The Birmingham age-herald., 1921-03-20
Holds Strike United Mine Workers Illegal

HOLdS DIT duty at the expense of their own busi- nesses without hope of compensation, except the consciousness of serving the state when it needed their judg- ment as patriotic citizens, the peopls owe a debt If gratitude and I am indebted to them for thei. positive recommendations and the large fund of facts collected and sub mitted for my information. Their re- port is now before me and a copy is hereto.
 Before making these findings there has been careful consideration of the report and all material submitted to ny representatives and also the report of the former commission which in- vestigated the strike situation, com posed of Dr. George H. Denny, Hon. Charles Henderson and Hon James J Mayfield.
 PUBLIC IN MIND
 "WhiIe this finding deals direct- ly with the coal operators and the
 United Mine Workers of America, have constantly had in mind the
 
 consideration. One clothed with the
 authority of settling industrial
 controversies naturally desires to
 do something to appease nll con-
 tending factions, and this desire
 Is often conductive to comprom-
 ise verdict regardless of the facts.
 Because of the effect which I per-
 celye this finding will have on the interests of the public, as we'll na
 those directly involved, have made an effort to resist this ai- most Overpowering impulse and fnce the facts as they have been shown to exist and decide the is- sues without evasion or euufyoea- tion, to the end that truth and jus- flee may prevail and that no punishment may be inflicted on those who are not responsible for this expensive and regrettable con dition.
 THE ISSUES
 Both the commission of Messrs. Denny, henderson and Mayfield. and the inves- tgating committee concur in the con- ,lusion that the strike was called for tbe purpose of compelling the recognition of he United Mine Workers of America, tnd that recognition of the union is virtually the sole and overshadowing is. ;ue.
 "Both reports conclusively find that the miners themselves have no grievance as Q living conditions, work hours or wages in the brief submitted by Mir Van A. Bttner. chief representative of he United Mine Workers of America he following contentious are set forth namely:
 "1. Recognition of the union,
 "2. bolishment of subcontract system.
 "s. Unemployment of strikers.
 "4. Requirement. of the day wage rate.
 "5. Setting mp of machinery to adjust industrial disputes and avoid future strikes.
 "All of these matters have been con 'idered, although the facts and reports submitted are conclusive that the sub contract system and the day wage rate were not moving causes in calling the strike.
 DAY WAGE SCALE
 The bituminous coal commission raised 'y certain percentage the entire scale 'f wages of the employees of coal miners. h most of the coal fields this percentage mounted to an. increase of s1 per day Or day wages. In Alabama it did not lmcunt to that much As will hereafter lppear the amount now being paid was ecognized by what is known as the Ruby contract which was entered into with he consent of the representatives of the United Mine Workers of America. There was TO complaint made as to .hese wages prior to the strike The en- ire contention is based on the ccnstruc- ion of the award of the bituminous coal and that award, interpreted by the Ruby contract, to which the rep resentatives of the United Mine Workers of America agreed, names the amount which is now being paid by the coal op- orators. As this amount was settled by he terms of that contract it cannot now pc legitimate issue to be again set led.
 SUBCONTRACT SYSTEM The subcontract system is a system whereby a coal company contracts with Tn experienced miner to mine a certain section of his coal mine and this person this section to less experl- 'nced men. The original contractor or miner directs the work, at- ends to the dangerous explosives ana seeps his section of the mine safe for the employees. It is contended in the brief ,f the United Mine Workers of America hat this system tends to lower the wage scale. The operators produce facts show ng that they pay the same rate, and that he subcontract system As fixed by the ,ituminous coal commission gives the in- experienced miner the protection of th- skilled, efficient and experienced miner, hereby preventing to a large extent fatal accidents to the men who are learning the rade. No specific instances are sub nitted showing payment under this sys- em of less than the fixed scale, no com olaint of the system appears to have ,een made by those mining coal, and here are facts strongly tending to show hat it is a protection to the lives of he less experienced miners. AS no legiti- nate objection has been shown to the ,ystem it is impossible to make finding hat it should be abolished.
 RECOGNITION OF UNION
 The United Mine Workers of America do not represent all or majority of the coal miners of Alabama. Just what percentage of the coal miners belong to the organization does uot appear. The claim of the operators, based on actual check of all the mines, is that there are approximately 27,- O00 who follow coal mining and that about 5,6OO belong to the United Mine Workers of America. The brief and facts submitted by the representatives of the United Mine Workers of America do not state the number which belong to the organization, hut they do state that there are 12,OOO men on strike
 who should be given re-employ- ment. To make finding that there should be . recognition of the union would impose on the satisfied majority of coal miners fin Alabama the will of the un- sntisfied minority. The recognition of the union means, according to Justice Brandes of the