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                    <text>Engl

'ng at the Urniversity of Wyoming

By J. R. GUITERAS, Professor of Minin7 Eng ineering , University of Wyoming·, Laramie, Wyoming.
W ith its enormous reserves of' coal, petroleum , metallics and non-metallics, Wyomin g 1s
especially interested in the activities of its Colle15e of Eng ineerin g.
The Unive rsity of Wyoming at Laramie
- " The Top o' the World"- has recently
er ected a number of magnificent buildings
on its spacious campus. Notable among
these is the new Engineering Building,
housing the departments comprising th e
College of Engineering.
The instructional work at the University
of W yoming is divided among five colleges: Liberal arts, agricult ure, engineering, education, and the law school. The
College of Engineering includes the depa r tments of mining, civil, electrical, a nd mechanical eng ineering. A four-y ear course
of study in one of these departments leads
t o th e appropriate bachelor's degree, t he
corresponding profess ional degree being
conf er r ed aft er five years of practical experience.
T he depar tment of mining eng ineering,
in attempting to include within its curricula t he vast a rray of subject mat t er that
is usually consider ed pertinent, offe rs optional courses of stud y along three major
lines: mining enginee1·ing, a broad curriculum including metal and coal mining;
metallurgical engineering and petroleum
engi nee ring. No attempt is made to r evolutionize established principles of engineering education, the aim being rather to
chart a compromise course between the
Scylla of "mere technology" and the
Charybdis of the "Platte River " t yp e of
course all breadth, without sufficient
depth to be useful.
We consider our students fortunate in
finding themselves upon a campus offering
instruction in many interesting and valuable related subjects, in commerce and in
languages.
Contrary to many mining
schools, we have no mine in which the
students learn the fundamentals of underground surveying. Instead, we use our
net work of steam tunnels connecting the
various campus buildings. One of our recent graduates, writing back from his first
experience in an Arizona mine, observes,
"All that is lacking to make it just like
a mine is a small stream of copper water
running down your neck."
With this
"lab" the students carry the meridian underground by one-shaft or two-shaft methods, locate the various stop es (buildings)
and set line~ for underground connections.
Long recognized as containing huge deposits of coal, Wyoming has recently
learned from U. S. G. S. appraisals that
she still · contains nearly as much coal as
all the coal that has ever been mined in

~'t,.

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Th e n ew E n gin ee rin g Buildin g a t the Un iversity of Wyoming .

t he U nited States. P etr oleum and nat ural
gas r esources are also well known, petroleum const ituting th e second gr eat minera l
a sset of t he state. P r ecious metal mi ni ng
in Wyoming has a varied history revolving
mainly about t he scattered g old diggings of
fo rmer years a nd the platinum discoveries
in the old Rambler mine and other wo rkings in the Centennial district. The largest
metallic mining enterprise in Wyoming is
the Sunrise mine, which furnishes 50,000
tons of iron ore a month to the Colorado
Fuel and Iron Company's fu r naces at Pueblo, Colorado. Among the state's non-metallic mineral resources, much activity is
being evidenced in the field of refractories. Abrasive and ceramic materials are
also
r eceiving considerable attention.
Large deposits of leucite bearing rocks assaying 10 per cent k:O give promise of fu.
ture usefulness if and when a commercial
method shall have been developed to extract the potash in a valuable form.
The problems involved in the development of many of these resources constitute a real challenge to the department of
mining engineering of the University of
Wyoming. One of the important functions
of the department is the administration of

TU,3/NEL St/.l?I/EY
t/lVIJ/ERSITY. o/' .11/1"0

M/IWNG8
R NllCHNFTT
HMCR4.SRP

Reprinted from The Mining Journal, Phoenix, Arizona, June 15, 1930

SCRL.E~.A'Jtf
~Ao~

the State Assay Servi ce. This includes
mainl y :
1. Identification of rocks, minerals and
mineral products, their fi elds of usefulness,
markets, etc.
2. The a ssay of ores.
3. Coal analysis.
4. Ore testing.
The ore dressing laboratory has recently
been equipped with the most modern apparatus obtainable for the testing of ores.
Every effort is made to establish contacts
between the assay service and industrial
enterp1;ses engaged in the development of
the mineral resources of Wyoming. It is
in this laboratory that the students become
acquainted with testing methods and flow
sheets in their attempt to determine the
most advantageous treatment for a definite
ore.
To supplement .their classroom work, senior students take an inspection trip, usually to the Salt Lake City district, for the
purpose of studying modern equipment
and methods of operation.
Inspection
trips are also made to the Union Pacific
coal mines at Rock Springs, probably the
most efficiently equipped in the United
States. The Salt Creek oil fields and others in Wyoming, as well as many mining
and industrial undertakings in nearby Colorado afford additional opportunity to supplement bookwork wi~h field practice.
Recent graduates are engaged in mining
work in all of our western mining states
and in Mexico, South America and Africa.
The boys are unusually good physical specimens and invariably prove satisfactory to
the industry. They seem to be in increasing demand, this year's graduating class
being practically all placed in spite of the
prevailing adverse economic conditions.
Unfortunately, the office of the state
geologist of Wyoming is at Cheyenne, but
the petroleum research station of the U. S.
bureau of mines is located on the university campus; and it should be stated
that the department of mining engineering
greatly appreciates the cordial spirit of
co-operation extended it by these two valuable allies, as well as by other departments of the university.

�at the Unive:rsity of Wyoming
_.,, Professor of Mininp Engineering, University of Wy oming, Loramie, Wyoming.
&lt;!normous reserves of' coal, petroleum , metallics ond non-metallics, Wyoming is
especially interested in the activiti&lt;'s of its College of Engineering .
. cy of Wyoming at Laramie
Pc- -=: , -. --~ '
';.Q
. o' the World"-has recently
number of magnificent buildings
spacious campus. Notable among
-, is the new Engineering Building,
JUsing the departments comprising th e
College of Engineering.
The instructional work at the University
.. .
of Wyoming is divided among five colleges: Liberal arts, agriculture, engineer.
'
ing, education, and the law school. The
College of Engineering includes the departments of mining, civil, electrical, and mechanical engineering. A four-y ear course
of study in one of these departments leads
to the appropriate bachelor's degree, the
correRponding professional degree being
·~
:~
•
conferred after five years of practical exI
.._,:-,ij
it O
perience.
The department of mining· engineering,
- el
_:.::in attempting to include within its curricula the vast array of subject matter that
•
z. .. _ _
is usually considered pertinent, offers op.
"- .
tional courses of study along three major
&gt;
lines: mining engineering, a broad curritt. ,.
1.
culum including metal and coal mining;
,. -"" " -J
1,. _
metallurgical engineering and petroleum
engineering. No attempt is made to r evThe new Engineering Building at the University of Wyoming.
olutionize established principles of engineering education, the aim being rather to
chart a compromise course between the the United States. P etroleum and natural the State Assay Service. This inciudes
Scylla of "mere technology" and the gas resources are a lso well known, petro- mainly:
Charybdis of the "Platte River" type of leum constituting the second great mineral
1. Identification of rocks, minerals and
course all breadth, without sufficient asset of the state. Precious metal mining mineral products, their fields of usefulness,
in Wyoming has a varied history revolving markets, etc.
depth to be useful.
We consider our students fortunate in mainly about the scattered gold diggings of
2. The assay of ores.
form
er years and the platinum discoveries
finding themselves upon a campus offering
3. Coal analysis.
instruction in many interesting and valu- in the old Ramble1· mine and other work4. Ore testing.
able related subjects, in commerce and in ings in the Centennial district. The largest
The ore dressing laboratory has recently
languages.
Contrary to many mining metallic mining enterprise in Wyoming is
schools, we have no mine in which the the Sunrise mine, which furnishes 50,000 been equipped with the most modern apstudents learn the fundamentals of under- tons of iron ore a month to the Colorado paratus obtainable for the testing of ores.
ground surveying. Instead, we use our Fuel and Iron Company's furnaces at Pue- Every effort is made to establish contacts
net work of steam tunnels connecting the blo, Colorado. Among the state's non-me- between the assay service and industrial
various campus buildings. One of our re- tallic mineral resources, much activity is enterprises engaged in the development of
cent graduates, writing back from his first being evidenced in the field of refrac- the mineral resources of Wyoming. It is
experience in an Arizona mine, observes, tories. Abrasive and ceramic materials are in this laboratory that the students become
receiving considerable attention. acquainted with testing methods and flow
"All that is lacking to make it just like also
a mine is a small stream of copper water • Large deposits of leucite bearing rocks as- sheets in their attempt to determine the
running down your neck."
With this saying 10 per cent k:O give promise of fu- most advantageous treatment for a definite
"lab" the students carry the meridian un- ture usefulness if and when a commercial ore.
derground by one-shaft or two-shaft meth- method shall have been developed to exTo supplement their classroom work, seods, locate the various stopes (buildings) tract the potash in a valuable form.
nior students take an inspection trip, usuand set line.s for underground connections.
The problems involved in the develop- ally to the Salt Lake City district, for the
Long recognized as containing huge de- ment of many of these resources consti- purpose of studying modern equipment
posits of coal, Wyoming has recently tute a real challenge to the department of and methods of operation.
Inspection
learned from U. S. G. S. appraisals that mining engineering of the University of trips are also made to the Union Pacific
she still contains nearly as much coal as Wyoming. One of the important functions coal mines at Rock Springs, probably the
all the coal that has ever been mined in of the department is the administration of most efficiently equipped in the United
States. The Salt Creek oil fields and others in Wyoming, as well as many mining
and industrial undertakings in ·nearby Colorado afford additional opportunity to supplement bookwork with field practice.
Recent graduates are engaged in mining
work in all of our western mining states
and in Mexico, South America and Africa.
The boys are unusually good physical specimens and invariably prove satisfactory to
the industry. They seem to be in increasing demand, this year's graduating class
being practically all placed in spite of the
prevailing adverse economic conditions.

~f{¾f:~

~

~~\~~::

l1_-

,

.

·-

J

TU,..YIVEL SU/WEY
t/lY,YE,RSITY. or J,1/)"0
M/N/NG8
HNIIL'NN£'TT
HM&amp;MS/fP

Reprinted from The Mining Journal, Phoenix, Arizona, June 15, 1930

SCRJ.IJ'./'Dd
.,,...._. Jt4,/1Al8

Unfortunately, the office of the state
geologist of Wyoming is at Cheyenne, but
the petroleum research station of the U. S.
bureau of mines is located on the university campus; and it should be stated
that the department of mining engineering
greatly appreciates the cordial spirit of
co-operation extended it by these two valuable allies, as well as by other departments of the university.

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                  <text>This collection is made possible in part by a generous grant from Wyoming Humanities. All materials are the property of Union Pacific Coal Company, on long-term loan at Western Wyoming Community College. For usage inquiries, contact the &lt;a href="https://www.uprrmuseum.org"&gt;Union Pacific Museum&lt;/a&gt;</text>
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                <text>J. R. Guiteras</text>
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                <text>The Union Pacific Coal Co.</text>
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                    <text>FILE NOo

284 - VISITORS

FRENCH Visitors
BELGIAN Visitors
11 -

BELGIAN Engineers

OCT/50

-

Accompanied by Mr. Wm. S. Gentry of
Economic Coopera.ticn Admn. - Wash., D. c.

DUCHATEAU, Henri

DEC/51

-

French Student.

13 - FRENCH Mining :t::Sn
t-Group of 15t.-

FEB/52

-

Visitors to US under Technical Assistance
Program of ECA.

14- RIGALDIES, R.
MORIN, M. ·

MAY/50

-

Fr ench Mining Engineers.

15- Messrs. BESSE, COLAS, DU PUY,

JUL/53

12 -

- French Mining Students.

&amp; 1-'J.ATHIEIJ.

&lt;&gt;

�Noo

15

�~· ~. ~-~

UNITED STATES
DEPARTMENT OF THE INTERIOR

-~~It/

BUREAU OF MINES
REGION IV

;J:/
224 NEW CUSTOMHOUSE

0FFICll:0F

DENVER 2, COLORADO

REGIONAL. DIRll:CTOR

August 24, 195t f ~
/ /

Mro V. O. Murray

Vice President, Operation
The Union Pacific Coal Company
Rock Springs, Wyoming
Dear Mr. Murray:
This will acknowledge receipt of your letter dated August
20, advising that the French mining students finally arrived in
Rock Springs on ·August 17 and were shmm through your Stansbury Mine.
The Bureau greatly appreciates your cooperation in this
matter.
Yours very truly,

f~

• H. East, Jr.
egional Director

�Mr. J. H. East, Jr.
Regional Director
United States Dept. of the Interior
Bureau of Uines
224 New Customhouse
Denver 2, Colorado
Dear ~5r. East :
This is to advise that the French mining students, 1.'.essrs. Besse, Colas, Dupuy, and :o..athieu, arrived
in Rock Springs the late afternoon of August 17th and
were shovm throur;h one of the s eams in Stansbury ~
une

on the 18th; they left Rock Springs that evening for
points west, going to Salt Lake and on to San Francisco.
I thought you might be interested in knowing
that they had arrived.

Kindest regards.
Sincerely yours,

Original Sig-ne&lt;l;

V, O, MU RRAY

VOM:dtz

�G-. N. BE.SSE1-\ • A. C«&gt; LAS

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�REGIONAL OIRECTOR

REGION IV
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF MINES
224 NEW CUSTOMHOUSE
DENVER Z, COLORADO

J

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3~,f{;;f:J VED
AUG 2 r 53
VlCE-PRESIDr:NT
OPERATIONS

Mro Vo O. Murray
Vice President, Operation
Union Pacific Coal Company
Rock Springs, W"tJOming
Dear Mr. Murray:
We have your letter of Ju~ 28 stating that you will see
that the wandering French mining students, Messrs. Besse, Colas,
r Dupuy, and Mathieu, are shown the Union Pacific Coal Company mines
when they arrive.
The letter from Mr. Shultz of the Bureau of Mines in
Washington, of ~rhich you received copy, indicated much vagueness
in the students' itinerary. Your courtesy is very much appreciated in arra.~ging to show them some attention if and when they
arrive.
Best of personal regards.

Copy to:

I. N. Bayless
1416 Dodge Street
Omaha, Nebraska

�RELEASE FROM LIABILITY
Each of the undersigned hereby states that he understands and realizes
that coal mines and mining premises are eAtremely dangerous; and that for and in
consideration of permission granted to him by The Union Pacific Coal Compacy-, a
corporation, to visit and inspect its coal mine, operations and premises on this
day of ____(_v_
· -:l/-_c..u....
-1-/_
·'¼/.;..;.·___ , 19..L.l, and subsequent days, each of said
I

undersigned does hereby assume any and all risk of personal injuries and for loss
of or damage to his property, while upon said Company's premises, and while traveling to and from the same, and does hereby, for himself and his heirs, executors,
administrators and dependents, forever acquit, release and discharge said ·The Union
Pacific Coal Company, a corporation, and all its officers, agents, servants and
employees, from any and all liability, of whatsoever character, for any and all
personal injuries, and for loss of or damage to his property, which may be sustained by him while upon said Company's premises, or VJhile traveling to and from
the same, irrespective of the manner in which said injuries or damages may arise
or be caused, and whether said injuries result in death or otherwise; and each of
the undersigned covenants that neither he nor his heirs, executors, administrators,
or dependents shall ever institute any action or legal proceeding to recover d:JJil.ages for such injuries or death, or damages to his property.
If this release shall be executed by a female, the pronouns "he",

11

himrr,

"his" and "himself", as used herein, shall be read and construed to include their
feminine equivalent.
Dated this _ _ _ _ day of

/

f' 4u...v1-----

, 19--5.l-.

�RELEASE FROM LIABILITY

Each of the undersigned hereby states that he understands and realizes
that coal mines and mining premises are extremely dangerous; and that for and in
consideration of permission granted to him by The Union Pacific Coal Compaey, a
corporation, to visit and inspect its coal mine, operations and premises on this
_____ day of

)J q

/J.

V

~-./~ , 19__:_, and subsequent days, each of said

undersigned does hereby assume any and all risk of personal injuries and for loss
of or damage to his property, while upon said Company's premises, and while traveling to and from the same, and does hereby, for himself and his heirs, executors,
administrators and dependents, forever acquit, release and discharge said The Union
Pacific Coal Company, a corporation, and all its officers, agents, servants and
employees, from any and all liability, of whatsoever character, for any and all
personal injuries, and for loss of or damage to his property, which may be sustained by him while upon said Company's premises, or while traveling to and from
the same, irrespective of the manner in which said injuries or damages may arise
or be caused, and whether said injuries result in death or otherwise; and each of
the undersigned covenants that neither he nor his heirs, executors, administrators,
or dependents shall ever institute any action or legal proceeding to recover damages for such injuries or death, or damages to his property.
If this release shall be executed by a female, the pronouns "he", "him",
"his" ~d "himself", as used herein, shall be read and construed to include their
feminine equivalent.
Dated this

,A Z

day of ____{J.,-vA,
__....,.......
_1-_____ , 19~.

I HAVE READ AND FULLY UNDERSTAND TH;; ABOVE RELEA.:iE.

I

�RELEASE FROM LIABILITY
Each of the undersigned hereby states that he understands and realizes
that coal mi~es and mining premises are extremely dangerous; and that for and in
consideration of permission granted to him by The Union Pacific Coal Compaey, a
corporation, to visit and inspect its coal mine, operations and premises on this

lfe;&lt;fl ti 5 -f'

day of

, 19 ~ and subsequent dcys, each of said

undersigned does hereby assume any and all risk of personal injuries and for loss
of or damage to his property, while upon said Company's premises, and while traveling to and from the same, and does hereby, for himself and his heirs, executors,
administrators and dependents, forever acquit, release and discharge said The Union
Pacific Coal Company, a corporation, and all its officers, agents, servants and
employees, from any and all liability, of whatsoever cha racter, for any and a]J.
personal injuries, and for loss of or damage to his property, which may be sustained by him while upon said Company's premises, or while traveling to and from
the same, irrespective of the manner in which said injuries or damages may arise
or be caused, and whether said injuries result in death or otherwise; and each of
the undersigned covenants that neither he nor his heirs, executors, administrators~
or dependents shall ever institute any action or legal proceeding to recover damages for such injuries or death, or damages to his property.
If this release shall be executed by a female, the pronouns "he",

"him",

"his" and "himself", as used herein, shall be read and construed to include their
feminine equivalent.
Dated this

/J'

day of

&amp;:;zv 5 f

I Hf.VE READ AND FULLY UNDERSTAND THE ABOVE RELEA0E •

lµ'ne.4

19;3.

�July 28, 1953

Mr. John H. East, Jr., Regional Director
Resion IX
United States Department of the Interior
Bureau of Mines
224 New Customhouse
Denver 2, Colorado
Dear Hr. East:
Vle have received a carbon copy of letter from
Ur. Robert F. Schultz, Techanical Assistant, Region IX,
regarding the visit of ~essrs. Bes se , Colns, Dupuy, and
Mathieu, French l..!ining Students, to Rock Springs and
advising they are on their way to Rock Spring8 by auto.

Tie note at the present time they will not be
able to arrive at Rock Springs on date July 30 due to a
side trip to Canada.
ne will see that the above men are shown Union
Pacific Coal Company mines Hhen thesr arrive.
Very truly yours,
Origina l S igned:

V, O, MURRAY

VOM:KB

�UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF MINES
WASHIN GTON 25, D. C.

f'ub,joct:

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vis:ti to )Jck E~n-.lr-..10 coul "\
't,hcir bebo2.t i~ t~tld [;1.\_,~o;;t, c 1)ost.~1onc1e;nt ,r- vi cd thoy i:-r ,,: •o ,s u~'G
·Ui.0' 1.;ould w "rivo on cc .c:.1nlco 11.'hc.r t:-8i....c n'J t~ iL _net, dcl.L ;l;e,3 ' u't
i~1ou::;a t hoy t;ould G.TT.'.:1:1.jo nho.t '(J...,s .:'c:1Giblo clr:: ::,: t! o w:...,y o
[I_COOl"'cii;1£ly:, I D.~:l i" ·2ldi.(j CO_JiCD 0£ t s iD t,-:, l: ' o
Eaylcoo., eo.ncclin.5 t he visit for Julj- J~o

ROBERT f. scH.,n.Tii

�.JUl;y 15 p 1953

r:r . J . H. ,.., r. st~ J1,, .
n.e 6 io m,1 Direo-:ior

li . ~ . 3urec:1.1 o f 1f. ine s
.2L~ l~i?'c,r Customhouse

1~ sri vs:r 2 , Color·rJ:lo

to me eti ng the French

Si ncerely yours/)
Oi"igin• .~·

I . N.

-

�REGIONAL DIRECTOR

REGION rlf

UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF MINES
224 NEW CUSTOMHOUSE
D ENVER 2, COLORADO

13, 1953
'

~

.

,_.,

l 4 • ::·· J
f:SfDJ:Nr

~s

~ .~: . ·.·

Mr . I. H. Bayless , Pi~esident
Union Pac i fic Coa l Company
1416 DodRe St r eet
Omaha 2 ; 1~cb:taska

Dem.· r:Ir . Bayle ss :
:.. u.:-c l e tter of July 6 r e l a tive -co proposed one -co "i;1·! 0 d:,.y
visi·i; ol f em, Fr e nch mi n ing s tud.em~s to you.:. pr ope:cties v:i; _ ocls.
Sprin 3 s , W;y omi ng, is much a.pprccia t c;;d .
I Lave just bee n advis ed ·i.;ho:G t hese s tu.a.ents ru.,c arriving
in t h e 1 n itz '1.. St a:i.;es one ueel;: l a-i;er t han ori !5i uall y s che dulei:L,, an.a.
i.:;ha'G o. r e v i s ed itiner e.ry ha.a b een p1·epGrcd -J:or '.;helil inclu -.i ~ a v i s it
to Rock :Jp:d ng z on July 30 .
1u en thi s da·te h a s b een conf irme d, 1re : rill a dvi ce: yot1 und
Copy of l e ·tter f-L' O.Gl Rober t F . Schu.l·i;z , Tech.n.icnl Assis tant,
Re:g:1.on I X7 l! shington, D.C . , i:' egaxding this visit is enclo::;e d .

lY'ir . I'.i\n·roy .

Sinc7;~~/£

~

R. Eas~;::.- "/"-gional Dirzcto:r

Copy t o : l.tf. O. Murray, Vice President, Rock Springs, Uyomin~

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-1z· . ; . :: . Gr-oaco)

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oo L.e tir.e be· .-reen J uly 20 ;:;nu ~o :
Our- · eo _ple Ji ll b e very h c.t_py t o e ternl cour•ceaie s

of tLe . r,,tua.ents .
Sino ez&gt; ely you!'o t

�-

0 0

p y -

UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF MINES
224 New Customhouse
Denver 2, Colo.
July 3, 1953

Mr. I. N. Bayless, President
The Union Pacifio Coal Company
1416 Dodge Street
Omaha, Nebraska
Dear Mr. Bayless:
The Director of the Bureau of Mines has been requested
to assist with arrangements for visits by four French mining
students to coal mining operations during this month. We are
advised that the four mining students concerned, by name G.
B~sse, A. Colas, J. Dupuy, and J. N. Mathieu, are members of
the French Bureau of Mines and reoent graduates of the School
of Mines in Paris. We understand that these men will visit
Pennsylvania mines first, but we would like to know as to whether
a 1- or 2-day visit to your operations at Rock Springs would
be possible at some time during the period July 20-30.
Your consideration of and advice in this matter will
be much appreciated.
We will advise you further when we receive more information regarding their itinerary.
Sincerely yours,
/a/ J. H. East, Jr.
Regional Direotor

�NO .

14

�]:!lH

Y°i+ -~

)JJ:✓

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'1

MAURICE CAR

r-.e.~ ~ ~~ c.o-lL·J ~ I

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~ ~ ~ o . J k q y , l&lt;J.4- w.e,,..e__ ~ ,

1Q

CHIE F
FRENCH MINING EQUIPMENT
P U RC H ASI N G O F FI CE

13 2 2 18TH STREET N
WA S HINGTON 6 , 0 ,
0

W

'c. ,

DE C ATUR 2-8300 E XT . 167

�---

-

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I' .

�FRENCH MINING EQUIPMENT
~rCHASING OFFICE
OUR REF.

MINES 2144

)7

~~~~~-/'-

Ii~~---

.

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R£Cf iVE D r WASHINGTON 6, D. C.

~

YOUR REF.

~ : ,18lliS-BT,

DECATUR 8300

VICE•PfJESIDENT

Ma,, 18, 195.3

--,...,.;;;
O~PE
;:,'.R~
!A.!,!
Tl~
ON~·s~ =,J
•w

Mro VoOo Murray

The Union Pacific Coal Canpany
_Rock Springs, Wyoming.

Dear Mr o Murray:
'

Many thanks for your kind authorization to visit the
mine.
We expect to be in Rook Springs Sunday, May 24, and go
to your office Monday moming.
M. Morin and M. Rigaldies, who are not too familiar
"rlith your language, asked me to go mth them. I was supposed to make
a trip uith another french engineer, M. Lafon, but it '\'iould ba :more
convenient to make only one group.
'
)

Is it not imposing too much on you to hav:a a party of
four instead of two?

•

With best personal regards, I remain,

Sincerely yours,

f. 0 -

�RELEASE FROM LIABILITY

Each of the undersigned hereby states that he understands and realizes
that coal mines and mining premises are extremely dangerous; and that for and in
consideration of permission granted to him by The Union Pacific Coal Compaey, a
corporation, to visit and inspect its coal mine, operations and premises on this
_ _ _ _ _ day of __________ , 19__ , and subsequent days, each of said

undersigned does hereby assume any and all risk of personal injuries and for loss
of or damage to his property, while upon said Company's premises, and while traveling to and from the same, and does hereby, for himself and his heirs, executors,
administrators and dependents, forever acquit, release and discharge said The Union
Pacific Coal Company, a corporation, and all its officers, agents, servants and
employees, from any and all liability, of whatsoever cha racter, for aey and all
personal injuries, and for loss of or damage to his property, which may be susta~p.ed by him while upon said Company's premises, or while traveling to and from
the same, irrespective of the manner in which said injuries or damages may arise
or be caused, and ,.,hether said injuries result in death or otherwise; and each of
the undersigned covenants that neither he nor his heirs, executors, administrators,
(

or dependents shall ever institute aey action or legal proceeding to recovGr d.:::un-- • -''
ages for such injuries or death, or damages to his, property.
If this release shall be executed by a female; the pronouns "he", "him",
11

his" and "himself", as used herein, shall be re13:d and construed to include their

feminine equivalent.
Dated this_ _ _ _ day of _______________.. 19_.
I Hli.VE READ AND FULLY UNDERSTAND THS ABOVE RELEA::.iE •

0

'

�:~y 7, 195.3

..2r o Ho Oar
;.r0nch tJining f.quip:1::)nt
Furcl'.U1sina Off'ice
1322 18th St1~Gct., No i!o

·::asbiniton 6, Do Co
(CC - Ero Do 1io Dyor
H0gioncl :.:inint: upor·visor
Uo ~. Gsologicai 0 urvoy
306 Federal Eluilding
• ult Lake Gity l, Ut2h
Mr. Jo Bo Mugh0s
-,
i.1r o Co ~l o Gro3so
I.il:~ o Fo Jo I?0to:r1i.cll)

Your lette r of i:s.y 4, 1953, your r ofcrenco -r5.ineo
1924., p~~tui1tln6 to the visit to some of our co~l r:tlnoo by

t,v;o of ycur r.:dnin!i,; en __ ineeNi f:ro;n France r;ho nill ottond the
Cool Jhou o.t Clevela 1d tbis comiru; ,wok nnd r:ho r1ish to study
som'.) of' the r.:dninc methods of 'rho Union Pa.cific Coc.l Company
a.rrivine ho.r e ':o.y ;l5th!
I i,ish to ndvioc that it nill be satisi'actory for
1-.':r o I o ! .igal.dies and fJr. Lf. If'.Orin t o viai t the prope1,ty and 1-, e
vrl.11 ::.110,,-; them so!:l&lt;e of our mining conditions.
For your inform,1tion, Er. Lo P. Pearce and £Jr . B. J.

Jyer of the u. s. Geoloe;ical Survey called t1e on telephone
this morning relative to the vioit and I infor.m0d the:n that it
··;ould be satisfactory f or the above-mentioned 5entlemen to
vi::;it tho Union Pa cific prop0rtiea.

Very truly yours,
Original Signed;

V, 0, MURRAY
VOU:KI3

�FRENCH MINING EQUIPMENT
PURCHASING OFFICE
ouR REF.

r.nrJEs 1924

I
\

1322 18th STREET. N. W.

WASHINGTON 6, D. C.

YOUR REF.

DECATUR 8300

195.3
Ur. V. 0. t1urra y
Union ~acific Coal Co.
404 N. Street,
Rock Springs, Vlyo.
Dear Ur . ~.!urray:
'Vle u ish to requ e st ki..rldly your p0r:niss ion to visit :rour coa1
mD1in g o,erations , for a group of t uo (2) mining engineers fror.l

France uho ,,iU attend the Coal Sho,.' in Clevel and and afterr:ards
v i sit s -ae mi.-ies to study your mining meth ods :
i.7r o R. Rigaldies
r.T . 1:orin

r.:r

O

If the vis it i s agrea le to you , they a re planning to be in
Rock Springs , r.~onda , r.;ay 25 .
.As you already __ ave been kind enou gh to rece ive r.iany french
visitors in your mines , your worki ng conditions are Y:ell k:novm over
there and follild very similar to those prevailing in our coal fie l ds .
Thus t h is ,risi t would be very valuable.

Yours sincerely,

l.1C/bg

�NO.

13

�r

,: I

, ·;
• ' •• •r-

____.

Douai, May 7 I952

Dear flir !jurray:
I duly receivedo a few days ago 0 your lett.er dated April 9 •
and the ·twelve seriestfphotographs;0 taken during our visit 0 thall
you ware kind enough to send mao
They were very much appreciated by the members of our team,
and. I want to thank you. very sincerely 0 on behalf of them all,
for this souvenir.,.
•
•
Will you pleas.e forward Il\Y' best regards, to Mr Bayless, and to
the different members. of your staff' 0 who were all so helpful
end lcind to US;o
I am 9 vrith kindest personal regards: 0

Yours: very ·t;rµJ.y,

~~
J.courURE
Mr V oO o .Hurray

Vice president, Operatiom
The Union Pacific Coal Company
Rock Springs , Wyoming.
U.S.A.

�./.

~

- ~(N

dl.J PAS-DE-CALAIS

f! HoU~l ~RES t:
DU BASSIN DU NO R :J :

ET r "! ~ ~~~ ""'.L : · - ,, " .. :::' ~

lWAi=

e
Mr V .Oo I.ruRRAY
Vice president, Operation
The Union Pacif_ic Coal Company
Rocle 3prings, '\-';yoming

U. S. A.

�ttpr il 9, 1952

f!. o Coutur e

Houilleres Du Bassin
Du Nord Et Du Pas-De-Culuis
20, Rue OeG r.linimes
Douai ( For d), FR.!11:CE

Dear Uo Couture:
\ copJt of your l ett er t o Cr. :Sayles o of 1~cent
date, r equesting ~clditionul copi es of pict u~es t aken· cturin3
the tine you s p::.m t o.t noel, Spr i nj o, has b een f ort-:nr dcd me .

I a.~ enclodng he rev;ith t hr ee s et s of t,,;;elvo ench ·
of phot ographs t aken &lt;lur in 3 yo ui:- vi si t which may bo used a s

a s ouveni r for each oi' t he t ·,;clve mc!ll.bers of your t eem.
·;iith kind.est r ce;c.\1:'Cis and. best wi shes o

Very truly yours,
Orlgin2,l Signed ;

V, 0, MU RR!1Y

Vm! :ICB

�,o

I

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' .. . .. _ . _

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.

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_,

Omaha - April' 4, 1952
080-3

Mr o v·. o. Murray:

(cc: Mr. H. M. Tibbs)
Suggest that if it is not too much trouble you
secure additional copies of the pictures taken at the time
the French delegation made their vi sit to our properties,
and furnish them to Mr. J. Couture, as r equested in hie
letter, copy attached.

�080-3

April 4, 1962

I-1. Ooutu1.,e

Houilleres Du Bassin
Du Nord Et Du Pas-De-Cal~is
20, Rue Des Minimes
Douai (Nord), FRANCE

Dear r-1 . Couture:
Pic1mouledging i."PCelpt of your letter of March 26,
1952. It '.'7&amp;9 n pl e nsure fol'' me to be o.ble to meet you~
-party in Rook Spring s, Uyoming, nnd hnve &amp;:. very enjoyable

visit §nd dieoussion vith you.
You may be su.r·e 'Gho.t oux• uhole or-gnnizo.tion

joined· in uelcoming your- party, nnd mcny hsve spoken
very nppreciatively of the conduct of e2ch member of the
party t&gt;:hile visiti_ne our propertie0. .

tJe t1ill live in hope of being o.ble to visit some

of your mines in the not too distant future.

! am asking I:l.r. Tibbs, Personnel Manager of Nr.

Murray's office, to secure, if possible, additions.l p10 ture0 and . send to you.
Sino~rely yours,

�-

0 0

p y -

HOUILLERES
DU BASSIN
DU NORD El' DU PAS-DE-CALAIS
OOUAI (NORD)
The 26th March 1952
Mission de Productivite
Charbonnages de France

Mr. BAYLESS
President
The Union Pacific Coal Coo
1416 Dodge Street
OMAHA (Nebraska)
Uo So Ao

Dear Mr. BAYLESS,
It 1s really a pleasure for me to thank you on
behalf of all the French Coal Mining Team for the ext~emely
hearted welcome we have received in youi• mines.
Our mining conditions are misfortunately far from
being as good as yours but we have still gathered information that will certainly be a great help for us and we
are to have been able to see ourselves the way you aohieve
the excellent results of which we were already aware.
Although in every country the miners can feel
during their visits a professional cordiality which is
due to the particular character of our very profession,
we have found here a reception that was even more friendly
and that we shall not forget.
Be sure that if some d~ you or any member of
your staff come and visit the French Mines, you will
be received with the same pleasure that the one we got
from the visiting of your operation.
Sincerely yours,
/s/ J. COUTURE
PS: If it is not too great a trouble for you, we should
be very pleased to receive some more copies of the pictures
taken during the happy d13Ys that we spent in Rock Springs.
I have received two with great pleasure, but I left one ·
to Mademoiselle ROUQUm'TE and it would be a very nice
souvenir for each of the twelve members of the Team.

�(co: Mr. J.B. Hughes
Mr. F. J. Peternell
Mr. Chas. Grosso)
For your information and files, I attach hereto
copy of letter from Mr. B. H. Schull of the Schull-Moake
Coal Company, Marion, Illinois, regarding his v1sit,with
the French ooal mining team, to our prope_r ty.

�-

C O p

Y-

SCHULL - MOAKE COAL COMPANY
Marion, Illinois
Maroh 6, 1952

Mr. I. N. Bayless, President
The Union Pacific Coal Company
1416 Dodge Street
Omaha, Nebraska
Dear Newt:
On behalf of the French Coal Mining Team and myself,

I want to thank you for the courtesy shown us by you and

your entire organization while we were in Rook Springs.
It is a pleasure to meet old friends and mine a little
coal.

In Washington the French Team in making their report
_put Rock Springs and your organization #1 on accidents,
courtesy and your system of mining, which gives me great
pleasure in passing it on to you and your organization.
If you ever get down in our section of the country,
please wire me a day or two in advance, as I would like
to reciprocate for the courtesy shown ue whtle in Rock
Springs.
Again, thanking you and your organization, and with
best personal regards, I am
.
.
Very truly yours,

/a/ B. H. Schull

�LA SALLE APARTMENT HOTEL
CONNECTICUT AVENUE AT L

STRJIIET

WASHINGTON 6, D. 0.

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�· NEW HOPE F
· - - - SUP : . _

THE HE-ART FUND

�Rock Springs - February 11, 1952

Mr. Io No Bayless:
Enclosed herewith photographs taken of the visiting
French party that was here and visited the Rock Springs Mines
February 5 to 7, inclusive, which I thought might be of interest

to you and for your files.

VOM:lz

Oiriginal Signed

V. O. MURRAY

�- .

l..

RELEASE FROM LIABILITY

~i t

I

FILE 1\:0......:..- - -

Each of the undersigned hereby states that he understands and realizes
that coal mines and mining i:remises are extremely dangerous; and that for and in
consideration of permission granted to him by The Union Pacific Coal Company, a

-r-

corpor~tion, to visit and inspect its coal mine, operations and premises on this

J /P"a-,H' -

d ::{L day of c i f : / 2 , . . , - 7

, 19j'::J-- and subsequent days, each of said

undersigned does hereby assume any and all risk of personal injuries and for loss
of or damage to his property, while upon said Company's premises, and while traveling to and from the same, and does hereby, for himself and his heirs, executors,
administrators and dependents, forever acquit, release and discharge said The Union
Pacific Coal Company, a corporation, and all its officers, agents, servants and
employees, from any and all liability, of whatsoever character, for any and all
personal injuries, and for loss of or damage to his property, vm.ich may be sustained by him mile upon said Company's premises, or while traveling to and from
the same, irrespective of the manner in which said injuries or damages may arise
or be caused, and whether said injuries result in death or otherwise; and each of
the undersigned covenants that neither he nor his heirs, executors, administrators,
or dependents shall ever institute any action or legal proceeding to recover damages for such injuries or death, or damages to his property.
If this release shall be executed by a female, the pronouns 11 he 11 , "him",
11

his 11 and "himself", as used herein, shall be read and construed to include their

feminine equivalent.
Dated this

---- day of _J-_µ1,._~---1,•1 - - - - - - - - ' 19 ~-7.. - •

I HAVE READ AND FULLY UNDERSTAND THE ABOVE RELEASE.

o...-e ~ a..rf!uu .
q

::;:::,=

bf~

�FRENCH COiu. INDUSTRY COJ,MISSION

Schedule of Personnel

GROUP 1 - Jo Couture, Chief of French Commission
~

.I!lli.

Jo vouture

General llanager

Erueloier
Houilleres du Bassin du Nord et du
:Pas-de-Calais, Paris, r'rance

£ . Gerenton

Head, '1'echnical

Bassin d• Auvergne

department

Ch. Grard

~eduction .E.ngr.

Pas de Calais, Lievin

J . Cha.Iilbotedon

r:liner

Bassin de Cevennes

F. 'ka.litz

Face ill.nor

Bassin do Lorraine

GROUP II - Emile 11orel - Group Leader
General ·anager

Bassin des Cev,mne~, Ales.

R. Schweitzer

Pit Engineer

Bassin do Lorraine

F. Claret

Pit Uo.nager

Pas de Calais, Billy-.Montigny

B. Bauer

Head Overman

Bassin de Lorraine

M. Depres

1'liner

Pas de Calais -

Emile .Uo1,el
.

I

Burbure

GROUP I II - R. Ringot - Group Leader
R. Ringot

Prod. Engineer ·

Pas de Calais - Lens

L. Caussade

f oreman

Bassin de la Loire

p. Delaf'orge

lli.ner

Pas de Calais, Groupe de Bethune

M. Hauer Wilhelm

f oreman

Sarre - Grossrosseln

11. J ust Rudolph

Engineer

Sarre - Landsweiller - Reden

�RELEASE FROM LIABILITY
Each of the undersigned hereby states that he understands and realizes
that coal mines and mining p:-emises are extremely dangerous; and that for and in
cons~deration of permission granted to him by The Union Pacific Coal Company, · a
corporation, to visit and insp~ct its coal mine, operations and premises on this
day of ____________, 19__, and subsequent days, each of said
undersigned does hereby assum~ any and all risk of personal injuries and for loss
of or damage to his property, while upon said Company's premises, and while traveling to and from the same, and does hereby, for himself and his heirs, executors,
administrators and dependents, forever acquit, release and .discharge said The Union
Pacific Coal Company, a corporation, and all its officers, agents, servants and
employees, from any and all liability, of whatsoever character, for any and all
personal injuries, and for loss of or damage to his property, which may be sustained by him while upon said Company's premises, or while traveling to and from
the same, irrespective of the manner in which said injuries or damages may arise
or be caused, and whether said injuries result in death or otherwise; and each of
the undersigned covenants that neither he nor his heirs, executors, administrators,
or dependents shall ever institute any action or legal proceeding to recover damages for such injuries or death, or damages to his property.
If this release shall be executed by a female, the pronouns 11 he",
11

11

him11 ,

his 11 and "himself", as used herein, shall be read and construed to include their

feminine equivalent.
Dated this

---- day of _ _ _ _ _ _ _ _ _ _ __

19

I HA.VE READ AND FULLY UNDERSTAND THE ABOVE RELEASE.

/I' t~J:: .
&amp;1-rz

0

�H. C. MC COLLUM &amp; .ASSOCIATES
MINING ENGINEERS
307 NORTH MICHIGAN AVENUE

CHICAGO I, ILLINOIS

January 8, 19.52

FINANC IAL 6-0288

,... . ,...., ..

Mr. V. O. Murray

Vice President, Operation
Union Pacific Coal Company
Rock Springs, Wyoming
Dear Hr. Murr ay:
We have your reply of January 4, 19.52, with respect to
the French mining men wh o will visit the United States,
and am very pleased to know that they will be welcome to
visit your property.
Your offer to arrange for hotel accommodations for these
men is sincerely appreciated. However, because of the
size of the group and the scop_e of their visit, all such
arr angerr~nts are being made from a central office.

A list is enclosed setting forth the names, titles and
employers of the French personnel. In addition to these
men there will be an interpreter and an American engineer
assigned to each group.
Thanking you for your co-operation, and assuring you that
you will be advised in ample time of the arrival of this
team, I am,
Yours very sincerely,

HCMcC:srl

1

�FHENCil COAL nmus1&gt; 1w CONt·'lISSI ON

Schedule of Pcrsonnol
GiiOUP I "' J. Couturc1 Chief of French Com ,,ission

J o Coutur0

!:,, o

Jerenton

Title

.t!:mployer

Ucneral ;-.Tanager

llouilleres du :...assin du Nord et du
i'ns-de- Calnis, l:'aris, Frv.nce

Hond, Technical

~-nssi n d I Auvergne

de_ar·tm0n'~

Cho Grard

Pro cl_uction Engr.

PHs dG Calais, Li 0vin

J o Cha,"Ttbotedon

Vii ncr

Bassin de C0venn0s

Face Hiner

~assin de Lorraine

OROU.P II - Emile iforel - Group Lender
Jassin des Cevenncs, Jiles.

E.nile \'forel

Cron0r·tl ~':anEJ.ger

R. Schweitzer

H t .::,n1.5 inc3r

1~

F. Clnret

Pit i-:.:inager

i'as de Calais, 1illy-·:ont:i. gny

E. l:a'.!.er

,-lead Ov0r.:. , an

dassin .e 1orrain::i

r1. Depres

~'liner

i)a s

-

GROUP III

li,

tlingot

ssin &lt;le Lorraino

de Ce.lals

- roup Leader

- urbure

- i.ens

H. Ringot

Prod. Englnoer

.Pas de Calais

Lo Caussad0

Foreman

assin de la Loire

P. Dela forge

t-''.iner

Pas de Galais, ·roup3 de Bethune

n. .Ha ' 0.r :iL1elm

Foreman

Sarre

- Grossrosseln

M. Just iludolph

Bngimer

Sarra

Landsweiller

1

- Raden

�,....

H. C. MC COLLUM &amp; ASSOCIATES
MINING ENGINEERS
307 NORTH MICHIGAN AVENUE

CHICAGO I, ILLINOIS

January 15, 1952

FINANCIAL 6-0288

Mr. Leonard Hansen
Union Pacific Coal Company
Rock Springs, Wyoming
Dear Leona.rd:
I wrote Bunny Livingston a letter asking for permission
for a French mining group to visit the Union Pacific properties. Mr. Murray answered granting this permission,
also stating that Mr. Livingston had accepted a position
in Chicago with the Truax-Traer Coal Company.
We are writing to tha White Mountain Lodge for reservations
and I assume that it will be necessary to furnish automobile
transportation for this group to and from your mines.
In acting as consultant for this group it is my j _ob to see
that the necessary reservations and transportation is arranged.
In order to save me a trip to Rock Springs, I would appreciate it if you l\Uuld contact someone who will handle this
group of men back and forth. I will call you from Salt Lake
City about February 3 and discuss this further with you.
Give my regards to Alma, Marjean and young Leonard.
Sincerely yours,

HCMcC:srl

�1626

VVAZEE

STREET

DENVEH 2, COLOHADO
T

E:LE:PHC&gt;NE:

K

E Y STONE::.

1!:X.ltCUTIVI!::. 01'",:'ICE:S

6334

HENRY W. OLIVER BUILDING

PITTSBURGH 22,PA.

January 30, 1952
AIR MAIL

Mr. V. o. Murray, Vice President of Operations
The Union Pacific Coal Company
Rock Spri ngs, Wyoming
Dear Vern:
When Squib McCollom and Ben Schull arrive with their party,
I would like for you to tell them that I have made reservations
for five t win bed rooms in the Albany Hotel in Denver for
Friday, February lsto

I talked to Ben Schull last night over the telephone when he
was in Price, Utah and he as ked me to make reservations.
Please tell himo
Also tell him I am expecting to see him and his group while
they are here, and I would be glad for him to call me.
With best regards, I am,
Yours verJ cordially,

JOY MANUFACTURING COMPANY

~
John H. Emrick
District Manager

JHE :LP

�FRENCH COAL INDUSTRY COMMISSION
Schedule of Personnel
~ROUP I - J. Couture, Chief of French Commission
Name

Title

Employer

Jo Couture

General Manager

Houilleres du Bassin du Nord et du
Pas-de-Calais, Paris, France

E.o C-erenton

Head, 'rechnical
department

Bassin d I Auvergne

Ch. Grard

Production Engr.

Pas de Calais, Lievin

Jo Chambotedon

Miner

Bassin de Cevennes

F. Skalitz

Face Miner

Bassin de Lorraine

GROUP II - Emile i\Jlorel - Group Leader
Emile Morel

General Manager

Bassin des Cevennes, Ales.

R. Schweitzer

Pit Engineer

Bassin de Lorraine

F. Claret

Pit Manager

Pas de Calais, Billy-Montigny

E. Bauer

Head Overman

Bassin de Lorraine

:M. Depres

Miner

Pas de Calais - Burbure

GROUP III - R. Ringot - Group Leader
R. Ringot

Prod. Engineer

Pas de Calais - Lens

1. Caussade

Foreman

Bassin de la Loire

p. Delaforge

Miner

Pas de Calais, Groupe de Bethune

M. Hauer Wilhelm

Foreman

Sarre - Grossrosseln

M. Just Rudolph

Engineer

Sarre - Landsweiller - Reden

�l"H.ill-lCil .COJJ.. I lWU;)'l'JtY CO:,U:WSI &lt;. !J

s ch.cdulo of Pcroonnol

-

Title

Lmployor
Houillo:rcu &lt;lu Buooin du Nord et du

:Pac-dc-Colnis~ Paris, f ranco
Hoad, 'I'cchnioul
dor;artr~ nt

fTocl.uction 1': ngi'.
r:1in0r

BWJ sw do Cevenruaa

Fa.co i1iner

Bausin de Lcrro.il'.w

:b:mil\:I Hoi•el

General •-: .:magcw

Bassin tlos CoVOlUl00 1 :ileo.

R. Schi·,oi tz.er

Pit 1:ngirwf.lr

Bassin &lt;!C LOl'l,JinO

Claret

Pit iS:.m~c,e 1·

Pas do Calais, Billy-Uon titVlY

• Bauer

Head over ;;-l:!.&lt;"'l

Bassin de Lorraine

:t}.incr

l-laa do Cnlai$

Jo Char.'lboted.on

i;•.
~

M. Deproa

-

iiurbure

CUtOUP III - F... Hingot - Group L0a.der

a. Ringot

Prod • .c.ng.ineor

L. Causeuue

Fas do Calai:3 - Lena
ilasain de la Loire

Uiner

Paa do Calais, Groupe de Bothune

r.'1 • Hu.uar tVllhel.,n

!J., Just ltU&lt;iolp.h

Sarre - Lan.dovieillcr - H.c~en

�}~i\~.;:.r Grl cr\:ti ,••. l l,JiJ~lj~;'l;\1{ C~;.:.~:l;J!1' lU!f

•~~cll.Cdul.g 01' r ci·.om:imi.J.

Hm.1.Ulorco .Ju f)~1::.d.n du noro ot. clu.
,t:Gc-dc...0olnio, Fu1•:i.s 1 1·:t(~HOU

HO{ d 0 1'&lt;.:cMical

ciopet~tr:roat

'l •

Claret

-

H. ft.ingot

P.:.-,oo. J l ~'le~l'

fas do ~l.ai:J

L. Gauoo11.do

fot·oa:an

BtlDOin do la r.oilira

p. i)oJ.~m·\;,1

!.Sit or

v~ do Cala.ia, a.1~0111-~ do .wothunc

L!o Ha.UOi" it UJlolm.

li'oremnn

!Jcirro

... Gr,o~DX'OUGW.11

u. -Ju.ca, ltuctOl;i)h

J)l1gincc:r

torN

I..:iruio·,•i~illo~

i,C/M

-

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i·&lt;1C.-&lt;1o-t;nl.(Jis, ·u:rl.v i, .f'l"'f.l.UOCJ
t;Oti~a ': ·ci'1d.O~
c:to.i;i.ul"V..'.::t.mi

•, '

,linr;o~

do a,~l.uiu

-

··i:."~. ;:Jl.1-.1,iaem;..

}}11$

~"ox·ci:~i

Baooif1 dF.J lu L(:)i.t'lJ.

.:i:lUOl'

.l'&gt;{.~

.CJo muoz- ;~;Uhcl.c.:

FON~ ll:~

;;}Ql'l"O ... Gross2...~00cll:&amp;

ef Ju~t b.t:.dulph

f,neirn., 1•

J..,nrJ."V

.i.~ •

!,; ...;uUOt),ti-iG
,,,

,t· c,

.;,1 0

jj'~J,~~'fJ,l

i ,t::110

do CD.l'11G1 t:tJ. 0U~-O a~ t cthur..o
1

t ~uuil!i\,ti!illo~

-

Uccton

�r,

-f

_,.. ,1uu-,_.,._..,~l ..._~
r-: ,

1/

flU:. NO··-•-'-- . --._.......
•

Vice President.,
:lli.XXXXXXXXXX Operation

January 4, 1952

Mr. H. C. McCollwn
H. C. 1~cCollum &amp; Associat,es
Mining Engineers
307 North tiichiean Avenue
Chico.go 1, Illinois
Dear Mr. Mccollum:
Yours of January 2nd advising trot
a group of French mining men would visit
Union Pacific mines on the 5th and 7th of
February.
As you no doubt have learned by
this time, lir. Livingston has accepted a
position \'Jith 'l'ruo.x-Traer Coal Company, Chica go,
as Vice Pr esident, Opsrations, effective
January 1st. t!owever, we \'1ill be glad to assist
in sho1·, ing these paople our properties.
;)Ugiscst that you ";'l ire me train
arrival, and 11e v.ill be f31nd to raako hotel
reservations if you pref er and ,·J ill advise.

Very truly yours,
Original Signed:

V. O. MURRAY
Vice President, Operation

V011:KB

�Jnnuary 4, 1952

l.fa"., H. C.. L1cGollu-;i
H. c. t::cColl'ilfil &amp; t.ssocin.tes

Vining J:nzineers

307 North Uichis~m ,1\vcnu0

ChicnGo 1, Illinois

x om•s of JnnU-:U"'Y 2nd o.av101n:; th:i.t

n 6.rou.:J of French cinin;; men r;ould visit
Union ;"Jacific mines on the 5th nnd 7th of
February ..
;,s ,you no doubt h~vo l earned by
this time, Ur. Livingston hr,s a.cc cptcd a
position 1•iith 'l'runx-Traer ~nl Co,Tif&gt;.J?"~f, Chica go,
as Vice t'r Gsidcnt, &lt;Jpor~tion.s, t::ffective
Janll':'.ry 1st.. Lo,7ev0r, ne riill bo ~bd to nssh.lt
in nho·, ,ing thcso people our propm•tfos ..
3u3..::;cot th.3.t you ,·i ir0 me train

arrival, and n 0 v,ill be ~ln.d to raakc hotel
reservations ii' you prefer and riill advise.

Very trul,;r yours,
Origin:i,l Signed;

\J, 0, MURRAY
Vice President, Operution

�H . C. MC COLLUM &amp; ASSOCIATES
MINING ENGINEERS
307 NORTH MICHIGAN AVENUE

CHICAGO I, ILLINOIS

January 2, 1952

FINANCIAL 6-0288

Mro H. C. Livingston

Union Pacific Coal Company
Rock Springs, Wyoming
Dear Bwmy:

I have agreed to act as consultant for a group of French
mining men wh:&gt; will be visiting the United States under the
Technical Assistance Program of the ECA.
There will be 15 Frenchmen plus 3 interpreters plus 3 American
Engineers, or a total of 21 people. They will be divided into
three groups of seven each, consisting of Management, Technicians, Labor Representatives, an interpreter and an American
Engineer for each group. The reason for sub-dividing was so
that not more thm seven visitors would be Ul'Xlerground at any
one mine in any one day.
The personnel involved in this group is selected and cleared
by the French Govern~~nt and receives the usual State Department
security clearance for foreign visitors to the United States
whose presence in the United States is not inimical to the
interests of this Government.
The French have read various articles on your property and have
requested tlat they be permitted to visit your mines. Our proposed itinerary brings us into your area as follows:
D. O. CLARK MINE
RELIANCE MINE
Group l - February 5, 1952
Group 1 - February 7, 1952
Group 2 - February 7, 1952
Group 2 - February 5, 1952
We would be very grateful if you will grant us permission to
visit your properties on or near the dates outlined above.
Thanking you in advance for any favors, I am,

HCMcC:srl

�NO.

12

�September 8, 1952

Mr. Henry L. Duchateau
Eagle Mountain Mine
Desert Center, California
Dear Hr. Ducha teau:
Your letter of September 4th addressed to
tlr. Livingston was received this morning. For your
information, Mr. Livingston is no lon5er with The
Union Pacific Coal Company. He is now associated
v1ith Truax-Traer Coal Company, Chicaeo, since the
beginning of the year.
You have requested official statements from
operators of coal mines where you visited, and I am
attachin~ here~1it h a statement regarding your visit
to Ti1e Union Pacific Coal Company's Reliance and
Stansbury mines.
\'lith kindest regards and best ,,ishes.
Ver., truly yours,
Original SJ.gned :

.V, O, MURRAY

VOM:KB

�September 8, 1952

To· '.\/Hat~ IT HAY CONCE~rn:

This is to certify that Henry L. Duchateau
visited the following properties of The Urdon Pacific
Coal Company in the vicinity of Rock Springs, •·,yomine,
on ,Tune 2 to June 7, 1952:

Durin~ thi$ period of time, l/l r. Duchateau
visited the Stansbury Mine seeing shaking conveyor

ope.r·ations in No. 3 and No. 7h Seams ; also Joy loader
work in No. 1 Seam, Stansbury, v1here Joy shuttle oars,
Joy lo::i.ders, and 70 U·{C Jeffrey top cutters \~ere in
operation, and the shuttle cars loading onto belt
conveyor nhere oars v;ere loaded at the entry and transported from the loadine point by motor to slope haulage
and from there by rope hoist to the surface by ~·Jay of

electric locomotive.
Mr. Duchateau also visited operations at
Reliance No. 7 t~ine vihere he observed shaking conveyor
nork, and at Reliance No. 1 Mine, No. 11 Seam, where
he saw the Joy continuous miner in operation.
Very truly yours,
Original Signed:

V, O, MURRAY

VO:;h KB

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�(I
May 19., 1952

Mr. Henry Duchateau
124 Carson Avenue
Dragerton, Utah
Dear Mr. Duchateau:
Your letter of May 13th at hand. I note that
you will advise us the date of your ar rival at Rock
Springs which will be around June 2nd or 3rd.
At the present time the mines are working four
days each week usually Honday, Tuesday, Thursday, and
Friday. I s ee no objection to your going into the mine
on idle days preferably with the mine foreman or some
of his assistants. Hov,ever, this can be worked out with
us v1hen you arrive at Rock Springs.
Very truly yours,
Original Sig ned ;

'\J, 0, MURBAV

VOli:KB

�Dragerton Mayl3

195 2 .

Mr .V. 0 • MURR! Y
Vice Presi dent Opera tion
Union Pacific Coa l Co
Rock-3prings.

Dea r Sir~
I have r e ceived your letter some da ys a go, and I
a ppreciate ve r y much the kindne s s of your a greement.
I see in your answer tha t your mines work only about
.- three days a weelc; do you~- think it is possible to visit during
t he other da ys?
In spite of the f a ct it is not po -_sible for me to
come before the end of this month, I will tell you , as soon as
I will know it, the exa ct da te of my a r r ival at Rock-3prings.
Very truly yours,

Henry Duchateau
124 Carson Avenue
Dragerton Utah.

�April 25, 1952

Mr. Henry 1. Duchateau

124 Carson Avenue
Dragerton, Utah

(CC - Mr. J.B. Hughos
Mr. Chns. Grosso
M~. F. J. Peternell)
Dear l'.ir. Duchateau:
In reply to your letter of April 23rd, I
wish to info1-m you that you may visit The Union Pacific
Conl Company's mines during the month of l1ey.
For your information, the mines are only workin.::; about threo days a week at the present time, and I
v;ish you \,ould udviso us a f e i:1 days prior t.o your arrival
nt Rock Spri~s so that proper arrangements can be made
for you to go out to the different mining districts that
are situated frora five to 30 miles from the General

Office at ·Rock Springs.
Very truly yours,
Origina l Signed ;

l/, O, MURRAY

VOM:KB

�Drage~ton, April 23 1952.

Mr. H.C.Livings ton
Vice P resident in Ch~r g e of Operat ions
Union Pa cific Coa l Compa ny
itock 3prings - ·.ryoming o
Dea r Mr. Living ston:
After the lette r· Mro Keen_.:1.n sent you Dec ol9 from the
Colorado 3 chool of Mines , l pla nned to visit vri th ycbu at Rocle
Springs at Christma s then in F ebruary, but e a ch time s snov,rstorms
cancelled tha t trip.
Now, 1 am a t Drag erton (Utah) and 1 am finishing my stay
at the mine of Horse Canyono.Ster some days of mere visit, 1 wa s
working in different places in the mine v,rhere 1 can have a first
view of the e q_uipment and a n e xa ct idea of the troubles encountered.
I ·would to lcnow if a similar program is possible during
the month of Ma yo
You ha ve pe rhaps,s ome sugges tions about that plan of visiting your mines,I hope,however,that your answer vdll help me to
fulfill my prog ram of studies dur ing this year in the United
St a tes.
Sincerely yours,

!~a::~e:
124 Carson ~venue
( UT.ill )

DR.l G.:!,RTON.

�December 21, 1951

Mr. Albert M. Keenan
Associate Professor of Mining
Colorado School of Hines
Golden, Colorado
Dear Mr. Keenan:
Your letter of date December 19, 1951, addressed
to Mr. Livingston, with reference to Ur. Henri Duchateau,
French student i'Jho is desirous of visiting our properties,
has been passed to me for handling.

•:,·e wish to advise tha. t we shall be happy to have
llr. Duchateau visit our properties commencing shortly after
the first of the year and request that you have Mr. Duchateau
advise us, prior to his arrival, the date he \'1 111 arrive at
Rock Springs.
Sincerely yours,
Or iginal Signed:

V, O. MURRAY

VOM:KB

�COLORADO

SCHOOL

OF

MINES

A SCHOOL OF MINERAL ENGINEERING

GOLDEN' COLORADO

December 19, 1951

DEPARTMENT OF MINING EN GINEERING

Mr. H. C. Livingston
Vice President in Charge of Operations
Union Pacific Coal Company
Rock Springs, Wyoming
Dear Mr. Livingston:
We have a French student, namely Henri Duchateau, who is being
sponsored jointly by the French Coal Board, the Eimco Machinery
Corporation and a Fulbright grant for one year for attendance at
the Colorado School of Mines and association with the coal mining
industry in general. Mr. Duchateau is completing the first semester
here at the Colorado School of Mines and has been engaged in a
study of coal mining engineering. Insofar as his study in the u. S.
is restricted to one year, he has expressed a desire to contact certain
coal mining corporations in the West to determine the possibility
of spending from two to three weeks at their properties for the
purpose of getting a first-hand view of American coal mining methods.
Insofar as the French coal mines are for the most part composed
of pitching seams he has expressed a desire to see those types of
operations.
Accordingly, Mr. Livingston, I wish to take t his opportunity to
determine whether or not it will be possible for ~lr. Duchateau to visit
Rock Springs, Wyoming, for the purpose of looking over your operations.
I realize there are many ramifications to such a proposal but would
appreciate having you interview Mr. Duchateau during the last week in
December or shortly after the first of the year as he will be making
a trip to Rock Springs, Wyoming.
Mr. Duchateau speaks English rather
well and I am sure there would be no language barrier to add to the
ramifications.
Sincerely yours,

~ ~~'?-1/f?e~~ ~ ~~

,

Associate Professor of Mining
Chief of Coal Mining DiVision
AMK:j

cc Mr. Henri Duchateau

�NO.

11

�CAREL ROBINSON

Tl!:Ll!:PHONI!:

NEIL ROBINSON

37·583

ROBINSON AND

ROBINSON

MINING ENGINEERS

NOV 1 5195G

UNION BUILDING

VICE•PffESIDENt

CHARLESTON, WEST VIRGINIA

_OPE~TIONS

November 13, 1950

Mr. H. C. Livingston, Vice President
Union Pacific Coal Company
Rock Spring s, Wyoming
Dear Mr . Livingston:
On behalf of t he Belgian m1mng team, ECA and our
firm I should like to thank you and assure you of our appreciation
for taking the time and trouble to let them inspect your Stansbury
mine.
I think the Bel gians gained much information which will
prove of valuable assistance to them on their return home . They
were all quite naturally tremendously impressed with your splendid
safety record .
Will you please thank Mr. Grosso for his many courtesies
and for the valuable information which he furnished?

Neil Robinson
cc : Mr. C. E. McWhorter, District Manager
Goodman Manufacturing Company
Denver, Colorado
nr/dck

�ELECTRIC MINING MACHINERY
MAIN OFFICE ANO PLANT
HALSTED STREET

704 DENVER NATIONAL BUILDING

ANO 48TH PLACE

CHICAGO 9, ILLINOIS

DENVER 2, COLO.

1/
October 9, 1950

FtLE:: HO ,,,., • ·1

w~. H. C. Livingston, Vice President
Union Pacific Coal Company
Rock Spring s, Wyoming
Dear Harry:
A group of coal mining engine ers from Belgium,
accompanied by Mr. William S. Gentry of the
Economic Cooperation Adminis t ration, Washing ton; , D. C., will arrive at Roc k Spring s at 9:06
A. M.~ October 11. They have gotten in touch
with me and want to see some of the steeper pitch
wor k in fairl y thin coal. I think the thinner
seam at Stansbury mine would be about what they
are look ing f or.
I am planning on having J,ir. Littrell meet them
and they will get in touch with y ou upon their
arrival.

I would appreciate it very much if y ou could
give them enough time for a short talk in your
office and make arrangements so they can go into
Stansbury the afternoon oft he 11th. If more
convenient, they could go in the mine on the
12th at the start of the morning shift. They
have to leave Rock Springs by plane at 5:30 the
12th.
Kindest personal regards.
Yours very sincerely

~ 9&amp;_~
c. E. McWhorter
District Manager

CEr./i :mo

···----~

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                <text>Mine Visits, France, Belgium, 1950, 1951, 1952, 1953</text>
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                <text>J.H. East Jr. V.O. Murray, Robert F. Schults, I.N. Bayless, Maurice Car, J. Couture, B.H Schull, John H. Emric, Henry Duchateau, Neil Robinson, C.E. McWhorter</text>
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                <text>The Union Pacific Coal Co.</text>
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                    <text>284

FILE NO.

Visitors

-

F

1- FUSSEL, Walter

(•Request for Authority to make trip through USA)'

APR/47

2- FUIFCRDj, J. H.

(The Jeffrey Manufacturing Company)

DEC/1949

�2

�\
The Jeffrey Manufactuklxg Co.
COLUMBUS 16, OHIO

OFFICE OF
VICE PRESIDENT

December 13, 1949

Mr. V. 0. Murray, General Manager
The Union Pacific Coal Company
Rock Springs, Wyoming
Dear Verne:
I want to write and express to you my appreciation
for your many kindnesses to Eddie Horne, Andy Anderson, and
myself when we were with you and assure you that our visit
there was made most pleasant by the opportunity which we had
to get around the properties and visit with you.
I would have written you earlier but upon my
return I had to go East and have just returned to my office.
I have today written to Mr. Livingston thanking
him also and I hope that on my next visit I can take advantage
of the offer for a horseback ride, assuming of course that you
have a nice quiet animal staked out that I can use.

Let me take this opportunity to wish you and your
family a very happy Holiday Season.

My kindest personal regards,

�NO.

1

�Rock Springs - April 7} 1947
Mr. Io N. Bayless?

V/e transmit herewith letter and envelope enclosure from one
Walter Fussel,, requesting authority to make a trip through the U. So A»

for purpose of studying mechanical loading equipment.
&gt;7e presume that this should be forwarded to the immigration

authorities and will appreciate your further handlingo

HCL/rt

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                <text>J.H. Fulford, H.C. Livingston</text>
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                    <text>r
,
I

s ................log "'c I F aeRors
""""'~""I·

g

ec a ize
fic·e cy

A paper read before the annual meeting of the American Institute of Mining and Metallurgical Engineers at
Chicago, Ill., February 20, 1q46

~y 1ames GJeyslop
Vice Pres. in Charge of Operations

Hanna Coal Company

�M ECHAN IZATIO N of A merican coal mining has made, and is still making, rapid pro,
gress. No one needs to waste time stating its mer,
its. Economic pressure will compel the abandon,
ment of manual methods in coal production wher,
ever mechanization is physically possible. . Econo,
mic pressure will also provide the incentive needed
to insure progress in the improvement of machines
and mining sy tems. I submit, however, that it is
entirely possible to make very rapid progress along
strictly technological lines and at the same time to
make much slower progress in approaching maxi,
mum productivity and efficiency. As a background
for what I have to say, I wish to raise the question
- how efficient are our mechanized mines, and to
what extent is productivity affected by the mental
attitude of management and workers?
T he output of any piece of mining equipment is
controlled by psychological factors. The work at,
titude of the machine operator and the other work,
men; the state of mind of the foreman and the in,
telligence and disposition of top management all af,
feet production. The question is - how much?
Each instance, of course, requires its own answer.
In every case, however, the answer is obtainable.
If the answers are not obtained and if the psycho,
logical problem is ignored, it is very likely that
technical studies and mechanical alterations will
fail to produce results. The machinery salesman
may suggest that by discarding your present equip,
ment and installing his machine, you can solve your
production worries. Sometimes his solution works
-often it doesn't. In the successful instances not
infrequently the improvement is the result of an
accidental correction of some psychological factor
1

�E'.

simultaneously with the change in eq ui pment. I am
all for more and better machinery, bu t I have been
disappointed often enouah to make me careful to
avoid over-simplification of my problems by attempting to reduce them all to mechanical terms.

port of this statement, the following examples are
cited :

In the manufacturing indu tries the effect of work
attitude on production is widely recocrnized. Some
manufacturers have made outstanding progress a
a result of giving very special attention to psychological factors in production. T hese factor have a
more marked effect on the productivity of a mechanized coal mine than they do in mo t manufacturing industries. This is largely the re ult of the fact
that mechanized mining does not consist of a mere
routine of pushing buttons and pulling levers. A
printing press or an automatic crew machine practically does its own thinking. V ery few mining
machines have this capacity built into them. Constant alertness and initiative on the part of the operator are required at all times. H e must be able and
willing to adapt himself to a •et of un predictable
conditions. His productivity depend , fo r the most
part, upon his skill and work attitude. I f he feels
that he is producing too much coal, and that he is,
therefore, working himself out of a job; if he thinks
the Company is making too much money; if he dislikes his foreman ; if his wife happened to spend
three days' wages for a new hat the day befor~he may have a "what's the use" attitude, resultmg
in a voluntary or involuntary slow-down. On some
jobs, such as loading machine operator, the attitude
of the workman influences not only his output, but
also has a substantial effect on the men in various
other related jobs. This situation is what makes it
so easy for the slow-down to become chronic. On
many jobs in the mine the worker's thinking may
influence his prnductivity 50% or more. In sup-

Time studies prove that the modern mounted
coal cutter has more than twice the cutting capacity
of the conventional shortwall machine. It is quite
common to find, when shortwalls are discarded in
favor of mounted machines, that two men, with a
fan cy cutter costing three times as much as their
old shortwall actually cut Jess coal- why?-usua.lly
because at th time the change in equipment was
made the two machine men changed from piece
work to hourly rates. On the other hand I have
experienced instances where two men, with an old
time shortwaJI consistently got the maximum output
from the machine whi le working under hourly
rates. In this case they produced effici ently simply
because someone was smart enough to make them
want to do so. In many mines one of the produc,
tion bottlenecks is drilling. I have seen one man,
with a post-mount d electric drill , consistently aver,
age seventy-five holes per shift without over-exerting himself. I have een mines in similar conditions,
with two men operating the same type of machine,
average less than sixty holes per shift-why didn't
they drill more?-they didn't want to. I have seen
a mine where the section tracklayers averaged lay,
ing three 40-16. switches each, per seven-hour day,
again without any undue exertion. I have seen
other instances where it was very difficult to get a
tracklayer, under similar conditions, to lay one 4016. switch in one eight-hour shift; as 'a matter of
fact, it has been demonstrated that a good track,
layer, by exertina himself, can lay such a switch in
one hour. . Similar instances could be multiplied
but these w ill serve to illustrate the point. It might
be suggested that such differences in worker effi,
ciency resulted from the varying amounts of pres-

2

3

�sure applied by management to force the workmen
to speed u p. In none of the instances cited were
the results obtained by slave-driving methods. Every,
one responsible for mine outp ut today knows that
the hard taskmaster method does not produce re,
suits. T oday high worker efficiency is accompanied
by a cheerful friendly attitude on the part of both
the worker and management ; whereas low efficiency
is usually accompanied by poor morale and bitter
quarrelsome relations all around.
It is evident that responsibility and ini tiative in
the field of worker efficiency must lie with mine
management. Only by recognition of this fact and
by careful factual analysis in each individual case
can success be achieved. I wi ll attempt here to
outline some of the general problems that must be
faced in any attempt to improve the ability of a
management organization to influence the work at,
titude of the mine worker :
First, it is necessary fo r mana0 ement to know
accurately the maximum potentialities of men and
machines. This information is not always easy to
obtain. I am not a golfer, but I presume that one
of the first things I would want to know 1': ap,
proaching a strange course wou\d be the established
par score. Likewise, the estabhshme~t of_ par production performance in mine operation IS _ a goo?
way to approach the problem o_f product10n eff1,
ciency. If conceptions about this par fi~e ?ave
been allowed to develop accidentally there 1s likely
to be a very great error in the accepted .figure-fa~
example :- At one particular property 1~ was gen
erally believed that 400 tons in one shift from a
loading machine represented peak performance
subsequently pr_o duction of over 11~0 _t~ns was ~n:
tained on a senes of test runs. This 1s not an

6

4

usually great error in popular conceptions about
mine perfo rmance. The proper initial approach to
the establishment of par performance for most operations is the intelligent application of careful time
studies. A ccurate time studies are not easy to get,
nor is it easy to accurately interpret them, but both
of these things must be done as a preliminary step
to the achievement of efficient production. The
principal value of such information, once obtained,
is p ychological. Mine management has no hope of
success until it knows of what success consists. If
people believe implicitly that they can do something
- they usually can. Once top management becomes
aware of the potentialities of the job, the next step
is to effe tively and convincingly establish this in,
fo rmation in the minds of the supervisory personnel.
Here agai n, this is usually no easy or simple task,
but it can be done in every case and it must be
done before results can come. As soon as possible,
and by whatever means necessary, the accuracy of
the theory being developed should be demonstrated.
If time studies show that a machine can produce
150 tons per hour, the machine should be made to
produce this amount at whatever cost and by what,
ever means.
Second, the will to produce ~ust ~e develoJ.?ed
within management personnel. This attitude of mmd
should be a permeating enthusiasm throughou~ th_e .
whole management organization. I am afraid 1t
can never be produced by suspending a threat over
each supervisor that he will lose his i?b, or be other,
wise penalized, in the event he fails to produce.
This is a weapon, which may, of course, be used
on proper occasion, but if it is relied upon as ~he
primary incentive, it becomes a boomerang tendmg
to Jestroy sound relationships throughout an org3:n,
ization. The foreman should be made to realize

�7

th at he is the guardian of productivity and shou ld
be taught _to regard this responsibility as a sacred
tru:;t. This calls for some study of sound economic
principles and the discussion _of such princip les
sho uld have a place 111 the bus111ess of every mine
management organization. S_u rprisincrly few people
have ever taken time to tlunk about such thi ncrs
much_ less to study them c_a~efully. _ The averag~
Amencan foreman 1s suff1c1ently mtelligent and
honest to appreciate these ideas and to absorb them
if they are properly pre ented . It seems to me that
the whole problem of industrial p ychology must
rest upon a foundation of the u nder tandincr0 of a
few basic economic facts. T here is now, in all
quarters, a greater awareness of the importance of
productivity in modern life than ever before. The
part American production played in the war has
awakened the entire world to the outstanding
achievements made by American industry. It has
also awakened our own public to some realization
of the fact that the fo undation of what we call
"prosperity" is industrial productivity. We are all
excited by the economic confusion over wages, profits and social systems, but underneath all this we
possess a fund amental realization of the unrivaled
importance of productive efficiency. The American
economic and industrial system has provided the
incentive and the means for making the most of the
expenditure of human energy app,lied to industrial
production. Immigrant workers from any other
land multiply their productivity and lessen the physical exertion they are accustomed to when they
take a job in the United States. A Welsh or Sc?tch
coal miner increases his usefulness about five trrnes
when he accepts a job in one of our coal mines. We
are justly proud of these achievements, we ~re
aware as never before, of their importance. If m6

dustria l management fails to capitalize on th.is fav,
arable trend in public thinking, it will be guilty of.
a serious breach of duty-it will have failed to util,
ize a tool which might have been used to great advantage in the carrying out of its responsibilities.
Every member of a management organization should
be characterized by a phi losophy based upon an
awareness of tl1ese simple economic facts.
T hird, every member of management should be
made to realize his obligation to ownership. He
should understand that ownership has entrusted to
him the operation of its busi ness and its hope for
profits; furthermore, th at his own personal prosper,
ity depends upon the success of the business. These
tlungs seem so si mple as to hardly require stating
in a discussion of tlus kind . I am convinced, how,
ever, that we take entirely too much for granted
about the th.in king of the average foreman. It is
unlikely that he will get these ideas straight in lus
mind and adopt the proper mental attitude unless
somebody takes time to present them to him in a ~
convincing and acceptable way.
l
__

1

l

Fourth, we Americans believe in the profit motive
-we know it to be an effective means of establish,
ing the will to produce. Every member of manage,
ment has a right to expect that acluevement on his
part will be rewarded by an increase in his compensation. It is my belief that a Company policy, assuring him that such recognition of his achievements
will be forthcoming, should be stated emphatically
to him and should, of course, be carried out promptly when results have been achieved. In connection
with this point, it is highly desirable that the fore,
man should have a clear understanding of the Com,
pany's financial position. He should be informed
regarding costs, profits, competition, and general
business prospects. An understanding of these
7

�things will teach him how vital he is to the successful operation of the business. It will help to keep
his thinking straight.
Fifth, work attitude within a management organization requires more than the understanding of certain theories and principles. The delicate balance
of human relationships does not maintain its equilib,
rium without special effort on the part of someone,
and general cooperation by everyone. N o manage,
ment is on safe ground unless the superior officials
have the respect and liking of their subordinates
and unless the subordinates have the trust and confidence and moral support of their superiors. This
is too large a field to attempt to discuss in detail
here. All sorts of excellent printed in fo rmation on
the subject are available. Any management organi,
zation that fails to make use of this info rmation will
fall short of' its true possibilities.
Sixth, the eye must be kept on the ball. It is
very easy to permit the diversion of attention from
productivity to other problems. Good housekeeping
is extremely important, but it is possible to make a
fetish of it and to have everything in order to a
nicety and at the same time experience low production performance. On the other hand, in almost
every case high productivity is accompanied by
good housekeeping. Safety is of extreme import,
ance. It is possible, however, to allow safety programs, incentives, and awards to be over-emphasized
and thereby divert attention from production. Here
again good production performance is almost invar,
iably accompanied by an excellent safety record.
One of the tricks of those who oppose high produc,
tion is to suggest that it is obtained by a speed-up
system that maims and kills men. Bad management
will produce accidents in any case. It takes good
management to get production and a management
8

rganization capabl e of making a mine produce is
~!ways capable of making it safe and as suggested
above in most instances the measures taken t? produce efficiency will si multaneously reduce acodents.
When management has produced within it~elf
the proper concepts and attitude, . the psycholog1cal
problem is only half solved. It _1s the at titude of
the workman that finall y deternunes the degree_ of
success to be achieved. The second half of the Job,
however is usually much easier to accomplish . Noth,
incr is m~re infectious than enthusiastic sincerity. If
th; rnanacrement organization has indeed become
enthusiasti°c abo ut its job, this spirit will be caught
by the workmen. This does not mean . th~t ~i~h
productivity will not be opposed by certau~ md1v1d,
uals, but if management makes a determined and
intelligent effort, the influence of the opposition can
be effectively neutralized. The ideas behind the
attitude of managem ent are so fundamentally sound
and so understandable that it is possible to transmit
them to the workmen.
If the thinking of the workmen is to be favor,
ably influenced this must be done by the workmen's
immediate superior. The section foreman and other
final representatives of management must perform
the task of morale building amongst the men. If
these foremen are incapable of doing this, they are
incompetent for their jobs. Here the leadership
ability of the foreman is of primary importance. If
he is truly a leader, his influence will guide the
thinking of his men as well as their physical activi,
ties.
The foreman must sell himself, and his Company,
to his men; he must win their loyalty; he must know
how to obtain their active cooperation, at the same
time maintaining their respect.
9

�The coal miner is characteri zed by a very strong
sense of pride in his work. This trait should be
encouraged as it will prove a powerful influence
toward increasing productivity. Friendly production rivalry among workmen can also be used to
great advantage.
I am not going to make any effort here to cover
fully the relations between the supervisor and the
workman. Much has been written on the subject,
abundant printed help is available. My primary
purpose is to emphasize the relation of the mental
attitude of management to the psychology of the
worker. The miner is highly susceptible to the influence of the foreman, he is going to be iniluenced
one way or the other. If the thinking of management is straight, if its convictions are clear and
strong, a response will manife t itself among the
workmen. The character of this response will be
much more desirable than anyth.i11g that can be pro,
duced by paternalistic social bettennent schemes, or
attempts to play '\vet nurse" to the miner by interferincr in his personal and fami ly affai rs. T he worker re;ents this type of approach as he does not fail
to sense that it has a detrimental effect on his self
respect.
In the coal industry, p1;or to the advent of mech,
anization, we relied upon piece-work rates to provide the incentive for a large part of the production
personnel. That this incentive 9idn't work very
well is evinced by the fact that worker productivity
reached a static level, or tended to decline. Wage
incentive rates always have a tendency to associate
themselves with low production rather than high
production. This is particularly true in the mining
industry due to the nature of the work which is
characterized by factors affecting production that
10

are altogether beyond the control of either manage,
ment or labor. In hand mining, tonnage rates were
elevated to protect the income of the miner work,
incr under handicap of adverse natural conditions.
In° this way the whole hand loading industry has
become penalized by excessive tonnage rates. I am
opposed to piece work or worker bonus incentives
of any kind in mechanized mining because I am
sure that it would have t he same effect there. Unquestionably piece work rates are a powerful incen,
tive, and in some industries where they can be ef,
fectivcl y designed and controlled, they greatly sim,
plify the production problem. It is regrettable that
they cannot be used more effectively in our indus,
try. I am convinced that the only guarantee of
worker efficiency and consistent progress in pro,
ductivity in mechanized mining lies in the ability of
the supervisor to develop work enthusiasm among
his men.
Another pitfall on the road to efficiency lies in
the temptation to permit machines to be operated
far below their potential capacity. It is sometimes
argued that it is more economical to operate mach,
ines at low capacities in order to integrate their per,
formance with other operations in the production
cycle. The economies imagined are usually ficti,
tious, but even if they were real, the demoralizing
effect of permitting low productivity from any unit
usually offsets any other advantages.
If worker psychology has such a marked effect
on productivity, it follows that progress in mechanization will be greatly retarded by any failure to
recognize this factor. The merits of any piece of
machinery, any method of procedure, or any system
of operation cannot be measured unless real effi.,
ciency is first established. It follows, therefore,
11

�►-

that selection of equipment and methods will be on
a haphazard basis where proper standards of productivity have not been developed.
In conclusion, let me attempt to brief the answer
to the question I r;,ised at the beginning, by saying
that our mechanized mines are not as effi cient as
they would be if we could gain the whole-hearted
cooperation of the workmen and such cooperation
can be obtained when management produces within
itself the proper mental approach to its job. High
productivity has its origin in ideas- it must begi n
in the imagination of alert minds.

12

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                    <text>COlZPEHSATI ON CLAI M

WASIL LEVKULICH E1.J:&gt;LOYE OF LI ON COAL CORP ORATION

Tra n s.crip t .of Tes t imony by
Jay Go Wanner, MoDo

A.

,

�October 24 1 1935

Mr. T. S.Taliaferro, Jrop
Attorney
Rock Springs , V/y oming
. Dear hlr. Taliaferr o:
I am returning herewith transcri p t of
evidence given by Dro Wanne r in t h e case of Wasil
-~

, _ . . ~......... =-~ -

~~v_!{ulich, an employe of the _Lion _9 oa:J,. .Com1J:anyo
I found this . testimony very interesting
and have had a copy made• for our files.
very mu.ch for passing it to me.

Thank you

This shovv-s the

tredn of what s.ome people are trying- to do and 1;vhich
will probably get worse before getting bettero
Yours truly,
. .:. !_._. j i.....f.:..;r ·~J V' ;

" ,.,, b 1/t£t:;3;

�J.

CO ... LT. I. ll. Daylooo
.
~~lieing :.'.r .- Taliui' ~-1·0' r; lct-uo:.i;ocethor uitb. •&lt;iho tootimoLY

retorrocl to1

�C OP Y
THE UNION PAOIFIC COAL COMPANY
Rock Springs, Wyoming
October 10, 1935

Office of
Attorney
hlro George Bo P r yde,
Vice President and General Manag er,
The Union Pacific Coal Company,
Rock Springs, Wyomingo
Dear Sir:

I hand you herewith the testimony of t wo of our local
Doctors taken in a case at Green Ri ver on the 2nd day of October,
1935, wherein Pal y, the County Attorney and others claimed
an employee of t h e Lion C·:)al Company was permane n tly 51 totally
disabled fro m insanityo
This case involved someth ing around, I think, $ 8,000oOO.
This case ,llill be of interest to you, because I think The Union
Pacific Coal Company has one or t wo similar caseso
I ·want you t .o read the testimony given by Dra ,'ianner,
which illustrates the jeopardy vre are in at all timeso

I find out that I make a mista ke in a former case, which
mistake I avoided in this case, and I also avoided it in the Union
Pacific case of Eugene Griglione. I 'think I told you the many
letters and messages that I sent to General Attorney Loomis.
I had this transcription made especially for the benefit
of 1~r. Be.yless, and I ask you to turn it over to him when you have
read Dr. 'Jlanner' s testimony. On second thought, I think it would
be well for you also to get a good picture of how easy it is to get
one Doctor in ten or fifteen togive testimony, which will support
almost any outrageous claim. If Dr. ·:!anner ha d examined this
vrnrlciilan constantly from the time that he went to the Denver
specialists, the Lion Coal Company would have lost the case. It
may be expensive, and this case was ex9 ensive for the Lion Coal
Com·Jany, but we must send our patients to the specialists near the
ti~-e of trial and after local Doctors have committed themselves.
This case was expensive for me, the time that I put in on the case
being worth a good deal more than the Lion Coal Company ;.- .•ill pay
: ! e f or
two :1ears.
1

Kindly treat this letter e,s confidential between you and
Ifr. Bayless.
Yours truly,
(SGD) T.
TST:kb

s. TALIAFERRO, JR.

�The State of Wyomin g
ss.

I N THE DI STRICT COURT

County of Sweetwater )

In t h e l.fa t ter of t h e Cl aim
-o f'.7AoIL L EVKULI CH ,
emp l oyee
of t h e Lion Co al Co ml-'any ,
1:1a d e under th e \'lo rkmen' s
Compensation Lav, .

Ho. 8215.

Ex cerpts

Tr w1script of ~roceedings

-o-

Green River, Wyoming,
October 2nd, 1935.

�;r. G. WAfTI\fER
.
a witness called herein on behalf of the claimant, being
first duly s worn according to law, on his oath testified
as fallows:
Direct-examination by Ur. Ga licich:
State your name, p le ase .
;r. G. Wanner.

Q,.

A.

Where do you resi d e?
Ro.ck Sp ri ng s, Wyomi n g .

Q•
A.
A.

~-

What is your busine ss or prof ession?
Physician a nd su rg eon.

Q,.
A.

Ho w lon g hav e you b een a physi cian and s urg eo n?
About sevente en ye ar s.

Q,.
A.

How long i n 1I!yomi ng?
Fifteen years.

~A.

You are of the re gul a r s chool o f med icine?
Yes, sir .

Q, ,
A.

Do you kno v1 the injur ed wo:rkmo.n , Wa sil ·Levkulich?
Yes, si r .

Q.

Have you ever at tended or excilllined the man in your profess ional c a_p aci ty?
Ye s , I ha ve examined hi m several times.

A.
Q. •
A.

When d i d you fi1~st ex ami ne him?
I examine d hi m first -- I co uldn't te.11 you the exact date,
but it ,w.s in the hospital shortly after his injury.

Q. •

Do you know where he was injured?
Do you mean the place?

A.
Q, .
A.

Yes.
I understood he was injured in one of the mines in which he
was employed, while at his duties.

Q, .

Could you tell us the month and the year of that first examination?
I . don't believe I coul&lt;i wi tri0ut referring to my office records.

A.
Q•

A.

Do you have them with you?
don't have the records of the f'ir·st examination, but I
have some records of the reports mttde since tba t time.

I

THE COURT: He was injur ed, Doc t or, according to the
report of the employee, on the 16th of October, 1931.

�2
A.

Contin uing)
I s aw him a:ppr ox i ma t ely pos s ibly on t h e 18th
or liJth of tha t same mon t}). .

r.

Yo u ma oe en exami na ti o n o f h i m a t that ti me?
Yes , I examined him. I e xamined one o f h is ears, on the injured side , be c aus e he h ad been ha vi ng some bl e edin g , and
Doctor San aer s c a lled me i n t o s ee him . I b elieve he wa s
su ppo s e d to have b een di z zy . 'Vi e ;v ere try i ng to loc a te the
source o f his injury a t tha t time. I a lso exami ned s ome x-ray
pic tu r e s of h i m .

A,

. Q, ,
.A .

Q, .

A.
Q, ,
r ..

No w, will y ou 11l eas e state t o t h e Court \· ha t y ou found as a
result o f tha t examina tion'?
At th a t ex amin c1 ti on , the ear d r um had evi de ntly bee n ru pture d, an d there was s ome bloody s eru m showi n g ov er that
site a t tha t ex2.mina tion . The x - r ay p ictu r es -- I wa sn't
able to see i n t hem any d ef ini t e f ra ctu re t ha t woul d i n dic a te a skull fr a c tur e . Th e man wa s we ak a na appea r e d d izzy
wh en he s toa d up , and n o fu rth er exami na ti on wa s m&amp;de by me
a t th a t time. He &gt;'las sent i n la ter to me for a check-up of
his he a ring an d vi s ion.
When wa s that?
That w&amp; s prob ably a " ou t a mo nth after th e time h e wa s in the
hospita l .
What d i d.. you fin d c:. t tha t time?
A t t h&amp; t ti me the man complaine d of lo wered v1 s1on -- very
}:Joor visio n -- and he had many other symptoms of dizziness
8l1d. pai n i n h i s h ead .
He comph:.i n ed o f not being a·ble to
hear o n t h e one si d. e . Ky exam in a tion a t that ti:ne did not
disc lo se very- much t o acco un t f or all o f tho se symptoms.
I ex ~ 1i ea h im re_pe a te d ly, I vrnu l d say many times, a fter
that. Som e of those ex amin a tions were not ma d e as a matter
of record, b 1_l t they 1;1 ere mad e a s c a sual office examin a tions,
e.na t h e:1 I made an exami na ti on o r t wo af ter that, when I
believ e the coal compa ny sent h im, or- thr ough Doctors Lauzer
and. Sa.nae rs, a nd then I made re [$ular reports of those examinations. 3ut his sympto ms ciuring, those pe riods never seemed
to dovetail with the physical findin g s.
:Jhen did you l u st examine thl s ma.n?
refer to iflY records here?

Q, .

1

J-. .

}fay I

~A,

Yes.
I cannot tell you the exact date, but it vrns in September of
1 J 33, according to my last records, before he wa s sent to
Denver.

Q, ,

,.'/hat did you find at that time?
I was unable to find any physical eviaence to support the
man's sympt0ms at a ny time. I considered t:i:1a t ei th.er the
man was mali n 5 ering o 1· that he haci some s ymptoms or some

A.

�3
objective sign s which I coul d not correlate with t h e things
h e c omplai ne d of . I s u g g e s t ed to someone -- I don't lmow
whe t he r it was the Court or who it wa s -- a t tha t ti me t ha t
th e man be sent for a comJ,&gt; l e te neu ro l o gical a nd serolo gi cal
exar.1 ina tion, a n sel ecte thre e or f our men in Denver to do
this who h ad not p reviously ex ainine d the man. As I rec a ll,
he had been exami n e d in a lt Lake a nd h a d been pronounced
a ma lingerer, but, to give the man the benefit o f the doubt,
vie selec te d t wo ou ts t an d in • me n in De nv e r. But y ou asJ&lt;:ed me
'Jhat I fou nd . Th e man a lw ay s comp lained that he could not
s ee . Th at w&amp;. s his m i n comp l a int. He also com1lained th &amp;t
he va s dizzy , u. n he hc.d :p ain s in his hea d , a nd he could
not hear 1.vith one e a r . I n my tests oi his vision, I wa s
never a ble a t an y time to 6 et him to co - o p erate suff iciently to find o ut v,h et· er h e coula see o r not . He would refuse
to r e a d a ny k in d o f a ch art . Wh ether t h e cha r t be he l d up
t wenty fe e t fro m him o r wheth er it i,-,a s h eld up in f ront of
his f a ce, he sc..i he coul dn ' t s ee any thin • , a lthou gh he wa s
able to g et aro un d f a irl - s a tisf a ctorily .
Q, ,
A.

A,
Q, .

A.

Q,,

A.

Q,,

A.

Did y ou ever see him a f ter t ha t exam in a tion i n 1933?
I' m sorry, but I don ' t have my office r eco rd s v, ith me, an d I
don 't know 1Nhether I d id or not . At least , I don' t b elieve
I made any rep orts on h i m a fter tha t t i me .
Did you ev er see hi m 'vhen he v,a s not a t your o ff ice - - that
is, see him c a sually?
I believe I have s e en him on the s tre e t, y es.
Novi , I ,:,il l as _ y o u to st a te, fro m your ex am in a tion of the
vrnrkman - - did you f i nd any p ermanent p hysical di sabi li ty,
or did you find any -(Inter_LJosing) I ·woul d li ke to ha.v e tha t question put a little d if ferent l y , if p osEi b le, so that I may an swer it more
intell i gently . Do you mean , d i d I find any objective signs,
signs th&amp;t I could see, of physical disability?
Yes, objective symptoms.
We speak of objective si g ns as something we can see, a nd
subjective as something tha t the patient feels. I hc1.ve
never been able to find any objective signs at all to account for his alleged trouble or symptoms.
Now, in your opinion, do you believe tl1at there are subjective symptoms or that there is something wrong with the man
mentally?
Yes, I have formed a definite opinion in that regard through
this period of time in which I had observed him and in readin.-:, the re1Jorts of the specialists wbo have examined him,
and I have fanned a definite opinion as to what I think his
trouble is.

Q,

What is that opinion?

A.

My opinion is that he has a condition known as post-trau.-rnatic

�4

neurosis, or p sy chosis. I believe the man believes in his
o wn mind tha t these thin gs a re wron g with him. At first I
wa s incli ned to believe, li k e the oth e r men, t ha t the man
v1 a s an out-and-out ma ling er er, but I am convince d now that
he is not. I believe , if y ou wan t to so c all it, tbat it is
a mil d form o f insanity.
Q, .

In y o u r opi nio n , is this mental con d ition due to the inj ur ie s whi ch he s u st a i ned i n Octo ber , 1 93 1?

A.

In my personal opinio n , it could be _p ossi ble .
MR . TALI AFJi' RO : I object to tne answer anci move that
it be stricken ou t. He aske d h im, in his opi nio n , did he
consider his ment al condition no w the r e s ult o f the accident, and no w he says, 0 1n my p ersonal o pini on, I thinl&lt; it
might be pos sible" . Tha t is si mpl y a gu ess .

THE COURT :
s wer it.

11aybe that is a s definite ly as he can an-

THE WIT.HESS : I mi ght qualify that, if the Court wishes,
on this basis -- tha t t h ese qa ses a r e com~a ratively rar e, and
much of our o inion i s f ormed on t h e pa st r ecord of similar
c a se s t h a t we h a ve r ead ab out or have s e en co me up before
other courts o f a si mil a r nature . 1Iy findin g s a re ba sed
:princi p a lly u pon t h e i n terpretation of the re ports o f the
other special_i sts who h ave exa.min ed t his man .
HR . TALIA.FERR(:) : I object t o hi s bas in g his opinion
upon rep o r ts of other speciali s ts that have examined him.
This is not a hypothetical que s tion.

THE COURT:
Q•

A.
Q, .

A.

Q,.
A.

I think I wil .1 l et the a nsvrnr stand.

Does this post-traumatic neuro sis d isable this man from
performing work a t a t,ainful occup a tion?
As lon g as it exists, yes.
I wil l ask you to state whether or not, in your o,l)inion,
the post-traumatic neurosis condition that you found to be
present in connection with this case, or this p a rticular
workman, Vfa sil Levkulich, is permanent or merely temporary.
I am unable to _answer that ciefinitely, but, to quote again
from the authorities on similar cases, I would say that
many times in such cases as this, when any kind of a settlement has been made, either for the patient or against him,
the neurosis will sometimes clear up when the patient's mind
has been satisfied that the case has been settled.
Doctor, are you a member of the Sweetwater County lunacy
commission?
Yes, sir.

�5
Q,.

A.

Q. •

A.

Vlha t would you say as to the mentality of this workman? Is
it normal, above normal or , below normal?
Not knowing the man before his present condition, I would
not be able to say definitely, but I would probably classify
him as being somewhat below normal.
From your e xamina tion of this man, Doctor, do you know definitely, or even approximately, when this post-traumatic
neurosis was cievel oped or wh en it became present in the man
to such an ext ent that he could not :perform work at a gainful occupation?
I under s t and the man
llR. TALIAFERRO :

I object to what h e understands, if

Your Ho nor p le ase .
A.

You mean, since t~'le injury?

A.

Q•

Since the injury.
It is my opinion that the trau ma tic ne uro s i s took place i!Ilmediately follo wing h i s injury.

Q, .

And was present at the da te o f your last examin ati on in

A.

September, 1 g33?
Yes, sir.

Q..

A.

Coul d you state from your casua l observat ion of this man after t hat ti me whether t ha t con diti on still existed at the
time you saw him, and. , if so, appro xima tely what time or
date that VJ as?
The only ·way I could an s v1er that is that the last time I
personally s aw him and e.xan1ined him, it existed, and tn
t a lki ng to ::!l.embers o f his family and others, the condition
was app a rently the ea..--ne v1hen I would inquire about him.

A.

In othe r v1 ords, you keyt in close touch with this case
sin ce its inceptio n to the p rese n t time, is that correct?
Fairly close, through asking about his v1elfare from his
other doctors and his wife a nd one or t wo qf his children
that I have seen.

A.

I will ask you to state, to ascertain anci to realize that
this traumatic ·neurosis condition exists -- can that be
found upon one examination of a workman or does that require
a continuous study of the case?
There are certain cases of traumatic neurosis which· are
demonstrated by actual physical findings, such as x-ray pictures, and there are some that we are not able to demonstrate
and yet we know they exist.

Q, .

Q,.
A,

In which class would this one be?
I believe this is a case in which no physical evidence can
be shown in the way of x-rays or tests to support his symptoms.

�6
Q,

A.

I will ask you, then, in a case like this, referring to this
particul ar case of this man, V/ asi 1 Levh.7J.li ch, could some
d octor, ·by ex amining him only once, determine whether or not
he was sufferin g from tra umatic neurosis or · would it require
~n ob s erva tion over a period of time?
I believe it would be necess a r y to observe a ny type of neurosis or p s ychosis to d etermine whether it was present and
to ,vha t degree.
!lIR . GiiLICICH:

You may cross-examine.

Cross-Examin a tion by iJ~ r. Taliafe rro:
Q, .
A.
Q,,

A.

q, .
A.

Q. .
A.

Docto r, when did y ou form an op inion that the wo rkman or
claiman t here wa s s uffering f ro m trauma tic neurosis?
When did I form tha t opinion?
Yes, when did y ou form tha t o_p inion?
I believe I form ea. th a t opinion after the man wa s examined
in Denv e r.
Not until a fte r he v1as e xami ned in Denver did you form that
opin io n?
Ye s, s ir.
Did you form that o p i n ion, a s y ou h a ve stated, from the report s tha t were received fro m these specialists in Denver and
Sa lt Lak e?
The r eJ!orts woul d indic a te t hat the man d id not have a traumatic n eu ro sis.

~A.

An d you fanned that opinion af ter you had read these reports?
Yes, sir.

Q. •

So th a t you didn't f orm y our o pinion as to the physical and
men ta 1 condition o f this c l a i!llant from what these o th.er sur6 eon s ha Ye said?
I was able to se:para te the v,hea t from the chaff, so to
speak, a nd from the highlights of their findings, these complete re_t-&gt;orts, I was able to sift down and correlate them,
a.nd I formed my opinion from that source rather than from
what the doctors' opinions were of the case.

A.

Q.
A.

You testified at one time that you arrived at that conclusion as to the condition of this workman from \'!hat the specialists had said about him, v1 ria t they reported?
I did.
•

~A.

You arrived at it from what they said?
Yes, sir.

Q.

Anct it was, then, that you read between the lines ana determined that some of the things that they said were chaff and
other things that they said were wheat?
Yes, sir.

A..

�7
Q•
A.

Q,.
A.
Q,.

A.
Q..

A.
Q,.

A.

ii.

A.
Q,.

A,

Q.

And that is the way you have arrived at your presen t con~
clusion?
Not entirely.
It is also from taking into consideration my
past dealings person al ly with the patient and my examinations of him on many occasions.
But you h a ven't e xan1ined him since he returned from Denver
a nd Salt L a ke, except to see him on the street'?
According to my records, I don't believe I have examined
him.
I say, you h a ven't examined h im since ·you sent him to Denver-:
He h a s been s ince tha t, yes. He went to Mayos' since then.
Have you exam in ed him since he ,a ent to :Ma y os''?
No, sir.
Then '.'lhat is t he use o f b ringing i n th a t :Mayo business?
askin g d irect que s tions.
Yes, s ir.
-

Now, the fact of the ma tter is, Doc t o r, in September, 1933,
you made a st a te~ ent, did you, over your own si gnature, with
Doctor Lauzer a nd Doctor Sand ers, t ha t you vrere unable to
tell that this man v,a s suffering fro m any physical or mental
condition, an a recommend ed tha t he be sent to other specialists?
I don't r emember my re po rt without seeing it.
I '11 sho w it to you ( h a ndi ng paper to vli tness). See if you
reco g nize t his. See if y ou recollect it. I hand you a copy
of a letter, and see if you can identify that as being a
letter tha t you wrote.
The ori gin a l, of course, is in Denver.
Yes, sir.

A.

You wrote that letter, did you?
Yes, sir.

Q,.

And the date of it?

A.

Sep te~ber 11th, 1933.

Q.

You haven't examined this man since t1i.en, have you?
I don 1 t believe I have.

A,
Q.•

A.
Q,

A.

I'm

That is what you have testified to.
I don't recall any.
On September 11th, 1~33, you addressed a letter to Doctor
Franklin G. Ebaugh, 4200 East 1finth Avenue, Denver, Colorado?
Yes, sir.

�8

A.

.Now, before going further into th a t letter, I will ask you
if you recollect joining in with Doctor Lauzer and Doctor
San d ers in a letter to Mr. R. Y. Gibson on March 22nd, 1933.
Yes, sir.

Q•

In that letter, you st a ted

Q, •

Iffi. GALI CI CH: If the Court p lease, if they a re g oing
to quote from t h e letter, wby not of fer it in evidence? The
letters a re t he b est evi d ence, and we would like to see the
letters.
lIR. T.ALI AFERilO : I ' 1 1 in trod uce them, if you wa nt me to,
after t h ey a re i de n t i f i ed .
I1ffi . GALICIC H:
But y o u v:e re a sk i ng wh a t wa s in it.
weren 't identify in g i t.

I.ill . T.ALIAFERIW:

MR. GALI CI CH:
bly save ti !'n e.

You

Do y ou want t o se e it n o v/?
'/e woul d li k e t o s ee it.

1

We c an po ss.i -

MR . T.ALIAF:&amp;-qRO: I t h in k we c a n s a ve time if you will
let me cross-ex~~ine him a s to his reco llection of the records.
( .'/hereup on, a ap er was m&amp;.rked for identification as
Employer's Exhibit A) .
ilR. TiU:..I AFERRO:
I i.'1ould like this letter to be admitted in evidence, if Your Honor please.
J.ffi . GALI CICH:

Q,.

No objection.

In this letter o:f }.larch 22nd, 1 ~33, marked Employer's E.xhibi t A, the following appears -11 \Ve examined him very- carefully and could find no evidence of any permanent disability as a result of _the
accident, unless his present mental state is the result
of the injury to the head. This cannot be verified by
x-ray or any other means at our command 11 •

A.

Q,.

Ana that is si~ned by Lauzer, Sanders and Wanner. Now, what
other mea~s, since this work.man was examined by these Denver
surgeons, has been developed by which you could find out
personally, yourself, about this? You hadn't examined him,
you stated?
No, sir.
What I am getting at, Doctor, is what you read in the reports of these surgeons. That was the only other means you
had , i sn ' t that true?

�g
A.

No, th a t is not true, in my sense of the interpretation of
it, a s to what other means I had. I rely upon my au tho:citi es in medicine, possibly like an a ttorney relies on his
a uthorities in le gal matt e rs -- his books -- and my opinion
has been mol d e d d uring tha t time by my past observation of
this patient pl u s the reyorts which we h a ve received since.

~-

Plus t h e - reports?
Yes, s ir.

A.

Q,.
A.

In othe r words , y o u h a v e chang e d y our o vm opinion of the
ma tter with o u t s.ny f ounda t io n wha tsoever as to examination,
exce p t the repo r ts of t fl e se Denver sur g eons?
Yes, sir.

Q,.
A.

And tha t is the way tha t y o u have cha n g e d yo ur op inion?
I have chan g ed my o p inion by a correlati on of my p a st examin a tion s with t he a ddi ti o n o f thes e o ther rep orts.

Q.•

But those past examin ations we r e to t he eff ect, a ccording to
your letter, t ha t y o u h a d no me a n s a t your co mma nd.
That is why we sen t h im do r-m t here .

A.
A.

Tha t is v1ha t y ou say - - tha t y ou h ad no means?
Tha t i s ri gh t .

A.

Tha t wa s true when y ou se n t t h i s l e tter, wasn't it?
Yes, sir.

Q,.

q, .
A.

Th e fa ct of t h e mcl tter is, when you co me down to it, that
you have si mp l y chan g ed y our thou ght si nee y ou examined
t h is man?
Yes, I have.

A.

An o. that cl:1ante has been mca.de without any examination of him
at a ll?
Yes, sir.

q, .

And that change is in violation of the opinion of these

A.

doc to rs, these Denver surgeon gr
Yes, sir.

Q,,

Q,,

A.

Now, Doctor, you say that you wrote a letter to Doctor
Fra!1klin G. Iirbaugh on September 11th, 1933?
Yes, sir.
li.B.. TALIAFERRO:

I think I will put this letter in,

too.
MR. GALICICH:

No objection.

( \Thereupon, the paper in question was marked for identification as Employer's Exhibit B).

�10
Q,.

A.

'\:Vha t is your specialty as a phy si ci an and surgeon, Doctor'?
I specialize in eye , ear, nose an d throat.

Q,.
A.

Wh a t is a neurolo g ist'?
A neurolo g ist is a ma n wbo de a ls \ ith the brain a nd nervous
sy ste;21, princi pally .

~A.

Are y ou a s pe ci a list in t hat?
No, sir.

Q.

In this lette r marked Emp lo ye r's Exhibit B, you sta te --

A.

I h a ve been a sked by Hr . T. S . Tal i a ferro, attorney
of the co a l compan i es h e r-e , to co nta c t a neurolo g ist in
Denver for t h e purpo s e o f arrang in g an examina tion f or an
employee of one o f t hes e co mpan i e s 11 - a nd y ou g o on fu r t h er and name Doc t or Edv,1ard Delehan ty.
You a sk ed him to con ta ct a n eu rolo g ist?
Yes, sir.

Q. .

An d then y ou fu r t h er say - -

A.

" As re gar d s con sult a tio n I woul d l ike to sugg est that
you call in another neu rolo g is t in ren de rin g your report,
and any of the follo win g men would o e a ccep t a ble 11 - a.n u then you g ive t h e n am e of Doctor Edward Deleha nty. 1fow,
you testified tha t you a re no t a neurolo gist?
No, sir, I 2.m not.

11

A.

Do you kno·w Villi) Do eta r Delehanty i ff?
Yes, s i r. He is a neurolo g ist in Denver.

~-

Is that his special line in the p rofession?
Yes, si r .

Q, .

A.

Q,,

A.

Q.
A.
Q,

A.
Q•

Do you reco {:,nize him as ·o eing a competent, efficient and
skillful neurolo g ist?
Yes, sir, he is a very goou ma n.
You got a re port from him, didn't you?
Yes, sir.
Did you come to your conclusion or your opinion -- this opinion that has been formed since the report was given by Doctor Delehanty -- from that report, did you come to your conclusion that this man, this workman, was suffering from an
insane delusion?
If I ·believed his re.l:Jort, I would think that the man was
m~lingering in putting on all of tho s e symptoms.
So you didn't come to your present conclusion as to this
ma.n's mental condition from anything that Doctor Delehanty,

A.

who is a neurologist, has said?
Ho, sir.

�11

A.

Their report to y ou was exactly o:ppo site, wasn't it?. It
fla s that he . couldn't find any evidence of any mental trouble
with him?
I don't rec a ll the gist of his r epor t.

Q, ,
A.

Gener ally, wa sn't tha t his rep ort to you?
Generally, his conclusions, a s I remember them, v,ere that
the man was a maling·erer an d tha t he had nothing wrong with
hi m an d tha t h e was pu t t ing on .

Q,.
A.

Either mental or physical?
Yes, ir .

~-

Therefore , the conclusion that you made was contra ry to
what Doctor Delehanty informed you?
Yes, sir .

A,
Q.
J.L

Q. .
A.

~A.

So his report didn 't enter a t a l l into this co n cl u s ion of
y ou r s , this ne w conclu sio n
Ther e v.' ere many things i. his report v:hi ch el i minated and
cleared up po in t s that were not clec1.r in our minds as to
othe r ment al and physi c2.l asp ects of the c ase .
Do you kno w Doctor Fr ed S . Ha lsted?
Yes, s ir.
~'ha t is his specialty?
I thin k he d oe.;; e ~r , nos e mi thro ~t . I d on't kn ov1 v1heth er
he c. oes e e work or not, but I know he does ea r, nose and
thro at .

Q. ,
A.

Did you g et a reJ_Jo1~t from him?
I hove a co py of his report, yes , sir. I don't know v/he ther
it WciS sent to me 01· not, but I think I have a CO lJY here.
Yes, I have a c opy of Doctor Halsted's re~ort here.

~A.

Did you form this later concl u sio n of your-s from anything
that he sai cl in his re.Qo rt to you?
Not any more th..n I did from Docto1· Delehanty's report.

GJ.

i..nci. his r e_por t wa s agcJ.i ns t the f incii ng of any mental tro1.:."bl e

A.

I

Q,,

The fa ct of the ma.tter is, Doctor, thct you dic..n't pay much
attention to what these doctors in Denver that you had referred this man to said, did you?
The fact of the matter is I :paid -considerable attention to
v1ha t they said.

,A.

Q,.

A.

with this workman, vmsn' t it, as he reported it to you?
c&amp;nnot &amp;1.n swer that without re ao in 6 his reliort over· . I
cannot rernembe1· a ll that he said. in the reJ:)or·t.

You vrnren' t guided by them in any \1.ay, v,ere you?
In ma.kine:, a diagnosis, I make it by a. pr-ocess of elimination, and by readin 5 the reports I ·was able to eliminc:.te cert~in :fi:'.actors,, vjhich I appreci~ted ano valued their reyo:cts for.

--

�12

A.

; .

So y ou h av e c o1 e t o t his con cl u sion, not fro m subse quent
exarniuation of t his wo r kma n , but from a nalyzin g the ref'Orts
tha t these doctors ma de?
Not entirel y . As I st te d before, it was fro m my correlation a n d my previo u fin d in b s in this c a se, plu s the s e reports.
.do w , o n t he 11th day o f September, 1 ;;13 ::, , y ou st a ted to Doc-

tor Ebe.u gh -t ha.s been my opin i o n from t h e very sta rt that the
patient ha s mal i n~er ed , especially a s to loss of vision,
a nd I am i n so me do u· t 2-. s to hi s los s o f hea ri n . : . This has
a l so bee n t he o pinio n o :i.. other men ;;·1h o have examined him".
1
' 1

A,

Thu t was y ou r
Ye s , s ir.

though t in Sep t ember , l'd3 3, wasn't it?

A.

Who i s Docto r Eba ugh?
Doctor Ebau gh i s conside r ed a ver r h i 5 h - cl as s man in his
p rofe esio n a s a neurolog i st .

Q, .
A.

In wl at?
In neu rology.

Q, .

0 .

That i s , in menta l Qiso rders or n e rvous disord e rs?
sir.

J. .

Yes,

G.

He is considered
Yes, s i r .

f... .
Q,.

...

.

Q, .

A.
Q, ,
A,

Q,.

A.

&amp;.

v e r y high - cl ass man ?

And that is not y our sp ecialty?
No, sir .
And, no tv:i ths t anui ng t h e sta tements of Doctor Ebaugh m&amp;.u e
tc you, a.nd the statements that Doctor Delehanty made to
you, wbom you reco mrnend as being high-class men in that
line -- you &lt;io, do you n·o t?
I do.

(Continuin€a.) -- you formed, since you saw their re:po1·ts, a.
different opinion?
Yes, sir.
And you formed that opinion from their reports and not from
an exami nation of thi s wo rkma.n?
I didn't say that.

~A,

But you said you hadn't exrunined him since?
I said my present opinion is formed from my past frequent
exciminations of the man, plus these re:f)orts.

~A.

So you had no such past oyinion on Se~temner 11th, 1~63?
My opinion before th&amp;.t was that the man was malingering.
I am frank in so stating that I thought the man was a ma-

�13

A.

Theref ore, y our opinion since that time, or your present
o pinion, is ai)p a rently f ormed in the face of the reyor·ts of
these sp ecialists that you ~eferred this man to?
Not en ti rely.
From what , i f you h aven't ex amined him?
i\{y op inio n has been forme d by the study of case re1,1orts and.
re a.ding o f au tho ri t i es on similar cases , ana it is my o p inion t ha t there i8 n o methoci of ex ami na tion that can demonstrate any s u bj e ctive evi ci ence o f in jury in this man .
VThy di d y ou sen a t ]:,. .is workman , a t your request mad e to me -,·;by did y ou send him to Denver to b e examine d by these doc-

A.
QV .

A.
Qu .

A.

tors.
In order to c l e a r the c a se up , if :po ssibl e.
You at that time h d n o o _ inion of t h e ma tter , and y ou
weren't an exllert in tha t ma t ter?
biy op inion wa s tha t t he man vm s a maling er e r .
Vlha t b a s oc curred s i nee t hen t o change that opinion?
I \'li 11 repeat wha t ha s occurre d . I ma k e my d ic.1.~no sis by a
proces s of e li mi n a tion . I h a ve ak en into con s i a. era tion my
past examin at ions of the man , a nd my t h o u 5 hts a nd op inions
a t that ti me, and the r e11 orts tha t were furnished by the
Sc::.lt Lake docto rs a nd the Denver d octor s a.n d th e Mayo Clinic, and. my re adin g o f medic a l b oo ks , books o f au thorit;y, on
s i milar cases, and. tha.t h a s mol ded my pr esent op inion.

.ti. .

That has mo ld ed y o ur present op inion?
Yes, s ir .

Q,.
J._.

.Anci i t has cr...a.ng ed s ince Se1&gt;.temoer , l (J33?
Yes, sir.

Q, .
A,

And you are not an exJ:)ert upon mental a nd nervo u s diseases?
Jfo, sir.

Q.

Will you give me the doctor books that you h a ve read, that
you have referred. to that you have read, upon this matter
of ment2.l disorders, since the 11th day of September, l'i:133?
I don't sup11ose I could quote all of them to you.

V

A.
Q,.

I asked you for the names of the books.
I say, I don't sup:i;io a e I coulu quote all of them, but I hcve
read \'/ebster' s Legal I.'Iedicine ano To.xi cology and Warbasse
on Surgery.

Q,.

Did they deal especially with traumatic neurosis?
That is the su-bject I wa s interested in.

......
"

AQ.•
A.

dian't ask you that.
especially.
Yes, sir.
I

I

asked you, a.id they deal with it

�14

A.

You re 2.d them. Don• t you know whether t h ey cieal t with this
or not?
They did n ' t deal \\T ith this case, but they dealt with similar cases.

Q,.
A.

Did they de a l with thitJ question?
Yes, s ir.

Q, .

'Iha. t is t wo a uthorities?
Yes, s ir.

Q,.

A.
Q,.
,A.

'When did y ou re ad th em, Doctor?
Oh, I re a d them, one of them, wit hin t h e l a st week , bec a use
I thought --

Q.

To get re a dy to testify in t h is c a se?
I thought I would b e c a lled upon t o give a n op i n ion.

Q. •

Then your op inio n fr om t h e s e books hc:.. s b een mad e 1:ri thin the
last week?
~To, sir.

i.

A.
Q,.

A.

Mo w, r eu.cii nt:,; the s e t viO boo k s has inf l u en c;ed your op inion in
this c&amp;se, isn't t ha t true?
.No, sir.
They dici enlarg e my vie\".ipoint or- refreshed my
memory, b ec a use I t h ouk,h I i:;ou l d be c a lled u yon to testify
to v. ba t I thought trauma tic neu rosis was.
1

q, .
A.

q, .
A.

You s ay you a re not &amp; n expert i n t ha t?
No, sir, I Elli not.
But y ou a re a specialist in eye, e a r, nose and throat?
Yes, sir.

c,i .

That is wha.t you have studied, isn't it, :Doctor'?

A.

I h &amp;.ve studied general medicine and surger&gt;j. I serve on a
lun e. cy commission, although I am not at a ll an e.x:pert on insanity, and do not pretend to be.

~-

A Jucige of a court serves on a lunacy commission, doesn't
he?
Yes, sir. But I am not testifying here as an expert in this
case as to mental conditions.

A.
Q,.

A.

Then what you have said here is not as an e.x_pert?
Absolutely no.
MR. TALI.AFElIBO:

That i~ all, Doctor.

�15
Redirect-e. amination by I\ii: r. Galicich:
Q,

A.

Is that your o pin ion as a doctor of medicine?
It is.
MR. GJJ..I CI CH:

Th at is all.

( Whereupo n , the ,·1i tne ss wa s excused) .

-o -

�16
E. S. LAUZER
a witne ss called herein on b eh a lf of the claimant, bein g
first duly sv1orn a ccordin g to law , on his o a th testified
a s follows:
Direct-examin a tion by Mr. Galicich:
Q. •

State your name , p l eas e.

A.

E . S. Lauzer.

Q, .
A.

/here do you res i de?
Ro ck Springs .

Q, .
A.

V/hat is y ou1' 11rof ess i on?
Phy sici an and surgeon.

Q,,
A.

How lon g have you been a physi cian a nd su r g eon?
Si n c e 19 0 5 .

Q.

At what p l &amp;ce?

A.

Ro ck Springs.

Q, .
A.

Were you in WyominiS a l l of tha t time?
All of that time.

Q, .
A,

You ar e a g r ad uate of what sc bo ol?
University of Nebr a ska.

Q, .
.A .

Do you know t h e injured ·workman, Wa si 1 LevkuliL:h?
I do.

Q, ,

Were y ou ever cc:1lled upon to tre a t him in your professional
c a };Ja ci ty?
Yes, s ir.

.A .

Q.
A.
Q,.

A.

I will ask y ou to sta te whether or not you were called upon
to treat him in your professional c a:pa ci ty during the month
of October, 1931.
Yes, sir.
On what date?
October 16th.

Q,.
A.

'!n.1ere did you firs·t see the workman?
I sa;w him first at the hospital. Doctor Sand.ers went first
to the mine and picked him uy and brought him to the hospital.

Q,,
A.

You say he was injured in the mine?
Yes, sir, the Lion coal mine.

~A,

Did you see him the same day that he was injured?
Yes, sir, I saw him after he entered the hospite.l.

�17
Q.,

A.

State to the Court what you found in your examination of the
workman.
At that time I found he ha d a sli ght l a c e ration on the right
side of the h ead, some what ov e r the right temple, and he was
bleeding a little from the ri ght e a r. He was in a slight
stup or ana a state of shock at the time.

A,

Was he consciou., or unco n scious when you saw him?
He was semi-consciou8,

Q,
A.

Ho w lon g d io he s t ay in t h at semi-conscious condition?
About t wo d ay s.

~-

Was he your p atie nt?
He wa s treated b y me, y e s , sir.

Q.,
A,

And by whom else?
Doctor Sanders.

Q, ,
A.

Doctor Sanders is y o u r a ssociate?
Yes, sir.

Q,.

A.

~l -

How lon g did you tr e at this ma n?
tree.ted him right alon g . I h ~v e tre a ted him until the
present time.

A,

I

Q, .
A,

·when did you last ex amine him?
The day before yesterday he \"la s at the office.

Q, ,

Did ~.1.r. Levkulich suffer a ny d i sa.bili ty, any physical or
objective disability, as a result of that accident, and for
how long?
He v1as -- you mean ho v: long has he been di sabled?

A.
Q, .

A,

~A,

Q,,

A,

Yes, hovi long ·as he di sabled, that you could show and see
his di s-.bi li ty?
He left the hospital on the 24.th day of October of the same
year, 10~1, but at that time I didn't fi~ure he was abie to
work, and it has been going on up to the present. We hever
have been able to decide -- that is, at least, I haven't
whether he has any physical di sabi li ty now or not.
In your examination of the worlrnan the day before yesterday,
did you f inci any disability whatever, either physical or
mental?
The only thing I could decicie anywhere near was that he had
some kind of a mental depression, but what it was, I could
not sey, but as far as any physical defects, I couldn't find
any.
When dia. you first discover this· mental disability?
Oh, it was sometime after he went home, but I don't know how
long afterwards.

�18

Q. .

A.

A,
Q, .

A.

Do y ou h a ve a ny i d ea a s to the approxima.te time?
No. I . t h in k - - that is, he wasn 't entirely -- well, I just
couldn't say, but some time af ter he wen t home, because he
was sort of depressed while he was a t the hos p it al, a nd
then vve t h ought vi e would 1 et him g o home a nd it would probabl y cle a r up a little ·better , but it appar en tly didn't and
it is stil l there .
Would you say this mental con d.i tion is the result of the
injury t hat he susta ined in October, 1931?
No, I v:oul o.n ' t, b ecc.use I can't prove it. I don t know.
What i s y our opinion in the matter;'
have alway s f el t th at there mus t be
some conn ectio n between hi_smental con dition now a nd th e acci den t, but I n e ver could _p oint out any thin g tbat I could
ab solutely st and o_n by a n y method of exa.rnin&amp;.tion.

My o ,inion i s that I

Do you mean physically?
1?hysi c ally or any other w y .
Q, .

A.
Q. .

What is the extent of this man's dep ression o r mental disability? Does i t inc&amp;pac i tate him p a rti a lly or totally'?
It appa rently is t o tal . At least , he feels t hat way .
Would you say that his ment&amp;l con di tion is :permane nt or
merely t em Jora ry'?
I do n 't know. It has been goinG on so lon g , I don't know
rhether it is permal'len t or wh ether it is something that
s til l m&amp;y be cle ar ed up .
Do y o u know hov. he su s t a i ned h i s injury?
A timber hi t hi m on the he 2.d .

Q, .

A.

The excilllination s.b.ow e d t-l1C4t he was struck by a heavy object?
Yes.
Iffi . GALICICH:

You may cross-ex amine.

Cross-ex&amp;~ination by Mr. Ta li a ferro:
Q,

A.
'{ ,
A.
Q,,

A.

q,.

Doctor, all you kno w ariout any mental 0isorder th a t he h~s
is V!l'.Jit he says himself?
Thfat is all.
Tha t is all, but we can't prove it.
And you don't knov1 v1hether what he J;3ays if feigned or fraudulent or whether it is true'?
No, I don 1 t . I don't know.
And y our conclusion wa s entirely drawn from what he tell 8
you?
Yes, sir.
Are you an expert, Doctor? Is that your specialty -- in
men ta.l 2,nd nervous diseases?

�19
A.

No, sir.

Q, •

You concurr e d with Doctor ~a nner that this man should be
. sent to sp eciali s ts on nervou s diseases?
Yes, s ir, bec ause we felt we were not ab le to mak e a
neurological exam i na tion.

('\

I,'

You coul &lt;in 1 t fi n6. any evid ence o f mental dise a se except wh a t
h e tol d y ou?
Tha t is a l l .

Q.

Do y e u kn ow Doctor Eo.v1&amp;rd De lehan t y?
Yes, s i r .

Q, .
A.

':lb.a t i s his r epu t ati o n a s a ment al s ur eo i a nd :physician?
He is one o f the hi 6 hes t cl ass men in th&amp;t lin~ in this
west ern country.

Q, .

Would r..i s op i nion hav e i nfluen c e v i th you a.s a physician
a nd sur g eon on a me ntal matte r?
Yes, sir, it would . I wo u ld s · y it , ould .

"
A.

A.

Do you kno, Doctor Ha lsted?
No, I don't. I h ve hear d o f h i m, b u t I don't kno¼ him.
Q. .
A.

Do you kno w o f h is r evuta ti o n?
I have hea r d of him by reput &amp;tion, yes .

A" .

':lha t i s i t ?
He i s a nose and t hroat sp eciali s t, a s I rec a ll it.

Q, .

'!mat ie his re_pu t&amp;tion in th a.t fie l d?
It i a good.

A.

You don't know him personally?
lif o , I

Q. .

A.

do n ' t.

But you do know Doctor Delehanty?
Ye s , sir.
Do you know Doctor F. B. S te~henson?
lfo , I don ' t.

Q,.

A.
Q,.
b..

Do you knO\'i anythin€, about his reputation?
I can't say that I do.
Do you know Doctor Ebaugh?
I don't know him per son ally, but I know him by repu ta tio 11,
and I hc.ve had corres}londence with him.
What is his specialty?
He is a neurologist and psychiatrist.

That is, mental and nervous disorders?
Yes, sir.

�20
Q, ,
A.

'?Jhc..t is his reputation?
Very high-class.

:i,.

.'/oul d y ou 'oe influenced in formin g a n o pini on by v.'ha t he
s a i d?
Yes , I would.

.A .

In a men t"'"l c ase?
sir.

Ye~.

Do y ou kno 1,• Do ctor Y:: erby of S&amp; l t L a ke City?
-Ye s , ... i r .
A.
Q, .
A.

A.

\','hat is h is r y ec·a1t?
x - ra;y· .

·:rh a t i E&gt; h i s r e1rn ta ti on ?

I s he s J.r...i 1 f u 1 i n tha t ?

Yes, s i r , first - clQss .
In the ex a.mincttion o f a n x -r a , woul d you be g ui d ed in a n y
·way b y his stu temen ts?
Yes, I wou l d b e incli ned to ~ cc~ t his d i agnosis.
Do you knoD Docto r ~d~in ~ . son l eh e r?
Yes .

1:lh a t is h is speci a l ty?

Sye , e ~r, nose and tl1r o a t .
Do you know him ~e rso~ally?
Yes.
Q, ,

i-. .
Q.
i .•

:lh2:.:t is his st /;(nd i t1 0 as a syecial ist in t hat regard?
High-el a ss .

1

V/oula yo u be g ui ded a 6 ood aeal oy wha t he said?
Yes, I v;o uld, in tl-.1.&amp;.t line·.

A,

I mec;.n , in thc2 t special branch of medicine and surge ry?
Yes, I v10uld.

~A,

Do you kno ~ Doctor Foster J. Cur tis?
Yes.

Q, .
A.

Of Salt Lake City?
Yes.

1, ,
A,

What i s hi s SJ:) ec i a l ty?
He is a neurologist.

Q, ,

Q,

~ ental a nd nervous diseases?

i-...

Yes.

Q,
1... .

Do you know him personally?
Yes, s ir.

�21
Q, .
A.
Q, .
r.

.n..

'i \That is h i o r epute. tion
d i s eases?
Ve r y h i gh- class .

c..l S

a sJ:)eci al i s t i n me ntal a nd nervo u s

Wh at woul d y ou think of a r e .J:)o rt made by him? Woul d y ou be
influe nc ed by it?
Yes , I would . I v1ould g, ive it dee) consi d e ra t i on, a t le a st.
You t hink t~-iey &amp;re wo rthy of consideration?
Yes , ~ir .
MR . TALI 1J!'11

0:

Th· t ' s a ll .
by l'l r . Galicich :

Q, .
A.

Goin g b a c k t o the wor l&lt;wan , ".'/ asil Levkul i ch, Doctor, i n your
opinion , woul y ou s2.y t h i s man is a ma lingerer o r t ha t he
is ac t ually suffering from 2. men · al d isorder-?
I n e ve r felt , a s I
ta te d before, tha t he wa s a mal i ng erer ,
en tirely . There uere some thin ss th&amp;t h e exag ge r a t ed -no question c1 bout it - - "t:, u t hoY: much, I coul&lt;.ln' t decid e.
You wo u l dn 't s y he is tot a lly mali ngering?
No , I v,o uldn ' t .

&lt;t •

A.

Do you feel there i s a ment a l a i ab i l i ty in • ddi tion to
ma.li n 5 er i ng?
Yes , I do .
Co u l ci. you esti mat e that , o r in any way give the Court some
i o. ea &amp;s to how much y ou th i nk is pu t o n a nd h o w mu ch is a ct ually
man t a l st a t e?
I wouldn 't eveu a tt er.ro t to , becaus e it can' t be clon e . \l e
c- n ' t ~ne .SJ.re i t.
'l'h~ t i s t he r ea son we s ent hi m t h e last
tirne to the s!lay o Clinic, and t hey cou lc.n' t do it.
THE CODI T:

Is tha t lJay o Clini.c report _in the file

here ':
rl H. TALIAFERRO:
lfo, sir, I don't think so, but I
wo u l d n't object to i t bein g pu t in.

!iR . GALICICH:

Yes, that is agreeable vii th us.

( Whereup on, t wo p ap ers v,ere uw.rked for identification
as Employer's Exhibit C a nti Employer's Report D) .
Ex amination by the Court:Q, .
.b. .

!,'/ ha t is your interpretation of tha t report, Doctor?
Tha t there is some rel a tion shi11 - - they feel the same a s we
have ex~ressed here -- that there is some relationship bet ween the injury and. his menta l &amp; tti tude, but 'H!lli t it is,
vi e can ' t subst&amp;ntiate, and there is no way oi' proving it.

�22

H. ecro ss-exam in a tion by 15: r. Taliaferro:
Q~ .

A.

Cal ling y our atten tion to th e l n st y a rag raph here -- "The
presump tion is tha t injury induces structural c..: h an ge s of a
sufficient a e g:ree to alter our subj ective processes"
that simply 11ean s that there is
presump tion?
-Yes.

A,

(Continuing reaclin3) -- 11 but we are not in a position to
find. physical e i gns to co r res1-1on d with them".
Exactly, and tha t v1a s our thought -- we co u l d n't find it.

Q. .
A.

Was t ha t y o ur t h ou 6 h t ?
Yes, s ir·.

Q. ,

1:R . ThLI AF?JRRO :

Tha t is a ll, Doc t or, so f a r a s I am

concerne d .
Examin2- t io11 by t he Court :
Q,
J.. .

Doctor, a re y ou a c quainted :, i th these trauma tic neurosis
ca s es? Do y o u us ually find :physic al :::yrnp to ms to explain
the menta l con di tio n or n o t?
"hi s trauma tic neurosis i s a co mp a r a t ively recen t disease,
an&lt;.i it is r a ther in d efin i te .
That is, y ou may h ave an injury to a l eg , an d you have a p ecu li a r lot of symptoms
tl1ere and yo u c an 't acc ount for t h em in a ny other way, but
be c ause y ou hav e an inj u r
it wo u l d be p rob a bly classed as
a traumatic netu·osis. I n t hi s c as e, the injury is to the
head, and these pe culi ar conditions have come on. I kne w
this man before, and, of course, he \'las a little below
normal intelligence t h en, but since then this has been agg ravated, but ~hethe r it i s the a cciden t or something else,
we don·t know.
1

J....

0.

You ·.tone time thought he wa.s a malingerer, didn t you?
:Not en tirely, no. I knew some of it wa s, but I never thought
he was entirely a maling erer all the time.

Q,,

You still think that part of it wa s malingering?
Yes, sir, I think part of it.

A.

Q.
A.

You think he is putting it on?
Some of it, yes.

Q,,
A.

But you don 1 t know how much?
lfo, sir. \Ve can't differentiate.

THE COURT:

That's all.

Recross-examination by Mr. Tali~ferro:
Q..

Doctor, in Doctor Delehcmty' s cross-examination in this
c a se, on Interrogatory No. 4, which is as follov,s:

�23

A.

"Stc..te a nd ex plain v1hat is me ant by tra uma tic neurosi s 11
and, in a nswer to tha t, Doctor Delehanty says this
"'Tr a ume1.tic ne u rosis' is a term a pplied to a train of
mental o:r nervou s s ymp toms whi ch develop following a n accident and which a r e c ause d b y other influences than trauma".
Yes, that is tru e.

Q,,
A.

It may be cause d by oth er thin g s except the blow?
Yes, it may b e c aused by o th er thin g s.

Q,,

Arthu r L ee s u gests t h i
que st i o n, Doctor -- May not neurosis d evelo p fro m a malin g eri ng a nd apart fro m a ny a cci-

A.

oen t?
Tb a t i s po ss i bl e , ye s.

A.

In other words, a :person c an thi nk o f h i mself h avin g a di ·sea s e and beli ev e h e ha s a di se as e , h e n t here is no a isease?
Yes, t i.la t is pos s ibl e.

Q,.
A.

You h eard Doctor "lanne r's te stimony?
Yes , d r , I di d .

Q, •
A.

You 1 i st en e d to i t ?
Yes, I di d .

Q, .

And he s a id in his testi mo ny tha t a p er s on who is a ma.lingerer a nd ,•;ho h a s thought a bout his cona i tion an d who has
ma de himself nervo u s in s uch a way a s to a ffect his mind
may cle a r u p when it is d efinitely detenni ned that he is to
get comp ensation or that it is definitely asserted that he ·
is not to 5 et compensation. Did you catch that?
Yes.

Q,.

A.

~.
A.
C'1, .

A.

In other ~ ords, either one way or the other, the matter
mi ght clear up?
Yes.
'l'ha t would be the man's o wn thought, v10uldn 1 t it, ra.ther
than from the trauma?
Yes, it appea.rs that v1ay.

mR. TALIAFERRO:

That's all.

Hectirect-examination by Mr. Galicich:

A.

Now, in this p&amp;.r·ticular case, Doctor, you are well acquainted with the m&amp;tter as it proceeded in the courts, are you
not',
That is, you remember when the case was originally set
for hearing in 1~33?
Yes .

A.

Yes.

Q.•

.And then the man was sent to the doctors in Denver?

�24

Q,,

A.
~-

A.
Q,,
A.

~A.

And after the reports caxue back, the matter was dropped, so
far as the man's claim wa s concerned?
Yes, sir.
And after the cas e was d ropp ed, did you notice any change in
this man 1 s condition?
No, I didn't.
In other words , ther e wa s no change in his con dition &amp;fter
t h e c ase was dro p ped?
No, it didn' t s ee,u to ma ke a ny d iffer en ce either one way or
the oth e r.
Now, Doctor, going back ta the questio n ·that Arthur Lee
sugg este d , y ou s a i
th a t a man could suffer from traumatic
n euro sis eve 1 thou h the re wa s n o injury?
No, I didn't s '""y II tr auma tic neuro si s 11 • It wo u l - be just a
neuro sis.

A.

That is a di ff er en t ty.9 e of n eur o sis?
Yes, t ha t is a little d i ff eren . . t yp e .

Q, .
A,

That i s ca l 1 ed w:b..a t '?
Psycho-neurosis.

Q, .

l'.ff . GALI CICH:

Th a t 's all.

( .'/hereu pon, t he v i tness was excused) .
-o-

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                    <text>c m.:1J?E:NSATI01'T CLAI M
WASIL LE VKULIOH
El.J?LOYE OF LION COAL CORPORATION

Tran s~r ipt of Testi mony b y
Jay Go ·wanner ~ MoDo

I'

J

., .

�October 24 9 1935

Mro To SoTaliaferro, Jro,
At torney
Rock Springs, Wyoming
Dear Mro Taliaferro:
I am returning herewith transcri p t of
evidence given by Dro Wanner in the case of Viasi}.__ ,
Levkulich~ e,n employe of the .~ion "C.oa:J_ C_om:p_anyo
I found this _ testimony very interesting
and have had a copy made• for our fileso
very much for passing it to meo

Thank you

This shows the

tredn of what some people are trying to do and which
will probably get worse before getting bettero
Yours truly,
·~' ____ , if! i

l,'i

~A\fl~S~~

�\

!J

··• 11,. LaJT... O::lO
1oiJ10i ,,• ..'r ~ Taliui'e1·1·0' r lott :..-

·&gt; ~o-'u!)cr -1:i: tll •;;; 10 toatit.10Lf
-::of rrcd to.

•

�/

C O P Y
TEE UNI ON PA~IFIC COAL COMPANY

Rock Spring s, Wyoming
October 10, 193 5

Jffice of
• Attorney
kr. Georg e E o P r yde,
Vice President and Gene ral :Manag er,
The Union Paci f i c Coal Company,
Rock Spri ng si, ~yomi ngo
Dear Sir:

I hand y ou herewith the testimony of t vrn of our l ocal
Doctors taken in a case at Green Ri ver on the 2nd day of Oc t ober,
1935, wherein Pal y') t he County Attorney and others claime d
an em:9loyee of t h e Lion Coal Company wa s permane n tly, to t ally
disabled fro m insanityo

This ca s e involved s ometh ing around, I think, $ 8 ,00 0 oOO .
This case will be of interest to you, becau se I think The Union
Pacific Coal Company has one or t i.:70 simil a r caseso
I vvan t you t .o read t he testimony g iven by Dro Janner,
which i l lustrates the jeopardy we are in at a l l timeso

I find out that I make a mista ke in a former case, wh ich
mistake I avoided in this case, and I also avoided it in the Union
Pacific case of Eugene Griglione. I think I told you the many
letters an d messag es that I sent to General At torney Loomis.

I had this transcription made especially for the benefit
of 1:r o Bayless, a,nd I ask you to turn it over to him when you have
read Dro '7anner' s testimonyo On second thought, I think it would
be well for y ou also to get a good picture of how easy it is to get
one Doctor in ten or fifteen t6give testimony, which will s upport
almost any outrageous claimo If Dr. •:!anner ha d examined this
-.;.rorkruan con s tantly fr om the ti me that he went to the Denver
s pecialists, t h e Lion C~)al Company would have lost the case. It
may be expensivei, and this case was ex:9 ensive for the Lion Coal
Cortr::iany , bu t we must send our patients to the specialists near the
ti~-e of trial a,nd after local Doctors have committed themselves.
This case vJas ex1Jensi ve for me, the time that I put in on the case
"b eing ,.-rn rth a g ood deal more than the Lion Coal Company will pay
•:·e f er t"IT7 o ,r ears o
Kindly treat this letter e,s confidential between you and
Er. Bayle ss o
Yours truly,
{SGD)

TST:kb

T. s. TALIAFERRO, JR.

�Th e S t a te of ·,f!yoming )
County o f Sw ee t wa ter

ss.

I N THJE DISTRI CT COURT

In t l e 11 a tter of the Claim
-ofemp lo y ee
of t h e L ion Coal Co m~an y,
r:1ad.e und er the Workme n ' s
Com_pe 1sation La\'i .

',7A3IL L :J!1lKULI CII,

No. 8215.

Excerots

Tr a,1scri-ot of 1?roceedings

-o-

Gr ee n Hi v er, '.'i yoming,
Octo b e r 2nd, 1935.

I

•

�J. G. WANlTER
a r1i tne ss ca lled herein on beha.lf of the claima nt·, being
firs t d ul y sy.rorn according to law, on his o ath testified
as foll ovrn :

/

/

Direc -- excunination by Mr. Galicich:
Q,.
b..

S t ate your name, please.
J. G. ·:fanner.

Q, .
A.

7here do you reside?
Ro_ck S rings , Wy oming .

f"\

What is your business or p rofession?
P hy s ic ian and surgeon .

\:)J •

.A.

Q, •

A.

Ho vv l o n g have you been a physicia n and surgeon?
About seven teen years.

A.

0J .

Ho w long in ':iyoming?
Fifteen yea.rs.

Q..
A.

You are of the regular school of medicine?
Ye s , sir.

Q,.

Do you know the injured v.iorkman, \Va sil ·Levkuli ch?
Yes, sir.

A.
Q. .

A.

Have you ever attended or exwnined the man in your profess ional capacity?
Yes, I have exarnin ed him several times.

A.

When did you first examine him?
I examined hi m first -- I couldn't te.11 you the exact date,
but it Y1as in the hospital shortly after his injury.

Q, J,..

Do you know v:here he wa.s injured?
Do you :mean the p l ace':'

Q, .
ii .

Yes .
I uno.erstood he was injured in one of the mines in which he
m:-:s employ e d, while at his duties.

r"t .

Coulo. you tell us the month a.nu the year of that first e.x/::l.Illi-

A.

I don I t oelieve I
ords .

Q·

Do you have them with you?
I d on't h&amp;v e the records o f the fi 1·st exmnin ation, but I
have z ome records of the reports ma de since that time.

Q, •

h .

n""- tio n?

coulc.. wi tr.i0ut referring to my office rec-

THE COURT: He was injured, Doctor, accord.ing to the
report of the employee, on the 16th of October, 1931.

�2
,' Ji..

(Contin u ing)
I sa,w him ap:p roxi ma tely pos sibly on t he 18th
or 1g t .n of t h a t same mon tt.
You n aae en examination of him a t that time?
Yet=, I e xamined him. I examine d on e o f his ears , on t he injur ed si e , b ec ause he had been h~v i ng some bleeding , and
Docto r Sanaers called me in to see him . I believ e he was
su p.f)o se d to have been dizzy . Vi e 1Jer e tryin g to locate t h e
sour ce of his injury at that time. I a lso examined s ome x - ray
picti;,re.:: of h i m .

. Q, ,
A.

l o ,u , will y ou p le a se st a te to the Court what y ou found as a
result 01 that examination~
At that examin a tion, the e ar drum had evidentl y bee n ru p ture d , and there wa s s ome b loody seru m showin g over tha t
site a.t that exciJ11ination.
The x -ray p ictures -- I ,.1asn 't
able to see in them any defi nite f racture tha t rnuld in d icate a sku ll fr a cture. The man wa s we ak and appeared d iz zy
v,h en he sto o c"; up, and no further examin •• tion wa s m&amp;de by me
at th a t time. He ~a s sent in l ater to me f or a check- u p of
his he a ring and vision.

Q, .

i;)hen wa s that?

A.

That w&amp; s probably abou t a month aft er the time he was in the
ho s:pi tal.

Q, .

Nh a t did you find at that time?
At th&amp; t time the man complained of lo wered vision -- very
i,oor vision -- and he had many other symptoms of dizziness
~nd pain in 11is he ad . He compla ine d of not being a·ble to
hear on the one side. Fi.y examin a tion a t that ti :ne did not
disc lose very much to a ccou:1t for all o f those symptoms.
I e:x ~n i .E: c'i h im re1Je::.tedly, I ·would say many times, after
t lat . .:3om e of those ex a:nin&amp;tions were not mad e as a matter
of record , but they i'Jere made as casual office examin a tions,
2na the:1 I made an exa~ni::iution or t v.ro after that, v1hen I
be l ieve thG co a l company sent him, or through Doctors Lauzer
ano. 3E,i1 ;:,i e:rs , e. n d then I made re gular reiJorts of those examinati ons . BL,t his symp to ms ci.uring those :i;,eriods never seewed
to do v eta il ·.v ith the physical findin gs .
\1.he 1 d i d you 1 .::- st examine thl s man?
1•':&amp;;.)

(' .
(

J.-,. .

I

ref er to my records here?

Yf:: :a .

I ce..!mo t tell you the exact date, but it was in Se_t&gt; tember of
l 'i i33 , according to my last records, before he was sent to
Denv er.
'.'/.hect d. ia you find at that time?

I was unab le to find any }:)hysical ev1aence to support the
man's symp to 111 s at any time. I considered that either the
man '-.vas malinc;erin 6 or that he had some symptoms or some

�3

objec tive signs which I could not c orrel ate with t h e things
he com_p l a i ne · of . I sugge sted to someone -- I don' t lcnow
w:;.1e t ..,-1.~r i t was the Cour t or vho it ·:rn s - - a t that ti :ne t ha t
the man be sen t f or a comp lete neurolo g ic al &amp;.nd serolo ::,•ic a l
ex ai'.'.1i nat ion, a nd sel ected three o r four men in Denver to do
this \':ho h a ' no t p reviously ex o::1.1nine d the man.
s I recall ,
he haa been e..-xami n e d in Sa lt Lak e a nd had been pronounc ed
a m--: ~erer , but , to give t h e men the be1efit o f th e doubt ,
·.:ie se -ecte d two ou tstand i ng men in Denv e r.
But ou a s:!. ed me
\7 11£:tt I found .
The man always c omp l a ined that he could no t
see.
~·11at ::&amp; s his main comp l aint . He also co tnp l c,.i ne d that
h e nas 'izzy, l..nd he h·d p ains in his head , and he could
not he a !' ,"l i th one ear.
I n my tests of h is vision , I wa s
never aole at a ny time to g et him to co-o p erate s uff icientl y to f i nd out whe t::c1er he could s ee 01· not . He i::oul r efus e
to re ;tcl a n r k in d o f a chart. '.' lhether t h e chart be he ld up
t i,7.::m t y feet from him o r whether it -,,,a s he ld up in fro nt of
his f2.c e, he s a id he coul dn 't see any t h in g , a ltho ugh he wa s
ab le to g et aroun d f a i r l y s a tisf a cto r ily.
1

Q.

Did you ever see hirn a fter that examina. tio n i n 1933?
I 'TI sorry, but I cion 't have my office r ecords v, i th me , and I
d on't kno w whether I did or not . At least , I don' t believe
I made a ny reports on him after tha t ti me .

Q,.

Did you ev er see him when he was no t a t your o ff ice -- that
is, see him c asually?
I bel iev e I h&amp;ve seen him on the s tr ee t, yes .

i.

A.

A.

Hov, , I v1ill ask y ou to state, f r om your examination of the
viO rkmo.n - - ci.id you find any perman ent phy sical disability,
o r did you find any - (Inter1)0sing) I would like to have tha t question put a litt l e differen tly, if possible, so tba t I may an s wer it more
intelligentl.f . Do you mean , d id I fin d any objective signs,
signs that I could see, of physical di sabi li ty?

Q.

Y~s, objective sympto"!ls.
·:,e spe :?..k of objective si gn s as something we can see, a nd
subj ective as som.ethin 6 that the p a tient feels. 1 have
n eve:r b een able to find any o ·bjective signs at all to account for his a lle ged trouble or symptoms.

A.

l'T ov·1 , in your opinion, do you believe that there are subjective sympto:11s or that there is somethine,; wrong with the man
mentall y?
Yes, I have formed a definite 01)inion in that regard throu gh
this period of time in which I had observed him and in readin 6 the reports of the specialists wr10 have examined him,
o.nd I have formed a definite opinion as to what I think his
trouble is.
"I/hat is that opinion?
IJy opinion is that he has a condition known as po st- traumatic

.., , . _ _ _- - - - - - , , . - - - , - - - - , - - - - - - - - - - - - - - - - - - -- - - - - -~--------__,__- - ,,

�4

neuro si s , or psy chosis. I believe the ma n b elieves in h is
o' m mind that these thin gs a re wron g with him . At fir st I
wa s incli ned to believe, like the othe r men , t ha t the man
•:JE. S
n out- an d-out mal in 0 erer, but I am co nvi nc e d now t h at
he i s not . I believe , if you wan t to s o call it, that it is
a illild form o f insanity.
Q, .

A.

I n y our op inion, is this mental con ciiti on due to t h e injurie s which he sustain ed in October , 1~31?
In 1:1y p e rsonal OJ:)inio n, it coul d be possi ble .
lL. . '1'.ALIAFERRO:
I object to the an swer and move that
i t be stricken out.
He asked h i m, i n his opi nio n , di d h e

consi d e r his mBn tal con dit ion no w the result o f the a ccident, and now he says, "In my p ersonal o vinion , I think i t
mi~ht b e possible". That is si mply a gue ss.
S '.J er

THE COURT:
i t .

l1aybe that is a s definitely a s he c a n a n -

TH1TI 'i/IT.NESS : I mi bht qu a lify . that, if the Cour t wishes ,
on this ba sis -- that t h ese c a ses a re compara tively rare , and
much of our o p inion is f o rm ed on t h e _ a st r ecord of si mil a r
c ases t h a t we h a ve read abou t or ha ve see n come up before
other courts of a simi l &lt;-&lt;-r na ture. i.i:y findings are based
princi pally upon t h e interpretation o f the reports of tlle
other special_ists who have examined this man.
MR. T..ALIAFERm: I o bj ect to his basing his opinion
upon rep o r t s of other sp ecialists t hat have ex amined him.
This is not a hypothetical question.
THE COURT:

I think I wil l let the answer stand.

Does this ~e st-traumatic neurosis aisable this man from
p erf ormin g work at a. t,ainful occupation?
As lo ni a s it e xis t s, yes.

A.

Q, .

I v:il L ask y ou to state v1hether or not, in your OJ;)inion,
th e post-traumatic neurosis condition that you found to be
p r es ent in connection with this case, or this particular
v:ork1nan , Vfas il Levkulich, is permanent or merely temporary.
I am unable to answer that definitely, but, to quote again
from the authorities on similar cases, I would sey that
many ti:nes in such cases as this, when any kind of a settlement has been made, either for the patient or against him,
the neurosis will sometimes clear up when the patient's mind
has been satisfied that the case has been settled.
Doctor, are you a member of the Sweetwater County lun a cy
co mmis s ion?
Yes, sir .

•

�5

.A.

Q. •

A.

What -vo uld you say a s to the mentality o f th i s wor kman? Is
it t o rma l , above normal or . below normal ?
J ot kno wing t he man before his present con dit ion, I would
not iJe able to s a y d efinitely, but I woul d p robabl y cla ssify
him as be ing somewhat below no rmal.
From your e xamination of this man, Doc t or, do y ou lcnov defi nitely , or even approximately, when t hi s _post-t raumati c
neuro si s wa s d eveloped or when it be c ame p re sen t in t he man
t
such an extent that he could not pe r f orm work a t a gain ful occupat ion?
I un er s t a nd the man
HR . TALIAFERRO:
Your Ho nor p lease.

I object to i."Ihat h e un de rst a nds , if

A.

You mean, since the injury?

q,.

Since the injury.
It is my op inion tha.t tile tr auma ti c n eurosi s too k p lace i mmediately followin g his injury .

A.

Q.
J,. .

Q·

A.

A.

~~1d was present at t he da te of your l ast exami nation in
September , 19:::i 3?
Ye s , s ir.
Could you sta te fro m your casua l obs ervati on of this man a ft er that time whether- t ha t con di tion sti ll e x iste d at the
time you saw him, and, if so, appro x ima tely what time or
da te tha t was?
'l'he only way I could ansv,er tha t is that the last time I
p erson&amp;lly saw him and examined him, it existed, a nd in
talkin g to ~ embers of his family and others, t~e condition
'/"S a11p a. re n tly the same v.rhen I would inquire about him.

In o t..ri.er words , y ou ke11 t in close touch with this case
sir.ce :Lts inception to the present time, is that correct?
Fairl y close, through asking about his welfare from his
o ther aoctors an d his n ife and one or t wo qf his children
the. t I have s een.
I 1:!ill ask you to state, to ascertain and to realize that
this trauma tic ·neurosis condition exists -- can that be
found upon one examination of a v:o:rkman or does that require
&amp; continuous study of the case?
There are certain cases of traumatic neurosis which are
demon strated by actual physical findings, such as x-ray pictures, and there are some that we are not able to demonstrate
ana yet v,e know they exist.

Q, .
P. .

In w.rLich class would this one be'?
I believe this is a case in which no physical evidence can
be shown in the way of x-rays or tests to support his symptoms.

�6
/ /ct•

. //
_/ ·
,,,,,(.
/,

A.

~

I '·"l
.. • 11 as_
l c you, Lh
• a case 1_1• k e th.1s, rererr1.n
• g t o th'1s
1.,
en, 1n
particul ar· case of this man, Wa si 1 Levkuli ch, could some
docto1~, by examining him only once, determine whether or not
he was sufferi ng from trauma tic neurosis or wo uld it require
an c b serv ~t ion over a period of time?
I believe it would be necess ary to observe any t ype of neurosis or p sychosis to determine whether it was presen t a nd
to vJha t degr ee.
~_;;: J.. GALICICH:

You may cross-examine .

Cros s-Examina tion by iVi r. Taliaferro:
Q, .

Doc t or , when d id you forr-.n an opinion that the workman or
claimi:tn t here iJl.ra S sufferin g from trauma tic neuro sis?
\:'ihen did I form that opin ion?

Q,.

Yes, when d id y ou form that opinion?
I believe I formed tha t opinion a fter the man V'Ja s e xamined
in De!lver.

A.

A.
Q,.

A.
Q, •

A.
Q, .

A.
Q, .

A.
Q.

A.

Hot until afte r he v,as e xam ined in Denver did you form that
opinion?
Yes , sir.
Did you form that opinion, a s you h e.ve stated, from the reports that were received from these specialists in De nver and
Sa lt Lake?
The reiJorts would indicate that the man did not have a traumatic neurosis.
And you formed that opinion after you had read these reports?
Yes, s i r.

So th a t y ou d.idn't for:n your opinion as to the physical and
menta l condition of this claimant from what these other sur6 eon s ha 1e su.id?
I v:as able to separate the v:hea t from the chaff, so to
spea.1{, and from the hi1;hlights of' their findings, these comp lete re.i:&gt;orts, I was ab le to sift down and correlate them,
and. I formed my opinion from that source rather than from
wha t the do ctors' opinions were of the case.
You testified at one time that you arrived at that conclusion as to the condition of this work'1lan from what the s_fleciali sts had s a id about him_, v1ha t they reported?
I did .
You arr ived at it from what they said'?
Yes, s ir.
An a i t was , then, that you read between the lines ana determined that some of the things that they said were chaff and
other things that they said were wheat?
Yes, sir.

•

�?

A.

Anc:i that is the way you have arrived a t your pr e sen t con·clusio n?
Not enti re l y.
It is also from taking into consideration my
past dealing s personally wi th the pati ent and my examinations of h i m o n many occasions.

A,

Bv. t you h a ven 't exa.i11ined him since h e returned fro m Denver
a nc.l 3alt Lake, except to see him on the street'?
Acl:or cl i n, · to my records, I don't believe I have examined
him .

Q,.

I say, you h a v en' t exrunined him since ·you sent him t o De n-

A.

ver-?
He h a s been s in ce tha t, yes.

Q, •

He wen t to May o s ' si nc e then.

Q,.

Have you exai-nined him since he went to Mayos'?
Ho, sir.

Q,.

Then v1ha t is the use of bringing in that )K ayo busin e ss?
a skin g d irect questions.
Yes, s ir.
-

A.

A.

q,.

A.
Q, .

I 'm

Now, the fact of the matter is, Docto r, i n Sep t embe r, 1 933 ,
you made a statement, did you , over your own si gnature, ,,ith
Doctor Lauzer and Doctor Sanders , that y ou v, ere un able to
tell that this man wa s suffering fro m any :pbysical or mental
condition, an d recomme nded that he be sent to other specialists?
I don't r em ember my re port without seeing it.

I
I

j.
I

I '11 sho w it to you ( handing paper to v1i tness). See if you
reco gn ize this. See if you recollect it. I hand you a copy
of a let ter, and see if you can identify that as being a
letter t hat y ou wrote.
'Yhe origin a l, of course, is in Denver.
Yes , s i r .
You wr ot e that letter, did you?
Yes, s ir .
i,nu the d ate of it'?

3ep te~ber 11th, 1933.
Q, .

You hav en 't examined this man since t:Cien, have you?
I don 't b elieve I have.

That i::; wha t you have testified to.
I don't recall any.
On Septe~ber 11th, 1~33, you addressed a letter to Doctor
Frankl in G. Ebaugh, 4200 East Ninth Avenue, Denver, Colorado?
Yes, sir .

•

�8

Q.
A,

Now, b efore going further into that letter, I will ask you
if you reco llect joining in with Doctor Lauzer an d Doc tor
San d ers in a letter to llr. R. Y. Gibson on March 22nd, 1333.
Yes, s i r .

~-

In that letter, you st a ted
lli1 . GALICICH:
If the Court IJlease, if they a re ·oi ng
to q ote from the letter, why no t of fer it in ev i dence? The
let ters are the best evi d ence, and we would lik e to see th e
lette rs .
,

nr . T.ALIAFERRO:

I '11 introduce th em , if you wa nt me to,

afte r tney ere identified.
LHL GJ,LICICH:
But you were asking wha t wa s i n it .
weren 1 t identifying it.
Fill . T_r I AFERRO:
2-IR . GALICICH:

You

Do y ou wan t to see it no vt?
We vmuld like to see it.

We c an po ssi-

bly s a ve time.
:i\JIR . T.P-LIAFERRO: I thin k we can s av e time if you will
let me cross-exru~ine hi~ as to his reco llection of the records.

(Whereup on, a pap er yvas marked for id entification as
Employer's Exhibit A) .
1:1R. Ti\I.,IAFJ~RRO: I would like this letter to be admitte d in evidence, if Your Honor please.

:'i ll . GALICICH:
Q,.

No objection.

In this le tte r of Harch 22nd, l';lo3, marked Employer's Exhibit A , the following appears -\'/e e:xami n ed him very carefully and could find no evid ence of any uer.'.Ilanent disability as a result of the
a ccident , unliss his present mental state is the.result
of the injury to the head. This cannot be verified by
x -ray or any other means at our command 11 •
11

' ,n (;. t h.;..t is
sii::,ned by Lauzer, Sanders and 'Nanner. Now, what
otller :n ea.ns, since this workman was examined by these Denver
s ;_.i.r g eons, has been developed by which you could find out
personal ly, yourself, about thi ff: You hadn't examined him,
you stated?
Ho, sir.

':,7hat I am getting at, Doctor, is what you read in the reno rt0 of these surgeons• That was the only other means you
had , i zn ' t that true?

�9

t-1a t is not true, in my sense of t he interp retation of
it , as to what other mea ns I h ad . I rely u 1)on my au thori ti es in med icine, possibly like an a ttorney relies on his
authorit i es in le gal matters -- his bo oks -- and my opinion
has been molded d uring th a t time b y my past o b servation of
this pati ent plus the reports which we have received since .

A,

.ifo,

Q,
A.

P l us t b e rep orts?
Yes, sir .

Q,,

In othe r words, you have chan g e d y our 0 - ,m opinion of the
matter without ~ny foun da tion wha tsoever a s to examinati o n,
e x ce pt the r epo rts of t h ese Denver surgeons?
Ye s, sir.

A.

0

Q, .
A.

And that is the way tha t y o u h a ve changed y our op in ion?
I h ave changed my opinion by a cor relati on of ray p a st exami n a ti ons with the addition of these other repo rts.

Q,.

But those _past examinations were to the effec t, ac co rdin g to
your lette r, t ha t you had no means at your co mmand.
That i s ·why we sent him dovm there.

A.
Q,.
A.

Q. .

A.

That i s wha t you say
Tha t i s r i gh t .

that you had no means?

Tha t was true when you sent this lette r , wasn 't it?
Yes, s ir.

A.

The fact of the matter is, when you co me down to it, that
you h a ve s i mp ly changed your thought si nee y ou examined
t1is man?
Yes , I have.

Q.
u

.Anc. that change has been ma.de without any examination of him

A.

Yes, sir.

A.

.Ana. that change is in violation of the opinion of these
d o ctors , these Denver surgeon ff?
Yes, s i r .

b.

fo v1 , Doctor, you say that you v,rote a letter to Doctor
~:r-;:i.·,1klin G. E'baugh on September 11th, 1333?
Yes, si r.

Q,.

at a ll?

l!lR . TALIAFERRO:

I

think I v1ill put this letter in,

too.
I!IR . GALICICH:

No objection.

(-;,'hereupon, the paper in question was marked for iden tification as Employer's Exhioi t B).

·- -

•

�10

What is y our specialty as a physician and s urg eon, Do ctor?

I specialize in eye, ear, nose and t hr oa t.
is a neurologist?
A neuro lo gis t is a man who deals \' ith the br ai n a nd nervous
syste~, principally.

i.'7ha t

Are you a s~ec i a list in t hat?
lfo, sir.
~-

In this letter marked Employer's Exhi b it B , you sta te --

A,

1 have been a sked by Ivi r. T. S. Tal i a ferro, a ttorney
of the coal companies here, to co ntact a neurolo gist in
Den ver for the 1Jur_pose of a r rang in g an examin a tion f or an
emp lo yee of one of these companies" -and you 6 0 on further and name Doctor Edward Delehanty .
You asked h im to contact a neurolo g ist?
Yes, sir.

c;, .

And then y ou further say - -

A.

you
and
a nu.
you
:W o ,

11

" As regards consul tat io n I ViO Ul d like to subgest that
call in a nother neurolo g ist in rendering your report,
any of the follo ~1 in g men would oe acc ep t ab le" -then you give the name of Doctor Ednar d Del ehan ty. lT ov: ,
testified that you a re not a neu r olo gist?
sir , I am not.

Do you kno 1:v v(bo Doctor Delehanty i 5-?
Yes, sir.
He is a neurolo g ist in Denver.

Is t hat his special line in the profession?
Yes, sir .
Q,.

Do you recogn ize him as being a competent, efficient and
skil lful neuro lo 0 ist?
Yes, sir, he is a very gooo ma n.
You 6 0 t G. re 1iort from him, didn't . you?
Yes , sir .

A.

A.

Did you come to your conclusion or your opinion -- this opinion that has been formed since the re1-1ort was given by Doctor -elehan t y -- from that report, did you come to your conclusion that this man, this workman, wa s suffering from an
i nsane delusion?
If I believ ed his re.l?ort, I would think that the man was
m&amp;.li ngeri ng in :putting on all of tho s e symptoms.
So you d i dn' t come to your present conclusion as to this
m&amp;n' s me n t a. l condition from anything that Do eta r Delehanty,
v1ho is a neurologist, has said?
1To , sir.

�11
Q,.

Their repo :rt to y ou was exactly opposite, wasn ' t it?. It
~as t l~t he - couldn ' t f ind any evi ence of any men tal trouble
t i t h him?
I don ' t rec~ll the gist of his r eport.

Q, .
.A .

Gene n:.lly , uasn' t tha t his repo r t to y ou?
Genere _ly, his conclusions, as I remember t hem, were that
the m.. n ·ms a mal ing·erer and that he had nothin g wron with
hi m .:.;.r: · th&amp;t he was putting on.

Q,.
i-.. .

Eiti1er ~?:. ,::; ntal or pbysi c al?
Ye s, si.r .

Q, .

1

Ther efore , t he conclusion that you made wa s co ntrary to
\'Jhat Doc tor Delehanty informed you?

Yes, sir .
Q,.
A.

So his report didn't enter at a l l into this concl u s i on of
y o 1·_1· £, th.:..., n e1.:; c on cl usio n ..i?
There vJere many things i n his report r:hi ch elirninc.Lted and
cleared UJ;.l :po in ts th.1 t were not l ear· in our minds as to
o the:r men t1:,l an d pby si cE:.l n sp ec ts of the c as e .

f .

Do you ~n o~ Doctor Fre d S . Ha lst ed?
Yes, s ir.

Q.•
L.

·:1na t is his specialty?
I think he do e s e a !' , r..o~e a nd. t hro o..t . I don 't know whethe r
he c; oe:::: eye YJork or not, but I kno v1 he oe s e c'. r, nose a nd
th:ro a t.

Q•
A.

Did you get 2. r eyort fro m him?
I have a copy of his report, yes, sir. I don't kno w whetler
i t was sent to me or- not, bu t I t h ink I have a COJ?Y here.
Yes , I hc..ve
copy of Doctor Hal~ted' s re1-1ort here.

A.

r

Q, .
j:,. ,

Lid you fern this later conclusion of y ou:cs from anything
t hat he s8.i u i n his re;,o rt to you?
lfot &amp;Dy mo.r:e th&amp;.n I dia from Doctor Delehanty's report.

.;;; a. hie report wa s cc tD in s t the finciin g of any mental tro1J.ble
·;;i tr tiJ.i s 1."J o rkm&amp;n , vmsn' t it, a s he reported it to you?
I cc:.r;not u1sy1er th&amp;t v1 ithout re a6 in 6 his reiJort over-. I
cci.inot r·ern.embe1· a ll that he saici. in the reyort.
Tl'~e ~· act o f t he ma.tter i::;, Docto1·, tha.t you dic..n't pay much
&amp;_tt6nt ion to what these doctors in Denver that you h a d refer~ed this man to said, did you?
The f~_ct of the matter is I paid considerable attention to
• .:he.. t they said.
J. .

You F:eren' t guided by them in a ny ':Jay , vrnre you?
Ir; maJ.cine, u diagnosis, I make it by a process of elimi nc..tio n , and by readin~ the reports I was able to elimin~te c ertc.in :ff-actors,, v;hich I apprecic:lted and. valued their relJo:ct s for.

�12

So y o u ha~e co me to this concl u sion, no t f ro m subsequent
e :c:filitia."j.ion o f this .o rkman, but fro m anal zin E; the r eyo rt s
t h&amp;t t he se doctors mad e?
1:Tot entirely . As I st a te d before , it was fr om my co rrelati o n _nd ~y pre vio us fin din g s in t h is case , plus the se r e :f)or t S •
l'To ':,' , on the 11 t h d a y o f
to l' :Sbc:;U€,h - -

Q, .

Se p t embe r , l 'J 3 j , you s t": ted t o Doc-

1 t h2.s be en my op inion fro m the v e r y s t a rt that the
pati ent has malin f ere d, esp ecially a s to loss of vi sio n ,
a nd I 2.lll i n so me dou·bt ~s to his los s of hea ri ng- . Thi s has
a l ~o been the o p i n ion of o the :r men ·who have exruni ned h i r:1 11 •
11

Thc.. t
Ye s , s i r- .

1..

•!i c. s

y ou r· tho ugh t in Sep t ember, l&lt;J3 3, wasr 1 t it•t

1dho is Do c tor Ebaugh.
Doctor Eba.u gh is con s i d e red a ver· r h i 6 h - clas s man i n h i::;
p rofe ssio n a s a neurolo g i st .
In what?
In neurol o QT.
J

J.•.

Th at is, in mental Gisord ers or n e r vo us a isord e rs?
Ye s , sir.

He is considered a very hi &amp;;).'i-class man?
Yes, sir.
And. that is not your specialty?
E o, s ir .

.h. .

-..

.

. n u, t1o t-i.·;ith s tanuing t h e sta tements of Doctor Ebaugh maue
tc y ou, ci. nd the statements that Doctor Delehanty made to
~,r o u , \'i'ho:n yo u :re co m.m eno. as being high-class men in that
li ne ~- you &lt;i o, do y ou not?
I a.o .
( Conti m:.ing) -- you formed, since you saw their repol'ts, a.
d iff e r en t opinion?
Ye::; , £. ir.

J.;na yo u f o1·rned that opinion from their reports &amp;nd not from
a n e xc;..mination of this workman?
I d idn't say that.
But you s a iti you hadn't exrunined him since?
I E:&amp;. ici. ny present opinion is formed from my past frequent
e:.:Lmino.tions of the man, plus these reports.
Q, .
L..

So you had no such past o~inion on Se~tember 11th, 1~ 0 3?
I.!y 01:'inion before that was that the man was malinger·ing,.
I am fra nk in so stating that I thought the man was a malinl,erer.
•

- · - -·

- - --- ----

�13

Therefo1·e , y ou r op i n ion since t ha t ti me, or y o u1· p res ent
o pi nion, is a)J p a r ently formed in t he f ace o f the reyorts of
the se specia li s t s t ha t y ou ~ef e r red t h is man to?
Not ent.:.rely .

/

Q.•
1-\..

Q, .

A.
Q.•
A.

Q,.

A.

Q, .
A.

F:ro n v:ha t, i f y ou haven ' t exam i n e d him?
M:y o_)i nion has be en f orme d by t he stuuy o f

case re.J::l orts a n d
r e 2.ding of a uthor·ities on similar cases , a n o it is my OJ.)i n ion th&amp;t the re is no methoci of e xamina ti o n that can d emon s t r~te pny s ubjective evi d ence o f in j u r y in t his man .

Why d :i. d. you sen u this workma n , a t yo u r r equest maci.e to me - VJI"J,)l d i d y ou send him to Denver to b e examine d by these do c tor s'i
. -" p o ssib l e.
In o 1·der to c l e a r the case up , l.1.
You at that time had no o pinion o f t he mat t e r, and you
wer en I t an e:XfJ ert in that mat te r?
IEy op i nion i'tas tha t the man ·wa s a mal inge r e r.
1.'lhc.. t h as o c curred since t h en t o chan ge tha t opinio n'?
I Yli 11 repeat what ha s occur re d . I make my d i c:i. no sis by a
proce s s of eliminatio n . I h a v e taken into consiae ra tion my
p a st e:x a1nin&amp;.tions of the ma n, a n d my tho u 6 ht s a. nd op inions
a.t that time, and the r e:µ orts that wer e fu r ni shed by the
Sa lt Lake doctors and t h e Denver d octor·s an d t h e :Gayo Clinic, a nd my reading of medical books, b oo k s o f au thoi·i t~ , on
si milar cases, and that h a s molded my present op inion.
That has mcl d eci. your present opinion?
sir.

Yes,

Q,.

Ano. i t has cr..an g ed since Septemoer, l'J33?

A.

Ye s , s i r .

A.

Q, .

Ana you ar e not an expert upon mental and nervous diseases?
. Jo , s i r .

Q, .

Yiill you giv e me the doctor books that you have read, that

A.

you have r ef e rred. to that you have read, upon this matter
of men tc:J. disorder- s, since the 11th day of September, 1~33?
I cton 't su J.)1io se I coula quote al 1 of' them to you.

L.

Q, .

A.
Q, ,

A.

arj ke d you for the names of the books. ·
say , I don't sup:po s e I coulc. q_ uo te all of them, but I h a ve
re:;;.6. \'ie·bster' s Legal I!Iedicine ano Toxicology anc. Warbasse
on Surc e r y.
I
I

Di d they deal especially \': ith traumatic neurosis?
'l'ha t is the subject I v:as interested in.
I dicm't ask you that.
es:i,,ecially.
Ye s , ~.ir .

I asked you, o.id they deal v1ith it

�14
Q,.
A.

You re2.d th em. Don't you know whether t h ey dealt wit h thin
or not-?
They d idn ' t deal with this case, but they aec.:.lt with similar ce.ses.

A.

Did trey deal with thi :.:1 question?
Yes, S il.._ .

Q, .
A.

Tha ~ is t YJ O a u thori ti es?
Yes, sir- .

Q,.

1

:T oen d id y ou read them, Doctor?
Oh, I read them , one of them, within t h e last we ek , be c a u e
I thought -To get r e-dy to testify in this cas e?
I thought I would be called upon t o give a n opin io n .

Q,.

A.
Q,.

Then your op inion from t hes e books h a s been made \'li thin the
last v:eek?
No, si:r:.

Ho w , re~ciini these t wo books has influen ced your op inion in
this c&amp;se, isn't that true?
Ho, sir.
They did enlar.; e my viei;- .,point or· refreshed my
memory, ·oecause I thouk)"1 t I vi ould be c a lled uyon to testify
to 'l;Jha t I thought trauma tic neurosis 1::as .
You say you &amp;re not an expert in tt.at?
Ho, si1·, I eIJ. not.

Q. .
A.

But y ou &amp;.re a specialist in eye, ear, nose and throat'?
Yes, sir.

Q, ,
A.

That i"' what you h av e studied, isn't it, Doctor?
I he.Ve studied ~ eneral mect.ici ne and surger.1. I serve on a
J.un ccy commiss ion, although I am not at all an expert on ins ~ity, and d o not prete nd to be.

Q, .

J,.

Ju dge oi' a court serves on a lunacy commission, doesn't

he?
A.

Yes , sir . :Sut I am not testifying here as an expert in this
c as e as to mental conditions.

Q, .

Th en ·,nhc:..t you have said here is not ca.S an expert?
hb2olu tely no.

h.

;LR . TJJ.,I AFEHHO :

That i s c1.l l , Do c tor .

�/

15

Re d ir ect-ex amination by Tui r. Galicich:
Q,.

A.

Is that yo u r opinion a s a doctor of medicin e?
It
lffi . G..A.LI CI CH:

That i s all.

( Whe:reupon, the witness

-o -

ms ex c u se d) .

�/
/

16

E. S. LAUZER
a witness called herein on b eh a lf of the claimant, being
firs t duly sworn according to law, on his o a th testified
as fo llov1s :
Direct- ex~min a tion by Hr. Gali ci ch:

Q,

State yo ui name , please.

A.

E . S . Lau zer.

Q, .

Yihe e co y ou reside?
Ro ck Springs.

A.

Vlha t is your 1-Jrof ession?
Physici an and surgeon.
HovJ lon g hc.rve you been a physician a nd surgeon?
Si nee 1 ~05 .

A.

At v'.'1'1a t -p l&amp;ce?
Ro ck Spri ngs .

G,.
A.

Were you in Wyoming n ll of that time?
All of that time.

Q, •
A,

You are a graduate of what school?
University of :Nebraslrn .

Q,.
A.

Do you know the injured workman, \Va sil Levkulich?
I do.

Q. .

Were you ever Co.lled upon to treat hi m in your professional
c 2:i;iaci ty?
Yes, sir .

Q, .

A.

0.
J

I v illas~ you to st a te whether or not you were called upon
to tr eat him in your r)rofessional ca.paci ty during the month

J. •

of Octo ber· , 1931.
Yes, sir .

Q, .
A,

On uh&amp;. t Cla te'?
Oct obe r 16th.
:Ihere di cl you first see the vvo rkman?
s::-x, him first at the hospital. Doctor Sanders went first
to the mine and picked him uy and brought him to the hospitc.l.

1

I

You er:,,y he v1as injured in the mine?
Yes, sir, the Lion coal mine.
Did you see him the same day that he was injured?
Yes, sir, I saw him after he entered the hosyita.l.

�l?

/

A.

Q. .

A.

Q.

St a te to the Court vvh a t you found in your ex amin a tion o f t h e
\'torkm2.n ,
At that t i me I fou nd he had a sli gh t l a c e rati o n on t h e r i gh t
sid e of the h ead , some wha t ov e r the r i gh t t emp le , an he wa s
bleed ing a little fro m the ri ght ear . He wa s in a s l i g ht
stup o r a na a s t at e of shock a t the ti me.
Was he con scious or unco n scious when y ou saw him?
He was s emi -conscious.

.A .

Ho w l o n g o i ~ he stay in tha t semi-co ns cious c on di t i on?
Aoo u t t y:o d ay s.

A.

Was h e y our p atient?
He wr s tr e at e d by me, ye s , sir.

A.

And y 1.'.r hom else?
Docto r San d e rs.

Q, .
A.

Doctor- Sand e r s is your a s sociate?
Yes, s ir .

Q,.

Ho w long did you tre e.t this man ?
I treate d him right alon g . I h ave tre a t e d him until the
pres en t ti me.
When did you last examine him?
The day before yesterda~ he wa s at the office.
Q, .

A.

A.

Did Hr. Levkulich suffer any disability, any physical or
objective disability, as a result of that accident, and for
how long?
He v1a s - - you mean ho w long has he been di sabled?
Ye s , h o r; lon g m s he di sabled, that you could show and see
h is d i s5..bi li ty?
He left th e hospit al on the 24th day of October of the same
ye a r , l ;J~ l, b u t a.t that ti me I didn't figure he was ab'ie to
,_,1o rk, and it has been going on up to the present. We 'never
hav e b e e n a ble to decio.e -- that is, at least, I haven't
\·;l l 8 t er h e ha.s any physical d.i sabi li ty now or not.
I n y our examination of the workman the day before yesterday,
a. id y ou find any di sa.bili ty v,batever, either physical or
men t&amp;l?
Th e only thin 5 I could decici.e anywhere near was that he had
s ome kind of a mental depression, but what it was, I could
no t sey, but as far as any physical defects, I couldn't find
any .
'Uh.en dici you first discover this mental disability?
Oh, it was sometime after he went home, but I don't know ho w
long afterwards.

�/
Q.

A.

18

Do you huve a ny idea as to the a pproximate time?
No . I . t h i nk - - that is, h e wasn't entirely -- well , I just
could n't say , but sometime after he went home, bec a use he
v;a s sort of depressed while he was at the hosp i tal, a nd
then we thought we would let him g o home a n d it would p rob ably c le ar up a little better, but i t apparently di6n' t and
it is still there .

A,

\'lould you say this mental condition is the r esu lt of the
inj ury thu t h e sustained in October, 1931?
l\To , I woul dn 't, because I can't prove it.
I don ' t k now .

Q, .
A.

My 01,i n ion is that :t have a lways f elt th a t

Q,.

What i s yo ur opinion in the matter?

there must be
some con n ection between his mental condition no • a 1d the ac cid ent, but I never coul d , p oint out a nythi n g that I co u ld
ab solutely stand ~n by any method of examin~tion.

Q.•
A,

Do you mean p hysically?
Physic ally or any othe r way .

A.

·:mat is the extent of this man's dep ression or mental disability? Does it incapacit a te him pa r t i a lly or totally?
It apparently is total. At lea st, he feels that way .
Would you say that h is mental con dition is y errna nen t or
merely terqJorary'?
I don't know. It has been g oing on so lon g , I don't know
whether it is permanent or wh ether i t is something that
still may be cleared up.

.n.

Do you knoY✓ how he sust a ined his injury?
A timber hit him on the head.

Q, .
A.

Ye::.

Q,.
r

The e:xcilllin&amp;.tion sbowed th&amp;.t he was struck by a heavy object?
n -L

"-ALICICH:

You may cross-examine.

Cross-ex c.mination by Ur. Ts.liaferro:
Doctor, all you kno w a~out any mental aisorder that he has
is v.' !,£.: t he say s himself?
Thb.t is a ll.
That is all, but we can't prove it.
And you don't know v1hether what he .s ays if feigned or fraudu l ent or whe ther it is true?
Tio, I don ' t. I don't know .
Q, .
1-..

Q, .

.And y our conclusion was entirely drawn from v;ha. t he tells
you?
Yes, sir.
Are you a n exgert, Doctor? Is that your specialty -- in
mental and nervous diseases?

I

I

I

/.

�/

19
A.

No, sir .

Q_ .

You con curl' e d v:i th Do c t or 1.7, n n e 1~ that thi s man shoul d be
s ent to sp e ciali s ts on nervou s d iseas e s?
Ye s, s i r , b ec au se we felt we wer e n ot ab l e t o mak e a
n euro lo g i cal e xwn i na.tion.

J... .

q.
A.
Q. •

A.

Yo u c oul -n 1 t f in 6. any e vi denc e o f men t al ci i se ase ex c e p t wha t
h e to l ei ·,rou?
T: _&amp;. t i s a l l .
Do ~o u 1-::n o\v Do cto r Edwo.rd Delehanty?
Yes, ~,i:r.· .

Q, .

';Jhat i ~ h i s r eputa tion a s a men t a l s ur g eo n a nd .i: hy s i ci a n?
Ee is o n e o f t he h i €,;hes t cl a s s men in th&amp;t li n~ in thi s
·west e:r-r. country .

Q, .

A.

,:Joul d h is o p inion h a ve inf l ue n c e wi t h y ou as a ph y s i ci a n
and sur Geon o n a me nt e l ma tter?
Ye s , si r , it ~ ould . I n o u l d s a J it would .

o.
1.

No , I

Do you kno w Do ctor Halste d?
don' t. I h a ve he a r d of h i m, but I d on' t kno ~ h i ~ .
Do you k n ow o f h is revut a tion?
I hava heard o f h i m by reput ~ ti o n , y e s .
'(Iha t i s i t ?
He i s a n o s e and t hr oa t sp eci a li st , as I r ec a ll it.

Q, .

A.

':That is h i s r ep u t&amp;ti on in t ha t f i e l d?
It is gooci. .

q.

Yo u don 't k now h i m personall y?

A.

ITo, I don't .

., .

3ut -o u ao lrno v, Do cto r De leha nty ?
Ye ::; , si i.' .

i '&gt; .

:.&gt;

Do y o u k no w Doctor F . B . S te~henson?

A.

1:o , ! don I t .

(:, .

Do y o u k n o vi c:.n y t hing about hi s rep ut a tion?
I Cc.' ,' t s&amp;y t ha. t I do .

J_ .

Do y ou k no 1 Doctor Ebaugh?
I do n 't k no VJ him person ally, bu t I kno·w him by rep u ta tio n ,
r_nd I ha. Ve had corresJ_Jon d ence with hi m.
Q, .

\/11.:;, t is b is s _p eci al ty?

J• .

He i ~ a neurologist and psychiatrist.

.J: .•

Th at is , men tal a nd nervous d i s or d er s?
Ye :::, s i r .

�/

20

A,

':'.lh&amp;..t is h i s reputat i o n?
Very high- class.

Q, .

.'fo a l .. . ·o u oe in f lue nc ed i n fo rmi11g a n op inio n by wha t he

.A .

Yes , I

q, .
f~ o

I n E. m en te.l
Y ~ ~, s i 1~.

' u.

Do you kn ow Do ctor Kerby of SE: 1 t L a l e City?

i,

t. .

'Jh t i s hi;:; s llecialty?
x - :ray .

Q, ,
A.

:.'hat i::, his re1Juta tio n ?
Ye s , ~ir, firs t-cl as s.

1·
J,. .

In t he exami na t ion o f g_ n x-r ay , 11 oul d you be gui ded i n any
way b y his sta tement~
Yes , I 'i!OU l d be incli ne d t o a. cce1. t hi s d i a 0 no sis .

Q•
, ~.

Yes .

Q·

'!OUld .
c a s e'?

I s he skill ful in that?

Do you k no w Do c t o r Etiuin Tianson Nehe r?

A.

'.!hat is h i s s:g e c i a l ty ?
.].y e, e : c r , nos e and tl1ro a. t .

Q.

Do yo u kno w h i m pe rson a lly?

A.

Yes .

q, .

'.'i11 c1. t

C~.

A.

q.

is his s t (:).n u i n 6 a s a s:p ecialist in th a t regard?
E~ e;h-class .

wha t h e said?

"· ·

\'lould yo u be g ui ded. a 6 o o d ae al
Yc=E, I ,:;o u ld, i n t r.1£i t lin e·.

Q,
.A.

I 8eQn, in that s p ec ial b Tanch of me dicine and surgery?
Yes , I v:01.,;,ld .

by

Do J o u kno w Docto r Fo ster J. Curtis?
Yes .
Of ::]E. l t Lak e Ci t'J ?
Yes .
C.

A.

-.Ih ctt :i.. s hi s speci e. l ty?
He i~ a n eurolo g ist.

t.:~.

"

~ental a n d nervous diseases?

A.

Ye3 .

Do y o u kno w him p ersonally?
J,. ,

Yes , ~:d r.

)
I

�21
,l'hc,..t is his reput2.tion a s a s_peciali st in me nt a l a nd nervou s
d i s eac::es?
Very h i 6 h -cl ass .
1

'v .

;

Yf11at i;ould you t hi nk of a r e_po rt m de by h i m?
i 1f : !. uenced by it?
A.
i1 ,

Yea , I

,·rnul d .

1

V/ould

ou be

I vrn ulti g, ive it dee2 consiae ration , a t l east .

Yo u think t~-ie y a. re -~i o rthy of con s id eratio ?
:...:ir .

Y ~.

Tha t ' s all .
Redir ect- examination by Mr . Ga l i cich:

A.

i. .

~A.

ii. .

Go ing back to the worknan, ',Va sil Levkulich, Doctor , ·n your
opinio , Vi OUld y ou s ay thi s man is a ma lii1gerer or t i1at h e
is actu&amp;l ly suffer in g fro m a men ' a l d isorde~
I never fe lt, a s I state d before, th~ t he was a mal ingerer ,
en tirel· · . There were s r.ie t h i nt;s th;;__ t h e exagg er&amp;..te d - no que st ion abo ut it -- bu t hov1 .!11l,ch , I cou ldn't aec ide.
You woul dn' t say he is tot a lly m~ling ering?
Ho, I ·:,o Llldn' t.
Do you feel there is
mali n e-;ering?
:!es, I do .

ment a l

u i sabili t y in • ddi tion to

Goulci y ou esti mat e that, or in any V! o.Y give the Cow:·t some
iae a as to h ov; much y ou t hink is put on a nd ho v.1 mu ch is a ct ,&amp;..lly e.. m0n t al state?
I rwuld·1 1 t eveu a tt e1"1:pt to, because it c an' t be done. \ ✓ e
c~n't ~eos~re it .
tha t is t h e rea s on we sent him t~e l a st
ti:ne to the ~.:i..::iyo Clinic, a nd they coulcrn' t do it.
h ere~:

TH.i!.'. com T:

Is th&amp; t Hayo Cli ni. u report _in the file

~-11 . 'l'ALi i.JTiRHO:
:I'To, sir, I don't think so, but I
':Jo u ::!..cL, 't object to i t bein1:, pu t in.

HR . G.ALICICH:
._,_1;;

Yes, that is agreeable Vvith us.

( '.'l he:ceup on, t wo papers v,ere mc:.rked for icientification
11,rtryl oy er' s Exhi.oi t C &amp;nd Employer ' s Report D) .

J1xc~?!'L!. i1 a ti on by the Court_;_

Cl ,
r,.

'.'Trn::a.t is your interpretation of that report, Doctor?
'.:.'he;. t t her e is sol'!le rel a.ti on shi,l) - - they feel the same &amp;s V'le
hc..ve e:x.vressed here -- that there is some relationshi p bet ween the injury and his mental attitude, but wha t it i s,
v✓ e c an't substc:i.ntiate, and there is no way of proving it .

�/

22
.hec r oss - exam inc. tion by U r. Tal i a ferr o:

8.

J.'J. .

q, .

Call ing y our at t en tio n t o th e l a st p a r ag r aph he re - - 11 The
presu'1n tio n is tha t in jury i nduces stru c tur al c.; han ges o f a
suff ic i e nt d e g r ee to a l t e r ou r s ubjec ti ve processes"
th~:, s i mp l y me an s t ha t t he r e i s a presumyti on?
Ye s .

A,

(Conti ui n g reading ) -- "bu t we are no t in a pos i tion to
fi n - phy sical s i g ns to co r res1Jon d Vii th t hem11 •
E..x act y, · nd t hct t wa s ou r t ho u gh t -- we co u l dn ' t find i t .

,J., .
A,

Y.1 as tha t y o ur t h ought?
Ye s , s i :r .
:'.'.l . T.i'.iLI.AFERRO:
conce r n ed .

Tha t i s a l l, Do e t a r , so f a r a s I am

Exc::mi nec t io n by t h e Court :
Q, .

Do cto r , a r e y ou a c qua i nt ed viit h t h e se t rauma t ic n eu r o s i s
ca s es? Do y ou us ual l y f i nd p h ysic al sym- to ms to explain
the men t - 1 co nd i t i o n o r no t?
Th i s trauma t ic neuro si s iz a co mp a r · t ively r e c en t di se as e ,
a n u i t is r a t h er in d ef i ni te . Tha t is, you may h a ve a n i nj ury t o a le g , a nd y ou h a v e a pe cu li a r l o t o f sym}.J to ms
t here and you c a n' t a ccount f or th em in any o ther way , bu t
b e c faus e you have an inj u r y it wo u l a. b e .9rob a bl y cla ss e d a s
a tra--..una t ic n eu_rosis. I n t h is c a se , the injury is to the
h e ad, and t h ese pe culi a r c ondition s hav e co me on. I knew
thi s man b efore, and, of course, h e v1as a little belo w
norma l int elli g ence t h en , b u t si n ce then this h a s bee n a g gr a ·vat e d , bu t ·Hhethe r it i s the a cci d en t or something e lse ,
v, e do n · t kn o w.
You .&lt;c t one time t houg..ri t h e wa s a maling erer, didn · t you?
Not en t ir el y , n o. I k new some of it was, but I never though t
h e \'JaS ent i r el y a maling erer all the time.

J.-_ .

You sti ll t h ink tha t pa rt of it wa s ma lingering~
Yes , s ir, I thinlt par t o f it.

l,. .

You t h i nk he is putti ng it on?
::o me o f i t , yes .

Q, .

Bu t y o u don' t kno w ho v1 much'?
lfo, s ir. We can't differentiate.
THE COURT:

That's all.

Re cross-examin a tion by Mr. Tali a ferro:
Docto r , in Doctor Deleho.nty' s cross-examin a tion in thi t'.;i
c &amp;. se , on Interroga tory No. 4, ·nhich is as follo ws:

�23
11

St at e ~nd explain what is me a nt ·b y tr auma tic neu rosi s
and, in a nswer to tha t, Doctor De lehanty says t h is
11
'Tr a umatic neurosis' is a term a :t:)pli ed. t o a tra in of
mental or nervous symptoms which develop fol owi n g a n a ccident ~md which a re c aused by othe r in_f luenc es t han tra una".
Yes, that is true.
11

A.
Q,,

A.
Q,,

It may b e caused by other things except the blo1i1
Yes, it may be c aus e d by other thin g s.
Arthu r Le e s ugg ests this q uestion, Doctor -- May not ne urosis d evelo p from a malingerin g and apart from any a ccident'?

J.:...

'rha t i s po ssi bl e, yes.

Q;.
A.

In other v:or d s, a person can think of h i mself h avin g a di sease a nd bel i eve he h as a disease when t here is no ai sease?
Yes, t.aa.t is po s ;S i b l e.

Q,.
A.

You he ard Doctor Wanner's testi mony?
Yes, ~ir, I did.

Q,.
A.

You li stened to i t?
Yes, I o.id.

Q,.

And he said. in his testi mony that a p erson who is a ma.lingerer and v1ho has thought about his condition ~nd who has
m.c::de l1imself nervous in such a way as to af fect his mind
may cle a r up when it is definitely determined that he is to
get compensati on or that it is definitely asserted that he ·
is not to 1:, et compensation. Did you catch that?
Yes.

A.

o,.

In other words, either one way or the other, the matter
mi ght clea:r up?

A.

Yes.

Q,.

"hat :;o uld be the man's ovrn thought, vTOuldn' t it, 1·ather
tha n fror!l the trauma?
Ye s , i t appears that way.

A.

r.1R.

'l'ALI .A.FE11RO:

That ' s all .

r: eairect-examination by 1'1 r. Galicich:

G.
u

A.

in this pa.1.·ticular case, Doctor, you are well acquainted with the matter as it proceeded in the courts, are you
not? 'rhat is, you remember when the case was originally set
f or hearing in 1933?
Yes.
Yo':1 1

An d then the man was sent to the doctors in Denver?
Yes.

•

�24

A,

And a fter the reports c am e back, the matter wa s dro pped , so
far as the man 's claim was con cerned?
Yes, sir .
And after the cas e was dropped , did you notice a ny change in

A.
Q,,
A.

Q..

A.

q, .
A.
Q, .

A.

this man's condition?
No, I d idn 1 t .
In othe r ,,o r ds , there was no change in his con diti on a ft e r
the c a se w~ s dropp ed?
No, i t d i d n't seem to mak e any differe n ce e ithe r o n e way or
the other.
Docto:r, going back to the questio n ·that Arthur Lee
suggeste d , you said that a ro'an could suffer from tr aumat ic
neurosis eve11 though there wa s no injury?
No, I did.n 9 t s a y 11 traumatic neurosis ". It wou l d be just a
neurosis.

]fo,;1,

Thc'tt is a different ty.!.Je of neur o sis?
Y~s, that is a little different type .
That is c2.lled wha t?
Psy cho-neurosis.
MR . GALI CI CH:

'.rha t ' s all .

( 1:Jhereupon, the witness wa s excused) .

-o-

•

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'

/ ,.,.,

/

Americ4n Association for labor Legislation/ 6 ..&gt;~,,_.
GENERAL OFFICERS

Pue., ucmi
~,

Pre1idc11J, JOSEPH P. CHAMBERLAIN
Vice Presidents:

N

J. DOUGLAS BROWN

JOHN R. COMMONS
LILLIAN D. WALD
SAM A. LEWISOHN
THOMAS KENNEDY
EI\NBST G. DRAPER THOMAS I. PARKINSON
WESLEY C. l&gt;UTCHELL
JOHN A. RYAN
JOHN G. WIN.ANT
Secretary, JOHN B. ANDREWS

T reawrer, EUSTACE SELIGMAN
Associate Secretary, IRENE OSGOOD ANDREWS
Research Auistant, GEORGE H. TRAFTON

WALTER GELLHORN

r the
GENERAL \vELFARE

American Labor Legislation Review

and the
President, Treasurer, and Secretary
Telephone, GRamercy 5-2589-2590

Daa.r Member:
You will be glad to kno~ our 32nd Annual Meeting at
Detroit ~as one of the most successful in years. Interest 9
~ith attendance of 1500, was exce~tional . It has given ou~
uork a new impetus for the important year ahead.

Michael M. Davis{ Ill.
Paul A. Dodd, Ca .
Mnry E. Dreier, N, Y.

Our Mid-year Meeting is set for Buffalo, June 18~24 0
uith the big National Com rence of Social Wi:rrk .
l=i,

Our quarterly Review - now in press - uill cont ain
notable features not elsewhere available.
The President 0 s message t o Congress on t he national
health program finally opens t he way fo r renewed action on that
part of our leaislative program.
•
With mor e t han 40 legis l a tur es in s ession 9 we als o
need your cooperation now on a wide range of pr oblems:
Mine safety - Silicosis res earch - Labor law
enforcement - Workmen's compensation Unemployment compensation amendments - Health
i nsurance - Occupational dis ease compensation
These involve voluminous correspondence, preparation of memor anda, legislative drafting, public hearings .

~-t~f"p~~•

Jd• M. Tarbell, N. Y.
F. W. Taussig, Mass.
G. W. Thompson, N. Y.
M:irr van K!eeck, N. Y.
T. A. Wilson, N. C.
}tobert J. Watt, D. C.
Jldwin ll. Witte, Wis.
Verne A. Zimmer, D . C.
and the officers

JAMES MARSHALL
SPENCER l&gt;ULLER, JR.
ORDWAY TEAD

January 28P 1939

Mrs. Geori;c Backer, N. Y.
Elizabeth Brandeis, Wis.
Robert Bruen,, D. C.
Cho.des C. Burlingham, N. Y.
Charlotte Carr, Ill.
Willinm L. Chenery. N . Y.
Irene Syh•cster Chubb, Mo.
Elizoheth A. Cooley, Fla.

Belle Sherwin, D. C.
Mrs. M•ry Simkhovitch, N. Y.
Edwin S. Smith, D. C.
George Soule, N. Y.

CARTER GOODRICH
GEORGE M. HARRISON

PAUL J. KE RN
CLARENCE A. KULP

131 East 23rd Street, New York City

GENERAL ADVISORY
COUNCIL
Grnce Abbott. Ill.
Arthur J. Altmeyer, D . C.

Mrs. Lucius Enstman, N. Y.
Homer Folks N. Y .
Richard Fondiller, N . Y.
Wnlter Frank, N. Y.
Lloyd K. Garrison, Wis.
Mary Barnett Gilson, Ill.
Jose!'hine Goldmark, N. Y.
l'ranl.: P. Graham, N. C.
William Haber, Mich.
Helen Hall, N. Y.
Alice Hamilton, Conn.
Walton H. Hamilton, Conn.
J. ]. Hnndley, Wis.
Frank E. Hering, Ind.
Sidney Hillman, N. Y.
William Hodson, N. Y.
Harry L. Hopkins, D. C.
John A. Kingsbury, N. Y.
Mrs. Florence Lamont, N. J.
John A. Lopp, lll.
Murri1' W. I.otimer, D. C.
~~•~is
N. Y.
John L. lewis, D. C.
Samuel McC. Lindsay, N. Y.
David A. McCabe, N . J .
James L. McDevitr, Pa.
le,fur Magnusson, D. C.
Otto T. Mallery, Pa.
Frieda S. Miller! N. Y.
H. A. Millis, II .
Mrs. Douglas Moffat, N. Y.
Tom Moore, Canada
Vincent J. Murphy, N. J.
John O'Grady, D. C.
Frances Perkins, D . C.
John A. Phillips, Pa.
Mrs. Willard Pope, .Mich.
Roscoe Pound, Mass.
Paul Raushenbush, Wis.
Donald Richberg, D. C.
William Gorham Rice, Wis.
Josephine Roche, Col.
Norman .McL. Rogers, Canada
W. A. Rooksbery, /uK.
Bem:ird J. Rothwell, Mnss.

EXEdi.;;~ _ ...MARY ANDERSON

{

I

The enclos ed now print is the 17t h edition of our
Workmen's Compensation Standards pamphlet. It notes progress.
We need other new material to meet requests f rom legislators
and administrative officialsp as ~ell as from private organizations and members.
We uish to thank all who have already sent contr ibutions for 1939, and to urge those \'lho have not yet responded to
our .January memorandum to send as generous a check as possible .
now. It will save us added expenses and enaoura~e us great£\y~. ~ .
,.,.
'l, 9
rtr· 2 -·
Faithfully you~8 0

Organized in 1906-Eodorsed by National Information Bureau, Incorpornted

�Standards for W o:rlkmenj s
Compensation laws

AMERICAN ASSOCIATION FOR
LABOR LEGISLATION
I 3 I East 23rd Street, New York City

�ANNOUNCEMENT
.

Worlonen's Compensation

C

.

,

omm1ttee

American Association for Labor Legislatio n

}OSEPI-I P. C HAM BERLAIN

P rofessor of Public Law, Columbia University.
R ICHARD Fo N DILLER

Consulting Actuary, New York City.
LEON ARD \ V. HATCH

Forme r Membe r, New York State Industrial Board.
A DRIA N V .

s. LAMBERT

Chai rman, Committee on 1Iedical-Compe nsati on Problems.

D. B. ROBERTSON
President, Brotherhood of Locomotive Firemen an d
Engi nemen.
VER N E A. Z IM MER

Director, Division of Standards, U. S. Department of
Labor.
?- L\ RSFI ALL DA W~ON

Compensation E xpert, U. S. Bureau of Labor Statistics.
GERA LD H. B RO W N

Assistant Deput y Minister of Labor, Canada.
B ERNARD ] . R OTH WELL

President, Bay State ::..rilling Company, and fo rmerly
President, Boston Chamber of Commerce.

T. A. \ V JLSOX
;\{ember, North Carolina Industrial Commission, and
formerly President, N. C. Federation of Labor.
}OHN B . A NDREW S

Secretary, American Association for Labor Legislation. Author, "Labor Laws in Action."

The seventeenth edition of this pamphlet
once more records substantial gains in t he
field of workmen's compensation. Notable
progress has been made in extending laws
to protect more workers, in reducing waiting periods, in raising the weekly maximum
limits of compensation, and in liberalizing
the allowance for medical care.
From the very beginning of workmen's
compensation legislation in America, the
Association for Labor Legislation took an
active part. It analyzed and published upto-date reviews of legislation. It assisted in
the creation of official commissions and
helped to bring them together in national
meetings. It organized the first American
conferences on Occupational Diseases and
on Social Insurance. It assisted with information, urged well-tested improvements,
and pointed out obvious short-comings in
projected bills.
Since April, 1911, when the first general
state compensation law to go into effect and
stay in effect was enacted, the movement has
spread from state to state, and the federal
government now protects its million civilian employees by a model measure drafted
by this Association and embodying substantially the standards here set forth, as does
also the Longshoremen's Act and the District of Columbia law prepared under its
auspices.
In extending the legislation to the two remaining states and to interstate commerce
employees, and in perfecting the laws which
already exist, it is hoped that these standards may help to point the way toward
that desirable uniformity in legislation
which shall deal liberally with the injured
workman and his dependents, fairly with
the employer, and justly with the state.
JoHN B. ANDREWS, Secretary,

American Association for Labor Legislation.

�STAND ARDS FOR WORKMEN'S
COMPENSATION LAWS
Recommended by the

AMERICAN ASSOCIATION FOR LABOR
LEGISLATION

In the opinion of the American Association- for Labor Legislation the following
features are essential to satisfactory workmen's compensation laws:

"BY ITS WORKMEN'S
YOU

CAN

JUDGE THE

COMPENSATION LAW
SOCIAL STATUS ·oF A

STATE."

,·
i

I. Scale of Compensation. Assuming machinery to insure the prompt payment of
the compensation required by law, the
scale of payments is the most important
feature of the sy°stem. The strongest argument for compensation to all injured workmen or to their dependents is that shortened
lives and maimed limbs due to industrial
injuries are just as much expenses of production, which should be met by those conducting industry for their own profit, as are
used-up raw materials or worn-out tools and
machinery. The whole expense of losses to
capital is necessarily borne by the employer.
The whole expense of the personal losses
due to injuries is the loss in wages sustained and the expenses for medical care
during incapacity. The only logical reason
for not imposing, through the employers,
this entire expense ~n every industry that
occasions it, is that injured workers must
not be deprived of a motive for returning
to work and to independent self-support as
soon as they are able to do so. The compensation act, therefore, should provide for
the expense of all necessary medical •attendance and for the payment of such a proportion of wages to the victim of the •injury
during his incapacity, or to his dependents if he be killed, as will provide for the
resulting needs and yet not encourage malingering. The following scale is believed
to conform to these requirements and to be
the lowest that should be inserted in any
compensation law.
1. Medical Attendance. Aside from humanitarian considerations the employer
should, in the interest of economy and
efficiency, be required to furnish all

s
·. ,

. ., ,. •,

�necessary medical, surgical and hospital
services and supplies as determined,by
the Accident Board.
All of the acts provide for medical attend~ce. A~ necl:ssary medical care is provided
with neither time nor amount limits in California, Connecticut, Idaho, Illinois, Minnesota,
Nebraska, New York, North Dakota, Washington, and Wisconsin; also Hawaii, the Philippines, Puerto Rico, and in the three federal laws
-for longshoremen, Government employees
and the ~istrict of Col1;1t11bia. Tii:ne limits, ·only:
are fixed m Alaska, Anzona, Indiana, Michigan,
N~vada, New Hampshire, Texas, Virginia and
with authorization for unlimited extensio~s by
the Board in Massachusetts, North Carolina,
Oklahoma, and South Carolina. Amount limits
only, are fixed in Florida, Iowa Louisiana'
M.~l~nd, New_ Mexico, Rhode !;land, West
Virginia, Wyoming, and with authorization for
un~ted increases by the Board .i~ New Jersey,
Ohio, Oregon, and Utah. Additional medical
care withou~ fixed limit may be ordered by the
Board also. m Delaware, Maine, Missouri, and
Pennsylvania.

2. Waiting Period. No compensation
should be paid for a definite period-to
be not less than three nor more than
~even days-at the beginning of disability. If, however, disability continues for
14 days, compensation should be paid
from date of injury.
In Alaska, Arizona, California, Connecticut,
D~la~are, !c4'lorida, Georgia, Hawaii, Idaho,
I~ois, Indiana, Kansas, Kentucky, Louisiana,
M:une, MaryJand, . Massachusetts, Michigan,
Minnesota, M1ssoun, Montana (if dependents)
Nebraska, Nevada, New Hampshire New Jer~
sey, New Mexico, _New York, North Carolina,
North J?:i,!i:~ta, Ohio, Oklahoma, Pennsylvania,
the Philippines, Puerto Rico, Rhode Island
South C":1"0¥1:a, Tenne~see, Texas, Utah, Ver~
mont, Vi.rgmia, Washington, West Virginia
Wisconsin, and Wyoming, and under the thre~
federal laws, the waiting period is as here
recommended. In Oregon and South Dakota
there is no waiting period.

3. Compensation for Total Disability.
The disabled workman should receive
during disability not less than 66fr per
cent of wages; compensation not to be
more than $25 or less than $10 a week. If
he is a minor, he should, after reaching
twenty-one, receive 66! per cent of the
wages of able-bodied men in the occupation group to which he belonged.
All of the acts except those of Alaska (permanent), ~regon (perz:n.anent), WashinKton,
and Wyoming base disability compensation on a
4:

percentage of wages, rather than on a flat rate
regardless of the wages.
The percentage of wages here recommended
is the same as in Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana
(sliding scale), Nebraska, New Jersey, New
York, North Dakota, Ohio, Oklahoma, Oregon
(temporary only, and sliding scale), West Virginia, and in the three federal laws. Alabama
(sliding scale), Alaska, Arizona, California,
Idaho (sliding scale), Illinois (sliding scale),
Kentucky, Louisiana, and Pennsylvania provide
65 per cent. Florida (sliding scale), Hawaii,
Iowa, Kansas, Nevada, New Mexico, North
Carolina, the Philippines, South Carolina, Texas,
and Utah provide 60 per cent; while Indiana
South Dakota, and Virginia provide 55 per cent'.
Wisconsin provides 70 per cent.
In Arizona, California, Colorado, Idaho, Illinois, Massachusetts, Missouri, Nebraska, Nevada, New York, Ohio, Oregon, Pennsylvania,
Utah, Washington, West Virginia, Wisconsin
and under the federal law for Government employees, _compensation for total disability is payable dunng the continuance of the disability.

4. Compensation for Partial Disability.
The workman who is only partially disabled should receive a percentage of his
wages proportioned to the degree of
disability, and subject to readjustment
only on account of changes in extent of
disability; compensation not to exceed
$25 a week, with provision for minors
similar to that in the case of total disability. Awards for permanent partial disability should be in addition to total disability compensation paid during the healing period.
In case of a second injury Hawaii, Idaho,
Illinois, Minnesota, New Jersey, New York,
Nor:;th Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, Utah, Wisconsin, and the
federal laws for longshoremen and for private
employees in the District of Columbia, pay out
of a special fund any compensation in excess
of that for which the second injury by itself
would make the employer liable. Massachusetts
a~d West Virginia have adopted the same princ_iple through somewhat less adequate legislation.

5. Compensation for Death.
(1) Funeral Expenses. The employer should be required to pay a sum
not exceeding $200 for funeral expenses, in addition to any other compensation.
All the laws except those of Alaska, Illinois, Maine, Maryland (in case decedent's
5

�estate is large enough to pay such expense),
Massachusetts, New Hampshire, Oklah2JI1a
(which cannot constitutionally compef.'sate
for death), Puerto Rico, South Dakota and
Texas provide funeral expenses in all cases
of death whether or not there are dependents. The maximum limit is $200 or more in
Connecticut, Idaho, Maine, Michigan, New
Hampshire, New York, North Carolina,
North Dakota, Ohio, Pennsylvania, Rhode
Island, South Carolina, Texas, Wisconsin,
Wyoming, and under the three federal laws,
while Alaska, Arizona, California, Florida,
Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Massachusetts, Minnesota, Missouri, Montana, Nebraska, Nevada, New
Jersey, New Mexico, South Dakota, Utah,
Virginia, Washington, and West Virginia
allow $150 or more.

marries, or reaches the age of eighteen
unless the child at 18 is physically or
mentally incapable of self-support.

(2) Compensation for Widow. If
living with the decedent at the time
of his death, or if dependent, the widow
should be granted at least 35 per cent
of his wages until her death or remarriage, with a lump sum on remarriage
equal to at least two years' compensation.
The method of compensation for cases
of death recommended in this and succeeding paragraphs is substantially the same as
in Arizona, Idaho, Minnesota, Montana, Nevada, New Jersey, New York, North Dakota,
Pennsylvania, and Vermont, and under the
three federal laws. The provision for a lump
sum payment to the widow on remarriage is
adopted in Arizona, Colorado, Minnesota,
Nevada, New York, North Dakota, Oregon,
Utah, Washington, West Virginia and in the
federal laws for longshoremen, and for private employees in the District of Columbia.

(3) Compensation for Widower.
If living with the decedent at the time
of her death and dependent upon her
support, the widower should receive
35 per cent of her wages, or a proportionate amount if his dependency is
only partial, to be paid until his death
or remarriage.
(4) Compensation for Widow or
Widower and children. In addition to
the compensation provided for the
widow or widower, IS per cent should
be allowed for each child under eighteen, up to a maximum of 66fr per
cent for the widow or widower and
children. Compensation on account
of a child should cease when it dies,
6

l

(5) Compensation to Children if
There Be No Widow or Widower. In
case children are left without any surviving parent 25 per cent should be
paid for one child under eighteen, and
15 per cent for each additional such
child, to be divided among such children share and share alike, up to a
maximum of 66i per cent. Compensation on account of any such child
should cease when it dies, marries, or
reaches the age of eighteen unless it is
disabled.
(6) Compensation to Parents,
Brothers, Sisters, Grandchildren and
Grandparents if Dependent. For such
classes of dependents 25 per cent
should be paid for one wholly dependent, and 15 per cent additional for each
additional person wholly dependent,
divided among such wholly dependent
persons share and share alike, and a
proportionate amount (to. be determin~d by the Accident Board) if dependency is only partial, to be ~ivided
among the persons wholly or partially
dependent according to the degree of
dependency as determined by the.Accident Boar·d. These percentages ·should
be paid in cases where there is no
widow, widower, or child. In other
cases members of this class should receive as much of these percentage/&gt; as,
when added to the total percentage
payable to the widow or widower or
child, will not exceed a total of 66!
per cent. · Compensation to members
of this class should be paid only during
dependency.
•
(7) Compensation for Alien NonResident Dependents. Aliens should
be placed on the same footing as other
dependents.
In Alabama, Hawaii, New Mexico, the
Philippines, and South Dakota, alone are
alien non-resident dependents expressly ·excluded from compenstion.

(8) Maximum and Minimum Compensation for Death. The wages on
1

�which death compensation is based
should be taken to be not more t ~
$37.50 per week nor less than $15 per
week; but the. total amount of the
weekly Compensation should not be
more than the actual wages.
(9) No-dependency Death Cases. If
there are no surviving dependents, the
insurance carrier should be assessed
at least $1,500 for the second injury and
rehabilitation fund.
6. Commutation of Periodical Compensation Payments. Necessary in exceptional cases, lump sum payments
should, however, be carefully safeguarded
against abuse and should be permitted
only when for the best interest of the
beneficiary and with the approval and
under the supervision of the Accident
Board, after thorough investigation.

7. Legal Fees. No contract for legal
services should be valid unless approved
by the Accident Board, which should be
authorized to be the judge of the reasonable value of the services rendered.

II. Employments to Be Included. It is
believed that sufficient progress has now
been made in public education on the problem, and in the development of efficient and
economical machinery for insuring the employer against his compensation liability, to
justify the inclusion in the system of all
employments. The only exception which
should be made is of casual employees in the
service of employers who have only such
employees and who, therefore, cannot fairly
be required to carry compensation insurance
policies. Such policies, on payment of a
small additional premium, are now drawn so
as to embrace casual as well as regular employees. No serious burden is, therefore,
entailed on employers, even of domestic
servants, in making them liable to pay compensation to casual employees.
Farm labor and domestic service are still exempted from the operation of the act in nearly all
the States, either expressly or indirectly.
Casual employees are excluded either in whole
or in part by most laws.
8

III. Injuries to Be Included. Compensatio. should be provided for all personal injuries in the course of employment, and
death resulting th erefrom within six years,
but no compensation should be allowed
wh ere the injury is occasioned by the wilful intention of the employee to bring about
the injury or death of him self or of another.
The act should embrace occupational diseases arising out of and in the course of
employ ment, which should be considered
personal injuries for which compensation is
payable.
The principle of limiting the time within which
death must occur in order to form a basis for
compensation is found in Alabama, Colorado, Conn~cticut, Delaware, Florida, Hawaii, Idaho, Indiana, Kentucky, Louisiana, Maryland Missouri
Nebraska, New Mexico, North Carolina, North
Dakota, Ohio, Pennsylvania, Puerto Rico, South
Carolina, Utah, Vermont, Virginia and West Virginia, and in the federal law for Government
employees.
The principle of excepting injuries caused by
the wilful intention of the employee is found in
the three federal laws and in all States except
Illinois, Massachusetts, and Montana.
Occupational diseases are compensated in California, Connecticut, Illinois, Indiana, Hawaii,
Massachusetts, Missouri, New York, North Dakota,
the Philippines, Wisconsin, and under the three
federal laws, and to a limited extent in Delaware,
Michigan, Kentucky, Minnesota, Nebraska, New
Jersey, North Carolina, Ohio, Pennsylvania, Puerto
Rico, Rhode Island, Washington, and West Virginia.

IV. Other Remedies Than Those Provided by the Compensation Act. One of
the weightiest arguments against the outworn system of employers' liability is that
it causes vast sums to be frittered away in
law suits that should be used in caring for
the victims of accidents. To avoid this
waste the compensation provided by the act
should be THE EXCLUSIVE REMEDY.
If the employer has been guilty of personal
negligence, even going to the point of violating a safety statute, his punishment
should be through a special action prosecuted by the State factory inspection bureau.
Likewise, if he has failed to insure, he
should be penalized by being made subject
to a penal action prosecuted by the accident
board and by increasing his liability for compensation.
9

�"
Suits for damages are not permitted under any
circumstances in several states including Alaba;»a,
Alaska, Hawaii, Idaho, Louisiana, Maine, Penrtirylvania, Vermont, and Wisconsin.

most rigid regulation to guard against 'in~olvency, to insure just settlement of
claims, to prevent wasteful practices and
exorbitant rates, and to eliminate unfair
competitive methods;

V. Security for the Payment of Compensation Awards. The supreme tests of a compensation system are, first, the incentive
provided for reducing accidents to the utmost, and, second, the promptness and certainty with which compensation claims are
met. The strongest incentive toward prevention results from imposing the whole expense of compensation upon the employer.
The irregularity and uncertainty of accidents, however, make this policy inexpedient for small employers with limited financial resources. Security can only be attained
through some system of insurance. Employers should, therefore, be required to insure their compensation liability.

Insurance in commercial companies is not
_allowed in Nevada, North Dakota, Ohio, Oregon, Puerto Rico, Washington, West Virginia,
and Wyoming, and sentiment is rapidly developing in favor of such exclusion elsewhere.

4. Insure in a State Insurance Fund
managed by the Accident Board upon
the same principles and subject to the
same general requirements as those governing Mutual Insurance Associations.
State insurance is authorized in Arizona,
California, Colorado, Idaho, Maryland, Michigan, Montana, Nevada, New York, North
Dakota, Ohio, Oklahoma, Oregon, Pennsylv~a, Puerto Rico, Tennessee (for coal_mines),
Utah, Washington, West Virginia and Wyoming.

Alabama, Alaska and the Philippines are the
only States which do not require in some form
or other the employer to secure the payment of
compensation either by insurance or by the giving of a bond. •

Failures of private casualty companies
-with resulting tragic loss both to injured workers and their employers-have
given additional impulse to adoption of
State Insurance Funds. ly.loimting insurance costs have likewise led to increasing
use of State Funds.

In accordance with the plans of insurance
at present provided for, .employers may
either:
1. Maintain their own insurance fund
subject "to the approval of the Accident
Board or other administrative authority;
Massachusetts, Nevada~ North Dakota, Oregon, Puerto Rico, Texas, Washington and
Wyoming do not permit employers to carry
their own insurance.

2. Insure in a Mutual Association authorized to insure compensation liability;
Insurance in a mutual association is permitted in most States, including Alabama, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana,
Iowa, Kansas, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Minnesota,
Nebraska, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, Oklahoma,
Pennsylvania, Rhode Island, South Carolina,
South Dakota, Tennessee, Texas, Utah, Vermont, Virginia and Wisconsin and by the federal
laws for longshoremen and for private employees in the District of Columbia.

3. Insure in a commercial company,
such companies to be subjected to the
10

.I

•VI. Organization of Accident Board. It
is essential to the successful operation of
the compensation system that an Accident
Board be created. This board should_ consist of three or five members appointed by
the Governor with the consent of the Senate. The board should have power to employ necessary assistants, including an independent medical staff, on a merit basis with
security of tenure. Its members should be
required to devote their entire time to its
work and should not be permitted to •carry
on any other business or profession for
profit. The cost of administration of the
compensation law should be equitably distributed among the insurance carriers.
Accident boards are provided in the three federal laws and in all of the States except Alabama,
Alaska, Louisiana, New Hampshire, New Mexico,
the Philippines, Rhode Island, Tennessee and
Wyoming.
11

�i&gt;

VII. Procedure for Settlement of Compensation Claims. Careful provision shdi!nd
be made for rigid state supervision in the
determination of all claims for compensation. A decision by a member or an authorized deputy of the State Accident Board
should be conclusive, unless appeal therefrom is taken to the entire Accident Board
within a specified time. The Accident
Board's ·disposition of the case should be
final and conclusive unless appeal therefrom
is taken within a specified time. Appeals
from decrees of the Accident Board should
not be allowed, except on questions of law,
and should be carried direct to the highest
court.

VIII. Reports of Accidents. The law
should direct the administrative board to
use the Standard Accident Reporting Blank
requiring full and accurate reports of all
industrial accidents as a basis for computation of future industrial accident rates and
for future safety regulations to decrease or
prevent accidents.
IX. Rehabilitation. Restored earning
power is of more importance than distress
relieved. The administrative board should
therefore be authorized to encourage, cooperate with, or conduct enterprises for the
re-education and rehabilitation of injured
persons. Provision should be made for maintenance during rehabilitation.
Forty-seven States and the District of Columbia
already make provision for aiding industrial cripples to secure re-training, re-education or reemployment. Delaware still lags.

The essential features of workmen's compensation law here outlined are urged on
the basis of a careful study of the whole
question and of the compensation legislation of all the States. As one of the functions of the American Association for Labor
Legislation is to promote the enactment of
adequate and more nearly uniform labor
laws, it earnestly recommends to the careful consideration of legislators and of those
who are interested in social progress the
country over, the foregoing just, reasonable
and progressive workmen's compensation
standards.
12

. '

•

" l esp ecially lik e the way t he org a11 izatio11
co mbin es th r scir11tific m ctl,o d with th e pra ctical
rernlt -g elli11g spirit."
" T h e Asso cia tiou has ed11ca t ed th e p11bli c,
aro11u d p 11 blic int erest, se cured th e pa ssage of
ht·111•fi cinl l rg islntio11."

The

American

Association

for

Labor

Legislation is a general welfare organization
with headquarters at 131 East 23rd Street,
New York City. It is supported entirely by
contributions from its thousands of members representing all groups in every state
in the Union.

If you wish to be kept in touch with this
expanding

work

you

should

become a

member.
Membership will entitle you to many
privileges in addition to the publications,
among which is the quarterly American

Labor Legislation Review. The minimum
annual subscription is $3. A good time to
become a member is now.
"[ /,ave brr11 a reader of th e AMERICAN LABOR
the first day lo tMs day,
a11d have fo1111d it i11dispe11sable i11 trying lo keep
up w it!, the devr./oprn e11t of social lcgislatio11 i11
tl,e U11ited S/a/es."-CHARl,ES A, BEARD.
LEGISLATION REVIEW from

�(

I
~

Workmen's Compensation Map ;
of the
United States and Canadian Provinces

..
CJ

No Compensation
Laws.
Compensation Law,
but no State Fund
Compensation Law, with State Fund.

Can your State measure up to these
standards?

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                <text>John B. Andrews</text>
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                <text>The Union Pacific Coal Co.</text>
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                    <text>FILE NO.

284

VISITORS

-

Lie

、

1- McFADDEN, George

PAUL Vfeir Co •- Consulting Engineer
ILLINOIS, Chicago

2-McKENbEI, IAN

Manager, Kirington Colliery, Weston, Australia

APR/45

�No。2

�Joy MikNrn^cTVjRiNG Company
I e 2e

W A Z E： S

好

STREET

DEXVEK 2, COX.OItfkDO
TE：L.E：F&gt;MOrs| S

KEVSTOIN E：

EXECUTIVE OFFICBO

&amp;33

HENRY W. OLIVER BUILDING

PITTSBURGH 22, PA.

Ihrch 功 19弘

*■» •

IiFo V. 0. Murray, General ISmagor
The Union Pacific Coal Conpany
Rock Springs 9 Voronins

Doar Vern:
This vjill in-iiroduce Mr. Ian 耳cKens矶 Hanajjer of th。
Elrington Collierj?" in ；/eston5
Australia, about
\71idh I tc：^:cd vith you by telcpiione last Saturday raorningo
I do indeed appreaiato your uillingnsss to shg 】澎.
Esifens取 sone of your nining operations — as does he^
very since^eSyo
Viith best records, I an,

lours very truly》
JOY ILfUUFACTuRIfIG ODi洌!Y

John H. Emrick
District Manager

JHE:L?

�NO.

1

�Rock Springs - April 245 1945

y. y

Ho C» Livingston?
La3® Io L!o Chaxioss

ti*. Goorge EcFaddcnP ConsultSns Bngiro cr^ 口ho for a nuniber of

years was the assistant to tho Vico ft?esidont of Operations of tho Peabody
Coal Company^ Chicago? t;111 an^vc hero on the nisht of April 25th

or the morning of April 26th on Ids v;sy from California to Chicagob

Ko

wishes to stop over for a day or tuoo
I mde reservations for 氏。I-cFadden at tho Park
v；ill bo our giicst xvhile horo«

Ho no doubt Mil v;aiit to visit soce of the

proportieso
Cryaai 81330^!

IE3 盘 J

and he

I. N. BAYLESS

.

�。"虹址0&amp; f 嘉 VS &amp;

f5

Pa.ul Weir Company

Paul Weir
Clayton G. Ball
George C. McFaddex
David W Jones
D. A. McNeie

mining engineers and geologists

307 NORTH MICHIGAN AVENUE

CHICAGO ^ILLINOIS

April 17, 1945

Mr. I. N. Bayless, President,
Union Pacific Coal Co.,
Rock Springs, looming.

Dear Newt:Thank ycu for ycur letter of April 14th.
George McFadden will vzire you from Los Angeles when
he expects to arrive in Rock Springs. Apparently
the date will be during the latter part of the week
of April 23rd. I will be very much interested in
getting a first-hand report on the activities of my
friends in Rock Springs.

With kindest regards, I am
Sincerely yours,

PW:L
cc — G. C. McFadden

i APR19S I

9

�比\

Paul ileir
Paul Weir Compaq
307 IJorth Michigan Avenue
Chicago 1P Illinois

Dear Pauls
I vdll be more than glad to have Goorgo
McFadden visit our properties。 If you are ho 口ill
let E3 knov; the tins of his arrival, I nill make
arrangGLients for hia to sea ar^y of our operating
propartias he desires to visit®

Sincerely yours.

Oriental Signed:

L 队 BAYLESS

�FRANKLIN 7914

-

Paul Weir Company

Paui. Weir
Clayton G. Ball
George C. McFaddex
David
Jones
D. A. McNeil

mining engineers and geologists

307 NORTH MICHIGAN AVENUE

CHICAGO I,ILLINOIS

April 11, 1945

逊.I.

N. Bajrless, General Mgr.,
Union Pacific Coal Company,
Rock Springs, VJyo.

Dear Neut：George IvlcFadden is on a vacation to Los
Angeles. If he can arrange travel accommodations he
would like to return on the Union Pacific, stopping
over in Rock Springs for two or three days. He is
particularly interested in seeing duckbills work on
the pitch. Would it be satisfactory to you for George
to visit your property? I would appreciate any courtesies
shoun him.

'Then George completes his arrangements he
will get in touch with you from Los Angeles.
With kindest regards and best wishes, I

am
Sincerely yours,

PY.r:L
cc - Mr・ George C. McFadden
182 Chrisman St.,
Ventura, California.

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                    <text>Special File No 1 , 184

WORKMEN'S COMPENSATION

Individual cases involving

ROCK SPRIKGS FUEL COMPANY

1933 -

(Also Rock Springs Fuel Company
vs
T. s. Taliaferro, Jr.
Controversy)

�r.

f ,
•

THE UNION PACIFIC COAL COMPANY
Ro ck Sp rings, Wyoming

l:N REPLY PLEASE REFER TO

OFFICE OF

Attorney

July ,11, 1 9 39
NO.

Mr. I. N. Bayless
City
Dear Sir:
I am s enct · n g you copy o f le t t er

written to John Luc a s.

I cio n ot su ppo s e my protes t wil l

have any effect but whe ther it h a s or n o t , I fe el , a s an
employee of the co al co mpan ie s of Sou th ern Wyoming , th a t

I should register my p r o t e st.
Yours trul y,

/,I

TST:ga

�/

July 11, 1039 .•

Mr . John Lucas, Presio.en t
Ro ck Springs F-\lel Company
Ro d\. Springs, Wyoming
•

De~r Slr:

RC: Jo e Riedel.

Referring to the 1:-njury of Joe Riedel, employee of
Rock ,Springs Fuel Company, v.ho was injured ;:arch St.h, 19~9-, by
a fall of rock :
I utderstand that he ls going to· the Veterans Ho·s pi tal at Cheyer..ne for further treatment . I do not understand
that the Hospital Comu.ission is sending him, but c.s. to this I

Tioulu lik e to know.

If this -r;orkman goe~. to Cheyenne, ~nd to the hospi te.l ,
I would st:rongly recor::~::iend that the Rock Springs Fuel Company
take tha:t opportunity to have two or th'l"('I'? Cheyenne snrg!;:on s
examine the workman, as I !llll not at all sE..tisfied with what the
so-called "1.!.edica.l Advisory Doierd 11 reported on J'une f.O, 1929 .
Indeed, as I exi;ressed to you, I a:.i not in sylipathy rl th- this
Boll.rd, ana I have little co1ifi&lt;ien c e in lts re9orts. The Do ard
is t ..ot f'unctioninb in the ,ay th&amp;t I l'las g-iven ito under s tand
it :· ould function, vhen l t t,; s cre;;tec.. Then it v:a s supposed
to rP.nder it.s service ¥:hen the coal operators s.9ecifi c R.lly nnd
especially called ·.J:pon it, in oxuctly the sn- J ~ eianner in ,~hi ch
I would. have these Cheyenne surgei:&gt;ns exautin~ this rro rkman .
In s tead of th~~, thls Bccrd is c~lled into sestlon s by a l ~yruan,F"
aria they ove:rrio.e., dictate a11d u~rp th~ por:er of ~ cal!'.!p s~r~eon .
Tney is su e ::.. s~b_µoena to your camp surgeon , r:ind ~-h 0 c a..!p ~urgeon
is. subservient to their oict~tion, v:hat ever may be th~ diff~rPn cP.
of o.iinipn b et· eet.i th::- c an~• surge .'!J f..:!;d th~,s~.l.vo :.: .
1

t y opinion 1 s that this Board should be abolished, as
it has outlived lts usefulness, and i s o f no ~arthly use .
Yours truly,
P.S.
The surgeon that I ·would pick out in Cheyenne would b'3 Doctor
Galen A. Fox, division surgeon for the Union Pacific, and who I
know to be skillful and cons.i derate. I would then ask Doctor Fox
to take with him two surgeons of his own selection.
·.rs-r: ~a
T.S.T.Jr.
CC-I.N.Bayless

�COPY

THE UNI,OM PAGIFI O COAL com, .ANY
Pl,oolt Springs• Y!yQming

Office of
JUly 11, 1939

?Jr. I. N. Bayless
Oity

Daar Sir:
I mn sending you copy of letter· \'11'it0en

to John tucaa.

I do not auppooa my protest will

have any effect but ~hather it has o~ not, I feel,
as an employee of the coal oompanies of Southern
rJyo:.ning, tha.t I E':1 ould register my protect.
Yours truly,

(Sgd.)

TST:ga

T. s. Taliaferro. Jr.

�COPY

July 11, 1939

M.r. John luoae, President
Rock Springs Fuel Company
Rock Sp rings, Vlyoming

Ref erring to the injury of Joo Rtedal, 01Dployee of Rook
Springs l?uel company, ·who t1as i n jiu."ed !!a.rah 8th, 1939, by a fall

of rock:
I understand that he is going to the veterans Hospital
at Cheyenne for further treatme:-1t. I do not understand that the
Hospital Oommiasion ia sencliac,; hlm but as to this I t·1ould lika to

?mow.

If this uorkman goes to Cheyenne, and t Q the hospital,
I wuld s·trongly reconM3i1d that. t he Roolc Sprl:ngs FUel Compa ny

take that opportunity to have ttw or three Cheyenne surgeons
aitemine tho uorkman, ae I am not nt all satisfied 'l'Jith '1hat the
no-called "~adical Advisory Boa1"Cin reported on June 30&gt; l9J9o
Indeed, as I expreaged to you, I em not in sympathy with this
Board, and I have little confidence in its reports. The oard
is not functioning in the ue:y that I Ylas given to undoratand
it ~culd function, ~hon it uas. created. Then it ,vaa supposed
to :rsnder its servioe \,hon th0 eoal operators •specifically and
eapeaially ealled upon it, in exactly the earns manner in uhich
instead of that, this Board is called into seoeions by a layman,
and they override, dictate and usurp the pouar of a camp surgeon.
Thay issue a aubpoan&amp; to your camp surgeon, and the camp surgeon
io oubservient to their dictation~ whatever may be the difference
of pPinion bet,:een the oamp surgeon and themaelvea.
Tu'iY opinion is that this Board should be abolished, e.s
it has outlived its usefulness, and is of no earthly use.

Yours truly,
(Sgd.)

T. s.

i

a.l ia.farro, :rr.

P.S.
The aurgeon that I would pick out in Cheyenne would be Doctor
Galen A. Fox, di vision surgeon for the Union paoiU.o, and who I
know to be skillful and considerate. I uould then ask Doctor Fox
to take with him tuo surgeons of bis own selection.
T. S.T. Jr.
00 - I. N. Bayless

�Copy for
hlr. Georg e H. Pryd~
Th e Union fb ciric coal Co.

February 21st, 1935.

PERSOHAL
llir. John Lucas
President., Rock Springs ~uel Company

Rock Sprin~s, Wyominz

(

• I received to day a check f1·om the Rock Springs Fuel
Company, signed by you, for ,·,hich I desire to eJtpress . mr per-

sonal appreciation.

.
\'!11110 1 t is tru e that !'or t!1.e past siJt months I nave
performed po direct nervic e f'or the Rock Spi•ings Fuel Gom;pr-n1y., /
yet the fac t r emains that i:n an indire ct manw~r I have performed nuch uork for every coal company opera ti1,g ~n South\;; estern i~yoming.

I navG a ca.s o now for one of the Rook Sp:rin g;s co al
companies in the Supr ewe court of "~yomi ng, u pon r:ll ich I b 2. ve

giver..l a tremendous umount of l a bOI',9 1.o t becaus e t he co c.1 company uas, in terms, desired i t , or ro,rues t ed thc=.t I snould t ~ke
th e ca se to the Suprai."le {.;ourt.:&gt; but I am doi ng i t bac~u s e o.
priuciple, affocting every co f\l company in sou t llwester n ·~i.:yorningJ)
is i n volved.
'io • sr,ow y ou m1e 0l ~ment in t llB c:;sc~:

Abou t '~w~n t y

surgeons, sca .;t el'ed 1·rom :Uonver to Sal t L nke, e:-.amiu0d t il e r1orli:man, took X-r ~y pictu r·e s, and can f i nd no evicterwe oi' any injury.
l .w1ong tnos e t,1en t y su rg eon s \7e r e Do c ·~ors Arboga st and Roe, who
were t he r;ori'. .ilitu.1 vs en.mp su rg 0onz. 'I1he -:;:; orkrnan then employed an
ost c opnth., -.;:.b.o ou1•11ed him r1i th el e ct ric lamps.
A con~;iderr~ble

time aftt;)rr:arci.s , and an.er he \'ia s discharged from t he Vetertms 9
ilosp1 tal, Bt Dewrer, n e \'? e:ut

to Doctors Luu li:er m'.ld Sanders.

Doc·tor Lauzer t esti:ri ed to t h e court that all these otl'ler surgeons
t, ere v, :rong .11 l:nd that tho ymrkman h a d been injured 25;{ of
•
11 p0rr;:ian e11t tot al di sabili t yn.
irn soon as Doctor Lau i~er got off
t he st and his part.ner.11 Doctor Sanders, ,n:::.s sv:orn, anu testified

that th0 norkman had bee:n injured 75% of 8 permanen-c total dis-

a bility"o

Does not this show that somebody must not only· watch

adverse coal legisla tion at Cheyenne, a dverse coal legislation at
Washington, the desire or many smaller business men tnat coal
mines be exo1·bitantly taxed, bu·t . al so does it now shov; ttrn.t • somebody must watch even the camp surgeons, when t; V70 pt:,lrtners,
te stifying · practically at the same time, would have a spread ot
J2,ooo . oo . betweeu them in only one inJur~?
for 't.he ~ram taking this case to the Suprem~ court chiefly
the unre!1abli.it~x 0 iai~~g
to tne_attention of the Judges
8
doctors partners, an~ ~:.~a~e~~:unony,; that here are two
sur eon; one of them, Doctor t...a.u;_!-~~.,_~~f! 0 f tv:enty othar
..• ang '"l 000 00 for "permanent ~ur~ifil &lt;l-l:,5a·t1l;:.t!t;y: t~:l.s workworkman' ,.·i o ,hj_oJ.ooe .oo.
o.is
. mpart ~e~ , Doctor Sanders., woulu give tnis
.
0

can any · business survive tli~t is to b

a system?
Somebody nas got to m£1ke the ttght

cot to take the blame and tne enmity.
?our ■

t~,

~-h
, , ·•--'

~

e looted by SUch

01'.ld

somebody has

�STANDARD
IWH0,000

FORM 2103

SUBJECT :

THE UNION PACIFIC COAL COMPANY
.

OFFICEOF

Rock Springs, Wyoming
December 29th, 1934.

IN REPLY PLEASE REFER TO

NO.

Attorney
PEIRSONAL
Mr. George B. Pryde
City
Dear Sir:

In regard to your conversation with John Lucas
upon compensation matt ers:
Since you left, Glen Stanton came to my office,
and asked for an extension of time for t he filing of a brief
in the Supreme Court in t h e Kopro wski case. The law is that
the Attorney General represents an injured workman in the
Supreme Court, but t h e stipulation f.or additional time to file
the brief shows that the application is made by Glen _G. Stanton,
Joseph H. Galicich and Ra y E. Lee .
Of course, t here is no ob j ection to Koprowski
having as many lawyers as care to look a fter his interest, but
the fact that Stanton is associated. with Wal ter A. Muir, and
Walter A. Mui ✓is rep resen ting John Lucas' coal company, and
Glen Stanton is representing Ko pro wski, simply means that he is
representing Mr. Muir in an indirect manner, because J-ohn Lucas
does not ~ant Mr. Muir to come out in the open.
In sending these notices to the coal operators,
I am not going to send a notice to John Lucas. If you care
personally to invite him, of course, I have no objection, but
Lucas has been playing double for several years.
Yours truly,
_. ✓--;;

TST:ga

~

�FORM 2103

SUBJECT /

1:JfoA/lD

v r ./ ,000

/ ~7 .

UNION PACIFIC COAL COMPANY

Rock Springs, Wyoming.
IN REPLY PLEASE REFER TO

November 13th, 19.33
Attorne

NO,

Mr. George B. Pryde
Vice Presi dent and General Manag er
The Union Pacific Coal Company
City
Dear Sir:
Referr i ng t o your l et te r of November 10th:
I feel that every reasonable pressure should be brought upon
the Rock Spring s Fuel Company to compel it to live by its agreement,
when about a year ago Mr. Lucas agreed t ha t th e wr i ter shoul d
represent the Rock Springs Fu el Company, in conjun ction with all of
the coal companies of Southe r n Wyomi ng, which, of cour s e, inclu des
the Kemmerer Coal Company and t h e Di &amp;monn Coal and Coke Company .
It Viould be ex tremely embarras sing i f the Rock Springs Fuel
Company should be at loggerheads, through its attorney, ·with what the
rest of us are trying to accomplish. This would inevitably result,
bec&amp;u s e the combination between certain surgeons and certain attorneys
is diametricall y in opposition to anything and everything which, to the
writer, appears legal and just.
First: In the revision of the statutes, the Board, of which
Mr. N. R. Greenfield was a member, eliminated,(of course unwittingly
and ignorantly,j all limitations as to when judgments may be set aside
on account of newly discovered evicience.
•

i

This was the most unreasonable, dangerous and radical
legislation that any American State has ever attempted. A letter from
Mr. Massey Holmes of the Central Coal and Coke Company, dated July 3,
1933, in reference to this, states:
"This seems to me a very disturbing precedent, and I hope
you and the other employers will take all steps possible
to effectuate some finality at some time of awards or
judgments of this nature".
Judge Tidball, on June 27th, 1933, stated in a decree:
"Under the law as it nowreads, there is no limitation
on moving to reopen a judgment on account of newly
discovered evidence. At the time of the injury, of
course, and of the filing of the petition, there was
a one year limitation, and perhaps that might apply.n

�.
This matter is so serious, especially to employers of labor,
that I have fully made up my mind, in a quiet way, a t the Special
Session of the Legislature, to point out the dangerous and
revolutionary character of the statute, as it now stands, and to ask
that the same be amended so tha t it will be in conformity with the
law of ever y State in the Union, and perhaps with the law, wherever
English law prevails.
I do not feel t hat I can di scuss this matter at the proper
time with a meeting of t h e operators with the Rock Springs Fuel Company,
actively in conflict wi t h me , and with my ideas, which is surely to
result if Mr. Lucas persi st s in hi s cour s e.
I simply canno t , f or many reasons, work with Mr. Muir. From my
conver sations with Jlr. McAu liff e, I am quite su re that h e ha s experienced,
in his business life, men v1hom it was perfectly impossible for him to
work with. I think I have he ar d hi m so exp ress himself to me.
Second: I am pr epa r ing a t the fi r st opportunity to take to
the Supreme Court, for constru ction , the am endmen t , whi ch we ma de at the
last session of t h e Legisl a tur e, looki ng to t he prevention of the
"pyramiding" of " t emporar y t otal disabi lit y" awar ds ·with "permanent
parti al ciisabili t y 11 awar ds.
We have a larg e number of cases on hanci, in which the employee
would be perfectl y satisfiea. to go t h r ough the r emainder of his life,
drawing 11 temporar y total disabi lity " awa r ds, and will go until those
a\·;ar ds have reached t h eir maxi mum amoun t s, and upon which the employee
v:ill claim "permanent partia.l di s a bili tyn, i f not "permanent total disability". I think you have one or t wo ca s es -of this sort now brewing
in ·rhe Union Pacific Coal company.
This cl a ss of ca ses is well illustrated by the Lincoln Young
case,for whom I have an order from the court to send to Denver for
examination.
The statute, as amended, in February, 1933, expressly says
that v-.1here there is "permanent disability", the "temporary total disability" shall be allowed only until the 11 healing process" has reached.
Our surgeons are paying no attention to this law, and I have every reason
to believe th2.t they are being advised by some of" the lav1yers who are
proclaiming themselves the friends of' the injured workmen.
I am waiting to get a good case to take to the Supreme Ctsurt,
if necessary, for a construction of the law. It would be particularly
annoying to me to be hampered in this matter by the Hock &amp;prings Fuel
company, ana. I think that you have the influence with the directors of'
that company, including hlr. Facinelli, and Mr. Bunning, to make them
see that it is not to the interest or the coal operators, or to the
interest or the Rock Springs Fuel company, to go back upon its agreement
as to legal representation.
Of course, you understand so far as aesiring to represent Mr.
Lucas, if this thing could. be separated and divided, I would be glad that
Mr. Lucas should go his way. His enmity towards me has no foundation,

�except that I have refused to allow stipulations to be made in violation
of the statute, and have insisted on the Rock Springs Fuel Company
living up to the statute, without waiving statutory limitations, etc.
Mr. Lucas thought tha t the 11 money" belonged to the Rock Springs Fuel
Company, and it ought to be able, at his suggestion, to do what he chose
in the premises. Of course, this thought is entirely erroneous.
You will recolle ct that a year ago, I suggested that I was
willing to do t he work t hat the Hock Spring s Fuel Company had without
any remuneration, rather t han to have it break the representation. I
still make t11e s ame offer . However, I mig h t add t hat the Rock Springs
Fuel Company has pai d me nothi ng since t hat off er was made. Whether it
considers that it ovves me anything, or not, I do not kno w. I have no
thought one way or the other .
Yours truly,
~~..........,,_.,
\

TST:ga

I

W

�!JP
Rock Springs - Nov. 10, L)33

si r. T.

s. Taliaferro, Jr.:
I thank you for your letter of the 9th instant,

together v: i th 6'1 clo sures. wh ich I am returning herevri th.
I we nt ove r the exact t h ing s you me ntion in your
l e tter with tlr. Lucas . a dvising h i m th a t he wa s not only
jeopardizing his own compens a tion c ases b ut d oing everything
~ossible to embarrass all of the o ther Companies; th&amp;t in
this matter of comv en sation, we should a ll stay to ge ther
,nci that you should hanule thos e cases.
I also called hi s att e ntion to the fact that he had
been under .. any obligations to The Union Pacific Coal Company
and the Railroad Comyany, and s:b..oulci go along vii th their
officers.

I shall have another talk v; ith him a 6 a in ,•,hen he

returns from his present trip.
It is quite a comi-&gt;limen t to you to have ?:i:r. Reid
/ make the request that he does in his letter.
t"

�sr.,, •..,,

FORM 2103

.,

SUBJECT:

PERSONAL

1o-a..10.ooo

THE UNION PACIFIC COAL COMPANY

Rock Springs, Wyoming.
IN REPLY PLEASE REFER TO

OFFICE OF

Attorney

November 9, 1933
NO.

Mr. George B. Pryde
City
Dear Sir:
I was most interested in your letter .concerni ng John Lucas.
This is one of the funniest t hings that has ever come under my
observation.
I went to Washington, D.C., and got t h e Rock Springs Fuel
Company its track, which was one of only t wo tha t Mr. G2..r field would
allow. I spent a month at Washington doing this, cramped, every
day, except Saturday afternoons, and Sundays, from nine until five
o'clock, in a little, old, temporary buil ding, waiting an opportunity
to see Mr. Garfield, knowing that if I was called, and not present,
that my time was forever lost.
•
I again went to Washington t wice, and obtained the very
land that the Rock Springs .fuel Company operates, after a contest,
as you will remember, with the Union Pacific in the matter.
I defended a suit, amounting to over $30,000.00 in damages,
because Lucas had treated his • coal agent in Omaha, with the same degree of injustice as he no~ treats me, breaking his contract, without
saying a word, and without any reason.
I care nothing about Lucas, or the Rock .Springs l''uel Company.
They have had exceptionally splendid service at my hands, as Victor
Facinelli and Chris Bunning can tell you, and which you pr6oably know
yourself.
John Lucas has been favored by the Union Pacific Coal Company, and yet, right at a time when there should be unity of action,
unity or thought, unity of policy, he wants to bring into the
Coal Operators Association discord and strife.
Almost every coal operator has protested to me against
Lucas' action in this matter ..
To show you that Lucas, knowingly and willfully, misrepresented the Colony Coal ~ompany, I inclose a letter, which I
received from the Colony Coal Company, and which you will please
return.
I will grant that Mr. Lucas has the right to employ any
attorney he sees fit to employ, but I deny that he has the right,
receiving as many favors as he does receive from The Union Pacific

�FORM :Z.103

SUBJECT:

THE UNION PACIFIC COAL COMPANY
IN REPLY PLEASE REFER TO

OFFICE OF

NO,

Coal Company, to try to 11 buck 11 The Union Pacific Coal Company, and
the interests of all of his associ a tes~
Under th e present si t u2.tion,' I shall al ways feel embarrassed, because I will al ways feel t ha t with the Rock Springs Fuel Company
there can be no 11 f'ree expressionn of wha t I think, and it presents to
.t he Judge 01· the District Court a re udic.tion of the 11 slant 11 that I
have been trying, and have succeeded pretty well in giving to the
administration or the compensa tion law.
I think this phase of the matter shoul d be carefully considered by the Southern Wyoming Coal Operators Association.
I received this morning t he inclosed letter from Mr. Reid,
in which he ackno wledges using one of th e arguments that I made to
Judge Tidball, and in whi ch he ask s me to file a brief, as a friend
of the court, in a case which comes down from the Sugar Factory at
Torrington. Of course, I shall do it, in the interest of the Rock
Springs Fuel Company, and John Lucas, just as much as in the interest of The Union Pacific Coal company, and the Kemmerer Coal Company.
Please return Mr. Heid's letter.
Yours truly,

·"

Dictated by Mr. Taliaferro
Transcribed after he left for Casper.

�THE

COLO N'Y

CO AL

COMPANY

DINES, WYOMING

Nov. 6, 1033.

Mr. T. S. Ta li ai'erro, Jr. ,
Attorney at Law,
Ro c:k Springs, Wyoming .
Dear Sir:
The writer fully shares the vie ws
e:x pressed by you in your circula r 1 etter of
Nov. 3ra, relative to the actions of M. r. Muir
and Mr. Lucas.
It is a pity that you a v parent ly cti d
not have the kno wled g e tha t the opera to r s pa ici
Mr. llJ!.ui r t 3OO .00 thru the medium of the Southern
V/yoming Coal Operator's Asooci ation c: nd at the
instigation of Mr. Lucas, to attend the l a st
legislative session to work magic in behalf of
the operators. The writer a lone opposed the
action and feels that pa rag raph four of your
letter shoulo be supplemented in some manner
with this .fact, the thought being that in the
future the operators might reflect on the wisdom
of subsidising whoever Mr. 1..ucas might desire
to e mploy.
Yours truly,
( sgd)

WDB-W

cc Mr. A. N. Fancher.

copy

W. D. Bryson

�J'iEID &amp; MORE
Tor ring ton, Wyoming
October 26, 1933

Mr. T. S. Taliaferro, Jr.,
Rock Sprin g s, Wyoming.
Dear Judge:
l retu r n herewith your Answer Brief in the
Sam Xirakis compensatio n ma tter a nd I appreciate very
much the c ourte s y which prompted you to send this to
me.

ln our c a se o f Wilson vs. Holl y Suga r Corporation
o ri ef of t he various state 1 aws
ap plying to · her ni a at len g th a no have €c, il!Ten you erect it
in the brief for r1a ving, suppli ed the same.

I have quoted your

I have h ad an ex tra copy of the brief prepared
which I a m e:,lad to enc l ose herewith with my compliments.
I hope th&amp;t there ma y be s ome material in it that will
spa.re you some ·,n ark at a future time.
It occurred to me that this case affords an
opportunity to make qui t e a little bit of hernia law
in the State ano th a t your Cleiilm might be interested
in h aving you file a brief in the c&amp;se as amicus curiae.
With kindest personal regards and all good
wishes, I am
Yours very truly,
lsgd)

Erle H. Reid

EHR:CL
Enc. 2.
Fina I have extra copy of transcript
of evidence and enclose same .
Reid.
copy

�Rock Springs - Mov. 8, 1933

-----

PERSONAL

Mr. T. S. Taliaferro, Jr.:
Referring to your personal letter to me under date
of November 3rd:
I called Hr. Lucas in yesterday, this being the
fi r st opportunity I f ound him in town.
I d iscu s ed the matt e r compla ine d of in your ietter,
G.nci he s e eme d to t h i nk t h a t h e 8h o ula hanol e ll i s o wn law
ousiness as he v-ished .

.I told him it wa s not a q uestion of

la.w busine s s, b ut a s f a r a s t he Comp ens a tio n Law was concerned,
we had p.e,,reed to

0 0

a lo ne, all to b ether.

L!l.r. l.ucas stated that

the Colony Coal Co mp any wa s not go in 6 a long , b ut in his
presence I phoned l'Jr . Br y son,

ih o advised tha t all compen-

sation cases for t h e ir co mp any n ere g oin g through your of'fic:e
as agreed to by llr. Dines a na llr. McAuliffe.
I do not kno vi 1,7bs. t act ion :Ur. l.ucas will take, but
/

I told him tha t he vrns pursuing a course which v10ulo. result
only in trow.bl e for him and. for the other coal operators in
this state.

�PERd lllAL

~

THOMAS 6 1:!DOON TALIAFERRO~"R ~
ATTORNEY ANC COUNSEL.OR AT 1.-J!t,,.W

ROCK SPRINGS,WYOMING

Mr. George B. Pryde
City

November 3rd, 1933

Dear Sir:
~he writer notes, that without any notice to him, the Rock Springs Fuei
Cqmpany, John Lucas, President and Manager, is having Mr. w. A. Muir appear
in court in its compensation cases.
•
Personally, the writer would rather not have the bus~ness controlled by
John Lucas, for the reason that Luca~ has that disposition which demands
that c!- 11 hig_her intelligencen must conform itself to his theory, that the
attorney _and counsellor must obey the client, even .in those ~atter of which
the client has not the least knowledge, skill or understanding.
Over a year ago, Mr. Lucas did the same thing, but ,.changed his mind.
Mr .. Lucas, in tran~ferring the legal business of the Rock Springs Fuel Company, is, to my mind, committing a positive wrong against his associated
coal operators.
It mus~ qe remembered that Mr. Muir is making his campaign for the
May:oral ty upon his interpretation of ~he fl industrial ethic_sn and the
11 industrial laws".
This is well known by everyone who .coJnes in contact with
the publiG. It was W. _A. Muir, who is largely the author of the theory that
u every man who works in a mine _get~. a broken backu, a theory that is giving
the coal operators much Goncern, and a theory that is be~g advanced by some
of the medical profession. It was W. A. Muir, who ~rew and presented the
outrageous and foolish amendment to the compensation ..law, for the last
Legislatqre, so q_u trageous, and so foolish, that even .the recognize_d heads
o~ the United Mine Workers of America repudiated it,. notwi_thstanding_ it was
in the .hand.~~of. a State Senator from Sweetwater County, and was .b eing
..
exb.ibi ted to the members of the Legislature as .the product of a 11master mind11 •
I think, for the best interest of the coal operate~s,· -thi·s -letter shquld
be treated as confidential. Still, I think the coal operators ought to know
that the Rock Spri~gs Fuel Company is driving, at a most precarious time, a
nwedge~ which is intended to split the unity of the coal operators.
There is not a coal operator, but who has, at the present time, a
Koprowski case 11 to face., an4. why, wi~.h the difficulty of 11 fractious
doctorsn, Mr. Lucas woul.d want to bring into the body "fractious lawyers,
is more than the writer can tell.
11

Yours truly,

TST:ga

�1933

April 20, l9S3

IJro John Lucas, Prosid€:!nt
Bock Springs Fuel Company
Rock Si;rings, \iyonine;

In :re~

Enrique L1uniz

A letter from Ilr,, Ga licich,11 dated Aµ ril 1 9 , stat0sJ) amonc other

thiugs 0 the follot7ing ;
nturthormors:, tho e:nploye:;: i s not only rtllling to pay t _h a
a!uount of cc;nnpensation requested, but :Lr. very m_
·D:ious to
have the rno.tte:r aisposod of o 11
Bone tiue at your convenience I VJ:1.sh you rrotLd drop into rny office
so that I may definitely urcle:,... stand '.-:rheth o,. or not 1-;; ts the r.d.sh of the Rock
Sp rin15s Fuel Company ·to s·ci pul ate f'o1~ cor:1, nz0.tion ::1•nu?d s as tho same may bo
r Eiquested 0 l"athGr t,11!.en in tho l!!nm10x· fi:zed b y law ..

I do not overJ.ooL~ t hG i\::.c't -·~he.t om:' loc3·.!. surg:2ons have kno\7ledge.,
sltill, und undors·ca.ndin,:P and t but ti10 County ~m6. ?1 oso cuting Attorney 1s by
la\7 the attoin0y for· the Fiorkt1ta,"'lp ..,.nd -th,d; th o 3 U1'880ns ar0 the paid
e:::iploy aes of the r:-or1rncJ1~ If t l.cs m~ ::-·c,..J·1s ~,u .i 1~· c Prosecuting -Attorney have
th0 business vision proport on att::ly a:J they lave l:no \:ledg&lt;?., skill, and understandine in their pi~ofessions; they v:ould plninly see that th,ey o.re helped by
mi xof• ~al 'to bo influ enced in tho lc~st by the pz-essure v1hichl&gt; as the
1

11

e~ployeGs of tho □ iners, they nre subjected to.

If I became pliable, they

,-;ould have no defe:..1s0 11 "°,n d they •r,ould become us helpless as the surgeons that
used to examine the Civil ~Inr veterans fo:r pcmsions o

I DD not dcceiYed as to nhy the suraeons are all combining and joininG in the r0!,iorts of injuries to the !:liners. P&gt;:essure is forcing thiso I
cannot believs tho.t the operators v.-oi1ld h~v6 me be subject to the· so.me
pressure. Thoso doctors r.ru.1 t to be sure _thai they are all agr0edl. A most
rc...TJJ nrko.bl0 thing if they do asreo. There is an old clLi.ssic,
"When doctors ngree _the patient d~es. n

But I ,7111 talk this :.Ja.tter over \ii th you 1.1hen you drop in •
..

I an sending a copy of this letter to Vice President Pryde because

there has been recently some dif'forence o:f opinion between the writer ond the
cocpcmsa.tion depo.rtmant of the Union _Pacific. As far na I run concer!1ed., I
t"oul&lt;i eladly wi t;hdrm f'rora fiJY present situation, r.rhich 1s not only disagreeabl
but is very injurious to my blhsiness and brings me in conflict. not only with
aen of your standing, but also With the men who aro 'tiOrld.ng under you.

Q

Your$ t7uly,

J.~

9

~

•

1_,_,r_~-

J ~ ~?J

l'ST:.B

�TI1 r. Joseph ·u. .Galicich

. April 20}.l i933

County Attorney

Rock Springs, ~yoming
Dear Sir:

In re:

In.ri&lt;;.ue liilmiz., Rock Springs Fuel Company

Th e Nayo Clinic has ce~tifi.ed to Judge V.. J. Tidball~

flAt th0 tL."1le of riro ~uniz9 exoEination here no injury vms
detected above the ankl e joint, but atrophy from _disuse
had take..n pl ace . no de fini t 0 lnjtU"Y other then that could
bs made outo The co!lvales cen ce in the hospi tal was
satisfactory and at t he time I saw h:lm on Ma rch 11, 1932,,
I found t he v:ound healedo He i-as walking with the foot
_squarely on the g round. o It was m~r o:--iinion thut a:n ~Jutatio~
~1a.s uncal l ed fo~ as I f elt that t h e fo ot would be more usef.\11
to t"~f:1 tha..."l an artificial limboH

• ¥Ji th such a statement; b efor e t he cou rt, I beli e~rn t hat I \7ould be
guilty of fraud, .even to t he extm. . d of conspiracy to e::nbezale the compensati.on
fund, :lf I should stipulate t b.at tho worlman ,..houl d be an-a. r d ed f"or the lo·ss· of
a leg bclow the 1meeo Since you mention the Rock Spr·i11gs Fuel Cor1r,any in your
letter~ I must make t he officers of that company u.na..;;:csta;.'ld that theJ have no
right, and would bo legally i•eprehensiblo, if t h ey should atte:npt to usurp the.

provl:nce of the courto

In our st.ipulatlons i.7 e state t ~1t_; f ucts ~·r-.:icb. a1"'e undisputed... We cannot stipulate fo:c d.isp~ted facts. We can.no t stip1uate that an a.wax·d be -given
for the loss of
lt:;;; belon tho knee trhen l'.:iayo Brothers say that the injury is
not even the loss of :i :fbot.. If t. e court decides that the workmant s injury i:
e qui valen't to the loss o::J a leg below the knee, unless appealE::d to th.e Supreme
Court» the judgi:1ent of the Dist:rict Court imparts absolute verityo But the
RoGk Springs Ii\lel Company e.n.d tho ·writer arc• not pl'otected in any such :r;1ai1ner,

The st:l.pulation, that we sign is only an in strument that the \:ri ter,
himself., instituted to enable injured vrork:1llen to get their awards with di spa tel
It has no stand.:Lng in la-r1., the statute provides for no such thing, azid 1 t vras

never intend~d to be used exceot in clear cases vhere there was no disoute.

maJ-~ say right here and now that I i,'ill never stipulate, @C:. I will q_ui t my
office l:&gt;efore I li'i.11 do it, for an injury the extent of which ·is· disputed. I
i7ill not place· L'lY self., even for the cos.l op or-a tors., ·1n a 1xsi tion -that I -may

I

hereafter be accused of grafting.

I tha.~k you vert-J much and from the bottom of my heart for the cons1de~
ation that you have personally extended. me in these matters, but in view of
your lett.er and in view of the fact that you tell De that the Rocle Springs Fuel
Compe.ny is coming to you and not to 1ne, and is s e eking to have the award stipulated "for the loss of a leg belor.r the knee 11 , I am forc·e d to malte defi:ni.te an
certm.n my orm position. The court muy make the award as suggested by you,
that is, for the loss of' a leg below the. knee, but I hope you can see that I
cannot stipulate any such th:tnz. I cannot usur12 or a.!l'ticipate in attempted
usurpation r1ha·t the court rn..11 award in a dispu"ed~se~ f7
v
Yours t e , i f ~t.--~#~-~~
-..,s•
'7

(

-·

�t!r.

S. 'l'.J.lia.f 0l'ro , Jr. :

~efor in;; to youx-s of 1.:-n rch 11th :

o:l;tc..chit~ llor ·:d.th a copy of t h e Co lliery Guard:i.nn: in t~'l ich n1~e cited
t-.::o co.sea in t;hich you riKi.y be in-to? sted , \;hich I ha ve m r ketl o n Page 139,

vlth ro~QrJ to
I

cofilp1J11Gatio _

0110.n

co.:;0 0,

pa rti cule.:rly t he l ast Oi.'le .

u~:t..::l, r:1.0r o cloocly i n -Lho fut.ur0 for decioio118 of ca0es

uhich con0 U:t_J u;7!:ler th e conpen sati on lc.-,7 , '::h:i.ch n r e p ut1.:i..shcd i z1 ?he
Coll i e ry ,un:i.'iii !..!.'11,

a 11

:i.f

3 30 anyi.. 11:i.a:•

':ki.o 1 I t h ink -~:i.11 l.lo of i :.te1·0st

to you, := 2 cll p- s.J E on to yon f o yo1,1· conn :td oratio n .

0rluin11l Sl!!ned ~

.

GEORGE B. PRVOt

\

V

l

/

�STAHOAJII)

FORM 2103

•-10,00CI

SUBJECT:

UNION PAClflC COAL COMPANY
'
Rock Springs, Wyom~ng . _
~

I

Attorney

,

i9.33

1..1 t ' l

March 11, 1933 ,
I

IN REPLY PLEASE REFER TO
i
NO.

G.":":; I ,

Mr. George B. Pryde
The Union Pacific Coal Company
·Rock Springs, Wyoming
Dear Sir:
You told me that you had observed an article
somewhere in which some remark was made, I think it
was in England, that a surgeon's duty was to state the
extent and nature of the injury, and not to attempt to
fix the amount of the award.- I wonder if I --coul-d , get
hold of the article.
~

-

•

I am sending you a copy of the motion that I
am filing vJi th the court in reference to the employee

of the Rock Springs Fuel Company.
I would be very much surprised if Mayo Brothers
will ever consent to the proposition that the workman's
foot ought to be cut off. If these surgeons do not stop
their "monkey work 11 , I Will ·offer to pay out of my own
pocket the expenses of the amputation of this man's foot,
so as to make him a better man than he is now.
Yours truly,
,-0

7

I

V

!r·•·--·/ '~

,.

;/

I

TST:H

-}

�lflli STATE O:t? W
.YOllING~ SS

Ill TfiE DISTRI&lt;,;T COU;RT

COUN:C·Y OF SWEETWATER)

IN TBE IJATTER art THE PERSON.tJJ

umuz; Bnployee

HlJURY :i'O UHU ~UE

of Rode Springs Fu.01 Company,
Superior, ·wyoming.

Comes now the employ0r and represents to the court that on or

about the 12th day of February 1 1931)) the workman claims to have fracture,

his left ankle, while actively e~ployed by the Ro~~ Springs 17uel CompanyJ
in .extra-hazardous Employment.

That the workman was tTeated for ~he inju:

by Mayo Brother~, surgeons, of Rochester, Minnosota., Doctor M. _H. HBnder$1

Head of the Orthopedic Department, Hayo Brothers, Rochester, ~U;nnesota,.

being the surgeon actively in che.rge.

That the injury was only to the

foot and did not 0xtend above the ankle jointso

That t he foot was not

amputated, but on tho contrary, v.;'1 th some lameness the workman is walking

upon said foot.

That certai11 surgeons, at the request of the County and

Prosecuting AttorneyJI have signed a written statemont, of vrhich the

follomng is a copy:
DRS. L.AUZER &amp; BA.i.1\JDERS

Rock Springs, Wyoming
March 1st, 1933
lir. Joseph n. Galicich
Attorney at La\7

Rock Springs, Wyoming
Dear Sir:
In comp1~ance w.1.th your re~µest,

Enr:1.(.Iue -Mum.;.,;:, ·-an - e!llp.loyee

we have exam~ned

of -the Rock Springs Fuel Company

injured February- 12th, 1931.

We fine upon examination that'

he sustained at that time a compound commknutecl fracture of

the left astr~galus as well as a compound fracture of the

tip of both tne internal and external malleolQs.

The result of the injury has been a total loss of
the astrag~lus and a complote ankylosis of' the ank1e joint ..
The foot tnat ret::iains 1 s inv.e rted and painful to pressure,..
Ile has boon advi.sed that a better result would be, as
far as com.fort to h.ir.:iselr is concernad, an amputation above the
ankl.e Joint.; and an art1.1'1.cial. .foot applied.

�As a result of the accident., we feel tnat the

compensation he is onti tlec1 to is the loss of the leg below

the knee.

Yours ver, truly,
Ii., J. ARBOGAST, M.. D.
0LIVDI:1 CH.8HBERS, rn.D.

It is sugge sted to the court that the state;nent of said surgeons
invo.des the province of the court, and is an attempt on the part of said ..
surgeons to anticipate the award herein.
I

Tb.e ~player moves. the court that the court make an order requesting rJuyo Brothors, r;ho treated t 1e \;·orkmw, nnd r1ho foreboi-e to amputate

his foot, by au 01 d0: o:t-t.lla coar~, to ouk.e e. :::ta-tc...,.en t to the court as
1

to

tl~ o nctu ,1 inj 1y,

1

OD!.)Gcinlly sotti :c:, f orth r::hether or- not any injury

�STA/!OAAO
IMt-10,000

FORM 2103

SUBJECT:

THE UNION PACl'FIC COAL COMPANY

Rock Springs, Wyoming
Attorney

IN REPLY PLEASE REFER TO

·March 9, 1933

NO,

Mr. George B. Pryde
The Union Pacific Coal Company
Rock Springs, Wjuoming
Dear Sir:
Please note letter which I have written to John Lucas.
all right, but he gets off on the wrong trail.

Lucas is

The surgeons are not agreed in this case, but I do not want to put
some of them in a bad light ~~th the union. This is a thing that John Lucas
never thought of.
But what is more to the point, these doctors have gone beyond the
surgeons' province and are attempting to fix the award, which can only be
done by the court.
The injury is to the foot; let them say what percentage the injury
is as to the foot. It is immaterial whether it is 75%, 100%, or 125%, but
I shall insist upon the court making an award in reference to the foot, and
not in reference to a leg, or t wo legs, or permanent total disability. If
we should surrender this principle, the surgeons would set precedents for
the courts to pay an award stating that an injury to the foot bears relation
to permanent total disability, and you can see where we would get.

I do not pretend to say what award this workman should receive. I
am going to investigate it, as I tell Lucas, in the letter, but the award
is goirg to be based upon the injury, and not upon a member of the workman's
body which was not injured. I have statements in my office that there was
no injury to this workman above the ankle, hence whatever the injury ls, I
am going to protest that it must be limited to the consideration of the
injured foot, whether it be 75%, or 100%, or 125%. That is for the court to
say.

I wish you would try to explain this to Lucas, and tell him that he
is doing a real harm when he, a layman, undertakes to discuss these questions
with those who represent the workmen. If for no other reason, he is getting
his wires crossed· with mine.
Yours truly,
.,,,/ 0

/2' ./'...•

,

TST:H

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/'..1 l,...J &lt;::-·- ~·-- - ., - . ..- ,·.:···,_

v

�Uro John Lucas, President

Rock Springs Fu el Comp any
Ro ck Sp ring s, v:yorning
I a r e ~a s e of En r i que Muniz

Dear Sir:

I have you r l et t er of Jarch 8t h:
Of course the St a t e Tr easnr er mll see that the final judgment of the
court is awarded to t he wor·lcr.aan . Ti;fe question is, wha t final ordez· should the
court make? The camp surgeon s ci.o no t 1•ep resen t t he co al op e:cators, th0y are
the employees of the coal mi ners, and i t i s qui t e e ss enti al t ha t the operators
state : their position to the court, as wel l a s the employeGs of the coal miners.

I have given th e i'1 uni z cs.s e e. goo d deal of t hou gh t, and 1av e spent_
much time in t h e lnvestigation ·o f t he i n jur y,. an i I t hink perhap stJhat 0J .... ~ i'n • •
a better po si-cion to determine v.rha t a ct ion should b e t ak0n before,,fc'n.a.i:~ ~ti. are •.

If th e Rocle S;i ring s· Fuel CoruP,any v;ere only i nt e re s ted in this ,m atter,
I would gladly surrender t h e nhole nat t er i nto your han ds . But unfortunately
the sound, r Gasonable, and legal administration of the whol e t heory, law, force,
and effe ct of qompensa tion awards are involved., und one operator should not set
up a rul e ,for hi msel f a t t h e exp 0-.i:1se and d:1.sorg a:..riiz ation of -the entire law. The ,
trouble a,bou t t his ca s e is t hat you 'do not lmo•1y t he situa tion. I ccJ,n tell that •
from your· l e ttero If three doctors should be allo ved., on their own motion, to
s ay that a ma..TJ. has l os t a f oot.il when h e i s still Vlal king on it, and give an
ar1ard for t h e loss of a l eg J) then t hree doc t ors, upon t he loss of a leg, can
decl a re t ha t t h e . . -:-o rlme. .n .:s totally, :p e rmanen tly disabledo

I do not mean t o say that t h e workman shoul d not be avmrded e.n amount :
e qual t o \1ha t the doctors say, but the sta t e_:Jent used by the doctors and their '
method are entirely Viron.g o All the doctors in v:yoming have no right to say that
a man is to rec•e i ve an a ward for t h e loss of a leg, when he has lost neither foo~
nor leg, and that kind of loose ~ractioe, loos e t h eory, and 111eg~l app roach '7111
lead to □ any errors.
.
1

l

I t is my intention, as I have v.rri tten to Galicich, to take this matter
. up with l'iayos, a t Rochester, l'Jin."lesota, and to find out from the surgeons ttho
performed t h e op eration what they say of the si tua.tion -.
Evidently you a re in communication 1-v.l.th the Count;y Attorney 3.lld dis••, ·_cussing \;j. th him the matters that you shoul d discuss m. th me. I think you must
_see in t hi s that you a.re not only doi11g the Rock Springs Fuel Company a wrong.,
•but you ~r E: doing The Union Pacific Coal Company a wrong, and I aiII c1ui te sure
• that the Southern Wyoming Coal Operators Association would so consider 1 t., if
t~e facts we re known . . I ar..i s ending a copy of' this letter to ~! r. Pryd.e, and I am
a sking hir.i to explain furth er w.r.i.y he thinks that these natters ought to be taken
up by the coal op &lt;1➔ rators ;"rl. th me, and not m. th th.s County Attorney, r;ho is by la
the attorney for the coal miners.
•

_ _
0

\

CC-Pryde

I

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                <text>The Union Pacific Coal Co.</text>
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