Chapter 382: , Laws of 1889, to read as follows (27)

There were added the stipulations that upon the constitution
of such Commission the miners should return to work and "cease
all interference with and persecution of any non-union men who
are working or shall hereafter work," and that the
Commission’s findings should govern the conditions of
employment between the respective companies and their own
employees for a term of at least three years. On this basis,
with some modifications, an agreement with Mr. Mitchell,
acting for the miners, was arrived at, and the appointment of
the Commission, named as follows, was announced on the 16th:

Brigadier General John M. Wilson, U. S. A., retired
(late Chief of Engineers), Washington, D. C.,
"as an officer of the Engineer Corps."

Edward Wheeler Parker, Washington, D. C.,
chief statistician of the coal division of the Geological
Survey, and editor of the Engineering and Mining Journal;
"as an expert mining engineer."

Honorable George Gray, Wilmington, Delaware,
"as a Judge of a United States Court."

Edgar E. Clark, Cedar Rapids, Iowa, Grand Chief of the Order
of Railway Conductors, as a sociologist, the President
assuming that for the purpose of such a Commission the term
sociologist means a man who has thought and studied deeply on
social questions and has practically applied his knowledge."

Thomas H. Watkins, Scranton, Pennsylvania,
"as a man practically acquainted with the mining and
selling of coal."

Bishop John L. Spalding, Peoria, Illinois
(The President added the Bishop’s name to the Commission.)

Carroll D. Wright, Commissioner of Labor;
appointed Recorder of the Commission.

Mr. Mitchell’s acceptance of the plan of settlement, as
finally worked out by the President, was ratified by a miners’
convention at Wilkes-barre, and the strike was declared at an
end October 21st. The Arbitration Commission was organized at
the White House on the 24th, under the presidency of Judge
Gray. Carroll D. Wright, appointed originally as recorder of
the Commission, was added as a seventh member to the board,
all parties consenting. Public hearings by the Commission were
opened at Scranton on the 14th of November, President Mitchell
being the first witness, under cross-examination by railway
attorneys for five days. The investigation was laborious and
long, and it was not until the 21st of March, 1903, that the
award of the Commission was made. The following summary of its
important decisions is derived from an exposition of it by
Walter E. Weyl, Ph. D., in The _Review of Reviews_ for
April, 1903:

"There were four demands of the miners,--namely, for an
increase of pay, a decrease in hours, the weighing of coal
where practicable, and the recognition of the union. The first
two demands of the miners have been compromised, the miners
receiving over half of the increase demanded; the third demand
was refused, but the conditions reformed; while for the fourth
demand, the men secured practically what they desired,
although formal recognition was denied them.

"At the beginning of the hearings, the commission decided that
any increase in the rate of pay, or any decrease in the hours,
should be retroactive, and be effective from the first day of
November. There would have been difficulty in carrying out
this plan, however, especially in the case of a reduction in
hours, and in substitution therefor the commission provided
for a 10 per cent. increase in all wages of all employees
during the five months of investigation, from November 1,
1902, to April 1, 1903. … With regard to future wages and
future hours of labor, the commission has adopted the plan of
awarding increases for the various classes of employees and
making this increased wage the minimum of a sliding scale. In
other words, during the three years from April 1, 1903, to
April 1, 1906, wages may not fall below the increased scale
now awarded, no matter what the price of coal may be, but must
rise above that rate in case the price of coal advances. The
contract miners asked for an increase of 20 per cent., and
have received a minimum of 10 per cent." The engineers
hoisting water and the firemen were awarded the reduction in
hours that they asked for, from twelve to eight, without
reduced pay. Other engineers and pump men who asked the same
received a five per cent. increase of pay with a reduction of
working days per week from seven to six. The work day of men
paid by the day was cut down from ten hours to nine. "These
wages, however, are not necessarily the wages which will
prevail, but merely the irreducible minimum of wages during
the next three years. It was suggested by Mr. Baer that a
sliding scale should be adopted, and that the wages of all
mine workers should not fall below what they were in April,
1902, but should be increased by one per cent. for every five
cents increase in the price of the large sizes of coal in New
York City." This seems to have made part of the award.

"The commission says that it does not consider the question of
recognition within the scope of the jurisdiction conferred
upon it, although it states that ‘the suggestion of a working
agreement between employees and employers embodying the
doctrine of collective bargaining is one which the commission
believes contains many hopeful elements for the adjustment of
relations in the mining region.’ This concession, however, is
qualified by the statement that ‘the present constitution of
the United Mine Workers of America does not present the most
inviting inducements to the operators to enter into
contractual relations with it.’ Notwithstanding its disclaimer
of jurisdiction, however, the Anthracite Coal Strike
Commission has in practical effect compelled the operators to
grant to the union full, plenary, and distinct recognition.
The recognition of the United Mine Workers is clearly
indicated by the language of the award.
{391}