Oklahoma Labor Unit (Oklahoma City, Okla.), Vol. 8, No. 14, Ed. 1 Saturday, September 25, 1915 Page: 1 of 4
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OKLAHOMA LABOR UNIT
DEVOTED EXCLUSIVELY TO THE INTERESTS OF THE WORKING PEOPLE OF OKLAHOMA
VOL. VIII.
OKLAHOMA CITY. OKLAHOMA. SATURDAY, SEPTEMBER 25, I«15
NO. 14
METAL TRADES ARE
SECURING RESULTS
| Following the public statement
GAINING SHORTER HOURS AND given out by the State Board of Af-
Ml
BETTER PAY IN MANY
SECTIONS.
fairs through the press that coal
mines would be opened on the peni-
tentiary lands at McAlester and that
The Machinists and other Metal state convicts would be employed
Trades organizations are taking every therein, the Oklahoma State Federa-
possible advantage of the conditions j tion of Labor, by and through its of-
prevailing in the New England states , fleers, Edgar Fenton, president, and
in ordnance and munition works. Over \ Ollie S. Wilson, secretary-treasurer,
2,000 new members have been obtained has filed a protest against such a
in Waterbury, Conn. Some of the
firms there immediately reduced hours
from 60 to 55 per week without reduc-
ing pay. The men are, wever, de-
termined to secure the hour day.
At Springfield, Mass eight-
hour day with no reduc* \ pay,
time and one-half for over was
secured by 2800 machinists . ^ * her
metal workers employed by ti. •- U-
inghouse and Bosch Electric
panies.
At Derby Conn., a fifty-hour w - '.entlemen:
without reduction in pay was secur ^>,n comp,iance with your permls-
by machinists at the Dairy Machim ^ (Q flIe a ,)rlef of HUthoritips an(1
Company.
procedure. The officers of the Fed-
eration hold that the opening of mines
and the employment of convicts there-
in is a clear violation of the laws of
Oklahoma, and in support of such con-
tention, and after consulting with at-
torneys Giddings and Lillard, the fol-
lowing brief and statements of facts
has been submitted to the Board:
"To the Honorable Board of Public
Affairs:
"Oklahoma City, Oklahoma.
At Ansonia, Conn., the eight-hour
day was obtained, benefiting eighty
men.
At Bridgeport, Conn., twenty-t.wo
engineering companies and machine
shops capitulated thereby securing
for 25,000 employes the eight-hour day
day and material increases in pay.
At Plainfield, N. J., 1,200 machin-!
ists secured the eight-hour day in i
seven machine shops.
At Taunton, Mass., three manufac-;
turers of printing presses granted the
machinists' demands.
It was found necessary to strike in
a proteRt against the opening of a
coal mine on land belonging to the
penal institution at McAlester and
working the same with the state's
convicts for the purpose of supplying
the several state institutions with
coal, we beg leave to submit the fol-
lowing:
"First. That the laws of the state
of Oklahoma in full force and effect
at this time, absolutely prohibit such
contemplated procedure, and that like-
wise the constitution of the state, in
spirit at least, prohibits the same.
"We make this statement with due
some shops at Pawtucket and Woon-j deference to the opinion of the at-
socket, R. I., Jamestown, N. Y., and torney general's office to the contrary,
Boston, Mass., by machinists for the and without the least intention to
eight-hour day.
OTHER MACHINISTS' GAINS.
Recent strikers at the La France
Fire Engine Company of Elmira, N. Y.
have secured an average increase of
two cents per hour since the strike
was settled.
Machinists at Raleigh, N. C., re-
duced hours from nine to eight per
day and increased wages from 27V
cents per hour to a 42-cent per hour
minimum.
Machinists employed in twenty-one
contract shops in New Orleans se-
cured a reduction in hours from nine
to eight per day without reduction
criticise that opinion.
"In 1906-07 the first state legisla-
ture of Oklahoma, in the general law
regulating mines and mining, passed
the following provision: 'In no event
shall convicts in this state ever be
employed in any coal or mineral mines
of this state, other than stone or such
other material as will be necessary
for the construction and maintenance
of the public highways or public
works of the state.'
"Unless some subsequent statute
repeals the one just quoted, here is a
positive inhibition against the letting
of such a contract.
"We believe that the attorney gen-
in pay. In this instance the National i cral and we are agreed upon the prop-
Metal Trades Association recognized
the International Association of Ma-
chinists for the first time since 1901.
In Baton Rouge, La., machinists
employed at the Standard Oil Com-
pany increased their wages 35 cents
per day.
In Baltimore, Md., new agreements
have been made by machinists with
employers of contracting and job
shops whereby the eight-hour day was
secured with substantial increases in
pay.
A lockout at the Kansas City Ter-
minal, Kansas City, Mo., has ended
in a complete Victory for all the.
trades involved and represented in
the Railway Employes Department of
the American Federation of Labor.
PRIDGEPORT GIRLS WIN.
Bridgeport, Conn., Sept. 23.—A. F. j
of L. Organizers James E. Roach and (
Mrs. Mary Scully, secured a satis-;
factory agreement with the Warner
Brothers of Bridgeport, whereby the
eight-hour day was secured, day
workers to receive the same rate as
they were previously for a fifty-five
hour week. Minimum rates for begin-
ners to be $3.50 per week for a period
of two weeks; piece work prices ad-
vanced 12% per cent; obnoxious fea-
osition that unless the act of 1913 re-
peals by necesasry implication the
section just quoted, that the same
stands. That standing by itself at
least, the 1915 act does not effect
such a repeal. In the letter of the
attorney general to the governor, un-
der date of September 10, 1915, chap-
ter 215, Session Laws 1913 is quoted
from and the statement made that
the board of prison control was au-
thorized to acquire by purchase or
condemnation the mineral rights to
certain coal lands in Pittsburg county,
and section 2 of that act was quoted
from in full, as follows:
"The board of prison control is
hereby authorized and directed
through the warden of the prison
to open, develop and operate upon
said lands a mine or mines, drive
slopes, entries, air courses and
rooms necessary Tor the develop-
ment and operation of said mine
•or mines.
"And at the top of page 2 of said
letter, the statement is made that by
subsequent sections of that act it is
provided that the coal so mined shall
be used to supply the various state
institutions, and that while the act
does not expressly authorize convicts
to be worked in such mines, still it is
impossible to reach any other con-
MINE OFFICIALS AGAINST PLAN
McAlester, Oklahoma, Sept. 18, 1915.
Mr. Edgar R. Fenton,
President, Federation of Labor,
Oklahoma City, Okla.
My Dear Sir: I am reliably informed that there is a move-
ment on foot that convicts work in the mines located on the
lands of the penitentiary. I believe that this is taking a step
backwards for the reason that all other states are trying to Ret
away from the cruel and inhuman system of working convicts in
the mines. The mines of Oklahoma are the most dangerous in
the world. More miners are killed and maimed in our mines
than anywhere else. Now, when that horrible conditions happens
to practical miners, what will be the condition of the poor unfor-
tunate convicts who are compelled to work in the mines and
knowing nothing about mining. I think it will be a disgrace to
our government for such an outrage as working convicts in the
mines of our state to be established, and 1 sincerely hope that
it will not be allowed.
Respectfully yours,
(Signed) PETE- HANRATY,
President, District 21, United Mine Workers.
tures and demerits abolished; union
shop established, and all future in- elusion from reading the entire act
dustrial adjustments to be made with j that the legislature so intended. We
the shop committee. shall deal with chapter 57, Session
Laws 1915, also mentioned in said let-
ter, a little later in this brief, bear-
ing in mind that even in that act no
mention is made of convicts being
worked in such mines.
"Permit us, first, to take up the
1906-07 law, which is found as sec-
tion 4006 of the Revised Laws of 1910.
What prompted that enactment?
Of what prom-
i RAILROAD EARNINGS
Philadelphia, Sept. 23.—Last winter
the Pennsylvania railroad led the fight
to repeal this state's full crew law,
which is intended to protect the lives What is its history
of trainmen. Legislators were assured )ises waa k ,hp result? What was said
that railroads in this slate are nearly I in ,he legislature about the reason
at the "breaking point" because of 'or 'ls Passage? In the constitutional
districts, when the question was be-
ing mooted of putting the peniten-
tiary of the state in the mining dis-
tricts and protests were made that
it should not be placed there for it
would bring convict labor in compe-
tition with free mining labor, assur-
ances were given, not only to the min-
ers, but the business element, that
there was no possibility of such an
event, that the laws of the state
would absolutely prohibit it. These
assurances were given by party lead-
ers, by candidates for the legislature,
and for other state offices, and even
by state officials. In complance with
these promises by those in authority,
the first state legislature passed this
law, many of its members asseverat-
ing that the reason therefor was not
only grounded in economy and for
good government, but was the fulfill-
ment of a solemn pledge. Never has
that law been tampered with, nor
has any subsequent legislature, a\
least expressly, provided that this
could be done. This protest to some
extent is predicated upon the idea
that to start in this way is but the
entering wedge and the death knell
to the bar against convict labor com-
ing in competition with free labor.
To hold otherwise at least would be
violative of the spirit of that state
constitutional provision that the con-
tracting of convict labor is prohibited.
"Referring now to said chapter 215
Session Laws 1913, with regard to
the board of prison control acquiring
by purchase or condemnation the min-
eral rights to certain coal lands in
Pittsburg county, and to their being
opened, developed and operated, and
that the coal so mined shall be used
to supply the various state institu-
tions, one of the best answers to those
sections not being controlling herein
is the fact that these things were
never done, and that in conformity
to that act no convicts were used in
the mines. Whether these things were
never done because the board of pris-
on control thought it had no author-
ity to use convicts or because of a
failure to get in a position to com-
ply with said act, if it did apply to
convicts, is immaterial. It is suffi-
cient that it did nothing in the prem-
ises looking to the workings of con-
victs in those mines, and that it wenr
out of existence without doing any-
thing in this regard, its duties de-
volving upon the board of public af-
fairs. If in this law it was the inten-
tion of the legislature to use convict
instead of free labor, why did not the
legislature so say? Why was it left
to the imagination when the English
language so easily and readily could
be used to make the meaning of the
law apparent? Just as readily could
free labor be employed and could the
law be so construed, if not more so,
as to say that convict labor may be
so employed, without the slightest
or remotest suggestion In the act to
that effect.
"Is the act of 1906-07 so in conflict
with the act of 1913 that the former
act must fall, or are they not in such
harmony that both may stand with-
out doing violence to either? We do
not have to go beyond the confines
of state adjudications on this ques-
tion to sustain our contention.
"The theory of the honorable attor-
ney general is that the subsequent
acts would repeal by necessary impli-
cation the act upon which we rely.
The admission, therefore, is made
that they are not expressly repealed.
Courts are created for the purpose of
construing and not making laws.
Neither of the subsequent acts has
a repealing clause. Our courts, from
the first volume of the Oklahoma ter-
ritorial reports down, repeatedly have
stated that repeals by implication are
not favored. Smith v. Townsend, 1
Okla., 117. Hadley v. Henry, 115 Pac.
860. So if you hold that these subse-
quent acts repealed the 1906-07 sec-
tion, it is to so hold in a manner not
favored by the courts of this state.
We do not desire to burden this brief
with a long line of authorities upon
such a well, established principle. Ful-
ly thirty dec'sions are set forth in
Gray's Oklahoma Digest, at page 1184,
to this effect.
"Our next suggestion is that where
two statutes, covering in whole or in
part the same subject-matter, or
where it is contended that they cover
in whole or in part the same subject-
matter, are not absolutely irreconcila-
ble, effect should be given to both, if
possible. It certainly cannot be said
that these statutes are absolutely ir-
reconcilable, because under the sub-
sequent acts free labor could be used
in these mines without doing violence
to any of the provisions of the said
subsequent acts—first, because free
labor is not prohibited from being so
used, and, second, because convict
labor is not expressly required to be
so used. As bearing out our conten-
tion in this respect, we respectfully
submit the following Oklahoma author-
ities:
"Carpenter v. Russell, 13 Okla. 277.
"McMillan v. The Board etc. 14
Okla. 659.
"Jefferson v. Winkler 26 Okla. 653.
"Hughes v. Territory, 8 Okla., 28.
"Our next proposition is, that an
express law dealing with a particular
subject is not repealed by a subse-
quent statute treating a subject in
general terms and not expressly con-
tradicting the provisions of a prior
law. Atchison, etc., Co. v. Haines, 8
' Okla., fj76. In Godson vs. United
States, 7. Okla., 117, it is said, 'Re-
peals by implication are not favored
by law, and especially where the ef-
fect would be the repeal of a prior
particular act by a general one.' We
submit that the 1906-07 provision was
a special statute w'th regard to a par-
ticular matter,and that it is not re
pealed by the general acts of 1913 and
1915. Permit us to call your attention
one authority from the Supreme Court
of the United States, binding as it is
upon courts of lesser jurisdiction,
which in principle sustains our con-
tention:
"Illustration. An act of Congress or
all other states of the union, and to
such "unnecessary legislation."
The bill was repealed, hut the re-
pealer was vetoed by the governor.
With these facts in mind, trade
unionists are pointing to this an-
nouncement, made last week:
For July the operating profits of
the Pennsylvania railroad system
show an increase of $1,905,036. That
increase nearly equals the gain for
the whole first half of the year, which
was $2,102,089.
"The Pennsylvania railroad system
is now doing a gross ^business at the
rate of $400,000,000 per annum. The
greatest system gross earnings were
for 1913, being for that year $392,-
436,000. For July the total revenue
was $33,197,016, or $1,132,382 more
than for that month last year."
convention campaign in the mining
FEW MINERS IN PRISON.
The legislature certainly did not
ntend that convicts were to be used
in the coal mines of this state as
in no section of the laws has the
legislature ever said so. It is to be
oresumed that the members of the
the legislature are wise enough to
<now and had in mind the fact that
there were but few miners in the
penitentiary, and not enough to
even start the work of mining, and
that inexperienced men should not
be worked therein in defiance of
the dictates of humanity and ex-
press law.
FALSE REPORT OF CONDITIONS;
GALVESTON UNIONISTS PROTEST
President Gompers lias been notified by the Galveston Labor
C ouncil that "members of organized labor and tlik'ir families suffered
extremely from the recent storm," and ask^ that publicity be given
:i call for contributions to aid the distressed.
In a signed letter to the A. F. of L. executive it is stated that;
"The commercial interests have, through an extremely antag-
onistic and money-throttled press, sent absolutely false reports of
condition^. Many of our members have had, through the horrible
effects of the recent storm, their savings of a lifetime washed away.
The mayor of our city has ignored our efforts to have him send out
an official appeal because the 'interests' contend that it will ruin the
property values of Galveston."
Tt is requested that all donations be forwarded care of J. J.
McNally, box 261, Galveston.
1861 exempted from duty 'animals of
all kinds; birds, singing and other,
and land and water fowls,' and a
later act levied a duty of twenty per
cent 'on all horses, mules, cattle, sheep,
hogs, and other live animals.' It was
held that birds were not included in
the term 'other live animals.' The
court said it was quite manifest that
Congress, in the act of 1861, 'adopting
the popular signification of the word
"animals" applied it to quadrupeds,
and placed birds and fowl.* in a dif-
ferent classification. Congress hav-
ing, therefore, defined the word in one
act, so as to limit its application, how
can it be contended that the definition
shall be enlarged in the next act on
the same subject, when there is no
language used indicating an intention
to produce such a result? Both acts
are in pari materia, and it will be pre-
sumed that if the same word be used
in both, and a special meaning were
given it in the first act, that it was
intended it should receive the same in-
terpretation in the later act, in the
absence of anything to show a con-
trary intention. Relche v. Smythe, 13
Wall. (U. S.) 162. We shall not bur-
den you with further authorities along
these lines.
"Wo now come to that portion of
the honorable attorney general's let-
ter which deals with the law of 1915—
another general law—and which gives
the state board of public affairs the
management and control of the peni-
tentiary. Section T, quoted in the
attorney general's letter, provides:
"'Said hoard shall have the author-
ity to install and equip such business
enterprises, occupations, factories,
manufactories, farming and other bus-
iness not prohibited by the constitu-
tion, as will employ the inmates of
said institutions.'
"In construing that section, the
learned attorney general says:
" 'The operation of a coal mine is
not one of the businesses prohibited
by the constitution, and this last act
seems to grant authority to the state
board of public affairs to open and
operate a coal mine at McAlester and
employ the inmates of the peniten-
tiary therein.'
"The language of the honorable at-
torney general, just quoted, is guarded
and cautious. He informs you that
the act seems to grant authority, but
does not inform you that the act
grants authority. We are unable to
find such a grant of authority in the
act. While it is true that the opera-
tion of a coal mine may not be one
of the businesses prohibited by the
constitution, it is prohibited by ex-
press law. What is intended by such
businesses and factories and the like
comes under the rule of ejusdem
generis, subsequently referred to. No-
where in the act is there power dele-
gated to the board of affairs or to
the warden to open and operate these
contemplated mines with convict la-
bor, nor is any provision made there-
by which the mines should be opened
and the coal furnished to the institu-
tions of the state. If taken in con-
junction with the 1913 act, it means
hose working at such enterprises shall
be paid. The 1906-07 act can stand up
with the 1915 act under our conten-
tion that free labor may be employed
for these purposes, if the contention
be that the act applies to mines, al
though the word 'mines' nowhere in
the act appears, unless we greatly
are in error. Our construction of the
words referred to by the attorney gen
eral, as quoted from section 7 of the
act of 1915 with regard to other busi-
nesses, is with regard to factories,
manufactories and farming specific
avocations therein mentioned. No-
where therein are the words 'mines'
or 'mining' found. If the legislature
intended to include mines and min-
ing, why did it not say so In the
case of Maben v. Rosser, 103 Pac.,
675, the doctrine is laid down, quoting
from an Indiana case, that 'The rule
is that where words of a particular
description in a statute are followed
by general words that are not so spec-
ified and limited, unless there be a
clear manifestation of a contrary pur
pose, the general words are to be con-
strued as applicable to persons or
things, or cases, of like kind to those
designated by the particular words.'
This is the settled rule in this and in
(Continued on page 2.
NO PROFIT TO STATE.
There is no more reason to as-
sert that convicts could be used in
themines of the state, owned or
operated by the state, than to say
that free labor should not be used
therein and could not be used
therein. The state would get a
more legitimate profit, taking into
consideration all things, by the
latter than by the former course.
The board of prison control is au-
thorized by law to employ persons
in the occupations the state may
engage in, and the amount of their
salaries and wages are fixed by
law.
"ONLY HOPE OF U.S. IS
EDUCATION"—WALSH
PEOPLE MAY OVERTHROW INJUS-
TICE OVER NIGHT IF THEY
WILL BUT DO 30.
"I was neither judge nor juryman. A
man who is endeavoring to develop the
I truth from some witnesses—some un-
willing—is not a judicial officer. That
is what 1 mean when 1 say so fre-
quently that 'judicial poise' has no
place in my field," said Frank P.
Walsh, chairman of the commission on
industrial relations, while in San Fran-
cisco recently.
"The facts which were assembled by
the commission and by me as chair-
man must stand for themselves—and
let this sink in—every act presented
in the report is undisputed. Only
those were presented which were
agreed upon as truth by both the work-
ers and the employers," said the ex-
federal prober.
"When 1 accepted the appointment
I conceived that the duty and the task
set before me was to obtain undis-
puted facts for all the people, for the
man who has invested his millions and
for the man who has invested his
labor and his life. 1 saw the great
working, hoping, striving millions of
l men and women, (Jod's creatures, in
I every avenue of industry. The act of
' congress which created the commis-
I sion declared tha1 there was unrest
J and bitterness in the land. Thero
were dashes between the men who
labored—and those who hired them.
There were hatred and outbursts of
passion, strikes, lockouts, injunctions,
gunmen, militia and riots.
"The people asked why. For the
people paid. They paid in the cost of
the things they ate and wore. They
paid in taxes for the burden of gov-
ernment—and the people meant not,
the laborer nor the capitalist, but both
of these, and all others, all the people,
not a part.
"I went to this commission as a law-
yer, determined to bring out all the
facts, to present only the undisputed
facts to the people so that they may
judge—and find the remedy.
"I am not a doctrinaire, nor a polit-
ical economist. I have no panacea for
the ills. I have no bottled justice
which may be taken at a dose.
"The remedies proposed have been
offered to congress for what they are
worth. No one could have a panacea
for industrial ills. The inquiry, in its
essence, involves the study of life it-
self. You cannot card-Index the hopes,
aspirations, happiness, miseries, laugh-
ter and tears of the human family. I
const rued my job to be an assembling
of the facts as they actually existed.
"The hope of right conditions Is
through education. The circle of
knowledge is widening. The people
are learning to detect sham. They
are fooled less by those who exploit
them. More and more men with good
minds and ideals of justice are work-
ing for the common good.
"The people—the jury now have
the facts. They now observe how
capital is becoming more highly con-
centrated daily; how the natural re-
sources of the country, the heritage of
all of us, have been seized by a feu,
and are exploited to the hurt of the
rest of us. The people have a growing
sense of their power to overthrow this
injustice over night if they hut will
do it so.
"When enough of us get the idea, it
may be done between days. '
Springfield, Mass., Sept. 23. — Ma-
chinists employed by the National
Equipment company are on strike he-
cause of discrimination. The union-
ists demand that the victimized work-
ers be reinstated and that an eight -
hour day and time and one half over-
time be granted.
j IMMIGRATION FIGURES j
Washington, Sept. '2'\.—Immigration
figures for July, just issued by the de-
partment of labor, would indicate that
the minimum of immigration, beea i-e
of the European war, has been
reached.
The figures for July, and the pre-
ceding five months, aie as follows
July, 27,097: June, 28,499; May, 3' .363:
April, 31,765; March, 26,:: 5; Febru-
ary, 28,704.
Southern Europe furnished the larg-
est number of immigrants during July
2,44* from Greece and 1.n77 from
Italy. England is third in the list
with 1,125, followed by Japan with
912; Ireland, 748; Portugal, 726, and
France, 584.
The unskilled included 4,315 labor-
ers, 1.989 servants and 1,137 farm la-
borers.
A majority of these immigrants were
ticketed to the following states: New
York, 6,285; Massachusetts, 1,860;
California, 1,786. Michigan, 1.689;
Pennsylvania, 1,070; Washington, 932;
Illinois, 839; Texas, 767, and Ohio,
689.
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Oklahoma Labor Unit (Oklahoma City, Okla.), Vol. 8, No. 14, Ed. 1 Saturday, September 25, 1915, newspaper, September 25, 1915; Oklahoma City, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc157270/m1/1/: accessed April 24, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.