that they will
naturally be strong union men. This fact,
he Will initiate dSdlubt tHe nOQ-
union men, and there will be constant rup-
lures. Continuing, he said:
Judge Gray is not to be criticised. He
acted as he deemed judicious and in con-
formity with the fifth award OF the strike
commission. The great trouble with the
latter body, and with Judge Gray, is that
they have dealt with the miners union in
the same manner as they would body Of
representative business men, trusting them
not to abuse any Of the privileges granted
Experience has proved to other bodies Of
men that such course is foolhardy Events
in the Lackawanna region during the next
six months will amply justify this asser-
ton.
louisville. Pa, Sept. lit is said
here this evening that non-union men will
promptly take the check weighman ques-
ton into court, as was indicated by Judge
Gray in his decision that they have a right
to do. The first deduction made by any
operator from the wages Of a non uni on
man will be the signal Of a suit. Judge
Gray's decision will serve to bolster up the
mine workers organization for time,
which, as shown by the convention held in
Ashland the past week, is a mere shell,
20 900 miners In Shamokin and Mount Car
mel alone dropping out OF the union and
refusing to pay their dues.