The Birmingham age-herald., 1921-03-20
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(C0nttnued from PuEe One) the strike ordered in November. 1919, which President Wilson referred to as "illegal and immoral" Then came review of the later strike confined to the coal fields of Alabama, and Cover nor Kilby said:
 ''This strike, being called without just cause or for the purpose of reme dying any grievance and in deliberate violation of an agreement was illegal and immoral It proves beyond cavil that the written contract or obligation of the United Mine Workers of Amer lea cannot be relied on and that recog- milton would give no assurance of in dustrial peace. It is rather difficult to understand how such large num- Der of men could be induced so deliber- ately to disregard such an obligation of honor. The only explanation, perhaps, lies in the fac tthat from 70 per cent to 80 per cent of the miners are ne- groes. -
 NEGROES DISCUSSED
 "The southern negro Is easily mis- led. especially when given a prominent and official place in an organization in which both races are members Ne groes from other sections were import ed into the state for the purpose of in- fluencing and directing the negro miners The negro miners were un- doubtedly deceived and led into this violation of their agreement by leaders from other sections. MT. Bittner well says in his brief, The essence of sue cess in collective bargaining lies in the fidelity of both sides to the agree ment thereby announcing truth which seems to have been entirely for gotten or ignored by the organization of which he is chief representative.
 There are other reasons shown by the facts why the operators should not be compelled to recognize this organi- xation. It counseled and directed the violation of the laws of Alabama by the adoption of resolutions directing picketing which Is prohibited by stat. ute. Its leaders have Striven to break down the confidence men have in their employers, instead of cementing it; and they have opposed all welfare work in- stituted by the employers for the ben eft of the employees because it tended to draw the employer and employe into closer relations. No permanent indus trial relation can be built on an in- creasing suspicion between employer and employe and any person or organ ization that seeks to create such hos tility is engaged in an illegal and inn moral work and is a menace to indus trial peace" Thus ended the opinion on the third subject.
 AS TO ARBITRATION
 Arbitration was the fourth sub-
 ject. Governor kilby said each
 mine has an agreement with its
 employees which provides machin-
 cry for the adjustment of griev-
 ances. In some mines the employees
 said they preferred to take their
 complaints "personaliy to the
 boss" Governor kilby said the
 system seemed to be fair. This
 brought am end to the discussion
 of the fourth subject.
 The fifth and last was the sugges- ton of the union that striking miners be re-employed. Governor Kilby found industrial conditions now to be such that more coal is being mined than can be marketed. He said the only sug- gestion for the e-employment of the strikers was to discharge those em- ployed when the strike started.
 .'Then men who. it is recommended. should be discharged are the men who entered the service of the operators when it was dangerous to life and body to do SOL said the governor. ITO these men the operators are indebted for re- establishing their business, which an unjustifiable, illegal and inn moral strike had seriously damaged, and largely to these men is the public indebted for the limited supply of coaI available during sthe winter months. To discharge them to maks room for tho strikers would be to penalize 1oy- alty that wrong might be rwarded.
 ALL NEED WORK
 The strikers need work and they and their families will be left in sore straits without work but in no worse condition than others would be in ir discharged for their benefit and so far as the public is concerned the condr- tions would not be remedied. They voluntarily, through the influence of union leaders, abandoned their work without just cause. It. is my opinion that, since this strike was wrongfully and without the slightest Justification called. the organization of the United Mine Workers of America is responsi- ble for the present strikers being with out employment, and that, therefore. the United Mine Workers of America should support the present strikers un- til they are able to secure employ ment." This brought to an end the opinion on the fifth subject.
 Governor Kilby's decision officially followed with the recommendation thas the strikers be re-employed when con- ditions justified and thar until the time for unemployment came the miners organization should support the strik- CTS and their families.
 Referring to the suggestion to the coal operators about unemployment of
 
 ing the opinion:
 OPERATORS ADVISED
 Compliance with these recommends tions would be a gracious act on the part of the operators tending to re flute the charge of selfishness so often made against them, the truth of which has been indicated by undoubted prof iteering by some of them during the strike. On the part of the United Mine Workers of America 1t would be bur an act of simple justice. tending to dis prove the assertion and belief of many people that the organization exists mainly for the selfish purposes of its officers. organizers and representa- tives.
 ~The strike having been called
 on by officers of the United Mine
 Workers of America Is ended. Let
 ms hope that the strike and bitter
 ness is also ended, that the coal
 mining industry h entering upon
 an era of peace which will last for
 many years, that prosperity may
 soon return and that all workers
 may lind early employment"
 In reaching the decision Governor Kilby followed closely the report and recommendations of his personal rep resentatives-William T. Sheehan, Richard M. Hobbie and John. w. Durr- who spent week in the coal district gathering facts for presentation to the governor with their recommendations. Governor Kilby's opinion said these men were due the thanks of the peo- pie of the state for giving up their private affairs in order that the facts upon which to base a just decision