The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-13
The Coal Men and the Open shop

italicized by the authors OF the reply:
". stand unal,erably for the open shop"
II is lust three years less five days
since this same fundamental principle
OF the open shop was enunciattd In the
report made to President ROOSEVELT on
March IS, 1908, by the Anthracite Coal
Strike Commission appointed by him
in October Of the preceding year, The
ninth award was this:
TX. The commission adjudges and awards:
That no person shall be refused employment or
In any way Disseminated against on account OF
membership or non membership In any labor
organization. and that there shall be no disefiml-
nation against. or interference with, any EN-
ployee who Is not a member Of any labor organiEa
ton by members Of such organization"
Mr.. Ro~osRyELT's commission deliber-
ately and distinctly refused to tolerate
the demand of the labor leaders that in
the settlement of the questions at issue
the organization known as the United
Mine Workers OF America should be
recognized as a party to any agreement
The report said:
" The commission is constrained 10 decline max
ing an award which would compel an agreement
by the operators with the United Mine Workers of
America. for however Importantly that order may
have participated In the strike which was inaugu-
rated on the 18th Of May last, and In Its subsequent
conduct. It is not a party TO this submission. IL
was distinctly stated at the hrst meeting OF the
commission that the president OF the United Mine
WORKERS OF America appeared before the commits
sion as the representative OF the mine workers In
the anthracite region, on whose behalf had been
made the demands which have since been incor-
porated In the formal statement of claims filed.
II Is the striking anthracite mine workers who
appear before the commission as the pursuing
party. It Is true that they have been represented.
and ably represented, before the commission by
Mr.. MITCHELL. but In so representing them he
appeared as the representative OF the anthracite
coal mine workers and not In his oricial character
as president Of the United Mine Workers OF
America"
Yet this demand, closing the shop door
40 far as concerned the anthracite coal
mining industry, was the real animus OF
the strike of 1902. The remarks of Mr..
RoosEvELT's commissioners or the equal
rights of labor. union or %non-union, were
az straight, as sound and as strong as
the capacity Of the English language for
direct and forcible expression allowed:
" The right to remain at. work where others have
ceased to, work, or to engage anew in work which
Others have abandoned. Is part Of the personal
liberty Of a citizen that can never. be surrendered,
and every hiring ement thereof merits. and should
receive. the stern announcement OF the law. All
government implies restraint. and It is not less
but more necessary in self-Eoverned communities
than In others TO compel restraint OF the passions
OF men which make for disorder and lawlessness.
Our language is the language Of a free people
and falls 70 furnish any form OF speech By which
tho right Of a citizen 70 work when he pleases, for
whom he pleases and on what terms he pleases
can be successfully denied.
The common sense of our people, as well as the
common law. forbids that this right should be as
sailed with lmpunlty. II Is vain TO say that the
man who remains at work while others cease 10
work or takes the place OF one who has abandoned
his work helps 10 defeat the aspirations OF men
who seek to obtain better rerompense for their
labor and better conditions OF HE. Approval OF
the object Of a strike or persuasion that Its pur-
pose Is high and noble cannot sanction an attempt
TO destroy the right OF others to a different opinion
In this respect or 10 interfere with their conduct
in choosing to work upon what terms and at what
time and for whom Il may please them so TO do.
THE right thus 10 work cannot be made 10
depend upon the approval or dlsapproval Of the
personal character and conduct OF those who claim
60 exercise this right, II this were otherwise.
then thosc who remain at work might, II they were
In the majority. have both the right and power 10
prevent others who choose 10 cease 10 work from
20 doing.
This all seems too plain for argument. Com
mon sense and common law alike dcnounce the
conduct, of those who Interfere with this fundA-
mental right Of the citizen. The assertion OF the
right seems trlte and commonplace, but that land
is blessed where the maIims Of liberty are common
places"
And further in the same line of broad
philosophy and patriotic declarations:
\ The union must not undertake to assume or
20 Int rfere with the ma nag OF the ~busipess
OF the employer. It should strive to make mem
bershIp In It so valuable as to attract all who are
eligible; but In Its efforts TO build Itself up II must
no, lose sight Of the fact that those who may think
differently have certain rights guaranteed them by
our free Government. However Irritating 1t may
De 10 see q mhu tuJOy DthcHb " 'V ocCuilhG VI
which he refuses 10 contribute. either morally or
physically or financially. the fact that he has a
right 10 dispose OF his personal services as he
chooses cannot he ignored. The non-uniou man
assumes the whole responsibility which results
from bis being such, bu, his right and privilege of
being a non union man are sanctioned in law and
morals. The rights and privileges OF non union
men are as sacred TO them as the rights and privi-
lcges Of unlonlsts. The contention that n majority
Of the employees in an Industry by voluntarily
assoeinung themselves In q union acquire authority
over those who DO not so associate themselves Is
untenable.
These are the principles which the
crcator~of the Anthracite Coal Commits
sion Of 1902 approved, adopted and APP
piled. Writing on July IA, 1908, to Secre-
tary CoRTELYoU concerning the case Of
Assistant Foreman MILLER Of the Gov
eminent Printing Office, President
ROOSEVELT quoted the open shop decla-
ration contained in the ninth award Of
.ba commission ne nrinted above. and