The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-11-01

temporarily and long enough TO produce
a shortage of bitumlnous coal so acute
as to cause widespread national distress
and thereby to enforce compliance with
the defendants aforesaid demands.
AT Washington, In the District of
Columbia, on or about October 15, 1919.
and thereafter, there was held at the
instance Of the Secretary Of Labor Of
the United States a conference between
the defendants and the operators OF the
hituminous mines in tho central COM
pctitive field, in the course OF which
the President of the United States pro-
posed to the conference that the de-
PENDANTS above stated demands should
be submitted to negotiation and arbi-
tration. The operators consented to
such proposal Of the President OF the
United States, but the defendants pres
ent at such conference refused to sub
nit their demands to arbitration and
declared that unless they were granted
on or before October 81, 1919, the
strike would take effect.
Production Cut so Per Cent.
1.-THE aforesaid strike and cessation OF
work ordered by the defendants to begin
at midnight on Friday. october 81, viii,
as the defendants publicly and author
itatively declare as officials of the said
International Union United Mine Work
ers of America, be successful In reducing
the production of bituminous coal in this
country by at least 80 per cent. and
will result in a widespread shutting
down of factories and industrial opera
lions, and, consequently. In enforced
idleness and cessation of wages to vast
numbers of workers throughout the
country; in the curtailment of produce
ton of many necessary articles and com
modities and of gas and electricity, and
in widespread suffering from cold In
| large sections of the United States, so as
, to constitute a national disaster In those
respects.
Moreover, pursuant to the act OF
Congress Of August 20, 1913, entitled
an act making appropriations for the
support of the army for the fiscal year
ending June 80. 1917, and for Other
purposes providing as follows:
| The President in time of war Is
empowered through the Secretary oil
War to take possession and assume con-
| troll Of any system OF systems of trans
portation. or any part thereof. and tt
utilize the same, to the exclusion as IA
| as may be necessary of all other traff1t
thereon, for the transfer or transporta
ton of troops, war material and equip
Il
nected with the emergency as may b'
needful or desirable
Took over Railroads.
The President of the United States
acting through the Secretary OF Wal
and the Director-Gene Of Railroads
by Presidential proclamation OF Decem
Der 26, 1917, took possession and as
sumed control OF the railroad SYSTEM
of transportation and the appurtenanco'
thereof within the United States ant
has continuously thereafter operated
such railroads by virtue of such pos
session and control
The act OF Congress, of March -
1918. entitled AN act to provide 70
the operation of transportation system
while under Federal control. for tn
, lust compensation Of their owners an
for other purposes provided as follows
That the President, having In tim
of war taken over the possession. us
control and operation (called herei
Federal controD of certain railroads an
, systems OF transportation (called herei
carriers) is hereby authoised to asrt
, with and to guarantee to any such cal
rier making operating returns to ii
Interstate Commerce Commission, this
i during the period of such Federal cor
troll it shall receive as just compensa
ton an annual sum. payable from tim
. to time in reasonable instruments fe
l each year and pro rata for any fra
( tional year Of such Federal control. m
4 exceeding a sum equivalent as near
= as may be to its average annual raj
. way operating income for the three veal
= ended June so. 1917
r Agreement with Railroads.
"a Presidential proclamation date
d March 20, 1913, authorized the Dire
e or-General of Railroads in the name
the President, or in the name of u
J. Director General or such agencies as
n might designate, to agree with the owl
I ers of the railroads upon the amount
compensation to be paid pursuant
: law. Pursuant to such authority. II
t Director General of Railroads at VI
,. rious dates entered into contracts Wi
q the owners of the principal railrof
systems of the country, guaranteeir
3 TO them annual compensation calculat,
! upon the basis of and approximate
equivalent to the average annual RAJ
way operating income for the thr
years ended June 80. 1917. which co
tracts are still in full force and effe'
III Enormous and continued supplies.
bituminous coal are essential to the co
"A tinuous operation of the railroads by
Director General OF Railroads, the da
- requirements for such purpose being a
- proximately 3s7, 900 tons The Directt
" General of Railroads has approximate
20 1887 contracts with the operators
the bituminous mines for the furnish
of bituminous coal for the purpose Of I
>. operation of the railroads. which &C
III tracts provide for the furnishing Of q
60 proximately 3S7 900 tons of such CT
IN per day, or approximately the aggres,
TO actual daily requirements of the rh
IN roads. Approximately so per cent
OF such contracts by volume are effect
10 by their terms until March 81, 1920,
a. remainder until later dates.
sr Cannot Operate Railroads.
On TT the aforesaid strike ordered
s. the defendants to begin on midnight
us October 81, 1919, becomes and rema
is effective, as the defendants declare Il
to It will, 1t will be impossible for
he operators OF the bituminous mines
e. fulfill their aforesaid contracts for 81
r. plying coal to the Director-General
i'd Railroads for the operation of the RI
on roads Of the United States. and 1t '
nd thereupon become impossible for
he Government of the United Sta
X through the Director-General of RI
roads to continue TO operate the r
M roads of the country, and the operat
Mt, of freight and passenger trains and
IN transportation OF persons and prope
is. by railroads throughout the country
m have to be discontinued and abandon
I'D '~rhe operating revenues of the r
tx roads for the present year will thus
Ike enormously reduced below the aver
L. annual revenues earned during the II