https://haylibrary.cvlcollections.org/files/original/7ca1cfba346e7779995419e6c11c62ea.pdf 23d8f97a7661403758d659b2463223b5 PDF Text 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<ien c e in lts re9orts. The Do ard is t ..ot f'unctioninb in the ,ay th&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:>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> 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& 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.:> 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 <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 &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&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 &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&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->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 & 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&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&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<?., 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> 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>: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<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<;.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:>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<,;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 & 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 ' . y ~ /'..1 l,...J <::-·- ~·-- - ., - . ..- ,·.:···,_ 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 <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 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Union Pacific Collection Description An account of the resource 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 <a href="https://www.uprrmuseum.org">Union Pacific Museum</a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Workmans Compensation Rock Springs Fuel Company 1933 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1933 Subject The topic of the resource Workman's Compensation, Rock Springs Fuel Company, 1933 Description An account of the resource Letters discussing the workman's Compensation involving Rock Springs Fuel Company in 1933. The papers are held together by a brass pin. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource John Lucas, T.S. Aliaferro, George B. Pryde, T.S. Taliaferro. Jr. Identifier An unambiguous reference to the resource within a given context 1-0212 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.