Year: 1871

he umpire, to whom was referred GER
tain points in reference to the control of
the collierics, upon which points the arbi
traitors here present, chosen respectively
10y the operators and miners, have failed
to agree, makes the following report =


First. The right of an owner or lessee
and operator OF a colliery to the entire
aud exclusive control aud management OF
his works is guaranteed TO him by the
law OF the land, aud is of such an unques.
tionable character that it ought not to be
lnterferred with either directly or indi
rectly.


Second. The umpire coucurs with and
adopts as correct statement of the law
that part of the late proclamation of the
Executive of this Commonwealth, where
IN he says that it is unlawful for any per
son or association of persons, by violence,
threats or other coercive means to pre-
vent any laborers or miners from work,
ing when they please, for whom they
please and at such wages as they please,
aud alike unlawful by such violence or
threats to deter or prevent the owners or
operators of mines from employing whom
soever they may choose to employ, and at
such wages as may be agreed upon be-
tween the employers and the persons en-
ployed.


third. 1t is the undoubted right of
men to refuse to work except upon such
terms as shall be agreeable To them, but
Il general understanding that no person
Of laborers shall work for any operator
who has iu his employ member of such
association who has not paid his dues to
the association, or who does not belong
to such association, is contrary to the pol
icy of the law, and subverslye of the best
interests of the miners aud their employ
ers. An association may infIct fines up,
on its members Tor breach of its by LAWS
and expel Tor nou payment, but it has no
right, by combined action, to place the
deiaulter in the light Of an outlaw in the
transaction of business with Others


Fourth. The umpire decides that it is
contrary to the spirit of the law, as stat
ed secondly above, for Il body of men to
agree not to work because their employer
refuses to employ particular person, or
because he has discharged such person
If such a case arises where the act of the
operator is deemed to be oppressive, aud
he refuses TO redress the wrong, it is Il
proper one for local arbitration, by which,
IN most cases, the difficulty could be pro
perly settled without the disastrous con-
sequences arising both to the employers
aud employed by strike even at one
colliery.


Fifth As persons of sound mind and
competent age are permitted by law to
bargain Tor themselves, their contracts in
regard to labor at the mines should be
held as sacred as other contracts, and
should not be annulled or set aside in any
manner different from that provided for
other cases. Interference by persons not
parties to the contract is not to be tolera.
ted


Sixth Operators ought not in any man
ner to combine against persons who be-
long to the Miners and Laborer's Bene-
VIOLENT Association. Any operator who
refuses to employ person because he is
so connected, or who shall discharge him
for that reason, weuld thereby give good
ground for censure and for other mem
bers to refuse to work for him.


Seventh. No member of the NJ and
il. Benevolent Association ought to be
deprived of work because OF his being
selected by his branch to perform the du-
ties mentioned in section s, article Is.
OF the by laws of that association, if his
duties are performed in the manner there,
In mentioned


Eighth. In regard to the right claim
ed by the miners to cease work when they
see cause, whether in body or otherwise.
1t Is impossible to lay down any rule. and
L am not aware that is expected OF me to
do so. But | may be allowed to recon-
mend that after resumption again takes
place, and business is again moving in its
accustomed channels, immediate steps be
taken to provide for the adjustment of
difficulties, if any shall arise in future be-
fore they reach the disastrous proportions
of those which now infict not only the
laborers and operators, but the whole
country.


Ninth. Whenever ii is stated in the
foregoing report that an act is unlawful,
is ceusurable or ought not to be, it is to
he understood in the same manner as if
the umpire had awarded that such act
shall not lee done nor allowed by either
of the parties represented in this arbira
ton.


WILLIAM ELwELL, Umpire.


MAUCH CHUNK, April 10, 1871.