The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1907-10-24
Mine WORKERS WIN.
JUDGE BRENNAN OF DIES MONIES
ACTS As ARBITRATOR ON
DISPUTED POINT.


Some time ago the Mine Workers
Local at Buxton had cause for griey-
ance, as they contended, with the
management of the Buxton mine be-
! cause of refusal to reinstate man
inshis former place as a miner follow
ing expiration of his term of service
as q shot examiner. The company as
serted he left their employ when he
became a shot examiner, and that they
We're under no obligations to give him
employment thereafter The matter
was brought before the operators
board by the Mine Workers organiza-
ton, and according to agreement to
arbitrate differences it was submitted
to- Judge Hugh Brennan of the dis
trict bench of the 9th Judicial District.
Judge Brennan decides i'm favor of the
Mine Workers association, giving the
miner, Ramsay, the right of reinstate-
ment in his former position. The case
has been watched with particular in
terest, both by miners and operators,
as several other cases involving the
same principle are dependent upon
this decision for solution. The full
text of Judge Brennan's decision is
here appended:
Des Moines, Ia, Oct. 16, 1907.
In the matter of the Buxton Coal
Miners Union against the Consolida-
tion Coal Company.
The undersigned has been selected
by the above named parties, as arbi-
traitor, to decide the following ques-
tion, viz: If a miner employed in the
mine as shot examiner, has his icer-
tificate revoked by the State Mine In
spector. is the operator required to
employ such man as miner?" The
contention of the Miners Union is that
a miner who accepts the position of
shot examiner, upon being disqualified
to continue to act in that capacity on
account of revocation of mis- certifi-
cate by the State Mine Inspector does
not forfeit his right as an employee Of
the company in the capacity of min
er and that the company is required
to restore him to his former employ
ment as such miner. The company
contend that upon the revocation of
his certificate by the State Mine In
spector he ceases to be an employe
of the company and that it is under
no obligation to such person to employ
him in its mines as miner. In sup
port of these respective contentious
there has been submitted to me by
w, w. White, advocate for the Min
efs' Union, and by John p. Reese for
the company, written and oral argu-
ments of facts, which-facts are sub
nitted unsupported by any other evil
dence except the able presentation of
the matter by the gentlemen named.
1t is a rule which governs controyer-
sizes submitted to arbitration to sub
NIT to the arbitrator an agreed state
ment of facts or take the evidence in
support of the respective differences.
call attention to this feature of the
controversy at this time for the fol
lowing reasons:
y 1t is stated by Mr.. White on behalf
of the Miners Union In his written ar
gument the following: 1T has always
been a fundamental custom in our
well regulated coal mines, that when
one of our members accepted posi-
tion such as shot examiner and check
weighman, that when his services
were no longer needed in that capac-
ity he could return to the mine and
lose no rights, but would be treated
tfgf he nf
the company"
Mr.. Reese on behalf of the company
challenges this proposition in the fol
lowing language, viz:
n wish to call your attention to the
fact that counsel for the miners will
admit that there is no law, agreement,
custom or decision to be found any
where that would justify you in decid-
/. ing this case in his favor. This ad
mission in itself ought to be sufficient
reason for deciding this case against
the miners contentious" 1t will be
observed that Mr. White in his state
ment above quoted asserts the state
ment as fact and | fail to find any
where, either in his written or oral
argument or statements any admission
to the contrary as claimed by Mr..
Reese. think it may be conceded,
that there is no law, agreement or de-
cision governing this peculiar question.
but 1t will be noticed that Mr.. White
claimed custom only 1t is well
known that the laws of England in the
past arose from the established Gus
toms of the people in their CONNER
cial, economic and social life and be-
came what is known as the common
law. In America where controversy
arises and we have no statute or de-
clsions governing the subject, we turn
to common law for guiding principle.
1t Is also well settled rule in this
country, that II there is no law or de-
cision bearing upon controversy be-
tween the citizens, that custom of
long standing and universal applica-
ton In the community where the con-
troversy arose, will be and is recog-
nized by the courts and will be adopted
as the rule and law governing the case.
Keeping In mind the unquestioned