https://haylibrary.cvlcollections.org/files/original/d3d748b88a9a04948e8d550e1c9bc0aa.pdf 9986dfc3cc1833f422835f30a677c8ff PDF Text Text Special File Noe 184 WORKMEN'S COMPENSATION Individual cases involving - DIAIDND COOL & COKE COMPANI 1~35 �f. ,· I· k ( .. /~UG l 1935 \. . 4.. Mro Go Bo Pryde: L File 011-311 . . / ; (){ 'Omaha., August 16, 1935. 'I I have copy of Mro Taliaferrots letter of August 9th to Mro To Co Russell., forward ed by Mro Bayless through you., same relating to attempt to reopen case of Augus~- ~1l1:~~on_en: I would urge that every possible effort be made to succ:.essfully contest presentations of this sar:>to ,, .,..,v/' CC: Mro T. So TaliaferroP Jro lj �Rock Springs - Aue,ust 14:, lir . Eugene McAuliffe: Rer erJi th letier from lir. Taliaferro, with attached copy of letter he \note to .Jr . Ru.se ell. tlr . Tali 1;:1.f e:r:ro asked that I send this to you. You v1ill recall that ue tried to g et this law amended in t e last Legi s l a.tu.re , but could not g et any\7here. • I have d i s cuseea t h is @atter vJi th M.:Y: . .Talif1ferro, and he regards l t o.s c.. quit e seri ous si.t u atio~ . \ �_oc: Spri n~s - Aug . 10, 1935 . A-!: t.:·, c:iicd l etter fro 1.!i -.~r . Tc::, li c1,f er r o , to .::,: et he r ':it , coyy of l et t e1~ ".Tit ten by L .. . Ta l i aferro e._; r ee ·.•ith I:_ . ~2. l i2.fe_ ro ' G o,t titu cle in t l·.i s n e.. t ter l'..::c: t l:.i nk thc.,t if t lle1~c i::.; c 2.n co t o 2, s::,i.:; t 0.11 ·th in:::; i n !n· eveEt~n"' the r e-o peninc; of olo. c lo s ed. cor:1__:e100..tion c c. De"' n e should d o s o o '..' i l l yo n y l c .."s e ) c.E, S t l1e file to E r o ··: e �COPY THE UNION PACIFIC COAL COMPANY Office of Rock Springs, Wyoming Attorney August 9, 1935 Mr. I. N. Bayless City Dear Sir: '!he inclosed letter to Mr. Russell may be of interest to you. At any rate, I wish you would pass it on to Mr. Pryde and Mr. McAuliffe, because the matter of this statute was considered by them during the last two sessions of the Legislature. The matter is particularly interesting because the County Attorney told me he was going to open up a judgment of years ago in reference to a Cumberland miner, and I have heard of t,10 other cases in which an attempt is going to be made here in Rock Springs. Yours truly, (Sgd.) T.S. Taliaferro,Jr. TST:ga �l.ilJJ:' l August 9, 1935 Mr. T. C. Russell, Ass't. Mgr. Coal Department Anaconda Copp er Mining Co. 304 North Main Street Butte, Montana Dear Sir: Ackno,,l edging receipt of your letter of August 5th: I have before me the files obtained from the Clerk of the Court at Kemmerer in the accidents to August Mustonen, one occurring October 27, 1930, and the ather occurring October 2nd, 1925. This claim is being agitated by a man by the name of Dan Pallie, of Rock Springs, who is undertaking to induce workmen, whose compensation claims have been settled by final awards, to petition the court to reopen the judgments, under claims somewhat akin to the one that August Mustonen has filed with the court. In 1931 a commission of three lawyers brought in a revision of the Wyoming Statutes. These "revisioners" unwittingly, I think, caused the Legislature to repeal the statute, fixing one year as the limit within uhich "new trials" could be had and judgments modified because of "nerrly discovered evidence". In the Legislature of 1933 and in the Legislature of 1935, I tried to have the omitted statute restored by the Legislature, but the bills failed of enactment, not because there was any objection to them, but because it was difficult to get a sufficient number of members of the Legislature to see the importance of restoring the law, with the result that the bills lost out in the rush of busi11ess toward.a the end of the forty day term. During the Legislature of 1935, there was a consultation between the coal operators and the union officials at Cheyenne, and for the first time, Dan Pallie, and his associates, became aware of the unintentional mistake of the revisioners in 1931. Now the limitation of one year in which judgments may be opened, on account of the discovery of new evidence" is a general law, and was the law of the State of Ohio in 1886, when the Legislature of the Territory of Wyoming adopted the Civil Code of Ohio. 0 However, there are many cases now being th~eatened because Dan Pallie and his associates have discovered that the �- 2 - lirnitation was abolished in 1931, and they think that many cases are to be reopened under the claim that "new evidence" has been discovered, showing that the final settlements of years ago did not represent the full measure of the injuries. Of course, as men have gotten old, and weak, they are prone to claim their ailments are the result of their work, rather than the result of their age. The writer is getting quite weak, but he knows it is his age, and not any overwork that he ever dido Since receiving your letter, I have been giving this ' matter additional investigation, and I am inclined to think that notwithstanding the repeal of the statute, that these cases, which were settled ·t hree or four years ago, ~th stipulations, signed by both the employers and the employees, which is the situation in the Mustonen case, cannot be readjudicated by the court. In your case I have filed a "Special Appearance" in the court obj acting to the courts considering that the Diamond Coal and Coke Company has been brought under the jurisdiction of the court. I am inclosing a copy of this letter, if you care to pass the copy on to Mr. J. V. Dwyer. Yours truly, (Sgd.) TST:ga cc-Bayless, Pratt & Dwyer T. s. Taliaferro, Jr. � 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 Workman's Compensation Diamond Coal and Coke Company 1935 Rights Information about rights held in and over the resource CC BY-NC-ND Date Created Date of creation of the resource. 1935 Subject The topic of the resource Workman's Compensation, Diamond Coal Company, Coke Company, 1935 Description An account of the resource Letters regarding workman's compensation involving the Diamond Coal Company and Coke Company in 1935. Type The nature or genre of the resource Text Creator An entity primarily responsible for making the resource George B. Pryde, T.S. Taliaferro Jr. Identifier An unambiguous reference to the resource within a given context 1-0214 Publisher An entity responsible for making the resource available The Union Pacific Coal Co.