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TIEID

l_

68th Year, No. 16

A ugust 15, 1957"

T wice a Month

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1

�c 2

U1iited Mine Workers J ournai

irk irs of
!lalli:N L LEWIS President
"°" d l\l~e Worll:~rs• Building
Wnshington 5, D. C.

JOHN OWENS, Secretary-Treasurer
United l\line Workers' Builcllng
Wash;ington 5, D. C,

TH Ol\iAS KENNEDY, Vice President
United l\line Workers' Building
\Vashington 5, D. O.

DISTRICT
SECRETARY-TREASURER

INTERNATIONAL EXECUTIVE BOARD
l\IEl\IBERS

DISTRICT PRESID~ N~

;::---rict 1 . - - JOHN KMETZ, 165 S. Franklin St.,
Wilkes-Barre, p.,._a_ _ _ __ _
~rict 2___ JOHN GHIZZONI, 521 W. Horner
St., Ebensburg, Pa _ _ _ _ _ __
trict 3 ..- -

AUGUST J. LIPPI, 165 S.· Franklin
St., Wilkes-Barre, Pa _ _ _ __
JOHN GHIZZONI, 521 W. Horner
St., Ebensburg, Pa. _ _ _ _ __
EWING WATT, 106 W. Otterman St.,
Greensburg, Pa ____•_ _ __
WILLIAM HYNES, Gallatin Natl.
Bank Bldg., Uniontown, Pa ..·--····- ·JOHN P. BUSARELLO, 938 Penn
Ave., Pittsburgh 22, Pa. _ _ __
ADOLPH .PACIFICO, Room 702, 85
E. Gay St., Columbus, Ohio _ __
MARTIN F. BRENNAN, 204 United
Mine Workers' Bldg., Hazleton, Pa.
ELIAS DAYHUFF, Coal City, Ind,.__

I

===:::;trict 4 - - WILLIAJVI HYNES, Gallatin Natl.
Bank Bldg., Uniontown, Pa.·-·-····-·-·
,.._strict 5_ _ JOSEPH YABLONSKI, Clarksville,
Pa. - -- - - -- - - - - - """istrict 6..:_ ·_ PETER PIIlLLIPPI, Box 194: Cadiz,
Ohio - __•_ __ __ _ _ _ __
Oistrict 7.- - DAVID J. STEVENS, Lansford, Pa.
:::&gt;istrict s__

_

WILBERT KILLION, Brazil, ma. __

0

merec

DAVID CUMMINGS, 165 S. F ra nklin St., Wilkes-Barre, Pa.
EDWARD SWEENEY, 521 W . Horner St., Ebensburg, Pa.
EWING WATT, 106 W. Otterman St.,
Greensburg, Pa.
MICHAEL HONUS, Gallatin N atl.
Bank Bldg., Uniontown, Pa.
JOHN SEDDON, 938 Penn Ave.,
Pittsburgh 22, Pa.
RONALD 0. OWENS, Room 702,
85 E. Gay St., Columbus, Ohio
DAVID J. STEVENS, 200 United
Mine Workers' Bldg., H azleton, P a .
ARTHUR LINTON, Route 5, Brazil,
Ind.
JOSEPH KERSHETSKY, 508 Dime
Trust and Safe Deposit Co. Bldg.
Shamokin, Pa.
SAM NICHOLLS, Box 299, Renton,
Wash.
RALPH DAY, 301 N. Eighth S t .,
Terre Haute, Ind.
EDWARD GIBBONS, United Mine
Workers' Bldg.,. Springfield, Ill.
FRANK D. WILSON, United Mine
Workers' Bldg., Albiaj Iowa
HENRY ALLAI, Box 436, 317 Pro
fessional Bldg., P ittsburg, Kans.
FRED HEFFERLY, 210 Wilda Bldg.
1441 Welton Street, Denver 2, Colo

JOSEPH KERSHETSKY, 508 Dime
Trust and Safe Deposit Co. Bldg.,
Shamokin, Pa. _ _ _ __ ___ _
SAM NICHOLLS, Box 299, Renton,
District lQ_ _ SAM NICHOLLS, Box 299, Renton,
Wash.
Wash.
District 11-- LOUIS AUSTIN, 2504 N. 13th Street, ERNEST GOAD, 301 N. Eighth St.,
Terre Haute, Inrl,..__ _ __ _ _
Terre Haute, Ind. - - -- - - District 12_ _ JOSEPH SHANNON, 212 S. 18th St., HUGH WHITE, United Mine Workers' Bldg., Springfield, Ill. _ __
Herrin, Ill.
District 13_ _ FRANK p. WILSON, 1305 S. Main FRANK D. 'WILSON, United Mine
Workers' Bldg., Albia, Iowa. ..._ .__
St.. Albia, Iowa - - - - - - District 14__ HENRY ALLAI, Box 436,317 Profes- HENRY ALLA!. Box 436, 317 Professional Bldg., Pittsburg, Kans,---~----·
sional Bldg., Pittsburg, Kans•- · --·
_District 15__ FRANK HEFEERLY, 210 Wilda FRANK HEFFERLY, 210 Wilda
Bldg., 1441 Welton Street, Denver
Bldg., 1441 Welton Street, Denver
2, Colo.
•
2, Colo.
District 16__ JOHN L. MAYO, 35 Clark-Keating JOHN L . MAYO, 35 Clark-Keating JOHN L. MAYO, 35 OClark-Keating
Bldg., Cumberland, Md. - - -~
Bldg., Cumberland, Md.
Bldg., Cumberland, Md. - - - R. 0 . LEWIS, Box 1313, Char1eston,
District 17- .. R. 0. LEWIS, Box 1313, Charleston,
R. R. HU1\'1PHREYS, Box 1313
Charleston. W. Va.
W. Va. - -- - - -- -- W. Va. - - - - - - - -- District 18__ ROBERT LIVETI, 102-103 P. ·B urns ROBERT LIVETT, 102-103 P. Burns EIDWARD BOYD, 102-103 P. Burns
Bldg., Calgary, Alberta, Canada.____
Bldg., Calgary, Alberta, Canada....Bldg., Calgary, Alberta, Canada.
District .19_ _ _ JAMES W. RIDINGS, Box 521, Mid- JAMES W. RIDINGS, Acting Presi- l\LBERT PASS, United Mine Work
dent, Box 521, Middlesboro, Ky. _ _
ers' Bldg., 210 N. 20th St., Middles
dlesboro, Ky. ·- - - - - - - boro, Ky.
District 2Q__ WILLIAM MITCH, 517-522 Comer, WILLIAM MITCH, 517-522 Comer
Bldg., Birmingham, Ala. _ __ _
Bldg., Birmingham, Ala. - - -District 21.__ DAVID FOWLER, 415 Metropolitan
DAVID FOWLER, 415 Metropolitan
Bldg., Muskogee, Okla. _ _ __
Bldg., Muskogee, Okla. - - -- District 22.__ MALIO PECORELLI, 428 Railroad
ARTHUR BIGGS, North Side State
J. Utah
E. BRINLEY,
P._
0._
Box
272,
Price,
_ __ _
__
__
_
Ave., Helper, Utah_ _ _ _ __
Bank Bldg., Rooms 318-21, Rock
Springs, Wyo.
District 23-- ED J. MORGAN, Madisonville, Ky,__ _ ED J. MORGAN, Madisonville, Ky._
JESS LOVELACE, Box 552, Madi
sonville, Ky.
District 26__ JOHN H. DELANEY, 340 King Ed- THOMAS McLACHLAN, McDonnell MICHAEL HIGGINS, Box 45, Mc
ward St., Glace Bay, N. S., Canada
Donnell Bldg., Glace Bay; N. S .
Bldg., Glace Bay, N. S:, Canada_.
Canada
District 27__ W. A. BOYLE, Box 1257, Billings,
R. J. BOYLE, Box 1257, Billings, R. J. BOYLE, Box 1257, Billings,
Mont.
Mont.
Mont.
District 28__ CARSON HIBBITTS, Box 311, Nor- CARSON HIBBITTS, Box 311, Nor- · CARSON HIBBITTS, Box 311, Norton, Va. _ _ _ _ _ _ _ _ __
ton, Va.
•
ton, Va. - - -- -- - - - - J. CARL BUNCH, Secretary-Treas
District 29 ___ _ GEORGE J. TITLER, Chilson, Ave. GEORGE
J. TITLER, Chilson Ave.
urer, Box 511, Beckley, W. Va.
at Raleigh Rd., Box 511, Beckley,
at Raleigh Rd., Box 511, Beckley,
W. Va. - - - - - - , - .,,.: - - - - - W. Va. - - -- - - - -- - SAMUEL H. CADDY, 1408 First
District 3Q __
SAMUEL CADDY, 1408 First· Natl.
Natl. Bank Bldg., Lexington, Ky.
Bank Bldg., Lexington, Ky. --- - District 3L_
CECIL J. URBANIA:K, Box 312,
CECIL J. URBANIAK, Box 312, L. CLYDE RILEY, Box 312, Fairmont, W. Va.
Fairmont, W. Va. _ _ _ __ _
Fairmont, W. Va. - - -- - 0. B. ALLEN, l,435 K St., N.W
District SQ__ A. D. LEWIS, United Mine Workers' A. D. LEWIS, United Mine Workers'
Washington 5, D. C.
Bldg., Washington 5, D. ·C - - Bldg., Washington 5, D. C'va---

!!District 9_ _

JOHN J. MATES, 125 Tunnel St.,
Williamstown, Pa _ __ _ _ __

'..

INTERNATIONAL AUDITORS

V. WOODS, Norton, Va.
UJ]jton, Pa.

INTER:NATIONAL ':!'ELLERS

JOSEPH WOODS, Scranton, Pa.
CLYDE W. RUNIONS, Lochgelly, W. Va.

UNITED MINE WORKERS JOURNAL
JUSTIN McCARTHY, Editor
REX LAUCK, Ass'lstant Editor
1437 K Street, N. W.
Washington 5, D. C.

�ec,al A,·ea Represen-;-atives

'
Thanks to the votes of coal area Congressmen-Dem:ratic and Republican-the House of Representatives on
rngust 9 defeated legislation to force Federal construehon and operation of atomic energy plants to produce
---.:;nectr icity for commercial purposes.
The action was a victory for adrnipistration forces.
~t str ipped from the 1958 Atomic Energy Commission
a ut horization bill a Democratic program calling for the
oexrpenditure of $55 million to build such nuclear reactors.
"The administration pr ogr am calfs for private construction of atomic power plants with ~ome assistance from
t he government .
~
~

I

This Is A Brainy
Story
;

Sen. Robert S . Kerr (D., Okla.) seems to be quite pleased
with himself for saying that President Eisenhower doesn't
have any brains. He · now says that nothing he has said
before has provoked such ·widespread and enthusiastic public response.
"The reactions by telephone, telegram and letters have
definitely reinforced my convictions against aclministr;ition
fiscal policies," Kerr stated.
In an exchange on the Senate floor with Sen. Homer
,Capehart (R., Ind.), Kerr said: · "No man can help Eisenhower study the fiscal policies of this government, because
one cannot do that without brains, -and he does not ha\"e
them."

Robert E . Ho we, director, Labor's Non-Partisan League, paid
specia l honor to the coal area Congressmen who, he said, "stood
u p agains t a barrage of criticism and pressure from their colleagues and the Democratic l eadership."
came out belatedly in favor of the Senate bill on August 13, apHowe called the Democratic "crash" construction program a . parently realizing that the position of the UMWA and the railplan to do furth er injury to t he coal industry. He said the Demoroad brotherhoods in support of the Senate bill was correct.
cr atic proposal was "purely political legisla~ion."
Basically, the continuing struggle in the House is between
"Democrats from coal a r eas provided the necessary votes to the Democratic and Republican leadership. Rayburn wants the
defeat t his extravagant and unnecessary measure," Howe said. H'ouse to accept the bill in substantially the form it was passed
"The coal miners owe a deot of gratitude to these Congressmen." by the Senate. House Republican Leader Joseph Martin of
The Democratic R epresentatives who defied their party lead- Massachusetts thinks the legislation should be killed rather than
ership on thi~ issue are:
•
accept the Senate's version.
Cleveland Bailey, Robert Byrd, l\'lrs. Elizabeth Kee, Harley O.
The civil rights bill has also gotten entangled in the battle
tagger s, all of West Virginia; Carl Perkins and Willinn:t Natcher
over foreign aid spending. Some House Democrats • are reof Kent ucky; Frank Clark, Daniel Flood, Thomas .Morgan, Fran.._ ported to have suggested they might vote for higher foreign aid
cis Walter, all of Pennsylvania; Winfield K. Denton of Indiana; spending-favored by the President-if Republicans would support
n:cnneth J. Gra'y of Illinois, and W. Pat Jennings of Virginia.
the Senate's version of the civil rights bill. The idea was quickly
R epublican Representa! ives fi:om coal. mining districts who rejected by· the Republican leader in the Senate, Sen. William
led the fight against the "crash" progr~ are · John P. Saylor, F. Knowland.
Ivor D. Fenton, James E. Van Zandt, all of Pennsylvania; WilThe President has been putting the "heat" on Congressmen
liam G. Bray of Indiana, and Arch Moore of \Vest Virginia.
to prevent furt1'er cuts in his nearly S4 billion foreign aid proThe legislation, as approyed by the House, provides $336,- gram. He has urged Congress not to cut the program below
851,000 for the AEC-minus the $5!5 million to build pow~r $3.4 billion.
•
plants.
The -0nly feature of the Democratic program left intact was
Senate Approves Foreign Aid
a $3 million authorization for design work on a large-scale reThe Senate, on August 13, voted in favor of the $3.4 billion foractor ·t o produce plutonium for w.eapons and possibly for useful eign aid program. This is the authorization bill that had been
heat.
.
worked out by -a conference committee of the House and Senate.
What action the Senate will take is a question. But if it • It provides about $500 million less than the President requested.
restores the Democrats' "crash" program the legislation could ~ouse approval of the $3.4 billion bill was expected. With House
die in c·o nference or be vetoed by President Eisenhower.
approval the bill ·will go to the White House for the Pi·esident's
It is now predicted that Congress will adjourn by Septem- signature.
ber 1.
.
There will then be another battle over the question of actually
The principal issue that is holding up things now is the de- appropriating the money · as proposed in the authorization bill.
bate in the House of Representatives on the Senate's civil rights There are predictions that further cuts in the program will be
bill. ( Read editorial on Page J 0.)
made in the appropriations bill.
The bill approved by the Senate provides $1.6 billion in military
The proposed legislation is still a political football. Republi- aid to friendly nations, $700 million in economic aid to bolster alth
str
cans in 'the House are arguing that
ey want a " onger•: bill lieu armed s~ngth, $517 million in technical assistance and.othe~
-knowing full well that if the Senate's jury trial amendment special programs. It also makes a start on placing economic::=:::l
is removed the legislation will die in a filibu ster by Se.n ate Dix- aid on a loqg-range loan basis by creating a loan fund with au
iecrats. House Southern Democrats are arguing th at th ey "can- thority to make loans for the next two years.
not" vote for any eivil rights legislation.
The Coal Research Subcommittee of the House Interior an
Efforts to break the deadlock failed on August 13. An at- Insular Affairs Committee was still haggling over the Inngua~
tempt was made to send the bill to a conference comm~ttee of ~ to be used in a report prepared by subcommittee staff personn~
the .two Houses but this requires unanimous consent which was Rep. Saylor, who initiated the program, told the Journal
not obtained. An effort also was made to send the bill back to subcommittee ,vas arguing over proposed recommendations E:::j
the Senate ,vith a so-called comp_romise amendment that would carrying out what he hopes will be a sweeping research and = - - - i
have limited the jury trial provision to voting rights cases only. velopment program for both the bituminous coal and anthra
This was blocked also.
industries.
The legis.lation ·was referred to the ;I'Iouse Rules Committee
The Harris Natural Gas Bill, which is opposed by the
following ··the effor~· to -get some direct action on it. The com- industry and the UMWA, appears to have been success[
mittce is sharply divided on the ma~ter. Another roadblock is shelved for this session of the 85th Congress. Supporters of
the fact that the all-powerful Rules Committee is headed by Rep. legislation, which would free the gas industry from all Fe
Howard Smith (Dixiecrat, Va.) who doesn't want any civil rights . control, apparently have decided they don't have the votes u·_ __j
leg islation. However, if House Speaker ·sam Rayburn (D., Tex.)
House to get the bill approved. By putting a vote over unt·

can bring enough pressure to bea17 it is believed the Senate ver"'--~-slon_o

second session in January, the bill's supporters \Vill afford th - - - '

h bill.has a.~c-~h=an
'""=c'--""-'o=f,._.__a""s::.:s:.::;a"'gc;;e..;..- - ~ - - ~ --~ - ~- ~~ur
_ a..,.l.,,s;~a--s 2~~b;',.:~1!:al, mon~ to _"work" ,?n oppon~nts.

�u nuea

1v1 n i l!

w orllers_Journal

Augusfl 15, 195,,_,,_,
r5J

unfair competition from the gas industry. The industry has source which New York has." Harriman also noted t hat with
been dumpin,g gas at cut-rate price:&gt; into coal's m~rkets, whe:·e it is modern equipment power can be produced from coal in Pennsylbeing used as boiler fuel. The industry also 1~ conductmg an vania at a lower cost than power tra nsmi tted from t he Niaga;.
1
all-out drive to bring Canadian natural gas into coal m arkets.
River.
_
. -~ i
On this latter point, Rep. George Huddleston, Jr., (D., Ala.)
There will be no action on the tax front in this sess ion of
said on August 14 •that the Canadian gas importation would bring Congress as far as working people are concerned. The H ouse
widespread unemployment tq coal miners, impair the national did clear a ta,x reduction bill on the night club tax- cutting it
security and subject gas consumers to prices set by foreign pro- from 20 percent to 10 percent. Supporters sa id th is would be a
ducers and transporters.
boon to jobless musicians.
He noted that the U.i\iWA has "unselfishlv accept ed" me_chanMeanwhile, House Demorrats agreed .to consider incom e tax
ization' in the coal industry and added : "To a sk tJ1cse hard- cuts at the next session of Congress. Next year is an elect ion
working Americani:; t-0 sacrifice jobs unnecessarilr by bringing year for all House members and a t hird of the Senate so it is
to this country a fuel that is not needed would be cruel and in- obviously politically expedient to talk about tax cuts as close
sufferable.''
to election time as possible.
That the administration's half-hearted effort t o get the interThe Senate has passed and sent to the House a bill that would
national oil cartel to restrict foreign oil imports is faili~1g is in- sharply limit the fast corporation tax writeoff program for t he
dicated by the flat refusal of some major companies to go a long next two and cihe-half years and then ki ll it entirely. In t he
with the program.
past seven. years of t his program, thousands of rapid amortiza tion
But ·the administrator of this so-called pr ogram , Navy Ca pt. certificates have been issued covering $23 billion wor th of new
M. V. Carson, Jr., is still viewing the sit uation thr ough roseplant and equipment . Under this pro-big-business program part of
colored glasses. He thinks it will work.
the cost of new fa cilities judged essential for defense would be
Proposals for depressed areas legisla tion wil! not be a cted on wr itten off· against Federal taxes in five years instead of the
in this session. But hearings on pending bills are being set for
usual 20 years.
the second session.
\
Any restrictive legislation against welfare funds appears to
The Senate, ·on August 9, passed and sent to t he House t he dis- have been shelved in this session of Congress. H oweYer, it is exputed bill to permit .the Tennessee Valley Authorit y to issue pected that the McClellan so-called rackets investigation com $750 million in revenue bonds to expand its coal-lmr ning power mittee , will include restrictive proposals on welfar e funds in any
facilities. One important item in the bill requires TVA to pay the
legislation it proposes in the next session of Congress.
Treasury Department at least $10 million annually to r~duce the
appropriations investment in the a gency.
Re presenta tives II»on't W an~ 'l!))osd~sl811'&lt;a 9
Meanwhile, another vacancy has occw·red on the TVA board
The House of Representatives, which has been busy chopping
of directors due to the death on. August 7 of Dr. Raymond Ross
Paty. His death leaves only one active member on the three-man the administration's budget, balked recently at the idea of a cboard, retired Gen. Herbert D. Vogel. Arnold R. . Jones, who counting for the traveling e&gt;qienses of its own m embers.
The proposal to require Representatives t o account for t heir
has been assistant director of the budget, has been nominated by the President to fill the vacancy left by retirement of Dr. Harry spending of foreign currencies while a broad was embodied in a n
amendment to the foreign aid bill. It was defeated by a s tanding
A. Curtis. But the -Senate has yet to confirm.- the nomination. •
The Senate, on August 12, defeated a silly proposal by Sen. vote of 148 to 86.
Effect of the amendment would have qeen t o requir e comJoseph S. Clark, Jr., (D., Pa.) to bring hydroelectric power from
mittees using counterpart funds to budget such m oney t he same
the Niagara River power project into Pennsylvania and 9hio.
For some mysterious reason Clark contended that sending as other money when seeking their annual appropriations from
Niagara po,ver into Pennsylvania would hf!lp the coal industry. the House contingent fund. No recor ds now are kept, or at least
not available for publJc scr utiny, on spending of foreign i unds
He argued that by taking the hydroelectric power away from are
by traveling legislators.
New York state--where it is sorely needed-New York would
It might also be ·noted that the House Labor Committee is
have to use more Pennsylvania .coal to make up the difference.
Clark said this was "a matter of simple arithmetic." It apparently - seriously considering legislation to force de.taile_d disclosure of
d id not occur to him that the reverse alsu is a matter of simple welfare fund expenditures.
arithmetic. If more hydroelectric power is brought into Pennsylvania and Ohio it is quite obvious that those states will use U. 5. Corporations Have $1 06 Billion
~
less coal to produce electricity.
'
The ~ecurities and Exchange Commission r eports that net
Gov. Averell Harriman of New York earlier had rejected an working capital of Amer ican corporations on March 31 was .$106
appeal by Clark for support for the Clark amendment. Harriman, billion, a rise of $1.6 billion during the first quarter of 1957. Corwith considerable logic, told Clark in a telegram that Penn- porations reduced their holdings of cash and government securisylvania "is fortunate in having a rich natural resource in the ties by $3.4 billion during the first three months of the year to a
form of coal while water is the only power-'produ9ng natural re- total of $49.9 billion.

\,,:;~

I

COAL COl\li'~TTEE- This
is the coal research committee

of the House of Representatives
which is expected to report to
the House in ~he nea.r future on
results of cross-country hearings on the coal research bill
held eu.rlier this year. Seated
(left to right) are John P. Saylor (R., Pa.), author of the resolution authorizing the study; Ed
Edmondson (D., Okla.), chairman; and Wayne N. Aspinall
&lt;»-, Colo.). Standing nre J. Edgar Ohenoweth (R,, Colo,),
William A. Dawson (R., Utah),
Stuart L. Udall (D., Arlz.),
Olm Engle (D., Oallf.), and
Lee Metcnlf (D., Mont.).

�A Note Of Thanks To The Journal
Albert T . Allen of Los Angeles · writes to ~xpress his
anks to t he Journal for the articles printed concerning
President John .L. L ewis' statements _to the Senate and
House Labor Committees on the question of proposed wel· fare fu nd l egisla tion. Alien, who is 75, is a member of
L ocal Union 2971, District 6.
"Readin g t he s tatements," Allen writes, "we thought of
what a difficult pos it ion Mr. Lewis faced. We thought of
what a great r esponsibility he had to protect lc,J.bor's welfa re fu nds- not just for his own UMWA but for all labor.
in general."
Alien noted that many of the Senators and Repr esentatives are tra ined lawyers "with their m inc(s made up to
create more laws to meddle with welfare funds." He said
Lewi was con fronted with "many veiled questions and it is
amazing how h e was so successfully able to answer them to
t he ex ten t that m a ny of the Congressmen agreed there was
no need fo r more laws.
" It is some ambassador we have in President Lewis and
our rank a nd fil e should appreciate what a ment;u giant
we ha ve in our great leader."

UMWA To Held Scores Of Rallies
To Ce'lebrate Labor Day, 1957

UMWA Labor Day celebrations will be bigger and better than
ever this September 2, according to advance information recei\'ed
by the Journal from District and Local Union officials. Virtually.all
Districts have scheduled festivities of one sort or anot her, and
many Local Unions will stage smaller ral1ies. of their own.
Typical are the big ones being staged in Districts 28 and 30.
District 28 President Carson Hibbitts says that a big rally will
be staged at Norton, Va., with Special International Representative Paul K. Reed
the principal •speaker. A parade will
precede a large variety show, a beauty contest with the contestants sponsored by District 28 Local Unions, and presentation of
prizes to Local Unions with the best att endance.
Chairman B. B. Bloomer, Co-chairman Matt Combs and Secretary Noble Hobbs of the District 30.Labor _Day Celebration Committee forwarded a "dodger" to the Journal announcing that the
District 30 rally will feature · Sam Caddy, Jr., Secretary- Treasurer of District 30, as principal _speaker. There will be gate
prizes of a 1957 Oldsmobile, a Browning automatic shotgun and
fishing rod and reel, plus hillbilly and gospel singers, aerialists performing beneath a helicopter, clowns and a variety show.
Other Districts and Local Unions also ar e going all-out to
make L abor Day, 1957, a memorable day. Ali rallies feature
speeches. Many will have parades and picnics. All w ill be held
a~~ []={]a~i®~ !%@a~ ~©J~te$
i1o1:
in the spirit that this is labor's day to relax, get together and
cement the ' ideals that make America's labor movement the
~@@~ !fil@@~◊ 0$ ~ ~@Inl'u' A Y@ira
greatest on ear th.
•
Typical, perhaps, is District 31 _where Northern West Virginia
Ra ilroad freigh t ra tes were boosted again last week by the
Interstate Commerce Commission and, as usual, the already too- miners are joining with other organizations of labor to stage a
rally in Morgantown: A huge parade will be a feature--and so w ill
high r at es on bituminous coal were r a ised even higher. i
The genera l increases on freight rat es were 7 percent to the UMWA pensioners, who will distribute a new leaflet in their
Eastern and W est ern r a ilroads and 4 percent to Southern carriers campaign against the Monongahela Power Co.'s non-union coala bove "temporary" hik es already granted by the I c;c. The rail- buying policy. UMJV A Safety Director Charles Ferguson and
District President Cecil J. Urbaniak will be the featured speakroads had sough t even higher tariffs.
"Hold-down" provisions were . applied to several commodities, ers at a celebration of Local Union 40/7 in Grant Town,
among t hem soft coal, which was "held-down" to a maximum in- W. ·Va., where more than 1,000 miners are expected to be present.
crease of 15 cents a ton over-all . The new increases amount to Other Lo~al Unions in District 31 will also stage their own rallies.
Many other Districts also plan large rallies. Among them are:
5 cen ts on rail, 5 cents to tidewater and 3 cents and 2 cents on
rail-water -ra il movements. An over-all increase of 7 cents a ton
• District 11, Petersburg, Ind., where iJfichael F. Widman, Jr.,
will be put into effect on shipments of lignite.
•
assistant to l!MWA President John L. Lewis, will be the principal
The r a ilroads have long been fighting a losing battle against speaker;
t raffic declines by r a ising r ates. This pattern has been followed
• • District 12, Marion, ru., where Louis Austin, International
by all carriers since World War II until the present rate case Executive Board Member for District 11, will be the principal
when the Southern Railway announced that it• would not partici- speaker;
pate in the request for freight rate boosts but would instead
• District 17, two rallies. One at Whitesville, \V. Va., will
seek ways to keep its old customers and capture n·ew .ones at the feature Joseph Shannon, International Executit-e Board !,/ember
then existing rate levels. When the ICC's decision was made pub- for District 12, as principal speaker. The other, a t Smithers, W.
lic, the Southern stuck to its guns. It has raised rates on a few , Va., will feature a speech by Wilbert /(illion, International Execucommodit ies, but has published a long list of it ems on which rates - tive Board 1"/ember for District 8;
will not be increased. The Southern's competitors in ·the South 1
• District 19, Monterey, Tenn., features as principal speaker
have been forced to follow suit. Unfortunately, the Southern did Henry Allai, International Executive Board Member and President
decide to follow along on the 5-cent-a-ton coal boost.
of District 14;
Other lines should have thought twice before submitting their
• District 21, Henryetta, Okla., principal speaker, William
most recent r equest for a r aise. In arguing against the boost on JJlitch, International Board lflember and Preside11t of District 20;
coal, the National Coal Association told the ICC:
• District 22, Price, Utah, principal speaker, John Kmetz,
"(a) Since the war, freight rates on bituminous coal have International Board ill ember for District.I;
been increased more than have rates on all other freight and
• District 29, Pineville, W. Va., where District S. International
on all freight groups except one; (b) these rate increases. have Board JJlember Joseph Yablonski and District 29 President George
played a significant role in ~oal's declining share of the energy .J. Titler will speak.
market and have been instr umental in the loss of considerable
railroad coal traffic to competing transportation age:~cies and
methods; and · ( c) coal traffic is profitable and handling costs
do not justify higher rates."
Raih·oads now ·carry less than half of the nation's inter-city
freight tonnage. ·In 1930 they hauled more than 75 percent.
CONFffil\lED - Charles R.
More and more shippers are seeking other modes of transporFerguson's nontlna tion for a
tation because of increased rail rates.
ne,v three-year term as a
Enlightened leaders of the coal industry are capturing new
member of the Federal Coal
markets and holding old ones by shifting from railroads to coml\line Safety Boa rd •of R e,·iew
peting forms of transportation. For instance, the West Kentucky
hns been confirmed by the SenCoal .Co. has opened up a market in Florida for st~am coal by
ato. The Ul\lWA snfety direc'pushing barges down the Mississippi River and hauling them by
tor is now scn·ing h is third
tug across the Gulf of Mexico to Tampa where the _Tampa Electenn on the board, which was
t ric co. has converted from oil to coal on the bas1~ of cheaply
set up in 1952 under the F edproduced, cheaply shipped coal. Pitt~bur_g_l.t &lt;;ons?l1dati?n Coal
eral Coal l\llnc SnfC'ty Act.
Co. is moving coal through_ a 100-mile p1pelme m Oh10.
And so it goes, and so it will continue to go ~ long as the
nation's railroads co~ntinue to att~mpt to solve their fiscal problems by raising freight rates.
~

~ &lt;9J

as

�Don't Look Now, But The Cost Of Living
Is Up Once Again;. Other Economic otes
This is probably as neWS\vorthy as reporting that a
dog has bitten a man but the cost of living has gone up
agajn. The Federal government's index_bounced up another .5 of 1 percent in June to its tenth record high in as
many months. The increase, reported by the Bureau of Labor Statistics, now stands at 1,20.2 percent of the 1947-49 average, which is ·used as the base period. Food prices jumped
1.4 percent from May to June. All other prices measured
by the BLS also rose.
This June the index stood 3.4 ·percent higher than in June,
1956, and 4.8 percent higher than in March, 1956-the t akeoff
point for an almost continuous increase ever since.
BLS predicted that the July index will show another increase
because of boosts in the prices of fresh fruits and vegetables.
In the Senate, Sen. Albert Gore (D., Tenn.) charged t hat a dministration money policies were responsible for the continued
rise. He said the principal cause is administration act ion in
"pushing interest rates higher and higher, and faster and faster."
Other notes ·of interest on the U.S. economy:
Secretary of Commerce Sinclair Weeks predicted that 1957 will
wind up as "the best year ever in the history of our economy"
although "spotty" conditions persist in several industries. He
said th&amp; total output of goods and services ("gross national product") reached the record annual rate of $431 billion in the first
half of the year, up 6 percent from first-half 1956.
' Weeks said gove~ent spending . is a factor in increasing
living costs and must be controlled. He also said prices and wag~s
are chasing each other, and that is not healthy.

67 .2 MIiiion Have Jobs
On the employment front summer jobs for young persons and
on farms boosted total civilian employment to 67.2 million in July.
This is an increase of 700,000 workers over the June total . .
Some moderate job reductions were reported among adult
workers in the educational services and manufacturing, which the
government says is normal for July.
Unemployment for the month was three million, a drop of
300,000 in the total jobless figure.
•
Employment of non-farm workers, including domestics, the
self-employed and unpaid family workers, was up one-half million
for a total of 59.4 million.
Plant vacation shutdowns accounted for a drop of 300,000 in
non-farm employes to a total of 52.6 million.
Factory jobs dropped 180,000 to 16.7 million, more than the
usual seasonal slump. One of the largest cuts was in the automobile industry.
The factory work week--39.9 hours in July-was one-tenth of
an hour below the' June level and two-tenths below a year ·ago.
Average weekly earnings of factory production workers increased ~ cents to a total of $82.99.
State insured joblessness, which does not include student job
seekers, reached nearly· 1.4 million, a jump of 90,000 during the
month.
•
The Commerce Department, meanwhile, reported an increase
in June cash dividends paid out to stockholders of corporations.
The increase totaled $1,679,000,000-up 3.5 percent from June,
1956.
Senator Estes Kefauver (D., Tenn.) is heading a subcommittee looking into the problem of "administered price" boosts by
huge monopolistic corporations. The corporations are attempting to counter the probe by blaming organized labor for price
boosts.
An example of what the Senator feels is an administered price
boost is the recent increase of $6 a ton in steel prices, despite
lowered market demands for steel that should, normally, induce
lower prices.
•
The staff of the subcommittee reported that in 1954, 200 top
manufacturing corporations accounted for 37 percent of the total
dollar value added by manufacturing. This represented a seven
point jwnp over 1947 figures.
Several hearings on monopoly price increases are scheduled
for August with business, farm and labor organizations expected
to present their views.
A new study by labor economists shows that wages have

Social Security Disability 'Freeze'
Deadline Extended To July 1, 1958
Disabled workers 50 or more years old who want to receive Social_ S~curity benefits now have until J uly 1, 1958,
t? file apphcabon for the disability "freeze" to protect their
nghts t&lt;;&gt; old-age,_ survivors, or disability insurance, according t o
the Social Secw·1ty Administration. Previously t he law set a
deadline of June 30 this year.
The freeze is for the purpose of having the worker's r ecord
f~ozen t? ~rot:ct his future right to disability paymen ts and :ilso
his fanuly s rights to old-age and survivors insurance benefits.
!he "~reez~~ p_r:vents those years during which a severe and
mdefimte d1sab1hty keeps a person out of work from counting
against him on eligibility for benefits or on the amount of his
0
benefits.
Until the recent change in the law, a period of d 'sabili ty
could not be determined to have begun earlier tha n 12 months before application for the "freeze" unless the applica tion has been
made ~efore June 30, 1_957. For this reason, a disabled person
who failed to make claun before -the end of Jun e and who had
become disabled before January 1, 1955, would have lost his right
to have his Social Security record frozen because he could not
possibly meet the work requirements·. And without the "freeze"
he might have lost future rights because at the time he died
or became 65 he might not have had the required work credit.
The law as now amended gives those who were disabled pr ior
to January 1, 1955, until June 30 1958 to file applica tion for the
disability "freeze."
.
'
.'
Another amendment .provides that disabled veterans' S ocial
Secu_i:ity benefits will not be reduced because of compensation
received from the Veterans Administration for service-connected disability.
•
•
Rep. Carl D. Perkins (D., Ky.) and Rep. Elizabeth Kee (D.,
W. ·Va.) are trying tQ get Congress to make the same provision
for all disabled workers.
-

"They Are America" Exhibit Ope!iis
M&lt;;&gt;re than ~O outstanding and -prize-winning photographs of
American workingmen and women are currently on display in
the "They Are America" exhibit of the U. S. Labor Department.
Under ~e_cr1:tary of Labor James T. O'Connell officially opened
the exh1b1t m the Labor Department building for public viewing.
Among embassy -labor • attaches at the opening was Patrick
Co11roy of Canada, a former vice president of U ilfWA District I 8.
Coincidental with the exhibit, the department issued a report
under the same title and written in a popular style which discusses . major problems facing American workers in the next
decade and describes the department's role in helping to solve
those problems.
_
"They Are America" discusses:
The ski~ P:&lt;&gt;blem in America; with - improving technology
and expanding industry comes an ever-increasing need for skilled
workers;
The plight of the older worker-over 45 years of age--and
what the Department of Labor is doing t.o help;
Discrimination in employment and efforts to eliminate it·
Training needs of youth, tomorrow's skilled craftsmen; '
The social programs which are built into our society to provide
protection and security for those in need;
.
.
The safety and health standards developed and fo§.tered by the
Labor Department;
,
Law enforcement to protect the worker, the fair employer,
and the p~blic;
Foreign exchange programs of the Labor Department, and participation in the International Labor Organization;
And the economic state of the nation.
The book can be purchased from the Superintendent of DocUl'l'.lents, U. S. Government Printing Office, Washington 25, D. C.
It. is (?O cents a copy,
•
lagged behind prices for the last ten years and are still trying to
catch up.
The study uses Federal government figures to prove its case
against the corporate propaganda that labor ls responsible for
price increases. A BLS report shows that labor costs in the 194756 period were lower than price rises for every year prior to
1956.
-

�August 15, 1057

dgew ter, Go .
~e ti111e8$ f a

United iv.line Workers ·Journal
D

ones -

• .

ID

hies

Top coal-division honors in the 1956 National Safety Competition -have been awarded to Edgewater Mine, Tennessee Coal &amp;
Iron Division of U. S. Steel Corp., Wylam, Ala., and Goodspring
Mine, Penag Coal Co., Goodspring, Pa., the U. S. Bureau of
Mines announced.
/
Edgewater mine, near Birmingham, won the "Sentinels of
Safety" trophy for bituminous mines by operating 766,644 manhours last year without a disabling injury. This is the first time
in 12 years of participation that the mine has taken top honors.
It was the scene of a major disaster' in 1948 when a gas explosion, which occurred during the sinking of a new. opening,
cla imed the lives of 11 mine workers.
Goodsprjng mine, located in Schuy~kill County, Pa., won the ant hraci te-division trophy for operating 106,162 man-hours with 14
d:c;abling injuries, ca using a total of 98 days of lost time. An
injury-severity r a te of 0.923 day lost per thousand m~m-hours of
e.Kposure to haza rd- the lowest of its group--earned the colliery
i ts fi rst trophy awar d in the seven years it has taken part in the
compe ti t ion . T)1e mine received honorable mention for second
place in 1951, and for third place in 1950 and 1955.
Trophies · are awarded on the basis of the lowest injury severity rate in each group. Where a number of mines operate without a disabling injury for an entire year, the top award goes to
t he disability-free operation with the greatest number of manhour s of exposure.
•

Bituminous Mines Set Record Low Injury Rate

Removal Of Too Much Coal Fi-om Pillar's
Caused ,Ohio Cave-In Which 5 Survived
The cave-in that held five men prisoner for 14 hours, June 26.
in the Powhatan Mining Co.'s Betsy No. 3 Mine, St. Clairsville,
Ohio, was "caused by removing too much coal in first mining
which resulted fn a sudden squeeze" (bending or facturing of
overburden), according to the U. S. Bureau of Mines. The mine
'is unger the jurisdiction of Local Union 7Jt/9, District 6.
Tn its final- report -on the cave-in, the Bureau said the "amount
of coal taken from the pillars as the places were advanced was in
excess of the company's projected plan of mining.'' It was
brought out in the investigation that the plan of mining had not
been followed, and "total extractiou was in excess of that shown
on the (mine) map."
•
The only area of the mine. accessib_le for investigation was
betwj:!en the face of No. 8 working place and a point . 45 feet
distant where the fall broke off. It was here that the five men
took refuge, some 300 feet from the portal cut into the hig~wall of a former· strip mine. This area was rcof-bolted and
timbered in accordance with the accepted plan, the Federa l repor:t
said, adding that there was no evidence that the cave-in was t~e
result of failure of the roof-support plan. Approximately 225
feet of the No. 8 place was caved, and two adjoining entries we e
also clogged to within a few feet of the portals.
An examination of the surface over the No. 8 place disclosed
surface cracks r:unning parallel with it. The cracks indicated
that- a squeeze and general collapse resulted because th_e pillars
le'ft intact were not adequate to support the overburden. To
prevent a similar accident in the future, the Bureau report said.
the "face of th~ highwall and the surface area over the acti,·e
panel should be examined daily, when coal is produced, fpr signs
of dangerous subsidence and other dangerous conditions." The
- report also called for mining in strict compliance with engineer ing
projections.
The investigating team entered the mine by way of the same
42-inch auger hole throµgh which the trapped mine workers
had crawled to safety. The five men-unhurt-\\·ere freed on
the third attempt by rescue workers to drill into the area where
they were trapped.
The happy outcome of the near disaster won a special tribute
from Fetleral investigators for "employes and officials who g:n-e
of. themselves· unstintedly in ·making the rescue of their fellow
workers possible. The courage, know-how and the resourcefulness
of these men, without exception, . deserves the highest praise.''

Bituminous parficipants achieved a record-low injury frequency
r ate of 14.353 per million man-hours of exposure in underground
mmmg. This is less thari one-third the national average last
year for all bituminous operations, including deep mines and strippings. The bituminous mines ranking in the first five places all
operated without €l lost-timE! accident in 1956. Coal runners-up
awarded a "Certificate of Accomplishment in Safety" for earning second, third, fourth and fifth plg.ces are as follows:
Bituminous-Republic :Mine, Republic Steel Corp., Elkhorn
City, Ky., for working 419,324. man-hours without a lost-time injury.
D. 0 . CJ.ark 7 Seam, Union Pacific Coal Co., Superior, Wyo.,
for operating 212,986 man-hours without a disabling injury.
Labuco Mine, Alabama ByrProducts Corp., Birmingham, Ala.,
for working 152,202 man-hours without a lost-time injury. Labuco
'
I
was the bituminous winner in both 1954 and 1955 and thus re-:linquishes the trophy it held for two straight years. It has com- One Miner Saved, Another Dies Under Fall
Two miners were trapped by a roof fall July 23 in the Roben:1
peted in 19 of the annual competitions.
Hernshaw Mine, Electro Metallurgical Co., a division of Union No. 3 mine of U. S. Steel Corp., near Greensboro, Pa.. ,vith
Carbide &amp; Carbon Corp., for working 80,068 man-hours in 1956 heroic efforts saving one of the men five hours after the c,we-in.
The rescued miner, Andrew Wydo, 36, of l\IcClellandtown.
without a lost-time injury.
•
'
Anthracite-Pittston Mine, P. &amp; J. Coal Co., Pittston, Pa., suffered no apparent injuries but was admitted to Uniontown
for operating 59,360 man-hours with four lost-time injuries causing Hospital for obs.ervation.
Jerry Sor,a, about 60, of Bitner, Fayette County, was dead
86 days ·of -disability.
..
.
.
Loree No. 3 Mine, Hudson Coal Co., Plymouth, Pa., for oper- when rescuers reached him, about ten hours after the fall. He
ating 582,517 man-hours with 58 lost-time injuries causing 1,210 was a member of Local Union 6321.
days of disability.
Eddy Creek Shaft Mine, Hudson Coal Co., Olyphant, Pa., for
working 457,324 man-hours with 35 lost-time inj.uries causing
Nat'I Safety ·Contest Rules, Entr.y Blanks
1,009 days ·of disability.
Can Be Obtained At Bureau's Field Offices
Loree-Boston Mine, Hudson Coal Co., Plymouth,- Pa., for
working 397,342 man-hours with 44 lost-time injuries causing 1,Entry blanks and rules governing the 1957 National
114 days of disability.
First-Aid and Mine Rescue Contest are available upon reOf the 525 mineral-producing operations in 43 states c~mquest at Health and Safety Offices of the U. S. Bureau or
peting in the 1956 competition, 200 went through the year withMines in the nation's coal-producing areas. They may alc;o
out a disabling injury. Trophies were also awarded to the outbe obtained through Harry F. Wea,·er, contest secretary,
standing metal }Jline nonmetallic mine, open-pit mine and quarry.
4522 Interior Building, Washington 25, D. C.
'
I
The meet will be held October 2 to 4 in Louis\'ille, Ky., n t
The winner in each division retains a bronze trophy and green
the Kentucky Fair and &amp;-position Center.
and white "Sentinels of Safety" flag for one year.
Rule1: for both the mine rescue contest and tht&gt; lirs t-:-iid
The competition, now in its 33d year-, is sponsored by ~e U.S.
events have been approved and are now being d istributl'.'u
Bureau of Mines. Trophies are donated by the Explosives Enamong the field offices. The "package" includes an in~ rgineer magazine. In addition to group awards, each employe
pretation sheet for mine-rescue judges nnd team tra int&gt;rs
and official at the winning operations receives a ''Certificate of
and a series of practice first-aid problems.
Accomplishment in Safety" from the Bureau.
First-aid teams competing for the national honors will
work at least ten problems. Rescue teams, equipped wit h
Natiqnal Safety Council studies show that more accidental
self-contained oxygen-breathing apparatus durin ~ the 111.:i~ injuries result from falls than ,from any other cause except traffic
euvers, will work one or more problems in a nm ck m ine s 0 ~
accidents. You can avoid most falls by keeping things neat and
up in the Exposition Center's huge colosscun .
'fi ·I b not rushin about unnecessarily, by wiping up spilled

�Page 8

United M i1£e Workers Journal

'Dr.

August _15, 195J

A.M

0

EDITOR'S NOTE: The following article appeared recently tireme.nt plan. H.I .P. and Kaiser both have approximately ·500,in the weekly magazine The Nation. It was written by Dan 000 people enrolled, and both carry on their dark mission within
Wakefield.
It concerns relations between the American the confines of a single state. The UMW plan has a million beneficiaries spread through 45 states, Alaska and the Dis trict of
Medical Association, state and county medical organizations Columbia. It employs 6,800 physicians at a total · cos t of $17
and the UMWA Welfare and Retirement Fund. It is of interest . miJlion a year, and has built $30 million worth of hospitals.
,

to all members of the UMWA and their families.
"Dr. Jekyll and the A.M.A."

C

']
V

g
3

It is entitled,

The dark clouds of progress hung heavily over the 106th convention of the American Medical Association as its delegates i;huttled from the Waldorf-Astoria to the New York Coliseum, confronting the dangers of radiation on the one hand and socialization
on the other. The only real answer for life in our time seemed
to be the one provided by the Wallace Labo'ratories, makers of
l\'Iiltown, who dispensed the' lotus in generous samples from a small
but always busy booth at the convention's technical exposition.
The conclave, held early this month, was the largest in A.M.A.'s
·history, ·drawing 55,847 doctors and guests, employing hundreds of
workers and requiring, for the operation of the Coliseum alone,
five miles of electrical cable, 10,000 square yards ·of carpeting,
56,000 square yards of draperies, 300,000 I.B.M. cards- which with
other un-itemized equipment, were brought by 40 baggage cars
and hundreds of trucks to their destination and finally resulted
at the end of the convention week in the bacchanalian total of
40 truckloads of debris, carted away at $30 a load.
The magnitude of it is staggering even to the contemporary
soul, and was no doubt unforeseeable by the organization's founder,
one Nathan Smith Davis, a long-dead freedom fighter, who, according to the official history of the A.M.A., was "born in a log
cabin on the farm near Greene, Chenango County, New York,
which bad been homesteaded and partially cleared of its original
forest by his father, Dow Davis, an orphan, who had, when in hisearly 'teens', run away from the cobbler to whom he had been
indentured."

' ... Fighting Off Indenture A_g ain'

The rub, of course, comes in the realization that for all the
trappings here are Dow Davis' descendants a century later and
fighting off indenture again. Their British brothers are already
in chains, and here in, the new world the manacles are being
n snapped not only by the Federal government, but by union and
"private" health plans-such as John L. Lewis' United llfi11e Work\: ers Welfare and Retirement plan-which have swept upon the
n scene to introduce "third party" elements between patient and
doctor. This threatens us all, the medicos feel, with the loss of
a our basic American freedoms, and it was this black issue which
occupied the center of the stage for the A.M.A .. House of Delegates as it wrestled with the future.
C
The rumors of impending doom had begun as far back as 1933,
when the A.M.A. deiegates approved a report condemning the thens existing voluntary health-insurance plans with the judgment that
n "it is clear that all such schemes are contrary to sound public
policy and that the shortest road to the commercialization of the
ii practice of medicine is through the supposedly rosy path of insur'I ance." But the tides were moving, and by the late '40's the govern1: ment was talking of national compulsory health insurance (branded
hy the A.l\i.A. as "political medicine") and the A.M.A., with the
t, help of the Whitaker &amp; Baxter advertising agency, was raising
h
its voice with the slogan: "Voluntary Health Insurance-the
iI
American Way." "The American Way," however, was delimited to
bbroad and pure insurance plans such as Blue Cross and Blue
Shield, and definitely did not include the sudden new evils of pribc • Yate-group plans with their own panels of doctors, such as New
lo York's Health Insurance Plan (H.I.P.) and California's Kaiser
Jo r'oundation plan. In 1954, the New York State Medical Society
roared into the A.M.A. House of Delegates with a set of proposed amendments to the medical code which would have made
m it "unethical" for a doctor to work with H.I.P., which by then had
cl,
100,000 members. The house wouldn't go that far, though, and the .
pc hattle was pitched independently by county medical societies, with
os tracism of group-practice doctors such as took place on a long
fc front in California, where the Los Angeles County Medical Sotc ciety Jed the finally futile charge against the Kaiser doctors.
• But this ear he A.M.A. had to come to grips with the biggest
s
f,

Against this monster the delegates brought five different resolutions, a supplementary report by the board of t rustees on "Suggested Guides to Relationships Between Sta te and County Medical Societies and the United Mine Workers of America Welfare
and Retirement Fund," and considerable passionate oratory. All
the proposed resolutions and suggestions were unloa ded on the
Co~ittee on Miscellaneous Business, and on t he second day of
the convention all who were interested joined the committee in
session for hearings in the West Foyer of the Grand Ballroom of
the Waldorf. There, where the imitation dogwood bravely climbs
thr~ugh the inevitable smoke of deliberation , a standing-room
audience heard the bleak details of the conspiracy and uttered
hopeless war-cries-later judged impractical by legal advisors.
The session got under way with less urgent tho ugh similarly
threatening issues, such as continuing the annual A.M.A.-sponso~ed high s~hool essay contest on the topics, ,"The Advantages of
Private Medical Care" or "The Advantages of the American Free
Enterprise System." It seems that several members h ad sensed a
certain futility in "essay contests," but a doctor from t he Colorado del_egation was up to tell the tale of a Denver high school
class assignment on "The Advantages of Socialized Medicin e"
which was opposed by a doctor's daughter who had designs on t he
A.M.A. essay prize, but who could not very well fit t he tea cher's
assigned topic into the competition. All saw the moral, and the
resolution to maintain the contest was approved.
Discussion of the main resolution against the UMW Fund
and like menaces got off to a flery start with the wor ds of one of
the resolution's co-authors, Dr. Everett H . Munro of the Colorado
State Medical Society. Dr. Munro's resolution proposed that
"voluntary participation in systems of medical care which deny
patients their rights of free choice of physicians as so defined,
other than as may be required by the mandates of law constitutes
a violation of the Principles of Medical Ethics."
u
The president of the Colorado State Medical Society backed his
colleague's view with the opinion that the A.M.A. had only three
courses open to it, and the one embodied in this resolution was the
best. A second course was to take no action at all, which would
lead to the British sort of socialized medicine. The last course,
which might have to be followed if the resolution failed, was the
formation of a "medical guild" which would "bargain collectively
with labor and management"-although this would mean the loss
of dignity of the medical profession.
'Poor' Doctors Fear Loss Of Income

Conditions were as drastic all across the land. A doctor from
Michigan warned that Walter Reuther was about to inflict a medical-welfare plan comparable to the Mine Workers' on the toilers of
Detroit. An embattled freedom fighter from Illinois reported
that some doctors in his state were '1osing $5,000-$15,000 a year
in private practice because of the Miners' plan." Only in Mississippi was the flame of liberty still unthreatened.' "We don't
have this· problem, but we can't tell when we might," their delegate reported, and added bis sympathetic support to his colleagues'
cause.
Dr. Harry Mantz, an Illinois delegate back from the front,
warned the troops that "the men from Colorado [sponsors of the
resolution] are very courageous because they are. going to be
sued. In Illinois, we can't throw out a doctor from the , state
medical society without danger of a Federal suit:&gt;''
But dangers aside, there were altogether 25 men to speak
up in favor of the drastic measures embodied in the resolutions,
and the only dissent had to come from the Devil's Disciple himself, Dr. Warren Draper, who directs the UMW Welfare and
Retirement Fund He, was offered the microphone and quietly
read to the delegates:
"The task of providing medical care for the miners and
their families was assumed by the Fund in 1948 because the
unnecessary suffering, disability and preventable deaths due to
inadequate medical care, or none at all, were shocking to all
who knew the facts. The r~port .of_ a, _medical survey _of the
1

i

�United lVline workers J oUt'ft(lt •
in 1946, contains the statement that in some of the minin_g
. communities, provisions for hea1th are 'so poor that their
tolerance is a disgrace to a nation to which the world looks
~ r patte rn a nd guidance' . . . Any thoughtful person in full
possession of the fac ts would know that ':vith the i~ve~tment
t h e Fund has made in medical care for its benefic1ar1es the
program ca nnot s top; it must go on. Petty perse~utions, such
as those by certa in county m edical societies which endeavor
t o prevent the Fund from providing medical care for ~ts beneficia ries by denying membership in the county medical socie ty to phys ici ans who do so, will be settled by legal means
if other m easures fail. - Other petty forms of persecution have
already failed."
Out of t he resulting silence, Cha irman Dr. Peter DiNatalie
called up one of A.M.A.'s lawyers, who could only tell his clients
that the whole t hing was "not a n easy m atter to discuss." In
t he end, it was discussed a t 7 :15 on the morning of the last day by
A.M.A. s ta ff legal advisors, who told the mHitants of the Colorado
delegation tha t t he resolu tions might be•fine in principle, but J9hn
L . L ewis would ha ve them in t he courts, , there was no getting
around it. They would have to be satisfied with the committee's
report- a t las t a dopted- wh ich expla ined · that although the resolutions were approved "in pr inciple.,'' the organiza tion could
officially do no more t han "re-emphasize the America n Medical
Associa tion's a pproval of t he principle of free choice of physician
and h ospital," and adopt th e Board of Trustees' "suggested guides"
to rela tio nships with t he UMW.
UMW l?atients Have Freedom Of Choice

rug

Soft Coal Miners Earn $3.03 An tfour
Production workers in the bituminous coal industry
averaged $112.11 for a 37-hour week-c-&lt;&gt;r $3.03 an hourduring April, according to statistics prepared by the Bureau
of Labor Statistics of the U.S. Department of Labor. Th is
•is the highest hourly earnings figure in . the history of the
industry. Weekly earnings reached· their highest point in
history last December when soft coal miners a veraged
$115.33 a week for a 38.7 hour week--or $2.98 an hour.
There were an estimated · 218,500 production ·employes
working in the soft coal industry in April. Total employm ent in the industry was estimated at 238,700. In the anthracite industry employment of production workers was
26,500, with. total employment 28,400.
Average weekly earnings in the anthracite industry in
April, were $92.07 for a 31-hour week--or $2.97 an hour.

orfon Urges Soft Coal For Wisco nsin
Use of soft coal to meet urgent fuel needs in ¥lisconsin has
been advocated by Sen. Thruston B. Morton (R., Ky.). Morton
made the suggestion in response to a speech by Sen. Alexander
Wiley· (R., Wis.). Wiley urged that the Harris Natural Gas Bill
be defeated in the interest of gas consumers in his state.
Shortly thereafter, Senator Morton took the floor to state:
" .. . I was intrigued by the remarks of the senior Senator
from Wisconsin in connection with fuel. I invite the Senator's
a t tention to the fact that the price of Appalachian coal at the
face of the mine is the same today as it was in 1948. It is the
only fuel which has not advanced in price.
"Wages have risen considerably in the nine-year interim. Because of the ingenuity of the operators and the cooperation of
the United Mine Workers, coal at the face of the mine, as I have
said, sells today for the same price it brought in 1948. It is
still the cheapest, most efficient fuel under a boiler.
"We . are now working on plans to move Appalachian coal
to the fire boilers of Florida, and I think we can move Appalachian coal to the great State of Wisconsin."

Al l week long, the evils of "corpora te practice" of m edicine
by government, unio ns, indus t ries an d• private groups were condemned, a nd the "free choice of physician" upheld as being no
less essential t o America n life tha n free enterprise itself. In
a ctua li ty, m os t of t he pl ans, including the UMW Fund, provide
t ha t a patien t ca n choose from a number of doctors approved
by the particular organiza tion, a nd the UMW Fund itself allows
t ha t a benefi ciary m ay call in any outside doctor desired and have
him a pproved for work through the Fund. But the A.M.A. still
- sees it as a limita tion of freedom, and a start toward the end of all
liberty ;' they proclaimed tha t such ~corporate" practice "in many
of its for ms . . . is indistinguishable in pract ice and e1Iect from
socialization of medicine and it appears to embody all of its eyils."
John F. Hollister, Former Dist. 9 Official
And yet, a recent report has estimated that 40 percent of the
na tion's doctors are on a full or part-time salary, and thus themselves participants in the "ethically questionable" ·arrangement .
John F. Hollister, of Shamokin, Pa., who served as an official
of allowing a "third party" to come between the physician and
his patient in their dealings. Full-scale war on the new menace , of UiJIW A District 9 for many years, died July 19 in Geisingei·
is legally and practically impossible, and- the A.M.A., having Memorial Hospital, Danville, of complications. He was 86.
Mr. Hollister, active in UMWA affairs at the turn of the cenwrestled with it and postponed it in hopes of finding a secret_
weapon to smash the enemy, is now adjusted to the reality that it tury, was elected to the district executive board in 1913 from
can carry on nothing more than harassment. The conv';ntion had Sub-District 4 and held the post until 1931.
A communicant of St. Edward's Church, Shamokin, he was
to content itself finally with such small solace as could come from
affiliated with the parish Holy ' Name Society and the Moose
deleting the word "welfare"-said to have horrid "pa~ern~list!c" Lodge.
connotations- from all its pronouncements and replacmg 1t· with
Suryiving are one daughter, lVIrs. Margaret Powell, Shamokin;
the word "well-being."
a brother, George, Sunbury; four grandchildren and 10 great
There were those who took comfort in these hopeless swipes, grandchildren.
and the business of the house was concluded with the words
Funeral !lervices were held Ju}Y. 22 from the Campton Funeral
of Dr. B. E. Pickett of Texas who reverently said that "al- Home, Shamokin, followed by a requiem mass in St. Edward's
though we all, 'ere long, may pass from amo;1g the chil- Church. Interment was in the pa1ish cemetery.
dren of men, what you ·have wrought here will not pass,
but' stand as a lasting monument to progressive medicine in
our time." Coming from a member of the Texas delegation the the scientific half, while the side that carries on such affairs as
optimism was notable, since the Lone Star contingent, af~er were held at the Waldorf is known as socio-economic.
pushing for such resolutions as a propo~al to end the U. S. mThe scientific proceedings got off on encouraging notes, with
come ta.'C, might well have been depress'e d at the f!nal small sal- accounts such as those of "Hearing Restoration Surgery Reported
lies the A.M..A. saw fit to make against the future. There was,
'Perfected' " and "Doctors Report Unusual Operations to SaYe
however comfort to be drawn in the fact that the delegates had Man's Sight," but before the week was out we had learned that
once ag~in held the line against proposals to include physicia!ls in many of our athletes were hopped up with "pep pills" and that
Federal Social Security. Connecticut had pressed for a national smokers of one pack of cigarettes a day might expect to h ani
referendum on the matter,. and New York had thrown out caution the weed subtract seven or· eight years from their life. At the
altogether. and offered a resolution noting th_at "Doctors of Medclosing session, an Air Force colonel came to inform the doctors
icine are now the sole self-employed professional group excluded that "m~crowave radiation"-em~ations of electrical energy at
[from Scicial Security]; and, because .of this unfair exclusion phy- frequencies of several hundred m1ll1on cycles a second-is increassicians must pa,y $7;000 to $25,000 more for · retirement and life ing all the time with new and more powerful radar and television
insurance than other citizens"; and proposing that the _doctors installations, and that microwa,·e radiation can be dange1·ous bethrow in with the tide. But principle defeated temptation and cause it can destroy by heating living tissues. "Expert opinion
the House of Delegates held fast to individualism.
about how much microwave radiation is safe for man is not availMeanwhile, back at the Coliseum, the other half of the A.M.A's able," the colonel reported.
character was confronting more universal portents of doom. The
Progress presses upon us from every direction. and who can
A.M.A. as is appropriate to the times, Ms a split personality: blame the A.M.A. for wanting to return to the halcyon days of
~
?
the a~t dealin with t chnical s
ts
•
•

�1..t.U S USd ,xu,

]E]]])

@~ml§

:&amp;IL
JUSTI N i\IcCARTHY,• Editor
R E X L AUCK , Asst. Editor

Official Publication
Unit,J Mine Workers ' of Amtriea

68th Year

he

AUGUST 15, 1957

nate

Should Be

No. 16

~a@DTI~~ [IDfi~□
~~'u'ce@1 Orru◊@ !L@t"J
o~o□

.zoo i

&lt;.•
come. Furthermore, whether Attorney General Brownell
believes it or not, the ·risk will be very considerable.
There will be juries in the South who will fin d their ~1•dict according to the evidence, however much they •k.i~y
dislike the law; and convictions will steadily increase' with
the passage of time.
"It will be found difficult to make a hero of a man
sent to jail by a jury of his peers; but Americans sentenced by a judge without trial by jury will be ideal material for a new martyrology."
With this ~ve agree wholeheartedly!
Now, there has been considerable nonsen e printed
about the UMWA position by newspaper pundits whowithout examining the facts-claim t hat we r e\ ersed our
position on the jury trial question. We did not. We said,
in the June 15 issue of the Journal, that the House version of a jury trial amendment that would provide jury
trials in voting cases only was "as phony as a $3 ·bill."
And it was. Bul the jury trial amendment pas ed by the
Senate goes much farther and protects the rights of trial
by jury in criminal contempt cases again t labor unions
among others. .
As UMWA members probably know the various railroad brotherhoods joined with the UMWA in endorsing
the Senate's version of the bill.
•

It is ridicttlous for the Eisenhower administration to
argue that the civil rights bill-as passed 72 to 18 by the
United States Senate--is meaningless or will damage the
Federal judiciary or do a number of other things that
Attorney General Herbert Brownell, Jr. claims it will do.
The bill should be adopted by the House of Representatives, forthwith, and sent on to the President for his signature. And if Ike is really concerned about civil rights,
as he says he is, he will sign it. It will then become the
Details Of 'il'he Sen©J~ce Bm
first civil rights legislation to have manuevered its way
through Congress in 80 years.
•
A statement by G. E. Leighty, president t he Order of
The bill may not be perfect; but, from the standpoint Railroad Telegraphers outlines in brief wh~t t he Senate
of practical politics it's the only type of civil rights legis- bill would do: (1) Set up a Federal Civil Ri 0 hts Commission; (2) Establish a Civil Rights Division ~ t he Departlation that could be gotten through the Senate.
The important things about the Senate bill is that it •ment of Justice; (3) Clarify the right of an individual to·
establishes a principle of public policy, just as did section secure a Federal Court injunction to protect his voting
7A of the National Industrial Recovery Act_when it said right; (4) Permit the Federal government, wit h or \vithworking-men had the right to join unions of their own . out the consent of the aggrieved; to obtain injunctions
choosing and bargain collectively with their employers. against interferences with individual vot ing rights; (5)
It is the principle of enforcing the Constitutional right to Guarantee those accused under this latter procedure of
criminal contempt of court a jury trial in disposing of
~~
their
violations; (6) Extend the right of jury trial in cerEven the most rabid_race baiter in the Senate from a
tain
labor
cases; (7) Reaffirm the right of citizens to
Southern state did not dare to say that Negro Americans
serve
on
Federal
juries without discrimination.
did not' have the right" to vote. The question, of course, .
Leighty adds: "This is a civil rights measure that will
is how to enforce this right.
go a long way in improving the race problems with which
we are confronted. It represents ' the cumulative effort
House Bill Was No Good
of determined men, working within the framework of our•
We happen to think that the original House version legislative establishment, to produce a workable bill
of the civil rights bill ·and any other bill that would have which will be a .constructive step forward. All sides have
forced down the throats of Southern whites a Federal been willing to bend a little in order that the final result
judge's order-without..a jury trial-would not have done . might be reasonably acceptable to the greatest numbei·
anything' to enforce the right to vote.
of people."
Perhaps it would have given the Republican Party a
It is quite obvious that under the. bill great public
great campaign issue next year among northern Negroes. pressure can, should· and, we hope, iwill be brought to
But, we repeat, it would not have enforced the right to bear upon Southern election officials who prevent Amervote. Rather it would have created great bitterness, ani- icans from voting because of their color.
mosity and emotional turmoil between the races in the
Investigations of such violati9ns ought to be carried
South. And it would have made sort of heroes out of on vigorously by the Civil Rights Commission and the
those white citizens who were sent to jail or fined by a Civil Rights Division of the Justice Department, which
judge.
are established under the Senate bill. Such investigaGerald W. Johnson, veteran Baltimore newspaperman, tions and any court actions, we are sure, will receive t_he
historian and free lance writer, states in The New widest possible publicity in the newspapers, magazines,
Republic:
• over the radio and on television because this "American
"If _one Southern election official is put to the risk and Dilemma" of racial prejudice is one of the great moral
trouble of standing trial, the lesson will not be lost even issues of our time.
if the first one is acquitted. Mere persecution is no joke.
Southern whites are a proud, haughty and many times
It is bothersome and expensive, regardless of the out- misled people. But there are many, many white per'

_,

�SQns in the South who are ash~med of. ~he way their Negro· brethren have been and still are being treated. And
the numbers bf these are constantly increasing as the
-Zouth "grows" up, as rn,ore industrialization takes place,
~ more union organization takes place and as the Negro
people r eceive better education and better opportunities
for decent jobs at decent pay.
The superb record of the UMWA in bringing about
better relations between the races is a case in point.
Other unions are beginning to make. similar progress in
the South. The progress will continue. It will continue
despite the actions of some Southern demagogues who
still believe in the institution of human slavery. . It cannot , however, be done overnight. It has taken .80 years
to get any kind of civil rights pill through the Senate.
So, we say, give it a chance. And give the South a chance
to prove its good fait h. Give the South a chance to get
over its phobia on the question. But. keep the pressure
on- at all times.
'
1
We think it is not t rue that no Southern jury will
ever convict in a civil r ights case. Perhaps some will
not convict, but t he jury t rial ·system i's a human institu"What's all the fuss about, Brother?"
tion and one of the basic principles of our law-handed
down to us fyom E nglish common law. Federal judges
are human, t oo. We have not, for example, always agreed Fly Ash, Once A Nuisance Waste Product,
with the august justices of the ·_u nited States Supreme Now Has M any Valuable Uses In Industry
Fly ash-a coal residue that once was a real headCourt. Nor have a lot of otper people.
ache
to the multi-billion dollar electric utility industryBut ours is a nation of laws and not of men.
has become a useful by-product and an increasingly
Let the white light of nationwide publicity shine on important material in the construction field.
,
t he investigations and trials that will inevitably come
The job of getting rid of fly ash in an industry that
from enforcement of the civil rights bill. We think there is consuming about 160 million tons of coal annually
will be progress.
•
was quite costly, especially for utilities located in large
The UMWA, as is well known, has a large Negro cities. The Connecticut Power &amp; Light Co., for example,
membership. Just how large we don't know because we used to spend $100,000 a year -to get rid of 100,000 tons
don't keep track of such things. This is in accordance of fly ash.
with the Union's constitution adopted in. 1890. It says,
Now the company has found that fly ash can be used
in effect, that a coal miner is a coal miner no matter in three ways~ 1 In the manufacture of cinder blocks; 2
what his color or creed or nationality.
In concrete, in place of cement, up to about 20 percent,
.And the Constitution of the United States says that and 3 As a road building material mixed with earth and
an American citizen is an American citizen no matter lime to form a surface bed for asphalt.
'what his race, creed or national hackground ..
_T he Am~can Gas &amp; Electric System uses fly ash tp
So, give the civil rights bill a chance to work! Let's make concrete for its new' power plants.
Utility people ·s ay that concrete made up in part of
get the Senate bill through the House as quickly as posfly ash is more durable than ordinary concrete.
sible and signed into law.
The Detroit Edison Co. pioneered research in the use
of fly ash back in the early 1930s. The, research pro• Into The M ines With Goldwater
Sen. Barry M. "Barren" Goldwater, who sponsored a gram is now headed by Bituminous Coal Research, Inc.
Since 1950, nine states have used fly ash in sections
bill 'to permit the shipment of live scorpions through the
of
new
road construction and BCR says initial reports
mails in· the last session .of Congress, has now come up
have
been-·favorable.
Pennsylvania is the most recent
with another poisonous idea.
state to build a fly-ash based road for test purposes.
The Ariz~na Republican, an avowed enemy of work- A 500-foot road was laid last year in Penn Township,
ing people, wants to abolish all Federal insp~tion of near Pittsburgh. The project used 67 tons of fly ash.
mines. This, of course, is because the "hard rock" miners
Price of the residue material varies from $1 to ~2 a
in his state have been trying to get some Federal protec- ton.
tion for their lives and limbs similar to that given coal
Bituminous Coal Research, Inc. estimates that $1.5
miners in the Federal Coal Mine Safety Act of 1952.
million -was saved in the building of the $103-million
We have several suggestions about what should be Hungry Horse Dam in Montana by using 135,000 tons of
-done with Senator Goldwater and his "idea." Unfor- fly ash. · .The material also has been used in a number of.
tunately, most of them are unprintable in a family jour- other dams.
nal. However, one that would, we are sure, appeal to
A brewing company in Pittsburgh has discovered an
members of the UMWA would be to retire him from the unusual use. It mixes fly ash, brewers' yeast and dilute
Senate and.send him to work in a nice gassy coal mine-- sulphuric acid to clean the large copper kettles in the
preferably one that employs fewer than 15 men under- brewery.
ground so that no Federal inspector could interfere with
These uses of what was once thought of as a waste
his inalienable right to be blown ,to bits in an explosion, product are examples of what research and constant ator have his back broken in a roof fall.
•
tention to conservation can do for the coal indus!ry.

�....
7:lte Stor11 of Americ11 's eon! Miners

A Brief

H·~.&lt;;9"'©

r ry

INTRODUCTORY NOTE: The follow ing-"A Brief History
of the United Mine Workers of Ameri ca" -w as w ritte11 by
Justin McCarthy, editor of the Journal, an d ha s bee n .distributed to thousands of librari~s, newspap e rs, UMWA
District offices, students and other interested p e rso ns. It has
been translated into Spanish and made a vailab le to workers
in Latin American countries. It i,s reprint ed he re so that every
UMWA irsember will be able to read it a nd have a copy for
future reference.

theU

Today the United Mine Workers of America and their
leaders constitute a living symbol of what free men, working
together with an incomparable unity of purpo e, ca n accomplish.
American coal miners tod~y arc the bes t paid industrial workers in the world ; they have comparatively good working conditions and in sickness and age they are protc ted by a wel fa re
and retirement program that js, as yet, unmatched in any other
industry or any other country. These goals have been wop by
the uni ty of purpose of America's half million mine workers
and the devotion and singleness of policy of the leader of their
Much of the st9ry of the American workingman's struggle Union, working within the framew~irk of a democratic society.
for a better way of life, for better wages and working conditions
But it was not always tht,1s. America was a n infant nation
and for the inalienable rights
struggling to congu r the wil~
of life, liberty and the pursuit
der11ess back in 1840s when
of happiness is the story of
the .coal miner of Pennsyl"There is no truth more obvious than that withAmerica's coal Jajn~rs.
vani a first decided to form a
out coal there could not have been such marvelous
/. The reason is that Amerunion to ca rry on the fight .
social and industrial progress as n;iarks present-day .
ican miners, like coaJ miners
ag.
~inst the intolerable workcivilization.
everywhere, are men nf great
ing conditions of tha t time. In
''Believing that those ~ hose lot it is to toil within
dignity, great pride and gre,:\.t
those days miners were among
bravery. Perhaps it has been
the most poorly paid workers
the e::Jrth's rec~sses surrou nded by peculiar dangers
best stated by the man who
in the country ; safety condia_n 4 ~grived Qf sunlight and p~re air, produ~ing the
has been the Pres~dent of µieir
tions were deplorable; hours
commodity whi~h makes possible the w orld's progof
work ranged as high as 15
Union, the United Min~ Workress, are . entitled to protectioq and an eqt)itable •
ers of America, since 1920.
a
day
; there were no days off
share of the fruits of their labor, we have formed the
nor holidays; the miners were
These are the words of J 0/111
United Mine. Workers of America for the purpose
L. Lewis:
truly serfs, their lives literally
of establishing, by lawful means,. the principles em"The public dQes not
subject to the whims of the
braced in the body of t:4is Constitution."
understand, and · I thiiik:
employers.
The first coal miners' union
never will, that almost spir,(Preamble to the Constitution of the lnternatio_nal
in America was forrpcd in the
itu~ feaJty that exist, pe•
Union, Unit ed Mine Workers of America, organized
anthracite, or hard coal region
tween men who go dqwn
January
25, 1890.)
of Northeastern Pennsylvania.
into the qangers of the
In those days th~re was very
mine and work togeth~rlittle industry in the United
~at fealty of understaiµI ~ .
ing and brotherhQod that e?(ist_s iµ our caJJjng to a more State_s and coal was_used almost exclusively for l:g~~ting p~rposes
pronounced degree than iµ qny ot:l}er i11du_stry, The and ·not for the creatipn of pqwer .o r steel or chemicals. •
This early union of coal miners in ·America suffered the fate
pubJic doe§ not know that a inan wh«;&gt; ·w.o rks in a coal
mine is not afraid of aJ)ything ~):cept his Gofi; that he i_s of many organizations . of p:uners that WCT!'! to follow it. They
not afraic;! of injunctions, or pplitipi~n~, or threats or de- were literally forc!!d out of e~-ist~nce by the t~rroris.t tactics of
nunciations, or verJ:&gt;aJ castigation, or slander-that he does the wealthy owners of the mining companies who refused to
listen to the complaints of tli.eir ·employes. F-or those were the
not fear dea~."
•
days
when it was regarded as c..on.:;_piracy. against government
There are so many "firsts" in µle history of the UMW A
that it would be almost impossible to accoqnt for each of theµi for men to join together and strike in protest against insufferin a brief book. One of tho most significant "firsts," and one able working condit[ops.
It became obvious to the coal miners, iiS a result of these
that enabled the U~n to organiz.e coal miners throughout the ·
length and breadth of America-North and South-can best early efforts to organize unjons, t4at they m4st form . a strong,
be stated by quoting from the Constitution Qf t)le International nationwide union of miners if they were to sqcceed in winning
Union as it was first adopted in 1890. The first paragraph of better conditions. The first step in this direction was taken in
the section of the governing law of the U.M W A concerning 1860 in the State of Illinois by· two English mine workers who
had come to America in the belief that they would find a better
objectives states:
"To unite in one organization, regardless of c;reed, color way of life for themselves and their families. With other mine
or nationality, all work(!rs t1ligibla for m embership, employed workers from the Midwestern- American soft coal fields they
in and around coal mines, coal washt1ries, coal proccslirzg plants, formed the American Miners Association. It lasted until the
coke ovens1 and in such othBr industriqt ~ mf!,y ~B dt1signated Q'Y financial panic of UJ73. Meanwhile, organizational efforts ~ntlze International Executivs Board, on the American contin f'lt,". tinued in the hard coal field, E&gt;f Pennsylvania. Various local
Thus the UMWA w;u the: fint labor orgJt~ti9n in America 11nions of hard .coal min.en jouied togethel' in 1868 to try to win
to i~corporate into. its Const.i~tion al!- u~q~ali?ed prohibition · -tn eight-hour work day. They .were not entfrely suc~essful but
their work stoppage did help to stablllze the glutted coal market,
against. racial, religious Qr natwnal ~scnmmation,

�/

, During the Civil War period in America thousands of English, Welsh, Scotch and Irisq. mine workers came to the United
States. Their knowledge of union organization work gave new
~jt to the drives to brlng unionism to the American mines.
The first joint conference between mine workers' representatives a nd coal operators in the history of the American coal
industry was held in Scranton, Pa., in the hard coal fields in
1869. A written contract based on the decisions of this confercnce was signed at Pottsville, Pa., in 1870. Among other things
it provided for wages of $16 a week for the anthracite miners.
At the sa me time, the coal miners were beginning their long
a nd still con tinuing fi ght for safety in the mines. First efforts
in this d irection were made in 1858, but it was not until 1?69
th at the Pennsylvani a Legislature passed a safety law and !his
law provided only for mine inspections in one county in the
ta te.
I t was nearly 100 years later, in 1952, that the United Mine
\1Vorkers of merica were able to get a law passed by the Fedral Congress granting authority to Federal mine ,inspectors .to
lose down hazard ous mines. This never-ending battle for
safer coal mines has been one of the major activities of organizcd America n coal miners from the very earliest days and _continu s today.
American coal miners learned early in the game that socalled cost-of-living agreements with the employers were of no
benefit to the miners. As long ago as 1870 the anthracite miners
igned su ch an agreement with the coal operators. It was
known as a sliding-s.cale · agrcement and tied coal wages to c~al
prices. O ver-production of coal-the chronic ,ill of the American coal industry- soon started price cutting among the emplayers. And as p,riccs were slashed wages went down.
The struggles of co~! miners in both the bituminous and
anthracite fi elds for union organization went on during the late
1800s, but without much success. Local, state and regional organizations soon,...were wiped out because of financial and organizational weaknesses.
'
The 1880s saw stepped-up efforts by the mine workers to
form national organizations. Two groups were principally active, the Knights of Labor and the National Progressive Union
of Miners and Mine Laborers,
The latter organization was affiliated with the newly formed
Americ~n Fcdcratiqn of Labor, then under the leadership of
Samuel Gompers. Intense and sometimes bitter rivalry
plagued the organization efforts of the two unions.
It Wc!-5 during · this period in 1886, that the first interstate
coal wage agreement in American history was signed by coal
operators and union mine worl&lt;ers in Columbus, Qhio. The
agreement established basic wages in Pennsylvania, Ohio, InTHAT SO-CAI-L.EQ
COST - OF - ,LIVING

AGREE

diana, Illinois, Iowa a11d West Virginia, the principal coalproducing states in the United States at that time.
The mine workers soon learned that they could not succeed in their struggles for bette.r wages and working conditions
with a split in their ranks between rival unions. After much
negotiating, .representatives of the miners who belonged to the
Knights of Labor and those belonging to the National Progressive Union met in Columbus, Ohio, and on January ~.
1890, formed the Unjted Mine Workers of America. The new
Union represented 25,000 coa'l miners at that time.
The infant Union decided to work for an eight-hour day in
the mines. Efforts to win a shorter work day from · the coal
operators were unsuccessful and the Union called a strike in
1891. It failed except in a few areas where the eight-hour day
was won. It was on April 1, 1898, that the UMWA finally won
the eight-hour day for a substantiai number of coal miners.
April 1 is an_ annual holiday in the mines throughout America
in commemoration of this early victory. The struggle for a
shorter work day in the mines was not finally won throughout
the Am_erican coal fields until 1933 under the leadership of Mr.
Lewis.
•
There have been two truly great Presidents of the United
Mine workers of America who will be revered by coal miners
as long as coal is dug. bne is the present leader, J olzn
Llewellyn Lewis. The other w~ Jolzn Mitchell. Mitchell
was 28 when he became the fifth President of the UMW A. He
led hard coal miners in Penn,sylv~a to a gre~t Union victory
in 1900. October 29, 1900, was the day when a general strike
in the anthracite fields ,ended in ,a · resounding victory for the
miners. Ea&lt;;h October ~9 since th&lt;m, the hard coal miners
observe an official holiday in honor of Mit~hell.
Among the evils that plagued the anthracite miners when
Mitchell became UMW A President were· company-owned stores
at which the miners were required to trade and which charged
exorbitant prices, company cheating on the weighing of coal,
ex'tremely low wages, long hours, bad safety conditions, bad
housing, child labor, and no provision for medical care for sick
and injured miners. Mitchell's leadership enabled the mine
workers to correct many of these grievances.
By 1901 the 11-year-old UMWA had increased its membership to more than 200,000.
., An infamous example of the attitude toward trade unions
taken by the coal operators of that time was the statement of
George F. Bae,r, then president of the Philadelphia &amp; Reading
Coal &amp; Iron Co:, one of the largest companies in the hard coal
fields. Baer wrote what has since become known as the "divine
right" letter. He stated:
"The rights and interests of the laboring man will be

WAc;;ES CUT AGAIN ANO WITH
SPLIT UNIONS WE CAN NOT
WIN BETTER WAGE'S AND
WORKING CONDITIONS!

�OESPITe THE VICTORIES WON SY
MITCHELL.'S LEADERSHIP THE
UM WA HAO MANY HARD TIMES
IN THE EARLY ,qoo's.

STRIKE:. BREAKINGS SY STATE MILITIAMEN
AND COAL COMPANY GUARDS.

THE UNION WAS FORCED 1t&gt; FIGHT
ON ALL FRONTS AGAINST LEGAL.
ACTIONS, SUITS, INJUNCTIONS,
ANTI-LABOR LEGISLATION,.,.

protected and cared for, not by the labor agitators but by the
Christian men to whom God in His infinite wisdom has given
the control of the property interests of the country and upon
the successful management of which so much depends."

and coal company guards and bad market conditions in the industry.
The ' question that was to · split the American labor movement into warring camps in the 1930s fi rst arose in the 1911
Q
The 1902 strike in the anthracite industry led to intervention convention of the UMWA. Then the Union adopted a resoluby the Federal government and the appointment by President tion calling for organization of the work rs in the mass producTheodore Roosevelt of a commission. Both the coal operators tion industries in' America into union similar to the -United
and the Union agreed to abide by the decisions of this com- Mine Workers. This type of union is known as an industrial
mission. The commission, after lengthy hearings, recommended ~nion ~ that it takes into membership all the v. orkcrs in a parwage increases and other improved working conditions for the t.Jcular mdustry regardless of the jobs the) p rform. All the
miners. The award made by _this commission became the basic other unions in the American Federation of L abor at this time
agreement between the Union and the anthracite industry. It were so-called craft unions, made up of workers in a particular
was also at this time that the Anthracite Board of Conciliation trade such as carpentry or bricklaying.
Later a bitter opponent of industrial unionism, William
'':as established. This board, made up of miners and coal operGreen,
late president of the American Federa tion of Labor
ators, ,vas to settle disputes over interpretation of the contract
was
a
strong
advocate of industry-wide unions in 1911, when
between the Union and the industry. If the board could not
he
was
International
Statistician of th e UMW A. H e urged "a
reach agreement the matter was referred for settlement to a
complete
industrial
syst9TI
of organization." :tvfr. Green served
full-time umpire selected by both sides. This board has been
from
1911
to
1924
with
the
International H eadquarters of the
in continuous existence since 1903 and is the oldest industrial
UM,.YA, most of the time as Secretary-Treasurer, and was
disputes settlement board in existence' in America.
elected president of the AFL in 1925 after the death of Mr.
UMWA Was Pro-Mechaniz:ation
Gompers in 1924. Mr. Green was Mr. Lewis' candidate for
It was in those early days of the Union that. the question of _- the AFL presidency although Mr. Gompers had personally
policy on machinery in the mines came up. The Union decided favored M attl,ew W oil, an AFL vice president and head of
-and has held to this policy ever since-that it would encourage the small International Photo-Engravers Union.
mechanization of the coal industry as a means of increasing pro1912: Operators Recogniz:e UMWA
ductivity, cutting produ·c tion costs and giving the miners an inThe
year
1912 brought the first formal recognition of the
creased chance to obtain high wages and better working conditions .. The miners took the position that increased production UMW A as such, by the anthracite operators and this helped the
was the only way they could obtain these better conditions. · This Union win new dues-paying members. During the early 1900s the
policy is in sharp contrast to the policy of many other unions Union also was busy trying to win new members in the soft
coal fields and to maintain collective bargainina relations with
in Europe and America.
the bituminous coal operators in what was the~ known as the
Mr. Lewis commented recently on this policy. He said:
Central Competitive Field. This included the soft coal fields
''We decided that question long years ago. We decided in Western Pennsylvania, Ohio, Indiana and Illinois. Mine
it's better to have a half a million inen working in the in- Workers' representatives and Central Competitive Field coal opdustry at good wages, high standards ·of living, than it is erators held joint conferenccs to settle their differences during
to have a million men .working in the industry in poverty most of the time from 1898 to 1919 with no · national strikes
and degradation."
•
and only a few short suspensions of work while the miners
Mr. Lewis added that "in rettirn for encouraging modern- awaited the signing of ne,v contracts. •
ization, ihe utilization of machinery and power in the mines
The year 1913 brought a signal honor to the UMWA when
and modem techniques, the Union . . . insists on a clear par- President Woodrow Wilson named W. B. Wilson, then Interticipation in the advantages of the machine and the improved national Secretary-Treasurer of the Union, as the first Secretary
of Labor iµ the newly created. cabinet post.
techniques."
But the next year, 1914, will always live in infamy in the
Despite the victories won under Mitchell's leadership, the
UMWA had manf hard times in the early 1900s. In addition history of American labor. It was on~April 20 of that year that
to comtant battles with the coal operators, the Union was the Ludlow Massacre occurred. The Miners' Union had been
forced to :fight on all fronts against legal actions, suits, injunc- trying for years to win recognition in the-coal fields of Colorado
tions, anti-labor legislation, strike-breaking by state militiamen and other Western states. They were· bitterly and brutally opI

�August 15, 1957

United Mine Workers Joitrnal

"

posed by the employers, led by the millionaire .Jonn D. Rockefeller. Climax to the opposition to the Union came when
~olorado militiamen, coal company guards and thugs employed
as private detectives and strike-breakers by the Rockefeller interests shot and burned-to · death 20 persons, including two mine
.work r ' wives and 11 children. • The massacre took place during
a carefully planned attack on a miners' tent colony near the
Colorado town. The miners and their families had oeen ousted
from their corripany-owncd houses by ' the guards and had set
up their tents on public property. Not one of the perpetrators of
the laughter ever was punished, but the strikers · and UMWA
offi cials were imprisoned by the score. A shocked American
public acted through the Federal government' which moved
regula r Army troops into the area to restore Circler.
~
Such incidents were an old story to coal miners and their
fam ilie • bcatin!!S, shootings and deprivation of civil liberties
had been th e order of the day in. the coal fiel~s of America for
generations. Because mining camps usually were isolated, the
n \ spaper and general public seldom heard ·of conditions in 1:he
oal indu stry. There was complete company domination of
every phase of the daily lives of miners, enforced by professional
gunmen such as the Coal and Iron Police in Pennsylvania and
the Bald win-F Its Detective Agency in West Virginia. And
the c same gu n thugs saw to it that an "iron curtain" was
drawn around the coal camps to keep the public from learning
of the conditions of serfdom under which miners lived.
". . . Police Had 'l&gt;ersuaders' "

'"

Even interested newspapermen-.md there were very few of
them in those days-found it virtually impossible to "invade"
the armed camps of the coal mining areas. Strangers were not
welcome and the coal police had "pcrsuaders"-in the form of
arsenals of wc;apons-to keep the curious away.
As the years have passed, such matters have been somewhat
dimmed by time, by later successes of the Union, by Federal
legislation guaranteeing to American workers the right to organize and bargain collectively, by government investigations, by
recognition of unions as part of the American way of life, and
by the tremendous growth in membership and economic strength
of the union movement. But to the average coal miner in his
5o"s the bitter memories of these early days will never be dimmed.
Perhaps this is one reason ·why _the United Mine Workers of
America has been from the beginning and is today t~e most
militant and aggressive union in the country.
It was in the early 1900s that John L; Lewis began his long
career as an American labor leader. After substantial successes
-~leading · the legislative activities of ,the Illinois coal miners,
Lewis worked for a time for Mr. Gompers and the American
Federation of Labor. He was. born in Lucas, Iowa, of Welsh

parents, on February 12, 1880, on the birthday of the Great
Emancipator, Abraham Lincoln.
Lewis' early career included work in the · coal mines, metal
mines, and much traveling over the length and breadth of the
United States and into Mexico and Canada. His first official
assignment for the UMW A was as a delegate from an Iowa
Local Union to the 1906 International Convention of the
UMWA. . In 1910 and 1911 Lewis worked as legislative representative in District 12 (Illinois) and from 1911 to 1917 he was
assigned to the AFL by Mr. Gompers. • By 1916, Lewis had
proved his ability in Union affairs so that he was named chairman of the all-important resolutions committee of the UM,v A
Convention in that year. In 1917 he was named International
Statistician of the Union. He rose from there to become busine_ss manager of the Union's newspaper, the United Mine
Workers J orernal, Vice President of the International Union
Acting President and finilly President in 1920-a position t~
which he has been reelected ever since.
Thomas Kennedy Starts To Climb
Another young American coal miner was starting his climb
in International Union affairs in the early 1900s. He is Thomas
Kennedy, who went to work in the anthracite mines in Northeastern Pennsylvania ~t the age of ten and rose to become Lieutenant-Governor of Pennsylvania, President of a UMW A District, International Secretary-Treasurer, and finally International
Vice Pr sident of the UMWA-the position he holds with the
Union today. · Kennedy was born in Lansford, Pa., November
2, 1887
•
Still a third UMW A leader was beginning his career in the
early 1900s, He is John Owens, present International Secretary-Treasurer. • Owens was born in Clydach Vale, South Wales,
on October 29, 1890, and came to America with his parents a an infant. ·The family settled in Ohio and Owens went to work
in the mines at the age of ten. His career with the Union has
included posts as checkweighman in a local union, local secn·tary, president of an Ohio subdistrict, President of the Ohio
District of the UMWA, Special Assistant to President Lewis, and
now International Secretary-Treasurer. .
The late Philip Murray, who directed the organization of
America's steelworkers and later became president of the United
Steelworkers of America and successor to John L. Lewis as
president of the Congress of Industrial Organizations, aLo
started his career in the coal mines of America and served a ·
President of the Union's Pittsburgh District and for many ye:m
as International Vice Pre_sident of the UMW A.
There are scores of other former officials of the Ul\flVA
serving the American labor movement in various capacities of
leadership in other unions.

THESE MINERS WONT ORGANIZE
A UNION HERE,_ 8URN
THEM OUT, M~N / ,
----=-"--

Page 15

., ____,

NEWSPAPER MEN AREN"T

WELCOME IN Tl-11S
:--..-• MINING CAMP

�u niled Mine ·w01·ke1'S J01,('r.1ial

l UMb! lU

August 15, 1957
(

The years of 'World '"rar I brought a certain amount of
stability to American coal production and the UMW A made
mu~ progress in its drive to build the organization. The end
of the · war, however, brought depression to the industry and a
concerted drive by the employers to break the union.
These were hard, lean years for the U:tvfvVA and for John
L. Lewis. Poverty, unemployment, low wages, long hours and
violence stalked through the coal fields. Dissension in the
Union's ranks, spurred on by communists " ·ho set up a dualunion organization, and the union-bustin g efforts of the coal
operators brought a decline in membership from more than 600,000 in 1923 to approximately 200,000 by the late 1920s.
The UMWA was one of the firs t organizations in the United
.States to take · definite action against communist attempts to
~rupt the labor movement. As early as 1923 the Union's International Executive Board warned against the menace of communism and in 1927 the· International Convention amended its
Constitution to prohibit members of the Communist' Party from
belonging to the United Mine Workers of America.
By the time of the great stock market crash in 1929, there
were more than 200,000 unemployed coal miners. Operators
engaged in cut-throat competition to the point where coal was
being sold below production costs and w ages had been slashed
to as little as $1.50 a day in -areas in the South. The UMWA
sought help from the Federal government in ·the form of IegisBY THE TIME OF THE GREAT STOC.K
MARKET CRASH IN 1q2q, THERE
WERE MORE THAN 200,000 UNEMPLOYED
COAL MINERS.

N

R

This clause also was the key. to the organizing success of
the CIO--the Committee for Industrial Organization- founded
and directed by John L. Lewis in the New. Deal era to bri~
unionism to -millions of working men and women in America's
gigantiG mass-production industries such as the steel a nd ' auto
industries.
• •
.With. its great -1933 organizing driv~ in th - coal fi elds a
success, the_UMWA move9, with the help of the Fed ral governmen_t, to convene a joir.t wage conference with the coal oper.ators for t~e purpose of negotiatiing a working agreement in
the industry. After three months of meetings and a one-day
strike as a show of Union strength the operators signed the
Appalachian Wage Agreement-in effect, the fir t
ational
Wage ,O.greement-and a code of fair competi tion in the industry. . Wages were boosted in mines in both the
orth and
South. The 40-hour work week was es tablished . Grievance
machinery was provided. Company stores were to be regulated.
The practice of paying coal miners with scrip instead of money was abolished. And most important of all, the l\1W A was
recognized by the oper~tors as the collective bargaining agency '
for the coal miners. This first Appala&lt;:hian Wage Agreement
was the basis for the present industry-wide contracts in the coal
industry.
The Union next conducted a sort of moppi ng-up campaign,
with the first objective the recognition of the U nion in the so-

A

JOHN L. LEWIS MOVED QUICKLY TO REORGANIZE
THE DEPRESSION-BATTERED UNION.

FRANKLIN D. ROOSEVELT'S
NEW DEAL ' GAVE NEW LIFE
TO THE UMWA.

lation designed to stabilize the industry, but without success.
Some in the Union advocated nationalization of the industry as
a solution but this was opposed by Mr. Lewis and his administration. This difference over policy was one of the principal
reasons for the dissension in the ranks of the Union during the
1920s.
•
The election of Franklin Delano Roosevelt as President of
the United States in 1932 and the advent of the New Deal gave
new life to the UMW A. Mr. Lewis moved quickly and aggressively to reorganize the depression-battered Union. UMWA
representatives were dispatched throughout the coal fields to
preach the gospel of unionism. Key to the tremendous success
of the 90-day whirlwind drive that brought hundreds of thousands of coal miners back into the ranks in 1933 was a UMWAinspired clause in a law passed by Congress in the early days
of President Roosevelt's administration. This clause was known
as Section 7A of the National Industrial Recovery Act. The
clause was the brainchild of the UMW A and John L. Lewis. Efforts to get it passed in coal-stabilization legislation sponsored by
the UMWA in 1928 and 1930 had been unsuccessful. But the section was -lifted from these bills which had failed to pass Congress and inserted in the NIR...\. Section 7A said, in effect, that
the Federal -government guaranteed to American working men
and women the right to organize into unions and bargain col, i.. __ : _

-~ -

called captive mines of the steel industry. These are mines
owned by the steel industry, .the coal from which is used entirely
in the production of steel. The UMWA won a partial victory
at this time and · later brought all of the steel industry's coal
miners into the Union. Significance of this victory in the· early
New Deal days was .t he fact that it was the first time in American industrial history that the steel companies ever had signe~
a wage agreement with a uniori.
•
•With its own affairs once again in gooc;l order, the UMW A
turned its attention to the pressing problem of building the union
movement in America. The 1934 UMW A Convention voted
unanimous approval of Mr. • Lewis' recommendations that
UMW A delegates to the AFL conveption that year press for
organization of the mass-production industries.
The UMWA delegates were successful in getting a resolu-.
tion passed at the AFL convention authorizing AFL leaders to
grant industrial union charters to the nuclei of unions that were
springing up in soxlie: of the mass-production industries.. But a
·year went by without much· progress and in 1935 Mr. ~ewis ~nd
some other AFL union leaders decided to take defimte act.Ion.
The program proposed by them to the 1935 A'!L conve~tion
was defeated but Mr. Lewis quickly called a meeting of the mterested labor leaders. This meeting established the Committee for
Industrial Organization that was, within .th; next fe~ Y,ears, to

mximatch~ fiyn millin _:worlic , 1 thuJliiiien nma11-

�August 15, 1957

United- Mine Workers Journal

production industries into industrial unions, similar in structure in 1940 in Columbus, Ohio, city of the Union's birth, found the
to the UMW A. Backbone of the organizing drive was the treas- miners' organization in its strongest position in history up to that
ur~f the UMW A and the exp.erienced organiz(';rs who, just time. A strong leadership, a loyal membership, a sound treasury
shortly before, had successfully reorganized · the coal industry.
and good contracts with the coal operators throughout the coal
UMW A Vice President Philip Murray became chairman of ~elds were among the assets of the 'UMWA as it celebrated its
the Steel Workers Organizing Committee of the CIO. The 5.0th anniversary.
Miners' 'Union supplied hundreds· of leaders and organizers to
But this convention also saw an open break between John
the drive .. Nine months of intensive work by Mr. Le,-v.is and his . L. Lewis and Franklin Delano Roosevelt. Irritation between
aides brought victory in the drive to organize the United States the head of the CIO and the President of the United States had
Steel Corp. when it signed the first contract with the SWOC. been increasing since 1937 when the President criticized both the
The CIO moved quickly to take advantage of the desires and CIO and the Little Steel iz:idustry following the killing and beathopes of m illions of workers in the mass-production industries ing of a number of striking steelworkers by _company guards and
for union organization. Within a short while contr~cts were state and local police. President Roosevelt had said "a plague
signed in the a uto industry, in the farm equipment industry, in on both your houses."
the meat p a king industry and in scores 6f other major industries
•. Mr. Lewis replied: "It ill behooves one who has supped.
that never b fore had dealt with unions. Some of these.indusat
labor's table and who has been sheltered in labor's
tries accepted collective bargaining wi!!iout too much show of
house
to curse with equal fervor and fine impartiality both
opposition . Others fought the unions with the same techniques
labor
and its adversaries when they become· locked in
that the coal operators had used in the past against the Miners'
deadly
embrace."
Union. There was bloody strife in some cases in the automobile .
industry and in the so-called Little Steel industry. In ~dditidn
By the time of the 1940 UMWA Convention Mr. Lewis was
to fighting th e employers, the CIO had to battle against the convinced that President Roosevelt should not be supported by
opposition of the American Federation of Labor which, "in an organized labor for a third term. He said so in no uncertain
action regarded as not in accordance with the Federation's con- terms and threw his support to Wendell ·L. Willkie, the Restitution, had expelled the C_IO unions from the Federation.
pul?lican :rarty candidate. Mr. Lewis said he would resign as
MR. LEWIS ANO HIS AIDES BROUGHT VICTORY IN
THE DRIVE TO ORGANIZE THE UNITED STATES
STEEL CORP.

THAT 'MEANS

ALL COAL
MINERS MUST

JOIN THE UMWA.

THE UMWA \M'.)N ITS DEMANDS
FOR ABOLITION OF THE SOUTHERN WAGE
DIFFERENTIAL. BASIC WAGE WENT TO t7 A DAY.

All during this period, the UMWA was building its own CIO president if Mr. Roosevelt were re-elected. That is what
strength and was successful in boosting wages and bettering ' happened. · Mr. Lewis stepped down as head of the CIO and
working conditions throughout the coal industry. On the legis- was replaced by Mr. Murray.
_
lative front, the UMWA was able to geca bill through Congress
The UMWA chief then turned ·his full attention to the
regulating the coal industry's pricing poltcies to prohibit the in- affairs of the UMWA with the first objective the abolition of
dustry fx:om selling coal below production cost. On the political the Southern wage differential. For years back, workers in
front, the UMWA set up Labor's Non-Partisan League with the Southern United States had been paid less than workers
the help of aU CIO unions and some AFL organizations. Initial performing similar jobs in the Northern states. This practice
purpose of this labor ,political group was to work for the re- was based ori the employers' fallacious theory that the cost of
election of President Roosevelt in 1936. E:\.-panding its own ac- living waslless in the South. The UMWA won its demands for
tivities, the UMWA established District 50 of the United abolition of this differential in 1941 and basic wages throughMine Worker-s to organize employes of the by-products indus- out the cqal fields-North and South-;-went to $7 a day. Next
tries of the coal industry, such as the chemical industry.
the UMWA successfully carried on negotiations to win the union
In 1938 the Committee for Industrial Organization's 33 shop for workers in the steel indi.{st:ry's captive mines.
unions met in Pit~burgh to form a constitutional organization
. In an effort to heal the split in the American labor moveto be known as the Congress of Industrial Organizations, re- ment, Mr. ,Lewis proposed a return to the AFL of all CIO
taining the initials C~O, which had become a symbol of a better unions, with the matter of jurisdictional differences between
way of life for millions of factory workers in America. Mr. Lewis, unions to be settled later. Nothing came of the proposal. •
who had been chairman of the Committee for Industrial OrAmerica's entry into World War II saw the government conganization, was elected first president of the new Congress of vene a Labor-Management Conference in an effort to try t,c,
Industrial Organizations.
wq_rk out a formula for labor-management stability during the
The year 1939 found the UMWA battling for and winning war. Labor was asked to give up its right to strike but managea union shop in the coal industry. This made it mandatory for ment representatives were unwilling to make any concessions.
all coal miners to join the UMW A.
Mr. Lewis declined to agree to the so-called labor-management
Golden Anniversa Convention of the UMWA. held nearP. fommhi fnr thic: 'N":lc:nn

�United iVline Workers Journal
Differences· between Mr. Lewis and Mr. l'vfurray over this
and other matters I~d to Murray's removal as Vice President of
the UMWA and a short while )ater to the withdrawal of the
UMWA from the CIO. .
Meanwhile, collective bargaining between management a11d
labor was replaced by government directive, the practical effect
of which was to freeze wages at 15 percent above the level that
had existed in January 1941. The Mine Workers were among
the first to rebel against what they regarq,cd as an arbitrary formula which they felt did not take into consideration their problems brought on by sharp increases in the cost of living.
• Efforts to_ make adjustments in coal miners' wages in 1943
met with flat rejection by the coal operators who d ecided to
depend on the government to see to it tha t no \\ age increases
were granted. Protest strik~s- by the miners led eve ntually to
government seizure of the soft coal industry, gove rn ment-sponsored negotiations and the winning of improved conditions by
theUMWA.
World War II; Miners Worked Hard

For the next two years, from 1943 through 1945, the miners
more than made up for the slight loss of production during the
1943 strike by_working nine hours a day and six and sometimes
seven days a week to supply coal ,to the American military machine and to America's allies.
The first formal proposal for the creation of a welfare fund
for America's coal miners was made to the coal operators by
the UMWA in 1945. It was an old dream of the Union dating
back to 1925. Nothing came of the proposal that year and the
Union settled for improved wages and work_ing conditions. But
1946 saw determined UMWA set out to win welfare benefits
for the nation's nearly half a million mine workers and members
of their families. To the proposal that the coal industry should
make some provision to ~are for the sick, injured and aged of
the nation's most basic industry th'e coal operators · turned deaf.
ears. A strike to win the welfare demand led_ to seizure of. the
industry by the ·Federal governrneni once again. Mr. Lewis
finally was able to negotiate a contract with the government,
calling for the payment of a 5-cent-a-ton royalty by the industry for the establishment of the United Mine Workers •of

a

0

• America Welfare and Retirement Fund.
America's coal miners will tell you that if John L . Lewis
never had won another benefit for them he would be remembered with greatest affec.tion for his winning of this _Welfare

Fund.
•
Years· of hardship and suffering by the men who
worked in the accident-ridden co~I industry with&lt;;mt fi.-

August 15, 1957

nanci~l help, 'medical care, retirement or death benefits
protection for themselves and their families had come to
an end. Today the Miners' Welfare Fund is in s.,.tnd
financial shape, well administered, and more than a
million persons, the crippled, sick, injured and aged of the
coal industry and miners' widows and orphans, have received benefits. The Fund now provides $1,000 death
benefits, $100-a-month' pensions after a miner has reached
the age of 60 a'n d has worked for 20 years in the indus ti·y,
and medical care for the accident victims and the sick of
•t~e in?u_stry, including miners' dependents.
•

In ~ddition, the W elfare Fund span or d th building of ten
mo~·ern hospitals in coal areas where in adequ ate or no faci li ties
for hospita) care prcvious)y existed.
The winning of the industry-financed W elfa re Fund by the
coal miners set a pattern that other large unions wer oon to
follow. Today a majority of union members in th e
nited
States are protected by some form of welfare arrangement that
provides protection for them over and above the meager al lowances provided by the Federal and state governments.
The basic philosophy of the Mi ners' Welfar F und, as expressed by Mr. Lewis, is th at "the cost of caring for the
human equity in the coal industry is inherentl y a vali d
as the cost of replacement of mining m a chinery, or the
cost of paying taxes, or the cost of pay ing interes t inqebtedness or any qther factor incident to the production
of a ton of coal for the consumers' bins."
1947: Taft-Hartley Passed

The year 194 7 •brougnt the passage by the 80 th Congress of
the Labor-Management Relations Act of 194-7, the so-called
Taft-Hartley Act, which Mr. Lewis called "t!t e first 11glJ1, sa vage thrust of fascism in Amedca." Bitterly opposed by organized labor, the law, however, has remained on the books a nd
its repeal is a goal of all unions in the United States. Th e Miners'
Union has b~en in the forefront of opposition to the sta tute a nd
to this day Mr. Lewis has refused to compromise his position
of demanding outright repeal of the law.
Provisions of this law and of a similar law that preceded
it led to the fining of the UMW A for contempt of court on two
occasions for refusal of the members to obey injunctions to return to work. The men were striking in protest over unfavorable
working conditions and felt that that was a basic right in America. The two fines of $710,000 and $1,4-20,000 were the largest
ever assessed by the American courts.
Despite the fines and the legal actions taken against the Union
under the Taft-Hartley law, the UMWA was able to win still
MR: LEWIS NEGOTIATED A CONTRACT WITH

FROM J't43 THROUGH 1q45; THE MINERS WORl&lt;ED
NINE HOURS A DAY, SIX AND SOMETIMES·
SEVEN DAYS A WEEK,,,,

THE GOVERNMENT CALLING FOR PAYMENT
OF A 5"-CENT-A-TON ROYALTY 6'( THE

INDUSTRY FOR THI: WELFARE

MEDICAL CARI:

TO SUPPLY COAL TO THE
AMERICAN MILITARY MACHINE
ANO TO AMERICA'S AL IF~ .

FUND.

,

�THE CAPTAIN OF A MIGHTY HOST.

T E UMWA MADE STRONG APPEALS
To THE FEDERAL CONGRESS 1t) ENACT
SAFTY ENFORCEMENT LEGISLATION IN
EFFORT it&gt; PREVENT ·METHANE

THIS LAW Now· AUTHORIZES
FEDERAL MINE INSPECTORS
To ORDER THE CLOSING OF
'HAZARDOUS MINES.

And .the men of the coal industry are confident in their own
fu rther improvements for the coal miners in contracts negotiated
ability to fight for a better way of life and in the leadership of
after the war.
.
Bu t th ma tter that continued to be of most vital concern . their president, John L. Lewis, who has said to them:
to the coal miners and their Union was the question of mine
·u1 have never faltered or failed to present the cause
safety. , hilc the government was still in control of the industry
or plead the case of the mine workers of this country.
in 1947 one of the worst disasters in mining his,tory occurred
I have pleaded your case from the pulpit and from the
a t Centralia Il l. when a. methane gas and coal du.st C.'\.'Plosion
publio platform; in joint conference with the operators
killed 111 men. T he great number of deaths 'centered public atof this country; before the bar of state· legislatures; in
t ntion on the matter, although the history of the industry showed
the councils of the President's cabinet; and in the public
that on a day-by-day basis nearly 1,000 coal miners had been
press of this nation-not in the quavering tones of a
killed each year and nf arly 50,000 injured. Once again the
feeble mendicant asking alms, but in the thundering
UMW A made strong appeals to the Federal Congress to envoice' of the captain of a mighty host, demanding the
act aicty enforcement legislation in an effort to prevent such
rights to which free men are entitled."
di~asters. D espite the appeals the Congress failed to act at that
tune.
It was not until anoth·e r such disaster occurred on Pecem.A New Miner-Illustrator, J. O. Asbury
ber 21 , 1951, at another Illinois mine at West Frankfort, that the
Congre s fin ally acted. In this West Frankfort disaster 119 coal miners lost- their lives while working underground on the last
shift before Christmas. Once again methane gas and coal dust
explosions were responsible for the slaughter. And once again
investigations proved that the disaster could have been prevented if the coal operators had used . proper ventilation and
other safety measures. The ·UMWA had failed in its long efforts to get the individual mining states to pass adequate safety
laws to prevent such accidents. But the Union finally, despite
much opposition from reactionary segments of the coal industry,
was able to get .a bandatory safety law p'assed by th~ Federal
Congress.
This law now authorizes Federal coal° mine inspectors to
order the closing of hazardous mines in which 15 or more men
are employed, such as those at Centralia and ,¥est Frankfort, . '
and provides punishment for coal operators who refuse to abide
by the regulations. The Union feels that the law should substantially aid in reducing the death and accident rate in the coal
industry.
•
In the . hope that the action would spur unity in the labor
JAMES OTIS .ASBURY-A SS..yenr-old member of UMWA
movement and heal--the breach that had existed since 1935
between the AFL and CIO, the UMWA returned to the AFL in . Local U11ion' 6023, Havaco, W. Va., Is the artist who drew the
1946. But refusal of the AFL to conduct an all-out fight against'_ illustrations for the preceding "Brief History of the United lllinc
'the Taft-Hartley law in 1947 led to the withdrawal of the Min- Worlce1·s of A111erica." Asbury lost a Jeg after being struck by n
ers' 'Union -from the Federation in that year. Since that time hit-and-run driver nlmost five years ago, and Jo the process of
the UMWA-has not been affiliated with either the AFL or CIO. vocational rehabllltatlon by the UMWA }Velfaro nod Retirement
There are signs of some economic readjustments to be made Fund and the State of West VkgtDla was sent to New York Olty
in America in the next few years, but the leadership of the to a.rt schooL Now b~k. at work In the mines as mecbanlc,
Minei:s• Union f01;esees a prosperous luture for the coal indu~try Asbury hopes to make nrt his career noel bas sold drawings to
with stepped-up production, increasing efficiencies and safer the lVes·t Virginia Department of Conservation and the UM\\·
working conditions.
Journal.
•

t&gt;

'

�-

40

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i,:~~;~~~
HOLMES AWARD WINNERS-Here are pictures of more
Ul\lWA members who won awards recently from the Joseph A.
Holmes Safety Association. They all have worked In the coal
fnd05try for 40 or more years without a. lost time accident. In
the top row (left to right) are William Bean, Local 2174, Rock
Springs, Wyo.; Frank Bittance, Local Union 2828, Superior, Wyo.;
An~L Behring, -Local-Union 8078, Stansbury, Wyo., and John
Lee Local Union 2335 Hanna, Wyo. In the middle row (left to
rlg~t) are Thomai:_~~~!:...lW.Jler, Local Union 2328, Superior,

Wyo.; Thomas Hudson Smith, Local Union 2174, Rock Springs,
Wyo.; Pet.er Staklch, Local Union 8078, Stansbury, Wyo., and
Joe Vesco, Local Union 2328, Superior, Wyo. In the bottom row
(left to -right) are Haydn Fulton Williams, Local Union 2174,
Rock Springs, Wyo.; Fred Schrock, to·cal Union 2246, l\farsteller,
Pa.; Oscar Wingo, Local Union 5829, Praco, Ala.., and L. L.
Chance, Local Union fi829, Praco, Ala. The first nine men pictured work for the Union Pacific Coal Co. Schrock is retired.
Wingo and Chance work for the AlabllDla By-Products Corp.

�ourna

Plll{E!

I

THE CIT A TION-This is n.
reproduction of the citation
1&gt;resen ted by the American Na,,
tlona.I R etl Oross to President
John L . Lewis, the UMWA and
the 01\IWA Welfare and Retirement Fuml on June 25.

Work And ti&gt;lay
MERRY POINT, Va. (PAI)
-He's not growing wealthy,
but a man of Litwalton, near
here, has a rare job where he
can com):&gt;ine business with
pleasure.
.
He operates a ferry from
Merry Point to Ottoman, across
the Corotoman River. While
the gasoline engine pushes the
two-car ferry along, he trolls
for fish.
•

CHARLES R. LUCAS - of
Washington, Ind., is a. veteran
of the coal mining industry, an
old-time member of the Ul\lWA
nnd n. ·pensioner of the UMWA
Welfare and Retirement Fund.
Luca.s has written the Journal:
"The Lord and John L. lewis

and the rood people of t.he
earth have given us old mlnera
n. way to live and get medJcal
1
ar "

·Soft Coal Output To Reach 506 Million
Tons In 1957~ 'National Coal--Ass'n Says
The production of bituminous coal .in 1957 will exceed last
year's output, despite a softening of •industrial production,· and
after allowing for a slowing down in some of coal's important
markets, the Committee on Coal Economics of the National
Coal Association reports.
Looking I:1eyond the end of 1957, the committee in its regular
quarterly forecast also predicted a further gradual rise in production in the 12 months ending June 30, 1958.
Output'in calendar year 1957 is estimated at 506 million tons,
and for the 12 hlbnths ending June 30, 1958, is estimated at 510
million tons. Th~se compare with 1956 production of 500 million
tons.
Broken down by industry groups· the estimates ·in millions of
tons are as follows:
•
Calendar 1957
1956 Official
155.018
Electric Utilities - - ----,--- 165,0
Coking coal _ __ _ _ _ _ _ 107.0
105.830
5.100 ·
Steei &amp; rolling rnllls
5.2 ,
Cement mills ..
10.0
9.224
Railway fuel ____ .,
8.5
12.308
95.650
Other industrials
95.0
• 49.125
Retail dealers
41.0
432.764 .
Total U. S.
431.7
, 20.632
Canada
21.0
47.892
Overseas exports
53.0
500.0
. Production · _,.,_...
506.0

A Cool $64,000
The "~64,000 Question" and
similar fabulous
giveaway
shows have served to dramatize' the huge tax bite taken by
Uncle Sam-and triggered a lot
of . financial figuring by those
so inclined. One calculator has
it figured that a person \vith an
income of $4,000 a year \vould
have to win a cool $448,711 to
take home $64,000 from a quiz
program.
The government
would take $384,711 in ta..'Xes.

Anticipated 1957 production would compare· even more favorably with 1956, the committee said, except that last year was
one of active stockpiling by coal's customers, to the extent of sl!&gt;me
ten million tons.
•

• Illinois Has New Compensation Law
District 12 President Hugh White has reported to the Journal
that a new compensation law bas been passed by the _Illinois
legislature calling for unemployment benefits ranging from $30 a
week for single persons to $45 -a week for persons with four or
more dependent children. 'rhe former range was $28 to $40 a
week.

White ls a member of the Governor's Advisory Board on Unemployment Benefits. The UMWA actively supported the new
oill in the form in which it was enacted.
I

-

~• ---

50 'f'EARS OF l'\IARRIAGE
-were celobrotcd recently b:v
lflr. a11d lflrs. J. P. Wiley of
Centro.Ila, DI. Wiley, 72, ls n
retired coal miner, a membt'r
of UM.WA Local Un_ion 52, and
has lived at Centralln. for 4 7
years. Mr. and l\In. WUey
ha.ve three chll~n. ee,·en
grnndchlldren and four gl't'ntgrnndchlldren.
nN.a

rntnf..l.Jen._ nrr Tn

nnn

�august lo, 19a,

DISTRICT 22 CONVENTION-Delegates, guest·s and friends are shown in this picture tu.ken at the convention of Ul\I\VA
District 22 which was held at the Newhouse Hotel, Salt Lake City, Utah. District President J. E. Brinley presicled :rncl
rousing speeches were delivered by guest orators Henry Allai and John Kmetz. •Allui is Intemationul Bon.rd Illember for Dlstrict
14 and Kmetz is International Bou.rd Member for District 1. Reports were given by District 22 officiais including International
Board :l\lember l\,lalio Pecorelli, Secreta.ry-Troasu.rer Arthur Biggs, Vice President Frank Sacco, and Edward Sheya, attorney for
the District. Other guest spealcers were: Donald McFarland, supervisor of the Pensions Department of the UMWA Welfare and
Retirement Fund; Dr. William A. Dorsey, Welfare Fund area medical supervisor in Denver, Col9., and l\llss Acla Kruger of the
Denver Welfare Fund Office.

That One Vote
NEW BUFFALO, Mi-ch.
{PAI) - Who says -one vote
doesn't count! Frank A. Castelluccino, 23, a law student,
knows that it does.
Castelluccino received an absentee ballot for the ·Michigan
spring elections and saw that
no one was running in his township as highway commissioner.
The University of Detroit
freshman decided to write in
his own name. His one vote-the only one cast for the job
-stood up. He's - now New
Buffalo's new highway commissioner.

A leading utility executive
who anticipates some "gradual"
loss by the .coal :industry to nuclear fuel , has said he believes
"on balance, even the atomic
energy scales will be tipped in
favor of coal for at least 10 to
..:., 20 year~-"

Utilities Burn 12.6 Million Tons Of Coal
In May: Highest Consumption On Record
Coal consumption by electric utility power pl~ts was 12,599,829 tons in May, the highest May coal consumption on record
and an increase of 4.6 percent over the -12,048,573 tons consumed
in May, 1956. This is according to the latest statistics from the
Federal Power Commission. The May, 1957, total · was .8 percent above ·the 12,496,533 tons consumed in Apdl.
Twelve months consumption of ·coal by the utilities totaled
160,377,105, an increase of _3.9 percent as compared with totals
for the 12 months ending May, 1956·.
•
The indicated May rate for combustion of coal was .92 pounds
per kilowatt hour compared with .93 pounds a year earlier.
Coal stocks on hand at electric utility power plants on· June .1
tptaled 48,558,395 tons, 12 percent above the 43,056,275 tons in
stock a year earlier and 4.1 percent above the 46,659,620 tons in
stock at the beginning of the previous month.
In terms of days' supply, based on the rate of consumption
for May, there were sufficient stocks of coal on hand on June 1
to last 119 days as comp~red with 112 days a mol)th before and
111 days a year ~arlier. . . •
•
Fuel oil consumption· by the electric .utilities increased -41.3
percent in May, -1957;- a_,; . compax:cd with May, 1956: The May
consumption of fuel' oil was 2.5 percent below that for April,
1957.
•
Consump~ion of gas dropped 1.7 percent during May, 1957, as
compared W1th May, 1956. May, 1957, gas use was 10 percent
above that of April .

It's A Rarity Bn 'iiexas
Lumps of anthracite were in
demand with -a contingent of
Texans at the recent Valley
Foi:ge, Pa., national jamboree
of the Boy Scouts of America.
Swaps of just about every
character were a favored passt i m e-and . opportunity for
making n e ~~ friends...:._arnong
the thousands of Scouts who
represented many couhtries be:
sides the U.S. Frank Walsh,
Scranton Times correspondent,
reported anthracite lumps were
traded for horned toads in a
deal between some Pennsylvania Scouts and the Texas
boys.
During . the 18 months between October, 1954, and
March, 1956, electric utility
companies burned· more than
218 million tons of coal for
power a tonnage equal to nearly haif of 1955's total bit_uJ?linous production of 470 m1lhon
tons.

�Au~st 15, 1957

'

United Mine Workers Journal
I

Screenings
'ii'ranquilizer
Modern fa milies don't worry about the
wolf any m or e. They just: feed him in installments.- S urvey Bu lletin.

Some Fact~ About ~if~

Missing
Wealthy people miss one of life's greatest thrills-paying the last installment.
-Sunshine Maga zine.

All women are convinced:.
That they weigh too much.
That they are busier than anybody in the
CoouDill'ioned R.eflex
This Can Lead To Socialism?
whole world..
•
A Marine officer and his family were· on
Khruschchev thinks our grandchildren
a bus in San Francisco, en route home to That nobody realizes how hard they work.
Minnea polis. H e was reading a newspaper. That nobody else's house gets as messed- will be socialists. He is. smart to skip our
~hildren who, judging by the way they
up as theirs.
•
.
His wife was tending the baby and their
r owdy small son was cavorting in the aisle. That their husbands and children are not pursue their fees for grass-cutting. dishwashing and baby-sitting, are unshakeco-operative.
Just then a n earthquake hit.
.
/ able capitalists.
-Portland Oregonian
That men are impractical. •.·
.
Without even J9oking up from his paper,
the Marine yelled a t the kid, "All right, · That they do not "have · enough clothes.
That men are not interested 'in anything
Mariners Count
you, cut t ha t out !"
important.
.
- Minneapo{is Tribune.
A small girl developed a disconcerting
That thsir houses need re-decorating.
. habit of running into the neighbors' houses
That tliey , do not get· -th'e consideration unannounced. The other day a neighbor
f.12lo wel/' 01 'ii'hought
they deserve.
asked her, "Suzanne, why don't you knock
Art Linkletter was interviewing some
or ring the doorbell instead of just walkkindergarten children on hi.s show one All men are convinced:
ing in?"
after noon.
That nobody realizes how hard they work.
"Do you like school?" he asked one.
"Because,'' explained Suzanne patiently,
That nobody's wife is as fussy a house"Yes," said the tot. "Except when we're
"my
mommy told ~e not to go around
keeper as their;;.
ringing people'.s doorbells."
naughty and get sent to the thinking That women talk too much.
ta ble."
That women are extravagant.
"Oh," said Linkletter, "a,nd what do you That this year's fashions are the craFest
Promotion
think about at the thinking table?"
yet.
Head of the White House Secret Serivce
"We think," was the answer, "about not That they know the one spot in the whole detail in F.D.R. days, Mike Reilly, tells
hitting anyone."
, .
country where the fish bite best.
of Secret Service man Tommy Callaghan
I
That women are not interested in anything calling on top boss Frank Wilson to ask
Escapist
important.
for a raise. "Why do you think you deA young man who complained of his That nobody realizes how much they have serve a raise?" asked Wilson. "From
dreams was being reassured by his psyon their minds.
•
what I hear you spend most of your time
chiatrist.
'That t hey do not get the consideration in Chicago in third class saloons." Re"Stop worrying, son," the- doctor conthey deserve.
•
plied Callaghan, "That's just it. I need a
soled, "it's perfectly normal for a fellow That women bave no sense· of humor.
raise so I can spend more time in first class
like you to dream he is being pursued
saloons."-Eagle.
•
by beautiful girls. There's nothing wrong All children are convinced:
in dreaming that lovely girls are chasing That their parents are stricter than anySmall Comfort
you."
,
body else's.
From the New Yorker, which eve!ly sum"But doctor," the youth moaned uncon- That everyone gets a bigger allowance
mer swears off after printing a couple of
soledly, "I keep getting away."
than they do.
"camp classics,'' comes ·t his story of an
That everybody else gets to stay up later
11-year-old
girl's first written report· to
We Nominate For So~ething
thEl.n they do.
the home folks. Seems her parents had
The woman who drives 9 miles to save Tqat they don't get as good report cards
29 cents on groceries, and stops enroute to
as they deserve because the teacher has been after her for some time to behave
less like a tombo)' and more like a proper
it in for them.
•
purchase 69 cents worth of ice cream cones
for the kids; the man who plays golf to That nobody else has .to do as many chores young lady.
"Dear Mummy and Daddy," she \'\&gt;Tote,
as they do.
keep thin but hires a boy to mow the lawn;
"your worries are over. I am really growthe wife who scrimped for years to buy That their parents are ·very old-fashioned.
ccirpeting for the living room a_n d now That they will someday be rich and fa- ing up. I am in a tent with older girls
and all we talk about is boys and stuff.
mous.
won't let · anyone ·walk on it; the husbanql
who lies awake all hours of the night but That· grownups are not interested in any- Love, Linda.
"P.S. Please send me some more jacks
snores all through the preacher's sermon
thing U"llPOrtant.
--Jane Goodsell, PAI. and a water pistol."
on Sunday.-The Furrow

Praise

Inflation

"How did you do at school
today, dear?" asked the little '
lad's mother:
"All right, I guess," was the
answer. "Teacher said I was a
regular little beaver."
"She did?" exclaimed the parent proudly. "That goes to
show what a hard-worker you
are!"

Joe E. Lewis was bemoaning
the high cost of living. "Do
you 'realize," he told a pal, "it's
gone up another $1 a quart? 0

"We-1-1, not exactly,'' said the
boy. "It was really for chew-

illn

11 1nnnll

Officials at the big Whamclitre colliery at Barnesley,
England, have agreed to start
the work day one hour earlier
so that mine workers can get
home in time to ha,·e a _glass
of beer, watch television and
see their children before they

�Page 24

United Mine Workers Journal

By Margaret Moran

August 15, 1957

Simple Sea~onings

Fresh green vegetables· need
Give Vegetables A LJft
not take! on a wasfied-out look
when cooked properly. If they
Bit:; of crumbled, crisp bacon
are ·cooked until' tender but
or salt pot k, or a Uttle left-over
still slightly crisp, and cooked
ham, make a nice .addition
under cover, they can lookto cooked -vegetables. Fin e
and taste-good enough to
chopped onion or onion juice
bring calls for second helpings.
adds a peppy touch.·
•
For boiling, use lightly salted
Try
a
'
dash·
o{ Chinese soy
water-~{! teaspoon salt ana ½
sauce 011 chard, spinach, or
to one cup water, depending
broccoli. A tablespoon or t wo
on cooking time. Bring the
of green pepper or parsley does
water to a boil before adding
wonders for snap beans or
the vegetable.. After adding
summer squash. Cook a few
the vegetable, cover the pan.
mint leaves with peas. Try a
When the water boils again,
pinch of herbs or spice in the
reduce heat. Some green vegwater when cooking .lima beans.
etables, such as shredded cabA little vinegar and sugat'
bage or - spinach leaves, may
heated together, with or withrequire as little as three minout a few_tablespoons of cream,
utes to cook tender. Green is a popular dressing for snap
Hrna beans may take 20 to -30
beans or cabbage. • Try a dash
minutes, snap beans i5 to 30
of nutmeg in cream sauce for
minutes.
64 I ~P_} .t,:--:},
vegetables.
When boiling leafy greens,
"Let's see, now ; what'll I have?"
such as spinach . and beet
~oint· up flavor of cooked
greens, the water clinging to
v.egetables by seasoning with
the leaves after washing them
flavorful fats-bacon drippings,
may be all the water needed in cooking. Cor·!t Clwwde,·
table. fats, or salad oil with lemon juice,.
Put the greens into the pan, adding salt
horseradish or a whisper of garlic.
in layers throughout. Reduce heat after
~f you ~se b,acon drippings, add b\tS of
Two slices bacon, diced, ¼ cup-chopped
steam begins to escape and cook slowly to onion, 2 cups fresh corn cut off cob, 2 cups crisply fried bacon. These are especially
prevent sticking. •
boiling water, 1 quart milk, 1 ½ cups good with spinach ·or other greens.
Serve the' vegetables promptly. Flavor mashed potatoes, 1 tablespoon salt; ½ teaBut go easy. with these seasonings. Their
will suffer when they are allowed to stand. spoon whole marjoram leaves, •crumbled, pungency easily overshadows the delicate .
¼ teaspoon ground pepper, 8 saltine crack- flavors of vegetables.
ers.
Batter·-Coated Squash Rings
Fry bacon until crisp. Remove and add
Baked Summer Squash
onion.
Saute
until
limp.
Add
corn
and
One pound summer squash, 1 cup panwater. Cook for 10 mµiutes. Stir in milk, ' Six small summer. squashes, .boiling
cake flour, 1 cup milk, fat for frying.
water, ½ teaspoon minced parsley,
Wash squash and cut in ¼ inch slices. potatoes and seasonings. Heat. Crumble salted
teaspoon salt, ;i cup grated' Parmesan
Mix pancake flour and milk in a small a cracker in each bowl . and pour in soup. ½
cheese, 1 cup cream cheese, 1 green onion
bowl, beat until smooth with rotary beater. Garnish with crumbled bacon.
minced, 1 tablespoon heavy cream, ¾ tea~
Melt fat 1-inch deep in heavy fry pah. Casserole Of Vegetables
spoon pepper, dash of paprika, grated ParDip sq41sh_slices into batter and fry in
mesan cheese, milk.
hot fat, a few at · a time, until golden
One cup diced potatoes, 1 cup· diced
Cook the whole squashes in boiling
brown, about 3 minutes. Drain on brown celery, 1 cup green peas, 1 cup lima beans,
salted
water. Drain. Scoop out the cenpaper, sprinkle with salt and keep in· slow 1 medium onion, chopped, ¼ cup rice, 1
oven until ready to serve. Yield: 6 serv- cup cooked tomatoes, 1 teaspoon salt, ¼ ters, leaving a substanti.a l wall. Mix the
scooped out pulp .with parsley, salt, ¼
ings.
teaspoon pepper, 4 bou_illon cubes, 2 cups • cu;&gt; grated Parmesan cheese, cream cheese,
boiling water, 1 to 2 tablespoons butter or omon, cream, pepper and paprika. Sprinkle
Scalloped Green Vegetables
substitute.
,
•
with grated Parmesan_cheese and refill the
Dissolve the bouillon cubes in the boiling shells. . Place in · a' well greased shailow
Start with any cooked vegetable. Try water and combine with rest of ingredients baking pan, pour in the milk and. bake
two or more together. Asparagus with except butter. Turn into a greased cas- in a moderate oven about 20 minutes.
cabbage-snap beans with ~ut-up broccoli . serole, dot with butter, cover and bake
-lima beans with one of the green leafy in . a slow oven about 2 hours · or until the (;auliflower. W(th ·cheese Sauce
vegetables-are three of many good com- vegetables are tender.
I
.
binations.
One medium head cauli:flower,1 ¼ cup
Two cups drained cooked green veg- Cucumber In Sour Cream
butter or substitute, 1/.1 cup flour, 1 teaetables, 1 to 1 ½ cups medium white sauce,
spoon salt, 1 teaspoon. dry mustard, 2 cups
salt to taste, pinch of dry herbs, ¼ cup With Fresh Dill
: milk, F cup grated American cheese, 1
dry bread or cracker c~bs, 1 tablespoon
cup soft bread crumbs, 2 tablespoons
butter or substitute.
Two cucumbers, about 8 inches long, 1 . melted butter.
Combine vegetable sauce and seasonings cup thinly sliced onion rings, ¼ cup sour
Remove leaves and stalk from cauliin a . greased baking dish. Mix crumbs cream, 1 tablespoon yinegar, 1 tablespoon flower. Separate into flowerets. Rinse in
with the butter and sprinkle over the water, ½ teaspoon salt, ¼ teaspoon ground cold. running watf:!r. Boil uncovered in
vegetable mixture. Bake in a moderate white pepper, 2 tablespoons fresh dill, large kettle of boiling, salted water about
oven until sauce is bubbling and the top- finely chopped, two hard-cooked eggs, 10 minutes, or until tender. Drain. Melt
ping slightly browned, about 30_·minutes.
sliced.
.
butter, blend in flour, salt and mustard,
For variety: Put the vegetable and
Wash cucumbers, wipe dry and score gradu~y add milk. Cook over boiling
sauce into the dish in separate layers, down the sides with · a fork. Slice thin water, stirring constantly until thickened.
with a sprinkling of grated cheese or :finely and combine with onion rings, sour cream, Blend in cheese. Ar.range cauliflower in
chopped onion or parsley or cooked mush- vinegar, water, salt, ground white pepper individual baking dlshes. Cover with
rooms between layers. Use ½ cup smrul and dill. Toss lightly. Turn into serving sauce. Toss crumbs with melteg butter.
Garnish with hard-cooked egg Sprinkle on cauliflower. Bake in a hot
bread cube;; in place __ of the. crumbs, and bowl.

w15° .

-----...-

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                <text>United Mine Workers Journal Aug. 15th, 1957</text>
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                <text>The Union Pacific Coal Co.</text>
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                    <text>EN MONTHS: Page 7

c_,

70th Year,No.17

September 1, 1959

Twjce a Month •

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Labor Day-1959

�United • M.ine , J:Vork~1-s ·,.Journal

Officia
JOHN L. LEWIS, President
United l\line Workers' Building
' , U'.,~sbington 5; D. C.

THOMAS KENNEDY, Vice President
United Mine Workers' Building
Washington 5, D. C.

INTERNATIONAL EXECUTIVE BOARD
l\IEI\IBERS

DISTRICT PRESIDENT

JOHN OWENS, .Secretary-Treashrer
United Mine Worlcers' Buildi 1g
Washington 5, D. C.
DISTRICT
/
SECRETARY-TI~EASUR~it

d'

District L - JOHN KMETZ, 165 S. Franklin St., AUGUST J . . LIPPI, 165 S. Franklin - DAVID CUMMINGS, 165 S. '?rank-·
· _ _ _ _ __
Wilkes-Barre, Pa_
• Jin St., Wilkes-Barre, Pa. j
..
, St., Wilkes-Barre, Pc&lt;..."'- -·_ __
District 2___,_ ,JOHN GHIZZONI, 521 W. Horner JOHN GHIZZONI, 521 W. Horner EDWARD SWEENEY, 521 WI. HorSt.. Ebensburg, Pa _ _ _ _ __
St .. Ebensburg, Pa. _ _ __ __
ner St.. Ebensburg, Pa.
f
District 3_ _ EWING WATT, 106 W. Otterman St., EWING WATT, 106 W. Otterman St., EWING WATT, 106 W. Ottei man St.,
Pa__,,
_
_
•
_
_
_
_
_
Greensburg,
..,
Greensburg, Pa.
Greensburg, Pa: _ _ _ _ _ __
District 4...,___ WILLIAM HYNES, Gallatin Natl. WILLIAM HYNES, Gallatin Natl. MICHAEL HONUS, GaHatin Natl.,
Bank Bldg., Uniontown ; Pa.
Bank Bldg., Uniontown, Pa ...... _.........
Bank Bldg., Uniontown, Pa ......- .....:...
District 5---· ,TOSEPH YABLONSKI, Clarksville, JOSEPH YABLONSKI, 938 Penn JOHN SEDDON, 938 .~Penn Ave.,:
Pittsburgh 22, Pa.
Ave., Pittsburgh 22, Pa. _ _ __
Pa.-- - - - - - - - - - District s__ _ PETER PHILLIPPI, Box 194, Cadiz, ADOLPH PACIFICO, Room 702, 85 RONALD C. OWENS, Room 702,
85 E . Gay St., Colu1J1bus, Ohio
Ohio
• E. Gay St., Columbus, 0hio.....- ....·-·District 7--· MARTIN F. · BRENNAN, 204 United MARTIN F. BRENNAN, ''204 United CORNELIUS O'DONNELL. 200
United Mine Workers' Bldg., HazleMine Workers' Bldg., Hazleton, Pa.
Mine Workers' Bldg., Hazleton, Pa.
0
ton, Pa. District g__ \VILBERT KILLION, Brazil, Ind...... ELIAS DAYHUFF, Coal City, Ind..._ . ARTHUR LINTON, Route 5, Brazil,
Ind.
District 9_ ___ .TOHN J. MATES, 125 Tunnel St., JOSEPH KERSHETSKY, 508 Dime JOSEPH KERSHETSKY, 508 Dime
Trust and Safe Deposit Co. Bldg.,
Trust and Safe Deposit Co. Bldg.,
Williamstown, .Pa.-"-----Shamokin, Pa. _ _ _ _ __ _
·
Shamokin, Pa.
•District 10-- SAM NICHOLLS, Box 299, Renton, SAM NICHOLLS, Box 299, Renton, SAM NICHOLLS, Box 299, Ren ton,
Wash.
Wash.
· -------Wash. - - District u___ LOUIS AU,STIN, 2504 N. 13th Street, ERNEST GOAD, 301 N. Eighth St., RALPH DAY, 301 N. Eighth St.,
Terre Haute, Inn...__ _ _ _ __
Terre Haute, Ind. _ _ _ _ _ __
Terre Haute, Ind.
District 12__ JOSEPH SHANNON, 212 S. 18th St., HUGH WHITE, United Mine Work- EDWARD GIBBONS, United Mine
ers' Bldg., Springfield, Ill. _ __
Wo~kers' Bldg., Springfield, Ill.
Herrin, Ill.
District 13_ _
JOHN A. HUFTON, United Mine JOHN A. HUFTON, United Mine JOHN A. HUFTON, United Mine
Workers' Bldg.. Albia, Iowa
Workers' Bldg., Albia, Iowa ----·----·
Workers' Bldg., Albia, Iowa-· -- -·
District 14-..... HENRY ALLAI, Box 436, 317 Profes- HENRY ALLA!, Box 436,317 Profes- HENRY ALLAI, Box 436, 317 Pro, sional B_ldg., Pittsburg, Kans ...............
_sional Bldg., Pittsburg, ·Kans. ___ .....
fessional Bldg., Pittsburg, Kans.
District 15_. FRANK · HEFFERLY, 210 Wilda FRANK HEFFERLY, 210 Wilda FRED HEFFERLY, 210 Wilda Bldg
Bldg., 1441 Welton Street; Denver
Bldg., 1441 Welton Street, Denver
1441 Welton Street, Denver 2, Colo'.
2. Colo. _ _ _ _ _ _ _ _ __
2, Colo.
District 16. JOHN L. MAYO, 35 Clark-Keating JOHN L. MAYO, 35 Clark-Keating "JOHN L. MAYO, 35 Clark-Keating
Bldg., Cumberland, Md. _ _ __
Bldg., Cumberland, Md.
Bldg., Cumberland, Md.
•
District 17~. R. 0. LEWIS, Box 1313, Charleston, R. 0. LEWIS, Box 1313, Charleston, R. R. HUMPHREYS, Box 1313,
Charleston, W. Va.
W. Va. - - - - - - - - - W. ,Va. - - - - - - - - - District 18__ EDWARD BOYD, 102-103 P. Burns EDW ARD BOYD, 102-103 P. Burns WILLlAl\1 URE, 102-103 P . Burns
Bldg., Calgary, Alberta, Canada........
Bldg., Calgary, Alberta, Canada........
Bldg., Calgary, Alberta, Canada.
District 19__ JAMES W. RIDINGS, Box 521, Mid- JAlvIES W. RIDINGS, Box 521, Mid- ALBERT PASS, United Mine Workdlesboro,
Ky.
_
_
_
_
_
_
_
_
dlesboro, Ky.
ers' Bldg., 210 N. 20th St., Middlesboro, Ky.
District 20 __ WILLIAM MITCH, 517-522 Comer WILLIAM MITCH, 517-522 Comer
Bldg., Birmingham, Ala. _ _ __
Bldg., Birmingham, Ala. _ _ __
District 2L- DAVID FOWLER, 415 Metropolitan DAVID F0\1/LER, 415 Metropolitan
GEORqE GRIFFITHS, JR., 415 MetBldg., Muskogee, Okla. _ _ __
Bldg., Muskogee. Okla.
'
ropohtan Bldg., Muskogee Okla
District 22 __ MALIO PECORELLI, 428 Railroad HARRY MANGUS, Room 20, Oliveto
Ave., Helper, Uta'h...,_______
Office Bldg., 23 So. Carbon St., ARTHUR BIGGS, 318-19, N~rth Slde ·
State Ba!1k Bldg., P.O. Box 920
Price, Utah
·
Rock Sprmgs, Wyo.
'
District 23__ ED J. MORGAN, Madisonville, Ky, __ ED J. MORGAN, Madisonville, Ky...,..
JESS _LOVELACE, Box ·552 Madisonville, Ky. •
'
District 26__ JOHN H. DELANEY, 340 King Ed- WILLIAM · MARSH, Commercial
ward St., Glace Bay, N. S., Canada
Bldg., Glace Bay, N. S., Canada -·-· MICHA:EL HIGGINS, Box 45, Commercial Bldg., Glace Bay N S
Canada
'
• ·1
District 'Z1--· W. A. BOYLE, Box 1257, Billings, R. J. BOYLE, Box 1257, Billings,
R.
J.
BOYLE,
Box
1257
Billings
Mont.
•
-·====---Mont.
District 28__• CARSON HIBBITTS, Box 311, NorMont.
'
'
CARSON HIBBITTS, Box 311, Norton, Va. _ _ __ __ _ _ __
CARSON HIBBITTS, Box 311 Norton, Va. - - - - - -- - - District 29....•_
ton, Va.
'
GEORGE. J. TITLER, Chilson Ave. GEORGE J. TITLER, Chilson Ave
at Raleigh Rd., Box 511, Beckley
J.
BUNCH,
Box
511,
Beckley,
at
Raleigh
Rd.,
Box
511,
Beckley;
W. Va. _ _ _ _ __ _ __
W. Va.
'
District 30-CA~SON HIBBITTS, Box 50, PikeCOMBS, Box 50, Pikevillet
ville, Ky,::::=--:-::-:-- : - - - - District 31- CECIL J. URBANIAK, Box 312
Fairmont. W. Va..
' CEC~ J. URBANIAK'. Box • 312
'
' L.
Fairmont, W. Va. .
~E'!, Bmc- 3~2. _F ~irDistrict 50__ A. D. LEWIS, ·united Mine Workers'
A.
D.
L~WIS,'_{!nited
'
M
ine
Wei-};~
Bldg., Washington 5, D. C......... ...
JOHN J . •BADOUD •1435
Bldg., Washmgtcin 5, D; c· - - · .. .
.
··--- -...... _,
·washington 5;· n.' c.
KSt,,~.W.,
INTERNATIONAL AUDITORS
l~TERNJTIONAL
TELLERS
.
..
..
•
~ E V. WO,ODS, Norton, Va.
CL J&lt;;)SEP,H WOODS, _S cranton, Pa. . . • UNIT~D l\lINE WORKERS JOURNAL .
?~§~E l\t· vVl:UTE, West Frankfort, Ill.
YDE W. RUNIONS,_Lochgell~,. w
.. Va. .. . .. :· JUSTm McCARTHY, Editor .
R&amp;"'{ LAUCK; Assistant Editor• ·
•
· •
·· ·
• 1437 K
United Mine Workers Journal m 1 1
W
Street, N. W.
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United' Mine workers Journal

Page ·3 '

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:{;/that's 'Up' On 1-he Hi/I
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Failure of Congressional conferees to agree on final session of Congress. It was a slim hope. If a bill is passed it was
wordi~g of tl?e Labo&gt;" Strangulation Act of 1959 resulted sure to be a bad one.
House of Representatives conferees · are Graham Barden
in mov:es by Senate members of the j9int committee to (D.,The
N.C.), Phil Landrum (D., Ga.), Carl Perkins (D., Ky.}, Frank
take the matter before the full Senate for instructions Thompson, Jr. (D., N.J.), Carroll Kearns (R., Pa.), Robert Grifon August 31, as the Journal went to press.
fin (R., Mich.) and William H. Ayres (R., OhioL.
• Except for Perkins, from a Kentucky coal area, and ThompAfter nine days o~ meetings, the 14-man conference
from industrial New Jersey, the House conferees favored the
committe~ reached a deadlock over the language to be son,
tough Landrum-Griffin bill.
used in three parts of the proposed legislation. The disThe House Rules Committee and the Senate Interior and Inputed sections of the bill deal with so-called secondary sular Affairs Committee were expected to act favorably before
boycotts, picketing for organizational purposes and so- Congress adjourns on a concurrent resolution calling for creation
called no-man's land labor-management disputes not cov- , of· a National Fuels Policy. The resolution has been introduced
in the House by 22 Representatives and co-sponsored
ered by either state or Federal law.
• individually
in the Senate by 41 Senators.
House of Representatives conferees, plugging for th!i tough
House-passed ~ andru1;1-Griffin bill, were reported to have won

Why ihe Anti-Labor Bill Us Sialled

The resolution would establish a joint Congressional committee
of eight Senators and eight Representatives to "make a full and
complete investigation and study . . . of the available fuel reserves of the United States and the present and probable consumption thereof." The joint committee would "formulate proposals
for a National Fuels Policy to assure the availability of fuels adequate for an expanding economy and for the security of the United
States, taking into account the investment necessary for the maintenance of efficient and adequate fuels and ·necessary related
industries and the necessity for maintenance of an adequate force
of, skilled workers." The committee would report to Congress its
conclusions, including any .recommendations for ·legislative action
to effectuate its proposals.
•

• The disputed proposals that have caused a stalemate between House and Senate conferees considering anti-labor legislation seem, to t he non-legal observer,· essentially to concern
the question of Congress' trying to restrict freedom of speech
\Vhich is guaranteed to Americans by the Constitution.
A so-called secondary boycotf amounts to action by union
• members to inform , the general public that a company, not
directly involved in a management-labor dispute, is, nevertheless, doing business with the struck firm. An example would
Commission Would Report Tw~ce A Year
be a department store that advertises in a struck newspaper.
. The House was expected to approve, shortly, legislation to creThe striking union would regard the department store as "un- ate a Coal Research and Development Commission. House and
fair." Whether Congressional action to restrict such union Senate conferees agreed on August 19 on an amended version of
activity is constitutional would have to be decided by the the legisiation. The conference bill, which passed. the Senate,
courts.
·,
would create a three-member independent agency to carry on reOrganizational picketing involves the action o~ union J?em- search leading to the development of new uses for coal, ·improve
bers in refusing to work for a company that declines to sign a existing uses and work toward the reduction in the cost of procontract, claiming that the union does not repre_sent its em- duction and distribution of coal.
ployes. Again the Constitutional right of the uruon members
Reports of the . commission would be submitted twice a ye~
to inform the public of the company's position is involved,
through the Secretary of the Interior to tpe _President and ConThe no-man's land question, to some extent, involves the • gress. The conference bill authorizes up to $2 million fo'i.- the comquestion of interstate commerce and whether sta~e agen~es mission to carry on its work during the first year and such sums
should have jurisdiction over management-labor disputes if a as may be necessary, thereafter. •
Federal agency declines to intervene.
_
. West Virginia Senators and Representatives were backing
The first two questions could and probably, would involve Dean G. Ralph Spindler of the· School of Mines of the University
the UMWA •and there is a possibility that the no-man's land of West Virginia· to be a member of the commission if it is
matter might involve the UMWA also.
.
created.
,
•
rt would appear-that no matter how the ~ree dispute~ (!,UesHouse action was expected shortly on a ·compromise proposal •
tions are resolved they will seriously restrict the traditional to solve the Federal highway financing program. The matter
rights and privileges of organized labor.
was before the Rules Committee which .was expected to vote the
bill out. The proposal called for a 22-month, 1-cent a gallon inabout 90. percent of the arguments in conference. Apparently, • crease in the Federal gasoline tax. If enacted, the financing prohowever, the Senate conferees finally balked on further conces- gram would enable the 41,000-mile, interstate highwa~ I?rogram ~o
continue in the neoct fiscal year at a rate of $1.8 billion and m
sions.
)
h. · :fil d. th
1 t·
Sen. Everett M. Dirksen (R., Ill. , w o e
e reso u 10n 1962 at a rate of $2 billion. Money for the program that does not
asking the Senate to instruct its conferees, asked the Se~ate to
tell its conferees to accept the House language on the disputed
sections. The other Senate Repllblican conferees are Barry Gol~Brief Discourse On Civil Rights Of Peanuts
water of Arizona and Winston L. Prouty of Vermont. .
.
Sen John Kennedy (D., Mass.), conference committee ~h~- •
Just how silly legislators ~an get in the August heat in
man ~d s okesman for the four Democratic Senators compnsWashington is illustrated by the charge that a New York
in the ma]ority for the Senate, was to make a counter propo~al
Senator is trying to destroy the civil rights of boiled peanuts and of the Southerners who grow and sell them.
tog Dirksen's Kennedy's resolution called for the .Seni:te to m~
The charge was made by Sen .. Olin Johnston {D., S.C.),
struc~ its representatives t~ goc~~!e::~=tri:i~~
who presented boiled (ugh!) peanuts to each Senator in the
0
Senate dining room and spoke about the matter on the
~:~\;::r~~!s!~;~~/ Th: ·o.tphetr p~m~~::r~a; ~n:~ge:
Senate floor.
•
are Wayne Morse of Oregon, _a ~1~ •
The controversy arose because Sen. Kenneth Keating (R:
and Jennings Randolph of West.Yrrguua.
h
hH
N.Y.) tacked a &lt;;ivil rights bill onto a peanut bill as
o~~
The Kennedy "compromise" accepted mu~ of t e t?ug
amendment.
.
language on boycotts, picketing and no-man s land _dISp~t~ts u
Senator Johnston charged that the Keating amendment
added some language designed to protect existing ~o~~j be 'apwas designed to emancipate boiled peanuts from Federal
It was expected that Senator Kennedy's propos ~ttee would
restrictions but that it would not accomplish that purpose.
proved by the Senate and that the conference co th nly hope
~aybe Con ess just ought to give up and go home,

~:.i~::

an

�Scpteiµber 1, 1959

United JWine Workers Journal

Page 5

~~my Districts /Plan Rallies

-fO©Jy
I
EDJTOR'S NOTE: Following is the complete text of a
Labor Day statement by A. D. Lewis, International Executive Board member and President of _UMWA Distrid 50.

d

Labor's own holiday this year falls on September· 7
and the UMWA, as usual, will lead.the formal celebration
parade on Labor Day. Many Districts have planned
rallies and the one set for Pikeville, l{y., will probably
draw more than 50,000 persons.
District President Carson Hibbitts has announced
that District 30 will stage the Pikeville celebration, and
that District 28 will hold its annual rally a~ Clintwood,
Va.

The approach of Labor Day 1959 again finds the nation's ~tilabor forces riding high. The House of Representatives, havmg
disposed of the Shelley so-called labor · "reform" bill, which no one
W.- A. (Tony) Boyle, Assistant to Preside,rt John L. Lewis and
but George Meany wa nted, and having passed in its stead the
labor-shackling Landru m-Griffin bill, which · not even George Intemational Board Member, District 27, has beep invited to
speak at both events. Th~ speeches will take ·place at Clintwood
Meany wanted, has sent it for
at 10:45 a.m. and. at Pikeville at 2 p.m.
conference with t he Senate, ,
Entertainment at the Clintwood· rally will feature Merle
which previously had passed
Travis, author of.the famed coal miner's song, Sixteen Tons, plus
another "reform" bill sponsored
Jimmie Hetzer's Big State Review, a beauty contest and door
by Senator Joh n F . Kennedy
prizes. Similar entertainment will be provi_ded at the Pikeville
(D., Mass.).
•
rally, according to Hibbitts.
What will emerge is anyMichael F. Widman, Jr., Assistant lo President John L. Lewis
body's guess. But, whatever it
and Director of the Research and Marketing Department, will
is, we can be sure that t he sitbe the principal speaker at a Labor · Day rally in Murphysboro,
uation bodes labor no good. The
Ill., which is being staged by · the Tri-County Labo.r·Day Associaanti-labor campaign for which
tion. This rally is a tradition in Southern Illinois and District
the McClellan committee in12, along with other labor organizations in the area, participates
vestigations have served as a
in the celebration.
•
.
backdrop, has borne lush if bitDistrict 17 Local Untons have completed plans for a Labor
ter frui t. Despite the fact t hat
Day celebration to be held at the Comfdrt, W. Va., Recreation
the commit tee unearthed nothPark at the mouth of Joe's Creek. Miners from Raleigh, Boone,
ing against ·1a bor comparable to
Logan and ·Kanawha counties will participate in this celebration.
r ecent disclosures -of CongresJohn Profan of Local Union 1123, District 17, was made general
sional payroll irregularit ies, not
• chairman of the program with John Estep, of Local Union 4735,
to .mention the sordid "kicka·s vice chairman. The rally will feature an all-star boxing show
A. -D. Lewis
back" disclosures of 1944-when
and musical entertainment presented by the Grand Ole Opry.
a page boy's ·m other testified it
.
George J. · Titler, President of UMWA District 29, announced
was not unusual for Members of Congress to make deductions
such as had been taken from her ov.'Il son's salary-;-the public has . that a big Labor Day celebration will be staged in Pineville, W. Va.
Speakers will be Titler, Roy Lee Harmon, Beckley newspaperbeen duped into believing that racketeering is rife in .the labor
man and veteran member of ihe House of Delegates from Ralmovement.
eigh County, and Rep. Elizabeth M. Kee CD., W. Va). Both HarAi; a result of the 1944 disclosure's, Reps. J. Parnell Thomas
mon
and Kee are long-time friends of organized labor and the·
(R., N.J.), Andrew J. May _(D., Ky.) and Walter E. Brehm (R.,
.
Ohio) all drew convictions. Thomas was fined $10,000 and sent- UMWA.
The Pineville event is being sponsored by the UMWA in coenced to from 6 to' 18 months io prison for collecting "kickbacks" ;
May spent 9 months 13 days in jail for accepting $53,000 in "kick- operation with the Pineville high sch?ol band. . !he band _will
:backs" from Henry and Murray Garsson, wartime munitions play for the festivities. It is now sellmg advertismg space m a
makers; and Brehm drew a $5,000 fine and suspended sentence program for .the event. All program profits will go to the musical
organization.
. . .
on a "kickback" conviction.
The annual Labor Day celebration in Northern West Vrrgirua
Certainly, for ah the loose allegations that have been made
against -union leaders-and it is noteworthy th8:t not one of the1;1 will again •be held in Morgantown. As in the past, District 3.1 and
made against Jimmy ·H offa has been proved m . court-:-there 1s District 50 will participate.
District 50 members will also celebrate all over the land. The
no more reason to assume that the labor movement 1s racket
ridden than to assume that Congress is. Indeed, there is far less. biggest rally will be held at Hopewell, Va., long known as a. "D!sYou will undoubtedly, at your Labor Day celebrations, hear trict 50 town." There will be a parade and speech~s by D1stnct
these matte~s discussed at length, so it is un~ecessary for me to 50 Vice President Elwood Moffett and Seth Brewer of the Fedburden you with details . here. But I should like to call your at- er~} Mediation and Conciliation Service.
New York City, the birthplace of the first Labor Day parade
tention to a very important statement made by Speaker of the
House Sam Rayburn, when he app~ared, Au~ust 10, on the
Mutual network to ask support for a -mild labor bill.
Speaker Rayburn warned that "powerl'ul interests" are backMake Labor Day A Safe Holiday!
ing the drastic Lan?rum-Griffin_bill, and :ic~used them of attemptThe primary aim of every UMWA member who uses a
ing to use this bill to cripple decent umomsm_ and alter the balcar on Labor Day weekend should be to stay alive. That is
ance of power between management and labor. Mr. Rayburn,
the gist of a message to coal miners from Charles Ferguson,
remember, is• a Texas Democrat, a~d can hardly be regarded
director, UJlfJV A Safety Division, who is spearheading oras an "extremist." Consequently, his words •are all the more
ganized labor's campaign against slaughter on the nation's
worthy of heed.
.
highways.
The success of the vast anti-labor campaign that has acThe ·National Safety Council predicts that 400 persons
companied the klieg-light hearings on Capitol Hill at~ests the ·
will die in traffic accidents during the three-day weekend
power of the ." interests" mentioned by Mr. Raybu~. It is hardly
September 5-7.
Ferguson, who is chairman of the
to their credit, but they are-even n?w-b_oast':11g that they
Council's Labor Section and past chairman of the Coal
never could have· passed the Landrum-Griffin bill Without the_ perMining Section, says: "Accidents ?V~r the Labor Day h~li'sonal intervention of President Eisenhow~r; and that the President
day are a tenible waste of th~ ~at1on s manpowE:r. An;e:1ca
never would have spoken on the air in support of that meas~re
is not just a body of land-it IS people. To kill or l.l'lJUte
had not Robert F. Kennedy, brother of the Senator, and chief
wo •kers is to_rob this _co!!ninr .of jt_s mo~t yit!!Lre§_O).Jrce."

�.
./'
September 1, 195 9

United iv.line Workers J ottrnal

A DJ /L~wis: Labor Day Stah~wu~ni

,..-:-&gt;.

in the United States in 1882, ,will be the scene of a _revived Labor
• •
(Continued from Page 5)
,
Day parade this year. More tban 100,000 union members are
1:ess demanding labor reform. It . is
·expected to march in solid ranks up famous Fifth Avenue. The show for letters to C-~ngthe
committee's title-Le., The Select
parade will start at 26th Street and Fifth Avenue in the garment note~'.~rthy th~t,. d~sp~: Actions in the Labor or Management
district, and end at 65th Street beyond St, Patrick's Cathedral Committee on !mpi 0~ ory revelations against ma nagement made
and Will be reviewed by prominent officials fi:om a stand in front Field-and despi~e tuns~; has displayed no interest in management
1
of the New York Library at 42nd Street.
Many Labor Day statements have been issued. One of the best before the corruru~ eet 1·m from the outset has been to pave the
"reform." · Its ~ad ~n ti~ labor-shackling legislation, and t hat purwas sent to American workers by Hans Gottfurcht, assistant way
for furthe1 ias
h' ved
ears to have ac 1e •
general secretary of the International Confederation of Free Trade
pose
rt
now
ap~here
is
something
-degrading in t_h e spectacle of a
Unions. He wrote:
Yet, t? us,
ittee's general counsel stooping to an a ppear.
"On the occasion of. Labor Day, 1959, it gives me great pleasCongressional cdommrate comedy show in behalf of a par t isan political
~ agaln to send the warmest greetings of the ICFTU to our
onAft
a secon d" ·ty • •• htl t b
ance
•
North American affiliated organizations and to all the workers of 1ssue.
· er aJI , a certain amount of 1gm 1s 1 ig Y o e exthe United States and Canada. In doing so I am sure that I
of Congi:u·cels1s.the J"udgment ·of t~e American people may have
voice the feelings of trade unionists of the whole free wodd, pecHted
owever m the recent campaign
- - agamst
•
Ia bor, and 1t
- can
who ·see in the powerful North American labor movement the b
d by
t
t
"
t·
d
swaye
1
vanguard of the workers' struggle for ever higher standards of t een
. thf II be said that the "powerfu m eres s, men 10ne by
Iu
u YRayburn, "pulled out all s t ops " m
• the·n. campa -ign to
living.
Speaker
"We of the !CFTU share ,vith you your continuing concern discredit and thus weaken, the Amencan labo~ movemert, the
about the economic outlook and the failure of governments in their reai thr~at to the American system of government co_m es, not from
duty to maintain full employment. We all know t hat prosperity, "big labor," but from immensely wealthy corporat1~ns, man~ of
like peace, is indivisible, and that the recent recession, starting in them with interlocking dlrectotates. It has been said tha t: All
tbe United States, had world-wide re_percussions and particularly powei· co1•rupts, and absolute power corrupts a bsolutely." We~th
disastrous effects on the living standards of the workers in some is p·ower, a11d with immense wealth power becomes a bso_lute.
of the economlcally underdeveloped countries which are still
However regrettable, it is none the less true, t hat m most
ma.inly dependeilt on the export of raw materials. That is why state legisfatures, and even in Congress, there are men not above
we welcomed the active part played by our friends from the wearing corporation liveries.
USA and Canada in our recent world economic conference which
There is, indeed,. but one force in this nation today able and
sounded the alarm and pointed the way towards economic and willing to oppose the constantly augmenting power of the corporasocial progress for all tbe workers, eyerywhere.
tion. 'rhat force is the trade unions. Des troy them, and "governICFTU Helps In Fight Against Shackles
ment of the people, by the people and for the people" will, most
''We are at one with you, too, in your stubborn fight to pre- certainly, vanish from this pnrt of the earth. These are t houghts
vent the reactionaries filching hard-won labor rights. We wish Worth bearing In mind on Labor Day.
all success to the AFL-CIO and the United Mine Workers in
In other words, as Edmund Burke said : "Public life is a situa- ,
their campaign to thwart the big business interests which are tion of powe1· and energy; he trespasses against his duty who
trying to exploit a few isolated cases .of labor corruption ·in or- sleeps upon his watch, as well as he that goes over to the enemy."
der •to introduce punitive legislation for hamstringing the whole
My very best Wishes to all District 50 members in t he United
trade union movement. In the case of Canada we have shown St\ites and Canada for a profitable and enjo:v,able holiday.
our practical sympathy by sending a token donation from the
International Solidarity Fund to help the sttiking Newfoundland
loggers, brutally deprived of their most elementary trade union thing in their power to weaken and destroy our trade union
. movement."
rights.
11
''On this ~bor. Day 1959 we cannot do better than to reaffirm
David A. Morse, dlrector-gen~ral of the International tathe aims of the ICFTU:
bor Oflice-"Labo1• Day 1959 has an added significance for the
'To achieve ftlll employment and an end to the tragic waste . ILO. The 40th anniversary of the organization falls in this year,
'.15 does the 25th anniversary of Uriited States membership
of the world's human and material resources:
''To harness modern science and technology to the needs m th~ ~O. We can look back with pride upon much shared
accoi:nphsll;nent. We can look ahead with confidence to an
of the whole people, not tbe selfish interests of the few; ·
"To provide adequate economic aid to the developing coun- e~a m which_our common ideals of social progress for all men
tries, together with fail' prices and markets for their primary ' ~ le!ld !heir great meaning to new endeavors in the cause of
social Justice and world _peace."
prodUcts;
~ The Very R,ev. 1\lsgr. George G. Higgins, director, Social
'To reassert the right of the workers to be heard on all
Action Department,_ National Catholic Welfare Conference-"The_
matters affecting their economic and social progress;
"To give all the dependent peoples the right to decide their ~:~~ af~~ate solution to the crisis currently cohfronting us in the
own destinies and, in particular, to put an end to colonialism
d O • ·t or-management relations is a profound renewal of moral
in Africa;
~le:piri ur values, which, of course, will never come to pass
"To oppose all dictatorships, and in the ..first place finish of Gosd
;~!e~_?,rkers throw themselves on the mercy
with that of-France who. clings to power thanks in large part
to the connivance of leading democratic powers;
• .AFL-CIO Executive Ooun ·1 "L b
·
t
. ci a_ 01· Day should be 'supper
"To free the peoples once and for all from the nightmare the Steelworkers da ,
low
unionists
in
steJ
to
display
a1m
•m-arm
solidarity
with
felof nuclear warfare through agreements on the banning of
• • It sh_ould_mark a day when labor can
weapons of mass destruction within the framework of general pause not onl to t • st0
itself to pro~ess ~\~ ck of past gains, but also to rededi~ate
and controlled international disarmament.
r1utur~' by a renewed sphit of unity be"ln all these aims we know that the North American trade hind the strii{ing Steele
wor{ers
o Federal Council of Ch •
•
W
unions are solidly behind the ICFTU. We are confident we can
urc!1es of_ Christ in America-" e
count on your whole-hearted support in the gr~at task of organ- call upon the churches t 0
then· own contribution toward
izing the world's unorganized; that we can rely on yow- unflinch- the needs and functio . reexamme
st
5
ing opposition to communism, as to all forms of totalitarian op• "V!e urg!'! 011r churche/;~g ~f rong and responsible labor unio~ t,on of the legitimate a~~omote among their people an apprec1~pression."
Other statements, briefly excerpted, were made by the fol- our free society, Free I bnecess_ary role of organized labor in
peoples in today's world." a or umons are important to all free
lowing:
• AFL-CIO President George Meany-''Today, labor faces another kind of warfare-a cold war deliberately invoked against Vermont Kills 'Right-to-Work'
the whole trade union movement by the big business interests of
The Vermont legislature b
the nation.
move for a referendum on • Y an overwhelming vote, quashed ,a
"The spokesmen for these interests--such as the National daunted the National R' a work law. This, apparently, hasn t
Association of Manufacturers and the Chamber of Commerce- claiming "Vermont Cam ight to Work Committee which is propay llp service, of c»urse, to the unden!a:ble fact, that unions have
. The committee admft~gn Moves Ahead." .
•
done a great deal to improve the Amencan way of life and that tnuslastlc grass roots su ed !,hat there was "an absence of e1;1·
I

1~1Ri::i~

0

l

�'\. September 1, 1959

ourna

.t'age 7

41 West Virginia Mine Inspectors Named;
1'1,===~=2=3=fFA=T=A=L=BT=l::ilES=::zlN
ca l!.IZ3=J=U=L=Y===1~ Wilson Asks Board To Hold Another Exam
State Mines Chief Crawford L. Wilson of West Vitginia has
' T~e nation's coa l mines claimed. 23 liv.es in July and recorded
a fatality frequency rate in the "disaster rarige," although the asked the State Mine Inspectors' Examining Board to consider
. annual vacation shutdown reduced both man-hours and produc- holding an additional examination to replenish the list of eligible
•
•
t ion to the lowest levels of the year, according to the U. S. Bu- candidates for mine inspectors.
r eau of Mines. F atal accidents occur red at a frequency .of · 1.28 • ' Under provisions of the 1958 mining act, Wilson must use perdeaths per million man-hours of exposure, double the rate for sons found qualified by the board to fill 51 mine inspectors' positions. A -list of 53 eligible candidates resulted from a prior exam-May and June of this year.
•
The cumulative toll of fatal accidents stpod at 175 for the ination. He said '41 appointments had already been made, includyea r, ·compared to 177 fatalities in the year-ago period. The ing 30 inspectors appointed on a permanent tenure basis and 11
seven-month fa t ality freq uency for bituminous mines, .92 per. ' others on one-year probationary status. He said he would make
m illion man-hour s, was slightly less than the year-ago figure of an additional eight appointments within 60 days, and that would
1.00 per million man-hours. The anthr/;lcite frequency, however, leave only· two positions to be filled from four remaining eligible
was m arkedl y more severe, 1.69 per million man-hours compared candidates.
Wilson, who has certain disc_retionary authority in ·selecting
to a 1958 frequency of .98. For all coal mines the average fatality .
frequency was thus essentially unchanged from a year. ago, .99 personnel from the list the board recommends, expressed a desire
per million man-hours for the first . seven months of 1959 com- to have a larger number of qualified persons from which to make
the remaining selections.
pared to 1.00 last year.
•
A major m ine disaster pccurred in both months, January and
Meanwhile, an opening event in the "Miner's Day'' celebration
March, t hat claimed more lives and recorded higher fatality in Beckley, August 22, was the swearing in of six new inspectors.
frequencies tha n J uly. The J anuary frequency, swollen by the 12- Wilson charged the new inspectors with the responsibility of
man death toll of the Knox Coal Co. floo d disa's ter in the anthra- organizing efficient, safe districts where the mining laws are- fully
cite region, was 1.39 per million man-hours ; a second major dis· enforced.. Uppermost in their aims, he said, must be the health
aster, a . gas explosion in a small Tennessee mine t~at wiped out 'and safety of the mine workers.
the entire nine-man working force, is reflected m the March
Receiving the appointments, for a one-year probationary period,
fatality rate of 1.36 per million man-hours. •
were Lawrence Snyder, Shady Spring, formerly a foreman at
T he first te n days of July fell within the annual vacation shut- Stotesbury No. 11 Mine· of Eastern Gas &amp; Fuels Associates in
down. Coal output as a res ult dropped to a total of 25 million ·Helen; H iram P. James, ·Peytona, formerly transit man with
.tons for t he month from the year's high of 38 million tons pro- Acme Engineering Services, Charleston; Vernon W. Lawson,
duced in J une and man-hours dropped to 17.9 million from" 27 Sophia, formerly at Stotesbury No. 8 Mine of Eastern Gas; Edm illion. The J'une toll of fatal accidents was 18 lives.
ward Jarvis, Scarbro, formerly assistant foreman with the OgleRoof fa lls claimed 12 lives in July, making a' cumulative roof bay Norton Coal Co., Summersville; Delmar T. Darnell, _S ophia,
toll of 75 for t he yea r to date. Other underground fatality assistant foreman of Stotesbury No. 10 mine, Eastern Gas, in
causes in J uly were: rib fall, 1 ; haulage, 2; electricity, 2; ma- Helen; and Norman Ratliff, W:elch;formerly with the Island Creek
chinery, 1. Surface facilities at deep mines had 4 fatalities from Coa_l Co., at ~olden.
these causes : haulage, 1, and "miscellaneous" accidents; 3. S_trip
Gov. Cecil H. Vnderwood was expected to -name a successor
mines r epor ted 1 fa tal accident that was caused by machinery. •
soon for the unexpired portion of an eight-year term being vacated
Four of the roof deaths, or on~-third of the month's .total, ?C· by one of 'the two employer representatives on the. five-member
curred in small mines, the so-called' Title I operations employ!ng examining bpard, H. E, Mauck, general superintendent, Olga Coal _
• fewer than 15 • men underground. A single accident in: a small Co., Coalwood, who is leaving the state. Other board members
Tookland, Va ., pit caused two of these deaths.
are G. R. Spindler, director, School of Mines, West Virginia UniThrough July this year 15 states had reported one or- mo~e versity, who is board , chairman; · Raymo11d O. Lewis, President,
coal mining fatalities , as follows·: West Virginia 53, Pe1:nsylvan1a District 17, U./1:fWA, Charleston; Roy F. Hayhurst, of Local Un52 (bituminous 25 anthracite .27); . Kentucky 21, Tennessee 14, ion 1058, District 31, lampman, Christopher Coal Co., Osage, and
Virginia 14, Illinoi; S, Alabama 3, Indiana 3, Iowa 2, Ohio 2, Utah Joe L. McQuade, pr~sident, Tioga Coal Co., Richwood.
2, Colorado 1, Maryland 1, Missouri 1 and _Oklahoma 1,
'
PRODUCTION. OF COAL AND NUl\'IBER OF FATALITIBS
• DURING FIRST SEVEN MONTHS OF 1959 1
Tolnl
Pcnnsylvnnll\ Anthrnclte
Bituminous
Production
Production
Production
Killed (shor_t tons) Killed (shorl tons)
( short tons)

January ··-- 35,730,000 24 2,194,000
February .. 33,760,000 19 1,5/57,000
March ___ 34,820,000 35 1,508,000
April - -·-·· 34,460,000 19 1,503,000
May
34,860,000 15 1;388,000
June _.... 36,470,000. 15 1,683,000
July ........- - 23,970,000 21 1,140,000
TOTAL ..... 234,070,000 148 10,973,000
Jan.-July'58 221,161,000 158 11,887,000
1 All fitturts arc subjec.t to revision.
• alysis, U , S, Bureau of Mines.

Killed

15 37,924,000 39
2 35,'317,000 21
1 36,328,000 •. 36
2 35,963,000 21
2 36,248,000 17
3 38,153,000 • 18
2 25,110,000 23
27 245,043,000 175
19 ::r· 048,000 177

Tablp prcparod by D,
..

of Ac(ident A11-

Electric Power Plants Increase Coal Use
An increase of 15.2 percent in the consumption of coal by
electric utility power plants was recorded in May compared with
the same month a year ago, according to the latest report of the
Federal Power Commissiop. The utilities burned 12,946,425 tons
• for the month as compared with consumption of 11,~41,213 tons for
May, 1958; May's con~umpti_on was .7 percent higher than the
12 850 247 tons burned m April:
'Fu~l oil consumption by the utilities increased_ 21.1 perc~nt
this May
compared with May, 1958. Consump~1on of gas mcreased 28.7 percent in May, 1959, as compared with May, 1958.
For a 12-month period the utilities burned 161,952,4?7 tons
of coal, an increase 9f 3 per~nt for _c_o'!-1 as . compared with correspondlng totals•for the 12 months ending May 31, 1958. There
was a 21.5 percent increase in the use of f_uel oil for the same
~u. .,,.,:i ,., 8.5 nercent increase m the use of gas.

as

A recent e·s timate places total United. States bituminous reserves at nearly two trillion tons, which, with current methods
and rates of recovery, would last almost 2000 -years, points out
.a recent Twentieth Century Fund study. Two-thirds of the reserv~s lie west of the Mississippi.

Enter The World's Series Of Safety!
The World's Series of Safety-the 18th National FirstAid and Mine Rescue Contest-will be held in Buffalo, N. Y.,
October 6-7. Now that many state and sectional contests
have been held, entries are expected by contest officials to
pour in.
In 1957, 60 first-aid and mine rescue teams competed in
the colorful event at Louisville, Ky. Contest officials hope
for at least 70 entries this year and urge company officials,
or team captains who wish to enter, to submit their entries
as soon as possible. Entries should 'be sent to the contest secretary, H. F, Weaver, Ohief, Division of Coal ].\line
Inspection, U. S. Bureau of l\Un\ls, Washington 25, D. C.
The mine rescue contest will be held on Monday, Oof;o..
ber 5. The first-aid contest will commence the following
day, at which time the contest wllt be officially opened by its
genera,! chairman, l\Iarllng J, Ankeny, Director, U. S. Bureau o~ Mines, and the confostants will be welcomed to
Buffalo by Mayor Fl'ank Sedita. The usual award banquet
will be held the night tl\e contest o)oses, October '1, and
each participant will be presented wit-h .a memento symbollc of his interest in safety In America's coal Jnlnes.
Buffalo ls altuated on Lak~ Erle at the Canadian border, approximately 20 miles from Niagara Falls.

�September i, 1959
'-'--

Page 8

United Jliine Workers Journal-

lfmann Team Wins Firsf-Aid Confesf

I

H □fr

Beckley 'Mi

By a Journal Cqrrespondent
BECKLEY, W. Va.-With George J. Titler, Presi•
Correspo11de11t
dent of UMWA District 29, James Leeber, Jr., District
8Y a Journal
A 32-year-old miner employed by the
scJfety director, and other UMWA officials lending their
BECKLEY, W. Va.- 1 ted as "Young Miner of the Year"
full cooperation, Miner's Day in Beckley .Saturday, Au- Sla1: For~ C~al Co. w~t:~i~~
here on August 22.
gust 22, was the most successful event of its kind in the during . Mmer s D1· a Soak Creek, who has worked more tha n
8
He 1s Jesse 8 • igg '
12· years in the mines a nd done
history of this coal area.
just about everything t here is
The Beckley Chamber
to do in connection with a mine
of Commerce; Beckley Junoperation.
ior Chamber of Commerce,
He has operated a cutting
management, labor and lomachine, a . shuttle car, worked
as a roof bolter and worked
cal business firms pooled
in the tipple, in addition to be- their efforts to make the
ing a wireman and a brakecelebration outstanding.
man.
The fun started at 1:30
Riggs was presented a plaque
in the afternoon-although
by Donald Wise, a Beckley
Junior Chamber of Commerce
the city took on a holiday
member, at the Raleigh County
air early in the day. At
Memorial Building. H e also
1:30 the beauty contestreceived a watch from the Beckants, talent contestants and
ley Chamber of Commerce.
those vying for the young- .
Riggs recently passed a stat e
4 • ?ZJJ.iiiill•
miner-of-the-year award
examination for assista nt mine
BeClllty Queen Lois ll!axey
reported at the Memorial
foreman. He is a member of
Jesse B. Riggs
UMIVA Local Union 6108, DisBuilding in mid-town _Beckley.
trict 29. He has also taken a

Out of a field of seven comely beauties, JJfiss Lois .111axey, of state first-aid course and has never had an accident du ri ng his
MacArthur, was crowned as the beauty queen. Joyce Gilbreath, years in and around the mines.
Linda and Cathy Webb and Vicky Jordan won prizes in the talent
Riggs owns his .own home and has had a year of night courses
contest.
at Beckley College in addition to taking an International CorJesse B. Riggs was chosen as the young-miner-of-the-year. • respondence School course in mining. He has also completed the
He lives at nearby Soak Creek. ( Read story in adjoining column.) West Virginia University extension course in mining.
-At 4:30 in the afternoon a parade was formed and moved . . A member of the Sophia Methodist Church, Riggs has been in• through the mid-town section, ending up at the Woodrow Wilson itiated as a first-degree Mason. He also is assistant advisor of
·
an Explorer Scout troop at Sop)lia.
High School athletic field, scene of the first-aid contest.
While all other events were highly interesting, the Fourth Annual Raleigh-Fayette-Wyoming, or Tri-County First-Aid League, James Ri~ton and Arthur Houchins. These men belong to UMWA
~
first-aid contest .was nothing less than spectacular. It attracted Local Union 7209.
35 of the very best first-aid teams in the nation. •
.
I:ourth honors ·went to the Pocahontas Fuel's Bishop (Va.)
Safety Director Leeber announced that ·t he meet is now the Colliery team, captained by Clemon Grindstaff. Other team memlargest sectional event of its kind in the nation-and second ~~h are: larence Crigger, Reese Riley, Early Cruise, Paul Goad,
only to the National Meet, which will be held this year in Buf_a a~ 1 haley, Fred Thomas and Jack Vance. It received the
..
falo, N. Y., October 5-7.
Br~~usgtOpe~tor's
trophy, presented by George Trevorrow,
While five problems were slated on the regular Pl'9gram of 0
as_ n on, • C., BCOA safety director. The members of
competition, it was necessary to stage two extra ones before the the t_eam belong to UllfWA Local Unio11 6025, District 29.
' winners could be determined.
fro!ifth place went to the U. S. . Steel Corp.'s No. 3 Mine team
The Pocahontas Fuel Co.'s Itmann Mine team from Wyoming ·memb~:sry~:,V· Va. 1lber! Wagers is captain of this outfit. Other
County took top honors and was awarded the Mine Safety Ap- Otis Ilall Reu Q~t':n Dillon, John Dickinson, Gordon Walrod,
pliances trophy by Henry Carter. Carl Parks captained the win- the Natio~al ~iel A uru_e _'.1nd llfax Webb. This team was given
. _
a ssociation plaque.
ning crew. The following men are team members: William ll1ct
Individual awa.rds als O
Coy, Ralph Green, Jolin Salters, Howard Cox, Harold Carte and teams,
and •the fir
w~n to every man on the top five
.lames Cook. These men are members of UMWA Local U11ion · Beckley business .J~~l~ce h~nners received $300 in cash from
9690, Di8trict 29. In fact all of'the five top-winning teams except
0
for the national meet.
e P defray team expenses to Buffalo
one hailed from District 29.
It was an ideal night f0 th
•
.
.
Second place went to the Island Creek Coal Co.'s Holden in the
70's, after a day whi ~ e conte~t, the te~perature be~ng •
Division team from Logan County in District 17. This team, where the mercury rarel c :was wamush for this plateau region
is made up of Captain Harrison Porter, Clinton Spry, Clyde Spry,
A crowd of a ro - Y passes the 80 mark in midsummer. •
.lames Hall, Dewey Thompson, John L. Davis - and Dewey Craft. ceedings.
PP xunately l,500 persons witnessed the proIts members belong to U111 IV A Local Union 5817. It received the
T'
included Geo
National Mine Service trophy, presented to the team by Otto eralSpeakers
men v.rho rank high - ~~ itler,_ representing labor, and_ sevBrown.
cl)ief of the West Vir .11:1 e coal industry. Crawford L. Wilson,
An idea of just how terrific the competition was may be gained and_Wilson also presenf1~ ~h D:artment of Mines, spoke briefly
by the fact that the team _now holding the nati?n~l champions~ip .
Four high school ba~ • _e t~-place team with its trophy. ·· ,,
squeaked into third place m the local meet. This 1s the Wyommg Band from Woodrow W~o incl~dmg the famous "Flying Eagle
Mine crew. The Wyoming Mine is owned by Island Creek Coal The Woodrow Wilson
High School, were in the parade.
Co.
the contest and played ~sicians .remained at the field during
George J. Titler made the presentati9n to this team, giving meet opened.
he National Anthem just before the
it the UMWA's International Union plaque.
, Joshua Smith of Mount H
The Wyoming team is made up of Captain Willard Graham, Aid League, act~d as gene~ \&gt;Pe, _head ·of the three-county First.____ _....:..;~ ....;..---=,n : Ad O Slbnrt
latli.am Dalton. Flpud Barnette,
1

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September 1, 1959

United Mine · Worke.rs Journal

Page .9 '

-~~

TALENTED l\IISSES-Winners in the talent show held in connection with l\'liner's Day in Beckley, \V. Va., August 22 were
(left to right): Vicky Jordan, 8, who won third place with a·
rock-and-roll dance; Linda Webb, 121 and Cathy \Vebb, 13, first
place winners who ilid a tap dance, and Joyce Gilbreath, 15, who
copped second place honors with a modern jazz dance:

TITLER, LEEBER OBSERVE-qeor;: ,,·; :,:;~;ie; (left), President of UMW'A District 29, antl James Leeber, Jr., District 29
safety director, watch as 35 teams compete in the first-aid contest which climaxed Miner's Day in Beckley on August 22. Titler described the 1959 first-aid meet as the most successful in
the history of the District.

noon. At five instruction was given team captains and judges
by the chief judges. At 5:30 an appetizing dinner was served team
m embers, judges, special guests and officials.
•
From 5:30 to 6:20 there was music by the Woodrow Wilson
band, under the direction of Glenn Sallack.
Opening remarks were made by General Chairman Joshua
Smith and then came the national anthem by the· band. The
invocation by the Rev. James W, Witherspoon followed.
Cecil L. Miller, recently elected mayor of Beckley, delivered
the address of welcome, as did David Abrams, general chairman
of the Miner's Day celebration for the Chamber.· of Commerce.
Response was by Titler and S. Austin Caperton, president of the
Smokeless Coal Operators' Association.
•
Various others spoke · during the evening, including Crawford
Wilson,. James C. Westfield and William R. Park of the U. S.
Bureau of Mines; James B. Benson, safety director, Southern
Coal P roducers' Association; Harry Gandy, Jr., safety director, National Coal Association, and George Trevorrow.
Chief judges for the meet were F . J. Furin and J . S. Ferraro,
It was a big day in Beckley-and.' a great day for mine safety.
And it's a safe bet some of these teams will be heard from in th'e
national meet in Buffalo, N. Y :

Coal Miner Outstanding In Utah Legislature
Frank Memmott, freshman member of the Utah state legislature, is a young man-32-who led the fight for repeal of
the "right-to-work" law in that state.
. He is the son. of a coal miner and worked in the mines many
years himself, mostly for the Independent Coal·and Coke Co. at its
Castle Gate No. 2 mine. He was a member of UMWA Local
Union 5916, District 22.
As a graduate 9f tJ:ie University of Idaho he received his de'.gree in engineering and later went to the University of Geneva in
Switzerland as a Rockefeller exchange student where he received a
Master's -Degree in foreign affairs. He was told while he was in
Switzerland that he was the. first -American coal miner ever to
study at the University of Geneva.
Memmott is now in business .for himself in the mining machinery field and is considered an expert on modern mechanized
mining methods. •
In his maiden speech to the ·Utah legislature he pointed out
that although the coal industry in the Rocky Mount{lin area is
depressed it has a great future and the state of Utah would do
well to take steps to see that the coal mining :industry would
never be lost to the state's economy.
Later, he arranged for all the legislators to visit the Castle
Gate No. 2 Mine, an ~xperieIJce most of them said they would
never forget. His object was to display the advantages of unionism and to point up the ever present need for coal mine safety.

Congressmen Seek More Food For Jobless

I

'

Legislation that would assist the more than six million now
unemployed or pn relief rolls to get more adequate food has been
introduced in the House of Representatives by two Pennsylvania
Democrats, Elmer Holland and John Dent.
Their bill would require the government, through the Commodity Credit Corporation, to set aside and process and package
for human consumption peanuts, red beans and oats.
Holland and Dent point out that we do not hesitate to suppo~ programs that will feed and nurture the under-privileged
children throughout the world, a program with which they are in a_ccord. But, they feel that we should also take care of our
own people as well.
"Out of every ten pounds of peanuts, we can have nine pounds
of peanut butter, a got&gt;d nourishing food. Out of every two pounds
THE WINNERS COLLECT-Pocahontas F)lel Co.'s Itmann of oats, one pound of rolled oats can be processed. The red oeans
1\Iine first-aid team (above) took first honors in-the fourth annual need only to be_packaged. ,
Raleigh-Fayette-Wyoming County safety meet held August 22 at
"We feel the time is certainly here when we should care for our
.Beckley, w. Va. The meet was conducted , in connection with own people and add these items to those now on the surplus food
Miner's Day celebration, the largest sectional event of its kind In lists," said both Congressmen .
This bill is the· result of a series of conferences held by the
. the United states. Henry Carter of l\iine Safety Appliances Co,, •
Bluefield, is shown presenting the trophy. Others in the picture, left two Western Pennsylvania Congressmen with various groups into right, first row: John Salters', James Cook, Howard C~x; back eluding representatives of unemployed steelworkers-PAI.
row: Captain Carl Pa.r lts (accepting trophy), Hnrold Ca.rte, WU., _ _ u - a- •• n.~1-1, r.rAAn~d H ff Moor0eh) 'JTI\IWA l&amp;cM__Sil._Q.....NlrurnI..i Falls! Enter the Natlonnl Flrst-.{\id_n_1.1\l ~lin('I

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September 1, 1959 ; ,

United Mine ·w~rkers Journal

Mexican Farm Labor Agreement Extended;
California Begins Crackdown On Abuses
As negotiation of a two-year extension of the U. S.Me~can migrapt labor agreement was being concluded in
Mexico City in August, California was starting a longawalted crackdown on abuses in the system of importing
Mexican farm labor. •
•
The U. S.-Mexican agreement, which extends the program to June 30, 1961, was altered in only relatively
minor respects and provides no wage increases for the
poorly paid "braceros" imported ·to harvest crops on corporate farms in California and other southwestern states.
About 450,000 farm workers were imported from Mexico last year.

LABOR CONFERENCE-These are the officers a nd chairmen
of standing committee of the Labor Conferenc~ of the National
Safety Council.- In the front row (_left to right) , a r ~ Rodger
Coyne, International Union of _Electr1c~l Workers, cham1;1an of
the awards committee; G. G. .Grieve, National Safety Council, conference secretary; John R,. Kumpel, Rubber Workers, congress
program committee cha.irman; Floyd ,Van Atta, Auto \:Vorkers,
·state labor departments committee · chairman, a.nd Lloyd Utter,
Auto Workers member of the NSC board of directors and immediate past ~hairman of the Labor. Conferer:tce. In the back
row: J. George Eichhorn, Machinists, publications committee chairman; Charles Ferguson, Director, Safety Division, U1UWA, chair- ·
man of the Labor Conference aml member of the N SO board of
directors; P. t. Siemiller, l\Iachinists, vice president for labor
and member of the board; Elwood D. Swisher, Oil, Chemical and
Atomic Workers, chairman of the membership committee.

. American labor, through the U. S. Section of the Joint U. S.Mexico Trade Union Committee, with which the UMWA is affiliated, boycotted the negotiating sessions held .in Washington
and Mexico City in protest against being· denied consultative
status by the Labor Department.
In California, meanwhile, a high-ranking state employment
officer was dismissed for alleged corrupt practices and the state
farm placement service announced a full-scale investigation of
the Mexican farm labor program was underway. The state attorney general's office also was making an inquiry, according to The
New York Times. The San Diego area farm supervisor later resigned under fire and labor importation permit of a large Coachella
Valley rancher was revoked for discrimination against domestic
farm workers.
.
Rock ,ems IForenum Day After Mine ©pens
The California director of employment, John E. Carr, \Vas reForeman Jolin Lepto, 49, one of three men including the opported in California newspapers to have said that "state farm
placement aides have deliberately and illegally kept Mexican erator who worked underground, was killed August 11 by a roof
nationals on farm jobs to which domestic farm workers are en- fall during_the second day of mining operations in the 09 Mine
of Duran Coal Co., Mount Hope, W. Va.
•
titled."
•_Lept~ was alone in the mine at the time. He was only reBetween 100,000 and 150,000 "braceros" are brought in from
Mexico annually to work •on California farms. An even larger ~ently hired as, foreman of the mine, which opened August 10.
number are employed in Texas, and Arizona, New Mexico and Its three entries pierce the highwall of a former strip mine
Federal mine inspectors reported the foreman's deatl~ was
Arkansas also import large numbers of Mexican contract workca_use~ by "a fall of inadequately supported roof." They said coners.
•
The Mexican contract program, an outgrowth of the man-' tnbutmg factors were "failure to properly evaluate an impending
power shortage in World War II, has been under incessant crit- roof-fall hazard and to install crossbars in the area of rolls and
icism of organized labor and, -more recently, other organizations. surface cracks." Roof in the entry was known to be loose,
Major criticisms are that it deprives domestic fafm labor of em- drummy. and crac½ed, but only two additional posts were set to
ployment, has been used as a device to depress wages of domestic support
Duran. it earlier m the shift• ,according to Mi ne operat or John
farm workers and has led to exploitation of the Mexicans themselves.
tha!t;~er present iaw, as a Tit~e ~- operation employing· fewer
Last year Congress extended until 1961 the act, PubUc Law 78;
, t
mfetyn undergr?lmd, the mme is exempt from Federal mand
a ocy sa e regulations.
which authorizes the importation of Mexican braceros. Secretary
of Labor James P. Mitchell has named a: four-mah committee to
make a study of the program and report to hiin, probably betore Mitchell Tc Hold Hearing On Migrant Labor
the end of this year, their recommendations dn its future. Major •
Secretary of Labor Jam p 1M"t
es • 1 chell •has announced he will
questions to be considered are the program's effect on the ag'~ hold a ptibiic hear· S
ricultural economy and domestic farm workers, should the pro- proposals to amen~;h ~ptembe~ 10 and 11 in Washington on his
gram be made permanent, what admipistrative · or legislative
ployment service supplteteg~lahons under which t~e public e~mi!5ra1;t workers to fanners. He sa1d
changes are necessary in operation of tb.e program and inter- the purpose of the am
national relations aspects. The study grotip is composed of Ed- ported facilities in und~~~~~t! is to p~vent the use of tax-sil~O
ward Thye, former U. S. Senator from Minnesota; Msgr. George tions and transportation r
pr_evailmg wages, working cond~G. '.Higgins, director of the social action department, National workers from out-of-stat!' ac 1_ces .m a.re~s where farmers recrmt
Catholic Welfare Conference; Glenn E. Garrett, chairman of the vited to attend and give t t~ources. All interested parties are inul .
es unony.
Th
Texas Council on Migrant Labor, and Dr. Rufus B. von Kleihs. .
.
. .
e r_eg ations to be amend d d
mid, chancellor, University of Southern California.
ers, not nnported workers
e eaI with domestic farm work·
~mployed on Southwester such as the Mexfoan "braceros" widely
Packinghouse Workers Explain High Meat Prices 500,000 persons make u n ~orporate ~arms. :13~tween 400,00Q and
CHICAGO (PAI)-Speed-up, automation and heavy layoff~ force, according to the L!borh;eAmerican nugratory farm labor
marked 1958 for ·the packing house workers while "sensational
Thes: workers as well as soni partmep~.
..
3
profits" marked the year for the packers, according to reports or full-t~e for: wages on u. s. f e •5 million o~h~rs who wo~~ part
by the United Packinghouse Workers.
.
fnost soc1al legislation such • . a1;11s arf ou_ts1de the protection of
In its current bulletin, Facts &amp; Figu-res1 the union notes that wa~e and Unemployment in:s workmen .11 compensation, miriitntiin
Armour &amp; Co. rolled up $9 million in taxable profits . during 1958 curity program was expande~\ance.
Only recently the social se-.
0
as compared with only $1.8 million in 1957. Wilson's profits for
•
cover farm Workers.
the year were so good that dividends were increased from $1
No Brickbats For The B . kl · , ·
a share to $1.40 while Cudahy profits went up 29 percent as com.
.
r1c ayers
pared ~th 1957.
•
.
~!,N~EW¥7Y~O~R~K{t(;iP~AUJ)j":~;:-~Asking how much profits could be made during a year when - wealthy slick ma . - The impossible has ha
d I A big
the packers were claiming the loss of profit margins, Facts &amp; Fiu- ' Union ,:puts no li~me has _finally conceded 't hat f~e~ : kl ers:
ures said:
.
day."
on the nwnber of brick
e ~IC ay . r ·
''The answer lies in automation lmocldng packinghouse workThe Suiurda
.
s a man can lay pe
ers out .of their jobs and in higher prices tor meat products (often favorite anti-un~ E-:_:ininu _Post Pulled the rug O t f l'n
d . a
i fa
irt ) with the ad ed a
o·n i
n egution in captions acco u _ro un ebrl
·rkl,wh,~ __ , . _mpanymg a dou e~ .,

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�United illine Workers Journal

September 1, 19_59

Jenkins· Appointed Admiriidrafor .Of
,W hit~sburg (Ky.) Memorial° IHospihal '

P~ge 11

Rose $peaks On John L. Lewis

EDITOR'S NOTE: Russell W. Rose a member of UMWA
Charles D. Jeni.ins, Jr., has been appointed Administrator of
the Whitesburg Memorial Hospital, .Whitesburg, Ky., effective
Local Union 9878, District 12, recently took a college exSeptember .15, 1959, it has been annou~ced by John Ne.zpdorp,
tension course "Principles of Speech." One of his assign1"1.D., Medical Administrator
ments was to talk about someone he felt worthy of
for the Miners Memorial
praise. He chose "What O~e Man Thinks of John L.
Hospital Association.
He
Lewis." Rose got an "A" on the · course and we feel
succeeds Joseph J. DoTJeY,
Jr., who has been Adminthat his ·oration printed below will demonstrate why.
rr
istrator of the hospital since
its opening in March, 1956.
'::
In ·this great land of ours, there are many great leaders; but
Jenkins has been associthe field of labor organization there is one leader who has no
ated with . the three-state in
peer.
chain of ten hospitals servFirst,
let
me
point
out that he is a man of great intellect. A
ing beneficiaries of t h'e
United Mine Workers Wel- man tjiat was a frequent advisor to President Roosevelt from
fare and Retirement Fund 1932 to 1936. A man lauded by an honorary law degree from
• since July, 1955. He was a prominent university. A man I have many times heard disfirst Administrator qf the cussed as "the world's greatest living orator."
Secondly, he is a man of high principles. A man of such
McDowell, l(y., Memorial
Hospital and later trans- morals that, recently, Congressmen have complimented him on
ferred to the /If emorial lit ed- the conduct of his office, Neither have they _found any graft
ical Center in South William- in the administration of . the multi-million dollar finances of the
son , where he was Assistant UMW A Welfare cind Retirement Fund. And, as his fraternal
Administrator under William brother and sub-ordinate in the UMWA, I can say that the only
perfection required of his associates is loyalty. In return he
~i B. Esson.
•
@ A graduate of the Univer- gives loyalty-complete loyalty.
Third, he is a man of unflinching courage-a man who seldom
J sity of Richmond, and holding a Masters Degree in Hos- yields except to strike a hfl:rder blow. ProJ:?ably his greatest
pital Administration from the compliment is the profound respect with which his antagonists
Charles D. Jenkins, Jr.
•
Medical College of Virginia, regard him.
Internal struggles among divergent factions for . supremacy
he served as an ' administrative assistant at the University of
Virginia Hospital in Charlottesville and was an officer for the U. S. within the Union in.the early years; and unceasing battles with op..
Air Force Medical Service. This past summer, Jenkins was one . pressive employers have earned him many enemies. Some of
of 18 students selected. for the hospital administration develop- them quarrel with his methods. A few have even questioned his
ment program at Cornell University. He holds membership in the motives. . But not even his bitterest critic can deny that, lastly, he
American Hospital Association, the American Public Health As- is a man of wide accomplishment.
sociation, and the Kentucky Hospital Association. He is also
He has organized over four milliop workers into the CIO and
a member of the Williamson Kiwanis Club and St. Paul's Episco- the UMWA and pioneered them to such_ higher wages that it has
pal Church in that city.
reflected to the benefit of all labor in the nation. One of his inJenkins with his wife and two young children, will take up stitutions-the UMWA's•Welfare Fund-has cared for many disresidence i~ Whitesburg in the ·near future. •
abled -and aged Cover one million beneficiaries) and has built ten
• The present · Administrator of th~ Whitesburg' _M emorial Hos- hospitals·. Even most of the newspapers (which oft-times in the
pital, Doney, has been in the employ of MMHA smce 1954, serv- . past 'used him as a whipping-boy) now usually freely admit that
ing first in the central office in Washington, D. C., and then as both he, personally, and the1 editorials in his United llline Workers
Administrator upon the completion of construction of the hos~ Journal have been among the strongest and most effective suppi_tal. He has been selected by the International Coop~ration ~ of much good legislation; such as Social Security, unemAdministration Public Health .Program to serve as an adviser. to ployment compensation, veterans' benefits, mine safety codes,
the system of ·national hospitals in the Central American country aid to schools, etc.
of Costa Rica and will be stationed in San Jose, its capital and
To sum up then-intelligence, courage, integrity, loyalty, and
principal city.'
•
accomplishment-all of these qualities would be treasured in
any leader; and they describe a great and remarkable American.
Truly, he is "something of a man."
1
Thomas Davis 01 pistrict ~O
• So for myself and my family-a better life; and for my old
age-a security far beyond any other present vision; yes, and
Thomas Davis,-Assistant to UMWA District 50 President A. D. for things greater than myself: For every youth better educated
Lewis, died August 19 in Williamson, W. Va., of a heart attack. on wages he has helped to gain; and for every home lifted from
He was 63.
'
•
•
the economic delinquency of abject poverty; and for every miner's
Mr. Davis was an Indiana coal miner and became an or~an- life and limb that has been saved by safety legislation he has
izer. for the CIO during the late 1930s. _When the U~A wit~- fought to get; for all the disabled and the aged that his United
drew from the CIO he became an organ~ze~ for the (!m~e~ Con- Mine •Workers Welfare Fund has benefacted; yes; and for every
struction' Workers, serving ·in Indiana, Illmo1s, West Virg1ma, and hospital built and, in them, for all the suffering ~nded and broken
Northern Virginia.
. , ,.
.
bones mended again to usefulness-For all these things, .t hen,
In 1946 he was named a District 50 regional d~ector with which he has greatly affected, thank God for the leadership of.
headquarters in Johnson City, Tenn., and :was appo1~ted a_s as- Jolin L . . Lewis. Truly, he is quite "something of a man."
sistant to A. D. Lewis on Sept. 1, 1948. Smee that time bis assignments have been mostly i~ the So~th, although he often ,
Interior Department Honors Inspector Young
served on special assignments m the Midwest and North,
Harry C. Young, ,a Federal coal-mine inspector with the U. S.
Bureau of Mines at Birmingham, Ala., until his recent death, has
Soft Coal Production Up For Year
The National Coal Association, on August 28, estimated been honored' posthUmously with the Department of the Interior's
Commendable Service Award and Medal, the Department anbituminous coal production for the week ended ,August 22 at nounced·
in Washington, D. C. The award was presented to his
approximately 7,105,000 tons against 8,223,000 tons !or the corresponding period ~ast year. Production for the week ended August, widow, Mrs. Ru~h T. Young, now residing at La Canada, Calif.·
A native of Alden Station; Pa., Young joined the Bureau at
15, was 7,145,000 tons.
Soft coal production from January through August 22, 1959, Pittsburgh, Pa., in 1947, being transferred to Jellico, Tenn., soon
was · 254 926 000 tons compared with 246,863,000 tons from Jan- afterward. In 1951 he was· transferred to Birmingham, where

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·United Mine Workers Journal

UNI'I'ED
MINE Womrn· §
JOURNAL
06ielal Poblkatio•
Unite/{ Mlrt11 Wor/,~ al. America
70th ~~

.
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/'
Sept.ember 1, 1959

JUSTIN McCARTHY, Editor
REX LAUCK, Asst. Editor .

SEPTEMB);:R I. 1959 ,

No. 17

'We Told You So' About if ·~ @~~Gu~
Landrum-Griffin Vote Prove§ ll~[
Probably nothing pleases an editor as much as to be
.
able to say: ''We told you so!"
This m~es us feel as -though this business of soothsaying about politics and the multitude of other subjects
about w1?ch .we _are · supposed to be experts really is
•·
worthwhile, after all.·
Well, . we told you so about the 86th Congress last
November 15. •That was right after the election of the
new Congress.
.Among other thing$ we said:
" ... ~t•a not Qe kidded for one minute into thinki_ng that
this election was a great victory for organized labor.
''Tbe same Southern Democrats in both _Houses are going
to hold the balance of power in the 86th Congress. And most
of them are by no means friends of labor. ·
•
''Y'e_'re 1:1ot foolish epough to . go around crowing, as the
a/L-cio is domg, that everything is fine now that the Democrats
have lil.lbstantial majorities in both Houses.
"Organized labor' is going to have to continue to tight
every inch of the way for any benefits for worlpng people that
it may be able t.o beat out of the new Con~ss.
"And organized labor ~n•t going to get anyplace by com,.
promising on basic issues, We still stand for outright repeal
of the Taft-Hartley Law, in contrast to the a/l-cio-which
once again is talking about revising it. And we still are opposed to so-called "labor reform" legislation being called for
by the pseudo-intellectual nitwits of the afl-ci.o .••"

So, what happened?
'The Most Vicious Of The Three'

ning around _the country advocating the passa?~ ·of ant_ilabor legislation.· _They have bee~ comprom1smg th~~
principles trying to curry favor with and appease men
who want no part of union labor, never .have and never
will."

I

Howe who is one of the most experienced legislative
representatives on the Hill, said it was a foregone conclusion that if the anti-labor forces in Congress were given
a chance they would come µp with some of the most
vicious legislation possible.
.
He said that Congressmen who had _been told by
afl-cio representatives that some so-called labor "reform"
legislation was needed and all right .to support were left
with the choice of voting for what was offered on the
floor of the House or trying to explain to a public that
didn't understand the issues w}'J.y they were voting against
"labor reform" and thus breaking a campaign pledge.
The vote in the House was a political victory for the
National Association of Manufacturers, the Chamber of
Commerce, Minority Leader Charles A. Halleck (R.
Ind.), Rep. Howard W. Smith (Dixiecrat, Va.), chai;rma~ .
of the House Rules Committee, and the whole GOPDixiecrat. coalition. Their strategy worked bea1,.1tifully.
The coalition was well disciplined. Ninety-five Democrats
voted with 1_34 Republicans for the Landrum-Griffin bill.
One h~ndred eighty-four Democrats and 17 Republicans
voted against it.
Legislative represe~tatives of organized labor who
were over-confident about the infl.µence of House Speaker
Sal? Rayb111:1 (D. 1 Texas) in swinging votes against the
Landrum-Griffin bill had the shock of their political lives
when Mr. Sam was able to get support from only seven
So1;1thern Democrats. Rayburn had been expected to
swm~ 35 _t~ 50 Southern votes with his nationwide radio
and telev1sion denunciation of the Landrum-Griffin bill:
0 ~e South '~ usual 110 votes, only seven were loyal
to thf
. e emocrat1c Party platform and the party lead .
.
,
ersh1p.
0

'It Was A S·ad Day For l abor'

.
anlio;::e~sati? day for labor, for the Democratic Party
a on.

agl~tfin!i:~~ ~~t~~ bill was 229 for passage and 201
Well, the climax was reached on Thursday, August tives from coal minin t.es ~ere those of 74 Representa~
13, when the House of Representatives voted on the "wrong," or for the gbtstr1~
Of this group, 23 voted
Landrum-Griffin bill, H. R. 8400, the most vicious of the against the bill Of th 1 •
ty-one voted "right," or
three anti-labor bills being considered by the people's so- by the UMW.A onl
end orsed for election last year
Eugene Siler CR KY eps. Ivor D. Fenton (R., Pa.),
called Representatives.
The entire campaign against this union-busting bill Ala.) voted "wr~ng~/• fdrtyGe~rge ljuddleston, Jr. (D.,
was characterized by ineptness, bumbling, fumbling and receiyed the endors~ment° f th epresentat~ves who had
a both-feet-in-the-mouth approach (which still continues) election voted "right.''
~ . e UMWA m I~st year's
by the alleged leadership of the af Trcio.
.
. •
The following li~ts sho h
The activities of the representatives of the af Trcio on voted,
from the UMWA w . ow coct!--area Representatives
Capitol Hill and at the federation's headquarters left Griffin bill and on th POmt of viow, on the Landrumfriendly and pro,-labor Congressmen completely up ip the the legislfition.
e later motion to recommit (kill)
air as to what organized labor's position really was.
As Robert E. Howe, Director, Labor's Non-Partisan
0
e
A
,
Those coal area Re
:- : •
'
League, put it:
"lt is a. sad commentary on labor politics that 12 years against the·Landrum-c~~e~~tives who voted "right,"
ill,L are:
after the passage of the iniquitous Taft-Hartley Act and Jan Carl Albert (D.., 0 ,.,_
am.) Wa;
• .
(D., W. Va•) urnmfao; Aspinall (D., Colo.), CJeveless than one short year after labor was heralded as hav- N : l\~_Balley
1
(D., N.D.), ste;e~ V
te G. Bray (R., Ind,), Quentin
ing made gigantic political gains, we are being saddled (D·• ';:a. )ck
, Merwtn Coad (D
• Oar r (D., Iowa), Franl( M. Clark
with anti-labor legislation that makes Taft-Hartley look Johnc:• Dent (D;, Pa.), WlnftJ:~&gt;DeRobert J. Corbett (R., Pa.),

~r

like labor's Magn~ Chart.a.
I

son

., Okla.), Daniel iJ Flo

James G. Fult,on (R,, Pi:_),

nton (D., Ind,), Ed Edmond·

-:!!n~;:/t&gt;,
John R.•Foley (D., Md.),
• Gray (D., IU.), Denver D,

�September 1, 1959

United Mine Workers Journal

Page 13

, Byron L. Johnson (D., Oolo,), Elizabeth Kee (D., w..Va.); Robert
~ - Levering (D., Ohio), Peter F. Mack, Jr. (D., DI.), Don Magnuson (D., Wash.).
I
Others are : Walter H. Moeller (D., OJtlo), Joseph M. .Montoya
(D., N. M.), Arch A. Moore, Jr. (R., W, Va.), William S. Moorhead
(D., Pa.)_, Thomas E. Morgan (D., Pa.), Morgan M. I\'loulder (D.,
Mo.), William H. Natcher (D,; Ky.) Oarl D. Perkins (D · Ky)
Melvin D. Price (D., Ill.), Stanley A.'Prokop (D., Pa.), William 'J'. •
Rnnclull (D., l\lo,), Ralph J. RJvers (D,, ,i\laska) Byron G Rogers •
())., Oolq.), John, P. Saylor (D., Pa.), George E.' Shipley (D., III.),
John M. Slack, Jr. (D., W. Va.), Neal Smith (D., Iowa), Harley O.
Staggers (D., W. Va.), Tom Steed (D., Okla.), Frank A. Stubblefield (D., Ky.), Thor O. Tollefson (R,, Wash.), James W. Trimble
(D., Ark.), James :E. Van Zandt (R., Pa.), Francis E. Walter (D.,
Pa.), and Fred Wampler (D,, Ind,).

Those coal-area ~epresentatives who voted "wrong,"
for the Landrum-Griffin bill, are:
•
Howard H. Ba1'er (R., Tenn.), Frank T, J:!ow .(R., Ohio), Claren~~ Cannon (D., MQ.), J. Edgar Chenoweth (R., Colo.), :Robert B.
Ch~pertield CR., Ill.), Henry Aldous Dixon (R., Uta,h), Joe L.
Evins (D., Tenn.), Ivor D. Fenton (R., Pa.), James B. Frazier, Jr.
(D., Tenn.), Leon H. Gavin (R., Pa.), John E. Henderson (R.,
Ohio), Geor~e Huddleston, Jr, (D., Aia.), W.R. Hull, Jr, (D., Mo.),
Thomas G. Morris CD., N. M.), Richard H. Poff (R., Va.), B. Carr oll Reese (R. , Tenn.), Edward H. Rees (R., Kans.), Armistead
I. Selden, Jr. (D., Ala.), Eugene Siler (R., Ky.), .Richard M. Simpson (R., Pa.), and Keith Thomson (R., Wyo.),

Those who voted "right," to ·recommit (kill) the bill,
are:
'
Carl Albert (D., Okla,), LeRoy H. Anderson (D,, Mont.), OleveIand M. Bailey (D., W, Va.), William G. Bray (R., In\l.), Quentin
N. Burdick (D., N. D.), Frank M. Clark (D., Pa,), John H. Dent
(D,, Pa.), Winfield K. Denton (D,, Ind.), Daniel J. Flood fD., Pa.),
, John R. Foley (D., Md.), Kenneth J. Gray (D., Ill.), Denver D.
Hargis (D., Kans.), Wayne L. Hay1:1 (D., OhiQ) t Elmer J. Holland
(D., Pa.), Elizabeth Kee (D., W. Va.), Peter F. Mack, Jr. (D., Ill.).
Others : Don Magnuson (D., Wash.), Jo~eph 1\1, Montoya (D., N.
l\l.), Arch A. Moore, Jr. (R., W. Va.), William S. Moorhead (P,,
Pa.), Thomas E. Morgan (D., Pa.), Carl D. Perkins (D., Ky.),
Melvin Price (D., Ill.), Stanley A, Prokop (D., Pa.), Ralph J. Rivers (D., Alaska) ,- George E. Shipley (D., DI.), John M. Slack, Jr,
(D., W. Va.), Harley O. Staggers (D., ~- Va.), Francis E. Walter
(D., l'a.), Fred Wampler (D., Ind.), Johll P. Saylor (R., Pa.), and
William J. Randall (D., Mo.).
_
.

September 7-13 Is Union Label Week;
. Insist On Union Products, Servi.c es •
-

•

This is a reminder to UMWA members and their
~amities that the week of September 7 to 13 is Union
Label Week, observed annually by the Union Label &amp;
Service Traci~· Department of the AFL-CIO. It is a
reminder that union men and women can do much to
help their brothers in the labor movement and to maintain ,American standards of wages and working conditions by year-around adherence to the slogan: "Buy
Union."
The Union Label &amp; Service Trades Department is
observing its 50th anniversary this year and the UMWA
joins with other American unions in saluting the work
Those who voted "wrong," against recommitting the of the department and its dedicated secretary-treasurer,
bill, are:
,
•
Joseph Lewis.
Wayne L. Aspinall (D., Colo,), Ii:ow~rd H. Baker (R., Tenn,),
. The department's principal function is to call to the
Frank T. Bow (R., Ohio), Clarence Cannon (D., Mo.), Steven V.
attention
of the buying public the high quality of union
Carter (D,, Iowa), J. E!'fgar Chenoweth (R., Colo.), Robert B. ,,
Chiperfield (R,, Ill.), Merwin Coad (D., Iowa), Robert J . Corbett _ label merchandise and the excellence .of uhion services.
(R., Pa.), Henry Aldous Dixon (R., Utah), Ed Edmondson CD.,
The union label on a product mean~ that that product
Okla.), Joe L. Evin~ (D., Tenn.),.Ivor D. Fenton (R., Pa.), Jam7s is made under decent working conditions by men and
B. 'Frazjer (D., Tenn.&gt;, James G. Ful\on (R., Pa.), Leon H. G8:vm
(R., Pa.), Ken Hecltler (D., W. Va.), John E. Henderson (R., Ohio), women who are paid a good union wage. As AFL-CIO
George Huddleston, Jr. (D., Ala.), W. R. Hull, Jr. CJ?,, Mo.), W. President George Meany •said: ''The union label is the
hallmark of decency in the marketplace,!'
Pat Jennings (D., W. Va.). _
•
•
.
•

• Others: Byron L. Johnson (D., Colo.), R?bert W. Levering (D.,
Ohio), Noah M. Mason (R., nt.), ~therme May (~., Wash.),
Robert H. Michel (R., Ill.), Wa~ter H. Moeller (D., Oh10),_ '1:homas
G. Morris (D., N. M.), ;Morgan M, Moulder (D., Mo.), William H.
Natcher (D., Ky.), Richard H. Poff (R., Va.), B. Carroll Reece CR,
Tenn.), Edward H. Rees (R., Kans,), Byron~- Rogers (D., ~olo.),
Armistead r. Selden, Jr. (D.; Ala.), Eugene Siler (R., Ky.), Richard.
M. Simpson (R., Pa.), Neal Smith (D. 1 ~owa), Tom Steed (D.,
Okla.), Frank.A. Stubblefield (J;)., Ky.)., Keith Th~mson (R., Wyo.),
Thor c. Tollefson (R., Wash.) _and James W. ';l'rimble (D., Ark.).

• ~eadline Of The V{eek Department

I

From tne AFL-CIO News Service of, August 20:
'WE MUST DO MORE WORK IN POLITICS,'
•MEANY SAYS, ·
· The crown of all.;..·f-a-cul_ti....
es.,_1_s_co_mm_on sense. •It fs not
enough to do the rlgbt thin~, it m~ Lb:_d~1:: :~~ right

~!

Take It Easy!
"The poor earnest American spends· his day importuned to keep to the right, to curb his dog, move to the
rear, watch where he is going, dim his lights, throw trash
here, not smoke there, fasten his seat belt, face the front,
not stand ill this place or park in that; he is asked to remember the blind, the helpless and Pearl Harbor. . He is
tempted. with fattening foods and warned to watch his
weight; he is urged to think this and told not to think
that; he is solicitiously invited to go into debt to pay for
a car, a TV set or a vacation-and urged to be thrifty.
He is asked to consider the Jews, reminded of Arab refugee~, cautioned to be kind to minorities. And he is also
asked why he doesn't relax!"
-Tkoma,s Griffith in. the .Wa,ist-Higk Cultiirc
,f"f.,.__,.,J__ ,a..,......,..., I

• _ ___,,:,__.!

�Page 14

United .Mine Workers Journal

S ep tember 1, 1959

The Day
hen Teddy Roosevelt Visited
Wilkes-Ba rre Reca lled As Most Colorful
By a Journal Correspondent
WILKES-BARRE, Pa.-An estimated 250,000 persons-the largest assemblage ever to congregate in this
hard coal region's long and colorful history-converged
on this city more than half a century ago. It was August
10, 1905, to be exact.
The stage for the mass meeting was set when Tho11Z;as
D. Nicholls, first President of UMWA District 1, presiding at the District's 7th Annual Convention (July 17 to
22, 1905), announced to the assembled delegates that the
rally was to be held in Wilkes-Bal.Te on the 10th of the
following month.
Disclosure of the rally itself and the date it was scheduled
were not significant facts in themselves. For the forthcoming
meeting was but one of a series of 36 that were to be held that
year throughout the region.
But when Mr. Nicholls told the convention that the President
of the United States, Theodore Roosevelt, h ad accepted an invitation of the District 1 executive board to be the •principal
speaker for the affair, the press announcements that followed
created widespread interest in the event-the magnitude of which
never before nor since has been equalied in the anthracite region.
The visit of the Chief Executive was to be his first in the '
region-about whose basic industry, its people and its problems
he already k;new much. For it was through "Teddy" that the
Anthracite Coal Strike Commission was created. The commission
played the major role in the settlement of the famous 1902 strike.
Roosevelt, elected the 26th President of the United 's tates in
1901 at the age of 42, was the youngest man ever to assume the
highest post in the land. He was serving as President when John
Jllitchell, a personal friend , was International President of the
UMWA. l\llitchell was elected bead of the Union in 1898 at the
age of 28.

Cardinal Gibbons Another Visitor
August 10, 1905, was of dual significance for Wilkes-Barre and
the Wyoming Valley. It marked the date of the miners' rally
and the 35th annual convention of the Catholic Total Abstinence
Union, ~ hose sessions were addressed by no less a church dignitary of the times than His Eminence James Cardinal Gibbons.
The hard coal industry, with approximately 168,000 employes,
found mi.Jie workers accompanied by their families, from every
nook and corner of the anthracite region, heading for WilkesBarre for the big rally. This contingent was supplemented by
people from outside the coal fields coming t_o this Luzerne County
seat on special excursion sections of steam and electric trains
from as far as 200 miles away to see and bear the President of
the United States.
An hour before Roosevelt's scheduled arrival at 3 p.m ., about
10,000 men and boys, headed by M. J. McLaughlin, grand marshal, marching to the martial music of 50 musical organizationsincluding the famed Catholic Protectory Band of New York City
which had led Roosevelt's inaugural' parade-had disbanded after
the largest demonstration ever held in this region.
When the President arrived, the first man to greet him was
President Mitchell. Others were Mayor Fred C. Kirkendall, Rep.
Henry Palmer, Philadelphia's Mayor Weaver and the Rev. Father
J. J. Curran.
Following the exchange of greetings at the railroad station,
the Presidentr-aided by regiments of extra police from Scranton, Philadelphia and other cities in the hard coal. area-was
escorted to the South River Common where he addressed the
massive gathering. .
.
Roosevelt, in his first talk face-to-face with the mine workers
of the anthracite, praised them for the period of labor peace that
prevailed following settlement of the long 1902 suspension. He
also singled out the great influence which the CTAU represented
in building individual character among men.
Others who addressed the mass rally were Mitchell, Cardinal
Gibbons, Father Curran and Mayor Kirkendall.
•
Roosevelt, who was accompanied on his trip to the area by a
number of his cabinet members, his son Kermit, and nephews
: J'Y.n;_.~-.f&gt;Oulil tahn,-._pvnert '' Hnw~ ::ij:_kc:. --1.P.a
ancier
in } with the added a
omg 1

i

WED 50 YEARS-Mr. and l\Irs. Clifford W il on of l\Iu hlenl}erg .County, Ky., recently celebrated thoir golden wedding anniversary. He is n. member of UMWA District 23. Th e ,, il ons
have six children, 12 grandchildren and four gren.t-g ra ndchildren.
One of the children, l\lrs. Patrich Spicer, writes that sh e h ns n e ye r
seen n. picture in the Journal of anyone she !mows . Her a.re
your parents, Mrs. Spicer.
•

State Civil Rights Laws Improve
. NEW Y~RK (PAl)-~reat strides in passage of state civil
nghts laws m the first six months of 1959 ar e reported by the
National Labor Service.
Four · states-Colorado, Massachusetts, Connecticut an d Ore go~-passed. laws prohibiting discrimination . or segregation in
pnvate housing, the first such laws enacted at the s tate level in
the United States. California passed a statute proh ibiting discrimination in publicly aided housing. California and Ohio join ed
14 other states which have effective Fair Employm ent Practice
laws. Maine joined 22 other states which have civil r ights laws
prohibiting discrimination in places of public accommodation, resort or amusement.
In•addition to these major achievements, Connecticut strengthened the powers of its Civil Rights Commission by giving it authority to initiate complaints in cases involving discrimination in
public accommodations and to issue affirmative relief orders in all
types of cases under its jurisdiction. - California broadened its civil
rights statute by making it applicable to all business establishments and to professional and vocational schools.
Sanctions available to the New Mexico •Fair Employment
Practice Commission were strengthened somewhat, and Missouri
enaeted a ~tatute prohibiting discrimination in state employment,
but provided no punishment for · evasion. Missouri also made its
temporary Human Rights Commission a permanent agency of
the state. Washington prohibited discriminatory inquiries in connection with credit applications. Idaho, California and Nevada repealed their prohibitions against interracial marriage~.
At the monument grounds, the President was reported to
have. been particularly impressed by the ranks of nearly 100
Grand Army of the Republic veterans who acted '.as a guard of
honor. He paused long enough to converse with Cot C. . Bow
Dougherty, whom he hailed as "comrade," and also Zebulon Butler, direct descendent of Col. Butler who commanded the forces
at the Battle of Wyoming.
After placing a wreath of roses at the base of the monup1ent,
Roosevelt and hls party contlnµed on into Pittston where his ~ain
awaited to take h.im to Lake Chautauqua where he was to deliver
an address the following day.
Credited with being instrumental in getting the Presid_ent to
the area-because of personal friendsbip'.--was President Mitchell.
Roosevelt served as President from 1901 to 1909 and Mitchell

-

~

-- --

�'

Scptetnbcr I, 1959

United Mine Workers Journal

Page 15

Bituminous Coal Research To Study Use
Of. Radioisotopes In Coal Produetion

JE l\IORIE
OF 1949-1950-Pictured above 'are Mrs. J. D.
Bran ch antl h r fa it hful cow whic11 su11plied her and her famliy
f fh· with mi lk a nd butter a nd brought in $40 a month from
milk a le during t li'e time when the UlUWA had no contract
with th na tio n'
o(t coa l produce rs and the Ul\l\VA W elfare and
R tirem nt F untl was forced to suspend pension payments. l\Irs.
Brn11 •h' Jiu band, J. D., is a. r etired member of Ul\'lWA District 29.

CC &lt;OJfi'd©J~o@lii IL©J ~©ir fug~fs 3csck Against a·oss'
IE'fR1@5"'M'S i@ !Hl©1msfirill'ilg Unions By Legislation
OTTAWA, O tario (PA I) - Canadian labor is striking back
hard at efforts of t he Canadian Manufacturers' .Assoclation to hamstring unions along the lines now being fbllowed by American
bu iness and industry.
President Claude Jodoin, of the Canadian Laoor Congress, has
bluntly charged that the Canadian ~arllifadurers' -Associati&lt;;&gt;n is
obviously trying "to weali,:en the role of trade unions_ ih their
efforts to obtain for their membersliip a fair share of indtistry's
profi~~
,
Referi'ing to proposals that the m!mu(acture~s ~av~ m~de t?
the Canadian government fo regulats labor umons, Joffoiri declared !
•
,
"The ' picture which the CMA paints of manufacturers being
the victims of big labor unions is factually false.
"Figures which the CMA quotes with 'regard to the financiai
strength of unions show the workers' organizations to be extremely
poor beside the wealth of corporations, many of 'Which are the
backbone of the CMA."
The CMA, Jodoin charged, has now "placed itself firmly _on
record as seeking so-called 'right-to-work' laws of the type which
were rejected by United States voters in five of the six states in
which they were an issue" in the recent election.
"These laws are simply a prohibition against an employer and
his empioyes mutuaily· entering into a contract which is based on
the democratic system of sharing responsibilities.
.
"This is the same system as that which governs ou,r taxation.
If the CMA is sincei·ely concerned wlth what it describes as the
'fundamental human right 1 to work, it might better devote attention to the present gi'owing unemployment resulting from many of
its members laying off empioyes."
• At the same time United Steelworkers Canadian Director William Mahoney in a statement on the proposais charged that tlie
CM.A "with typical arrogance," confuse.cl 11 tiie economic interests
of a minority of employe1's With the 'public interest.' "
. .
The brief, Mahoney said, is "ah open attempt to limit bargaining power by legislation useful on1y to those employers who
anticipate strikes -and strikebreakers."
.
Mahoney also condemned the "lmportation of the discr~ditefl
U. $. concept of antl-uhion-security legislation," typified by American "right~to-work" laws.

One-third of all fuel consumed in a steam.:.heated building is
used ln expelling air from ,the radiators. Maintaining air valves
in good workin
rdar \.viii nr1&gt;..:arva mnst nf his f~, .. 1 fnr h&lt;&gt;,-ti n

The Atomic Energy Commission has awarded a contract for
a study of the potential applications of radioisotopes to the mining.
transportation, storage, and use of coal to Bituminous Coal Research, Inc., the national research association for bituminous coal.
The survey-type project has been set up for a seven-month period, and should be completed early in 1960. •
Tlie objective of the program is to determine the nature and
potential extent of applications of radioisotopes and reiated technology to the mining, transport, and storage of coal by the coal
industry and to the storage, in-plant handling, and use of coal by
major consumer groups. The results should comprise an excelle~t
oasis for programming further radioisotopic research and engineering projects to d~velop improved coal production ·a i:a utili:ation methods. The project is one of a series on selected industries
i:iei.rlg performed by various organizations under the sponsor:5hip
of the Office of Isotopes Development of the AEC.
Under the AEC program Bituminous Coal Research, Inc., will
giye attention to those problems i~ the production ·an~ ·use of coal
where existing raa.ibisotoplc technology can be applied and also
to coal inclustry problems that might require the development or
new radioisotopic methods to solve them.
Problems in introducing radioisotopic methods in the coal industry as well as the availability of manpower qualified to handle
these ~ew techniques, w:in be examined by BCR. Appropriate
ways to supply future trained manpower will also be considered.
A study of efficiency gains the coal and related industries might
achieve through use of radioisotopes will be included in the program.
•
For the AEC, Bituminous Coal Research, Inc. will make
recoininenciaHbns on steps necessary to expedite the application
of radioisotopic methods by tlie coal industry and major coal consumer groups.
•
In completing the objectives of the project, BCR will use qualified oheinists, chemical engineers, mining and preparation engineers 1 a geologist, fuel technologists, and market analysts. Dr. H.
J. Rose, BCR vice president and consultant, is the principal investigator on the ptoject, and J. W. Igoe, BCR director of ad. m.ihistfatiori arid secretary-treasurer; is BCR's coordinator with
the AEC.
.
, THe Nuclear Science and Engineering Corporation of Pittsburgh, Pa., wlll serve BCR as techriical consultants in radioisotopic technology.
.
_
•

Imperial Coal Teciri'i Wins Prize
The six-man safety team of Imperial Coal Corp., Diamond
No. 2 Mine, Boltz, Pa., for the second consecutive year is winner
of the N'ortli Central District Safety Association first-aid meet
held recently at Indiana, Pa.
The victors compiled a winning 98.65 percentage in sohing
four problems and were awarded a plaque and $350.
Conemaugh Mine of Conemaugh Mining Co. was runnerup with
a 98.25-plus percentage. The team received a trophy and S210.
A fraction of a percentage point behind in third place was Lucerne Mine of Rochester &amp; Pittsburgh Coal Co. Keystone 1\Iine.
a second Imperial entcy,,finished fourth, 98.20 plus, and R. &amp;. P.
Coai Co/s Kent No. 8 mine placed fifth by a fraction of a perceritag·e point.
Third-place team members shared $175 and safety flashligh t :
fourth place received $140 and safety hats, and fifth, S105 and
flashiights,
.
._
Prizes were awarded by Lewis E. Evans, Ebensbm·g, deputy ·
secretary of Pennsylvania Department of Mines &amp; l\Iineral Indus tries, and John GIW:zon!, President of Un/WA District 2.

New Illinois Prison To Use Coal
A coal burning power plant will be installed· at the new Fcd-eral penitentiary at Crab Orchard, Ill., it was annoWtced by Rep.
Kenneth J. Gray (D., Ill.).
.~
Gray said President John L. Lerois of ·t he UillJY A a11d s "e ·aE
eoal companies had requested his assistance in contacting th~ ~
U. S. Bureau of Prisons in behalf of coal.
"With billions of tons of Southern Illinois coal surroundin!;
the new prison," Gray said, "it is imperative that we set an x ample to others by using this important fuel.'' Coal was found
tn..J~_c;.ove1·a] thausn.nd..dnUars cbean(lr n
:ve,::tn.c!lR_n...flu.U...~nu=-iMCt _

�Page 16

September· I, 1959 /

United lVline f!Vorkers Journal

Holm.es C

&gt;l

.. .. ·:_;: ·,~~ j
WILLIAl\I HENRY LOVEDAY-L. U. 5958, District 17,
Amherst Coal Co., Lundale, W.
Va., for 61 years · without a.
lost-fi:me injury.

HENRY G. AKINS-l\'line
foreman, Gorgas Coal l\iine,
Alabama. Power Co., Gorgas,
Ala., for supervising 18 men
who worked 432,000 man-how·s
without a lost-time injury.

JOSEPH Zll,LINCIK-L. U.
5813, District 17, Island Creek
Coal Co., Holden, \V. Va., for 40
years without a lost-time injury.

JOHN B. HUGHES-Union
Pacific Coal Co., Roel, S prings,
,vyo., for 40 years without a
lost-tin1e accident.

ililrt~~i11
t~~:~r:~~:;'.:P::y _ ·

~ ~{~lP.
t!t11~f~;~;:::_...~....:.~~;;....:.:..:.....;..:,:~;..;;~,,..i~

PETER J. WENECK-Safety
engineer (retired), Mine No. 72,
Bethlehem l\lines Corp., Johnstown, Pa., for 43 years without
a lost-time iojary.

Ci \ ,,'.

.. .
. ,

u.

u.

MIKE KESELYAii-L. U.
6411, • District 2, Bethlehem
Mines Corp., Johnstown, Pa.,
for 43 years without a lost-time
injury.

6411,
JOHN HUDY-L.
District 2, Betltlehem Mines
Corp., Johnstown, Pa., for 47
years without a lost-time injury.

JOHN GREDESKY-L.
6411, District 2, Bethlehem
Mines Corp., Johnstown, Pa;,
for 45 years without a losttun~ ll!j~y_.

ICORBEC-.. -1;.:-ht
foreman, l\lJne No. 'i2, Ilethlcht&gt;m ~fines Corp., Jolm,,town,
Pa., for 4-1 years without a

Vi"tANK J. WELTY-L. U.
43 Hi, District 31, Bethlehem
Mine,; Co1·p., Ilarraclcvllle, W.
Va., for 40 j•rnr,; without a lost-

JAMES B. SIDWEi:.L--:-L. U.
4346, District SI, Bethlehem
l\fines Corp., Barrackville, \V.
Vu.., for 40 years without n. lost-

;:j~~J(,f~~.

J}il
. ,,

A...VDREW Gl\lUCA-Retired
tipple forem.nn, ]}llne No. 72,
Bethlehem Mines Corp., Johnsto~u, Pa., for 44 years without

�-United Mine Workers Journal

"-sepiember 1, 1959

Page 17

·id Week1 Proclaimed in Buff lo, New York
CITY OF BUFF.A.LO
•OFFICE OF THE M.A.YOR

Tu.A.NK A. SEDITA
MAYOR

-: PRO CLAM A T'I ON:WHEREAS, the City of Buffalo will be host on October 5-7 to
the ·nation's outstanding mine rescue and first-aid
teams who .will demonstrate their skills before the
general public ·at the Memorial Auditarium on the
aforesaid days in the 18th National First-Aid and
Mine Rescue Contest; and WHEREAS; this demonstration wi!l provide for the people of
Buffalo and vicinity an opportunity to witness at
first hand the speed and proficiency with which
these teams administer first aid to the injured and
conduct rescue and recovery work after mine disasters;
NOW, 11-IEREFORE, I, FRANK A. SEDITA, Mayor of the City of Buffalo,
New York, do herepy proclaim the period of October 5 through
October 11, 1959 1 as

"FIRST-AID WEEK"
in the City of Buffalo and· urge ail citizens and o~ganizations
to attend this free National Conte~t and also tc observe the
period by giving increased attention to safety, accident prevention and principles of first aid.
Done at Buffalo this 18th day
of August in the Year of
Our Lord Nineteen Hundred
an~ Fif
ine;

�Page 18

United Mine Workers Journal

September 1~ 1959 /

William U. Norwood, Jr., Named Assistant Eathorne Honored By Interior De partment
William ~athorne, of Pittsburgh, Pa., who recently retirw
Director of Employment Se curi-0-y IBl!lr~aw
Robert C. Goodwin, director of, the U, S. Department of Labor's
Bureau of Employment Security, has announced the appointment
of William U. Norwood, Jr., as assistant director of t he Bureau
in charge of t he United States Employment S ervice.
Norwood was employment service director of t he Florida Industrial Com.mission. As head of the Employm ent Service, Norwood will be responsible for the coordinat ion and guidance of the
employment service activities of the 53 state a nd t errit or ial employment security agencies which administer t he more than 1,800
- local public employment offices across the nation.
Since completing his gra duate st udy in business administration at the University of Florida in 1938, Norwood h as spent his
entire career in employment securit y work, except fo r t hat time
spent in military service. Beginning in June 1,938 as a st atis tician
\.vith the Florida Indus trial Commission, he h as served r espectively
as the commission's chief of reports and a nalysis, director of unemployment compensation, and, more recently, employment service director. In 1952, he was granted a four -mon t h leave of absence from the Florida Commission to come t o Washington , D. C.
to serve as chief of unemployment compensation fo r veterans at
the Bureau of Employment Security.
Norwood is immediate past president of the Interstat e Conference of Employment Security Agencies, an organization in
which he has been active for many years.
As the new assistant director of the Bur eau of Employment
Security, Norwood succeeds Arthur W. Motley, whose appointment
as director of the U. S. Department of Labor's Bureau of Labor
1
Standards was announced later.
Norwood was born in Ocala, Fla. His undergraduate and
postgraduate work was taken at the University of Florida. He is
a yeteran of World War II and saw service with the Army in the
Southwest Pacific area.
•

°Labor Baiters Also After Farm Co-ops
James G. Patton, president of the National' Farmers Unjon,
has denounced the "right-to-work" movement for soliciting funds
from farmer cooperatives to support passage of anti-collective
bargaining laws. Patton charged that the "right-to-work" fund
solicitors "are the same people who consistently have tried to
destroy farmer cooperatives."
•
"Now these people who have worked for years against the best
interests of the farmer have the gall to ask the farmer to help
them destroy the farmers' best market-organized labor," Patton
said.

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SAFETY AWARD WINNERS-Four employes of the Federal
No. 1 Mine of Eastern Gas &amp; Fuel Associates at Grant Town. W.
Va., Local Union 404'1, District SI, received citations from the
Joseph A. Holmea Safety Auoclatlon for worklnar a total of 1'1lS
yean without a la.t-tfme LDJury. The certUlcatea were presented
to the men by William Laird, mine nperlntendent, and Ben F.
Powell, Jr., safety Inspector at the mine. Lett to right are Powell,
bed
ears:
ceni
anJ.la.k.
ea,rsJ__llh_fill.X J.

from the Bureau of Mines, has been honored with the Dep;i?-£ment of the Interior's Meritorious Service Award and Silver
Medal, the Department announced recently at Washington , D. C.
~athoz:ne's award is in recognition of 16 years' except ional
service with the Bureau, first in the wartime Mineral Production
Security Division, and later in safety work.
From the summer of 1942 until his t ransfer to the Central
Experiment Station at Pittsburgh in the fall of 1949 he was stationed at Albany, N. Y. , where he headed t he Bu;eau's H ealth
and Safety subdistrict office for five years.
Since 1949, Eathorne has been best k~own throughout the
Northeast for his demonstrations and lectures on "The Magic of
Fi.re" -and "Static Elect ricity," which were in such demand by
safet y societies, conventions, institute and industrial execu tives'
meeting;,, and fi re-prevent ion organiza tions that t hey r equired
most of his time.
His sense of showmanship and his cont inuing study of his
subjects enhanced the value of his work, t he Burea u said. H e
was especially adept at tailoring his presen ta tion to the needs and
mood of a particular audience.
Before jo1ning the Bureau, Eathorne, a graduate of the Camborne School of Mines, England, was an engineer e.ight years in the
South African gold fields and 16 years for t he Anaconda Copper
Mining Co. at Butte, Mont.
.;

favorable Ruling For Workers In Pennsyivani(ll
HARRISBURG, P a. (PAl)-Work ers who are forced to retire
by their employers and pregnant women who are compelled 1:o
quit their jobs by their employers are bot h eligible for unemployment compensation in Pennsylvania under a r uling of the state's
supreme court.
The court took the position 'that both groups were "willing and
able to work" and that therefor e ther e was no j ustification for
cutting them off from jobless benefits so long as t hey remained
in the labor market.
Under the rulings, thousands of pensioners who were fo rced to
retire by company regulations; will be eligible for a m aximum of
$35 a week for 30 weeks following their "retirement ."
Under present law women are entitled to unemployment compensation up to 7.5 months of pregnancy. The H ershey Chocolate
Co. requires. employes to leave work after five mont hs of pregnancy. The Court held that an individual requi rement of t his sort
could not supersede state law.

HOLMES AWARDS-Here are two more of the supervisory
employes at coal mines of U. S. Steel's Tennessee Coal &amp; Iron
Division who received Joseph A. Holmes Safety Association awards
for leading their crews to outstanding safety records. They are
Richard E. Mullen (left), general maintenance' foreman at Ham.llton, and Clyde O. Turner, mine foreman at Hamllto~. Mullen's
award was "for supervising a crew of 26 men who worked 272,883
man-hours without a lost-time Injury in the Short Creek and
Hamilton underground coal mines from December 16, 1954, through
December 81, 19158, and continuing." Turner's award was ''for
supervialng a crew of 1'78 QleD. who worked 886,669 man-hours
without a Iost-tlmo lnJory on the day shift In ·the Hamilton underuound coal mfne from Se tember 20 105'1, through December

'

�'

September I, 1959

United Mine Workers Journal

~age 19

'\ilasting Powder and Safety Lights

oal Through the Centurie
EDITOR'S NOTE: On September 1, 19S8, the Journal
initiated a series of articles on the history of coal, illustrating how that fuel has modernized industrial life. The
first 11 articles carried the story from the earliest historical references to coal down to the impact of the newly
invented steam engine on •the English coal industry.
Part 12, Blasting Powder and Safety Lights, described later
steps toward modernfzation dnd safetr, in Great Britain,

: By Alden Todd
Journal Correspo11dent

Although British .coal mining in volume and in technique was the world's leader for a long time, British min. ers were slower than those on the continent of Europe to
substitute blasting powder for the foil of pick, wedge,
hammer and shovel.
Englishmen used gunpowder in battle as early as the
seige of Honfleur in 1415, during the Hundred Years War
against France. ·B ut they did not adapt it to coal mining
until more than two centuries afterward . .

De~pite its danger, blasting was recognized as a great laborsaver. Thomas Wilson of Newcastle-on-Tyne, the dialect poet
and coal mining buff, contrasted the old, toilsome method of wedging to the new method of getting coal by blasting in this passage
from his long poem '"rhe Pitman's Pay," published in 1828:
"Here aging have the old langsyners (old-timers)
Many a weary, warkin' (aching) byen (being),
•Now .unknown t6 coal;Y 'lyhers,
All bein' maul-and-wedge work then.
"I've bray'd (pounded) for hours at woody coal,
.• Wi' arms 'most droppin' from the shoulder;
But now they just pop (fire) in a hole
And flap (blow) her down at once wi' powder."
While coal mining technique progressed in many ways through
the centuries, the lighting of coal mines was just about as crude in
1800 as in 1400-except that . the cand.les spluttered less. The
deeper and more extensively coal mines were driven, the greater
became the need for light. Greater, as well, became the dangers
from accumulated explosive gas; since miners continued to ·work
with open-flame oil lamps and with candles in even the most
gassy pits.
There are reports that some miners experimented with putrefying fish as a form of safety light, but the soft glow Jrom the
phosphorus produced by the decaying flesh was insufficient for
the job. As a safety light, it smelled in more ways than one.
The first known attempt at a mechanical safety ligqt: was the
so-called ''flint and steel mill" invented by one Carlyle Spedding
sothewhere between 1730 and 1750. This was a device hun "
around the ne&lt;:k of a 'boy helper, who would stick close to a work~
ing rttiner and turn the mill crank, causing an abrasive steel wheel
to scrape_against a p~ece of .flint and send out a shower of sparks.

The fact that explosives ,could be put to work as a blasting
agent, r ather than rnere1y to propel cannon and musket balls,
occurred to a group of political conspirators before it did to coal
miners. Hatching the famous Gunpowder Plot in 1605, they hoped
to blow up King James I of England and the House, of Lords with
one match. To do the job they hid 36 barrels of gunpowder under
piles of coal and faggots in the cellars of Westminster Palace.
But there was a leak and the plot, instead of the palace, was
blown wide open. The hired killer, Guy Fawkes, was caught and
Change In Color Indicated Gas
executed along with. the rrten who paid him.'
It was claimed that the mill · indicated the presence of flamDespite the publicity which th/ Gunpowder Plot brought to
e:&gt;..--plosives, coal miners through the rest of the 17th Century mable gas by changes in the color and size of the sparks. But since
continued to sink shafts and dig coal by hand. Sometimes when it required an operator for every working miner, unless two men
.t hey came up against solid -rock they tried "fire-setting" or an- worked very closely together, and also because six flint and steel
pealing. The rock to be removed was heated with fire, then sud- mills would keep one repair man fully occupied, it was hardly
denly cooled with water. The rock was cracked by the sudd~n· economical.
So m_ihers continued to carry lighted oil lamps, not too difdrop in temperature, and the pieces could then be cleared away
with pick and shov~l. It was a slow method, but it worked after a ferent from those which lighted ancient Greece and Rome or
c_a ndles jammed into a wad of clay which served as the hoider
fashion.
Long before this time, metal miners around Chemnitz. in Hun- wherever a candle might be placed in the mine.
The big breakthrough in coa1 mine lighting was the indirect
gary and in the nearby German principalities had learned the
result of the terrible Felling Colliery explosion, near GatesheadVa.Jue of gunpowder in mining. A Chemnitz miner named Gaspar
Weindl set off the first recorded demolition in mining history, on-Tyne, which in May 1812 took 92 lives. This was the greatin the late 1500's. About a century later, English coal operators est disaster on record. A group of mining men, combining with
imported a number of skilled German metal miners, and it is clergymen and writers outside the industry, resolved that some'probable that some of these men brought blasting know-how to thing must be done to protect human life against gas explosi ns
in the coal mines set off by open-flame lights. They appealed for
England with .them.
•
The first bore holes for blasting were cut with earth-augers, help to Humphrey Davy, a distinguished young chemist, who
about three inches in diameter, and were c1osed with a wooden ~agerly accepted the challenge.
Working with corked bottles of gas shipped to him from the
plug called a "Shooting plug." The English were quick to improve
their methods, and by the 1680's they were drilling smaller, rttore mines, Davy in 1815 produced his first safety lamp, in which an
manageable bore holes in shaft sinking, and were tamping charges oil flame was protected by a tall chimney of wire screening. The
with clay. But· there is almost no record of blasting to bring' down •1amp admitted alr for combustion, but to a great extent prevented an exploslve mixture of gas· and air from coming into
coal in British mines until the early 1800's.
contact with the flame. Other improved models of the D.ivy
Poor ventilation was one obstacle; the danger of gas arlother,
•
There was also the lack of a reliable time fuse. One early blast- safety lamp appeared in succeeding years.
Many other inventors and engineers were working on safctv
ing method was to tamp clay around a long needle, which was
withdrawn and replaced with a series of straws filled with lamps at this same time. Among them was the ex-miner and
powaer. At the far end was fixed a piece of "touch paper," which · railway locomotive inventor, George Stephenson, who produced
was supposed to burn for 30 seconds. • But instructions in this a safety lamp similar to Davy's. But Davy is generally credil\!d
risky trade in the early days usually, wound up with the warning to with ·h aving brought the first successful model to completion.
Within a year, in 1816, it was in general use in Bdtish coal mine:;.
the miner to "run as fast as possible.,"
Although the Davy safety lamp by no means soh-cd all lighting
It is Interesting to note that .Benjamin Frank.Jin, pioneer in
electricity, as early as 1751 suggested the idea of safely lighting problems it was such an improvement over what preced ' d it th!!t
explosive charges at a distance by electric spark. But neither th~ inventor was showered with thanks, and gifts, from coa t
•he nor anyone else pursued this notion at the time, and it was operators and workers alike. To top it all _he was kni htcd by
not until 1831 that William Bickford of TucklngmUl, in Corn- the Cro~-a real ~on?r for one who start~ off as a pill roller's
• • 11

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�United Mine Workers Journal

Page 20

I

The R~v. E. s. Smith

I

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The Rev. Edward S. Smith
died recently of a heart attack
while at work in a coal mine at
Besoco, W . . Va. He was a
member of UJJIJV A Local Unio11
6003, District 29. l\'1r. Smith
is survived by his widow, three
sons; two daughters, five brothers, and two sisters.

Anton Yunk: 'Thanks'
Anton Yunk, of Byesville,
Ohio, writes: "I want to thank
President John L. Lewis and·the
UJJIJVA Welfare and Retirement
Fund for -the pension and medical care received while I was
in the hospital. I had a very
bad heart attack three years
ago, and last month I had a
serious operation, and I want
to thank God that I belonged to
Local Union 5tJ97, District 6."

khardson ~

lauds ll.ewos 'ii'es~imony
Joseph E . Holden, of Carni,
Ill., is a loyal mem ber of
UIII WA Loe.a l Union 9939, Dis•
trict 12.
He writes: "I am sure I speak
the sentimen ts of all the members of the UMW A when I say
Fred Smith
John Brown
thank God for President John.
Joint !rlurphy
David Hill
L. L ewis and the UJIIIV Journal.
When the picture above was taken in 1958, the veteran UMWA It was only through the annals
members shown had a total age of 320 years-an average of 80- of the Jou rnal that we were
and all four had belonged to the UMWA for more than 50 years. . able to get the full t exi: of
Since the picture was taken, John Brown was killed in an auto- ' President Lewis' testimony bemobile accident. At the time of his death he was 72 and had fore the House Committee on
been a member of the UMWA for more than 53 years. He had Education and L abor concernalso belonged for six years to the Durham llfiners Association of ing the so-called labor reform
England before emigrating to t~e United States.
bill. The opening statement of
Fred Smith, 79, is a veteran of 63 years of membership in the P resident Lewis was a masterUMWA. He started work as a bellows boy and served in the piece of oratory and logic, and
Anny during the Spanish-American War.
presented t he attitude of memJohn Murphy, 82, has belonged to the UMWA for 51 years
bers of t he UMWA fa iriy and
which he joined after 20 years as a member of the Durh~ squarely to the Committee.''
Miners Association of England.
Holden adds: "I had the •
David Hill is 90 and has belonged to the UMWA for 51 years pleasur e of viewing P r esident
and for 27 years belonged to the Northcumberland Miners Union Lewis on t he television program
in England. In 1946 he was crowned ''King Coal" representing 111eet t he P1·ess. I am sure his
the Illinois coal industry.
'
appearance on this program was
. All four of the old-timers were residents of Southern Illinois inspiring and beneficial to all
and loyal members of UilfWA District 12.
members of organized labor."
Holden joined the UMWA 53
years ago and is s t ill a member
Fate Of A Miner
in good standing, having retired
in December 1950.
When Isaac P. Fulks, safety committee chairman of Local
Union 1098, District 28, Moss No. 2 Mine, Clinc)tfleld Coal Co.,
Dante, Va., testified recently before the Senate labor subcommittee in support of legislation to bring small mines under mandatory Federal safety provisions, he told the Senators:
"~ hauled my brother out of a coal mine after he was killed
by a roof fall, and that rock which fell on him carried many chalk
marks condemning it. These marks -were made by a state in!,pector. If_ we ~ad had Federal laws and Federal inspectors,
I do not think this would have happened. This is just one case
of many ... that I know about, and I have worked in both small
and large mines."
The following poem by Fulks is about his brother's death in
1936:
I used to work in No. 5 coal ...
It was hard to make a livblg in that dark, dark hole.
I worked at this mine, and my four brothers, too,
Until one morning we heard bad news.

It was about my brother who was pulling coalHe was running a motor in that dark, dark hole.
It was in the morning about eight o'clock,
He was killed on that motor by a falling rock.

COAL AUGERS - Support
this mailbox In Lakeland, Fla.
It belongs to a former coal
miner, B. H. Bad~dale, who ls

Isaac

Isaac Richardson, of Lilly
Mount, W. Va., was killed recently in a m ine accident at the
Raleigh ' and Wyomi ng Mine at
Glen Rogers. He was a member of the Church of God and of
UJIIIVA Local Union 600tJ, District 29. He is survived by
his widow, hi s mother, eight
sons, six daughters, three brothers, and four sisters.

Guiliano Retires
Phillip Guiliano, for 30 years
recording secretary of UMWA
Local Union 7499, District 6,
:recently retired.
.
The new recording secretary,
Paul DeAngelo, writes to say
that the following letter was
sent to Guiliano on his retirement: 'We, the officers and
members of Local Union 7499,
UMWA, No. 6 Colliery, accept
your resignation 'but reluctan t ly.' Your 30 or more years of
kind, courteous and ·efficient
service to this Local Union for
which you served proficiently
has not gone unnoticed. In
appreciation, the officers and .
members at the last meeting
gave you a rising vote of thanks
and wish you Godspeed and unlimited success in your new
field of endeavor."

September 1, 10.J

This rock that fell in the dar1c
Was condemned by the inspector with chalk marks,
If he had been told of this dangerous place,
He would have lived longer to fill h1s place.
It was in a section they called 18 Left
Where he made his last ~!,_or his family and self.

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&gt;'-;.:t:a!\~~..:..f.?t ~~ --~ ~~

JAMES R. McKAY-Of Piney
Vlew, W. Va., ls in hls 76th year
and ls a retlied member of
1JMWA Local Union 5821, District 29. He worked In the
mines for more than half u. century and ''knows and appreciates the wonderful things the

�~ptember 1, 1959

k.

William Brasfield

William Brasfield, a retired
member of UWJVA Local U11io11
5832, District 20, died recently
at the age of 69.
At the t im e of his death he
.was r ecordi ng. secretary of his
Local Union a nd a member of
the Graysvill e (Ala .) Baptist
Church, a nd a lso a m ember of
the Ci ty ou ncil of Graysville.
The officer of L ocal Union
5832' have written t he Journal
a · letter , hich says that "he
has been a member of Local
lJn ion 5 32 ever since t he organ ization , as set up in Alabama."

'Woo+edl ~Uil ldl rf o u9~11i'
Anthony Broi II of Seth, V/.
Va., is a 77-year-old, retired
veter an of lhe coal mi nes who
writes that he worked and
fou ght for the Union in the
old days.
He states: " ow we have the
U UI VA strong and healthy.
Let's k eep it t hat way. The
Journal is a welcome visitor
in my home, brings the news
of good thi ngs our Union ,is
accomplishi ng t h r o u g h its
mighty power and the work of
our grea t leader , John L.
Lewis."

Mr.' Bennett
James Bennett, of Oak Creek,
Colo., died recently at the age
of 85. Born in Scotland, he
was a veteran of 64 years in the
coal mini1;1g industry and had
lived in Routt County, Colo., for
45 years. He was a qiember
of UMWA Local Union 6778,
DiBtrict 15.
His family writes "to thank
lhe UAHVA Welfare and Retirement Fu11cl, for the help it
ave durin his life and after

United Mine Worke.rs Journal

a e

. N. Y. Building Owner Learns Hard Way I·

J. Blair Shaffer

Gas Is Expensive, Anthracite .Is The Best ._
___________,

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BACK TO COAL-Relnstalllng anthracite grates under the
furnace holler at 2102 Eighth Avenue, Ne,v York City, are Leon•ard R. Arcuri (left) and William Freedman of the Stokes Coa-1 &amp;
Oil Oo. The owner of the bullcllng, Herbert Strauss, learned the
hnrd way that anthracite . is cheaper and more efficient than
n'.atural gas.

Immediate steps should be taken by the City of New York
to protect investment property owners against improper estimates·
of heating and hot water fuel costs, according to Michael Delaney, executive vice president of Stokes Coal &amp; Oil Co.
"Owners of cold water flats housing ten or more families must
install heat by November 1, 1959," said Delaney. "Since this
represents a sizeable investment, the building owner is entitled to
the protection of accurate estimates before selecting the fuel.
"A recent incident in our company will serve to illustrate my
point,'' he continued. "One of our customers, Herbert Strauss,
owns a building at 2102 Eighth Avenue. The four-story building
houses 13 families and two stores in a 25-foot by 85-foot structure
ex'1)osed only front and rear. Utility company engineers estimated the annual cost for heat and hot water for the 13 families
at approximately $1,300 for an entire year.
"After one year's experience and $1,980 worth of fuel bills,
Strauss called on us to remove the gas burner and install grates
for burning No. 1 buckwheat anthracite," said Delaney.
The building is one of several thousand in New York City
which are called "cold-water flats," Delaney pointed out. This
means there was no central heat in the building prior to the installation of the present heating system'. A building owner is required by law to install the system prior to November 1, 1959.
,The New York State Rent Commission, which controls rents in
New York City, provides the building owner with rent increases
for heat and hot water services. In this manner, building owners
can recover the capital cost of installing the heat and hot water
!;ystem. However, the law does not permit the owner to charge
more rent for a · gas-heated building than one which is heated
by coal.
•
Strauss decided that he would be unlikely to recover the cost
since the high gas bU!s were wiping out his permissible increases.
Facetl with this dilemma, Strauss consulted Stokes Coal &amp; Oil Co.
of N.Y. William Maher of the sales department then worked out
an estimate of the savings which No. 1 buckwheat anthracite
could make.
Maher calculated that 52 tons of No. 1 buckwheat anthracite
per year would provide all 1;3 families wjth heat and hot water.
Based on current fuel prices, this means that anthracite would
do the job for $988, or a saving of $1,0Q0 per year. Divided among
the 13 families it means that heat and hot water would be provided for each family at $76 per year with anthracite, compared
with $152.30 per family per year with gas.
Delaney concluded, "Here is a case of where the heating cost
estimate was 'out of line' and created a real hardship for the
owner. There ls no other way to account for the almost $700
per year difference between actual cost and the estlmnte. But
one thing is sure; it costs less than half ns much to heat with
buckwheat anthracite in New York than it docs with natural

Mrs. J. Blair Shaffer, of Knox
Dale, Pa., has written UiJIWA
President .Tohn L. [.,eicis that
her husband, a miner, passed
away in January 1959 and "is
not here to read the Journal
any longer."
She adds: ''He worked in the
mines close to 50 years, and I
am thankful to you for having
started the UMWA Welfare and
Retirement Fund as I would be
left very badly off had it not
been for the Union . . . P.S. I
also enjoy the Journal and the
recipes are very good and I
use a lot of them.''

Lost Husband, Dad
Mrs. H. A. Stinson, of Home,
Pa, has written the Journal
to say "John L. Lewis certainly
deserved the utmost gratitude
and appreciation, also the
UMWA Welfare and Retirement
Fund to which I greatly express my deepest gratitud:?
and appreciation for the benefits and medical care received
by my late husband, Harry
Stinson, who passed away on
February 19."
Mr. Stinson was a member of
Local Union 599, District 2.
Mrs. Stinson also writes that
her father was killed 50 yea.rs
ago in the Kehrun m·ne explosion which occurred on June
22, 1909. She says, "It is a
tragedy that will li\·e foreyer
in my memory."

I·

Paul P. Basile

~-.-.- · ··- -,
.

.

. l

illr. and tllrs. Basile
Paul Pete Basile of La Belle.
Pa .. for 25 years a member of
Utl/WA Local Union .Ji91, District I, died recently. He w
45 years of age.
Mr. Basile is sur\"i\"cd by hi ·
widow, l\lrs. Jennie Rossini
Basile; a son, J;&gt;aul, J1·., and
a daughter, Rosalie JC'an. a t
home; four brothers nnd three
sisters. He is also sw"\·h·ed
by his father who is a pens ione1·
of the {T.UJJ'..t Welfare and Re-

�Page 22
Marc MacEwen

United LV/i11e T,Vorkers Journal

\UlllfC[W'll
D r\ W lfl!il:~ ~r
REl"IM f rlMH)EO
0

YOU WERE FORCED TO
ATTEND C0MPANY''SAFETY"

I N FOilJlA TION WA..,'-'TI:: D

She asks the J o u r n a l to
"please express by thanks to
John L. Lewis, and the U111JVA
Welfare and Retirement Fund
for the wonderful care they
. gave my father during his illness and long hospitalization,
as well as for his pension which
enabled him to keep his own
home until the death of my
mother a year ago."
She concludes: "We shall always be grateful for the efforts
made on behalf of miners everywhere."

Noah Jlo llie s Us 94
Noah Jon es, ;,i veteran of 72
yea rs of hard work in America's
coa l m ines, celebrated hi s 94th
birthday t his year. He has
been a m ember of U ii! If ,'1 District 14 during a ll of h is mining
career and has spent most o(
his l ife in and around Be\ ier,
Mo.
Early in his life he worked in
Illinois mines, particularly in
t hose around Bra idwood, Ca nton, and Springfi eld, a nd also
has worked in K ansas. His
wife, who died in 1956, had been
m arried to him 67 years at"the
time of h er death. J ones is
now living wit h his son, E rnest,
in Bevier .

First Pension Ch~ck

Radosevich is a member of
Local Union 8051, Distric~ · 12.

Fund Paid Bills
Ira Collins, of Barnesville,
Ga, is a retired member of
UJIIJVA Local Union 6281, District 30, and a veteran of 40
years in the pits.
He writes the Journal "to
e.x press my gratitude to the
UJIJJVA Welfare and Retirement
Fund for the hospital and medical care they provided during
two major operations for my
wife and me which we could not
have had if the UMWA had not
taken care of us."

fund

Massachuse~'is · iwn~ ~

ir !La~~ s
~ @ m@~ i c
Anthracite g ©JM D~M fHi1'b' !r@ir bl'1@ s-G- !Ee @~@ my
The acceptance of modern anthracite equipment for domestic
heating is being demonst rated in ·w orcester , Mass. , where a
130-M Anthratube was installed in a $30,000 custom-built , model
home.
The builder; Alfred A. DeFalco, says he chose the Ant hratube
because "anyone who w ants t he most economical and the most
satisfactory heat can find it in the automatic Anthratube." DeFalco went on to say that he expects to heat the eight-room
house cwith 6.5 tons of anthracite pea coal This includes hot water.
This means that the owner will spend $155 a year for heat and
hot water, which is $90 less than the ne,xt ·1owest priced automatic
fuel at prevailing fuel prices.
Considered over a 20-year period, which is the normal life of
a mortgage, a home owner will save approximately $1,800. This
swn could be applied to a more rapid amortization of the mortgage
or substantial property improvements.
According to DeFalco, the Anthratube is one of the most efficient heating units on the market. By utilizing heat that normally is lost up the stack, operating efficiency has been raised to
86 percent.
Another -advantage of the Anthratube, adds DeFalco, is 6:leanliness. Since the unit operates on an induced draft, air and dust
from the ashes are constantly drawn inwards. A "cyclone separator" performs a double action of absorbing heat and separating
fly ash from flue gases. Fly ash is dropped to the grate, from
where it falls into the ash receptacle which is completely enclosed in the base of the unit.
DeFalco plans to install other Anthratube units in homes
which are now in the planning stage.

Dist. 50 Rep. Andrew Yevcak
SIX-~OLD - John L.
Lewis Delaney ls named for the
Ul\lWA's • President and was
- born OD his birthday, February
12. Ills father, Clarence Dea member of m1WA

V

Tn ro rm nllon wnn lcd concerning t he
wheren bout s o r L nwrence, L uthe r. Cleo
a nd Ru bby Clnuse ; believed to be liv ing
somewhere In the co I fi elds. Ad d ress ,
Cra ig Clnuse, 337 Ro s Ave., Lexington ,
K y.
I nfonnn tlon wa n ted concerni ng \ he
wherea bouts or A . J . or J nck Spnuld !ng; la st heard o r !lvlng In I&lt;erm,t,
W. Vn . Address Albert Go re. Pres. ,
L. u. 9177, Ui\IWA. , Unecdo, \\ . v:i.

trict z.

us."

,rl

Rank And rme.

/VlEE71NGSONYOUROWNTtME

lllarc JllacEwen, a veteran of
54 years in the coal mines, died
recently at his daughter's home
in Youngstown, . 0 hi o . . His
d a u g h t e r , Mrs. Robert H.
O'Neal, writes that her father
was a r e t i re d member of
UJIIJVA Local Union 6411, Dis-

lllr. and lllrs. Joseph Radosevich, of St. David, m, write
to express their appreciation to
President John L. Lewis and
the UJIIWA Welfare and Retirement Fund "for the feeling
of security we felt when his
first pension check arrived."
They continue: ''We would
like to say 'God bless John L.
Lewis' for all he has done for

S eptember 1, l!l;'ru

Andrew J. Yevcak, field representative for U JIIW A District 50,
died recently in the Washington, Pa., Hospital. He was 52.
Born in Lansford, Pa., Mr. Yevcak worked in the anthracite
'mines for 32 years before going to work for District 50 in Buffalo,
N.Y.

l\1rs. Ma rgaret Camba, of R aton , N . Mex., writes ''a few
lines of appreciat ion and t hanks
to the U ill IV A JI' elf are and R e, tirement Fimcl for its help in
taking care of our hospital and
medical bills du ring my recent
stay in the hospital."
Mrs . Comba's husband is a
retired District 15 coal miner
who worked for 45 years in the
coal industry.
•

DONNA LEA LEASE-ls the
daughter of John Lease, District 2 bonrd member, and has
completed her junior year at the
University of Pittsburgh. She
is majoring in chemistry nnd
plans to enter tho ~eld of coal

/

�S~mber 1, 1959 •

Pointed

Page 23

'United Mine Workers Journal

I

Road Hogs

Some sales t alks are like steer horns-a • Awake To Your Dreams
While we had trouble with hogs in the
point here, a point there, and a lot of bull ' - - - - - - - - - - - - - - - - - - - - 1 streets in the old days, they didn't drive
in the mi ddl e.- Circle Arrow Retailer.
Awake, 0 Labor, to your dreams,
automobiles.-Kay Dee in ACI B ulletin.
Awake to yqur powers,
1rhe Aging Process
The strength of your hc).nds,
And They Shall Multiply
W hile none of us is getting any younger, Many hands calloused to the tips of the • The Wall S treet Journal says
subsidy
when you quit getting any older-let's face
fingers,
"fa a time-tested method of making two
it, Buster, you 're dead.
The strength of your shoulders, bruised and~ problems grow where there was one be~
'
- W ynn Gu lden in ACI Bulletin. - black,
fore."
Many shoulders,
Broad to the load.
Civi!iza~ion
Add Daffynitions
Awake, 0 Labor, t o your dreams . . .
Someone once asked the former Prince Sleep not as guards
Dry Dock: A physician on the waterof ·w ales, "\Vhat is your idea of civiliza- Drugged at the gates of your triumphs,
wagon.
tion ?"
•
But watch for false reapers
First l'tfate: The one whose- alimony
"It's a good idea," replied the prince. Who steal into your acres
keeps you broke.
To burn your graio by night,
Intracoastal Waterway: The main reason
"Someone ought to s tart it."
why most southbound amateur yachtsmen
Who break boldly into your groves
To spoil fruits swoll en
don't end up in Ireland.
Oh, Well
With
the
ripeness
of
your
toil.
T he eigh -yea r -old said: "Watch. me,
- Wes ton McDaniel, N ew York, N. Y.
TV Survey
daddy," as he tossed up a ball and swung
at it with a bat. He missed it, so he tried
When the man answered his telephone
There's· Always A Poet
agai n. Anothe1· m iss brought another try
one evening, a woman asked him if he
and a t h ird miss. Then he turned and
had his television set on. He replied that
Bob Howe recalls a piquant episode dursaid : "See wh at a good pitcher I am."
he did, and the caller asked if anyone
ing the First World War at Old Ben No. 8,
then and for many years after one of the else '"'.as in the room. "Yes," he replied,
"my wife is." The surveyor then asked,
biggest producing mines in southern IlEarly Bird
H e arrived at the office early and bleary. linois. There was a huge wartime demand "What are you listening to?" - "My wife,"
"You look all in," ~ said the janitor. for coal, of course, and pressure was on for he answered_.
every possible ton of production.
" 'What's t he trouble? " •
Efforts on the part of management and
"Well , I p layed poker last night and
Doldrums
didn't get home until almost daylight," ex- the mine committee to induce miners to
Things
were
quiet at the police station.
plained t he tired one. "I was just undress- stay at· their working places until quitting One offi~er yawned and complained: "What
time
were
to
no
avail-many
still
finished
ing when my wife woke up and said 'Aren't
a dull week! No burglaries,. no fights, no
you getting up early?' So, rather than start up and went home early. Men and coal murders. If this keeps up, they'll be laying
_
w
ere
hoisted
on
the
same
cage,
and
every
an argument, I pu t on my clothes and came
time the cage brought up a load of men, us off."
down t o the office."
"Don't worry, Murphy," said the chief.
so much coal tonnage was displaced and
"Something's bound to happen. I've still
delayed at the bottom. Finally, the mine
Biographical Note
. superintendent, a man named •Dunne, in got faith in human nature."
An engagingly frank new member • of desperation issued an order that, except in
Congress, Rep. Ken. Bechler (D., W. Va.)
cases of injury . or illi1ess, men would be
Taken From It
in his official biography in the Congres- hoisted only at .12 noon and at 4 o'clock
Old
George
is a Scot and an ex-miner.
sional Directory noted that formerly he when tlie shift ended. Since the Local Union
Not
long
ago,
when I called on him in
served as special assistant to President had an agreement with management that
Glasgow, the conversation turned to the
Truman, adding: "Remained at ithe White miners ready to leave before the end of the
death of one of his cronies.
House under President Eisenhower but was shift would be hoisted at 9:30 in the morn"I'm· told that Harry left $15,000," I refired in April 1953. . . ." On his official . ing and 2 in the afternoon, the superinmarked admiringly.
House of Representatives letterhead the tendent's decree caused a sensation.
'.'That he didn't!" George said.
freshman congressman listed his t:,vo crssist- - Early the next afternoon a loaded car
I expressed surprise.
ants and two staff secretaries with this line reached the surface with this inscription:
"Harry left no money," he went on.
in boldface type underneath : "Plus Any
"I'll have .yo1l know, 1111·. Dllnn e,
"He was taken from it."
Volunteer Hel_p We Can Get."
That with this car my day is don e.
-D. Jll. .Dollald in the Rcado-'s Digest.
If you don't l.ike my worlc or poem,
Yo1t can go to hell, I'm, going home!"
Adams vs. Jefferson?
Democracy
There is another facet to this episode.
We have it on the authority of Ben
The
first-grade
children in a Raleigh,
man
had
been
stationed
in
the
manway
A
Lucien Burman that the Kentucky mounN. C., school were ha,ing a wonderful time
taineers always know in advance (and to find out from each •miner his reason
without any polls) who is going to be elect- for leaving early. Some of the reasons playing with a stray cat. After a while
ed President. How? Why, simply by given were profane, some hwnorous, but one little lad asked the teacher if it was a
which candidate has · the longest name. It most of the men indicated they were going boy cat or a girl cat. Not \\ishing to get
proves out, too: Eisenhower over Steven- home early because they were "all skinned into that particular subject, she said that
son, Truman over Dewey (obviously close), up," meaning they had loaded all their she didn't belie\&gt;e she could tell. "I knowRoosevelt over ·Dewey (as well as over coal and had nothing morC! to do. The how we can find out," said the boy.
"All right," said the teacher, resigning
Willkie, Landon and Hoover), Hoover over legitimate answers were sent up to the suSmith, Coolidge over Davis and Harding perintendent's office where his· secretary herself to the ine\'itablc. "How can w~
•
find out?"
over Cox. When you get back to Wilson compiled a report. This young lady, un"We can Yote," said th~ child.-Sn m
and Hughes, of course, it was terribly close familiar with mining vern:tcular, duly noted
-six letters each.-Gleveland A111ory fa in the report that most of the men were Ragan fo Ralt'igh, N. C., Nt!ll'.&lt;i and Ol1-

a

�Page 24

Sept,ember 1, 1.,C){i9

United Mine Workers Jour~al
•

I

•

Serve Fresh Tomatoes in A ll Manner of Dish~"
By Margaret Moran

~

(;) ,

Add .T omatoes ·To

Tomatoes, red, ripe, and fresh
Meat Stand-;Bys'
from summer vines . . . tomaAdd one cup fresh or canned
toes green for pies, pickles, and
tomatoes to 1 ½ J.&gt;Oi.mds groun'd
other good dishes after the first
meat for a meat loaf with your
frost of fall . . . tomatoes for
favorite seasonings. Us&lt;:- about
\'.
winter and early spring "put
one cup soft bread crumbs as a
up" plain or in juice, catsup,
binder.
I
•
chili sauce, relishes, marmaFor extra fl avor and moistlades. Around the calendar, to,_
ness in ground meat patties,
matoes add their special. note
add ¾ cup fresh tomatoes t o
of bright color, tempting flavor,
one.pound ground beef. Add ½
and vitamin value.
cup uncooked, quick-cooking
Tomatoes are among the most
oats as t he binder. Season. This
imp·o rtant sources of vitamin C.
combination has a "different"
One medium-sized tom.at o
flavor and helps s tretch t he one
(three to a pound) will give
pound of meat t o ser ve six.
you nearly half of your day's
Pour 2½ cups fresh tomato.es
. quota of vitamin C, as well as a
over a pot roast t he last hour
generous amount of vitamin A,..
of cooking. It makes a deTo get most good from toma~
,.,=
licious gravy, especially if a
toes, eat them raw and fresh.
~&lt;:::)
clove of garlic and a l_ittle
But remember they hold a large
thyme are cooked with the
~
· meat.
•
share of their vitamins even
when cooked or canned Ripe
~ j
Tomatoes a re
"must" for
tomatoes keep best in the reSpanish steak. Pour 2½ cups
When are y'ou going to get tliose new shoes?
frigerator, where the cold stops
fresh t o m a t o e s o v e r the
the ripening process.
browned meat and add chopped
Here are some suggestions that you \vill Tomato-Meat Sauce
onion and green pepper. Season with salt
and pepper. Cook until t ender.
•
welcome in planning interesting and attracTwo and ½ cups fresh tomatoes, ½ garlic
tive menus featuring fresh tomatoes.
clove, 1 bay leaf, 3/.~ pound ground beef, ¼
cup chopped onion, ¼ cup minced green 'fomato-Creain Cheese Salad
fried Tomatoes
pepper, 2 tablespoons fat, 2 tablespoons
Peel tomatoes, allowing one for each
Slice 6 •medium-sized ripe and green to- flour, 1 teaspoon sugar, if desired, 1 tea- serving. Pface on. plate, blossom end down.
Cut in quarters, cutting only to within onematoes about % inch thick. Dip in mix- spoon salt, pepper.
Cook together the tomdtoes, garlic, and half inch of bottdm so the sections are
ture of ½ cup fine, dry bread crumbs or
flour, ½ teaspoon salt, and a little pepper. bay l~af-about 20 minutes. Press through not severed. Spread open carefully, using
Cook in a small amount of fat until brown a sieve. Brown the beef, onion, and green the fingers. Fill space between sections
on both sides. If desired, dip tomato in pepper in the fat. Blend in the flour. Add with softened cream cheese to which has
beaten egg, then in flour or bread crumbs sieved tomatoes, sugar, salt and pepper. been added salt to taste and minced green
Cook over low heat, stirring constantly, pepper. Serve on lettuce with mayonnaise,
before cooking. Yield: six servings.
until thickened Serve hot on cooked spa- cooked or French dressing.
ghetti, noodles, or rice.

z4

oO .

.

Spanish Sauce

Beef, Tomato, Cabbage Scallop

Cook 2 tablespoons chopped onion in 2 . Lima Bean-Tom,ato Casserole
tablespoons fat until lightly browned.
Blend in 1 tablespoon flour; Add 2½ cups
Combine 5 to 6 cups co~ked lima beans
fresh tomatoes, ½ cup ·each of chopped with 2 cups thin white sauce and 1 cup
celery and green pepper, 1 tablespoon finely grated cheese. Pour into baking
chopped parsley, 1 teaspoon . salt, and a dish and place quartered tomatoes cut side
little pepper. Cook 15 minutes, stirring down on bean mixture. Bake 111 a moderate
frequently. Serve over meat lbaf, cooked oven about 30 minutes or until tomatoes are
spaghetti, fried or baked fish, cooked cab- tender. Yield: six servings;
bage, or omelet.

Jellied Tomato Salad
Green Tomato Meat Stew

a

One pound ground beef or other lean
meat, 2 tablespoons fat, ¼ cup chopped
onion, 1 cup chopped celery, 2½ cups fresh
-tomatoes, 2 teaspoons salt, pepper, 4 cups
chopped or coarsely shredded cabbage, 1
cup soft bread crumbs.
Brown the meat in fat. Add onion and'
celery; cook five minutes. Acid tomatoes,
salt, and -pepper; bring to boiling. . Place
alternate layers of cabbage and meat mixture in a baking dish. Top with bread
crumbs. Balte in a moderate oven abolit 45
minutes. Yield: six serving!l.

One tablesppon unflavored gelatirt, ¼ cup
One pound beef chuck, cubed, 1 teaspoon cold •water, 2½ cups fresh tomatoes, 1
salt, pepper, 4 , tablespoons flour, 2 table- tablespoon minced onion, ½ smail bay leaf, Green Tomato Pie
spoons fat, ½ onion, chopped, 3¼ cups • ½ teaspoon sugar,. ~ii teaspoon salt, pepper,
water, 3 medium-sized green tomatoes, 2 1 tablespoon lemon juice, ½ cup finely
Six to 8 tneciillin-sized tomatoes, 2 tablecups cubed potatoes, 1½ cups sliced carrots. chopped cucumber, ½ cup finely chopped spoons lemon juice, 1 teaspoon grated lemon
Roll meat in mixture of salt, pepper, and celery.
or orange rind, % • teaspoon salt, ¼ tea~
2 tablespoons of the flour. Brown in the
Soften gelatin in-the water. Cook toma- spoon cinnamon, ¾. cup sugar, 2 table-·
fat. Add onion; cook until lightly broW]1ed.
toes, onion and bay leaf-about 20 min- spoons cornstarch, i tablespoon table fat,
Pour in 2 cups of the water, cover and sim- utes. Press through a ·sieve and measure pastry.
mer about an hour or until meat is almost 1 ¾. cups (if not enough, add boiling water).
Wash, remove stem ends, and slice the
tender.
Add hot, sieved tomatoes to gelatin and tomatoes. Combine with lemo_n juice, lemon
Wash, remove stem ends, and qµarter stir until gelatin is dissolved. Season with or orange rind, salt, and cinnamon. Cook
the tomatoes; add with potatoes, carrots, sugar, salt, pepper, and lemon juice. Chill. 15 minutes, stirring frequently. Mix sugar
and one cup water to the meat. Cover and When gelatin mixture begins to stiffen, acid and cornstarch; add to tomato mixture and
cook until vegetables and meat are tender. cucumber and celery. Mix well, Pour lnto cook until ciear, stirring constantly. Add
Add more water as needed. Blend remain- a mold or pan rinsed in cold water. Chlll fat. Cool slightly, then pour into a nincing 2 tablespoons flour with the ¼ cup until firm. Serve with salad dressing on inch pie plate lined with pastry. Cover with
- -- ........- ·~·- ·'u " ..t.._w and._cook til slig.,...,,~Y.__
• ..::l.:.
et=.:t:.::u:.::c;:.
e_o:::ar:....:o:.:t::;h:::e:.
r ..;s:;:a;;,;;
l a;;.
d..;gr
~ e:.:e:::n::s:..
• ......::Y:.:i::
::el:d::.::_:
si::.:x:_.:.P:;:18
::;;
t?.'. ,!n~1.:_~~ e~ges. Bake in a hot oven

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                    <text>FILE 'NO.

284

VISITORS - United States Bureau of Mines
AUG/46

1- HIRST, Dr. L.L.

US Bureau of· :Mines

2- HARMON, John P.

US Bureau of Mines
OCT/46
Health Division Mining Engineer

3-

BERRYHILL, Henr y L.
BROWN, Donald M.

US Geological Survey

4-

STADNECHENKO, Tacia Miss -

Geologic Division

MAY/49
AUG/5O

&amp; US Geological Survey

�NO.

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�113 NBW CUSTOMHOU&lt;;E
DENVER 2, COLORADO

UNITED STATES
DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY

AUJUO'G 22;1 1950

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\!crn t:.lll-.ey, Ro;::k S!)d�s, Uym:liYli] ._/
I. r.Iv C1:1'J.:dcs., Roe!! Sprlngs, Uyo:Jir.�

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OR1GlNAL ON FIL£
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FILE NO._=-.::__z_
086-1

Apri 1 1, 1949

Mr. Paul Averitt
U. S. Geological Survey
Department of the Interior
Washington 25, D. C.
(cc:

hlr. H. C. Livingstori
Mr. I. M. Charles)

Dear I1r. Averitt:
This wi 11 acknowledge receipt of your letter of
March 28, confinning our verbal understanding of March 9
in Washington, that two men, Mr. Henry L. Berryhill and
Mr. Donald M. Brown are planning tentatively to arrive by
car in Rock Springs Thursday night, May 19.
If you will instruct Messrs. Berryhill and Brovm
to contact Mr. H. C. Livingston, Vice President-Operation,
and Mr. I. M. Charles, Chief Engineer, The Union Pacific
Coal Company, Rock Springs, they will cooperate with these
gentlemen by furnishing any information from the records
of The Union Pacific Coal Company that will be helpful in
making a survey of coal reser ves in Wyoming. Mr. Charles
will also arrange for work space in our engineering office.
Sincerely yours,
/s/ I. N. Bayless
Mr. Livingston - Mr. Charles: Suggest that you gentlemen
cooperate with the representatives of the Geological Survey
in estimating coal reserves in Wyoming, by furnishing them any
infonnation we have. Will appreciate you gentlemen calling
this to my attention for discussion on my next visit to Rock
Springs.
/s/,INB

�UNI TED STATES
DEPARTMENT OF THE INTERIOR
Geological Survey
Washington 25, D. C.
�larch 28, 1949
Mr. I. N. Bayless, President
The Union Pacific Coal Company
1416 Dodge Street
Omaha 2, Nebraska
Dear Mr. Bayless:
Confirming our conversation o f March 9 in ifashington,
I have arranged to send two geologists to 1,7yoming this spring
to gather available coal data from records of mine 02erations,
prospecting a.�d drilling, as part of our program to provide
a new detailed estimate of coal reserves. The two men,
Henry L. Berryhill and Donald M. Brown, both ol' whom a.re
familiar with Wyoming coal geology, �re planning tentatively
to arrive by car in Rock Springs Thursday night, May 19th, ·.
and to call at the Engineer Office of The Union Pacific
Coal Company on the following morning. If this plan should
be inconvenient, I shall be glad to consider an alternative
suggestion.
I greatly appreciate your offer to a llow us to examine
the coal data in your files, and to provide working space in
Rock Springs, and I am sure that with help from you and a
few others we can prepare a much improved estimate of coal
reserves in Wyoming. I have greatly enjoyed our few brief
conversations, and I am sorry that I cannot take advantage
of our Wyoming work to pay you a personal visit.
Sincerely yours,
/s/ Paul Averitt

�NO.

2

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r

October l ll 1946

Hro Ea Ho Deney
Supervising Engineer ., District H
Uo s. Bureau of lli.nes
1600 East Fil·st Sou th 3treet
Salt· Lake City l p Utah
Dear wr o Denny:
i'Je are happy to have your l0tter of date
Septeober 26 p 1946, requesting psrmission for �.!!'. john
P. Harmon, mi.nin� en6inecr of the Health Division of the
Bureau of �.lines D.t Pittsburgh, to visit our proparty and
take pictu ·eso
.,e .:tr~ al.1c,ys happy to have any member of the
Bureau of Mines visit m.u, property and will make available
any of our facilities for their infom..ationo v:e shall
be 6lad to assist ?\'r o Harmon if he ,,-;ill c2ll at this
office upon his arrivtl at Rock Sprinss.
Kindest viishes.
Yours vecy- truly.,

HCL :DAP

�NEC FI :7:7
..,.

�-...___..___

UNITED STATES
I
DEPARTMENT OF THE INTERIOR f
BUREAU OF MINES

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SAFETY

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SALT LAKE CITY, UTAH

AND

September 26, 1946 EHD/fgb

COAL MINE INSPECTION
DIVISIONS

Mr o Ho C. Livingston, Vice President
Union Pacific Coal Company
Rock Springs, Wyoming
Dear Mro Livingston:
John P o Harmon, mining engineer with the Health Division of the Bureau
of Mines at Pittsburgh, has been in Salt Lake City for the past fer1 days in
connection with a Bureau exhibit at the Utah State Fair, and for the purpose
of taking pictures of better mining conditions and practices for use par..
ticularly to dress up Bureau exhibits at ruining conventions, fairs, and the
like� He desires, particularly, to take pictures of good change houses,
company hospitals, club houses, and similar subjects having bearing on safety
and human relations. I recall that your change house at S tansbury is out-.­
standing, and that cerfa:ihly, of course, your old timer's building is a
particular good example of a modern meeting place for employees and officials.
Probably some of your lamp-house installations are outstanding as well as
some of your fan installations. Perhaps it may be possible to secure pie...
tures of your dust control measuresa
I would like to have permission for Mr. Harmon to visit _you and secure
pictur�s along the lines indicated. He is after pictures of outstanding
good practices only. He is taking some pictures around the Arizona copper
mines during the next few days and can be in Rock Springs probably on -the
afternoon of October 10 prepared to secure some pictures on October 11 and on
the 12th should this latter date be convenient�
Very truly yours,

E. H. DENNY
Supervising Engineer District H
cc: D. Harrington
H. H. Schrenk
s. H. Ash
J.P. Harmon
Files

�NO.

1

�Rock Springs - Au�ust 5, 1946
Dr. L. Lo Hirst, U. S. Bureau of 1.l'ines ., nill arive at
Onaha on train No. 22., 8:10 p.ra., �hursday., August B, 1946.
'.'le presumz he plans to call on you Friday a.m., Au�st

9th.

HCL:DAP

Ori,�inal

;5ned

H. C. LIVINGSTON
Par A. L. H.

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�</text>
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amount orodi table to ·tllc ....cal ..:.o-~a.-rc Department u ncl :;_,1 ;O"G!."i c I-i e h t
{: :':'oy•cr Depart!nent until "lior,~1"c1.o t :.:.e ond o:f t h e month

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Rook Springe• Dsoember 1, 1927

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Dr. ~ l lmiro has furnished l!le nith a copy of your let.tar
or t.he 20th inote.nt, nhorei n you pl an to chargo the amusement

hal l and lod13i;1 room et Ha.nne r1Uh

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metered rc.te for po\'Je~ of

I ·ihink you 11ed bet·ter charge a flet r·ate fol"' ·c; 110

'r!'li9 cloeo not ·uollll t,ha·~
uo 1,,0 !1a.·1e ~J.."'eod -~hat hi.o rental inoludo3 p:mo:,-&gt;, i.lt1·~ you should

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Hanna, Wyo .
Mr. George. B. Pryde.
Ur Love advises that he will formally open the
theatre and dance hall on December 17th, with a High School ple.y, and
a dance, both to be under the auspices of the High School Athl etic
~lub. Mr Love will serve the children with ice cream free of charge.
.-He plans to have Whatever speaking is to be done, take place before
the play commences. Will be pleased to have you and your ladies, and
as many more of the officials and their ladies, ae can make it
convenient to be present. Title of' play, : Hail Order Wives:
Will you please advise if this arrangement
is satisfactory to you .

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8TANOARD
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THE UNION PACIFIC COAL COMPANY
IN R llJPLY P L 'IDASID R lDl"F.lR T O

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P r es . &amp; Gen' l. : •,:r.
::oclt 3pr inr:s, ·;;yon ins

:i•Jfer r i n~ to l eas e o!.' :rnj on ?:1ci.fi c t;o~l t; Ort!)'..11(,- to '...'ho1Nl.s Love
cov~rin1:- On'?!'~ Fo 1se :)_t H'llma. .
.:;,-,l o,: f inct i11ve2~t.or:, of r' 1rni t·,ro,
:·b:t1res, etc . as oi' i"a.:: 1, 1921 .
1 - 'Sot _i •• .•• truac '"' ? l:1 ,t cor-. ,lcte
·,;it·1 .'iv·., r·.d.i·~tor:; .
3 - 'L :· ,.. :..'oc 1 i:;:io.bl O$
i

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2 - :::n11t:.·cl 3n.ll :t:.i c1:;: s
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L:!V2-tu:::-;;
l - .::r-.·Ller• !: .i,:w~t or y
l - 1.itchou J i nk
1 - :ri:r.~ ~w. '.,.'~ll,i u.; Ln.c:i1 ine
1 2 - .::l ~~tric Li t;ht r'i:-.t ires
1 - vet Jta.;c de anery
2 - 1: e.1tin..; Jtove s
352 - .:·oldi ng .::hairs
4 - 10 ' Bm:le rs ~:ettees
l - f ' :So~;l ers 3ettee
1 - u' Jm-:lers 3ettee.

Yo:.. rs t mly ,

�tp:
ITA•OAAI&gt;
2-22-20000

SOBJEOT1
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THE UNION PACIFIC COAL COMPANY

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i!r'REP LT PI.,l)ASEI ..f$E1Fl!lR T O

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.k.el1W1oe, \'Jyoud.ll6•
April 18', 1922 •
~. s . Hrooks,
Presiuent &amp; Geter~l ~ru1a 5er ,
Rook Spr ill6S 1 1/yOllUJlt; •

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uear Sir:
1tefer .ring to your letter of April l;:, , 19ii,
,,1 tn reference to i1tveLt ory of property om,ea oy tuis
Co111pur. .y , v:.ll.erein tJler e was saown 2!)1 cuu.irs ir.. tiH3
Picture 1'.uautrtt in 19~1 , anCL 236 for 19ll .

of tuese oi..air s lire stor t-.1 a 'Wl.CLer
JlOUEe

1ii.~

l ito.ve 111!:l.ue

staif;e in t.00 opera

out of oruer , part of tJlen. oeyonu reyuir.

lrlne Superi nt eri.a ent

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U/l~D/IAO
:?•2.2·20000

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THE UNION PACIFIC COAL COMPANY
OFF.ICE OF

IN REPLY PLEASE REFER TO

NO,

l{eliano e, \"iyou1ing .

April 14, 1922.

,..._

llr. t . s. Brooks,
Presio.e.at &amp; General .uru1uger,
Rook Sprin5 s, Hyomi .c.~.

Dear Sir :
Hano. you nerewi t.11 list of fixtures a.nu otnef'
p1•operty in Operu House .duilaing of ·f oe union Pti.oifio
Coal Company, ali Reli anoe, .. yom.ing as inventorieu April .

13tn, 1922.

3- Snow Cases

{ 1 five foot
( 1 six foot
t l ei 6 .ut foot

8 - loe Cream Tao les
24- Cilairs

½- Stools
1- Soa.a ~ountai n
Buffet .
1- Gasoliue Pea.nut noaster
1- hllectrio ~alteu .t.d.lk ....d.xer
1- Cfil'oonizer
1- Hot iiater Percolator
1- Gasoline Chili Stove
1t- Caru '1'a.o les
1- Pool Taole
1a- Billi aru Cues
16- Billiara. .Balls
1- Bowlin6 Alley
1- Set '.Ce.a Pins
1- Set Duok Pi ns
6- .1. en !'in Balls
lo- Duok Pin .dalls
1- co~pensato: ~ Inuuotor
1- Piano &amp; S~ool
236- Opera bouse Chairs
2- Ceilill6 !"ans - 1t .t:slaa.e
2 - ~ull uirrors
( 1-4-U A 60
{ 1-40 .X oO
1-

Yours tL•uly,

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l tp ril 12 th, 1 922 0
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·1ine Eu.y.ierintende n'G 11

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"Re f errinc t o l e2 fJG f r o!"! Un i on Po.cific Coal Conrpany
to Tn.o:n:u:; Love cove ri n5 • Opera IIotu·e a t 1-TuJ.n ria o ]'lease check
the ..i'ollo-r1 ini~ i l'nrentory of f urn i tu:ce, fixtur 0s 11 etc o a s of
D::,y l f.;t 0 1 9~!1 0 a nd a c1v i s e ,.:1hethe:r or not any ch a ng e s ·s houl d

·be H'.::_ae ia t h e 1 :i s t to b e v ritte n i i1 t r1e r ene•;:a l of l e a se
ef :fec t i vG :"ay 1st, 19 22 ~
1 - Hot Ai r Furm.:.ce Pl s::,t com-,lete
;::i1;b. fi'le radio.'i::.OJ:."'S o

2 ... 4 x 8 Pool Tc21,1es
1 ... Cue fie.ck
2 .,. I:$-1).ia rd B2.ll Rn.elm
1 ° \~1ash Roo□ L :_v;;..tory
1 ... Bar1Jer' s L 2.vG~tocy

1 - Ki tc:1c n 8ink
1
Hi a:i:;2.t li a : a lkinc ~7cchine
1

12 - El ectric Lic ht ~i xtureo
1 -

2
352 4 l l -

f::et f&gt;Ga6 e !:'.cene1..y

Heatin:; Stoves
FoldinG Ch~ir£
10 ' Bowlers Eetees
8 1 Bo~lcrc Setce
6 ' Powlers f etteeo

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8TANDARD

f2-2l.. 2O000

SUQJl'l:CT

~enewal of l ease s wi th Thomas~tov~.
THE UNION PACIFIC COAL COMPANY

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IN REPLY PLEASE REFER TO

OE"FICll: 01''

XO,

- . . AUDITOR

2 - 91 1

Rock dprings, Wyo . , Marcia. 25, 1922.
Mr. E. s. Brooks,
President,
Rock dprings , \l yo .,
Dear .:,ir:
Leases with Thomas Love covering oper ation of Opera
and Club Houses at Hanna, Reliance , u upe r ior and rTinton, will
expire Apri l 3 0, 1922.
The present leases do not suecify whether or not
rental based on 871a of the collecti ons at these places i nc ludes
water, but it ha s been my understanding tha t the comrr.ission included water,and no separate charge ha s b een made for it at
Rel iance, \Jinton and cluperi or.

At Hanna, the Company does not

own the water system, and 1ir. Love pays the 1.'Jater Company direct.
If the contracts are to b e renewed, it would be wel l to make
this point clear in the new contracts.
Yours respectfully,

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!fr. Th!:ls. F ost er 0
Ein~ Super _~nte1_1clent,

Reliance ,

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"De a.:.:· Sir:

You r l e t ter 13th i~sta nt, rela tina t~
' b y the
Chairs belongi ng to our Cor-7!"~. ny used

' be
to -put· in ·g !)od c:o;-;clitio::i a ll ch:J,ir s t h.2.t c an

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Yours tru.ly,
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Hanna, Wyo. November 4th, 1927.

Mr Love advisee that he thinks he will be rea(\y
to have the opening night at the new show house on November 17th,

.

and requested me to ask you if there is any special feature you wish
to have on that date, not in the matter of a picture, but a local
..,......~ogramme, and if yourself or any of the officials, will be present
to take part in the opening programme.

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I have yow.· 1(3ttoi' of the 13th i1'ls·h. o.utl:1.11.i.1'lB plans f01.· t.m opening
night- of t,he col1D!Uni·&amp;y build~ng.

I hovo no dos:i.r-.&gt; -to dictate t o

I!.

Ur. Lova

\,hu·t he sh-..111 do in ..,Gh0 ·oa.;7 of haviug :.m cponing, es ·that :ls his job, bu·i might

evoniiig, lllo1JOinl&gt;o~' 19·th, hold:i.nz
off ·~he :tormtl opening un-i;il the euiire build•
..
ing is oomplotod, th0n uhe?l tho 1mildill!';; : s OOJQleted he mieh·1; have a pieturo
sho-:.:i D e-l vb1g on0 shor, ouly O then 10-t the people nalk around "i.he aniix-e building

and see it.

A lit·Uo lo.ie:.~ on ·i;h0y rn:tgM; hnv0 a dunce for Ol'l houir o

\'/hat ! have :!n mind i e -~hi a_; ·that. I do not think ue ohoul&lt;l have O.l!l
op0niug boforo ~\jhv ontiro buildir e; 5. s complot-s, because thero uill be a g_TeaJG

probably bo n:uch bot,tc~ t o hold tho forml opori.:i.ng oi'l un•i;il -~ho nhole building

ti:.· . X.ovo' can eo aheutl nm\ opim h:i.u theutz·e a.0 plu:med on

tiono

Sntuii'day

·.-:o ,iill bo guided ontxroly by ,1hut ur. l:ov0 'l:unto ·io do.

Lot 170 Imo,,;; C:i'.l ~ceip·~ of :1:-his let·~o~ ii' •:1 'G io o·till his deoire to
have hi B f' Oi'!.....ll opoi".ir..:; Oil So:turdo.y uigh&lt;;;o
C,·i ~•; . !~ Sir.......

•.. Ee,:._:. B. f f.YDr

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i'i r. Eugene MoAul :1.fl?e:

1;!hile at fbmm Saim.·duy I inspected the n0v
I

coi.mi:::,m:it.y building o.lon13 ulth i'.lro Lib~J•

It :le a z,em:.i.rkal);I.y

f:i.ne bvJ.!.u:!ng, und t,o uill ha,,e e. building --i;hor0 that nill

!

tho btrl.lding \illl b0 compl eted by ~.. ho l eo·t of iho montbD
and I .am asking !.lx'. Libby t o keep ci'ier thoru.o

I,

The theatre uill be opo!ll O?a Sv3,urdoy, -~he l9'iiho

I\

By th0 0:1'1tl of the month I expect th0 on-c,ix-0 building ,rJ.11

✓

be r00.dyo
• D rigi riaJ S!t.'tHJa ,

GEORGE

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Hanna, Wyo. NovembL "13th, 1927.

Mr. George. B. Pryde,
Was talking to Mr Love this morning regarding
the opening of the Theatre, and ho advi121es that h e will be ready

to

open the theatre ~ith a show on Saturday evening November 19th.
He Will have two s how s, and the f'eature picture will be Mc,Fadd.en F'J.ats,
,--...
'

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there will be a comedy reel, a11d Pathees Weelcly.

The dance hall will not be ready for Saturday night, a.n d 11lr Love
does not think well of the idea of having a dance and show on the
same evening, claiming t~at it will mix things up and neither be a
success. He does not care to have the band out, and t,he programme at
present is that I say a few words before the opening' of each show, and
that you or any of the officials who can be l1ere also rnal{e a few
remarks, and Mr Crank President of The U M ,., of A, also mal{e a few
remarks. The opening dance will be held on Thakagiving Eve, under/4
auspices of the American Legion.
We will be glad to have as many of the orficials and their wives
present on each of the above dates,(Nov 19th, and Nov 24th )

as can

malce it convenient to attend;.
~r Love reels that on account of the :rush
there will be in connection with moving in and getting th~ngs ready
that it will be impossible to arrange ror anrthing more in connection
with the opening night, than the programme outlined above.

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Rock Springs - Septe!aber 6th) 1927.
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Mr. Frank Tellmire:
Your letter 2-1079.

Until tir. Love occupies the

ne\7 building •,,a \·;111 go ahead •and work under the terms of

the old l ease for the present building.

llr. Love hes a

promise that the buildjng ~ill be compl~tetl by October 1st,
so if that is the case , we \"fill malrn t he new l ease· effeer

tive Oc·tober lsJi. instead of September 1st , in the meruri;ime

going aheaci e.e 1,,e have been doing.

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2 - 1079
Ro ck Sprin~s - August 31 , 1 927.

1~ . Geo . B. Pryde :
Agree, ent

\Ji th

Thos. Love , date d

,\.u £'u s t 2, 1927 , covering lease of new amusement hall
e. t Hanna, s9e cifies an annual :-ental of .~3400 oOO, payable in e oua l monthl y i nsta llments ~ eginning on Septembe r 1 st .

,\s the new buildi~g will no t be ready f or

use f o r a couple of months , I presume the rev enue f rom
the !)res ent building s hould be based on the terms of
t he old lea se.

.i 1 ease advise me .

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U~i.:,~: •1 :i.cj ;1.c Cl.)~1 r: o:-n:-"~ ,
:1oc'ic Ppri 11 •·s, "~•ori ,1~; .

jJn pl,· "'.,l c

,.. o ccim» 1~-.J_l' r"""; r,t of

a.:,'ry• r;•,11.:-1t

Cont . ....e1)t. ;~O. 1300:i ··l"t·.. •o.- :•ollr c0rnp:a.,..:1 .:mu M:,•self, covl"ri.l.

l ease or l,\)i'?'r,.iu i ty o 1ild.i ,,~ :!t ~&lt;i.•·1,.:;..
1

'•ry tr.tl~ :-ours,

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Cuss o• Siavtcs

' -' - • i.s a full-rate

Tel• :n or Cablegram uruess its ch aracter i.s indicated by
a symbol in the check
or in the address.

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WESTERN
UNI ON

NCWCOMD CARLTON. l'ftll:81o•NT

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SYMBOLS
awa
Nffll
NI,

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Q.T

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Day Letter
Ni.ht Mcuosc
Nr,ht Letter
Deferred
Cable Letter
Weclc End Lener

J. C. WtLLll'VE"R, ,., • • r v,c• 1'111tC•tOCNr
0

·. s ANDARD TIM.E.

:-U,MN!', '. /YO 1131 A A.JG 2j 1927

THOMAS LOVE
11.55A

�'r~== -~~=::=;;
'
CLASS OF SERVICE

~ Tolognim

:-,..J'IIY Letter
----_·~--i.?1hl Message

,gnt l ottor

If no class of ser.lce 11 doslgnaiad lhe mossnge wlll bo lr.lnsmlttod o.s B full-nito telegram.

~(O)lf)~! 0 Jf
WIE:~if~~lt$J IDJ~ll(O)~ ir~l1~@~&amp;00

Rook Springe - August 22nd, 1927.

Thos . Love ,
!~1G.e., tJyoming.
~r . Dl"O\'.in adviooe J:(;. that tho people f rroo the Amusc:no~:t lb.11 1::.t Superior
l eft for ps.rts unlmo.-m So.turci~y.

6uggoot you got in ·i;ouch ,,1-ih !!!1·. D0an,

~~c- Storo r.!anager thoro.

Goo. B. Prydo.

�August l9th,,,. 1927.

l!r. Thos. Love,

Ranna, 1.'yoming.

Dear Sir:
Hercvd,th, for !'O~r f iles, copy of agreement
Cont. Dept. No. 13003 bet,·.reon our company and yourself,
covering lease of our comounity building at Hanna.

Pleus.e acknonledgo receipt.
Very truly · yours ,

,t;nc.
ab

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Rook Sp~inge - August .16th, 1927 •

'

11r. Fr~k Tallmire :·
He:reY:i-th ag:reerael'lt, Cont . Dept. No. 13003, covering

l ease of our commuuity building at Hanna to 'l'homns Love, iorm

-·.

five years from SeptGL.:ber 1st. 1927 1 rental 03, 4-00.00 per an....

num.

Clertif i er.l copy of z-aeolut i o:a passed by t he Board ox

'l'rustees , August 2nd, 1 9_27. r~:Ui'ying this l Gas0, :ts also

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Omaha - August 12, 1927

Mr. G. B. Pryde:
Here~ith too signatory copies of agreement, Cont. Dept.
No. 13003, covering lease from The Union Pacific Coal Company to Thomas
Love, of property occupied by community building at He.nne, Wyoming, together m.th certified copy of resolution of the Boa.rd of Trusteeo, dat0d
Augnst 2nd, approving same .
Uill you kindly paao the original copy and copy of resolution
to Auditor Tallm1re for filing, banding the duplicate copy to Mr. Love.
I am elso attaching ona file copy of thio agreem3nt.

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■
B (?W L ING A L LEY
-

M O T I ON PICTURES

SOFT DRINKS

QOLTABLES

ROA;) SHOWS

H A NNA OPERA HOUSE

.. .............

AND C L U B ROOM S

9 '. . _ _ _ _ _ _ _

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JUt 80 1921

T HOS. LOVE, MGR.

H A N NA, W YOMING , Ju l y 24tl , 19 2 •

•·-

:.:.r. Gcor f~e '1 . !.'ryc.ic , '!i c e "Pr e s . t.· Gon ' l -·..,-r.
Union P·,c i fic uoal cor:.!)any ,
rock 51)ri~~s , -_;:,•o!:!i:1_;.

Dear i :r . ?ry dc :

I ·,

Vours of t l,c.. ~Otl!. ':1llcrc ho.s tPen 110 0:.:r ;o o.t
EU!)~rior ot hor tr,cn f'rs . -70.ns to.kir- tho !)la"" ove fror "rs .
J onson . ~. Tc ffi o s :::u1d r . -Srown o.ttcnded t o Lh is c;J.ian..;c ? "..S
per :,,our i ::::istructio:ns . '!.'::ir ~~ttc·r \"13.S fir:;t t rl;:e• up ,..1t:1
~•ou , :::.ud. :vou c an be&gt; a s surecl ! s'i-1:?.l l ,.ot :1t tco1,t t o sel l er
t ransfer SJ1!-' l ea se be fo re ta.11:i•..; ti1e rnatt1..•1· ove r vrt th you
a:1d r~cc: ivi"=.., yoilr pcni ssio::::i.

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�July 20th~ 1927.

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2-1079

Rock Spriu@S - July 19 9 1927.

Mr. Geo. B. Pryde:
When one of rey men was in Hanna a
few days ago, Mr. Love told him that he had · sold his interest in the Amusement Hall at Superior.
If such is the case, I presume that
the Company has given the consent to the transfer.

Please

advise to whom we should look for the commission from this
business.

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Hanna., '."yor:tin3 , July 1st, 1927.

t:i·. r.aorca P . !&gt;I"Jde , Vfoc Pre&gt;s. &amp; G"n 'l :'•~r.
Union Pacific Coal Uompo.r!' ,
Rock S:p:rbi.~·s , '?yoriint ·.
D~ 3.r Hr. !&gt;ryd.o :

:rc1c,,i th sie,1~u l caso, t n ciu11lic~tc, coverin~
new Cu.r.!!I!Unity Ru ilai:v; ~~t ::o.:,:1a, as per your l .::?ttc r of Ju,w
23rd, 1927.

�HECEIV ED

,.....,_

0

GENERAL MANAGER

Leases of theatres and amusement hal ls to Thos.'-- - - - - -~
Love.
2 - 107 9

Rock: Springs - June 27, 1927.

Mr . George B o Pryde :
This will ack.nowl edse receipt
of your l otter of Ju.ne 23, 19 27, v~th which you
transmitted original l ea ses coveri nc rent al of Opera
House and other concessi ons at Reliance, Hi nton and

Supe r ioro
For your i nformet ion ~ill advise
that these a greements have been assi gned iJ..Udit nos .
1 639, Reliance, 1 640, 'i7inton, 1 641 , Su1_:) erior.

�.......

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12 "2G-10 000

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THE UNION PACIFIC C OAL COMPANY
OFFtCE OF

- '7inton Store
•••••• ••••••••••"••••••••"•••••

I N RJIIPLY P L U ASE R l:IVJ!:R T O

NO,

•••••••••••••••••••••••••••••• ••••••

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11r. Geo. B. Pryde

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Sttpb. U. P . Coa l Co .

Roc k Spri Jl8's, ':!yo.
\cknou l e dge r : coipt of l ease for r ental
of Ope1·a House unc! Pool P.all a t ·;inton .

St ore

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~EO'-l t1f. {1, PRYDE

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�Doai~ !1r. Pryde:

Ori -;ir..al ~'ld u ,J:&gt;lic'ltC c"&gt;:pic. s of nr;rc~r•cy,t s d 1t~d,
1
U~.y 1st, covori:1~: 1}eli nnco , ···tnton :;..·,tl Sn]'.l"l:'ior , war ·• l eft i ,
~-our office 0.1 "!~:,• 31st for ~Tour si,:--11:&gt;.ture. ':'he thr ee dttpli r"tc
copi os ,..,us mn.il!:d to c.~ 0:1 ,T~o 1st . I h:!"C not seen the
oriei~~~..l coriics since sicnir...; some in :_,our office.
1

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~ours very tr~l y ,

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Tune 21, 1927.

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0ma112 - Ju.ne .21 , 1927

Coal Com.9a:ry ;_me~. 'E.1oci..us Love , cove:'in; -ise of ner: Cor.::.T,lli t:,· ·suilcling

fixt ,1:ces c..·e :::,i;t2.cl~ed to t.1e ·.:,'.:i • ding , i t is not nec ess,?.1·;, ~o inc lun.e

:.. l ~o 1;-u.:.,_ected ~L··t _'rovi s i o':1 ~e ..:-.to.e :or su.bl ettin_g; to fraternal or -

)

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fllOCK ~P'lltlNOs N4T10HAL. 8AHK aUIL.OIHG
IIIOONCI

o,,1c• 018TIUCT COUIIT COMNt•••o N•"

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a TO 10

NOT A"'t' P'UDLIC AND • T CHOOIIAP'Hlfll

T . S . TALIAFERRO. J R.
ATTORNEY-AT-I-AW

ROCK SPRINGS, WYO.

June 6th, 1927

.I

Mr. Ge orge B. Pryde,
Vice Presi C:.ent and General ;.tanager
Union Pc~ci f'i c Coal Co .
City

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Dear Sir ~- Enclosed pl ease f i nd

thr ee le~scs t o Thorn~s Love, approved

as to form anc execution .
Yours t ruly,

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Rools Sp·ringa .. Juno 3rd, 1927 .

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·h erey,iiho r.iomorandum of a.grooment f::i:-om nhich contract boti.700n ouro·olveo a.ml
Thomas Love~ covering the concesoions u·l; Hmma., may be drm-n1 by ·Hr. Boano/

In connectio:r1 r1:l.th the rental of 03 ,400.00, nill oay tho.i; it i."/013
•

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urr:l.ved ,i t by r.:r. 'rollmir0 and my~elf on t he .follor1ine busio:

!tcvonue:
ilr. Lovoeo av0roge pa.yraents for the
4 yoa1' period ending Docembor 3lot,

I

1926

02 ,500.00
900.,00

Neu Lodu0 RBrr'c ul - annually

Toto.l !tqvonuo

Oo4oo. o·o

Estublishotl co2t of buildin3 - annually :

Depl"eciui; ion
In~ ura.vic o
:lopairs
Ta:too

Licht
Inte,..ost o.t 3~

Totnl

01 .000 .00
300.00
400.00
il00.00
400.00

--2~
C:3,400.00

Cost of building
03,400.00 + 12 = (:283.33 - monthl y rental.

t&gt;rl1,inal Slgnedt

f'!

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G!:.OHGE B, PUYDi•
ab

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\.,3, 400 .oo

·rs

�Rook Sprincs - .Juno 2nd, 1927 .

..,

Ur. iu;;one Ucnuliffo:
Youro of Lny 3lot.

:r Yrlll endea.vor to got tho

r.interial fo r 1:r . Love' o contI'nct i;o you to1,10rrou. • Have
ho.cl conoidoro.blo diffic ult y in 5e·~tin~ o.n intorvicu \'lith

him as ho ho.s been on a. trip purchaeinr_; equipmon·t for t ho
non buildin~.

He oarno in yootordo.y, ho,1ovor, and I bcliovo

uo ho.vo c otton tho mo.tto1· s ·~rai3htoned out .

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Beginning at a point from \"Jhich the southeast i,rly

corner of builaing located on Front Street on Lots Ten
(10 ) a.ncl Eleven (11), Bloc le One (l) Town of Hanna bee.r s
~e~terly parallel to south line of Block One (1) a distance
of sixty- f i•,e (65 ) f e1;;t o.nd soutnerly 9arallel to og.st line
of Block 0ne (1) u distance of forty-oeven (47) f eet ; thence
nor t'1orly parallel to eu::;t lino Block One (1) a distance of
one hundrod t ,,erity-cight (128) feet ; thence at ribht angles
easterly a distance of eigi1ty- three ( 83) f eet ; t:nence at
right angles southerly a distanco of one riundred t•t:enty-cight
(128) fe ... t; t hence at rif:,ht angles \":estcrly a distance of'
eir;i'1ty- thre e (83 ) feGt to t he poi11t of ber;inning, contain ing
t-:·o hum.red forty- four thousandths ( . 244) ucre.:; , iaore or less.

~ngi ne ~rin6 Dept.
June 2nd , 1927.

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Ro ck $priubo - . Juno l, 1 927 ,

T, s . Tali ~fbrro, Jr.,

~'iyo.i,ing , runi.in0

.,

0 111;

yeiir fro:i __uy l , 192'1 ·

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�BECE IVED
JUN 2 - 1r,'"'
~-· rn,\L r::.l!i'.G'" :

Omaha - May 31, 1927

Ur . C. . 13 . Fr :,rde :

Do not for..,et to

lvc ::.~ t:.e outline of the cont r a ct to

be uade ,-,H h i~r . Love 1·e.':'.,N'Uin.:.. t ::.e :fr-nna the t~t r e c.sked fo r :,:ay 13th.

�Y.'y omin~ , r.1a :i1 28th , 1927 .

l'/r . Ge ori::('e .B . Prya.o , Vi cc - 1'&gt;.re s . &amp; Genl. ::;;-~r .
Un i on Pa c ifi c Coal r:orri:ria11y ,
Rock Spr i ngs 9 ,.,:yomi nc.

r

Fully i n t c&gt;nded t o co.r.10 t o n ock Gp:: i ncs upon
r e ce i p t of you r l 0t ter rclatiV•:) t o New .!l..tttnsemcmt r1al l o.t
:!a.."'llla 9 but was c11llcd amay . I al so arr ane;ed t o l Aave !'lero
earl y thi s morni ni:; but Li one l ,.,as del ayed on. a t rip t o
Enc a.'!lpmcn t a.ml d i d not c.rri 'l;C ~a~ma unt i l noon t oday , I was
expe c tine h i •n home l a st cve:nin~. ':'ill be in Rock S:!_1ri11.:-;s
Tuesday mo:rni :n!:; .
1cry ti."Ul y yours 9

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f!o.y 26t h , l92'l.

r:r. Thos ~ L ove,,
Hanne, \:yocinr; .

I,

IJee.r Sir:

I!o.y I not h:1.ve a.11 ar.~,:or ·~o ny letter of
!:Uy 16th m.t h r cr;::-..rd to the p:-opa.rc.tion of o. loru.ic
I

on tho now l\ouncncnt Ea.11 nt Hemm,.•
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t.ny 1 6th,_ 1927 •
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Ur. Thos . Love,
Hunna., \:yc:::bg.

:C- ·,7iGh, a.t your very oe.rliest crnnveniencc, you nould
g:i.vc lc.!0 i ni' on:m.t i on Cl'! tfhich ne cun pi:..epnre R loe.oc or1 tho mm
/unuze:nont Iic.11 a.t Hanna, li~ting any ?urn5-turc belo:1cing to uo
thn·~ tlill eo in-to ·~ho' ne'.7 building.

'fhink VG should also onte.blish co1·tuiri rules ""by nll.ich.
each of us should ho g,ovorn cd "md you rfr1o uld include tho p1.. ic0
ue ,rill cho.i•go for -;:m.ter emu light, light ·!;o be sold on u. not or
\)rt:;ia.

:'.n ·c.-t·~::.chi11::;, hore-Gith, copy of letter nrition to J,ir .
J.~cAuliffe (;il ~'cb:·v..:i.ry 23l"d, ilhich shm,s thnt &lt;;;O t:t,1..cctl tho i:'G:.TG'"
LU \WUld be .JG0 . 00 p0r mo1,th. Of com.·oo, cvo.1.....1'Ghi11c; ou~side
of "Ghio chculd be charc;ocl for at a corlt~in ro:te c.ntl otipula.tocl
in tl1o cmrtraet,.
You ,::111 proba.bly rcciµ.l t:m co11v0rso.tion t.&lt;o had roGm:·di nG ·;;he clonin5 of ·i;hc hall on d.ru1co ni gh·~o.
\

\~ill you plea.so GO, OVCi' ·i;hc. situ.:rtio11 i\1lly Q.11.d lot me
huvo tM.o i:1for:-ja.t ion a::; !Jr. Ueti.uli ffe dc::;iros it for -~110 prop-

cu~~tion of the lecao.

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Very tt"'Uly :,ot:1"!l,

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Hock SprlflGG .. !"o.y 12th, J.')27.

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Youro of 1:0.y 11th, rG3artli11,; ·lihO vncu.t:i.11_; oi' the ,'.n ~o-

i •G \';ill not i.)c cloocd U ~) e..f·::. cr ~.;ho pro:.;mr;; e,ccu):1t1;;u lo:1.vc .

Oriir\or.l S ir,ocd:

GEORGE B, PRYDE

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/ G£NEP.Al AMri~ _ _/
Rock Springs. - May 11, 1 92.70

liro Georg e Bo Prydeg

was i n Superior and in t a l k ing with fu o Dea n
reg arding the .Amusement H2. ll, found the,t

l eft tozm to look for ernployrnento

Ti"y, •

J ensen has

ilrs Jensen i s conducting

the business until such time as he finds someth ing to do,
they i.7ill close a.bout the i 'irst of next month, did not say

anything to hero
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Rock Spd11ga ... Hay %h, 1 92'/1

\

Ur. 1~. n. .Yofforio :

!

029 . 20 for· tho podod., uhich i:::; only a.bout 0Y16-thirc.1 n~ much
.ns tl1rit from llol i.m1co, e. muCh 011.nl lo~ cnL1p .

'l'hil'1k \iO ohot:ld to.1::o d.pfinitc ~ctiori i.c o:lth0!'

ho.vo J.;;.,,. Love -'ucl:o over M10 anunement hc.11 O!' Give cono:1.der-

at ion to your tnkinrs. i-t ever yourself .

o.h

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Rook 'iprin~u •·

f~y 6-th , 1 927 •

.,I

tir. Bu.gone i.'.cAulif±'e:

Ur. Lovq.
r..:r. Libbyvu plru!6 are t~bov.t conplotcd r.md he ohoulcJ. be

• oxpodito ·thi a u.:n·!t ::tll poooiblc 00 thQt tho job !:1:!.f'.lrt bo c~H:rplotod dur-i;.1~

·tho period o:l c.;ood uoathor.

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,·

Rock ·springs - April 10th, 1 927 •

I

~r . Thos . Foot c c:

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Your- l&lt;Jt tl'lL' \ a rch ~6t h r ~lat i ve t o invcmtory

Lo vti .
Pl ~ua e orocr t.\';enty- f ivc colla~.&gt;sible ~h .:.irs
~

.

to r epLi c e t uo:3;;; d 0;3ti:·0 1 .;;d .

I'n(; n &lt;,Pu at,;r 0u:::o:;,11~ •. ;ill

cal.1. for 22 u cnai.cs ,. bst ea•l o { 210 '1S l ust '/ G.:J.r.

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..:r. Tho: . 10' Lovo,
Hanna,
\';yo:;lillt, .

A:.. enclo.;ing he.rd1tith u renewal of your Con-

tracts .::ovcrint con.;e :;sion s

·1 ,inton. oue y-,,ar fro!..

l"t

3 u.l,)crior, ~uli.mcc ano

ay ls ~, 192'/ . . fll)t!.13e sign !ill

coplea and h.He your oi t,n,a.turu ,.irn ..ooed , rc~urnint,

I

all onclOSl..r'~S pro::1ptly •
Very tr~ly your~,

fp ..

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Omaha - February 11, 1927.
Mro G. B. Pryde:
Youi~s 9th on proposed building at Hanna :
not
I thoroughly agree with you that we should/s et up
entertainments for I.Ir. Love to contend with .

Further than that ,

if they b~came disorde1~1y vie would have to quarrel with the
organization, vvhether it nas the Hi ne ·.r: orkers, K. K. K., etc. ,
instead of an i ndividual.
I am not quite sure that I like the idea of leasing
ground for Ur. Love to build.

~"lhy would it not be better to

perhaps expand our building so as to furnish an upstairs lodge
room, with club room.s underneath and a dance hall adjoining ,
l easing the v,hole building to L:r . Love for a sum equivalent
to cost of capital, t axes, i nsurance and maint enance , plus a
c}~a...J

small ~argin to coverAobsolescence, the maintenance agreement
to be worked out on the principle that repairs ne cessary to
the ,·rel fare and upkeep of the property, such as exterior paint,
roof , heating appa ratus, water, etc., would be discretionary
r1i th the ovmer; additional repairs, such as interior decoration
and changes to be discretionary with the l es see .
Thts would be cheaper from the standpoint of janitor
service, heating and lighting, etc., and it would leave us in
control.

Llr . Love could then sublease the lodge room to the

lodge on the basis agreed to by him, independent of us, that
rqom to be held for exclusive l odge services .

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ThiiiJ&lt;.,this over carefully and talk to Ur. Love about
it.

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l'h"o Bur.;cno· i1clluliff c:

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i"!••! ·i n Qi S 1!?tl~d:

.. -u·::E [I, Pf!YOE

�Rock Spri11gs - Junu.ary 24·th, 1927.
,/

l.-um ot:i.11 di ssat isf i ed wi t h tho LJh'.J\·;i ng ioado

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the amounts puid to thi:3 '.;01:ur:uni ty -.JoundlB dw·ing the mo nth
ot Decor.1iJer, 1926:

,;19. '!5
3.5.16
b.46
29.90

Reli ci?ll! e
·,Hnton
S:.1~ er ior
.,Hunna

I

l

You uill noto thtrt -~he timount frou 5uperior

I
I

io pr1:1c"i:.icully nogligiblo .

01•i!l"m-"l Si~ed:

GEORGE 8. PrYnf

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�KTANDARO

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l'Jish you. Tiou.1d conf iden'c.ially il'lveeri;ig&amp;te

the .Amusement Hall at Snpe1"i0:? ~ see i f we cc,n f:1.l'!c.l out 110,1 much

-~hc.t i.'.'C shoul d c;et more tha.n \'JO are at the presc:mt t:l.me o

Pimi out if they a::}e s t~yii15 open and 2.ttemii11g to

rr.y be only c:i; t!lat time, 1 heve gone in o.t, d:.::':':'erent times during
the &lt;lay ~ml ·Ghcy o.lnays c;ive the vrope:!: Gc:rvicco
Do not sey any·e,hing to anyone about this O I?l..e.ke

you~ investi0 o.tions and r~port to neo
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nock Sprin6 s - ,Te.nuary 15th, 1927 •

Subject :

Amus ement Hall , Superior , V!yoming .

,.

I.Ir. Geo . B. Pryde :
I return , hcrev:ith, file tenninatinr; ,·1ith Superintendent Geo.
Bro,m ' s l ette1~ address ed to r.10 under c.e:.te of J anuar y 1£'..th , 1927 .
You r.rill note that the only work remaininG to be done is the
pa inting of the basement .

This has been e.rranged for and should be com-

pleted by the night of Janue.ry 15th .
I believe i'r . BroY,n' s recor.1!!lend2.tion of o. flat rate to be eoocl
econo.c.y .

Undc::- the existin[:; conditions , I reallr think that v,e ,·,ould

de better to si.l.1ply turn the bu-il C:i n~ over to the Store Dep::n-tt~ent , al l o,·:-

inc ti1eu to operate a co11fectionery, keeping open c.fter the ntore has
cloE-:d i11 t~1e. r.::l11ne;: , for e;~e&gt;.n::1 le , that is used by the Sp rin:::; Canyo n Coal
CoJ.:pany at S!)rin:: Canyon , ut eJ1 .

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GTANOAflO
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KE CEIV£D I

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JAN 1 f5 1927
&lt;;HIERAL MANAGER

Superior - Januar y 14, 1 927.

Mr. A.

w. Di cki nson:
Relative to the Amusement Hall a.t Superior ,

we f ixed up an extra room on tho ground f l oor and painte d
this part of the building , also buil t and put i n an ice
container for fountain . we als o repaired the ceilinB in
the ba,sement. I was under the impression tho.t I!ir . ward
has- painted the basement but found he had not don e so.
The above work cost us somewhere near two hundred dollars
for material and l abor.· I also understobd from a r. Love's
sta tement nhen he was here sometiBe ago tha t they did n ot
i n tend to use the b owling a lley. The basement w~ll be f i xed
up uithout delay.
Instead of working t his pl ace on a percentage basi s
I would suggest putting same on a f l ~t rate, sny of f orty
dol l ars per month , same to i ncl ude li ghts and YIU. t er .
I may a l so add that in s o far as keeping t he basement
cl ean i t TTill be i mpossi ble with the f·.irnace l ocated on thi s
f loor .

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Junuury 7th, 1~27o

Lt~. '.l.'ho!; . Love,
Hanna, ;,:'yom..ing.
Deur !k. Love:

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o.□ puss ing; your

l etter or t l1e 4.t,h insiunt,

arran,;o t o s00 that ti10 Ar:iui:&gt;&lt;3ment Hal l t:1t Su.porior i s fixed

ueon doi'10, a s l.!r. ilrorm nus uskod soraatime ago to put tho
bacement in good s nape.

Orifrln~I Sip.-rJ~d:

GEORG£ B. PRYDE

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8TANOAA0
,... «•20•:Z.0000

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8'fANoAA0

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Rock Springs - January 7th, 1927.

Mr. A. W. Dickinson:

Herewith correspondence regurding the Amusement Hall at
Superior.
,.......

Wisn you would take this matter up with Ur. Brown some time

in t be near future when you are out there.

Am very much surprised t ha.t

the b asement has not been fixed up as you will recall Mr, Brown was instructed to do this sollle t ime ago.

Wish you would ask him to see that

the basement is cleaned, painted, etc.

Thereafter we \'/ill place the

responsibility of keeping it in shape upon those who are in charge of
the building.
fun not satisfied uith the people who are out there now.

•r oey live in the building, do not pay rent, and the living facilities
we are donating tothera, including \'later, lights, etc., leaves us very
little actual revenue from the Amusement Hall proper.
Please return correspondence to me so that I may again
take the matter up &lt;1ith I.Ir. Lo: }

i \

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Hanna, Wyoming, J an. 4th , 1927 !

Mr o Goorgo B. Pryde, Yi ce Pres . re Gon'l ;~r.
Union Paci fi c Coal Company,
Roel~ Spri ngs, Wyomincr.
De a.r 1.lr . .?ryde :

~7roto SU.pcri or day you were har e and 011cl os0d l et t er
is in r epl y t o mino. Fully i ntended to como t o Rock Spri ngs right
following- Christmas hol i days and do what ever you should wi sh on t his
matter. However, since th0 fire a.t Hanna Opera Houso have boon
una.bl e to give this at tention, but will do so soon es possibl co
Last weelc was i n Larami0 9 Cheyenne , Fort Collins and
Denver tryi ng t o l ocat e suitabl e equi pment t o u se in Fir s t Aid
Hall for pi ct ure show, but coul d not find anythin~ sui tabl e e i ther
a s to price or quality. Havo come to the concl usi on it will be be st
t o purchase new up-to-dat e pi cture mo.chi no s and other equipment f or
oper ating room and uso i n First Ai d Hnll, and this equipment can be
moved t o n0'v buil di ng when compl et ed. ~ill l eave for Denver t omor row
, and pl ace order for entire and compl et e new o~uipmont for pi cture
sho\7. I f I can get q,ui ck deliver y should have pi cture show i n
operation consid.erabl o b0Soro end of present month - Tiill rush a ll
poss i bl eo
Yours trul y,

I

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�Lease with 'fhomas Love cov eri~a,~r ation of opera and club Houses~~=

1JoBJ1~or.

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THE UNION P AC IF IC COAL COMPANY
XN JlllU'LY pJ:,JllAB]ll IUJIJ'Elt TO

Orl!'J:OE 01&lt;'

AUDIT OR

NO,

2 - 911

Rock Spr ings, Wyo ., December 12, 1921
Mr. E. s . Bro.oks,
President,
Ro ck Springs , w~,o . ,

Dear S ir:
Referring to your lett er of October 26, relative to
th e division of r ev enue between the I.line Department and the Store
Department, covering the operation of Opera House at '!:1inton Mines:
At the time I wrote you r e lative to the oper a tion of tbe
Hinton Oper a House, the revenue collected from ii.tr. Love was very
sma ll, there for e , I s ugges ted that {;10.00 or ~;15 .00 per month of
the total r evenue each month be credited to the Store.

Since

that time t he revenues have ire re ased very gr eatly and it would
not seem proper to continue crediting only (,15.00 per month to
Store revenue.

':Ii th you:r approval, I wil l now arrange to put

Winton Opera House on the same basis as the Oper a Houses at the
other camps, that is to say, $ '75.00 pe?' month of the total re venue collected wil l be credited to V!inton Store.
Kindly adviSe whether or not t his meets with yo ur
approval .
Yours respectfully,

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�SUB,'tJ~C'i': (D ivision of Revenue fro J/l Love contra.ct, n i nton)
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Octob er 25th, 1U21.

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�8TAN04RD
1•21• 10000

• Leas e With Thos. Love cov ering Opertr1 Yrouse at ·:;inton

OFF'XCii: OF

rN REPLY PLEASE REFER TO

2- 911

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? r e sident &amp; Ge neral i.u.nuger ,
n oc1e 3in·in6s , ./yo .

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Dear Di r :
On 3ept. 17th I ,•1rote you r e l at i ve t o lease of Oper a House
a t ·.1i n ton, .Tyoming, by 'J.'ho1JJas l ove and r equested t1m'li you advise 1:te
r1he t her you ,,oul d appr ove t i1e credi t i ng of ~)10. 00 or .,,;15 . 00 per month
from c omI!lissi on r e ce ived fr om t he p icture show bus i ne ss to " Store Earni ngs " .

On Octobe r 18 t h I re ce ived fr om you t he or i ~i nal l eas e to ~horoas

I ove of O!&gt;ei·a :iouse refe1·r ecl. to, I d o not f i nd , ho,1ev cr , t hat I nave
l'ldC\'..l ived a r-~:::,ly to rrry l e tter relative to cred i t ing of tlle Store Earnin&lt;ss
,·1i th part of the revenue fr om t his busine ss.

:.s tne r:iattor no-.·1 stands t he i..i ue Jepar t r::ont has r e ceived
entire creu.i t f or t he inontns of July. ,~ugus t [.,Hl .3eptember, t :i1e Store
r e ce i v ing uothine;.

I would l il&lt;C very rr.uch t o have au justr.10u t r:iad.e in

t i1e Oc tober accounts a.i1d re,1uest that you g ive your app roval to the method

of i1andling outl i ned a bove or ad.vise if you n ish t~1c l:3ntire handling of
t his business to be talcen over by tne :..i ue Department, thus putting i t
ou a d i fferet1t bas is from s i milar bu.si uoss at uther camps .
Yc&gt;nrs trul y,

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�Oct. 22th, 1921 0

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�Octo 11th, 1 921 o

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·fours truly p

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�Oct. 11th, 1921 ..
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rr. 'i'hom· _9 Love,

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T, S , TALIAf' ERRO JR,
/"°', LT -

O FF ICE DISTRICT COURT CO MMI SSION ER

A , MUIR

NOTARY f'!UBLIC AND STE NOC&gt;RAPHER

T .

S. TALIAFERRO. JR. AND WALTER A . MUIR
ATTORNEYS-AT-LAW
ROOMS !1•10 ROCK SPRINGS NATIONAL BANK BUILD ING

ROCK SPRINGS . WYOMING

Oct . 8th , 1921

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Love ( of Ifo.nna) cover:tnc the opsra tioti 'or OUT 011era

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1.J"On111 z1on

SUB JEOT,

Lea se With mh
:.i: as . Love cover ing Opera House at

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rN R EPL Y PLEA S E

OE'lnOE OF

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Cheyenne, 1/yoming, September 17 , 1921 .

1~. E. s. Brooks,
P r e s i d e n t,
Rock Springs, ·:1yomi ng.

Dear Sir:
Refer ring to your letter of August 11th advis ing that cont ract
was bein~ prepared t o cover lease of Opera House t o Thos Love on the same
basis that our Opera Houses a t Hanna, Rel i ance and Superior a r c l eased:
1.ir . Love i s accept i ne our mer chandise coupons for admissions t o
the thea tre and t he s t ore a t r/inton is exchanging them f or cash.

It is

my understanding, al so, that t he s tor e reads tne r e~iste r s , or otherwise
che cks t he amount taken i n by tir . Love at the t heatre and handles t he s~i
commission accruing to t he company.

I do not think the store is getting any part of' t he revenue
from this commission but think it s hould r e ceive .,;;10.00 t o (?15.00 a
month for the trouble the St orekeeper and Cashier are put to in handling
this matter.

~he commissi on for Jul y amounted to approximately ~36.00

and for August ~34.00.
Until thi s business devel ops, will you please advise nhether
you wo~l d appr ove of crediting ~10. 00 or ijJ.5. 00 from tho commission
r eceived f r om the pi ctur e show business to "Store Earnings . "

The bal -

ance to be applied as ren t f or t he bui l di ng.
Your s respect fu l ly,

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The P ool H~ll 11..:1c Cpe:re, Hcuoc have e
fu:;_•n-:.cc of t h eir c·.;n 2.11(~ i t 11:L.'.:;l ,·~ be ;70 J. l for ~/ OU to
sec 'Gb.~ t ~r a ten of' t he 1,,:c0ycr size c,:re oTcJ.c recl. for
thi o f u1·na ce n..11c. t ho :Bt.mS(._\lo·.: fu.x·n:.,,c c r-.nd .:;ur.;-:c ni
to 'ahc l ooks o.fte:r- thi o fttr11.-:,, ce th;:-, t t hey k e 0p the
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�THE UNION PACIFIC COAL COMPANY
OEO'RGl;) ll, l/'HYnE,
cn:,,r1; 1c.r.1.. KUr1a,1N"t'l~hllN"T

0ttifriE;lNtti,F,-W-'\."c,::-

R 0CK Sl'HI~GS, WYO.

Sept . 7, 1921 .

Hr. E.

s. Brooks,

B u i

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Dea.r Sir :

Referring to the attached ;
As Tie are only interested in the
sleeping room in the bungalocr, I would su -gest
th . . . t '.:e run a pipe from the bee.tine plr-nt of
the office and put ·a radie.tor in this r oom to
keey it 1::arm .

There is no ree.son uhy the

bunsaloti ca n not be kept \7e.rm ,;7i th the hot air
furn~ce that is in there if the furna ce is kept
clean end properly looked after.

If the e rate

is too s::1all a ne\; one should be ordere d and
:i.fcPhee eiven instructions that the furnace be
kept clean so as to prevent the burning out of
Grates so frequently.
'rilin.k it i7culd be r:-e l l to veneer
the Opera Hou ~e floor a s the present floor is
poor for dancing .

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THE UNION PACIFIC COAL COMPANY
Oll'FIOm O V'

J:N IU!!P'LY PL'lllA.91!1 Jll'lD'J-:R TO

NO,

l~elianoe, \'/yomi n5 .
August ~9 , 1921.

.wr. ~ - s. Drooks,
Presiuent ~ Gen ' l. J:J.gr •
.Kook Spri[l&amp;s, \/yo1ciA6•
Dear Sir:
H.uve your l ,dt ter witn rtif'ero;:1nce to c.ae floor anu
neati.ng p 1.uni; in tne rlw15alow• .1'. nere is a not 1:1.ir fflr!lace ir1

·I

tlle dungu.lovJ u.t present, out t,ley cannot neat tne pool room

from it,&amp;$ it is looa&amp;eu in line oas&amp;nent. As tor the grates
we put i n ne1:; onei:; last April, out tlley OUJ/le f ro:u Superior
1t·ounary una uo not fit, a s t hey are &amp;oo small. l tnin.k it
\'l oula oe a goou iuea to 11eat the .tiungalow froin tne sume
furnace that ·. 1e ,lea t the $tore ana ll11n.e Office from. We have
a steaiu heating plant oehi na the ili ne Office, ana oy aaaing
some more sections to thi s furnaoe anu luying pipe to the
.i;ungalol'I ana. .aeat it in tois man.oar v,oulu give more satisfaction.
~here is a ooID!Jlon fir floor i n tae opera house
a.AU

it is not very 6 000. f~r ·a.anoill6• 1f tuere was a muple

f _loor put in the operc1 nouse ana. oovereu with oauvas Vlhen 1 t
,vas being usev. for other purposes tllan uanoi~ 1 ti11nk it
woulo. give satisfuotion.

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6TANOARO
11•20·~0000

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T HE UNION PACIFIC COAL COMPA NY
OFE'IOE O'P
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'N inton, Wyoming o

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August 25, 1921 o

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Mr. E . S. Brooks,Pr~s . &amp; Gtn. hlgr. ,
Union Pacific Coal Co.,
Roc k Spri ngs, Wyo.
Dear Sir:
Replying t o your letter of August
20th relative to pool hall : - I r ather thiruc
it would be t o t he int erest of the company
a nd people of the camp t o add to and arrange
the pool hall so t hat all ca rd playing would
be in pla in view and a l so have a compartment
where t hose not interested in pool or cards couJ. d
spend some of t he i r t i me . This su~ge st ion is
worth a lot of consideration
3egarding t he Opera House : It now
has a very good har dwood floor, the only thing
wrong with it is that it is v er y dirty, and if
kept cl ean woul d make a good fl oor to dance
on. A ne w f l oor woul d not improve matters
i t is just a question of kee ping it clean .
Perhaps we shoul d g ive t he walls and ceiling
a good coat of cal somine , this would improve
its appearance .
9

Very trul y yo~rs,

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'TA BLES

MOTION PICTURES

SOFT DRINKS
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HANNA OPERA HOUSE • t\UG2 ,) ,.
AND CLUB ROOM S
T HOS. LOVE, M GR.
HANNA , WYOMING,

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G[ ,J£(1.! 1 ,Ml/,,!-'.11

Augu s t 22nd, 1 921 ~

Dea r Sir, .,,

Y~urs of Auc3ust 12th relative to theatre and
dance hall at "./in ton y
·.nth y 1u'.!' permissi-,n nill lease
theatre arrtd po-,1 · hall at ".'iint on and I)tty 0% of gr-,::,s

Have ~un the t heatre s i nce J uly lst

0

and_ sj{, ':)f gross r e ceipts f-:&gt;r the mo:1th of July was paid
t ::i .:.!ine Department o
'Ji th y~ur pe!"'oissi ..,n vli l l b e ready

to take over p 1?l hall S~pt o 1st .

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receipts f~r s a::1e o

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THE UNION PACIFIC COAL C O MPANY

OFFICI; OP

Winton,

Wyoming.

August 16 , 1921 .

Mr. E . S. Broolcs . Pres . &amp; Gan . 1.:Br•,

Uni-on Pacific Coal Comuany ,
Rock SI)ri ngs , Wyomin~ .
De·a.r Sir:

Refer ring to your lett e r of August
12th r elat ive to pcil.l hall.
The i.iege a th : oal Com ; any did not
have anything t o do wi th the lett ing of the

pool hall only to t he ex tent of turning it
over to the oint on Tr ading Company at a . rent
of ~;15. 00 per month . The ~/inton ~rad.ing Co. ,
tben subl et i t to whoeve r they wanted in there
and at the time the U/P/ Coal Com~any tock
this ~roperty over it was contracted to Mr.
Perko nt a rent of -)40 . 00 per month . llo
percentage what~ ve r, just a flat r ent rate.
The c oal Comnany now handles it
char~ing Pe rko ~25.00 per month rent, and as
far as I know the pl ace i s conducted in an
orde rly manner.

Ve ry trul y yoa rs ,

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�- ---STAtiDARO
11•20·20000

THE UNION PACIFIC COAL COMPANY
OFli'IOE OF

Winton.
.. . .................. . . ......

IN REPLY PLEASE JU!lFElR TO

Wyomin~

August 13 , 1921 o

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NO,

Mro E . S. Brooks,
Sheet //=2

8

10" Open Shades for ceiling lights

3 "EXIT 11
2

Shades

Pyrene F ire Extinguishers

2· Oil Cans

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Pr. Plier s

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12"

8 11

(Gas)

Sorew Driver

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Trusting the above is the information which
you desire -. I remain
I

Very truly yours,

V./R* AA

�8 TANOARD

ll'orui 2 1011

S UBJECT,

t 1·20·20000

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THE UNION PACIFIC COAL COMPANY

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IN R E P LY PLEASE REFER TO

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Au gus t 13 , 19~1.
\

Mr. E.

s. Brooks, Pres .

Un ion Paci±' ic Coal Co . ,
Roe le S-pr i ngs • Wyoming •

NO.

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The f ollowi ng i s a l is t o f equipmen t in

the show-house a t ii i nt on : 1
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Si mpl ex Pic ture Machi ne Comil ete
Serial #3664 Spec . Li cense rt37 67 o
A .C. Uotor Type A-1 #9883, for
Pie ture l,lachi ne

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110 Vo l t , Type 44- C El ectri c Fan.

1

Vor t ex Heater #1901

1

Buc k Hot Bl as t Hea ter

7

Lengfu.s 7" Stove Pip0

3

7"

2

3 0 x 30"
.,

317

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El bows
Stove Boards

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Collapsa ble Cha i rs
T.P.Seeburg UpriRht Grand Piano

10 Records

( For Piano

6

6 ' x 18 '

1

14' x 14 1 Reflector Scre en

Side Shift Screens

2 Ventilating Fans --Venture #3½
2 Motors, A.O. Induc tion, #1062202, 1962191 ,
Type S.A. Form S-1 , 1/10 horsepowe r , 860
R.P.ll . 220 Volt -~5 Amp 60 Cycle, mfg 'd
by Sprague I:l ect . for ks.

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Brush Brooms

24 "

8

Electric Lie;ht shade s, ( Sidew9.ll)

3

Frosted Bulb Sh~des

6"

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The Unio:1 .: :, cific Co:--.1 Co::J.~r.ny v

Ch3ycmic . .:;ro:,1i113.

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irom,1 !ltoa
SODJEOT1

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Lense ·.Ji th ~houas Love cove ring Opera House, at ,/in ton, .fyoming.

....
THE UNION PACIFIC COAL ~_9&gt;MPANY
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OFFIOE Oli'

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Uheyen.ue, ',iyoming , august 9, 1921.

lir.

:c:. s. Broolcs,
J:r es i dent unu. l¼on'l. UJ.na3er,
Rocle Sprinc 3 , ·. tyomingo

Do.ir Sir: '.Ji ll y ou ::ti ndly a.a.vis e •.ii1ethei- ox· not ti1e Oper a Eous e,
u t ·./int on, "i!yoming , ha s been lea sed to iSr. Thomae Love. If' so , uil l
you lcindl y s emi orig i 11ol co;1tr:-ct to t his of f i ce f or r o"is t ry, or if
not ye t p repar ed, lci ntll y a d vi s e \7hether tile t e r n s of tlie contr:::i ct are
similia r t o t nose cov ering the ope ra hou ses a t other p oin t s.
Your s truly ,

�.

s u 0 ,n:or.Unpaid

.-,

"

.

Billa against :rhomas L offl"

2 10:i

T H E UNION P A C IFIC COAL C O M P ANY
IN RE!PLY :l"L 11J.t\.SIII Jll~F1'1R 'l .'O

OD'D':101:l O li'

N O,

1301203 76
l}Jl509

Cheyenne, \'Jyo o , Jul ~ 21, 19210

(

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l

Doro: Sir:
1.'Je h a ve ch ozged to y our a ce oun-'G Bill Hoo 1203 '76 o

amount ~ 70oOO, :for · v a l ue o f one Ca rbona to :r, shipp Gd t o yo u

at Sup0rior i n Dece mber 1920 0 mid Bill Hoo 121509 0 nmount
( 60000, f or r ental o f spa c e f or Barb eT St op in Reliance

Club House from Jul y 1, 1920 to Dece mb e? 31, 19200
I t hink you VJill agree vr i-th me t hut the Compa1-w

has gi ven you u very liberal extens io n of time on these
..GrJO

accou.."lts , ana \'J G v; ill exp ect payment i n 'iil:e very near

:futurcq

Yo urs t rvl y ~

CC !.'fr o Eo So Brooks , ~
. ~~

P r e s i d e n t,
Roe k Springs ,

r.ryo.. ,

�CLA

OF SERVICE DESIRED

~

-- DAY TELEGRAM

NIGHT TELEGRAM
·NIGHT lETTERGRAM
THE SENDER MUST MARK AN X OPPO•
SITE THE CLASS OF SERVICE D[SlffEQ;

O THERWISE THE TELEGRAM
W ILi.. BE TRANSMITTED AS
A FAST DAY TELEGRAM .

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THE UNION P ACIF IC
01!'1!'.IOE 01,•

NO,

Superior, Wyo o June 2ndo , 19210

Rock Springs, Wyoo

Referring to your letter of May 27th0 and returning list of Furni·t ure,
Fixtures and other properly of. this Companl' in the Opera House and Amusement
Hallo 'i/e have cheeked this up and find that the attached list eneclts with the
properly ii'l the twe bui ldings with the exception of the item of 20 V."indow Shades
in the Opera House, this sho uld read 11 24 Wind~w Shades 110

y~t:=

rintendent~

.I

�I nventory of Fur niture , Fixtures and other Pr oper ty in Oper a
House
Building
of The Uni on Pacific Cool Company , at Superior, Wyoming,
as of May 1 , 1920.
Opera Hou se
190 - Fol ding Chairs,
11

"
(In need of repair)
20 - \'lindow Shades
24 - Drop Sockets and Globes
l - Kohler end Campbell Piano
2 - Double Revolving Fa.~s
l - 20 ft. Ladder

24

1 -6 "
II
3 - Coal Shovel a ( For use i n furnace)
l - Axe

Amusement Hall
l - Pop Corn Mach i ne
30 - Office Arm Chairs
1 - Wicker Chair
5 - Fol ding Chairs
1 - Round Card Tabl e (broken)
1 - Round I ce Crea?:! table
1 - Fountain Back 9ar and tlirror
13 - Globes and Shades
1 - 4½ 1 x9½ 1 Pool Table
15 - Cue Sti cks
1 - Ball Rack
2 - Bridges
1 - _Table Mar ker
l - Galvani zed Bucket
1 - Mi ll Br oom
l - Coal Shovel
l - Steel Flo or iJat
l - Bo\'iling Alley
1 - Set Ten Pi na
6 - Lar ge Bowl i ng Balls
8 - Small Bowling Bal ls

�-

110-H,J &gt;,;OT.
I'

THE UNION PACIFIC COAL COMPANY

L Cl ,

JN lUlll'L'Y t»LDABJ!l n E ll'JDlt TO
O IN'i"'(OVJ 01"

NO,

Reliance , Wromi ng.
Jliay 31st 1921.

Mr E.S.Brooks,
Pr e3ident &amp; Gen, 1 l,: gro
Rock Springs, Uyomingo
Dear Sir:-

Pl ease find list of Furniture and Fixtures
act. connected \'tith Opera House building a t this crunp, pcr
'JOU

request of Bay 27th 1921.

I ncl.

�Inventony of Furniture, Fixtures and other property in Opera
House building of the Union Oacific Coal Company at Reliance Wyoming ,as of
t:ia.y 31st 1921.
,

3- Sho~ cases (1 five foot.
1 six foot.
1 eight foot.
8- Ico cream tables.
24- Chairij.
4 - Stools.
1- Soda f ountain.
1° Buff et.,

1- Gasolil,e peanu·~ roaste1· (In store warehouse)
1- Elec t ric malted milk roaster.
1- Carbonizero
1- Hot water percolater.
1- Gasoline chili stove.
4• Card t ables o

1- Pool tableo
12- Cues.
16- balls.
1- Bowling alley

1- ~T Set Ten pins.
1- Set duck pins.
6° Ten pin balls.
10- Duck pin balls.
1- Compensator and i nductor.
1- Piano ~,.__.f· ,cZ "-·•. P .
i&lt;--P~oo--l.
,., /)
•
251- Opera Ho\ise. c_,,r,;. _(.;., ✓r &lt;r!?..-,.,,.

=:-3:::""'":T

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�lilt' o 'l•hoo0.o TI'o ::rtei."' 0

: :ine Ju t.l~1.·i r,tentle nt 0
Ileliance • Jyo.!,in:~o
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�111111111111111

rro.y 2 7th , 1 921.

Ll'"o

!?rank Talb!i re,

Audit or , u. P. Cool Co.,
Che yenne , \!yo1:1i n -:; .

An ovrn r in6 youro of :ay 2Gth, file 2-8?8,

C2,.,er2. House Les ace o.t }i::mne, a.nd di vi&lt; ,ion of
reve!1U3 c:.ccruing under the 1 c·1se, a:.:;. oc:10.i:1~ you

~a~e~it~ copieo of co~r espond~nce covcrin~ the

'r:his, ~l s o, 1 beli eYe , t:~!cc::; ct~r e

Your s t ruly,

,
I:

�.,

tfa,y 27th 0 1921 o

Cheyenne . \!yoming ,,
De a l! Sir:
Yours of -~he 25th i nsiant ~ F ile 2=911 ,

concer ning the Love lec::.ses of out" e.'nu2eo e nt bu:i.ld,=·

Att.oz-ney c.fter sub:ni s sion to himo

;!°'OUTS

¥ou1"' office

trulyo

''

______,

~

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�s u s J EOT,

eTANOARO
11·20•20000

Leas e with Thomas Love C
ll'on.a, 210a
ove ring Oper a and Cl ub House at Hanna , :7yoming.

,., I~·11

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LI

THE UNIO N PA CIFIC COAL COMPA NY '·
•i:111't r:.,r•',.
O ii"Irl O E O F

'¥N REP i'"Y PLEA SE R E FER TO

NO,

I

2 - 878

Cheyenne, \'/yoming , J;Jay 26, 1 921.

Mr. E. s. Brook s ,
Pr e s ident,
Roc.k Spri ngs, ·,tyoming.
Dear Sir :
We wer e advised by the lli ne sup er i ntendent at Hanna by t elegraph u nder
date of tlay 9 , 1921 that you had approved the char gi ng of 900 Koi.' l. hour s a t the
r a te of 10¢ per K. ·.1. hour t o t he Ope ra. and Club House at Ha!l1la 9 a l s o t hat you had
approved the r eduction of the Stor e P.evenue from J 125o00 t o ~~75. 00 per month o

I n-

struct ions \?ere gi ven to tlle St orekeeper a t Hanna accor dingl y.
I n order t hat our r ecords may be compl ete ~ il l you k i nd l y confirm tha
statement made by t he J.Iine Superint endent at Ha nna.

Al so please advise whether

the distr ibuti on as outlined above is to be cont i nued i n the futur e.
Yours respectfully,

1

�STANDARD

Fon.!11 2103

SUBJECT,

Renewal of Leases with Thomas Love Covering Opera.and Club Houses at Hanna,
Reliance and Sup·erior
i.•.! t u.

11~20-20000

r~

THE UNION PACIFIC COAL COMPANY
, .'En/\i.. r;:..r't '"'i:,.
IN REPLY: PLEw\.SJll RElFJ!lR ,ro

2 - 911
NO.

...................... -······ \-,AUDITOR
.. .. .................... .._, ............ .. .. _______,,.
,_ .,

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____ ,

_

, , _ ,

Cheyenne, ~yoming, May 26, 1921.

s. Broolcs,
President,
Rock Springs , .iyoming.

Mr. E.

\I

Dear Sir:

\

Referring to my l etter of April 21, 1921, in whl ch 1 advised that the
leases covering operation of Opera and Club Houses at Hanna, Reliance and Su.perior
would expire on April 30:
Kindly advise whether or not these leases have been renewed for another
year.

~o dete I do not find that copies of rene,,al lea ses have been received in

this office.

If the leases have been renewed are ther~ any changesin them?

If so

this information Tiill be needed in connection with settlement with Mr. Love for
the month of 1ia.y 1321.
Yours respectfully,

.,,,,
0 -~ ·t.:!:h--v✓:-~'
Auditor.

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Lease Coveri1,o• ding ll'011
"\,., 01)0 r a Irou se Buil
a t.. i11oa
m1m1.0, ',7yomins-.

THE UNION PACIFIC COAL COMPANY.1,, :,

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I', '

l:N BJlll1X,Y :pi,mASl!I Rl!lll'lOrt 'X'O

-------

Ol!'lr.lOID 0 1"

Hcnnn., ·;:yoming ,

1:a.y 2 1 9 1 9210

U"..iion ?o.c ific Co~l Co,".lp~Y

Deo.i· Si r :

Fi nd o.ttaohed he1·oto 1 e::i.s e Cove\~ing 011era Honse Building,
Si t,·ucd b~·: r o ':i:ho so Love, "Lessee11 o

i,lso Inventory of Property in

OpeJ.'0. ·:o ,se ::;t..ilding of t h e Union ?t'.Cific Coo.l Compn.ny a.t Ha.1ma,
• :;;ronin:;, c.s of : ~-:/ 1, 1921 0

I ine 3upe1·intendent .

-

�,.

-

Inventory of Furniture, Fixtures a nd other Property in Opera
House Btiilding of t he Union Po.c ific coal company at Ho.nna , ·."/yoming , as
of J. ay 1 9 1921.

1 - Ho t _·dr lu.r112.ce ? l a.nt complete with
five i·::i.di ators.
2 - 4 x 8 Pool ~ubles.
l - Cue ~ ck
2 - Billiard -Ball ~acks
l - '.l::1.sh _1001!? LC.VO. t o ry
1 - Barber' s L~vatory
1 - 1'1 t chen J iulc
l - Ilim;c.tha ~~llc.i 1g l :::.chine.
12 - -aeot..·ic Lir;ht Finttura s
1 - Set Sta.go ice1101•y
2 - Heating St OV03 o
352 - .!O l ding Ch~irs .
4 - 10' Bo,·, l ers Settees
l - o, Bo~ler s dettee
l - 6 ' Boi•1le:;:-s Settee.

�-- ----

THE UNION PACIFIC COAL COMPANY
01-"l-'1010:. Olt

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cn-:o.nGE B. vn.YT&gt;m,

SUPl ~RJ NTBNDU.:N'l'

&lt;il•:!',," f ! JrAt Ht1t•1:111:-.:T1:xn1: N·r

G'ffil'n_,,.1~N'N"J~\-v-¥~
R OOK SPH.1 1.'&lt; GS. WYO.

May 21, 1921 .

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llr. Thomas Love,

I

Hanna, Wyoming .
Dear Sir:

'

I am attaching copies of letters
from Jiir. J.

c. Cardassis and Joe Broyles

for your information.

I do not know

what arrangem~nts you have , if any, with.
After

?.ir. Cardai:3sis or JA:r . Broyles.

you have read these letters over will you
please advise me so th~t I may answer Mr.
Cardassis' letter.

Encls.

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Salt Lake City , Utah ,
May 18 , 1921 .

1

Dear Mr . J:'ryde :
Have been going to write you every day
but have b een so busy just could not find time , but
have been looking out for you thinking you would cone
down on way to Scofield .
I have opened up a resta urant on East
1st South o.cross from Salt La lce Theatre and doing
pretty good considering t ne condition of everything .
I am not in Franklins now; that is , my money is t i ed
up there but I had to get out and g et someth ing to
do where I would see something c or;:iing i n ,

I am going to ask a f a vor of you, if
you can help me I will a ppr eciate it very mucn..
The f_:el low at Re l iance in the Hall owes
Joe Broyles ~~250 . 0 0 and J .9e owes me .
Nm7 , Joe
phoned h im and he said he would send the :money but
it has gone so long and I need some money.
You see,
i t is for pool tables and some other things.
If you
can not g et it let ::ne kno"t7 at once as I will have
Joe go and ship pool tables here .
Write me as soon as you can, if you can ' t
get it all at once, take half now and half' next month .

(Sgd)

J.C . Cardassis ,
64 E . ls t So . ,

Eagle Gate Cafe .

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Salt Lake City, Utah,
May 19, 1921.

Mr . Geo. Pryde,
Rock Springs, Wyo.
Dear Sir:
I wish you would please see what you
can do ~bout this matter, as it has been nearly

a year now.

As I owe the money to Jack and he

is in need of the same I would like to have it
settled.

If they can't pay it all at once let

them pay as much as they can.
Hoping you will gi ve tnis your
attention , as it will help me a great deal,

Respectfully,

(Sgd)

Joe Broyl es.

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Forni 2101

T~r~GRAM
- -.

Time Filed. - - - ______ _ M

SYMBOL

X

CLASS OF SERVICE REQUIRED

Px

Preferred

Immediate delivery

Dx

Day

Delivery during day

Nx

Night

-

DAlivery by next morning

Indicate by X in proper line
tile class of service required.
Clo not specify preferred service if other service will answer
the purpose.

'-lo clc i:.iprln~ ·1 , .!y.J. , lln.y 9th, 1921 o
'
r re&gt; 'J.' ~ 1, ., l:utl r;:,:II..- nn1;_1. • . , yo o

room a.nu

�Parm 2101

T~~EGRAM
Time . Filed. __________ M

SYMBOL

X

Px

CLASS OF SERVICE REQUIRED
Preferred
I mmediato delivery

Dx

Day

Delivery during day

Nx

Night

DJ11ivery1 by next morning

..,et,
" v
" .
,a . ...

in pro~er line
Indicate by
the class o!)i rvice required.
.o.ifn~pecify preferred serlvicll't'other service will answer
ihe purpose.

�-B OBJEO'X't

Lea s e of Ope r a and ·c 1 b
Fo• • !ll on
u Houses t o .Thoma s Love

THE UNIO N P A CIFIC COA L C OMP ANY
XN JU !lPLY PLE A S fil R DFl1lR '1'0
Oll'll'IO JiJ 0 11'

NO•

t'uD r •r o R

2 - 8'7 8

Cheyenne,. ·!yo., J anuary 21 , 1921.

:.i:r . F. • B• Brooks ,
P r e s i den t,
T~oc k S 1)r i ng s , '.Iyo . ,
De ar Sir :
The commi s sion r ec e ived f rom Thomas Love on a cc ount
of l eas o of Oper a and Cl ub House a t ~e l i :mc e , amounted t o
a·o,r ox imate l y a n aver a ge of (jl 50. 00 per mon th, f or the months
of J nly t o Dec emb er 19 20.

Of t bis a mount, the i iine Depa r t ment

h a s set up a r ev enue of :';18 . 00 per mon t h fo r r ent of the bu ild i ngs , -.,1us ;; 2. 00 f _or wat er and a ctu n l ligh t n.nd p ower a t t he
es t abl i shed r n.te , amounting in tot al to a-op r ox i m~t e ly fi50 . 00
:per mont h.
In vicn of t b e i nve stment o f t he buildings a t Reli ance,
I do no t think the r ev enue set up by th e Hi n e Depa r t ment isthey
enough, e.nd v1oul d sugg est that , 1 chv..rg e for the buil ding, at
l eas t ~~40.00 per month p lus the r egular r at e s for water and
,·

light.

If the · commi ssi on received do es n ot decrease, and the

chances are it \-r i ll incre ase , the liine Dep~rtment will r e c e ive
o.bout 0 75. 00 per month, and the Stor e Department

8lJl

e cua l amount.

I f t his d i vis ion is s at i s factory, 111 ease advise me ::ind I will
inst ruct the i':in e Su'];)er int endant an d Sto r eke e per at Re lin nce
accordingly, effect i ve J anuary 1, 19 2 0.

This d i strib ution of

course is to be subject t o r evision, i f t he cornmission rece i vea

l

�war r a nts a redi s tr i but i on

0

At Hanna , t he I:iercba.ndi s e Depa rtment i s r e c e iving an
a rbitr a r y a mo unt of :' 1 B5 00 per month , wh i ch I und cr s "Gand is
0

s atisfa ctor y to the ~u-n e:r intend e nt of s t o res , nnd woul a s ugr·est
t h e.t t hi s arr an gement be continued .
I h av P- n ot s s yc'G r ec e ived f i gur es f r om Su-oor i or f or
De c emb er, b ut h a ve 1ui red t o I.Tr . Syme and a s s oon us i nf orro.D.t i on
i s re ceived , \7ill a rv ise you hor, I t hi nk t he c ommi s s i on shou l d
be d i vided betwe en t h e i']ine Dep e.xtment and th e Sto re Dep ar tment.
I wi ll a l s o advise yo u f 1• om t i11e to t i me , the amounts
th a t a r c being r e c e ive d und er these t hr ee l e a ses, in ord er th a t
you m:::.y be informed of the adv ant age or d i s o.dvant (;.ge to the
Compa 1w of g r anting these concession to 0 11 ou t s i der .
Your s res ~ec t f ully ,

�6TANDAR0

8•2~$000

UNION PACIFIC SYSTEM
ONION PAOIU-IO ll.A:XLHOAD COM.l?'AN'Y
OllEGON SHOR'I.' LI1''"D .RAILllOA.D COl\f"PA.NY
OREGON-WASB(NGTON RArLR0A0 &amp; NAVXGAT{0&gt;&lt; co:.rPANY

,10HN .A . BENN1Jrwrrz.

i

O0NTRACT ATTORNEY

1410 D OD GE STUEET
OMAHA. NEDR ASKA,

May 13th, 19210
Mro Eo So Brooke,
Preso &amp; GenoMgro The UoP 0 Coal Coo,
Rock Springs, ~fYOo

j

It

i

I return herewith proposed renewal lease in fFJ.-vor of
Thomas Love, covering operation of Union Pacific Coal Company~s
opera house and concessions, at Hann&amp;, which was received with
your letter of May 9tho
I note the additional paragraph of Section 7 9 which was
prepared by local attorney, Taliaferro, regarding furnishing of
electricity by tha lessor, makes mention of a card roomo To be
consistent, msntion should be made in the second whereas of the
P.ecitals, of this card roomo This can bs readily taken care of
by inserting the words "card and" before the word "~H~.les~~ in the
:fourth line of ~i;his second wherea.eo

I note that the date of the inventory has not been filled
in as to the yearo I also note that the inventory includes only
32 folding chairs, while the inventory accompanying la.st year's
agreement 0 showed 352 folding chairs, and it occurs to me that
possibly this is an errore .
Other than the above, I find the proposed lease to be
in satisf.actory formo

Yours truly,

p

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�STAflOAAO

Lease ni tll Tbo·.·••!""
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n,io:u of
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C l u b

liOUSO

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Ilu.IDJ.U,

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4 ..20-20000

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T H E UN ION PAC I F IC COA L C O M P ANY
rN REl'x.Y PLlDABli!l ~

J!ll{'i!IC( TO

NO.

C11.eye1me 0 Wyoming0 Ap:&amp;-11 27 e 19210

I\

lll

il
Dear Sir:
Pl ecue do not pr opc.r&gt;e Bill Collectibl e covori n~ 8,/2 cOi:':l'nissi on

on O-J.,&gt;e1•a a nd Cl ub l!o.1::;e opoc~ti on f or t he nouth of Apr il 1921 unt il you
recei ve i'lll"t her udvice f'rom t his ofi'iceo
Ploase advise by retu?n tr.;1i l ohon i t is your i ::itcnt:i..011 t o t ai-:0

I'~gi ote~ I'enui n33 0 etco to cover business nt tho 0-~cru ~\ll.Q Cl ub Houses
I

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, _j
•' ••UGJ.ll: 11 L S!NGEO BY

f-v.,~~.. l ALL!.,lfill'.

f
Auditor.

I
f

ec to ur. ~. 8. Brooks ,
President,
Rock b))rings, iiyomi~.
i•'or youx information in connection _., i th your letter of .April 2 011
1921 r el ative to loss on ope rations of Hanna ~leotric Light Plant.

�STAii DARO

lilUHJl•!O'l'.Renewal of Leas

·-

·th

h

4 ..2~20000

ll'o1111

:uoa

. es Wl.
T os. Love covering Opera and Club Houses
Hanna, Reliance and Superior

THE

at

COAL--COMPANY
,I

LlJ 1-:,

O trF .IOE OF

I

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I

rN BlDl"LY J;&gt;LEASl!I Rl!lll'MR. TO

A ..U-··-··DI....___
T OR_
Cheyenne, Wyoo, April 21, 1921.

' .,_

Mr • E • S. Br oo ks ,

':,r /

~•
P r e s i a en t,
Rock Sn rings , \f/yo . ,

Dear Sir:
Lease with Thomas Love coveri ng opera tion of Opera
a nd Club Houses at Hal'.111a, Reliance and Superior, will ex pire
April 30.

If the l eas e at Hanna is to be r en e~ed, I would

suggest tha t the matter of f urnishing electricity t0· t he
Opera and Club House be g iven careful consi dera•tiono
The f ollowi ng is quo t ed f r om th e pr esent lease:
2.

The Les see agrees to pay to t he Les sor for the use

of s a id Op era House building, the followi ng amounts to-wit:
(a) 8% of ·t he gross s a l es or r ece ipts .
whether for cash, credit o~ f or coupons issued by
the Sto r e of the Lessor acc r uing f r om the picture
show, pool tables, bowling alley, s ale of tob acco,
soft drinks, newspapers, candy, nut s, ice cream
am other mer c band ise, au tho ri zed by the Lessor to
be sold on said premises.
(b) f;10.oo per month for the S!:)ace, water
and light used in connection with s ai d Barber Shop .

7.

The Lessor agrees to maintain and keep the s aid leased

premises in a ren.sonable r epair D.t its own cost and ex:,oense

0

'~be

cost of heating said premises shall be borne solely by tbe Lessee
and the Lessor shall sell the Lessee fuel for such purposes, at
the same price charged its employes.
Hhile it is not specifically stated in the contract,

...

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�I
- 2-

Mr o E •

8 0

Brooks -

is my understanding that the 8% commission was to cover r ental
of the building and electricity furnished for lighting and for
the operation of' iloving Picture Liacbine.

In connection with our-

investigation of loss on operations of Hanna Electric Light Plant
concerning which I will writ e you f ully in a few d ays, it was found
tha t in addition to the l i ghts, :Mr

0

Love is using electricity for

a Ca rbona tor, an Air Compr essor, f our Hea ters, Elect ric Pi a no and
a Popcorn Machineo

I under s t and t h at a met er is installed at

the Theatre but th at the el ectricity f~rnished t he Cl ub Ho use and
a~pliances insta lled therein, i s not measured.

The l.line Su oerintend-

ent has est;imated tha t the appliances in the Club House i nc luding
the lamps will use approximat ely 1,338.9 K'F! hours per week or 5,738.1

r.r hours ever y t hirty da ys.

It is estimat ed tha t t h e bea ters alone

v,ill use anproxim!l.tely 5,000 KI! hours every t hirty da ys.
I f ind th at I1r. Love purchased for use a t the Club House,
only one ton of coal each month during Dece mber 192 0, January and
February 1921.

~vidently llr. Love is using electricity furnished

free by the Company,to heat the Club House, instead of purchasing
coal for that purpose.

It may be that he was authorized to use

electricity for heating purposes, but if so, I have. not been advised
·to that effect.
Yours-respectfully,

~~

Auditor.

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sTAttOAAO

SUllJKOl'• .

Lease Of 01.l_G~O uo,~. . . o

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&amp;I.

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4·20-20000
1/'0UM

!HOB

at Holicnco to Thomaa Lovo

T H E UNION PACIFIC COAL COMPANY
:tN RIDPLY I&gt;LJ:l,1\.9:lll Bl9Fl~n TO

N0,2

-

6?0

Llt'o d o B. . G!'!~i'iih o

S 'ti O !? 0 !,;: C O ►) 0 i? 0

Rcli~eo 0 t:yo.nlngo

Dcozi Si:?:

\'

?0:1 ohoul&lt;1 at all tioco oco thci O'DZ' c.ccOUllt agaimt

:1:- o '£ova u'G ?lolicnco S 'COI."G , 'Z.O'E tlel"Cbc.naic 3 '.t:ill::"!ilGhc!l hioo io
fcil;] p::-o·ticofic:J; •iihni ioo outona ohoul1 not be cocuoa unl c:::m

11p}.:Yl'OVot1 :

l!reeldont.

-- - -- --------- - --

�SUBJb:0'11.

Le as e- of O_per a Hous e a Ju. R 1 ·
"J oa
--e. i ance i;o Thoma s Love
l!'ol&lt;M

,_Ir; l'

_[.S

I.

S TANOARO
4-620•20000

;I

T H E UNION P A C IF IC COAL COMPA~ Y r.wri - .1 1?• ·r
ZN BJ!l~Y P J'..JOABI!I RJ!Jl!'Mrt ,1,0

OD'll'J:OE Ol•

AUD I TO R

N O,

2 - 8 '78

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Ch eyenne , U~vo . , 1'..far c h 22 , 1921 0

r_ \ ~

I.Ir o ~ . S . Brooks ,
P re s ide n t ,
~ oc k S~!,)rings , .:yo . ,
Dear S i r :

-'
I a m in rece i pt of a le t ter fr om ~-.:r . ~bos . Lov e ,

1

Less ee of our Opera and Cl ub Houses , renues ting t ba t on a cco unt
of a former :ranager at ?el i a.n ce bav i ng misanpro·or i s t ed quite
a l ar g e a.mou n t of f unds, he .·rou l a l i ke t o h av e Company co uno ns
1

t alren i n ri:ii :":elio.nce Opera a nd Cl :i.b Ror1s e

red eem0d in c a sh t hree

JGimes n. mouth i ns t ead of on ce a mon·th as st i J&gt;Ul uted in the con t ract,
i n or cleJ:' t h e..t he 1,7i l l h a ve av a i l e.bl e c o.sh wi th wh i c b t o settle
h i s old a c co illlts.
I have 9.dvised :.Ir . Love t h at sub j ect t o your ap:or ova l,

n e \"fill ar rru1g e t o red eem co upons i n cush on the f i r s t , t enth and
t n ~ntieth o f ea.ch mon th.

I f th i s arr angemen~ nh icl'i i s to be

t em:-&gt;ora.ry, meets n i th. your a pprova l, pl ease o:;?prove t h e o.tt a ched
l e tter o.nd ma il it to i.ir . Love , ret a i n i n~ one co py f or your :fil e s.
Hr . Love also adv ised me tb c,t b is ,.l8.nager

colle c t ed

:_;1 0 . 00 p er month from July 19 20 , f or :rent a l of the Barb er Sbop ,

but f ai led t o t urn t he money over to ·the Comp any.

He re gues ts

an ex t en sion of time for ) ~,Yi ng t bis b~c k r ent.

I would s 1iggos t

th a t on a ccount of' the d ifficulties i:.11·. Love h as h ad s t Re l i an ce
and 8u1:J erior, and the e f forts he is m0Ji:i ng to make thes e und
- er -

'-------- -- - - -- - -- - - -- -· - - - -

\

�ta.Icings a s ucc ess, the Com:-Qa1zy be c.s l en i ent u itb bim a s poss ib l e

0

I vJill ht:ve the 'J:rave l ing J.uc1 i t or malce fre quent vis its
J\,. 0

T
J1.. a •nv,_ !'": ,
.LU&gt; -

"

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· b or, •d ~l' o T.!Jo ve 1 S
e l i• n.nee uncl~ ..-,,1.uer io1· , ...t,Q us c er t a in

b us ine zs i s bei ng co na uctea. 2t tho s e pl a ces , a.nd will l:'.l s o rec!u est
t he S t o:reltee~10~:

---

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Ii nc Sup er:Lntc:'.ucn·t; ·i;o s e e tb s.t the t e1~ms of

•.

t he contract a re b ei ng c .:1r1·i e d out J.8 f a :r 1-:s the col l ect i on o f
conuni ss i ons and u se of ou.r pr O_) ert;y .:..re co nc erned a

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�&amp;TANDAIID
61'C1HJlllOT.

Lease With Thomas Love Covet"i'rl~oOpera and Cl ub Houses at Reliancez;•moo
Hanna and Superior

THE UNION P A CIFIC COAL COMPANY
... -

011'P'.l0E OF

u,r REPL"l{ PLillASG :RJ')Il'IOR 'l.'O

AUDITOR
Cheyenne, Wyoming, 1Iarcb. 4, 1921.

Mr . E. s. Brooks ,
President,
Rock Spr ings, ~-.ryomi ng.

,-....,

Dear Sir:
17e are advised by the Storek eeper at Re liance that he i s
redeeming. coupons taken in at Opera and Cl ub House every day.

Tbe

co ntracts covering 1 eases of O·:? era and Club Houses at Hanna, Re l iance
and Superior provide for redemption of such coupons in cash once a
montho
I n connec tion ,.,i th the preparation of ins true t ions for
gui dance of Storekeepers in handling coupon redemptions please adv i se if you see any objection to Storekeepers redeeming coupons

1

once a v1eek·.

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Yours respectfully,

• ';

Auditor

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�&amp;TAN DARO
4-'2.O-200OO

Lease _w it~ ~1J.10s0Love Covering Ope~a... :~ Club Houses at Hanna,Reliance and. Superior

THE UNION PACIFIC COAL COMPANY
IN REPLY J.&gt;LlDA.Sl'l BEll'JilR '£0

01!'F'rOE 01,'

AUDITOR

NO,

2 - 878

Cheyenne, \"/yoming, March 3, 19210
Mro .Eo So Bro oles,

President,
lioclc Springs , \'/yomingo

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Dear Sir:
Referri ng to my letter of January 22, 1 921 in which I suggested that
we credit the Store Department at superior r1ith an arbitrary amount of :jlOOoOO
in connection with commiss ion r ecei ved. from Opera and Club House at superior,

lj

and. your reply dated January 31, 1921 giving approval for thi s distributiona

After givi ng this matter further thought and being advised of the
amount of commission received for the month of Jn.nua ry 1921 I decided that the
amount of ~lOOoOO was really more than the store was entitled too I have, tberefore, issued instructions to the s torekeeper at Superior as to the method of accounting f or this r evenue and in these instructions have advised that the arbitrary amount to be credited t o the Store Depar tment each month shoul&lt;l be ;n5.00
instead of (°,;lOOoOO·o

In~smu.ch as you advised in your letter of January 31 that

you thought the 1.Iine Department should have the long end of these divisions I

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assume that it was entirely in accord.a.nee with yotu· ,.,, isb.es to reduce the amount

\

creditable to the Store Department.
In-this connection \'fish to advise that the total r evenue from the
Club and Opera House at Superior for the months of November and December 1920
~d January and. ~•ebruary 1921 was :.i,623.37 and in accordance with the distribu-

tion mentioned above the Store Department· received credit for ~300.00 of this
amount and the Hine Department with :;;;323.37.
Yours respectfully,

;:;,~;
~
(~✓
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Auditor.

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Lease of Oper a and Cl u b House B'o"!l,.'
U AA
a11 ::;up er ior .to Thomas Love •
T H E U N IO N P A C IFIC COAL COM P ANY
J:N BEl'LY 1"LJDABJ!I lUDIJ'JllR TO

NO,

2

-

87

8

Cb eyen11e r '. Iyo., J a nua ry 22 , 1921.

tir . :r~. s. Br ooks ,
P r es i d e n t ,
Rock Spring s , :. yo . ,
Dear S i r :
Duri ng the mont h of Hovemb er, commi s sion from
Theat re and _-imusement Hall o.t Superior , leased to 'l'bomas
Love , umounted t o
, _; 1

5 4

.

(-: 1 8 7

.

54

0

I n December it amounted to

4 0 .

I would s u gge s t t hat we c redit tbe 8t o re Depart -

ment ru.1 erb i tr o.ry amount of .,il 00 . 00, the 1·ema inder t o go t o
the j.~ine Dcp~rtrnent .
pl e ase advi se me,

a n d

If you aupr ove t h is di stribut i on,
I \'!ill instruct t h e

_

:

i n

a.nd St o reke e per a t Sup er io r , ac c0rd ingly.

I

Yours r esp ectfully ,

- j

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SuJ?er intendent

�! ::r. ~·r i.~1k '.C:u l k.ti l"'o 0
/\ U (l i -~ C T ,
Cil.cyO!~r,a , l i yo a

Yo:.ar i! -

s~·ap 1 3-~!l .

Love \!U.S

::lO cU. l, COt!.l":~ o tl Ci'l

Ja;!lc Su:)ol"'ior propos l ·'.;io:.i1 ·.' lhen he cm:io into "Ghe o tfic0 X
i'elt ·; o encou!!'e_ze' hi:::1 to a-:.cy c-ith i✓.; 0 ::..t r:u.!l n.),:;c.::c:;,.u-y
-i;o h ol p 1:!b .
He hud not eucc c0d0tl in t,;ottil!g a :t&gt;eliab1e
r3pr0.:;cmt.:i.t i vo , h ud troi..t~ls r·i t~. tho pc1!"bie,s v::.o 0·0nsd ":;!le
i'i;ri;ur::ia O t he !:Otla. i'omriio.i:l i;c::2.cl not \'./Oj"k, ~:.id ~!i t•od ~
o:rche5't-r.:i. fo :r t:10 pi cture aiw•:; ....o ·:;0 .Ll n.s -1J:;. 0 1Jc ;.·,1.t oE" t.:l'!tl

h.!.! l oo·c r:O:ley on t he 11on·i;~r-3 u:, to t i.:.:.t -~it!e o
:i'~o::i St1porioZ' .;;o::. .no't ic-9 -~ho pi!)-h \res • e:'!:'o ·i:.!!a
..,~:-:, c·::::1-- :;ccn -~:·,c:.4\:3 • -~ha ~::~:t,oni.:~1ce ..;~..'.J .J~l..; ~:~ o,.r~::.~t-'
~:.::-·.1 ~.r.:.c. ·1:::~ !\::bl ic \.:arc ·.1i ti: ! ,otra L"l ::i n o f £0~·~:1 -~o r.1:1!:e
o~i· '., :);:. ::ou3e 3.t, ::it.1.)0r i or c L,cyi:.lt i p li",.) poo it~..n~o

: o:;- ·ih:::.·:; l."'60.GO;l ·~oc:c !)l J oOO por :io:.rc.h o:r : 40 oOU
f oT t ho :,or.:.od.
Huve ho~i·d not :1i i~ ?-:-or.; L ove ~ 5-:~r.lG w 1cl

b3l ie·:o -~he ::!.c·Uon i1:..:en c.t. tho t :.c :3 cuv.sei! :.::.n t.,..
double !:i e c r for i-s ·i,o •.:u::e ·;:i1s i'l"o _,:n3i·~.:.c.::i :~2.y a

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'...!:a O:;or~ f!ouso end Pool Ha ll o.ro .:o·::. co:.noc·~c:1.
t;ocecsi·c. . i i :1,3 a:i- ax::;;re. a:tpense t o L ascloeo

Yours truly•

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OTANOARO
. . , ..26000

AgTeement covering Opera and c1i'ub House at Superior
10

SUBJ:,:,

THE UNION PACIFIC COAL COMPANY

1'

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A U D I

NO,

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2 - 878

Cheyenne, Wyo. , December 13, 1920.
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Mr. E. s . Brooks ,

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Genera l Uanager ,
Rook Springs , Wyo.,

Dear Sir:
The Storekeeper at Super i or advises that he collected
$40.00 from Thomas Love as r ental on the Opera House and Amusement Hall at Superior, for the months of July, August, Se ptembe r .
and October 1920.
The agreement with Iur. Love s pecifies that he should
pay a% of all receipts accruing from admi ssions to the Opera
House and sales of merchandise etc.

However, on acc ount of

the buildings and fixtur es not being in s uch shape that a profitable business could be carried on prior to November 1, you
have re leased l\ir. Love from paying 8% on his reoe i pts , requiring
him t o pay only 0 10.00 per month frpm July 1 t o October 31, for
use of buildings.

Please conf irm or correc t my understanding

of th is matter.
For your informa tion, I may state that a check of
I.ir. Love's business at Superior, shows t ba·t his receipts were
$ 89.09 for July, (~ 666. 71 for Augu.s t, ~l,632.0 2 for Sep tember
and $1,636.75 for October, of which had the regular commission
been collected, the Company would have received {~7.13, ~~63.34,
~130.56 and ~130.94, or a total of (~321.97 •

�tf( ANOARIJ

Mr. E. s. Brooks - 2I expe cted to h a ve information in shape to give an opinion
as to how the revenue from our Opera Houses and .Amusement Halls at
Ha nna , Reliance and Su9 e rior sbould be divided between Real Estate
Department and Herchand i s e Depa rtment.

However, I find tha t at.

Hanna and Reliance, t he ma intena nce and r epairs of t hese bu ildings
have not been reported separ a tely on Form ZO o

I have re r.uested

the Mine Su~erintendent s t o s end me a stat ement s howing t he amounts
expended on these buildings since the leases ·went int o effect, and
I ex-9ect to have the mat ter in sha pe to submit t o you by Ja nua ry 1st.
In the meantime, I would s ugges t tha t the entire $4 0000 collected
at Superior in July, August, Se9tember and October, be credited to
the Real Estate Department.

II

Du.ring November, Mr. Love's receipt s a t Su·p erior amounted
to 02 ,344016, on which the Storekeeper collected commission of s%
Until a basis of division is arrived a t, I would
suggest that an arbitrary amount for rental - s ay ~~3 5.00 or ~)40. 00,
and an estimated amount for light and water, if the exact amount
cannot be determined,be credited to the r.eal Est ate Department,
the remainder to go to the Uerchandi se Department.

If you agree

with me in this, ulease advise me what amount you think should be
credited to the Real Estate Department, and I will advise the Mine
Su·-1 erintendent and Storekeeper bow the collections should be handled
Adjustments can be made for November and December business, as soon
as an exact basis for division is determined.
Yours respectfully,

0

�Woy_ember 29th, 19200
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Dea1~ Sir: ...
\.'i th reference t o -.;our ir;-

cou.9ons for ~eal s for tr,1.incien 0 plea.:::e

Su p erint e ndent, Woo druff O dcted n overnber

Yours truly,'

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�5TAtiOARU
6TAHDAAV
H)•?O~lOOtl

UNION PACIFIC SYST EM
UNION PACIFIC RAILROAD COMPANY

DEPARTMENT OF OPERATION

A . W. WOODRUFF.
GENERAL SUPERINTENOENT.

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cHEYENNE. wyo.

November 27, 1920 o

Mr o Eo So Brooks ,

General Manager, UoPo Coal Coo,
Rock Springs, Wyomingo

Dear Sir:

Replying to yours November 12th:
Rather than extend the hotel coupon privilege, we are
eliminating it ,;,herever possible, and would not care •iio make
request for the arrangement mentioned at Hannao
Yours truly,

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4.-'i20.--20000

SlJ'NJEOT.

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THE UNION PACIFIC COAL COMPANY
OIJ'FIOE Ot•

Mr NE SU.PERlN'l'ENDENT.__

1N REX'LY X'LlllASJD nm1•19« TO

NO•

Superior, Wyoo November 18thov 19200

Mro Eo s. Brooks, General Manage~,
Ro ck Spri nga , Wyo o
Dear Sir:""

I am in receipt of your letter of November 12tho, with t7hich vms il!cloeed
copy of Lease, Contract Department Noo 2908-C, covering concossions greuriied to Tom
Love at Superioro

In conve!'sation with Mro Syme, Storekeeper, to day he informs roe that Tom
Love has turned over to him forty dollars, which he understands ia all for rent for
both the Opera House and .Amusement· Hall up to octobe;.~ 3lsto and that commencing with

November lst0 he states that. he is to collect eight pei'cent of the gross receipts~
but ltno'lla of 110 arrangement uhereby the Mine Department is to be allowed credit fol"

rent, water and light, if feet he seems to think that the eight percen·t is to go to

the store as a concession previ l edgeo

-~
Vlill you pleaae make neeesary arrangsmants with the Accounting Department,

having them give me inatructione as to the proper propor-Hon to be credited to ea.ch
the fjpere. P..o use and th6-. Amusement Hall, fer the zr,onsy now in the hands of Mr,, Syme

al.co as to how we will receive our credit each month and o~'l what baais rent is to

be assessed on each plece separately.

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THE UNION PACIFIC COAL COMP.ANY
E . S . BROOKS
Glil:Nli:BAL llAN.tcan

ROCK St&gt;BlNGS, WYOMlN O

November 9th , 1920.

.t

lfr. Thomas Love ,
Hanna , Wyoming .

Dear Sir:
Am sending you he r enith execut ed
lease coverine ~rivileges at Reliance,
expiring April 30 , 1921 , receipt of
·which please ac lmowledge on this le tter.

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Lease to Thomas Love
. Foaw i:noa
Reliance and Super1~;er1.ng Opera and Club Houses at Hanna,
·-

THE UNION PACIFIC COAL COMPANY
Oll'll'XOlll OF

2-878

AUD I TOR

Cheyenne, Wyoming, November 10, 1 920

I
Mr. E. s. Brooks,
General Uanager,
Rocle Sp rings, Wyoming.
Dear Sir :
As per your re \ uest of November 8 I am returning
herewith original leases to Thome.a Love covering Opera and
Club Houses at Hanna and Superior.
Yours truly,

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E. E. CAL V IN,
14 16 DODGE sTREET

PRESIOENT,

OMAHA, NEB RAS KA

November 5 ,. 1920 .
V

Mro E o So Brooks ,
General Manager,
Rock Sprine;s, VJyo

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Dear Si r: ...
Your le tter November 3:
I have signed and re t urn ber ewi t ~, in du~li cate 0 l ease

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t o Thomas Love of Concessions at the Rel i ance Camp
Yours truly,

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UNION PACIFIC COAL COMPANY
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E , S. BROOKS
OBNBBAL MANAGEn

ROCK SPRINGS, WYOMING

November 3 , 1920.

f

Mr . Thomas Love,

•

Hanna , Wyomi ng.
Dear Sir :-

.Am sending you herewith
executed leases covering the privileges
at Hanna and Superior , both expiring April
30 , 1921, receipt of which plea se a cknowledge
on this letter.

Expect to be able to

mai l the Rel iance lease soon as it i s signed
I

at Omaha.

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Yours trul y,

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E. E. CALVIN,

1418 DODGE STREET

OMAHA. N EBRASKA

PRE51DENT.

On Union Pacific , November 1~ 1920a

Mro E o S o Brooks,

General llanager,, The Union Pacific Coal Coo.
Rock Springs,, r!yomingo

Dear Sir :
Your letter October 27 :
I have executed and return he rem.th. i n duplicate,,
leeses from The Union Pacific Coal Company t o Ur.Thomas Love ,
coveri ng concessi ons at Hanne,, Reliance and SuperioT, respectively.

Yours
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8TANOARO
4~:20,a20000

T H E UNION PACIFIC C OAL COMPANY
IN REP J.Y PJ.Jll.ASI!I JU~ll"JJ:H 'l.'O
O11'I'\1 Oll'l O il'

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lv'd. ne _$upor.iut..Gtld.er.:t...,_ _

Superior, Vlyo

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October 18tho, 19:?0o

,.,,.-.... IYJt'o E. S. Br oo ks, Genore,1 Me.nager ,

Ro ck Springs, Wyo o
Dear Sir: ..
Referri1-ig to your l ettsx- of October l3th

0

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has r efet&gt;ence to no

statem-err~ of r eceipts of the Amusement Hall at this cs.mp0 I hay e t alked 'I.Yi.th Mro
Leve on every one of his visi ts to Superior 1·ef?:m•din;; J,!-:e rece:i.pts from bot h the
.A.musement Hall and the Opera House , h o !:!lways says that he i~ trying to ho.ve an

i rr'Gel"'vi ~w 1.'lith yo u in respect t o this matter. Mro Zyme , Storokoepsr ste:tes t hat
the recei pts of the Amusen::er.t Hall are turned ii;to JG he store d~ ly and :tl~.nks t hat
J,he Accour.thig Depto should red bill the store for ,,hia-'G aver the rur.o unt of rent

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should be 1 howew:r l have nevor been instructed in eny \7ay whatever. As soon as
the r.ec esary arrangements a1~c mo.de ther e ·wi ll 'be !'".O trot.bla in maki ng necesary
ad jus·i ment. I wo uld 'ce plce.svd to have thi ~ ree.tt. er adjt..at ec.i as soo n as po s si ble.

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6 · 20•15000

U"onat R

UNION P ACIFIO S Y STEM
o::s-.rolS' PACCFIO RAI LROAD COMPANY
OREGON S HORT L I NE f&lt; AIL UOA-1) OO&gt;a.&gt;A.NY
O RlllGON-WA..SU IN G TON RATJ..nOAD &amp;:: NAVXGA'l'IO~ C01'1C-.A.N~

.lO HN A . B ENNEWITZ,
CONT.RAcr A"r'l~Oll.NEX""

H lG DODGE S'J.'HJ,":~T

OMAHA . NMBRASKA,

Octobe r 1 6 , 1 920 0

Hr o :t o ~ • I3r o o Im ,
Gener a l i.:anagel' , Union -~'aci fie Coa 1 Co o,
l\ocl: .Jprings , 1:.yoming o

De a r Sil·:
Refer :r i ng to you r letter of c ctober 14t h , nith
w11ich you e nclos ecl lists of i "LU'11itn1·e , fixt11 rcs , etc .,
t o be attached to a gr eements Ytit h '.'.'homas Love covering
conce s sion s in t he opeTa ho1~s e building s at Honna , u c J.iance
a n d Sti!)er ior, ·.iyoming .

In this connection I ymu l d 1·efel' y ou to m,y l etter
o •:" 'ictober 1 4 th 1·egard i ng the mat t e:r .
Ve r y

�STA~DARO
1 •10--5000

UNION PACIFIC SYSTEM
ONION' PAOlF'IO RA.ILROA.0 CO:UPANY
Ol&lt;EG 0:-1 HllORT LfNFl HA t LllOAD C OlJPAN'Y
O R 0GON-WA .'Sll1NGTON RAJ LROAD &amp; NAV.fGA'.rlO:S CO'!\ll.#.A......,,'1'

,1 0 ~ A . BE:S-~"EWI'J'Z
CO~TRAOTATT~HNEY

1,1, to nnno ,,: sT1n:cr.1•
O ~lA U A, X l~BRASKA .

F ile C- 2809- A:

October 1 4 , 1 920 0

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i.!i•o :J . S o Brooks,
Gene1·n1 : TJ"l nag ei·, Un ion ?o.ci f ic Coal Coo,
P.oc '.: Springs , .'fyomi.ng o
Deai· Sir :
:?ermit me to i·o:fc1• to yom.· l e 'i;te1· of 3entemb er 4th
e.na. pr e v i o11s coi·res,)onde11ce in i-efe r enco to p1·e pa ri•1 ~ a ,;i· oemonts wi..tl1 rlhomss Love covoi·ing conce s sions in t h e o pon1 hou se
build i :c1:?;s ct 1Isnna , 1: eliance e...-1c1 .&gt; ll 9c1•iol' . ..yomi ng o
I n 0.cco:::·c1a nc e wi ti1 infon11ation s11i)lHittocl I hcve p :re pa1·0 cl ana 11cn:l :vo1· h erov.rith t h e fo llo\tin~ n ~;1·co11..:mts :
Co' o·-0 028O9- 1.1. cove1•ing: One:re tro11se B11iHl.ing at Ranna .
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CoT) o" o . 28 09- C
Super ioro
', Jill ,1."0l' l~indly consider t,1e d1•afts o:E the a,,;reements
t fle J,r a l' e satisfactox:.r t o .vou, enc101·se your
ann:roval t},oreon, e.fter r/b.ich ~you s.i1011l a a1·1·a ~.ir;e to have prepai· ed and a tt2.cho J to each of tho a,~reemo nts , a;1 i nv ento1·:y of
:fr :-c:1 i t11:.:e s.-,,a fixtm:es , as provide d :i: oi: i r- thf.J e ; Te0r11ent. ':!hen
t l-iat hae been dons i'i; \Jil l be pr oper for y ou to sec1u·e 0_.. :ocut ion
of the agreen-:rnts by 111 homas Love anc1 :retu.1·n t hom to me for e-«:ecu tion oy t;1e n nion 2ac i fic Coel Companyo
o.s p1·ene:reJ rnc1 i.f

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THE UNION P ACIFIC C OAL COMPANY
XN RI!ll."LY l'L JDASID RJ]II!'I Ol't 'l.'0

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2 - 8'78

Cheyenne, V/yo ., Octob er 11, 1920

llr o B o S o Brooks,

General Ee.nager,
Roc k Sp rings , './yo . ,
Dea r S i r :

I understa nd tha t i.:r o Tbomas Love ba s been
op erating the Opera House a nd i.mus ement Hall a t Su"!_Jer i or ,
since July l.
1.Je have n ot r e c e ived any re port or s t a tement

of his rece i pts fr om the s e concessions, ne i'Gber h as a
commission been rece ived by the Company on b is re ceiptso
~ven though th e contra ct ha s no t been ex ecuted, I thinlc
r.re should b a.ve a sta tement fro m 1.: r o Love of h is business
a t ,Ghe Opera House and Amusement Ha ll s ince July l, a nd
if a r a te ha s been decided upon, ·c ommission should be -paid
to the Compo.ny e a.ch month o
You:rs respect~ully ,

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UNION PACIFIC SYSTEM
U1'":ION PAOIJ;'IC RAXLROAD COMP.ANY
OREGON SHORT LTh""E RAILROAD COMPANY
ORJ!:GON-WASE;INGTON R , ULROAD &amp; NAVIGATION COl&gt;:CPANY

J"OB:N A. BENNE\v.ITZ,
CONTRACT ATTORNEY

H ,16 DODGE STREET
O :MAHA. NEBRASKA,

August 30 , 19200

r

Mro EoSoBrooks, General Managers
The Union Pacific Coal Company,
Rock Springs, Wyomingo
Dear Sir:

Referring to your letter of August 19th enclosing
two copies of the .proposed contract. with Thomas Lovep covering
his operat ion of club privil eges, news stand, etc ., at t h e Hanna,
Reliance t'l.nd Supcri or c amps :
! ho~e gone over this contr act and feel that the

:form of it needs some revision but before attempting to revise it,
I wou~d like to ask you whether yov. see any objection to making
three separa~e contracts covering the privileges ~teach of the
camps, respecti velyo
be

I t strikes ma that this arrangement would

pref erabl e especially inasmuch as the term of the gontract as

it respects the Hanna location begi ns a couple of months prior to
the term respecting the other l ocationso

Wi ll you p l ease advi se me?

Yours t ruly,

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. · ine "'u..icrint en deJ1 t 0

Reliance , •. yo1ain ~.

Retur~ bill for _; 53_ 36 ag3.i:lot .:ohl
L o,:re.

Until :fu_•~~ber :..:dv i sed by Audi tor

o:1e, -~:;o.inst t !re :1el i cnce Store~ on your

-!Oney but 1.mst p..1.y the r e,1t ·.md :u ·:1t be-

fore t~~in~ any or ti.e cor...:.: i &lt;;::d ens .
Your i; t r uly 0

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�THE UNION PACIFIC COAL COMPANY
U'I R.JllPL"l!' p;c.tDASlD JUDFlllR ':I.'&lt;&gt;

01l'B'I0Jll OD'

___]J'J.ine.--.Su.peri ntendent 2

NO,

Superior,Wyomingo
August 19th 19200

Mr EoSoBrooks
General Manager,
Rock Springs Wyomi ngo

Dear Sir:Herewith plea se fin d a li s t of all
furniture a,nd fixtu:res connected vii th Superior
Opera House and Amusenent Hallo
Opera Houseo
190- Folding chairso
24- Folding cha irs (In ne ed of repa ir)
20- Window s hades o
24- drop soclcets and globeso
1- Kohler a nd Carapbell Pianoo
2- Double revolving Fanso
1- 20 ftola ddero
1- 6 ft , l"ad dero
3- Coal shovels ( For use in furnace)
1- A:n:e ..

Amusement Hallo
__../ 6- Large bowling ball.so l
1- Pop earn machine.
30- Office arill chairs.
II
t?,- 8- Small
u
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1- wiclcer chairo
I l• Coal shovelo
5- Foldi( ~airso
~ 1- Steel floor mato
1- Round·arc table ( Broken)
YJ.-Bowli-ng
Alley ----~ ::~ ~ t e
1- Round ce cream table
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L• Fountain back bar and mirroro
13- Globes and shades.
l- 4r} 1 x9·i-• Pool tableo
15- Cue sticks.
J.- Ball ra.11rlco
2- Bridgeso
1- fable marker.
1- Gal"Vl,l)Jized bucket.
l 1- Mill broom
~.,.,,.,,.,
l/ G1- Set of 10 !?ins o~
Yo~rj truly
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�C O P Y

Rel i ~n ce, Wy o . , Aug . 19 , 1 9 ~0.
To n Love.
To

THE Li, l~.1.. l- \ CI F I C Cl:OA.L CO., Dr .

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The Unio n P a ci f ic Cc al Cc .
P.lld

Cov1::tir:g builfi n 0 a at Ji;2nn~. Lel i a.ne e_
'\i.1. Supe1.·io_r f o_r p1.n·.!.)O~C of conduq_t-· _
i nc: t.ne-::-cin ovi nb l:' i ct.u, c Si'...vv,s , _
~a.-::-be:t· Sno~1.1 1 ]jo ol .ii ·11s . B;.t\•::!..i nba _ -·,1..... leyc , &lt;:.;tc-!.

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v.sed in
co;;.necti "J?l n i t .. ca.en B'¾-t' bcr
liLop '..lml 8'';, o f t~1c gro os
1~cci:··.-.s f r om oth er conc0:-ri.ionc ;,,t :i!nnna , Hc li -::i .nc e
,n~ Su!_c,·d_o r.

Ap ril ZOt n , 1921.

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�'.i:'hio .l\ e:;roement . ma.de nnd cnter etl intc t i:-1is

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'lhe 1.mild.ing i'.!.t Hc.:.."lno. 13 h c 1·cby leaccd, l'l'.'Ol~l

eff ective :Jul y first , 1920 ,, f u r 't~},_e: ;our_:_) oDe ontlinGd in the

for ti.1.e: r,t•. le of ru-i.y othe1· .::-:· tiel oo ;

at nll time::; be 1wpt in c. clGc.n, tidy c.n&lt;l :'L' ni'har·y co11d i t i ou.

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Wd i tiJ) s aold ·oy l.ti m oho.11 not e x cc0d t:::w ;,J~ 1•1c0t :.)rice r:;v..r-

:rcnt for t he DG'1e

t, ;r. sinj.l.u:

C,1Dl1.H5

articles in 0 i t h er of -tl1e

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by t h G Le n:::oc to

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Interm:J. ::r.veuuc :.1 011t.11·t1r1e:i:it.

In calculet il'l{~ tho ; ,el~eent cge of receiHt 13 the
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tizia Shall be 51•0~::-, sru cw 2nd receipts. :i.n Hrm11a , Hcli&amp;,n ce
antl J u psri.ox, , t"llte'ti!er the
i :.HJU&lt;.-: d

~ D1;1e

be f or Ca::3h .ox· foi~ o!m.pons

by the :Jtore of 1che L c }.;:Jor 0 ict11etller GUC;1. f:i t. .leo 1:1,re
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e:;,;T·~~;cntu.t ivc ul w.1.J. h e.vu t h1:.i l'iGht
h e . ,ercrncc at

'i:.o inspect the 'bo oks of

m-iy t 1m~ for a.\'\y 1:iurp ose coHnect r-) d \7i t11. t iiic

:::;er·vice in connec t i on Y1i t .L. the bus inouG ::-,liove b e nt i ot1cd

~.,ou,.71tcin ~~_.,&gt;::zr.::i-ntus.; etc., {;;1ro:_,c,z&gt;ty of

o.t

i ~:e L.1G:rnor) at the

r c.:,:iou r:; Cc:&gt;..:..:;&gt;3 h ere i n twnt i on0d W• d ch a l'0 inc.h.uled in 'tl1e
il&lt;rn.oed : ;rel!lioc1J, it. beinE undvrct c?oc~ and a greed that the
~••" seo in t.heir us e will e ,-; erci5 c t he :m,e c a re ,w :i.£ tho
p,rtiol e'.., v;crc 1::.is rrnn ::na r .: --tu-1::n -~-I.&lt;.:.i: c:',t t h e tm:~linn.tion o:f

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in c.S ;,:ood ct::n~l j t i c n 1:••.~ ~'i1cn re11e i ved • O!"-

IUinr.il"Y -rit~n.r nnd t~ar c:-~oc:Qted.

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A.uguet 19, 19200

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.: r. john A. Benuewitz,

Contract Attorney,

0~3.ha., i'iebraek~.

Dear Sir :

Herewith t ~o co~ies of propofied contr~ct
ni th .: r.- Thoma s Love c ove'!"ina hi u oreru.tion
o f club Pl'i •1ileges, nevJS at"1.nc, e t c., a.t 'Our

until. "\pril 30, 1921, for

llPP"L' OV:1.l

::1$

to

E.!.ve r:ri t,ten o t~r ::ine Super.inten'l.er..ts a'c

the camp.a 'lbove menti oned for a. li ct of ?urni-

ture c f i xtu~es 0 etc., 3nd ~s soon~~ rcceiv~d
. .-1ill ha.ve the..n incorpl&gt;rated tlle.rein 0 sending

you. a. copy o:f the completed documer..t for
your files •.

This embodie3 som~ s ureestiona

'

off ered by you in your lett~r of June 22 to

:Er: Loomis, fil'e ,\-180.
Yours truly,

Lncle. 2.

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Augu nt l 8~h, 1920.

ilr o J . . 0~

Holen 0
ffi.ine Superintendent 0
Superior,. \':yomi ngo

Sever-:il mo n t h s :1.~.:.o

of Club p.ri 1:ileg es n.t y o v.r
U!)

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C .lmPo

reques ted a li s·J; o f

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yonr o i fice on the telephonG a.nd rn:1cle the

c :.'!.l led
s·:i.rcle

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t::e h'1.-.-e bee n ::1 ~ld ing
t h is mrittc't' open pendins its

rc cei!'t•'

"J'ilJ you k indly see th~t i t is fortilco :Tiing

Yo urs truly,
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f'.:iuo :3u_&gt;eri.ntonr1eut 1

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nnd ',.:o :Alt.l. hasa .10 u:;3 for tl.a cc;:_J:::..,y o .
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THE UNION PACIFIC COAL COl\1:PANY
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THE UNION PACIFIC· COAL COMPANY
OB'IJ'.tOl!I Oll'

Reli.inoe, 'llyoo,
July 31, 1920 .

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Mr. E. So Brook:; ,
G0neral Ma nager,
Rock Sp~inga, Wyo.

pear Si1• :
Following i s a lis t of property turned over t o Thomas
Love, l&amp;ssea, of the Cl ub House , a t t his Camp:
3 Show Cases,
l fi ve foe~,
II
l six
l ei ght "
6 I ce Cream Tables
24 Chairs
4 St ools , lµ gh,
l Soda &amp; Ice Cretllll Foupta.in
l Bu ffet
l Gasoline Peanut Roaster
l El ec t . Malted Milk Mixer.
l Carbonizer,
l Hot ~at er Percolator.
l Gasoline Chilii Stove.

4 Cur d Tnble~
l Po ol Table

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1 Bowlinr; Alley
1 Set Ten Pins.
1 Set Duck Pina .

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6 Ten Pin Balls.

10 Duck Pin Balls.
l Compensator &amp; Inductor.

2 Moving Picture Machlnes.
T.uese machines are old and have beon discarded
by Mr. Love . He has ins talled a new machine of
hia own.

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THE UNION P A C I F IC COA L COMPANY
J:N JUJ&gt;P L Y PL10Af.l lO ~U&lt;IN1R TO

Ol!'lrlO.e O,r

NO.

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t.e11~1 • q 1 : ·~·.n-i --i:r

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CJ.,:.1:- Roo;-:.

1- .~o-~ A:!!' Ft!r~a.ce pl? nt COr..!'l et e 1:!i'l-J: 5 !'":'.rl i 1.torB

~- 4 ~ S Pocl Ta bl~s

l - Cue B·~cl::
8- Bill i 8 r 0 B~ll R~cke
1- ;·· ••• -:'oo.!l La~e.tory
l - Ba:rh'9'.iJ A Lt&gt;.v a t ory

1-Ki tcn.f'r: Sir.k
1-F.i::-.\·;~th- ? t~.l k ir. 0 ::e chir..e
l~- ~ 1 .ectric Li ght Fix•~1'.!'e s

Q"PFRA HOUBJi'
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1-Get St age 8cen e r y
2- Hea tine; St ov es
358- Fol din~ Ch ~i r s .

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!!ir.e SUper i ntendent .

�,sTANOA.RO

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Agreement With Tbos. Love covering
lroax :uou
Opera Houses

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IN XU,P.LY :t&gt;Ll!IA.Sl'l Rllll1'ER
Oll'Fl:OJD 011'

AUD I TOR

NO,

Cheyenne , '!'/yo., Ju:J_y 30, 1920 •

lir o E . S • ~rooks,
Gen eral 1.J.ana ger,
3.ock S:9rin gs, 1Jyo.,
Dear Sir :
Re i erring to your letter of July 29, r e l ative to lease
of Opera Houses a t Hanna , Reliance and Superior to Thoso Love:

I ha ve been hold ing this mat ter in abeyance ~ending r e ceiyt of the new agreement o

rJhen you receive lists of the Company

pro perty in 1)ossession of Er. Love a.t the three camps, vrill you
kindly send me a co-py which \7ill be of assistanc e in determining
the revenue from the Opera and Club Hou ses, should be distributed.

h0\7

In the meantime , I rrould suggest that the l:ine Su·p erintendents t ake
into a ccount on t heir Rent Re~orts, the r egular renta l that they
have been ch a r ging for Rent and Electric Light,from these buildings.
Adjustments can be made of the revenues collected, after a basis of
distribution has been a rrived at.

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Yours respectfully,

.J

/« Cc-, ~-.. ~ ?.
Auditor •
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XN RIOPT,Y PLEASE R Jl)b~J';ll. TO

O ll'll'J:OJD O F

Hanna, Pyomi ng J ~l y 28t h, 1920 .

Mr . E . S . B:r.ooks , Ge nerR1 ?1 .. r . ,
Un i on :!?a.cif ic Oo.e.l Co~p0..ny ,
Rock Spr i ngs , ·1yom:i.ne; .

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Sp::- in~s I '.:nde:cs t ond i;hat

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Br i f;GS would meJ~•J c o lle ct i ons f r or.1

the s t or e .,70,~11 6. r si t a i n on l y e. c erta i n an:c·,m t coJ.le c ·cca. aj"\rl t;u.r n
ove r 02.l e.nc a i f ;;1.n y to t h -:i Coa l Depa rtnc~'lt.
?~r Lov e I s

r~c8 i p t s

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for rcont h of Via~r n.nd J uno ;,7 a e, a J.i tt l e

ove r 3000.00 each month which wo1.1.ld. make ·the c olle ction b y t ho
st or0 e.11!01.m t to a.pp~oxima.t el !' 340. 00 e0.ch month. Ou.r bill 0,~ a inst

this e.r-:o,J.nt for mon-'i; h of Hay

for r e nt, lishts., 1.'lo.t e r a nd coa l

a !i!ount ed t o 75. 50 and for month of Jtme 65 . 50 which would l ea:ve
f or the sto?.ea.ppro xi i:'!a.t e ly· 1 65 . 00 p er 111ont h f o-r ;l1 c1.k i n~: the
colle ction s . I n "Ti e-::r of t he f a ct t ha t ,,:,e lfo~p l'-P t he r ep::i..i:rs o:o. t h o
bl.1 .il1ings a.nc1 d o other thine;e ne c e s sa:ry to ::i!S.ke -the pla c e a si...1.coe s is
/

I e,m of the op inion tlw.t

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a.mount coll e ct ed i n q,dcl ition to amount charged for !'r-&gt;nt, lights;
wat er and coa l and if I understood you correctly such ~as the
:'latt er hancll 0d.
Yours t!·ul~r ,

· :ino SUpr.?T. int'1ndent .

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.Agreement ,•1ith Thos. Love covering
Jl'O... !J1oa
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Opera Houses at Relian

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THE UNION P ACIFIC COAL-COMP AN"{
4
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;so.2 - 878

A U D I TOR

Cheyenne , V/yo. , July 28 , 1920.

s . Brooks ,
Gener al lianager ,
Ro ck Springs , '.Iyo .,

liir. E .

Dear Sir:
Re f erring to your letter of July 8, ac1vising th at a new
agreement with 'J~hos. Love n ould be dra,·m up , covering Opera !louses
at Hanna , Su~erior and ~oliance :
.7ill yoa ·ol ease advise on \'!hat dates the agr eements cover-

1

i ng ?.clic.nce a nd ~u~erior Opera Houses , are to go into effect?
~he c rrsng ement a t Hanna start ed on U~y l, and commi ssions
have been col lected for nay and June.

For your information,in c ase

you h ave not been previously advis~d , the commi ssi ons fo r uay amounted
t o :,'268.40 and f or June 241.89, nhich umounts d i d not include r ental
for Bi:l.rber Sho:9 , amounting to (;10.00 per month.
Yours r espectfully ,

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ce3r.i ons .

:.::r.. Lov·e il:~c .t :!c -tl1ree c::..c:):3- , :-'.~~;1na ,._
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..l..~;rt: : .:..tf l i ·: !rG O c t"c ,

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°710--2•0•~

f30DJ:RC7r, Lease to

Thos. L
1!'0UN!lll03
ove of Opera and Club House at Hanna

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THE UNION PACIFIC COAL COMPANY

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XN R.IOPLY PLJDA8~ JUllF.mR TO

OB'IJ'IOEI OF
:NO,

A UD I T OR

Cheyenne, wyo

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8'78

July 7, 1920.

Mr. E . s. Brooks,
General l\llanager,
Rock Springs, Wyo.,
Dear Sir:
Referring to your letter of June 1'7 , sugges ting that
commission received from Thos. Love, lessee of Opera and Club
House at Hanna be divided so that the store will receive a,n
arbitrary amount of $125.00 per month, and the remainder applied
on the light and rent accounts:
Inasmuch as the maintenance, depreciation, troces 9 insurance 9 etc. on this building are charged to the Real Estate
Depa rtment, it seems to me that an arbitrary amount should be
credited for rent, actual amount for light, and the remainder
credited to the Store.

The buildings cost ~~14 11 000.00, deprecia-

tion charges amount to $43.00 and insurance charges ~}5.00 per
month.

I am unable to figure maintenance or tax charges.

We

have been charging $ 40 . 00 per month rent, and ~~10.00 for the
barber shop.

Whether or not that is enough I am not prepared to say.

It would perhaps be a more eq_u itable basis of division
to credit the Real Estate Department with Actual light and power provided all
electricity used in the' entire building
is measured.
(2) Commission on admissions to the Opera
House, as the Store De~artment is not
concerned in that part of the building.

(l)

.,

�- ·· -·-

Mr. E. s. Brooks (3)

.An arbitrary amount representing rental
for the Club House.

(4 )

Rental from Barber Shop (~~10.00 per month )

Such division would l eave the Store the commission on merchandise sales, less an arbitrary amount for rental of Club House.

Thia

matter is however, left to your judg¢hient, and if you decide that
~~125.00 for the Store's proportion should stand, I will issue in-

r structions accordingly.
For 111:ay , and I presume for June also , the Mi m Department
billed for ~~40.00 rent, $100 00 barber shop, and actual amount of

light, the store retaining the remainder of the oommissiono
Yours respectfully,

__,,..

Auditor.

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Rock Springs - November 20 , 1924.

t.:r. Eugene McAuli ffe :
I ha.ve your letter of the 18th instant , together with memorandum
covering cost of combined office and store buildine; .

Have checked these figures

over with Mr. Dickinson, 'flillmire and Swann and the cnly discrepancy I find on the
co~~ o~ pr oposed building a t Rock Springs is th~t under head listed revenue, you
sho,;1 the rent als by years and the rental pai d by the Engi neering Department by
mor:ths. Instead of ,Jl8.00 the re should be adde d an annual renta l of .,;222. 00 ma&lt;ing
the total rentals J 7 , 782 . 00 inst ead of . 7 , 578 . 0J.
'.'!e have gone ir.to ti1e situation quit s fully and also have given
considerution to buil1ing a storage vault which you may understand has come up
annua lly for the last five years .

\.'o develop t hat a st oro.~e vault fo r dead records

for Ur . Tallmire, the Ass istant 'f reasuror , my office and f or the Engineering Departl!lent would only give us t empora ry r elief as •.:e still l'1ould have to give concideration to 'Juil din5 a stor age vault connect ed \'fi tll the Enr;ineering Department for
the storai e of valuabl e records ,:,hich they have at pres ent stored in wooden cupboards
and other receptables \'Ihich constitute a f ire hazard.

It v,ould oe impossible to

store t hese r ecords of the Engineering Departuent in a common vault on account of
the inconvenience of having to go and get these records every time they were requirad.

·,le figure that to give the necessary vault accommodations to the Engineer-

----1.

ing Department and also construct a general storage vault v10uld cost in the neighbor-

.J

hood of J15,ooo.oo.
,'le no\·t come back to the que=ition oi constructing a three story off ice
bulld.ing, tentative ple.ns of v1hich were made by 1lr. S,·,ann about t\'lo yee.rs ago.

I

am not advised as to r1hether or not you are fami.li1:1.r \'Ii th these plans so I am sending prints to you so that you might look t helll over.
t~r. S•:/8.nn estlm::.tes that a buildlng of this sor\ for a general office
,0 ·. i ldin..,. ,
0

and accolllJnodations for the tiouthern ':.'y oming Electric Comp11ny on the

ground .

�I

- 2 -

r

,r;,-

,-, can be constructed at a cost of about ~85 , 000. 00.

In this building would be

_?roper storage facilities for all Dopart~ents for both live and dead r ecords .
I f we do not c onstruct a building and decide during the present year
to b uild the necessary storage va ults , as has been stat e d , it will cost $15, 000.00.
'lie have taken the new building at ~85, 000. 00 , given it a credit of

.;15 , 000.00 for storage vaults , then havs taken t he ~70 , 000. 00 and developed t he
following :
I nter est
Taxes and insura nce
Depreciation
Janit or s ervice
'Hat er
Fuel
Light
Mai ntenance
Total

,J 4 , 200 . 00
1,400. 00
2 , 100.00
1 , 200. 00
100. 00
500. 00
100.00
700. 00
-

o-ro--;Joo.

yea rly

"
"

oo

Against this we haYe f i gured as a credit:
Rent, S::uthern Wyo Electric Co.
'./' 1 , 800. 00
2, 880.00
Rent , Auditor and .Ass 1 t. Treas. Dept .
Rent , General Office
2, ~80 .00
Rent, Engina er' s Office
222.00
Janitor Service, Engineering Dapt.
500.00
,,
Coal , light a.-.id ,,at er
1,
350. 00
i!ages , 1:1essen6 er and Junior Cl e1·k ,
ll1r. 'l'@.ll t1ir e ' s office
900.00
Total
- ~ y ,532.00

yearly
II

"It
If

"
"
"

:.no , 300.00 minus J 9 ,5 32. i)O leo.ves a o a l anc e i :'l the red for the new
building of J 768.oo.
Tharo is 11:, doubt but that a great i mprovement in economies would become apparer.t by ha1ring a general office buildi:r.g and certainly ui th all of The
Paciflc
Union/Coal Company family in one building, \"/orking 1-mrler r:iore favorabl e conditions,
cconon~es would be accomplished, nhich Y1ould more than offset tnis apparent deficit
1

of .,,, 768 .00 annually.

The old building t hat Ur. S\·1ann now occupies could no doubt

be rented as a business house or rooming ilouse for a rente.1 large enough to overcome
the appurent annual deficit .
Ho..-;ever , g;iving consideration to all .:i.nt;l es of the situation, ne feel
that instead of starting to work out ths details for a building now, on account of

1

�•

J

-

- 3 ,M fact that the budget items must soon b e submitted, it v10uld be better if we gave
more detailed consideration during the year 1925, as we f eel we would then be in a
much better position to give intelligent cons ideration to the whole situation and
certainly ,;ie cannot be any wors e off under the present conditions for another year
tha n we have bee n for t he last f i ve year s.
The estimat e we 1~ de does not include an item of -~20 ,000.00 which we
are now carrying for insuranc e t o cover v a lua ble records in the Engineering Department which may b e lost on a c count of fire .
annually.

Th e premium on t h is amounts to $200. 00

If we had a new building r, i th good f i re proof vault s as r,e contemplate

building , this item could be practically cut out.

When t h es e i tems a re g iven con-

sideration, it would seem that v,e \'1oul d b e justi'fled in bu ildi ng a new building .

,

I

l

�SURGEON'S CONTRAOT.

I I

'b

~is oontraot entered into this !st, day of April, 1924, by and between
th e RELIANCE HOSPITAL COMMISSION said Cornmiaoion constituting of throe employees
of th e Union Pacific Coal Compan; employed at Reliance as provided ~n this
a~ree~ent and assigned at Cheyenne, V7yoming between the rep~a:aentat::i.veo of .
District No• 22 on tije United Mine Workers of i'.)nerioa and The Southern Wyoming
Coal Operators Association; PARTY OF THE FIRST PART AND DR , JOHN E, FUHRER,
party of the SEOOND PART, all of Relio.nce, Wyoming.
WITNESSE'l'H: 'faat in all ca ses or injui'y to a nd of eiclmeos of employees
of THE UNION PACI FIC COAL COH?ANY including their f amilies nt Retie.nee, Wyoming
t he said fARTY OF THE fiECOND PART for and i n conuideration of t he COVEiltd:I'S a nd
AGREEMEHTS here inafte r cont ained agr ees to perform all ·the necessary SURGICAL
and t~DICAL services fo r t he treet men~G of se.id employees , provid ed that accidents
accrue on the \'lay to and from or ill or about the mines, e.nd a ll diseas es that are
contracted i n t h e Camp of Relia nce . The party of t he S"CCOND Pt.HT agr ees to furnish
o.11 ne ceaaa1·y SURGICAL DRESSI NC-S for the s a1ne at his offi ce . or nt t h e home of the
employees free or char g e to t he empl oyee , except fo~ OB3TI'TRI CS , MID'JIFF.RY (This
to include cases of mia-curria ge) VENERIAL DISEASES or diseas~s r eaultinG f roE
IM'IBJ:TERANCE and DI SE ASES Ct,LLING FOR VACC INE or SERUM TREATi'T!:I'fJ' •
The char ge s for obs tetrics sha ll b e Tl:'ENTY F:[VE (25 . 00) DOLLARS ; fo r
tiIS-CARRIAGE' T':/E i~TY FIVE (2,5' .OO) DOLLARS• Th e p oyment of thes o fees nnd tho fi rst
coat to me of' the va ccine a nd ser1.,m t o be guaron"tee d by t ho HOS?I'i'AL CDr.1.'.I SSION.
THE PARTY OF THE F:rnsT p/,RT aGr' 0 O S t O po.y t o T'ffC PAR'1'1 OF Tfih SFCOND
PART for su ch s ervices, rLEDICTIJES Aili) $i,Rr:I CAL DRES'i lliGS t he s ura o f 'l"\'.'O ( 2 o00)
DOLLARS pe r capi·~a of all employees at rtelion oe, Uyoming t1h o s hul l be nss ocsad f or
the Hoa pit el Il'un d upon t h e pay r olls of t he Union Pacific Cool Company .
In a ll ca.see ':.'HE ? ARTY OF THi: SECOND PART n[;reos t o r:1nl, e rcpo r✓.;o t o 'iliE
PARTY CF T'riE FI RST Pi\RT and to THE U1JIOrl PACI FI C GOAL cm.!?MlY a l'ld -to U3 e all
dilieonce and discr etion in as ce rtai ning and r e co r ding all fu cto be ar ing on ·iihe
cause of t ho a cci den·l; t o any and all employe es.
Tao said PARTY OF THE SECOND PART i'urt ho1~ ~gr e es that in the co.oe of
employees t ransf erred to th e WYOUING Gi='. NERAL HOBP I'I'AL a t Roclt Spri ngs eit h er
for Surgical or ?.b di ca.1 -tr eatment , to perform all s urgicol nnd medical t r eatment
for s a id porson, oud i n considero:tion for the s aid s er vicas TI-a; F ARTY OF THY,: FIRST
PART agr ees to pay to THE PARTY OF THB SECOND PART the Gmount of ':'JIIR'l'Y {30.00)
DOLLARS per month.
No indebtedneso shnll be incurred for the Commicsion of t he Union Pacific
Coal comp~.ny \7ith,ut spe cial perr.,. is sion be i'crc cont ni.ct ing the omneo
THE PAR':'Y OF THE SECOND PAR'l' agrees to use all diligence to i:1eJ&lt;0 knorm hi&lt;;;
• wherabouta by Te lephone or othe?'1-n.se in the ev on·i; ho is o.bsent from the Camp so
that he may at once b e loaated.
THE p t-ETY OF THE SF.COND P AJtT agrees to treat all di s e nses of th e DYE EAR
NOSt;: or THROAT as lend os the services of o specialis'ii o.:re rio-ii t1oeded or requi;edo '
It is further understood the.t THE PARTY Oli' 'l'HE S1'!:CDND PART shall durinrr all
days of the year maintain "OFFICE HOURS" ,1hich shall be plainly ma rke d unan ·i;he ..,
door of his oifice, excepting the first and third S u ndt&gt;.ye of the month d~ing tl10
SumLJer months \'l ben the mines are not norking but t 1::o a11d throe
R week
This e.greemant remains in force until April l, l9~!3!incl mnyba ;;rrnii'l ·i; ' ~ , ---at any time for causa upon 30 days not;.ce being given t hercP. by Th.~ PARTV 0 , rr~ , ecl
FIRST PART to THE PA RTY OF THE SECmlD PART or by simila~ oti'Ce 5iven by. ··m ; ••l~
1
OF '11iE SBCUND PART.
.l .u, PAn.TY
IN ffi'l'NESS ~HEOF' the parties hereto hove s0t their hands
Elt'ld seals t his
let day of April A.D. 19240

c.~pr

Party of th~ first part
Party of the Second Part

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thor.ein ii()vi.nr~ P.icti.m~ Show,.
Barber Shop, .J&gt;ool .H..."..1.1., ..Bo'.lb_
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tor pltr:,o se._of c.om:l~ctine,.

B..cn ►-nl_: ~il0.00 per month for
spa.c e , ·::3t!'.'.,. '.lnd lirrh t used
5.n connoction with .Bo.rber Shop
a.:1d 81 of the gro::?s r(;!ceipta
from other c~ncessions.

l?.!3::-iod: __..Ot.o ye'lr frcm !:ay I ,

1920 .

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�. Rock Springs

IC COAL COMPANY

MINE N0.8

D~~gua t 30th, 192 1

'y TIME REPORT

. .

192

G 21 S000
HRS.

RATE

~1068

~2

.99

µ. . 611

-

.99- II

II

Timber

.86¾

II

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Rock Drill

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CHARGE TO

WORK PERFORMED

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Rep. Track

ik:aintena.nce

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Fans &amp; Overcast

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H&amp;M ,Mo t or and

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�l'.!.'HI S AGREElTENT , ma.d e e.nd entered i nto this f irs t day

o f May, 1 920, by a n d bet we en THE UNI ON PACI FIC COAL COL'IPAlIT , a c orporati on o rgani zed under the l aws of t he S t ate
of Wy omi n g , l e sso r , par ty o f t he f irst part , a nd 'l'IfOMAS
LOV'.'il , ofITanna , Car bon County, '..&lt;yor.oing , l e ssee, party of

the s e cond :part:
WI TUl:iJSS~ 'i'H :
'UI:I~EAS , t h e party of the f i rs t part is the oYmer

o f the c e rta in prope r ty i n Hanne. , '.!y omi ne; , upon v,hi ch i s
si t uated an Opern Ho use containing : Cl ub Rooms, Re ad i nr;
Room, :Pool He.11 , BoYTli ng Alley a.nd Sales Room.

TilffiR~AG , the pa rty of the second pa rt desi res t o
l e a se the premis e s above described , f or the Durpo se o f
conducti ng t her ein a Bar ber Sh op , Pool Hall , Bor,ling
Al l ey , iJeu s Stand , e tc.

Al.so for the s a l e o f 1'obacco s ,

Soft ~ rinks , Ca11di es, Nu ts and I c e Crea.1;1.

no·:; , '.i'll l U FORS , the pa i~ti es hereto a g r ee u s f ollo\'rs:
l.

'.l'he par ty o:f the f i r s t pa r t l e a ses t o t h e par ty

o f the second part from month t o mon th , 'begi nninc; on t he
date o f the s e pr esents, t hat certain buil di n a in Hanna ,
\!yo mi n e; , knoYm as the Opera House , f or the pur p os e o f con duc t ine; there in a Moving I.&gt; ic t u re Show, Barber Shop , Pool
Hall, Bowli n ~ Alley, :News Stand a nd f or the sal e o f '.l.'o bacco s, Soft Drinks , Candy , Hut s and Ic e Cr ean., a nd said
premises sh a.11 not be u sed for rmy o ther pu r pose , nor f o r
the s o.le of any othe r a rticl es ; that s o.id Oper a House and

the rea ding r oom therein sha ll be kept in a clea n , t i dy
and ~anitary condition .
~ - - - ----==

The oeconrl p~rty r epreoento t o

= - - = = == = - · -

�. . . . ~- •·
I

••

--.

·.•
•

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.

~ . ,~

�tax returns made by the Lessee to

the Internal Revenue

Depa rtment.

3.

I n calculating the ~ercentage of r eceipts , the

basis shall be gro ss sa1 es or receipts in Hanna , whether
the same be for cash or f or coupons issued by the first
party's store, whether such s ales a rc f or cash or for
credit, and the same sha ll be asc ertained monthly and paid
on the first day of each month.

'rh e r·irst party's repres-

entative shall have the ri cht to inspect the books of the
second party at any t i me for a:ny purpose connected ui th
this lease.

The party of the second pa.rt agrees t o accept at par
as payment for any article solci by him , or for the rendition of a ny ::,ervice in connection ¥.ri th the busine2s above

mentioned e.t Hann~ , Y/yoming , coupons issued by the fir5t
party' s store ~t H~nna, 1 /yomin~ , o.nd the party of the first

part agrees to redeem s a i d coupons in each, at par, on the
f i rst day of each month follouin~ the month in uhich the
same were received.
4.
This agreement shall continue for the period of
one year, but TJJ!JY be termina ted by either l.')n.rty giving to
the other party thirty (30) day's notice of ito desire so
to terminate, and that at the eA1.)iration of said thirty-

day period t ~is agreement ohall be terminated; provided
that for breo.ch of any r epresent ation or covenant h er e in
contained, · either perty may co.noel end terminate t h is agreement, ,11th or without notic e .
I N ~-!I'.i'H'J1SS zrrrmREOF, the po.rties hereto have caused

�the same .to be executed the day and year first above
\'Tl..i t ten.

.._.,

~\ Witness: ;
;J

\...

'.t'H:Z mr J: zACil!'IC COAL· COiffP ANY'
By

~~ / ~ l?'?/--r7/l,6

General i'.ianager
Party o:f the first l)a,rto

·'

Party or ~ne S"'Cond
- - -~nrto
n

.,_.

\

�•

- -

· · -·· ·

j

..... , ..

'

File A-180

,r-

Mro No H.

Loomis:

I return herewith agreement between Thomas 1,ove
and The Union Pacific Coal Company covering the operation of
the Opera House and privileges at Hanna, Wyoming, wh ich was
submitted to me with your letter of June 14tho

r

I observe that the agreement has already ·been
fully executed.

It seems to me from such information as I can

,·

j gather
from the contract itself , that several points may have
been overlooked in di·awi ng i t. very likely the building con-

•r

tains furni tu.xe and fixtures which a re included in the lease but
· nothing is said therein ab ~ut the ownership of such furniture
and fixtures,nor is there a schedule attached to the l ease to
. identify themo l!'Urther, if such pe rsonal property is leased,
.i. there should be some provision in the agreement imposing u~on
~ the ~essee the obligation to give it proper ca reo

j

~
j
~

1,

-.;

~

~•he liability for maintaining and repairing the
contract.

)-.,,,

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\'J hile a charge of $ 10000 a month i s indicated to
pay for water and light, nothing is said about the heating and
this should also be covered by a suitable provision.

d
Jf
'\ i~

r imagine that the £essee will continually be exceeding his rights under this lease in the nature of merchandise sold
by him as the limitation as to articles to be sold is probably
more restricted than \Vas meant. He i s specifically prohibited
from selling any other articles than those mentioned and those
mentioned are tobaccos, soft drinks, candy,nuts and ice cream .
~his would preclude the sale of fruit and other articles which are
usually and properly sold at a refreshment stand.

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09

S'OBJ~OT:

,,-...

Lease of Thos. Love covering Oper~ and Club House at

THE UNION PACIFl'C COAL COMPANY
OE'Jl'ZO.lll OF
NO•

A U D I T o R

2 - 878

Cheyenne, V/yo. ; June 16, 19 2 O.

s. Brooks,
Genera l Lianager,
Rock Springs, \'Tyo.,

I.ir. E .

D1e a r Sir:

\'!ill you please advise whether monthly collect ions"'
from Thos. Love , for rent a l and commiss ion on r eceipts from
Opera and Club House a t Hanna , will be made . by the 11ine Office
or Store?
,..l...

,

\-Jill you a l so pl ease adv ise, whether collections h ave

,._/

'

been mad e for the month of iJay and if so, wha t disp osition was
made of the receipt s?

Upon receipt of this informa tion, I wi ll

issue instructions as to how reports should be rendered and the
transactions handled in the accounts.
Yours respectfully,

1/._ .
I•

�r
IJ"Oft3ol 100

.,

~

-- ~,., Cl&lt;.~

'li"IHIIE 1IJN:U:@N PA&lt;CJIFIC
COAL
I.'

W,_D, BRFlNN-A'N,
GE;NEAAL MANAG&amp;FI

J une 14, 19200

Mr. N. H. Loomis,
Corporation Counsel,
u. P. Bl dg. I
Omaha, Neb.

,.--....

LAW r)E"PT~

JUN 1 6 1920
U. P.R. r&lt;.

Dear Sir:
Herewith agreement between Thomas Love and
this company covering the operat ion ofOpera
House and privileges at Hanna, V/yoming

0

Un der the ol d basis we made nothing on
the deal , whereas under t re pre sent scheme we
are getting B.% of the receipts.
This form of contract, go tten up by the Law
Department at Portl and, I believe1 has be en in
use in the State of V/ashington for ten or more
years past.

If the document is approved as to

form and execution, will you kindly sq endorse
and r eturn to me?
Yours

h-...1!_.

�r -

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Cor ) orati on Coun~el ,
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ll .ve you'.!'3 C) t :1 r c l ·;..tive to ::kli~ nee Club

Hot~ae.

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uo so o11c1.~

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BOJ3Jlllorr

Lease With Thos . Love coveringope~na and Club House at Hanna· :,

·, ,20 I

\

THE .UNION PACIFIC COAL COMPANY
~ l&lt;EP.LY PLlDASJII Rtnll'Ell TO

2 - 878

NO,

A U D I 1l'OR

Cheye?,ne, Wyo., June 11, 1920.

B o S. Brooks,
General I::Ianager,
Rock Springs, Wyo.,

I.Ir o

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Dear Sir :

I have your letter of June 3, with which yo u enclosed
lease to Thos. Love of Opera and Club Hous e Build ings a t Hanna. o
In 1915, President I:.iohler instructed tha t all Contracts,
Leases and Agreements, should have the approval of the Law Department, before being executed by the General li'ianager.

These in-

structions were confirmed by 1i:r. Bissonnet in June 1919.

I am

theref ore, returning Contract with r.ir. Love to you, in order tha t
it may be approved as to form and execution by .the Law Depa rtment.
I h ave kept a copy of this Agreement,for our information,
until the original is returned to me.
Yours respectfully,

Audit-Oro

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�BOWl,,ING ALLEY
,... "1.QL T ~ BLES

MOTION PIC'J'.~R~ S

SOFT DRINKS

,Rq~H:~ .~Yf~/ 11 U I

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HANNA OPERA HOUSE
AND C LUB ROOM S

- ~,

THOS. LOVE, MGR.
HA NNA, W YOMING . J une

r

11th, 1 9 2 0 .

'.Mr. E. s. Br,oks,
Uice-? r es id en t &amp; Genera l l.I3r.
union P u~i fic C0~l Co,
R.'.Jck Sppings . ·:!y omi nc; .

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F?r the ? ?Jl Ha ll und ~pe rn li?use c onces~i ~n a t
Superi '.lr vnd Relinnce, ''!y~mins , includi ng r~n t o.nd electric
ll,;ht f o r the e ntire b u.ilding , L .., ill "[l':.lY 8,/4• 'lf cros s
business d one . St~re c~Ehi er t J c~ec~ ~ aE iness ~s often

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: lie s ~:;cr.i. --~..tr-•-: &lt;-1t .:u•)t•r:. o :r t r.c: ?.oli.:-nce vre b o th
3J } chairs for Supe ri Jr ::md 20~ cha i:rs
f1r Reli a nceo Fr~m my ex~eri unce ut Hanna i find th~t the
~ l o.in f'Jldin g cho.ir iz the m::&gt;s t se~~vicc.:.i.ble . .11:ile there
:.. re Eevero.1 o ther i mpr o vemen t s t:&gt; be rco.de , a s t1 the
nppe r anee .:-.nd f-:&gt;:c the c 1:nf'Jrt ) f tl.e e.:i.:,1. JY 1,h, s , t ~. ·- ~~ o :..
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nee esso.!"y expense needed ut the pres e n .t time to put b oth
Jpero. ii'1v.ses in a w:,rlcuble c rnd iti~n .
i1, r.ccd of c l airs -

Sh::mld l be ~rante d these c:mccssi :&gt;ns 1 ,_,, il l
ondeavot t 1 ~ i vc t?.. ;:; s&lt;1::r.z se~v irt:i ....t '.': :..~ ve:rior c.-1:c, P.e liunce
as l 1:v.ve .;i v1:-n a t fomna , 0.1:d t J c Jnctuc t st..u:? ln a.
sut .J. cf'&amp;&lt;'.'t'Jry munner t o y0ur C'Jmpany and employee s ,

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Fro0k~ , Gen. ~er ,
Unic~ Pac~fic Coal ro,,

:.;y d ear ;,tr. B:::-0oks :
I c..rr. w:ri t inr- to vou in re e-ards to t ~ e Funr,alor, Clubx
~ouse here at ~eii~rc~.

I mic:ht cay tha~ I he.·,e b en oi;.era':.i ne thP picture
ma.chirnrn hPre since the con:.t11...ctior. of the bui lrl inr ,
I o.rn deej rio•.m to r ,'!ilt the c;e.i.'le , :h3t h, thP Car,cy Store
Pool ~~11 and The ~~~e.

As I have -,o rk e,1 :.:k !'P 3or. lor1r , a&gt;1ri. a,:: "1~1J l&lt;1 erq.lcyer;:i:
of the Corn_pany , c:;c1M 15 years , I ·,ie:h y ou :;ould c_ivc• thiu your
kind anrt ci.lrefull conside:!"r!ticn .
I a;n au~e t hat if yo 1.J. ·.v ill rer.:. t o 1ne I cun 1,ut ..the place
in ouch a cond ition th;;,.~ it will be of benefit to t i,e pv.1:: lic
and all coroerned .
Thz.r.:.&lt;i111; yo:..i i n .;.dv-..nce for your kind c\ !id c a reful cor:u ider-

ation,
Youra ver y truly

)£·/7f~u__
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Pelie.noe, Wyo • ,
•
.June 9 •. 1920 • _ __:Li/&lt;::, L :: •
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THE UNION PACIFIC COAL COMPANY

E. E. CALVIN,

1416 DODGE STREET

PRESIDENT.

OMAHA, NEBRASKA

On Line,, Union Pacific Railroad,,
June 8,, 19200

JA:r. E.

r

s. Brooks,.

General F:Ianager, The Union Pacific Coal Co.,,
Omaha,. Nebraslca.

Dear Sir:
This will acknowledge receipt of yours June 3t with
which was enclosed copy of neTT agreement made with Mr. Thomas
Love,. covering use of Opera House at Hanna.
This seems to be a very advantageous change.

You

should have the operation of these facilit ies carefully watched~
however, in order that they may properly fit in with our
gener al plan f or betterment o:f welfare v,orlc.
Yours

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THE UNION PACIFIC COAL COMPANY

~-6 .:~("')-._-._,
W , D. BRll&gt;NNA,N,
G•NCftAL MAHAOlfll

ROOK SPRINGS, WYOMING

May 29, 1920.

Mr.

s. D. Briggs, Storekeeper,
Hanna, Wyo.

Dear Sir:
Herewith, four copies of lease of
Opera House bui lding at Hanna and privileges
to Thoma.a Love , one year from May lat, 1920,
$10. 00 monthly from Barber Shop and eig ht
per cent of the g ross receipts f rom the
various concessions.

Will you please have

signed by Mr. Love and his signature witnessed'l

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~WLING ALLEY
•.

SOFT DRINKS

0 '- TABLES

MAY G ~ 1920

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GEfllRAL rtflf l ~

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MOTION PIC TURES
ROAD SHOWS

HANNA OPERA HOUSE
AND CLUB ROOMS
THOS. LOVE, MGR.

HA NNA, WYOMING,
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�~mIIW.A\IL~

Ammcewficc®rru IlmmffDll°® ~mii@lll lTh@@lk
SPACIE ADJUSTING,

FLE}&lt;IBLE

DOUBLIE°FACED

WATERPROOF BACK,

lEXTfENSiON ~NDEXo

FLAT OPIEi\HNGo

MANUFAC'li'URIED BY

ROCKWJEJLlL BARNES CCOMJPANY
0

CHICAGO. lfLLINOIS. U. S. A.

IR.EADY IRIEIFIBIRIENCE IlNDIEX

IOTE-DO NOT CONFOUND OUR BOOKS WITH IMITATIONS CHUP OR OTHERWISE,

�SUBJECT INDEX{

Inde xing Oor r espondonco, lrros pootlve o f party nddros sc d. I s ot speclnl vnluo when q u otntlon s nre
sent, pdces nslcod for, li1s truottons Jas uod nod other ndvlces g iven or nsked tor.
NOT INTE NDED F OR ORDINARY CORRESPONDENCE,

PAGES

S UBJECT

PAGES

S UBJECT

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PJLACJE JINDJEX {

Keeping track o r t h o sections of ter ritory to w h ich letter s of q u ototlon hove been Rent. Ci ties or towns whose
l\.ferchnn ts have bee n wcltton on nny subJect-Fnr mers, Officials or others of a ny section.

PAGES

PLACE

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T h e Index Space nbo,•o cnn :ibo be used for ono or more speci al correspondents to whom le t t ers are sent nhnost dally. For tbls purpose nlone
It Is a l m ost lnvnl uabl e. ns It snves reference to the 1,-,_dex In bock of book.

.
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RE ADY REFEREN

Thi s will enab le you to nscertnln at a. glance t h o compnrntlve l ocation of n l etter wri t t en at ..about n certa in
time." Pineo Inst p ogo I ndexed n od date u n d er p r oper
mont h-thus, page 300, Sept, 26, wou l d be Sept. 26-300.

JAN .
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j In back or book. J,'nmllJnr to those who h nvo used our books. OPEN OUT tho Extemlon

EXTENSION INDEX 1

Indes, when tho poi:eu of both book and Index can be e1U1l1Y referred t o,

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C OP Y

Cheyenne , May 28t h, 1912.
Mr o Do Go Thomas ,

W.ne Inspector,
Rock Springs.

in ?8fer ence to the r eport of t t e Boar d of Mine Inspectors ,

i am inotruoted to r eport t o Mr . Manley , August 15th, 1912 and

Jonuaey 15th, 1913, what progress has been made in elimina ting
tho following cr i ticisms :
Pnge 2 • Cricicism- Call s attention to l oose lagging in No. 9 Hine,
exposi ng miners to f all of rock.
Recommenda ti on- Arrange to have loose r ock t aken down and.
additi onal cros s-bars put up so as to make all
places safe •
.
Page 2• c.- Cr itic i ses condi t ion of cr os s - bars and timbers in No.
10 Mine slope, where explosi on happened a few years ago
Cr os sbars t hi ckly covered with dust that is very dry
and i nfl amnable.
R.- Arrange to · remove dus t from cross-bars, would suggest
s pr i nkl ing s l ope roof as well as floor and sides t t
r ock wil£1 stand water and also to inatala tion of
sprays t ong t he slope _~ d mamray • .
Page -4• c.- Recqmmends use of por t able fir e extingui shers and protecti on of infl ammable refuse f rom s t ables with fireproof cloth.
R.- Twenty port~bl e f ire extinguishers have been ordered
f or ins tallation in all mines and additional wi ll be
pur cl1ased as requi red. Arrange to cover cars ot
s t abl e r ef use as recommended.

Page 5 , c.- Recommends pr otecting live wires .
R.- Have swi tches i nstalled s o that the same s yat em ot
switching off current as used in No. 9 Ki ne can b e
used in other mines.
·page 5- 6 c- Recommends modif ica tion in s yst em of mining so that
'
wat er cartridge can be used.
R. - Experi ment s simila r to those now being made wi t h
regard t o shearing should be continued and wat e r
car t r idges should be brought in trom Reliance and
tri ed out.-

�4

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Page Ga,; ·

l.

c.~ Recommends prohibition of u·se of .fine coal tor tamping.
Recommends use of clay only.
See that this is done at once and that plenty of clay
i s kept at -convemient places throughout the mine.
Put this up to the foremen and see that this rule is
enforced.

~ag~ 6•7•8 c.- Calls attention to the danger to which a large number of ■en may be expos.ad by one or two careless
workmen. Emphas izes necessity for· the closest kind of
•
~
supervision of blas ting.
1 .~·
R.- Do not think it nec essary to put on shot inspectors,
but would have the i mportance of the care in the
l ocation of dr i ll hol es and minimum amount of powder
used be i mpressed on the blasters and drillers. W.ne
f oreman and assi s tants should be told to instruct
miners, especially i n narrow work to use every precaution and careless men should be discharge4.
?

Page 9o•C. Calls a ttention t o dangerous practice noticed in rel oading blo\m-out shot , and again calls attention to
lax supervisi ~n of blasting.
R.- Arrange so that a recur r ence of the instance mentioned
is i mpossible •
.Pase 11. c- Recommends concr ete instead of rock stoppings.
B- Have concrete stoppings built and get a comparison o~
the cost of rock stoppinga when rock is laid with
cement mor.tar . Concrete stoppings should be re-··
infor ced with old rope.
Page 11- c.- Recommends block signals. (Are block signals used
in mines t o any gr eat extent?)
R. - Arrange signal lights as recommended in one of the
mines and if same works out, have it installed in
the other mines .
Page 12- Co• Criticizes use of open lights near mining machines
where coal dust is in suspension. Recommends prompt
~ttention be given to substitute electric lights in
•
wire protected globes. Recommends covering inflammable refuse from stables with fireproof cloth whilst
being hauled under-ground. Recommends prohibition
from going into stable wi_th open ;Lights under penalty
of discharge and legal prosecution for criminal
negligence.
Ro ... Have electric. lamps fixed up so that macl!ine men can
connect them to the power line and see 1:t' they can be
used in connection with mining machines. See that the
rules regarding going into stables with open lamps
a.re enforced.

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• attention t o miners h~:if1 tamping bars. Calls
i n their ca ps ; breackes ofnji po;d;r wi t h naked lights
• noted. Criticis es use of sl s; mip ine in this respect
t he miner s . This
a~
xed with clay, by
R.• Install the new tvo~~=:=\~pi~digate loose supervision.
· possible , better take t he met!1 ;ar;sas r apfidly as
Company men
away r om the
Have r
as soon as new wooden bar s are received.
oreman watch the handling of powder and see
tha t ru1~s are enf or ced.
'

Poge 13• c•• Recommends copi ous use of water to avoid danger ot
• igniti on of dust in s uspension.
R. • Continue t he use of water fo r sprinkling and have ail
hauling roads and ai rcourses lept damp. Would order
a number of sprays and have them installed on all
intake a i rways .
/

Voge 13. c.- Recommends that mine superintendents cultivate en•

/

thusiasm of men in regard to helmet and first aid
practi ce. Compl iments t he firs t-aid crew at Rock
Springs highly , but calls attention to want of enthi s i aam and drill at other points.
B.- Continue to encour age the entt usiaam of men in regard
to the helmet and first-aid practice. Have helmet
team from each mine train once a month and pay men
tor this work. Additional first-aid boxes are now on
order.

/

Page 14.-C. - Recommends increase in number of helmets; adoption

of first aid badge or button. ·
R.- Additi onal halmets tli ll be pur~sed as improvements
i n same are made. Badges or buttons will be purchased
at any time on your reconmendation.

Page 16. c .- Suggest s possibility of economi&amp;a by using the wase
'water f r om the mines f or condensing purposes;. hints
at pos ible econo~ of 257( in water bills.
·R.- The propsed changes in No. 10 Power Plant may reduce
the use of wat er.
Yours truly,
(Signed)

-

W.D.Brennan

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Rock Spl"ingep '&lt;!lyorol11go

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Outside Foreman,
Reliance r Uyomir1go

Dear S:t,-:-I

u..'11 hand ins ycu l.1:1•f;r1:!. ~J: Dt i::, • t

Bill .'o~ 7 •~.

lli.ne vs Reliance Mine, fo!" lt,.'tlo,~ ar!d oat'l':'"u1

amount, ~1457 o59o

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imcloaed plea::,e find. Dep Ot Blll !To. 74
V:l Rcc!c 3p1•ings Sto~a, fo1" material furnia::." .. •·

1912. amountlng to ¢135.32.
Yours t.rulys

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Mr o To H. Butler,
?1ine SuporintP.nrJ.qnt,
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August 3rdp 19120

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DGp't Bill foT July 1912.

Rock Spring::s, Tyo.

llro Jo U. Fnddiea ,

lline Supar1ntendent,
• CumbeTland, Wyow.ng.

Dear Sir ~-•

'Enclosed pleaee find Dep•t Bill
Ts Cumberland !line, fo-r

1912, amount $46.89.
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Bill 11~o '748, Rock Sprinr;s !"ina ve Ple~'ilnt

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Ycn.rrs truly t&gt;

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�200
Dep't Bill f or July 19120

Relianee, Vlyomingo

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!ierewitl! I h3J1d you Dep•t Bill no .
v~ Reliance Store. f.or material furnier-ed du~tn~
1912, ~.mounting to 841.5?.
Yours truly,
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fo!' mate-rial f'urnishou durine July 1912~

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2 011air.r.e~ U?S!lcheo 1n h~se houseo

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Yours truly 9
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to not hm .ng s:.t'ficient cars on l!:inrl. --md
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"'uildi.ng

tha;t. thio_ono i e cortninly on m,. Tho f aa~

aa Jo 9

tr.t.o concorned,not hnvin3 mada anj• ·•

18th 191.2. A~ the ti.l!le l vrott "r- Brenna."' ur.:l

t, ~i!l ldttor of tho ~th, l lootcod for a cop;· ' n

ioprea;sion tl111t 1re \Nra loadinz C&lt;m?!ercial coal t
comd WJl:y m~r l~ ter ot July 25th, imJJ not copi~ 111:..1 l
r~ e.rr to, artd i. C$M!lir1l7 did net rQ"l\oOber hl!.'Jine

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&lt;if Boa.rd of Mine

Ins1,:ect,ore o

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l C-01:.1.,a!'&gt;Y » tl:c _.-3·t;C'l"\:B!.! !ll9.d8 t,r.;'f;e:rd eaJ"ry:l.:lg OU ,

. r co.:• 1-Dnd~tions ?P.ade. ~~- t::e Beiard of Mine

• o falls Gf l'Ock" o
.

il&amp;J

he ,, ~,.:;t!)!lded to, tne loose -rock t,c..ken do:n ~Jld
-~}:.. o!'oa •b:.rc tightened an~ put in place •

.1.

iL· Ne. 1.0 Hine h-V~ been swept clean

t.~ of ~i~~1v1oinn eotabl1e~ed of examini
and el'!"~ning th !il " .•c~ .1e-ek.

!n uddi t ion to tb.iu • a

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Page 4•Po1''t•1.'):.e fil·&amp;

!,~1nr;tiitt •·•,--t: l~a-v e bflen h .3·f.E,l le d. !n al l the mino1' ,

in "~er.. am&lt;iU tu c.r..d in ou.uh pllUlea as ~irea a1'e moet apt t o (H.:~utt•

~heee togP.~.i~er -" i t.h our eyetem of wateT barrels and buckets kept

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-

The ret'use from stable&amp; t in aceol'd~n~s wi t,b t!: ,of said Bos;rd, • a.Te c overed with ~•1;,e proof brr: ~~ ic
0

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hauled cut of .all th€! mineoo
The ~ystem ot switchi ng off tl:e electric C' J~ -~n~ ·~·

a?e getting in or out of the man trip h&amp;C I?c- n

,n,

·t h e · !mlnes &amp; tollovi!ng t.he plan in op~t•~ ti cm i!i J
Pegoo 5° 6..·Inr:itt;&gt;acl of nd~pting ~,.;~ ':] wate'l' ~a-rtt-id:;8 ..n 1t ~

u.ncler

~ modi.fied syste.mi

es . recommsr..dea ,

'
condit.ion~ .we have been cuceeas:f'ul, i t

(!I~Y

r

the not&gt;ldng facea· in ah.ape n1 th· the

powder OT the water ca~tridge.
:Pn~

l3•The mte.1 t,:ll!).pi.t.!~ bar is 'f'eplaeed by onP. having a woooe11 e d. ~

whic:t. neeto a:n om• rnqti!rell!enta fully ae ,1el1 n.D tr

oldffi' 01 e~

Tl:e t,or1det'J t=~!}e'i" ha:;1 not· hecom,:: con~ral, but io ua~d ':y all
c.~mpney meno

'1 1-:.e st.or&gt;E".::&gt; lll.z.,re t aken the metal tampers - ~ ari-1.
1

wlll £3f-')l rat&gt;11e "ti.lt tho ori\.s ~··5 Ui the .wooden '.jntta ·to t.r.e c:.r.e,a:s,
~.!'

tl:a.t i ~f t f-:'f' l\ Y,1:110 tte1'8 w:l ll he no Othe!' kind ln any of' tl..e

minos o
AnY m!n~r d!eeovered handling powder with a naked l i ght on hia

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?e~dy for i)ull17jd:.~Jte tU:Je I give us a good inm.H"tU:·· )

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hu~ if' -~ t,ivtt.ld tampi n3 hc1eo ,11 t.h Wl1 t!n.te~·ial

. e cley , they m ll bo i mmedir.tely diocl!u'rgc:1.:

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aupeTviei on ia mnintained i n &amp;11 the mlr!en
to l_f • C..''h l l!n:lJ by the :rli n e 1•c, O!' l ...bo:·er t:,, . o
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sl:.mm to be r.·:J.lfnl , t he gu ilty P ~1rty

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rJ~:.~t ; in c.11 ,t.t ·.:~ c. •· ·0 a n ,.

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,. o·. io· on ,o bein{I made to built thv.t kind of a topt

l:.u1· l!'J.nes

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otr.cs -ro·:· -::~-u olln~:in&amp;

cf duat t r.at ml.J~t 1t-. :;:1.d..p~~ci€e i n the

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�!o incr a~aeu by t he eddi tion of ~b.fl~c frc,e tr. . U··-•n•~

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m :i:":\Ol'c...mg
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T'\•(;CUJilGll1det.i n 2E· of U!e B0:!.1"d. o f

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Rock Springs, _Wyoo October 3rd~ 19120

De!l.r Sir:-

00

The Boa~d of I n q_ui ~.Y of t he Uni•ln Pa.::1:fie Coal Company at

F.ock Sprin6 s , consis t in~ of ~ 9 ~c Jonea ai1d Eatt i:etlillp l!ine
-:--or ~1!\'3i'l, a\'ld no Go ThO!!l='.'a !· n ine Su paT~\lten de11t t c1.; ~rpnin.ted f o-,. th8

pu?p_ose of :lnv.esti~r.i.ti n.; ell .serious and fat1u aeci1ento oceur?lng
.,n and abo-at t::a.~ mt ~l:.l e_

.ore o~1:ted together t:i:l.o 2nd &lt;laJT of Octo•

b er to 1nquir 9 1nt ,o th0 cauoo o f the deat h of one Mick Angelus, ~
tiv.49 o:r Gree~e 11 elect~oGuted ht Uoo ? l!ine at tn.e hour of 10: ~0

Ao :rJ.
We f i ne. t ng,t t h.~ deaoa:&gt;cd t'lith Ao J.Roe1e 9 h is po.1• t ne1· , '70'.i°a

~ngagod as l Q~d-~o i~ ccud mine v an d wero ~orkin.g in 2a room, c

cross ent~y on D Pla.~eo
They had lo.rn.~(~1 t:1..: i , 11 :led e~\1'"6 from the face of room t @

t he entryo

In doinb oo~ ~ pieee or coal tell ott the lowe~ or r i b

ai de or Ane~lu6' car; the space be t ~eon the l~uer rib•~ the ce.r

waa tourte~n 1nohes and here also was at~u.ng t he electri~ wi ~e
t or the machtn&amp;u
An~elua picked u9 t~e piece ot coal Which had t~len 1~ oTi~r
t o 1'3plaee lt on ta g c~.~ from t he l ow or rte&gt; s~deo ~osie told him
not to do ao ~ a 3 tn.e -:rires W9re charged_; Angelus replied th.at the

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R.!P' ~ f Uine InspectorA.
Art.oition of RecoT!lJTlenrt.~tion.s Of Bo n~'l.
~~ct
SUB,T"E&lt;11'1

THE U NION PACIFIC COAL COMPANY
TN REl'L'Y PLEA81•! RltPER TO

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...........Mine .. [nspector •.........

w. D. Brennan, Gen ' l Supt '
Superior coal Company,

Dear Sir:In aooor&lt;lB...n.e with in!-itrnctions f:,:,om your off:'i0e t o repor t
progress in car:r~ring out ~ll the recol'!l!!len&lt;tations of the Boarct. of'

Hine I nspect ors tJeret :iini.ng to tile \'lel fa:re amt s!lfety of. t he Roe~
Springs an&lt;! Reliance Mi nes. i)03 to report

aA

f nJ.lows:

That my general letter of August 14-th 1 9 12 t ake:-3 up in regular,

order the recornraenci.Rt ions ox' aaici. Boarcl t ogethP.:r:&gt; v1i th all ~1e have
rt.one to comply with q,ncl c!ir!.'y out all suc11 oal culatert_ reforms in

our methoclf3 of 1nintnl:! ,having i n vi ew thA li:."lfe t y of the men and mines .
In aclcli t ion to wh a t w~s then said ,ve have au gmenteci. our first ::ii~
teams by t wo at Reliance,have cR.use&lt;l to be manuf antered a bronze

button 'bel3.ring the l egencl

II

Fi:r:-;t Aicl to the Injured 11 \'.•hinh is given

to an&lt;! proudly wor n in r each :first 4 i d' worker; have added f'irst aid·

boxes at convenient st ations out side the mineR so that dumpers and
oSlr hannle!'s ooulo rel'!e.i..ve attention shouln. they require 1 t.
That a more general

super,r:i. sion Might be maintaine&lt;l in the mines

the bosa rt.rivr:,~ h!iR been cre::ttert. a seconcl assistant Mine foreman \'li th
f'Ull power to l ook aft er the saf'et y of the Men ,mrt. to share in the

responsibil i t ies bf the m~ager'lent of the mine in i'Thich he labors.
A Boar&lt;l'!l of' Inquir y

waa cres:t.tec\ for the purpose of inveAt i g '3.ting

ann report i ng on ~11 serious an1 fatal acoic\ents. Its ~utiee being

to note closr,1~, every .fact aur:!'ounning the acoirtent and to plaoe
the . bl._rune_ 1 f'_ .£l.'rt._V.JUhc.:rta... i . -!e- .h. .... 'l ....n ...

- --·-

�F ORM ~ 10

THE U N ION PACIFIC COAL COMPANY

N O,

The f oremR.n of the mi ne in which the Rcciclent h appens 1a not !.l member
of saicl Board i:inrl its freeclorn to cri tioii:;e anci. make recommendat ion
agains t the recu rrence of sir1:i.lj_ax- acciden ts i s unhampered .
That 1:lecau se a chR.n ge hacl. to bo made in the perr-rnnnel of ou r

El ectr ical de-oartment the matter of a s yst em of' rect.lights ·a l ong our
mot or roads h as not b een perfeoterl;but the new I:Jl eotrician assures
me t hat the s ame will be i n 011erati on wi thin the ne,&lt;t thirt1r days.
That . at Reliance an elActr.ic shot firing s~rster11 has been i n stalled
and c ompl eted in NO l l~ine , ancl some i,rogress 111act.e alone the same

4-. In the l a t ter Minea man-way hSl.ri. beAn r.i:rovicle0. so

l i n es in ·No

t hat no one is now requiren to \':alk i n or out of the nine along
the s lope .

In NO's l

&amp; 4- r1ines fans

fo r ventil at ing have been erect ed

ancl they are now AU'P!&gt;lied Vii t ll an abundence of e oocl fresh Rir.

Every material recommenn.ation of the Boar d of Insvector s 1hB!nl!l has
carr ien. out as near as 1)0ssibJ.e to the l et ter s ave the one I!latt,er
of' red-light along t he motor roacLann. i n an.di tion to saic'l. r e c oI!ll!lendtions many very im:oortant il".'l.:rrovements an&lt;i aafet 1r a1n1lianc e have
b een inst a ll en. and Mane a r,art o:r our general work .

We have encased the ge~rs on a ll inside engi nes ann. made t hem s afe .
have 1)U t safety gates on the shaft , NO g Mine.

\'l e

we h':lv e inRtalle&lt;l anmrnrn El e c t r i c shot firtng system at NO . 1 Hine

at Reli ance.
we h ave discontinue&lt;l the uRe of cll'nfrni te in ~l or our mi nes,
a.ru.1. in p l ace of i t have adopt ecl permi fiRibJ.e ._e11a1 a'1v e:r p l...·• ,.,.,u.- f.' •.~

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Fo"M ,.,

THE U N ION PACIFIC COAL COMPANY
OFFICE OF
NO.

"'lhich is exl)l oclen. by mmtmrmm detonat ors , and all c~s es whe r e b l ack po\'TC'l er
is usec\ it i s exr 1lod.ecl ·1; y an el er.tir c squii') lcnown as a

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ren. sr&gt;itter 11 •

�wires were not charged; Rosie t hen said that the machine lllan

••?•

at that mo1nent 9ngaged in turning on t he cu,-rmt 8 but Ancel..i•

Paid no attentio~ and entered the narrow space between ta~ CIIP
Md rib with the piece of coa~, a.nd while in the act of r&amp;isuis 1t

into its forme~ position, hie neo~ touched the wi~e which o••••
hi!J deatho
We find that Angelus un.a .22 years ot age and bad worked to.,.

the comp~ about t en dais , but that he f'ormerl.7 worked tor the

Centr&gt;a.l Coal &amp; Coke Comp~, and later the Y7oming Coal C•IJIU\J
in this vicinity, a.nc:l that ·he was not a •~rangff to t he P••J1 and
danger s of the electrio cuM"~nt.
We further
,, find that there was no n•o·i.■ai t.Y tof' Angelu1 g01~

to the low or rib stde to put back on -the car the tall•n coal,
th&amp; t there waa plenty ot room and to a pare on the high a1i• Where

the~e was a wide space and where the root was J110re tban tw f eet
above the· 1oa4e4 car.
We also find that Just prior t o t he f atality t he electric
cul'~etf. had been ••1tohe4 ott aocourat broken wir e, and that ~

deceased had l earned ot thil tact f!-Oll ·t he Ka.chine Ken enpg. . l a
the wo~k of repairing iti that t he llachine Ken had made the n• o• ••
aary i-epa11DeJ and a t the switch on t he main entry, had t urned on tl:a
current; t hat A. :r. ~oaie, partner t o the deoeaaed , nr.n•4 Angelua
.i n tima to xn-event th,::i e..c0id.ent , u~in3 i n substance th••• word■:

The 1laoh1ne Men haYe gone after t he power and will t un1 1 t on •hila
you·aTe in there.
In coneluai on, we do not find t hat an,- bl -

oan be attached

to any one connected with the ma,narll9nt ot thi■ lline; t hat the
deceased was wher e common prudanos torebade &amp;IV' one's p?eseno• at

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- - -~ - - - - - - - - - - - - - - - - - - - - - , - - -- - , - ,----,.-"""':"""-....,.__ _

any t ille , and t ha. t hia death uas brought on t~ough inditte1~ence

,

and oa,eeleasnesa amountinB ~lniost to sutci deo
We c ommend tn.e lli.ne Foreman•a pr~ptneas in Bl'rivina a.t tho

acene of accident O !lllcl we a.loo take plGaaut-a in co,iDJleotling the
conduct of J'obn !blro'~ll, Aooit1tant to the Foreman, in applyill!I oo

shortly atte~ the a~citlont the methoda· or the tirBt aid fo~
a?tif icial ~espi~ation in t~o affort to reauscitate the viatim

of the shoeko
All of which is espeotfully submitted by tho Board of

In~ui!"y t hi a 2nd day ot Oetober 19120

C. C. t o Geoo Lo Blaek.

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Rook Springs t Vfyo. October 4th, 1912.

0

109°11 \7e□ t 2nd South Sto 9
Salt LakQ City, Utaho
Ane~e~ing your lette~ of ·26th ulto, beg to advise t hnt th~

Pnelli:ialectric machine waa shipped f~om Rock Springs on .August
Yours truly, •
.___. ......~-~~.,,.
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Hine Supe~1nt~ndent.

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(~6~4100) paid to th_ Urr u Pac1:tic Co&amp;l C!omynn~' 11 b;; Jc.:t:.n :~"

&gt;..ndersoni rec,:.ipt n-her,sof io :toraby aarnot:l\31: gcd, the aa:i d. T:10
Union Pacific Co:. lCcmp-my hao thio coy sclc! to ihc ..;&amp;i d jo~~ A,,,
ande-on
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One Ho,·oe, u x _·er,tlc. color gra.l--, 'b:rc..l,l-: ,ec t 1u:t· 11 r:• ~ .--..ft
-otd .... anti 11 2" on left ahou.l,.:ieTo Ccns.. ... . -: :.':.i _n
t30oOO.
One !:iorse, i:;ex. illlllt, t c:olor E;O,orel &gt; 1 randed. nupi: ~ le:f9j
oide rn! "s2r. on left should~r o Pr: : I (i!:,OoOOo

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Vo P o CC G• !.!o t

r 1:0-rt ~d f31." 't7eck ending 3 Gpte~1::~- '~l t':.1, 1912.

: -:., ; . 23rd, Moo 1 :.:-:!.n~, _ !1.0U:"$ a.."'ld 30 !!.lilUt~~,
Id~· 1:ii.t~ lr.ro:c&lt;?:a, d3lF.yin 6 9o.iti miu~ cnl:ro

1i.lne

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W..l.t J~ uoed dur ing Gcpterul,a:- 1:n.20

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F o A. ~lanley,
Vo Po &amp; Go 'IJo f

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:1::nes , clur:!.ng reonth of Sc:ptt)Jlfue."' 19..1.2:-No. O Wate!" Works

Green Rive~ W~tHr- Works

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Rell enc=, V!yo.

Ycurr t ruly,

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in your empl,oy P.t noel, Spr-ings llin€le , l a o., ha.lf cf September 1912

_i ch checks tave been deliv~r~d t o t he respecti•€ .eigb:nen.

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Mi ne Clerk 9

Relia.nc~ p Tiyo o

herewi th Atta.cruue:ii'l~ W!"i t and.

Ro~i vs Tom Pappooo

Enc.

Soo.mona in ga-rniohn1en t cas::: 9 Andr"Cc.:i-1

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Doa.r Sir:-=
Am1wer i ng your l e t. ·i.e1· t:&gt;f 21s t inst~ 9 '\'?i th re.f,=.rrence to ob=
'

"t:h:e the minco aY'e Y!Ot 1.orldng very et~~a.dil~' on e.e:c ci.mt oJ.' no~.
receiving enough co.re to ?111 the orderao

Ho\le"vcr' 9 \m are looldng

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Roe~ ~pri ngs, Wyo. October 26th, 1912.

Mr o W. Bo Cook,
lline Clerk,

Enclosed pl~as5 fi nd

"Attachment Writ ann Summons• in

garnisl:m9nt case, Bozo Knezovi ch vs Duge Karpon.
Your s truly,

Enc.

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mad~ o.ey at"!'• ,ge •. !l•

a

to l&amp;ngth of tim9 aT'T:inged b:r yo.lo

Yu:-:::: trul y-,

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~r. C. F.. DuT~m:,, Out~ice Foreman at Roli~nce,

ou~ n~w

r--11..~1,? 1Jalil!) oix ..iles_l~oT'c.l!. of Roe~ S-p~1ngs, of:fc,.n :,o-a a. rcBi•
tion ~m a aasolinfJ cn~ino ar.ci. otl!er 'rlOrk at t~t pln.r:e.

'7:'!e:n you are t-~~uy, plea.ac re,ort to l:im w:l :!:. t.r.io le .ter.
I hop~ ;rou •;ill I!l.'..~/,ci: :i. ~ c:~?17 •n:i cnt to hu..stcn as Ur. Dur~a; n, • ..

�lJT- o. 'W o Je C't~l 0 .Yt Z.:..,itr• t
Bear- Riv~· · Coc..1 co __ -?'~- 11

·near Si r:•"'"

I :1 conVe'?'oa.tion .i tl~ ~·r Br:.nnan thl.a mc,•a.~:htg, , ' }!o.V ,'J 1 ...•
0

oide,! t.:!fl.t ! ~

ill ·oo _ :1,auh.lu i o t!~~ Uniora Pac.i.f:~c Coal Com_.,u1y ,

f'o'!" you t~ crng !£' '.Mru lo!'.n ~"'ate.s, n.s 70,_;t

J feol t.Aa'ii y ou :1:•

r.uJ;i~,.,. n o mi stnk

J.ne :'or-: --t "!.,

Perscna11~v"

i n en:;...,;.:n~ t:.13 .ru.n

wo-,•k t r-.at you h av e fo r h i m to do ; h.~ is ~ood at ~:Lo,

~t

fol" t h o

tfiac!:o and

at g enel'al ·aork, a.1d ll~o demonot r&gt;,,Ltod hio a.bili t y : !l the fo.cc r,f

; occc.eion o
In ?-ef ::rare"- to tl:. ot:~•- r ::rm.t tcY" ve t alked abou t P llr o :Brennan

sayg t b.at the p osi(i on you take .. 1th the. UniC'J!l io o.l.,solu tely cor•
rcet.

He c.cVi a~s "':.."'" yo~

be V~Y'Y e:tut1oue i n your dealinr;a with

thos ~ pa'4tiei:1 l ei,t you . ut y ou?sel :f' ln an akward pos ition when 1 t

co~a t r ratu.rs

orl:o

Secr.eta' Y of t h.e

in0 Ope~ato~s Ass •n, to go to ~a~ston and

Ho is ready and wil ling at any time as the

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t :...1c e 1n llia 1&gt;ower tov;nr~.-.
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-•.:, a t a

c;!.ottl .. you 'ri3t.:.l l11'e his ool"Vic es to meet

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antl t ;.1ti n:.:"ficiali:t of th&lt;:: Union, call h.in 'lP u.t a.11y t i o...

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I hunJ :vou hore\'71 th o. copy of ,ir;,aa tngine Trot1bl~e•, w111.oh

ple:we l~nt.l to your motorman at Reliance.

He YTlll un::o~bted.&amp;.y

i'i?ld t~is V(l'f"y ttsafulo

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Oreon E::.\.'3!" W..i.te:r \'lc.r-lcs

4409100 g:::.-:i o

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Min e Supe:rintendento

�Onai".n., :Z'=- hr •

Your:.; ~ruly;
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RooL ,,3pt•in,rp 2To. 5 , lTo. ~ Ill,ro t'rat-!: &lt;::ales, up!'er a.&gt;td l~
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Ner-, fan for No . 4 ..:: no.

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R,~li &amp;i"la ~ t!o. 7, Slau~te~ house.
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~El~!hODCSs 12 fire~ tin~· ':: rs.

Ho. ~. l ~;i new '111ne cs.r:i.

110010 , Power line to R-5liance .fro!!! 0.7 ~ plat~ a.t
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No. lJ ,Distributing Pipe Linhs .

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s, 3 hoae enrt houe ee • 2 houa r.•. u

lrv. E, 'E::.-:i&lt;":.a.'. e:..l . •..;_t.·' .i:1,..~nt 'f ,r ?ro. 8 Pa1~ .

no. 7. Pr.Y:et" L ine ~nc. t:'.io ! .:,;- fo~ 1To. 10 fan .
R ,11.a,1ee .!o . 4 , Ihy ba,.n u.t-td Granar:,·.
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No. 5, Stc~~ ·wareco~se .

l:c . ", ReRCUf'! S ~::i-: .t or.

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~ine Superlntenuer.t .
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�:; . D. B;:ennan,

Dea1· Si ~ : -

l oa1 fl'OI!l 1200 to 1500 tonr-t !;e!' le.r

hie.. ~-. : ~- to Rock

Sprln~a O'.lt1mt t7i11 r:m our nn totRl cl-, t,r,1·.t .i_ to 6000 ton9

th1t t h :.a Oht!) :tt. U!Y:le:r !1orma1 .Jo11cl.i t ions ean be nairc~a!ncd

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�Rock Springs , ~ov 15th,1912 .

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1.·r • L • Ri t ~er~ SaJ.eu
,., AP-ent
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Dertr Sir :

Yours 9th inst ~onoe~a1nz ~no~ ~talitY nf ala~~ is
rec0tvei nnrl re1)11ring thr,J.'cto 1:121 eay that 1•a1a-,k'' means our
finest an1 Li~Ordst oonl. Tho quali t]' of sa1~1. ala~!". io in all
·_•:3~9e.1tA iit.:ntioal :1th ::t:0 .t we h.ll"e almt!'S 0011. as au~h .

I clO not SF33 nu·:r i t ~oul&lt;\ :,e r11rrCl'i'mt ae 1 t 1.B lo~rle~
to•irlY l)l'ti0iS3lY a.1:1 1·or.-1n!'l : .

I a7Tl m'JI'o th'lt so111e ca.!'s might contain a g?"eRter· y,ercen~age of ver1' fino ooal than ot he::i:.-s .due to the

n~a fragile

oo~l 1n sorte ent rief3 than ot110!'8, b1it as .- :101e the -~na:ra.~t e-r

of th0 olao.&lt; is al)out tho sa,ne.
0U1.1 NO .10 al~O!C of •;.-hiOh yoil oom11la~.n iA U89rl. for. all

comr.:_1e"l'.''!ial :vurpoeeFJ ,~rr l -:;3 a~e eorfr i t

oeR not suit ~rour

patrona . \'le note thr:tt t ',/0 of t11e ears onmr,l nine.n. of' are f!"Ol!l
SUliu:rlo-r. wr.ers mJ have no j ·.1 .rislioti on .
I f ot11cr es..!•f.l o? our sl ack. are u Ae,_i bY these 1&gt;oople, I
wa.tlJ. thank. yo;.1 t,o l&lt;.indlY stnte h1'W itR '1,1.\~litY CO!!ll&gt;t~r s
t}1c

s1nclt no.i in eontroveraY.

ve.;..~- truly youre

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lline Supe~.:nic·nden',o

�Angelo Col ogna inj urcd in 1'i oo 8 Mine,.

Th"E UNIO!if PACTJ?IC COAL COMPAlilY o

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lieve .he was av,ara of i ta l&lt;,ceei'.1ess, and from t.c.~ po'l i tion he cra.s
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wo-r•king iuv W&amp;s ti~ying to lrncp in the c l eo.t' expocti:ig t~s mater-lal

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eood,

They bad exwnined the roof and t~ou~t ::ia.?le w.:u,

but '!.7e find. they !Tere una.ble to t911. roof ·rock tr.at was

thiok and loooe,, beli~ving that \7hen t~e root sounded. dull from

the pick that the roof wao crocdo

Tuey had put _ott settin3 props

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t imber.

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f ~cao At tho timo tee ~ecid~nt occur~ d, the timbe~ ~as 12 taet
'i:&gt;~c.k ?ro:ro the front of the r.:achine cut ln.ct blast~d, Xila.kins props
ls feet from rocm race.

Roo~ stould have been Jc1mbared b9:fo1•e

l oadin3 be6an; otj-ier-.:ise th~ s~neral wo~king conditions were good.
In concluoion, ,:re i'ind. t.b.a.t c.c a oe,f13guard a~inst cue;:
a.oc;!:deilta, t:i:at rooms b9 not blasted wnsn they are not properly

tiIJbered; that they had .boon lax in tco enforci ng of instructions
Ch'e!!l alonr, tr.e:Je lines to all parties charged with blas ti?Jg room,
toi' had tl:e room been timbered, this acc·! .dent would l:aT9 been in

all prob~bilitiea ave~ted.
Allot wtic~ is respaot~ul ly 1ubmitt~d by tee ~oard of
Inquiry, thla 10th day

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and 3ohn Lo Dyken j\ Aflt'l 9 t l!ine Sup et II o.}.)~oi nted f'O ? tl:.'J purp~sfl cf

inTes~i(p,tin~ all 0Grioue a.nu fatal n c cJ.d~n ts occti.Pring 'ln ,..nd
~"..)out t he miner.i ~ ,1-J1'~ c:;,,l l ed 'i:.ogotl.:.er t h'i:J 10~!.l d.,;;y i)~ D•?c-e!.1:.tC'!',
to i::iquiT'3 i~to the, cc.use of

VJ;l~n ~\bout 300 l

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ths i njtrr&gt;y t.o Q!l.-:, :::o Oi.;a.D ...; n.it::.r~e ~f

of sl~to f e ll f'rom betw~en t-h~ ~y,ops

ne,tT' t h.i:- l!!'...1 of' his t. ~ok oil"er th.e r&lt;.u:uiway 9 a.bo11t 'tt.e pl.3ce wl:.e re
tM c:i!" c tQr,d . hen ~uu.

\"I'd -' b9i:ir; l ~aded, . 0.11d st~1!ck hi,a acror:HJ

let o.nd CTus:\ in,._, 'l"'i~l!.t .h...p ',7ith Ill"'Ooably h'acture of pel?iso
'1e f'in1 t!".o.t t~~1 placf.! l:stl been \VOl"king T ery b.eav.ly during

t.i:e f OY'~noon, a.Yid tl:o, t

t ,.:'!f!

roof harl been maki:.1~~ haav:, bumps and

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tliat up till this da_y tho roof we.a iu zow ~~­

noticeable in it. About noon of this dey. th,~~~~
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the roof vas bra.ken along the roadtt~y.
.from 4 to 8 feet a.pa.rt.

T::, pJ'o!YJ o t

They sr..id that 'they m:NJ tJetttM l .

cara tbia day and did not ~ant to stop to set ~dtliti~l f~
Tb.ey h!id set

t'17~

props near th~ coal t~co \71 th long 4-tetl\

on th.e:.u du-ring th:! f'o-renocn, to protect t.:.:em tra:.1 inJu..-..,,
mining: the

coal~ out ommitted to do likc•iso on tilo T'O&amp;cl'lrQ:/

M

they htld to_t 1'a el uhon taki113 thei~ ca.rs to and f,.~ tAt
place.,

In .conclus1Qn, ue find that the ll"anagoment o1 thi• #JJ.tl)

from testimony- from the miners, had not exaz:iined t!!is place ~r
cue \71,k, that 1:uluffioient timber waa bo1ng used, OJ" too Yio

opace betuoon the props, ','Thi ch con&lt;,ii tion should not ha7!) beoia

allaaad to exist; thc..t their curs should b9 stopped until Jlllc~
is prop~rly timbered, whiph has aeen a standing rule as a 210aM

o~ on.forcing all parties to koap t:!:ei~ places secure a~aimt

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�Rock Spl'iMB, ~yo. February 11th, 1913•

-

;;To YT. D. E~snnan, Gen'l Suy't,

Supe~lor coal Co~~~Y,

"Dsa.,. Sir: - We \lere at Bel ianr.e. taG&gt;ua,-r \11here tr.e new gr i3.;S s.re in aper~
ation s&lt;ad th•Y are 1101'1d.n:l al.moat p~r!ectl Y•

A !e·3 lllo:"• dc.;'ll and

w• uill ho?e thelll f1xe1 up eo t)oat th•1"e ~ill bo no ineonvanlsnc•

deY t:C,.t ~• ccrk, with l••• men &lt;;?,an at p~•••nt •"'21~:;ed.
TO•ll!0?1'&lt;1&lt;1 I s hall zo out ~1t h a kO~a'&lt; e nd t,a!ffl a r,i ct~r•
of t ;,e car• al011g t h• plan• , and r.il t t:i.'&lt; • .;,-a:,.t pl,u,:ra 1 n • • n&lt;l-

11111 ::~•• cne of '.!lelll, •• that yoa ean ••• h07' nicely tl:"7 • o1'k •
Yr.ar s t l'Ul:1 •

�Rock Spi"'ingo I) Wyoming~
Deal" Ma.dam: --

".7oul n ask t hat y·ou lm:Y•, it a.le.mg a l l po~;H3:ble, u.nd cbli.:;~
Ycui'r, "e:.\v .. tn1ly 11

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�llr. ?. B. CrUillley,
'Edita,- "T1-.. l!1• n9.... ,,
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Will you ple~cre send to this ottiee at YO',~ early convente~e~,
i&gt;Ul covering one year• a •ui&gt;acripti on tram .T"'-'Ua'"Y l 913 to .T&lt;Ult,:, ry
1914 ror- t.he "Boc:k Sfi"i.n.;I;! .:.:i.!le?"•?

Our C1'e;;renne 01'1'1ce 1a inquiring r or t-llis bill, oo r WOUl&lt;!
ask tba t YOU hwrry it along all POa·, ible. a~d Ob lige

You~s Ve?-y truly,

P. ~. __ Also ple~ee send me any bill • .YOU JDaJ" bav9 f'o-r

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Mr• C• Ho G·,• l f f in• Ac;ent ,

St-.1t La~ City, Ut~• •

]'g :,i-t'l3.!'Y 1-

,

l ~tt!, lS15, account J-Io-;pi tal :'ees, G.?!- !:l.·1.':a r~ ni U!l

t o cove~ t o A. P.• n oane , Loc~l ir-res.~ uTer . C~ey~!:.~~ , w,om1u~: -~
.50
ThOS" !.el.i.al"~
• 50
Geo. l)arli~

~e.igl~'??l uu~arizing tl1lse deduction"•
YoUl"a truly,

!lina Super int endent.

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Rock Sprin~s, \/yo. Februa:ry 17tl:l, 1913.

V. po &amp; Go M. t

Relia.nc'! Mines, month of Je.nua'l'"Y 1913•

Yours truly~
.,

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M-r o Lo Do Sl~f~?, Vcte1"ik1R.l" ia.n"

Tr~ Uni on Paeific co~l Company 9
Deal" Si'!': ....

hi ~r.ly sc. tJ.!;!faotor:r to t~ CO?!lf.Ul1Y at Bll ·:.!1!1~So

This f~ct e wE1

feel t r.at \'ffJ ~annot too plainly amph•'.oi2e a.t t.r..:is time 0
Wisl".ing yc:.1 r:·.:&gt;1;. ir: any wulk of life in iVhi.ch you a i ght
engage j. I ~ •

Min~ Superintendente

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i.lin~ Superi nt ender.:t t

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!Ir. Wo Do Br.gn_11a.n• Oen'l Sup 0 t,

The Supe!"i or- Coal Com,any

0

Cheyenne , Wyoruingo
Deal'"

Si,.: --

On account, or n oevare ono..,, atoT'lil, Rel iance wa.e obliged t o
cloee down this lilO?"ning, after a t r ial l asting one 1::o~.

Last

night the beginning of the .sto~ was i n the JUtur~ o~ rain~ wr.1cr
froze on the ~ai ls until tr2ra wao full y half an i nch of ice .
On t~ie cane a heavy fell of snow to-day coabined ~ i tr. a sev~re
crind_ which made i t i mpossible t o nm th~ c~~•, nor could t h~y
keep th~ track clean of snow dri fts .
We fi3Ura tr.at by r unnin~ a few loaded oar s .l,.'&gt;'l!llci t Le pl ane

a.t a time, until t~e snow arid i oe i s worn otr, ,.,e wil l be abl s
t~gn to go ahead and do a. regular day 's worJ:.

Very t~ul y yours,

�cs

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:Srenno.n:-hi pad to -t:
oti~ho
adviain
-ry 11th, 1913. A.

Tho abov

t3. Co., D .nv
d Y•
ebTua!'y 18th

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1!ro 'Wo Do Erennan, Gl3n'l Supe"rin tende!lt !
- The r,up'~Y"i.OT C&lt;a1.l company,

t!:es• criticioms appear on copy Of !!r, Brentnall'• r eport, .,··:ict,

repC'l"t is :!'iled in !Ir, Black'a office,

Thi• office doas not

keep t~ese reports on fileo

n~-:--.- -:.P
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nir.; Su1,1arint ~r,dant .

�Ligh·~
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llr. w. D. Br~nn.~n, Gen'l Suv•t,
The 3uperi or Coc.1 Company,
Chs.reantJ, Uy~nr;.

I '7as oi.:t to ·Ileli~,ce this r-,;~z1i11g, looldn3 ov$r t~~ pl ue
i'.aulacro, e,n,1 lns1d~ cf ~lo. 3 ~i:m.

~:r,

n\4r~ ma

imt!l.l:eci

does ths uo~k in a i;.ucl:. bett -.i?" :n.a.:,m:r t'i::,ll fo~ _ .1·l.; nit::. t!:e

at,•c:.ight lumber retaTdars.

l!or,ev~r, ther~ =ire t.;o o~!l plaoed,

and to aprag tr.s car around tee cune to 't.r!':': first. re tardel".

Also

one man .manipulating th~ retard~r , so ao to l~t t:CS car into th~
tJpple at a p1· or,er apet.?do

It ha.a oco·..rr,!tl to ma that v;e ,;,;j th

-.;e,.y little ,,o-rk, errn do a.way witt the Bt:':i V i\?,?.S of t!:.es~ t~ee

rao1, by us :l=i~ th:, tt,o s !leave abe el~ a t tl:.c durz1,;, und of t.ce e ndlesa

r.a.tlag-e ~ r.1 lo';7iri~ th? axle to said aheave wh.e ~ls tc proj ~ct

!3tBtonud \l}~'!.:t '. :~ l',pe is detached.

Th~ caain from t~ lc.-:;er

13 ~..,· o1:.:d; uc.e lll \,0:'1.-..t.l e;•-~,..aid until 1 t pat;3 -:s t..:e ae oond ra ta.7"iier,

nt:J.:.~• d;a rsc:.iltts.

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ot i,,OWe?' i u t h .. ac

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j

two s~a.v~ wbe els " ~ich are r evol vi ng continuouslyo
?0•1a1or row t · srall t a ke rS"r o Hall e tt out and '\·, e wi ll make a
t Mt measur ements ,

s o t .ha:t he cnn more p1"operl y illustrate the

J.d.ea whic h ·I desire to conveyo

I n the mean time, I thought it

best to wr- i te you ·cl.a s 1.1.uch 9 r..opi ng ycu. -.·ii l l ca tc~ my it.ten, and
be able at t l:a t end !!.O ·l'"v0 r1t out the propoi.,i ti 011, in a more

the y ca n be at tac:~od to the rope, thus doin.1 avay wi t.h all s ave
the t1ppl erran a nd one ot h.9-ro

�Eock Spr ings, Wyom1n~, l.farch 3rd, 191~.

Mr~ F. A. 1.1anl ey,
Vo P~ &amp; G-o JJ.. '

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. Ozac.:~, 2.-k::br

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H"e1•ewi th card s ta. taaenta of coal mined and s2:.ipr,ed frcm
Rocle Springs IJine s , durinc mon~.h. of Ps br!.ll.ry 1913.

Enc.

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!.~r e I1o Ao ~ ley,
V• 'T)O &amp;. 'lo Ho J
Om..1.ta, ::-cbJO o

Dear Sir:-=
Belew plea.:;s :.:'i.1d ., ta.t.e11ent of \. t-;.:r un~~ at 1ock CJp:r in,:;s
.a11o&amp; dur J:J , :no11t.t at' ,- ; ... rua,"y luls: .....

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    <fileContainer>
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                    <text>'

cYGhcr ·tho.1,1 ooath0i.'"'t1 r;yot::.ir.t.1..3 socl. mnoc io.

i -

rato &amp;;1b.ouldt on 'wl"ittcn ;i:.o:~ico f~on t.uq Stata 'i:i'®Otll'ar', be ootmiut.1cully

re.ta-eel 34t .n!&gt;QVe tho st®durd -nto.tutoey rate, m~h iner~o- in ~ l D tQ ·c:a11-&lt;
tinue ur,1tU tho loan or lOOllO, u1th intor~ tllOi'OOJ¾ ru·o l'O!Xlid.
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romenis ;:::y-oming \'Jorkinan•s Compon~ation.

(Da.rrnd oo. !'osulto for yoe1~s 1921 - 1922 "' l923P Kei.11Tiar-~\ company disuotor Aug. 14• 1923, e.tcluded)
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Rock Spr i ngs , \'/yo mi ng ,
Augu s t 19 , 1925.

To All Emolo_yee _s Sub.i cct to the Wo rkmens Compensa t i on Law:
The Union Pacific Coal Company will at all times attempt to safeguard the interests of its employees in securing for
.

.

.

.

~

'

them all compensation rightfully due them under the Workmens Compensation Law. how~ver 1 the law is equally binding alike upon both
the compa_n y _and its employees and the court_s which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure a~ any person whatsoever to comply with the
terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation:
,.no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed periocl for filing an employee's report of
accident, in •which case the period of limitation shall be
nine ~onths. 'J
11 • • •

All employees are requested t6. see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General M:anager.
H. J'. Harrington,
Supervisor of Compensation.

�Ro ck Sp r i ng s, Ylyo rping ,

Aug us t 19, 1925.

'I'o All Emp1o_yee _s Su"b.i ect to th e Wo r kmens ComJ)e nsa t i on Law :
The Union Pacific Coal Company will at a ll times att _empt _ to safeguard the interests of its employees in securing for ·
.

.

.

-

them all compensation rightfully due them under the Workmens Comp _e nsa~ion Law, however 1 ~he law is equally binding alike upon both
t~e company and its employees and the courts which a dminister same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any person whats oever to c omply with the
terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation:
"··•• ,no application shall be valid or claim for compensation enforceable and no order of award shall be maae ·unless an ipplication or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the -orescribed. -oeriocl for filing an employee's report of
accident, in which case the period of limitation shall be
nine months.~
•
All employees are· requested t0. see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H. J". Harrington,
Supervisor of Compensation.

�Rock Sp r i ng s, rryo1riing,
Augu s t 19, 1925.

To All Erri"plo_vees Suh.i cct to the i_li/'orkmens Compe nsa t i on Law:
The Union Pacific Coal Company will at a ll times attempt to safeguard the interests of its employees in securing for
them all compensation rightfully due them uncler the Workmens Comp _e n~ation Law, _ however, the law is equally binding alike upo n both
the company and its employees and the courts which administer same.
To the end that no employee will be ae·pri ved of his rights by
reason of the failure of any uersnn whatsoever to c omply- with the
terms _ of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation:
no application shall be valid or claim for compensation enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of t"he District
Court in the county wherein · such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed perioo for filing a~ employee's report of
accident, in •which case the .period of limitation shall be
nine months. 'J
11 • • • • •

All employees are requested to_ see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General l\~anager.
H. J. Harfingt·on,
Supervisor of Compensation.

�Rock S:pr_i ngs , \"lyo mi ng ,
Aug us t 1 9 , 1925.

To All Em-plove es Sub.i ect to th e Wo rkmens Compensat i on Law:
The Union Pacific Coal Company will at a ll ti mes attempt to safeguard the interests .of its .employees in securing for
them all compensation rightfully due them uncl.e r the Wo rkmen s Comp _e nsa~ion Law, however. the law is equally binding alike upo n both
the compa_n y and its employees and the courts which administer same.
To the end that no employee will be deprived of his ri ghts by
reason of the failure of any -oers0n whatsoever to c omply- with the

I•

terms of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124. Session Laws of Wyoming, 1925, r _e lative t o claim for compensation:
,.,,.no application shall be valid or claim f or compensat'ion enforceable and. no order of award shall be m'ade ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed :periocl for filing ·an employee's report of
~ccident, in which case the period of limitation shall be
-nine months.~ .
11

All employees are requested t6 see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager~
H. J", Harrington,
Superv~sor of Compensation.

\

II

�Rock Spri ngs , Wyomi ng ,
Aug u s t 1 9 , 1925.

·'I

To All Employees Sub.i c.ct to the Workmen s Compensation Law:
The Union Pacific Coal Company will at all ti mes at~
~_e_m pt _ to sa~eguard the int~ _rests _o f its _employees in sec:1ring ~or
them all compensati~n rightfully due them under the Workmens Compen~a~ion Law. _ how~ver 1 the law is equally binding alike upon both
t1?-e compa_n y and its employees and the courts which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any pers0n whatsoever to comply with the
terms of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation:
11 ••••• no application shall be valid or claim for compensation enforceable and no order of award shall be rriade ·unless an application or claim is filed by the . injured workrr.an or someone on his behalf with the ClerR of the District
Court in the county wherein such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employeets report of accident is filed within .
the ::prescribed :periocl for filing an employee's report of
accident, in which case the period of limitation shall be
nine months. 1J.
All employees are requested to_ see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H. J. Hariington,
Supervisor of Compensation,

J

�Rock Spr i ngs, 1,"lyomi ug ,
Augus t 19, 1925.

To All Emplo_vee _s Sub.i cct to the Workmens Compen~a t i on Law:
The Union Pacific Coal Company will at all times attempt to safeguard the interests of its employees in securing for
them all compensation rightfully due them uncler the Workmens Compensation
Law, however.
the
law is equally
binding alike upon both
•
. • .
.
.
.
t~e company and its employees and the courts which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any -person whatsoever to comply- with the
terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of \Vyoming, 1925, relative to claim for compensation:
.,a.,no application shall be valid or claim for compensat'ion enforceable and no order of award shall be m:ade ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein · such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed periocl for filing an employee's report of
accident, in •which case the period of limitation shall be
nine months.'!
11

All employees are. requested to_ see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H. J. Harr"ingt·on,
Supervisor of Compensation.

I

\

•. )

�Rock Springs, \7yomi ng 1

Augus t 19, 1925.

To All Empl _o_yee _s Sub.i ect to the Workmens Compensation Law;
The Union Pacific Coal Company will at all times attempt to safeguard
the
interests .of its .employees
in securing for
.. .
.
.
them all compensation rightfully due them under the Workmens Compensation
Law, . however,
the
law is equally binding alike upon both
. .
.
.
.
..
the cornpa?y _and its employees and the courts which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure a~ any person whatsoever to comply with the
terms. of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of \Vyoming, 1925, relative to claim for compensation:
11 ••••• no application shall be valid or claim for compensat·ton enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the ClerR of the District
Court in the county wherein · such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed period for filing an employee's report of
accident, in •which case the period of limitation shall be
nine months. 1~
All employees are requested t6 see- that their
applica.
tions are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H.J. Harrington,
Supervisor of Compensation,

I'

�- - - - .--

Rock S:pr_ings, \7yomi ng ,
Augu r~t 19, 1925.

I
I

To Al 7 Emp l oyees Sub.i cct to the irvo rkmens Compensa t i on Law:
The Union Pacific Coal Company will at a ll times attempt to safeguard the interests of its employees in securing for
them all compensation rightfully due them under the Wo rkmens Compen~ation Law, _however, the law is equally binding alike upon both
the compa_n y and its employees and the courts which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any person whatsoever to c omply- with the
terms . of the Act, we qu~te from paragraph (6), Section 4326, Chayter 124, session Laws of Wyoming, 1925, relative to claim for compensation:
no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the -orescribed ueriocl for filing an employee's report of
accident, in which case the ·period of limitation shall be
nine months. 'J •
11 • • • • •

All employees are requested to see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H. J. Harrington,
Supervisor of Compensation.

{
J

�Rock Springs, i7y oming ,
Aug us t 19·1 1925.
11I

To All Employe e s Su'b.i ect to the Workmens Compensation Law:
The Union Pacific Coal Company will at a ll ti mes attempt to safeguard the interests of its employees in securing for
them all compensati'?n rightfully due them under t h e Workmen s Com~ensation Law~ howeve!• the law is equally binding alike upo n both
the compa_n y apd its emp~oyees and the court_s which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any ~erson whatsoever to c omply with the
terms . of the Act, we quzyte from paragraph (6) 1 Section 4326, Chapter 124. Session Laws of Wyoming, 1925. relative to claim for compensation:
no application shall be valid or claim for com~ensat'ion enforceable and no order of award shall be maae ·unless an application or claim is filed by the.injured workman or someone on his behalf with the Clerl&lt; of the District
Court in the county wherein · such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed :periocl for filing an employee's report of
accident, in which case the .period of limitation shall be
nine months.'!
11 • • • • •

All employees are requested to. see that their applica-

tions are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General 1~anager.
H.J. Harrington,
Supervisor of Compensation,

I
r

�Rock Sprin·g s , rlyomi ng ,
Aug u nt 19, 1925.

To All Emplo.y:ees Suh.i cct to the V\Torkmens Compe nsa t i on Law:
The Union Pacific Coal Company will at a ll ti me s attempt to safeguard the interests .of its .employees
in securing
for
.
.
.
them all compensation rightfully due them uncl.er t he Workmens Comp .e n~a~ion Law, hov,ever I the law is equally binding alike upo n both
the compa.n y and its employees and the courts which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any pers0n whats oeYer to c omply. with the
terms . of the Act, we quryte from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation:
'·' ..... no application shall be valid or claim for compensat'ion enforceable and no order of award shall be maae ·unless an· application or claim is filed by the . injured workman or someone on his behalf with the Clerk of tn·e District
C.ourt in the county wherein · such accident occurred within
six months after the day upon which the injury occurred,
unless the employee's report of accident is filed within
the prescribed. perioc:1 for filing an employee's report of
accident, in which case the period of limitation shall be
nine months.'!
All employees are requested to. see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H.J. Harrington,
Supervisor of Compensation.

�Roc k Sp ri ngs , \7yo mi ng ,
Aug u s t 19 , 1925.

To All Empl ov.e e s Sub.i cct to the Workmens Comp e nsat i on Law :
The Union Pacific Coal Company will at a ll times attempt to safeguard
the interests
of its .employees
in securing
for
.
..
.
.
.
•

~

them all compensation rightfully due them under t he Workmen s Comp _e n?ation Law, however. the law is equally binding alike up on both
the company ana its emp~oyees and the court_s which ad minister same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any -person wha t s oever to c omply- with the
terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation:
no application shall be valid or claim f or ccm~ensat'ion enforceable and no order of -award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein · such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the p rescribed 9erioo for filing an employee's report of
accident, in •which case the period of limitation shall be
nine months. 1J
11 • • • • •

All employees are requested to_ see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H.J. Harrington,
Supervisor of Compensation,

�Rock S:pr_i ng s, \7yoming ,
August 19, 1925.

To All Empl o_yees Sub.i ect to the Workmens Compensa t ion Law:
The Union Pacific Coal Company will at all times attempt to safeguard the interests _o f its ~mpl _o yees in sec~ring ~or
them all conipensati~n rightfully due them under the Workmens Compen~a~ion Law •. howeve_r • the law is equally binding alike upon both
the compa_n y _and its employees and the courts which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any ~ersnn whatsoever to comply with the
terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, session Laws of Wyoming, 1925, relative to claim for compensation:
no application shall be·valid or claim for compensat·ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of t ·h e District
Court in the county wherein such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed ~eriod for filing an employee's report of
accident, in •which case the period of limitation shall be
nine months.'!
11 •• &amp; • •

All employees are requested t6. see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H. J. Harr"ingt·on,
supervisor of Compensation.

�Rock Sp r i ng s, \7yo miug ,
Augu s t 19, 192 5.

To All Emplo_y:ees S:-J-h.icct to the Workmens Compe nsa t i on Law:
The Union Pacific Coal Company will a.t all times attempt to safeguard the interests of its employees in securing for
-

.

.

-

them all compensation rightfully due them under the Workmens Com_pensation
Law, however,
the law is equally
binding alike upo n both
. .
. . .
.
.
.
the company and its employees and the courts which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure of any person whatsoever to comply- with the
terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation:
11 • • • • ,no application shall be valid or claim for corrrpensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein · such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed periocl for filing an employee's report of
accident, in which case the period of limitation shall be
nine mon~hs. 'J

All employees are requested to_ see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H. J, Harrington,
Supervisor of Compensation.

{
]

�Rock Springs, \7yo ming,
Aug us t 19, 1925.

To All E1E9l ov:ees Su"b.i ect to the '!vo rkmens Compensation Law:
The Union Pacific Coal Company will at a ll times attempt to safeguard the interests .of its .employees in securing
for
.
~

them all compensation rightfully due them under the Wo rkmens Compensation
Law, . however.
the
law is equally binding alike upon both
. .
.
.
'
.
the company and its employees and the courts which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any ~erson whatsoever to c omply with the
terms . of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925. relative to claim for compensation:
,,.,,no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein · such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed perioo for filing an employee's report of
accident, in which case the period of limitation shall be
nine months.'!
11

All employees are requested to. see that their applications· are filed as :per terms of the provision quoted.
Geo. B, Pryde,
•
Vice President &amp; General Manager.
H. J, Harrington,
Supervisor of Compensation.

�'j
I

Ro ck Springs, \7yoµiing,
Augu s t 19, 1925.

To All Empl o_yee _s Suh.i cct to the Workmens Compe nsa t i on Law:
The Union Pacific Coal ~_ompany will at _all ti mes attempt to safeguard the interests .of its .employees
in securing for
.
.

.

them all compensation rightfully due them under t h e Wo rkmens Compensation
Law, . however.
the
law is equally binding alike upon both
•
.• .
.
'

t~e company and its employees and the courts which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure of, any -pers0n whatsoever to c omply- with the
terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124. Session Laws of \Vyoming, 1925, relative to claim for compensation:
11 ••••• no application shall be valid or claim for compensat'ion enforceable and no order of award shall be niade ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein · such accident occurred within
six months after the day upon which the injury occurred,
unless the •empl.o yee' s report of accident is filed within
the prescribed. period for filing an employee• s report of
accident, in •which case the period of limitation shall be
-nine months.~
All employees ·are requested t6_ see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H.J. Harrington,
Supervisor of Compensation.

! \

·1

I
I

. r ..

l
;

I

'I

I

I

I •

�Rock S:p rings, rlyomi ng ,
Aug u ri t 19 , 1925.

To All Emp l o_ye e s

SUQ.i cct

to the 1,vorkmens Comp ensat i on Law:

The Union Pacific Coal Company will at a ll times attempt _ to safeguard the interests of its employees in securing for
them all compensation rightfully due them under the Workmens Compensa~ion Law, however. the law is equally binding alike up on both
t~e company and its employees and the courts which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any -person whatsoeYer to comply- with the
terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation:
no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workm~n or someone on his behalf with the Clerk of the District
Court in th~ county wherein such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed perioo for filing an employee's report of
accident, in •which case the .period of limitation shall be
nine months.'~
11 , • • • •

All employees are requested to see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H. J. Harrington,
Supervisor of Compensation ..

r

1
:
I

)

�Rock Spri ng s, \7yoming ,
Augu s t 19, 1925.

To All Emplo_yees Sub.iect to the Workmens Co mpensati on Law:
The Union Pacific Coal Company will at all times attempt to safeguard the interests of its employees in securing for
them all compensation rightfully due them under the Workmens Comp _e nsation Law, ho\7ever 1 the law is equally binding alike up on both
t1?-e company and its employees and the courts which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any person whatsoever to comply with the
terms . of the Act, we qu~te from paragraph (6), Section 4326 1 Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation:
no application shall be valid or claim for com~ensation enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein such accident occurred within
six months after the day upon ·which the injury o·c curred,
unless the employee's report of accident is filed within
the prescribed perioo for filing an employee's report of
accident, in which case the period of limitation shall be
nine months. 1i
11 • • • • •

All employeef:i are requested to. see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H. J, Harrington,
Supervisor of Compensation.

II

rI
i

�Rock Spri ngs , rlyoI!li ng ,
Augu s t 19, 1925.

To All Employees Sub.i cct to th e Workmens Compe nsa t i on Law:
The Union Pacific Coal Company will at a ll ti mes attempt to safeguard the interests .of its employees
in securing
for
.
.
.
them all compensati on rightfully due them under t he Workmen s Compensation
Law, . however.
the law is equally
binding alike up on both
.
,.
.
.
.

.

.

.

the cornpa_n y _and its employees and the courts which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any person whats oever to c omply with the
terms of the Act. we quryte from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for com- .
pensation:
....... no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein · such accident occurred within
six months after the day up_on ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed :periocl for filing an employee's report of
accident, in which case the ·period of limitation shall be
nine months.'!
All employees are requested to_ see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H. J, Harrington,
Supervisor of Compensation.

�Rock Springs, rlyorrii ng ,
Augu s t 19, 1925.

To All Emol oY-ees Sut"l.i ect to the vVorkrriens Compensation Law;
The Union Pacific Coal Company will at all times attem;i;&gt;t _ to safeguard the interests _o f its _empl _o yees in sec~r~ng ~or
them all compensation rightfully due them under the Workmens Com:pen~a~ion Law, _howeve_r . ~he law is equa~ly binding alike upo n both
the company and its emp~oyees and the court _s which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any person whatsoe,rer to comply- with the
terms _of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124. Session Laws of Wyoming, 1925, relative to claim for compensation:
no application shall be valid or claim for compensat'ion enforceable and no order of award shall be rriade ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein·such accident occurred within
six months after the day upon ·which the injury o·c curred,
unless the em9loyee 1 s report of accident is filed within
the :9rescribed period for filing an employee• s report of
accident, in which case the period of limitation shall be
nine months. •i
11 • • • • •

All employees are requested to_ see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H.J. Harrington,
Supervisor of Compensation.

�Roc k Sp ri ngs , Tly omi ng ,

Aug u r, t 19 , 1925.

To All Emp1 o_y :ees Sub.i cct to the 'l:Vorkmens Compensa t i on Law :
The Union Pacific Coal Company will at all ti mes attempt to safeguard the ·interests .of its .employees
in securing for
.
them all compensation rightfully due them uncl.er t he Workmen s Compensation
Law, . hov,ever,
the
law is equally
binding alike up on both
• .
. .
.
.
.
the compa_n y and its employees and the courts which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any pers on whatsoever to c o_m ply- with the
terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for com"1 \

pensation:

I
I

no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made unless an application or claim is filed by the . injured workrnan or someone on his behalf with the Clerk of the District
Court in the county wherein · such accident occurred within
six months after the day upon ·which the injury occurred,
unless the ems&gt;loyee' s report of accident is filed within
the prescribed periocl for filing an employee's report of
accident, in which case the period of limitation shall be
nine months.•~
11 , • • • •

All employees are requested to see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H. J. Harrington,
Supervisor of Compensation.

I

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I

.1

�Rock Springs, \'Iyo.ming ,
Aug u nt 19, 1925.

i

\
\,
I

I

To A11 Emp1o_V:ees Su1'.i ect to the Workmens Compensa t i on Law:
The Union Pacific Coal Company will at all times attempt to safeguard the interests .of its .employees
in securing
for
.
.
~

them all compensation rightfully due them uncl.er the Workmens Compensation Law, how~ver, the law is equally binding alike upon both
the company and its employees and the courts which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any person whatsoever to comply with the
terms _of the Act, we qu~te from paragraph (6), Section 4326 1 Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation:
no application shall be valid or claim for comyensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed periocl for filing an employee's report of
accident, in which case the period of limitation shall be
nine months. •i
11 • • • • •

All employees are requested to see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde 1
Vice President &amp; General Jlanager.
H. J, Harrington,
Supervisor of Compensation.

.]

�I

l

Roc k Sp ri ngs, \7yo mi ng ,
Aug us t 19, 1925.

To All Emplo_7 tees Su0.i ect to the Workmens Comr.i ensation Law:
The Union Pacific Coal Company will at all times attempt to safeguard the interests .of its .employees
in securing
for
.
.
.
them all compensation rightfully due them under the Workmens Compensation Law, ho\Y~ver, the law is equally binding alike upon both
the company and its employees
and the courts
which administer same.
.
. .
To the end that no employee will be deprived of his rights by
reason of the failure of any person whatsoever to comply- with the
terms _of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, re°lative to claim for compensation:
no application shall be valid or claim for compensation enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein · such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed :periocl for filing an employee 1· s report of
accident, in which case the period of limitation shall be
nine months. 1~
11 • • • • •

All employees are requested t6_ see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H._ J. Harringt·on,
Supervisor of Compensation,

�---- -

....

___,_._ ----- -------

------ --

\

Rock Springs , 1"Tyomi ng ,
Aug u s t

19 , 1925.

To Al 1 E mp 7 o\!:ees Suh.i cct to the Wo rl&lt;:m ens Compensa t i on LaVl.r :
The Union Pacific Coal Company will at a ll times attempt to safeguard the interests of its employees in securing for
.

-

them all compe_nsation rightfully due them under t he Yvo rkmen s Comp _e n~ation .Law, _ however 1 the law is equally binding alike upo n both
the cornpa_n y and its emp~oyees and the court_s which administer same.
To the .end that no employee will be deprived of his rights by
reason of the failure o~ any -pers0n whatsoever to c omply- with the
terms of the Act. we quryte from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation:
....... no application shall be valid or claim for compensation enforceable and no order of award shall be maa.e ·un- _
less an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein · such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report. of accident is filed within
the prescribed periocl for filing an employee's report of
accident, in •which case the ·period of limitation shall be
nine months.'!
All employees are requested to_ see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H.J. Harrington,
Supervisor of Compensation.

I

I-

�Rock Spr i ng s , \7yomi ng ,
Aug us t 19, 1925.

To All Employees Su'b.i cct to the Workmens Compensa t i on Law:
'.]?he Uni _on Pacific Coal Company will · at all times attempt to safeguard the interests of its employees in securing for
.

-

them all conipensati'?n rightfully due them under the Workmens Com:p_e n~ation Law, _ however I the law is equally binding alike upon both
the company and its employees and the courts which administer same .
To the end that no employee will be deprived of his rights by
reason of the failure o~ any pers on wha t s oever to comply with the
terms of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124 ·, Session Laws of Wyoming, 1925, relative to claim for compensation:
no application shall be valid or claim fo ·r c omp ensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the p rescribed :9erioc1 for filing an employee's report of
accident, in •which case the period of limitation shall be
nine months.~
11 • • • • •

All employees are requested to_ see that their applications are filed as per terms of the provision quoted.
Geo . B. Pryde,
Vice President &amp; General Manager.
H. J". Harrington,
Supervisor of Compensation.

�Rock Sp r ~ng s, \7yo mi ng ,
Aug us t 19, 1925.

To All Emplo_yees Sub.i ec~ to the Vvorkmens Compensation Law:
The Union Pacific Coal Company will at all times attempt to safeguard the interests .of its .employees
in securing
for
.
.
..
them all compensation rightfully due them under the Workmens Compen~ation Law, _how~ver, the law is equally binding alike upon both
the compa_n y and its emp~oyees and the court_s which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure of any person whatsoever to comply with the
terms of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, se·ssion Laws of Wyoming, 1925, relative to claim for compensation:
,no application shall be valid or claim for compensat'ion enforceable and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerlc of the District
Court in the county wherein · such accident occurred within
six months after the day upon which the injury occurred,
unless the employee's report of accident is filed within
the prescribed period for filing an employee's report of
accident, in -which case the period of limitation shall be
nine months.•~
11, • • •

All employees are requested t6 see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H. J. Harrington,
Supervisor of Compensation.

�Rock Spri ngs, \'lyoming,
Au~ust 19 1 1925.

To All Emplo_yees Sub.i ect to the Workmens Compensation Law;
The Union Pacific Coal Company will at all times attempt to sa,~eguard the interests _o f its ~mpl _o yees in securing for
them all compensati?n rightfully due them under the Workmens Com~ensa~ion Law, _how~ve!, ~he law is equa~ly binding alike upon both
the compa_n y and its_ employees and the court_s which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure of any uersnn whatsoever to comply- with the
terms . of the Act, we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation:
" ....• no application shall be valid or claim for compensat'ion enforceable and no order of award shall be maae ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed :9eriocl for filing an employee's report of
accident, in •which case the. period of limitation shall be
nine months. 1:

)

All employees are requested to. see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H. J. Harrington,
Supervisor of Compensation.

j

�Rock Spri ngs, Ylyoming ,

!

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AUBUSt

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19, 1925.

I

To All Empl ov.ees Sub.i cct to the Workmens Compensation Law:
will at all times atThe Union Pacific Coal Company
-.
.
tempt to safeguard the interests of its employees in securing for
t~em all compensation rightfully due them under the Workmens Compensation
Law, however
the
law is equally
binding alike upon both
1
.
.
.
.
.
.
.

the company _and its employees and the court_s which administer same.
To the end that no employee will be deprived of his rights by
reason of the failure o~ any person whatsoever to comply. with the
terms of the Act. we qu~te from paragraph (6), Section 4326, Chapter 124, Session Laws of Wyoming, 1925, relative to claim for compensation:
11 ••••• no application shall be valid or claim for compensat'ion enforcea.ble and no order of award shall be made ·unless an application or claim is filed by the . injured workman or someone on his behalf with the Clerk of the District
Court in the county wherein such accident occurred within
six months after the day upon ·which the injury occurred,
unless the employee's report of accident is filed within
the prescribed. perioc:I for filing an employee's report of
accident, in which case the period of limitation shall be
nine months.'J
All employees are requested to see that their applications are filed as per terms of the provision quoted.
Geo. B. Pryde,
Vice President &amp; General Manager.
H. J. Harr'ington,
Supervisor of Compensation.

.I

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�New Mexico Workmen's
Compensation Law
Effective June 1 4 . 1917
\ Ve issue policies covering

r ~~;rr

• Automobiles

Liability
Property Damage
Collision

1

Workmen's Compensation
Steam Boiler
Residence Burgbuy and Theft
Accident and Illness
Plate Glass
Bonds

Dentists'
Druggists'
Physicians'

Elevator

{ Liability Defon,e

General Liability
Industrial

Teams

Workmen's CompcnsaUon Effcctln In State of New Mexico, June 14, 1917

::...__ __

_ _ __ _ _ _ _ _ __ _ __

_

_

_ _ _ i~

�)

Are You Protected

Where all claims are settled promptly and fairly,
.., representing only standard companies:

b:v our

Workmen's Compensation P olicy
that relieves you of
all liability••·
trouble, annoyance, doctors', hospital and medical
bills, as required by the Jaw, or will you take a chance
-deprived of fellow-servants, assumption of risk and
contributory negligence defenses.

When one accident might Bankrupt you,
or seriously impair your Credit,

"Better Be Safe Tban Sorry"

B ritish and Fede1·ul Fhe Unde1rwritt'I·~
o f the Nm··wich Union
The Frnnhf ort Ge.u11erul
The Georgia C:11suulty
The L ondon Guarantee and A c cident
Ilnrtfo1·d Steam Boile1· and Inspection Co .

All now licensed doing business and maintaining an
office in the State, for tJle convenience of its policyholders.

"POLICIE S ISSUED
WHILE YOU WAIT"
Service and adjustments covering a period of seventeen years in New Mexico.

Read the law and see what you are against, then phone
or write for information and rates to.

Resident References Furn~ahed on Reque ■ t

CHARLES D. BROOKS
UNDERWRITING COMPANY

CHARLES D. BROOKS
UNDERWRITING COM PANY

Jacobson Buildiug, Denver, Colo.
or Albuquerque, N. M.

.Jaoob11on Building. Denver. Colo.
or ·A lbuquerque. N. M.

· - - - ~ ~..,--- - -~ - -__.;1/

;I

�~t\..utoinobile Policy
Our Auto Liability, Collision and Property Damage
covers every member of the family over 16 years, old,
without additional cost, while driving the car.
P UBLIC LIABILITY-Co,·ers you for damage imposed by
law, Oil account of personal injuries 10 other perrnns hy r&lt;!aso n
of the use, maintenance or operation of your auto mo bile $5,000 oil any one person or $10,000 on any one accident
im·olving two or more persons.
PROPERTY DAMAGE-Covers amounts not to cxce~ d
$1,000, which you may become liable to pay for d:1111:1 &gt;e to
other automobiles, vehicles or property.
COLLISION DAMAGB-Covers damage to rour automobile or its equipment, caused by collision with anr stati onary
or moving object. Covers up to the full value of the car and
equipment (including tire~, if damage amount s to S200).
Minimum loss requirement $25.00, which may be eli minated
from the policy upon payment of an additional premium of
$25.00.
FIRE-Against direct loss or damage to the automobile. caused
by fi1e arising from any cause whntsoever (other than war,
riot , invasion or insurrection).
THEFT- Against loss or damage by theft, robhl'ry, or pilferage
by any pen;on or persons other than those in the employment,
service or household of the insured. No minimum loss requirements.
SBRVIGB. lnvtstigation and Dt{tnse- Upon ·receipt of notice
of :m accident, the Companr makes a thorough investigation,
and in case of probable liability endeavors to make a settlement, at its own expen.•e, without litigation. In the event a
suit for damages should follow, the Company defends the
action, defrays all court costs and expenses, thus relieving the
assured from the annoyance and anxiety involved in such
claims and suits.
RA.TBS ON REQUEST

Charles D. Brooks Underwriting Co .
.Jacob■ on Bldll., D■ a'l'er, Colo., or Albuquerque, N. M.

�(
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EMPLO,

!(.~,

ESTABLISHED 1887

LIAOII.ITY

Puouc f/.::TIIUTY

AUTOMOUILE

CHARLE·s D. BROOKS
UNDERW"RITING CO.

ELEV ATOil lll SKS

TEA&gt;! RI SKS
B UIICLARY
ll'\DUSTHI Al,

Pll\'SIC IANS

D ENTIS TS
P l.ATE GLA SS
A CC ID ENT
Tl EA LTll

INSURANCE AND ADJUSTING

Suite -11 8 ,Jacobson llldrl.
Dcn,•er, Colo.

.A .lb,u1ucrt1110. N . r+I .

Compensation

ID § 1lD. 11.° 21 IDl. CC e

Effective June 14, 1917

&lt;;:overing all extra hazards, employing four or more.
Can you afford to be without protection, deprived of assumption of risk, contributory negligence and fellow-servant defenses;
or can you afford to assume a liability of sixty (60) per cent of
the average weekly earnings of any employee, regardless of the
nature a~d extent of the injury, (wilful or self-inflicted injury, or
intoxication, not covered) for a period of 520 weeks?
The weekly payments may cover a period of Ten years; for
permanent total disability for life, and in addition hospital, surgical and medicine). Maximum death benefit $5,400.00.
I will be prepared to quote rates, covering every occupation
and issue binders, covering your employees, until a representative
from this Agency can call on you, thus relieving you of all iiability,
both as to Compensation and Common Law, if Compensation is
held 'unconstitutional.
•
All losses are paid immediately from this Agency.
CHARLES D. BROOKS,
UNDERWRITING CO.
Suite 418 Jacobson Building,
Denver, Colorado.

Albuquerque,
New M~xico.

II
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�SYNOPSI§
New Mexico's Wor~en's Compensation Law
Effective June 14, 191 7

EMPLOYMENTS COVERED.

This law applies to all extra-haza1:dous employments in the ordinary course of th e
trade&gt;, business or occupation of the employer, of four or more, as follows:
(a) "Factories" means any premises wherein p.o wer is used in manufacturing,
making, altering, adapting, ornamenting, finishing, repairing or renovating any article,
including expressly any brick yard, meat-packing house, foundry, smelter, ore reduction
works, lime-burning pla::it, stucco plant, steam heating plant, electric lighting or power
plant, including all work in or directly connected with the constructions, installation ,
operation, alteration, removal or repair of wires, cables, switch-boards or apparatu s
used for the transmission of electric curre::it, and water power plant, including tow er s
and &amp;tandpipes, power plant, blast furnace, paper mill, printing plant , flour mill, glass
factory, cement plant, artificial gas plaµt, mii,chine. or machine repajr shop, salt plan t ,
oil refinery plant, chemical manufacturing plant, coke ovens and coal washeries.
(b) ''\\'orkshop!' means any yard, plant, premises, -room or place where powerdriven machinery is employed and manual labor is exerqised incidental to the. process
of making, ~itering, repairing, printing, or oruame::iting, finishing or .adapting for . sale
or otherwise, any ·article or part of articie, over which · premises, room or 'p lace · the· employer of the 1:erson. working tberein has, the rig·ht to atce;,s or· control.
(c) "Mi11" means any plant, premises, room· ' or place where ri1achjnery is used,
any process of machi:lery, changing altering, or repairing any article or commodity· for
sale or otherwise, together with · the yards and premi~es which are part of the plant,
:nrluding elevators, warehou_s es and bunkei;s, sawmill,_sash {actory or other work in the
lumber industry.
(d) "l\Iine" means any o.11ening in the earth for the purpose of extracting iron, oil,
coal or •other minerals, and all underground workings, slopes, drifts, shafts, galleries,
wells and tu:mels, and other ways, cuts ·and openings connected therewith, including
those ir,. the course of being-opened . sunk · or driven, and includ~s all tl1e appurtenant ·
Etructures or machinery at. or about the. openings of ,the mine, and . any adjoining_ or
adjacent work pla~e where the mate.ri~l. [rom a mi]le is prepared for use or shipment,
including tramways, tracks, haulag~ways, loading bins and tipples.
•
•
(el "Quarry" means any place, not a mine, where stone , slate, clay, snt~d. :~tavel
or other solid material is extracted from the earth.
(fJ Reference to any "building work" shall be understood to include any worl{
in thP. erectio:1, construction, extension, decoratioh, alteration reuair or ,1emolition of
anr i.Juilding or structural appurtenances, except residencP,., anci dructures being 1,uilt
for the private use of the owner of farms, ranches or residence lots a·nd not under
0

C 0l1ll'UCt.

lgJ "Engi:ieering work" means any work in the construction, alteration, extension, repair or demolitio~1 of a brldge, jetty, dike, dam, reservoir: underground conduit,
sewer, oil or gas well, oil tank. gas tank, water tank or tower, any caisson work or work

in artificially compressed air, any work iii · dredg'in'~. work 011 log or lumber raft
bo_oms;_J?ile-~riving, 1_n o.vi11g _safes.' ·or in_la~!ng, _repair!ng: or _removlng·underg-r ~und :P;P~:
a_nd _conn_e c~10ns, th e erec_t10n, _m stall~n~. repairing, or remoying unde_rground pipes
a:.id. connections, the erections, mstallmg, re pairing . or removinoof boi·lers ·fu
••
•
d
. •
•
•
'·0
rnaces,
, •
cl• •:
e_ngmes an_ pow e r machm ery (including belting and other connection)
·
ra r
t'
.
an any work
m ·g c mg or ~xcava m g wh ere shoring is necessary 1n· power , machinery or· bla r · .
powder, dynamite or othe r high explosives are in use.
•
•
s mg _
(h) '·Emplo yer " in clud es a ny pe rson, · 6r body or .·persons, corporate or incorporate
and· the lega l r ep r esenta ti ves ·or a deceased emp'!o yer or the r e·ceiver ·or.. trustee of ;
person, co r1~ora tion , a ssoc iat ion or partnership e:1gaged in or carrying on for lh·e p·u r&gt;
11ose of_ busm ess, trade or gai n a ny of th e occup ati ons ·or ptirs uits to which lhis act .:
is appli ca ble.
(i) " \iVork ma n" m a ns any pe rson . who has e nte r ed in to the e mployment of or
works _u nde r co:itract of ser vice or ap prentices hip with an e mployer, e·x cept a· pe.rson
whose em ployme nt is purely casiia l and not for the purpose of the· employer's trade ·
or busin ess. T he t erm "workman" shall includ e "em plo~·e" • ai1c1 sl;all include the
singula r ·a11d plura l of both sexes.

�INJURIES COVERED.

Compensation is payable for every injury caused by accident arising out of a:id
in the course of employment, with fixed maximum and minimum limitations and for
varying periods of time, depending upon the nature a:id the extent of the disability and
is payable generally on a fifty per cent basis, for death as high as a sixty per cent basis,
including $50.00 funeral expense.
POLICY PROVISIONS.

Every policy must provide that the insurer shall be directl y liable to the employee,
that notice to the i::isured shall be notice to the insurer, that th e in olvency of th e
insured shall not relieve the insurer.
SYSTEMS PROVIDED.

By carrying a Workmen's Compensation policy with a company autho rized by the
State Insurance Department to issue such contracts or by -filing in the District Court
in the judicial district in which the operatio:is are carri ed on, satis[actory evidence
of the ability of the employer to pay such compensation , guaran teed by a bond iss ued
by an authorized company, or a bond signed by two resid ent taxpay ers of t he State
and the approval of the Judge.
SUITS FOR DAMAGES.

Any employer who has elected to come under the law, although not e ngaged in extra
hazardous occupatio::i, shall be entitled to all the defenses . If engaged in extra hazardous
occupation and has not complied with the Compensation requirements the assumption
of risk, contributory negligence and fellow-servant defenses are abrogated. compensation
payments being the exclusive remedy.
LOSS OF TIME.

Indemnity for loss of time under Compe:isation begins on the twenty-second day
and in no event is payment made for the first three weeks. However. medicine, medical
surgical and hospital expense furnished by employer.
DEATH BENEFITS.

Death benefits shall be paid In monthly installments corresponding in amou:it to
as much as sixty per cent of the average weekly earnings of the employee for a period
of 300 weeks, not exceeding $5,400.00.
PERMANENT TOTAL DISABILITY.

In cases of permanent total disability the award shall be fifty per cent of the average weeldy wages, not exceeding $10 per week, and shall continue until the death of
such persons so totally disabled, not exceeding_a period of 520 weeks. The loss of both
hands, or . both arms, or both feet, or both legs, or both eyes or any two thereof, shall
prima facie constitute total and permanent disability, to be compensated according to
the provisions of the law.
TOTAL DISABILITY.

When disability is temporary, but total, compensation Is fifty per cent of the average weekly earnings during the period of such disability, not to exceed a maximum of
. $10.00 per week and not less than $5.00 per week, unless the employee's wages shall
be less than $5.00 per week, in which event he shall receive compensation equal to his
a,·erage weekly wages.

�I S 11

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/

/

COMPENSATIO·N LAW
OF THE

STAl'E OF WYOMING
OHAPTE;R. 124.
Session Lnws 1015.

THE WORKMEN'S COMPENSATION LAW.
AN ACT providing compensution for injuries or death resulting from
•injudes, of workmen from accident occurring in extra-huznrdous
'employments; defining extra-huzanlous employments and •providing for the accumulation, maintenance und administration of funds
0
in the State Treasury for the payment. of such compensation . and
·repealing Sections 3526, 4291 and 4292 of Wyoming Compiled Statutes, 1910, and nil other ·laws or parts of lnws relating· to duwuges
for injuries or death from injuries, or in anywise in conflict with
this .A.ct, in so far ns they ure npplicnble to extra-hazardous employments.

Be It Enacted by the Legislature of the State of Wyoming:
Section 1. This Act shall be known as the "Workmen's
Compensation Law."
General Provisions.
Sec. 2. Compensation herein provided for shall be payable
to persons injured in extra-hazardous empfoyment, as herein
defined, or the dependent families of such, as die, as the result
of such injuries, except in case of injuries due solely to the
culpable negligence of the injured employee. Said compensation shall be payable from funds in the State Treasury to be .
accumulated and maintained in the manner herein provided.
The right of each employee to compensation from such funds
-shall be in lieu of and shall take the place of any and all rights
of action against any employer contributing, as required by
law to such fund in favor of any such person or persons by
reason of any such injury or death. Sections 3526, 4291 and
4292 and all other laws or parts of laws relating to damages

�COMPENSATION LAW

2

fo_r injt:ries or death from injuries or in anywise in confl1 ct
with this Act :a.re hereby repealed, as to t he employmen ts employers and employees coming within the terms of this Adt.
Provisions Exclusive, Compulsory and Obligatory.
Sec. 3. The rights and remedies provided in this Act for
an emp;oyee on account_ of an injury shall be exclusive of a ll
other rights ·and_ remedies of such employee, his personal or
lPgal representatives or dependent family a t common law or
otherwise_ o_n account _of such injury; .and the terms, conditions
and provISions of this Act for the payment of compensation
~nd the amo~t _th~reof for injuries sustained or death r esultmg from such IDJuries shall be exclusive, compulsory and oblig ato11'.' ~pon bot~ employers and employ ees coming within th e
prov1S1ons hereof.
•
Extra-hazardous Occupations.
S~. 4. The extra~ha.zardous occupations to which this Act
.
1s applicable are as follows: factories, garages, mills, printing
plants and works_hops ~here machinery is --u sed; foundri es.
blast furnaces; mIDes, 011 wells, oil refineries; gas works; na~
tural gas plants; water wor~s; - reduction . works; breweri es ;
cleva~o~ ;- dredges; excavations; transfer companies, general
t£-ammg; sm~lters; powder works; laundries operated by
ower i, quarries; enipneering ·_works; logging; lumber ya i'-'µ s;
umberIDg and saw mill operations; street and interurban railroads not eng8:ged in interstate commerce; buildings being con~ructed, r~paired, moved or demolished; painting and paintmg operations; telephone, telegraph electric light or power
pl~nts or_ lln:es; steam heating or po~er plants; railroa ds · not
cn.,aged m inter~tate comn;ierce; bridge building and all employments _wherei!l a process requiring the use of any dangerous dexplosive or mflammable materials is carried on which is
eo: :cted for the purpose of business, trade or gai~ each of
w
emp_loyments is hereby determined to be extra-h'azardous
~ w:ich from the_nature,_ conditions or means of prosecuthon
t e work therem reqmres risks to t'he life .and limb of
st:n::rikmen en~aged ther~in are inherent, necessary or subwher Y ~~voidable. This Act shall not apply in any case
righ/ th t~ury occurred before this Act takes effect and . all
to th~ ~ 1 have accrued_ by reason of any such injury prior
llow ·sr mg effect of this Act shall be saved the remedies
h ~XI mg therefor. This Act shall apply to the employers
tfaw om workmen have been employed continuously for more
set J°~hm~:ti at the time of the iaccident. [Amended by
19l!l.]'
• , • L. 1917; amended by Sec. 1, Ch. 117, S. L

f

t·
:f °

?

STATE OF v\TYOJ\IING

3

Exceptions.
Sec. 5. This Act shall not be c·onstruecl to apply to business or employments, which accru·ding t o la.w are. so engaged
iu inter state commer ce, as to be n ot subject to t he legislative
power of the State nor to persons inj nred while they are so
E:ngaged .
Definitions.
Sec. 6. In this Act unless th e context otherwise r equires :
( a ) " Factories" mean any premises wherein power is used
in manufacturing, making, alter ing, aclapting, orn amenting,
fi 11ishing, r epairing or r enovating any article for the purpose
of trad e or gain or the business carri_ed on therein , including
expr essly .any brick yard, meat-packi11g 11ouse, fo undry, smelter
oi·e reduction ,rnrks, lime-burning plant, stucco plant, steam
heating plant, electr ic lighting or power plant, including all
work in or . directly connected with the construction, installation, operation, alteration, r emoval or repair of wires, cables,
swi tch- boards or ap,paratus nsecl for th e transmission of electric
current, and water power plaut, including towers and: stand r ipes, power plant, blast furnace, pa.per mill, pi·inting plant,
flom· mill, glass factory, cement plant, art ificial. gas plant, machine or r epair shop, salt plant, oil r efinery plant and chemical
manufacturing plant.
(b) " '\Vork shop" means any yar d/ plant, premises, room
c,r place where power driven machill"ery is employed and· manu al labor is exer cised by way of ti-ade or gain or otherwise in cidental to tli-e process of makin g, altering, r epafring, printing
or ornamenting, finisiJ1ing or adapting for sale or otherwise any
2rticle or pa.rt of article, over whi ch premises, room or place
the employer of the person working ther ein has the right of
access or control.
.
( c) " l\Iill " means any plant, premises, room or place
where machinery is used, any process of machinery, changing,
altering or repairing any article or commodity for sale or otherwise together with the yards .and premises, _which are part of
the plant including elevators, warehouses and bunkers, saw
mill, sash factory or other work in the lumber industry.
( cl) ' ' l\fine" means any opening in the earth for the pur-

pose of extracting iron, oil, coal or other minerals and' all un-

aerground workings, slopes, drifts, shafts, galleries; wells and_
tunnels, and other ways, cuts and openings connected therewitl1, including those in t_he course of being ope¥ed, sunk or
driven, and includes all the appurtenant structures ·or macbinery at or about the openings of the min, and any adjoining
adjacent work place where t he material from a mine is prepared for use or shipment.

-

�_ J __

4

COl\IPENSATION LAW

(e) "Quarry" means any plac~, not a :ni1:e, wher e ston e,
slate, clay, sand, gravel or other sohd• material 1s dug or ot herwise extracted from the earth for the purpose of trade or bar gain or of the employer's trade or business.
(f) "Building work" ~eans any "'.ork in tl~e er ection, construction, extension, decorat10n, alteration, r epair or d emolit ion
of any building or structural appurt enances.
(g) "Engineering work" means any work in the constr uc tion 1 alteration extension, repair or demolition of a r ailway
tas hereinbefo;e defined), bridge, j etty, dike, dam, r eservoir,
underground conduit, sewer, oil or gas well, oil t ank, gas tank ,
·water tank or tower, any caisson 1Yorl!,'. or work in artificially
compressed· air, any work in dredging, work on log or lumbe r
rafts or booms; pile driving, moving buildings, moving safes,
or in laying, repairing or removing underground pipes an d
connections, the erection, installing, repairing, or removing o.f
boilers, furnaces, engines and power machinery (including belting and other connections) and any work in grading or excavating where shoring is necessary or power machinery or
blasting powder, dynamite or other high ·explosives is in use
lexcluding mining and quarrying).
(h) "Employer" includes any person, or body of p ersons
corporate or incorporate, and the legal representatives of a d·eeeased employer or the receiver or trustee of a person corporation, association or partnership.
'
(i) "Workman" means any person, who has entered into
the employment of or works under ·contract of service or apprent~ceship with an employer, except a person W'h-ose employment IS pur~ly casual and not for the purpose of the employer's
~rade or busmess or those engaged in clerical work, and not subJec~ ~o the hazards of the business or one holdinu an official
po51 hon. The term "workmen" sh~ll include "employee" and
!he term "employee" shall include "workmen" and each shall
mclude the singular and plwal of both sexes. Any reftrence to
a wor~man, who has been injm·ed shall, where the workman is
~'ead, mclude a reference to his "dependent family" as heremafter defined, or to his legal representative or where the
workman 18
•
•
·
fri
a mmor or mcompetent to his guardian or next
en~. ~Amended by Sec. 2, Ch. 117, S. L. 1919.]
(J) 'Dependent families" as used in this Act means such
:ee~bers of the 'Workman's family, as were wh:olly or in part
in .P ndent upon t_he workman for support at the time of the
and shall mclude widow or husband as the case may
beJury
children, or 1"f no widow
•
'
.
' and of
parents
th • •
' husband or child'l'en' the
hi f
e. InJured workman, if actually dependent upon
or ~upport at the time of the injury• if it be shown that
thm
e SllrVIvmg sP0 use WI"Ifully deserted deceased
'
without fault

. I

STATE OF WYOMING

5

upon the part of th e deceased, such surviving spouse will not .
be r egarded, as a dependent in any d&gt;egree. No surviving .
spouse shall be entitled t o the benefits of this Act , unless she
shall have been married to the deceased at filre time of the
injury.
.
(k ) "Child or childr en" means such that are under SIXt een (16) years of age (and over said age, if physically or
mentally incapacitated from earnin g) and shall also include
legitimate children of th e injur ed• w01:kman bor~ after his
deabh from injlll'y. In other cases quest10ns of family diependency in wh ole or in part sh,all be determined: in accordance with
the fact, as the case may be at the time of the injury; the foregoing defu1ition of "dependent f~mili es ': ~hall no t includ~ a1;1y
of the persons named, who are aliens r e~1dmg beyond the ~u~·1sdiction of the United iBtates of Amenca, except a sur v1vmg
widow or children under sixteen (16) years of age and as to
such n~n-r esident aliens the rate of compensation shall not exceed thirty-three and one-thil-d per cent (33¼ %) of the r ates
of compensation herein provided. [Amended by Sec. 2, Ch.
69, S. L. 1917.]
(1) The words "inju ri es sustained _in extra-hazardous ~mployment, " as used in this A.ct shall m clude death r es~ltmg
from injury, and injuries to employees, as .a resul~ of then· ~ ployment and while at work in or ab out _tI1;e ~rell1.lses o?cupied,
used or controlled by t he employer, and•mJuries occl1;1'rmg _elsewhere while at work in places wher e tilreir employer s busmess
requires their presence and subjects them t_o extra-.h~za~·dous
duties incident to the business, but shall not mclude mJm-ies _of
the employees occm·ring while on his way to _assume the ~uties
of ·his employment or after leaving such duties,. the proxunate
cause of which injury is not the employer 's negligence.
(m) The words " injury and personal inju~y" shall n~t
include injury caused by the wilful act of a third person directed against an employee for reasons perso_nal to such employee, or •because of his employ:n~nt ; ~or a d1s~ase, except, as
it shall directly result from an lllJury mcurred m the employment.
(n) "Invalid" means one who is physically or mentally
incapacitated from earning wages. Guardian May Act.
Sec. 7. In case an injured workman is mentally incompetent or a minor, or _where death ~esults from the injury, _in
case :any of his dependents, as herem de.fined_ be menta!lf mcompetenrt or a minor, at the time when any righ~ or _Priv1lege
accrues to him und&gt;er this Act, his guardian may, m h~s ~&gt;eh~lf,
claim and exercise such right or privilege and no hmitation

�6

COMPENSATION LAW

of time, in this Act provided for, shall run, so long as such

incompetent or minor has no guardian.

If Other Thrul Employer Is Liable.
Sec. 8. Where an employee coming under the provisions
of this Act received an injury under circumstances creating
a legal liability in some person other than the employer to pay
damages in respect thereof, and no legal liability attaching to
the employer, then and in such case such employee sh all be left
to his remedy at law against such other person, and compensation shall not be payable under this Act.

This Act Governs.
Sec. 9. No contract, rule, regulation or device whatsoever
shall _op~r_ate to relieve the_ employer, in whole or in part, from
any liability created by this Act except a,s herein provided.
Blank Forms Supplied by the State Treasurer.
Sec. 10. It sha~ be the duty of ~he State Treasurer to prepare, cause to be prmted and supplied free for use in the .adruinistration of this law such blank forms as may be needed by
employers for reporting and certifying pay-rolls of persons
employed by them in extra-hazardous, employments and for
reporting injuries; and forms for use of injured persons in
making claims for compensation; also to provide himself with
such oth&lt;:f books, record1s or forms as may be deemed necessary
to expedite the transaction of business under the provisions of
this Act.
Employer's Report of Accident.
Sec. 11. Whenever an accident occurs causing mJury to
any workman engaged in any of th:e extra-hazardous employm~n~s defined by this Act, it shall be the duty of the employer
w1.thin ~O _days thereafter to make a report of such accident
and the mJury resulting therefrom and to file said report in the
office of ~he Clerk of the District Court of the county wherein
such accident occurred, which report shall state:
(1) The name of the injured workman and the time cause
~nd n_ature of the accident and injury; also whether the 'injury
~s dis~bled the workman from continuinothe performance of
0
his duties.

(2) ·whether the accident occurred w1iile the workman
was ena0 age d m
• h
and grew out of
th e employment.t e duties of his emplovment
•
'
3
1 (th) The nature of the employment and duties and how
c:ngl e workman had been eno-aged
in the service of such
0
emp o~rer.

STATE OF 1?{YOMING

7

( 4) 'Wh eth er th e .accident was or was not due solely to .the
culpable n egli gence of t he inj ured employee and if so a statement o.£ t he fa cts.
'
(5) ·wheth er th e inj ured workman is married or single;
if mal'l'i ed, whether he has a dependent family, and if so, the
n ames of the persons comprising such dependent family and
th eir place of r esidence.
(6) ,V,Ji ether the in jured workman claims compensation
under this Act, and whether his right t_o compensation or the
2mount of compensation is disputed by his employer.
1Said•r epor t may be made up on a printed for'm prepared by
the Stat e 1'r easurer for such purposes, and shall be verified as
pleadings in civil actions. Failure or neglect on the part of any
employer wh ose business or_occupation is one enumerated and
defin ed her ein, as bein g extr a-hazar dous, to r eport accident s
causing inj ury to any of his cmployes, s~1:al1 be a misdemeanor
and upon con viction su ch employer shall be punished by a fine
of not exceeding Five Hm1 dred ($500.00) Dollars.
Investigation by the District Judge-Procedure in Disputed
Cases.
Sec. 12. ·w h enever an injury or death r esulting from injury is r eported to the Clerk of t he District Court of the county
wh er ein such injury occurred, in accordance with the preceding section, it shall be fl1 e duty of said Clerk to at once notify
th e Judge of said Court, t hat suc:h injmy report h~s ·been filed
in his office. It shall th ereupon be the du,ty of said Judge to
·illvestig.ate the nature of said injmy and claim for compensation at the earliest possible date, in such a manner as he may
(., deem necessary to ascertain whether the claim for compensation or the amount thereof is disputed by the employer, rmd if
there be no dispute as to the right of the injured workman to
receive· compensation, or as to the amount thereof, and the
claim appear to be free from collusion, said Judge shall the_reupon make an order directing payment for such compensati_on
from the State Industrial Accident Fund in accordance with
the facts by him ascertained .and the terms of this law. If
there be a dispute as to the right of said injured employee or
his dependent family to receive compensation, or as to the
amount thereof then it shall be the duty of said Judge to set
the case down i or a hearing at .tb:e earliest possible date and ~o
direct notice of such hearing to be issued by the Clerk of said
Court for service upon the employer and the employee at least
seven (7) days before the ·elate fixed! for said hearing, :vhich
said notice shall be served by the Sheriff of said county without
expense to eit•h er p.arty, except that his actual trav~ling expenses shall be allowed and taxed, as costs. The hearmg shall

�COMPENSATION LAW

8

STATE OF WYO&gt;ivIING

be conducted upon the statement and r eport fil ed by th e employer and such fomal _cla~ms as may be presented and filed
with the Clerk of the D1stnct Court by or on behalf of the injured workman. If the employer in his r eport of th e injury
alleges t1rat t_he_injury was due solely to th e culpable n eglig&lt;:~ce ?f the mJured_ empl?y~e, or that ~l:e claim for comp ensation 1s one not commg withm the provisions of this law th en
a jury may be demanded•by either party and the cause sh'an be
tried, as a court proceeding. If a jury is d emand·ed, it may be
selected from names drawn from th e fiv e mile limit jury box.
as in civil cases, at any time in term time or vacation unless i
regular jury panel be in attendance . at Court on th e clnte ar1y
such hearing may occur. The taking of evidencP. shall he summary giving a full ~pportunity . to all parties to develop the
facts fully. The official Court R eporter of the district shall attend the hearing and make a stenographic report of the t&gt;vidence without cost to either party. The Court or Jud()"e s·h all
direct the County and Prosecuting Attorney or other co;petent
attorney appointed by the Court to conduct the examination of
·witnesses on behalf of the injured workman, and it shall be the
duty of said attorney to appear andi perform such service without expense to either party. The employer may appear in person or by counsel and introduce evidence at the same hearing.
No costs shall be taxed by the Clerk except fees for witnesses,
who may be subpoenaed and who shall be allowed the same fees
for ~ttendance and mileage as is fixed by law in civil actions,
and Ju_ry costs shall also be taxed to and paid from the accident
fund, if the verdict and judgment be in favor of the employer,
but if a~ainst the employer then he shall pay the costs. At the
conclusion of the hearing, the ·court shall enter an or&lt;for pursuant to the verdict of the jury, if a jury be called, and if no jury
be called, the Court or Judge shall render a decision upon the
facts and law of tl1e case pursuant to the provisions of this Act,
ana make an order allowin()' or disa1lowing compensation, as
}he law and the evidence may warrant. In any proceeding be) ore a Co~ or Judge, as aforesaid, the Court or Judge ~~all
iave au~honty to appoint a duly qualified impartial physician
to examme t~e injured employee and give testimony. The ~ee
fo~
such senriee shall be Five ($5.00) Dollars, unless otherwise
0
~h ered _by the Court, with mileage allowed as is allowed to
other witnesses, which shall be taxed as c~sts ·and paid as
o er witness f ees are paid. The employer
'
'
h"
or employee
may at
0
•~
expense also appoint a qualified physician, who may
a e~ and be present at any such examination of an injured
tmp oyee and give testmony at such hearing or investigation.

-;r1

,,,.

&lt;.;:J

9

Appeal to Supreme Court.
Sec. 13. .Any order given and made in any investigation
or hear ing by a -Court or Judge pursuant to the provisions of
th is Act shall be r eviewable by the State -Supreme Court on
proceedings in er ror :in the manner prescribed by the code of
civil pr ocedure; provided, h owever, that th e petition in error,
bill of exceptions and r ecord on appeal must be fil ed in the
Su preme Court within thirty (30 ) •clays from the date of decision or order on motion for new trial by a Court or a Judge;
unless the time be ex te nded by or der of Court or Judge, and
thirty (30 ) days shall be allowed .all parties ther eafter for filing briefs an cl said appeal shall be advanced on the calendar
and disposed of as promptly as possible. In case an appeal t o
the Su preme Court is prosecut ed' on belrnlf of the injured
workman, the County and P rosec\1ting Attorney, or other at'torney r epr esenting said work man, shall or der a transcript of
the r ecord of the hearing and pr oceeding to be prepar edl by the
offi cial Co ur t Reporter of the district wh er ein said injury occurred and duly certifi ed without cost to said injured workman and said County and• Prosecuting Attorney or other attorn~y shall or der the papers on file in th e office of tbe District
Court t o be by said Clerk pr epar ed, transcripted, certified
a nd forwa r ded to the Clerk of the Suprem·e Court without costto th e injured workman, and the proceedings in the Supreme
Court shall be cond11cted on behalf of the injured workman by
the At torney Gener al of the State as a part of his official duties,
and by other attorney r epr esenting said workman. In case an
app eal be prosecute d on behalf of the employer, th e i:ecorc~ of
th e proceedin()'s at the ori ()'inal hearing shall be supplied without cost to s~ch employ:1-, .but such employer may employ
counsel to conduct such appeal on his behalf.
Court Order Recorded-Copies to Auditor and Treasurer.
Sec. 14. Every order given and made by a ~istrict &lt;;ourt
or Judge awarding payment fro1~ the Industnal ~ccident
Fund to an injured employee or lus dependent fannly, s:lmll
be entered of record by the Clerk of the Court where give:1
and true copies thereof shall be immediately made a1;1d certified by said Clerk .and forwarded: to the State Auditor and
State Treasurer, respectively1 of '\Vyoming, and shall be by
each of said officers entere·d! upon a record to be known as the
Compensation Docket and shall be the authority and direc~on
of the State Auditor to issue warrants for compensat10u
awards against the Industrial .Accident Fund and fo!· the State
Treasurer to pay such compensation a.wards from said fund.

�10

CO:i\IPENSATION LAW

Industrial Accident Fund-Appropria,tion.
Sec. 15. There is hereby created a fund to be known as
tlie "Industrial Accident Fund," which shall be he1'd by the
State Treasurer and by him_ deposited in such banks as are
i&gt;.uthorized to receive depoS1ts of funds of the State. The
Treasurer in making said deposits &amp;hiall divide th e said Industrial Accident Fund into two &lt;listinct funds, one to be known
ru; the ' ' General Fund'' and the other to be known as the ''•R eserve Fund." The "General Fund," as near as may be, shall
be used for payment of all awards, clajms and items of expense
charaeable against the Industrial Accident Fund, and the '' Re ..
serv: Fund" shall not be used for any of said payments unless
the "General Fund" at the time is insufficient to meet the demands upon it, in which case the Treasurer shall transfer from
the '·Resene Fund" to the "General Fund" a sufficient amount .
to meet the immediate demands upon said '' General Fund.''
The purpose of creating said '' Reserve Fund'' is to provide a
fund within the Industrial Accident Fund sufficiently large to
pay great aud unusual demands upon the Industrial Accident
Fund which might be caused by a large disaster or by several
such disasters occurring within a short time, and the '' Reserve
Fund" shall be kept apart from the "General Fund" :and as
r.ear as may be unused in accordance with said purpose. Within thirty da.ys from the date on which this, Act shall take effect,
tl1e State Treasurer shall set aside in thre '' Reserve Fund''
Three Hundred Thousand Dollars ($300,000.00), and thereafter
shall set aside in this said "Reserve Fund" at the end of each
month twenty-five per cent (25%) of all nioneys. received in
the lndustrial Accident Pund during said month m excess of
the amount expended, the balance. of moneys so receive&lt;l to be
used in the "General Fund•. " Three-fourths of the "Reserve
I·'und" shall as near as may be kept invested in United States
Government Bonds. All moneys received by the State
Treasurer under the provisions of this Act shall become a par~
of the Industrial Accident Fund and there is hereby appropriated out of the funds of the State Treasury not otherwise appropriated the sum of 'rhidy Thousand Dollars, ($30,000.00)
wh1ch shall be paid into and become a part of such fund.
There is also appropriated annually, until otherwise provid_ed
by law ~ut of any moneys in the State 'l'reasury not otherw_1se
appropriated, a sum equal to oue~fourth of the tota,l S'Um which
shall be received by the State Treasurer from employers under
the proYisions of Section 16 hereof not however to exceed the
sum of Fortr Thousand Dollars ($40,000.00) p~r annum, and ·
i:be money so .appropriated shall be credited to and become a
part _o~ such fund . All fees or mileage of witnesses, jurors and
physicians adjudged to be pai&lt;l from the accident fund in any

STATE OF "WYOMING

11

court proceeding under this Act, and all contingent expenses
incurred in preparin g fo r and in th e administration of this ·A ct
shall be I ai d fr om th e Industrial Accident Fund on proper
voucher s ,an d warrant . [Amend ed by Sec. 3, Ch. 117, S. L.
1919.]
Employers' Assessment.
Sec. 16. Eve ry employer engaged in any of th e occupations h er ein defined, as extra-hazar dous, is her eby r equired to
pay into th e State Treasury for t he benefit of the Industrial
Acciden t F un d a su m of money eq ual to one and one-half per
cent (1.½ % ) of th e moneys earned by each of his employees
eng,aged in su ch ex•tr a-hazard ous employment during each
c;alend ar mon th of such employment. Such payment shall be so
made on or befor e the 15th clay of th e mont-lll following the
month for whi ch such payments are compute d and paid. The
State Treasurer sh all k eep a separ ate account for each employer so contribu t ing to said fu nd•, but he shall ~ot charge
against any emp-loyc r th e amount of any ,~rarrant until th e same
Jras been paid . Bach empl oyer shall contmue to make monthly
contributions as above provided, unl ess the sum theretofore
contributed by him, after deductin g all payments made on account of inji.u·ies to his employees and all allowances made on
account of such injuries, shall equal full one and oue-h~lf per
cent (1½%) of his annual pay-roll computed by m~ltiplymg
his current month's pay-roll of workmen ~ng.a?ed m extrahazardous employment by twelve and shall likewise be not less
than Five Thousand ($5,000.00 ) Dollars: Such _em~loye1: shall
not be compelled to contribute when lus c_ontr1butions m the
fund, after making deductions as aforesaid, shall equal one
and one-half per cent (1½% ) of his ·annual pay-roll, and shall
likewise be not less than Five Thousand ($5,000.00) Dollar:[Amendecl by Sec. 3, Ch. 69, S. L. 1917; amended by Sec. ,
Ch. 117, S. L. 1919.]

d
Copy of Pay-Roll to State Treasurer.
Sec. 17. It shall be tb:e duty of each employer to ~orw~~e
to the State Treasurer on a blank form provided _by ~aid S\
Treasurer, a true copy of his pay-roll of perso1;1s m Ins e:i,~e~
engaged in extra-hazardous employment clurmg the c
C;alendar month sworn to either by himself or the ptson
ing knowledge ~f said pay-roll. Each employer, un ess O •
wise supplied with the last above blank form, shall seasona Y
1
1 same. A11Y failure off any
apply to said Treasurer for tie
. sue ,_1
1
O
cmpioyer to file wi&gt;th said State Treasurer a copy
us pa?
. provided,
•
w1 1roll as herem
sh a11 b e a ~·sdemeanor
• ' .and
· any
rovided
fully false statement in any _affidaVJt made as ;er:fsciemeanor
shall likewise constitute a nusdlemeanor, and a Y

;t~~r

�-~ ------

12

CO)IPENS.ATION LAW

committed as in this Act provided shall be punishable by a fine
of not more than Fi,e Hundred ($500.00) Dollars. [Amended
by Sec. 4, Ch. 69, ·S. L. 1917; amended by Sec. 5, Oh. 117, S. L.
1919.]

Duty of County Assessor, State Treasurer and Attorney
General.
.
Sec. 18. It s~1all be the duty of the County Assessor in
each of the counties of the State to make a _list of all employers
within his county who are engaged in extra-hazard·ous industries as defined by this Act, and to forward such list of extrahazardous employments and: industries to the State Treasurer
within thirty (30) da.ys after the passage and approval of this
Act. It shall further be the duty of the County Assessor in
each county of the State to make monthly reports to the State
Treasurer showing what, if any, extra-hazardous industries
have suspended business permanently, and what, if any, new
extra-hazardous industries .have been establis•h ed and commenced in his county during the preceding month, and also
showing each extra-hazard~us industry of his county not theretofore reported by him, and it shall be the duty of the State
Treasurer to immediately proceed in the collection of -assesments from sueh extra-hazardous industries in the manner
1,rovided in Sec~ion 16 of this Act, and in case any County
.Assessor shall fail to make the report required by this Act or
shall neg_ligently fail to include in such report any empldy et·
engaged m extra-hazardous business or industry and not there tofore ~eported, he shall be guilty of a mis·clemeanor and shall
be pumshed by _a fine of not more than Five Hundred ($500.00)
Dollars. And m case any employer engaged in an extra.-hazardous business or industry, as defined by this Act, s•l mll fail
or refus~ to pa;v the assessment upon his current monthly payroll, as 1s required by this Act, he shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five
Hundred ($500.00) Dollars, and in a!dtlition to the said fine it:
shal~ be the ~uty of the Attorney General of this State to immediately brmg suit in the name of the State for the benefit
of the !ndustrial Accident Fund against such employer for the
collection of such assessment and if a judgment for the recovery of said assessment be' given in favor of the State for
the use and benefit of the Industrial Accident Fund said judgmen~ shall be for double the amount of the pay-roll assessment
rosvid~ by Section 16 hereof, together with costs. [Amended
Y ec . .&gt;, Ch. 69, S. L. 1917.]

Compensation Schedule.
th Sec. 19• Each employee, ,vho shall be injured in any of
e extra-hazardous employments, as herein defined, or the de-

ST.ATE OF WYOMING

13

p&lt;:ndent family of. any
. . such injured workman , who may d"1e as
a r esu lt of• sue11 lllJ ~r1es, except in case of injuries due solely
. to _the culpable n egli gen c~ of su~h injured employee, shall receive out of ~h e Industnal _Acciden t F und•, compensation in
accordan_ce :v1th tJhe followmg schedule, and such payment
sha_ll be m _h en of and t alce the place of any and all rights of
action aga mst any_emplorer cont rib~ting, as r equired by this
Act to the Industr1,al .Acciden t F' und m favor of any person or
persons by r eason of any such injuries or death:
(a) "Permanent, par tial disability " means the loss of
either one fo ot, one leg, one h and, on e arm, one eye or the sight
o_f one eye, ?ne or mor e fing ers, one or more toes, any dislocation wher e ligamen t s ar e sever ed, or any other injury known in
surgery to be permanent, partial d~sability. For any permanent, partial di sabili ty r esultin g from any injury, th-e workman shall r eceive a lump sum as her einafter specified.
For the loss of a thumb .... . . . .. . . . ................ $ 225.00
For the loss of a first fi n ger . .... .. . . . .... . ... . .... . 200.00
For the loss of a second fin ger ... . . . . ... .. ......... . 150.00
For the loss of a third finger ............... . .... . . . 150.00
For the loss of a fourth fing er .- .. . .... .. .. . .... . .. . . 150.00
F'or the loss of a palm (metacarpal bone) .. .. ..... .. . 600.00
For the loss of a hand . ........ . ... . . .... .. .. ... .. . 1.000.00
For the loss of an arm at or below elbow . . .. .. .. . .. . 1;200.00
For the loss of ,a n arm abon elb ow ....... . ...... . . . 1,500.00
For Anky-losis ( total stiffness of) or contractures ( due to
sea.rs or injuries) which makes the fingers more than useless,
the same amounts apply to such finger or fingers (not thumb)
as given above.
'I'he loss of the third or distal phalange of the _thumb
shall be considered to be equal to the loss of one-half of such
thumb ; the loss of more than one-half of such thumb shall be
considered to be equal to the loss of the whole thumb.
The loss of the third or distal phalange of any finger &amp;hall
be considered! to be equal to the loss of two-thirds of such
finger.
The loss of more than the middle and distal phalanges of
any finger shall be considered to be equal to the loss of the
whole finger; provided, however, that in no cose shall the
amount received for moo:e than one finger exceed the amount
provided in this schedule for the loss of a hand.
For the loss of a great toe ................... ••····.$ 29o.oo
For the lpss of one of the toes other than great toe• • • • 1;,r..oo
The loss of more than two-thirds of any toe shall be considere·dJ to be equal to the loss of the whole toe.

�cmrPENSATION LAw

STATE- OF WYOMING

The loss of less than two-thirds of any toe shall be considered equal to the loss of one-half of the toe.
For the loss of a foot .... . ..... ..... .. .... . . ... .... $1,000.00
For the loss of a leg below the knee . ... . . .. . .. .... .. 1,200.00
For the loss of a leg above the knee. . . . . . . . . . . . . . . . . 1,500.00
For the loss of an eye or the sight thereof. . . . . . . . . . . . 1,500.00
For any other injury known to surgery to be permanent
partial disability, the workman shall receive a lump sum in an
.amount proportioned to the extent of such permanent partial
disability based as near as may be upon the forgoing schedule.
(b) "Perma.n ent total disability" means the loss of both
legs, or both arms, or one leg and one a.r m ; total loss of eyesight, paralysis or otlier condition permanently inca,pacitating
the workman from performing any work at any gainful occu .
pation. Where there has been a previous disability, as the loss
of one eye or the sight thereof, one hand, one foot, or any other
previous permanent disability, the percentage of disability £or
a subsequent injury shall be dletermined by deducting the,r efrom the percentage of the previous disability, as it existed at
the time of the subsequent injury. When permanent total disability results from.the injury, the workman shall receive:
(1) I£ unmarried at the time of injury, a lump sum of
$2,500.00.
(2) I£ the workman had a wife or invalid husband, but
no child under the age of sixteen (16) years, a lump sum of
$2,500.00.
(3) I£ the workman bave a child or children under the
age of sixteen (16) years, £or any such child or children the
lump sum providted in the preceding paragraph shall be increased by adding thereto One Hundred ($100.00) Dollars per
~·ear for each year until such child sh all be of the age of sixteen (16) years, but the total amount of such increased sum
~llo,Yed for children under sixteen · (16) years shall not exceed
m the aggregate a lump sum of Five Thousand Five Hundred
Dollars ($5,500.00) in any such case.
(c) '_'Te?Iporar! total disability" means an injury which
temporarily mcapac1tates the injured person from performing
an~ W?rl~ at any gainful occup-ation £or the time, but from
wlucll' lllJury such person may recover by meclical or surgical
treatment andi be able to resume work. In such cases if th&lt;&gt;
w? 1:kman lJe unma1:ried :at the time of the injury, he sirnll recen e the sum ?f T_h~rty-fise ($35.00) Dollars per month, so long
as the total d1sab1hty shall continue. I£ he have a wife with
w-hom he is liYing at the time of the injury he shall receive
;ort~: Yli40.00) Dollars per, month, and if he Jiave children uner sixteen (16) years of age, he shall receive Six ($6.00) Dol-

lars per month £or each child under sixteen (16)
f
but the total month ly payment shall not exceed sf~ar($60aloe)
J??llars per mo~t~. 1:'J ? compensatio~ shall ·be all~~d foi: the
fast te~ days of _disability ~mless t•he mcapacity extends beyond
the period of t_lnr ty days? 1~ which case the compensation shall
run from the tnne o! the lllJUry. As soon as r ecovery is ·so complete ~hat the e.armn g power of the workman a t any kind of
work 1s restored, th e pay1:1ents shall cease, but in no case shall
the total payments ma&gt;dle m such cases exceed in the ao-"'regate
the. lump s~ ~m~unt he1:ein specified to be paid anbinjured
workman £or mam·1es causmg p_erm:a?ent totaCdisability.
. (_d) In all cases of total disabihty and permanent partial
d~sab11Ity, tl!e _expense of medical attention and of care in hospital of the mJured workman shall be paid, not to exceed, however, One H undr ed Dollars ($100.00) in any case unless under
general arrangement workman is entitled, to medical at tention
and ca.re in hospital. "\\ her e ~e-ath r esults from an injury, the
expense .of burial s,hall be paid not to exceed Fifty ($50.00)
Doilars m any case, unless other arrangements exist between
employer and employee under agreement.
(1 ) B'ut if fae workman leaves a v,ridow or invalid widower, such surviving spo use shall r eceive a lump sum payment of
Two 'l'housand ($2,000.00) Dollars ; provided, that if it be
shown that the surviving spouse wilfully deserted deceased
without fa.ult upon the part of the dleceased, such surviving
spouse shall not be r egarded ·as a dependent in any degree, but
in such cases the right of children under sixteen (16) years of
age to compensation shall not be defeated. I£ said workman
leaves a surviving child or children under sixteen (16) years
of age, the guardian of said children, appointe•dJ as hereinafter
provided, shall receive £or the use and benefit of said children, •
R lump sum of One Hundred Doll,ars ($100.00) per year £or
each surviving child under sixteen (16) years of age until the
time when each of said surviving children.shall become sixteen
(16) years of age; provided that the aggreg,a te lump sum paid
to said guardian shall in no case exceed Three Thousand Dollars ($3,000.00). In all death cases where an order of compensation is made on account of children under sixteen (16) years
of age, or to persons incompetent, said funds shall be disbursed
under a rproper guai·dfanship to be created by the Court or
Judge making such an order.
(2) I£ the injured workman die during a period _of temporary total disability an·d after receiving compensation therefor, as herein provided, and his death be shown to ha-ye re su~ted from such injuries, the total amo~t of P:1yments 1:ece1ved by him during such disability a.nd_pr10r t? his death 'Wl;ll
be deducted from the lump amount herem provided to be paid

14

1

15

�-- --- J __

16

co:MPENSATION LAW

ST.A.TB OF wYOil\UNG

17
Extra-hazardous PUiblic Work Cont t W
Sec. 23. Whenever the State rac
ork.
corporation shall en"'a"'e
in
any
exti'·
c
ounty
or any municipal
"
° 0
a-1iazardous wo ] • h'
r { m ~v . 1ch
wor1onen are emp loyed fo r wages, this Act sh
thereto. Th e employer's payments i t tl I dall b~ applicable
Fund shall be made from the Trea n. o i,e n ustr1al Accident
municipality. If sa id work is bein; uJy &lt;&gt;\the State, cou~ty or
roll of the contra ctor and the sub-con~~-tct Y_1 cfni~·act, the pa?of computation and in th e case of cont11act : ~ ~a be tl~e basis
than one year in performance the r e uire 0 ik consun~mg less
accident fund shall be subj ect to the p~ovisfoJsayt:in:t :to the
the State for its general fund the county .
o.. 11s ct and
tion shall be entitl ed to coliect from t l or mumc1pal corporaamount ~1ayabl e to the Industrial Accide:t i:~acto~ :i1e full
tractor, m turn, shall be entitled to collect from~~
contracto_r his proportionate amount of payment. ti e su . -?on-of tl11'
t'
I ll
•
, 1e prov1s1ons
• s ~ec 10n. s 1a
app 1_Y to _all extra-hazardous work clone
1
by contrn.c_t, exceI?t th:at m pnvate work the contractor shall
be responsibl e, primarily and ·cl'ircctly, to the Industrial 'Accident Fund for t he proper percentage of the total pay-roll o.f
the work and for the amounts due it, and the owner of the
property affected by the contract shall be surety for such paym_ents. . ~\TJJ.eneve;1· and so lo~g. as _the state law, city charter
01 mum?1~al or~mance, provision 1s made for municipal employees lllJured _rn the course of employment, suciJ:J- employee
shap not be .entitled to the benefits of this Act and shall not
be rnclude~ m the pay-roll of the municipality nnd'er this· 'Act.
Safety DeVJ.ces.
.

to the sUl'viving widow ,and children under sixteen (16) years
of age in case of death resulting from injuries.
(3) If the workman leaves no widow, widower or child
und'.er the age of sixteen (16) years, but leaves a parent or parents surviving who were actually dependent upon him for
support, such surviving parent or parents shall receive a lump
sum which shall be computed at the rate of fifty per cent
(50%) of the average monthly support actua.lly received by
such parent or parents from the workman during the twelve
months next preceding the occurrence of the injury calculated
ar. near as may be over the probable period sue:h support would
have continued, but in no case exceeding the sum of One Thou.sand ($1,000.00) Dollars. [Amended 'by Sec. 6, Ch. 69, S. L.
1917; amended by Sec. 6, Ch. 117, S. L. 1919.]

i

Forfeiture by Injured Employe~Payments Withheld.
Sec. 20. If -any in,jlll'ed employee shall persist in unsanitary or injurious practice, which tends to imperil or retard
his recovery, or if he shall refuse to submit to such medical
or surgical treatment, as is reasonably essential to promote his
recovery, he shall forfeit all right to compensation under this
Act; and where an injured employee is under care and treatment of a physician, he shall not be permitted to personally
receive or use any compensation payments allowed him under
this Act, except upon the order of such physician, but such
payments shall be wibhheld and deliver&amp;di to such injured workman upon his recovery or discharge by such physician.

Exemption from Execution or Attachment.
Sec. 21. No money paid or payable under this Act out of
the Industrial Accident Fund shall, prior-to issuanee and delivery of the warrant therefor be capable of being assigned,
charged or ever be taken in execution or attached or garnished,
or shall th'e same pass to .any other person 'by operation of law
any such assignment or charges shall be void.

Minor Workmen.
Sec. 22. A minor working at an age legally permitted
und1er the laws of this State shall be deemed sui juris for the
~urpose of this Act and no other person shall have any cause
of action or right to compensation for injury to such minor
workman, except as expressly provided in this Act, but in the
event of a lump sum payment becoming due under this Act to
such minor workman, the management of same shall be ,vithin
the probate jurisdiction of the Courts, the · same as any other
properties of minors.

. . Sec. 24. Nothing in this Act contained shall repeal any existu~g law providing for the installation or maintenance of any
device, means or method for the prevention of accidents in
e~tra-h.azardous work or for a penalty or punishment for failure to mstall or maintain 1any such protective -device, means or
method.
-

..,.i

Fees for Services in Procuring Compensation Limited.
Sec. 25. It shall be unlawful for any person or any number ?f persons acting together or separately or in ap.y way, includin~ attorneys, agents, interpreters, and all other persons,
to receive or agree to receive either directly or indirectly from
any beneficiary or beneficiaries under this Act, for services
rendered or to be rendered either jointly or separately, iri rel.a.ting to procuring any be~efit or benefits under this Act, any
sum or sums aggregating more than fifty dollars or more ~han
five per centum of the whole amount received1 or to be received
by such beneficiary or beneficiaries on account of ~juries _to
any employee. Every person violating or concerned m the VIO-

�20

COi\IPENSATION LAW

Justrial Accident Fund and in consideration of the payments
made by the State to such fund, and no part of any moneys so
paid in by any employer shall ever be r efund ed to him eit her
during the time when he continues in business as such employer, or ,after he ceases such business. Provided, howe, er, if
this Act shall be hereafter repealed or held invalid', all moneys
which are in the Industrial Fund at the time of the r epeal or
final holding of invalidity shall be subj ect to such disposition
as may be provided by the Legislature, and in default of such
legisl1ative provision, distribution thereof shall be in accordan ce
·:vith the justice of the matter, due regard being had to obli gations of compensation incurred and• existing.

'Existing Contracts and Pending Actions Not Affected.
Sec. 33. This Act shall not affect any contract entered
uito and e•x isting before its passage 01· · any action pending or
·:ause of action existing prior to .A:pril 1st, 1915.
Sec. 34. This Act shall take effect and be in force from
and after the 1st day of April, 1915.
Bill Approved February 27, 1915.
Amendments Approved February 19, 1917.
Amendments Approved February 23, 1919.

\

Ii

�- - - - -- -- - -

/

T'~1jPORARY DISABILITY

I

I!.inimum,
Colol"'ad o

Idaho

50~ of ,·1ages,

llaximum,

C4ooo.oo .

Minimum,

so% of nages

Eaxifilum,

035.00 per month

Minimum,

$27.00 per month
II
55.00 "

Maximum.
Minimum,
Maximum,

~27.00 per month

Utah

Minimum,
Maxi.'llULl,

551, of wages
C55.00 per month

Hashington

t.iinimum,
Maximum,

{? 20.00 per month

Liini.roum,

035.00 per month
60.00 II
"

Wyoming

1.!a,cimum,

45.00

35.00

II

II

11

rt

PERr.: ANEHT DISABILITY

Arizona

r.'. inimum,
Uaximum,

501" of \7age s
$4000,. 00

Colorado

f!inim~,
I.!aximum,

022.00 per month

l:'iinimum,

C27.00 per month, $2400.00
11
~:54.00 n
4800.00

Idaho

i:aximum,

Montana

Utah
l'/ashington

Oregon
i:7yoming

llinimum,

35.00 per month

027,00 per month, 02000.00
4000. 00

gaximum,

so,s of t'lUges,

Minimum,
I:!aximum,

¢ 31.00 por month
11
54.00 "

!Einimum,

t 20.oo per month

1iaximum,

35.0Q

Uinimum,

G3o.oo per month

~aximum,

50.0Q

!linimum,

◊ 2500.00

I:'.:aximum,

6250.00

II

II

fl

II

C4500.00
~4000.00

�Di~ATH

Arizona

r.1inimum,
llaximum,

Colorado

1,.inimum,

~ \' .

.

maximum,

Idaho

2400 x

½daily v aga

C4ooo.oo

01000.00
2500.00

l-tinimuro,
lla.ximum,

C24oo.oo

Minimum,

02400.00
4000~00

tio.ximum,

4800.00

82000.00
4500.00'

Utah

Hinimuru,

Washington

!_lj inimu.rn,
'MaximUI!l,

,;

Oregon

Einimum,

f 30.00 per month
[; 50. 00 11
n
till death or re-marr iage

\1yoming

t!inimum ,

Maximum,

Maximum,

llaximum·,

r,

8,4000.00 or C35.00 per month till death
or re-marriage.

$1000.00
5000. 00

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PRODUCERS

SI N C E

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BRANCHES: PORTLAND, ORE. SPOKANE, WASH.
BOISE, IDAHO. POCATEL.LO, IDAHO.
SAL.T L.AKECITY, UTAH. DENVER . COLO.

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TITLE 49.
INDUSTRIAL COMMISSIO T.
(' 17, p. 306.)
3061. Commission Created. Membership. Tenns. T here is hcrehy
created the industrial commi ss ion of U t ah, to be composed o f three members,
who shall be appointed by th e govern or w ithin th irty days after thi s title
goes into effect. Two of the members of such commi ss ion shall be appointed
for the term of two y ears and on e fo r four years, and thereafter each member shall be appointed, with the advice and consent of the senate, for the
term of four years. Not more than two of the memb ers of said commission
shall belong to the same political party.
3062. Removals for cause. The governor at any time may remove any
member of the commission for inefficiency, neglect of duty, malfeasan ce,
misfeasance, or nonfeasance in office.
3063. Limitations, business and political. No commissioner shall hold
any office of trust or profit, or engage in any occupation or bnsiness interfering or inconsistent with his duties as such commissioner, and no commissioner shall serve on any committee of any political party.
• 3064. Salary. Qualifications. Bonds of commissioners and employes.
Each of said commissioners shall receive an annual salary of $4000, payable
in the same manner as the salaries of other officers of the state are paid.
Before entering upon the duties of his office, each commissioner shall take
and subscribe to the constitutional oath of office, which oath shall be filed
in the office of the secretary of state. Each member of the commission
shall give a corporate surety bond in the sum of $10,000, which bond shall
be approved by the governor and filed with the state treasurer. All employes or deputies of the commission receiving or disbursing funds of the
·state shall give corporate surety bonds to the state in amounts and with
surety to be approved by the commission. The premiums of all bonds provided for in this section shall be paid out of the state treasury.

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�INDUSTRIAL CO~MISSION .

3065. Organization. Quorum. . V~cancies. Within thirty days after
this title goes into effect, tl:e comm1s~1on shall meet at ~he seat of go_ve~nment and organi'ze by choosmg: one of its members as chairma~. A maJonty
of the commission shall constitute a quoru!Il. to transa~t _business. No vacancy shall impair the rights of the remammg comm1ss10!1ers to exercise
all the powers of the commission; and in case a vacancy exists, the remaining members of t~e ~ommis_sion shall exerci~e all of the powers and a uthorities of the commission until such vacancy 1s filled.
3066. Offices. Places of sessions. The commission shall keep and maintain its offices at the state capitol, in suitable r?o':11 oi:- rooms. N ecessary
office furniture shall be furnished to the commiss10n m the state capitol.
The commission may hold sessions in any place within the state of Utah.
3067 Official seal. Judicial notice. Certification of records. The commission ~hall have an official seal for the authentication of itc; or dex:s and
proceedings, upon which seal shall be en~raved the words,_ "!he indust rial
commission of Utah " and such other design as the comm1ss1on m ay prescribe· and the co.u rts in this state shall take judicial notice of t he seal of
the co'mmission, and in all cases copies of orders, proceedings. or r ecord~
in the office of the industrial commission of Utah, certified by the secretary of the said commission under its seal, shall be equal 'to the original as
evidence.
•
•
3068. Business hours. Sessions. Records. Voting. The com mission
shall be open for the transaction of business · during all business hours of
each and every day except Sunday and legal holidays. The sessions of th 1::
commission shall be open to the public. All proceedings of the commission
shall be shown on its records, which shall be a public record, and all voti ng
shall be had by calling each member's name by the secretary, and each member's vote shall be recorded on the proc·e edings as . cast.
3069. Adoption and change of rules of procedure. Subject to the provis,ons of this title, the commission may adopt its own rules of procedure,
and may change the same from time to time in its discretion.
3070. Commission employes. Compensation, expenses. The commission may employ a secretary, deputies, actuaries, accountants, inspecto.rs ,
examiners, experts, clerks, physicians, stenographers, and other assistants,
and fix their compensation. Such employment and compensation shall be
'first approved by the governor, and shall be paid out of the state treasury.
:rhe members of the commission, deputies, secretary, actuaries, accountants,
lllSfectors, examiners, experts, clerks, physicians, stenographers, and other
assistants that may be employed shall be entitled to receive from the state
treasury their salaries or compensation, and also their actual and necessary
expenses while traveling on the business of the commission and the members of the commission may confer and meet with officers 'of other states
and. officers of the United States on any matters pertaining to their official
~uties. Such expenses shall be itemized and sworn to by the person who
mcurred the expense and allowed by the commission.
3071. Places o~ employment. Safety devices. Obeying orders. Every
employer shall furnish employ~ent and a place of employment which s~all
be dsaff for the employes therein, and shall furnish and use safety devices
and sa egufards, adopt and use methods and processes and follow and obey
or ders o the
• 10
• n, reasonably adequate to render
'
f commiss
such employment
an P1ace O employment safe, and shall do every other thing reasonably
necessary to p~otect the life, health, safety, and welfare of such employes.
.
3072. Dutiea of empl
N0
· 1
permit an em lo
~yera.
employer shall require or knowmg Y
is not saf! an~ Joe :o ~e m ai°y employment or place of emplovment which
vices and ;afeguards u~r lJ?toyeb shall fail to provide and use safety deor to adopt and use' methods ~n~ ey and follow orders of the commission,
such employment and place of e rocesses reasonably adequate to rende_r
mp oyment safe, and no employer shall fail ·

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INDUSTRIAL co:rvI MISSION .
or neglec t t o do every other thing reasonably necessary to protect the life,
health, safety, and welfa re of his employes; and no employer or other person shall hereafter construct or occupy or maintain any place of employment
that. is not safe.
3073. Duties of employes. No employe shall remove, displace, damage,
destroy, or carry off any safety device or safeguard provided for use in any
employment or place of employment, nor interfere in any way with the use
ther eof by any other person, nor shall any such employe interfere with the
use of any method or process adopt ed for the protection of any employe in
such employment or place of employment , nor fail or neglect to follow and
obey orders and to do every other thing reasonably necessary to protect
the life, health, safety, and welfa re of employes.
3074. Right of exnmina'l:ion. Any commissioner or deputy of the commission may enter any place of employment for the purpose of collecting
facts a nd statistics, examining the provisions made for the health, safety, and
welfar e of the employes ther ein, and bring to the attention of every employer any law, or any order of the commission, and any failure on the part
of such employer to comply therewi th. No employer shall refuse to admit
any commissioner or dep uty of the commission to his place of employment
3075. Supe;rvi.sion ove1:· places of employment. The commission is
vested with the powe r a nd jurisdiction to have such supervision of every
employment and place of employment and of every building and establishment in this sta t e as may be necessary adequately to enforce and administer all laws and all law ful orders requiring every employment and
place of employm ent t o be safe, and requiring the protection of the life,
health, safety, and welfa re of every employe in such employment or place of
employment.
3076. General powers of commission. It shall also be the duty of the
commission, and it shall have full power, jurisdiction, and authority:
1. To administer and enforce all laws for the protection of life, health,
safety, and welfare of employes;
2. To ascertain and fix such reasonable standards and prescribe, modify
and enforce such reasonable orders for the adoption of safety devices, safeguards, and other means or methods of protection, to be as nearly uniform
as possible, as may be necessary to carry out all laws and lawful orders
relative to the protection of the life, health, safety, and welfare of employes
in employment and places of employment;
3. To ascertain, fix, and order such reasonable standards for the construction, repair, and maintenance of places of employment as shall render
them safe;
4. To investigate, ascertain, and determine such reasonable classifications of persons, employments, and places of employment as shall be necessary to carry out the purposes of this title;
5. To do all in its power to promote the voluntary arbitration, mediation, and conciliation of disputes between employers and employes;
6. To establish and conduct free employment agencies, and license and
supervise the work of private employment offices, and to do all in its power
to bring together employers seeking employes :i,1;d working people seeking
employment, and to make known the opportumties for employment in this
state;
Employment offices, §§ 2440-2458.

7. To collect, collate, and publish all statistical and other information
relating to employes, employers, employments, and places of employment
and such other statistics as it may deem proper;
8. Upon petition by any person that any employment or place of empl?y':11ent is not safe or i~ inj~riou~ to the w_e lfare of any employe, the comm1ss10n shall proceed, with o_r ~1thout notice, to make such investigation
as may be necessary to determme the matter complained of. After such
investigation, the commission shall enter such order relative thereto as may

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INDUSTRIAL COMMISSION.
be necessary to render such employment or place ?f employment safe and
not injurious to the welfare of the employes therem. Whenever the_ commission shall believe that any employment or pla~e of emp~oyment 1s ~ot
safe or is injurious to the welfare of any empl_oye, it ma:y of its 0 :"'n mot10n
summarily investigate the same, with or without notice, and issue such
orcler as it may deem necessary to render such employment or place of employment safe;
.
. .
9 All duties liabilities authority, powers, and privileges conferred
and i~posed· by I;w upon th~ commissioner of immigrati~m, labor, and sta tistics, state mine inspector of coal and_ hydro-carbon mmes, an_? )1oard of
conciliation and arbitration are hereby imposed upon . the comm1ss10n. All
laws relating to the commissioner of immigra~ion, labor, and statis t ics,
state mine inspector of coal and hydro-carbon mmes, and board of' concil iation and arbitration shall apply to, relate, and refer to the industrial commisson of Utah. The industrial commission of Utah shall be deemed th e commissioner of immigration, labor, and statistics, state mine inspector of rna l
and hydro-carbon mines, and board of labor, conciliation and arbitra tion
within the meaning of existing laws;
Commissioner Immigration, labor and staUstics, §§ 302~-3034.
State mine inspector coal, etc., §§ 3910-3934.

Board of labor, conclliatlon and a rblt ratJon

§§ 3634-3644.

•

~0. All orders o_f the c~mmission in conformity with law shall be valid
and m. for~e and p_nma fac1e reasonable and lawful until they are found
othe~w1~e m an a~t10n brought for that purpose pursuant to the provisions
of this title or until altered or revoked by the commission;
11. All ge!'leral o:der_s of the commission shall take effect within thirty
d~ys after their pub)1c~t10n. Special orders shall take effect as therein
duect~d. The comm1ss1on shall, upon application of any emplover, grant
iuch time as may be_ :easonably necessary for compliance with iny order.
ny pers~n _may petition the commission for an extension of time which
t h e comm1ss1on shall grant if it finds such extension of t·1me necessary.
'
3o77• H~gs as to reasonableness of orders. I. Any employer or
ot1ier persoffn interested either because of ownership in or occuoation of an)'
property
• may petition
. . - for a he·1r•
tha ected bv
• any such order, or ot herw1se
mg on e reasonableness and lawful
f
' d
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provided in this title
.
ness
any or er of the comm1ss10n
2. Such petitio~ for hearing shall b b
:fi
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.
commissioner, setting out spccificall
de. Y ven e~ petition filed with ~he
a hearing is desired and eve
Y an m full detail the order upon which
~nlawful, and ever/issue to
;i~s?J1 - why such order _is _unreasona hle or
mg. The petitioner shall be d
s~ ered by the comm1ss1on on the hearto any irregularities and illega{;,me. t \ have finally waived all objection
sought other than· those set for:l;ei~ 1~ t e ~r_der upon which a hearing is
3. Upon receipt of such ef1f
_e petit!on.
h~ve theretofore been adequai 1 wn, ~f the issues raised in such petition
mme the same by confirmi·ng e fthconSidered, the commission shall deter.f
, WI out h •
•
or 1 such hearing is necessary to d t
. earmg, . its previous determination,
shall or~er a hearing thereon ande :~m~ne the issue raised, the commission
matters m question at such time
h nl~ider and ~etermine the matter or
and place of such hearing shall bas .s a be prescribed. Notice of the time
p~rsons as the com~ission may fi:f J~n to t~e petition~r and to such other
plain~d 3~on srch investigation, if it
bnte[ested m such decision.
f
is un awful or unreasonabl h
e ound that the order comor s;chwiher order as shall be lawf~/ edcommission shall substitute the;e. h•
enever, at the time Of fi an reasonable.
it s all be found th· t f h
nal determi r
with the order of tha urt ~r _time is reasonabl na ion upon such hearing.
may be reasonably n e comm1ss1on, the commiss/ nehessary for compliance
3078 r :_•t .· ecessary for such complia on s all grant such time as
• ,
• • &amp;.oUIU abons as to acti
nee.
mg, or SUit to set aside .
ons. Presumption8 N
•
, vacate, or am d
o action, proceed• en any 0rd er of the commission.

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INDUSTRIA L COMM ISSION.

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ur to enJ oin t he en fo rcement thereof, shall be b·r ought unless the plaintiff
shall have appli ed to the commi ssion for a hearing thereon at the time and
as prov ided in § 3077, and in the petition therefor shall have raised every
issue raised in such acti on. Every order of the commission shall, in every
prosec uti on for violati on t her eof, be conclusively presumed to be just, reasonable, and lawful , unl ess pri or t o th e institution of the prosecution for such
violati on an action shall have bee n bro ught to vacate and set aside such order,
as prov ided in § 3087.
3079. Administ er oaths, certify acts, issue process.
Duties of district
courts. Each of the commissione rs and t he secretary of the commission, for
the purposes menti oned in thi s tit le shall have power to administer oaths,
certify to official acts, iss ue subpcenas, compel a ttendance of witnesses and
th e prod ucti on of paper s, books, accounts, documents, and testimony. In
case of the fa ilure of any perso n t o comp ly with any order of the commission
or any subpcena lawfully issued, or upon th e re fusal of any ·w itness to testify
t o any matter reg arding w hich he may be law fully interrogated, it shall be
the duty of the di trict co urt of a ny coun ty in this state, on the application
of a comm_i ssioner, to compel obedi ence by a ttachment proceedings for contempt, as 111 the ca e of disobedience o f th e requirements of a subpcena issued from such court or a refusa l t o tes ti fy therein.
3080 . . P~yment . of witnesses. E ach witness who •shall appear before
t he comm1 ss1on by its order shall recei ve for his attendance the fees and
mi leage now proYidecl fo r witnesses in ci vil cases in the district court 1· which
sha ll be a udited and pai d by the state out of the state treasury in th e same
mann er as oth er expenses are audited and paid, upon the presentation of
properly ve rified vouchers approved by the chairman of the commission.
But 110 witness subpcenaed· at the instance of · the parties other than the
commission shall be entitl ed to compensation from the state for attendance
or travel, unless th e commission shall certify that his testimony was mate,ial to the matter investigated.
•
Witness fees, § 2545.

. 3081. Depositi?~s. The commission or any party may in any investigation cause depos1t1011s of witnesses residing within or without the state
to be taken as in civil actions.
Depositions, §§ 7163-7198.

3082. R~ord of proceedings. A ful_l a_nd complete_ reco~d shall be kept
of c:11 proceedings had before the comm1ss1on on any investigation, and all
te?tt!Ilony shall be takGn down by a stenographer appointed by the comm1ss10n.
. ~083. Publication of rules. Publication of rules and orders of the comm1ss1on shall be made by the commission in pamphlet form to be furnished
on de~and at the &lt;;1ffice of the commission. The expenses oi' publication shall
be audited and paid as are other expenses of the commission .
308~. Desig~atio~ of _agent~. Duties and powers. 1. For the ·purpose
of making any investig_at~on with regard to any employment or place of
emp!oyment, the comm1ss10n shall ~1a:7e power to appoint, by an order in
writing, any memb~r of tl!e comm1ss1on, any deputy, or any other competent_pe:son _who 1s a resident of the state as an agent, whose duty sh 11
be prescribed 111 such order.
o
a
2. In the discharge of his duties such agent shall have everv 0
whatsoever of an inquisitorial nature granted in this title to the
• P :ver
and th
f
.
comm1ss1on
_e same_powers as a re eree appointed by a district court w"th
d'
1
to takmg testimony.
regar
3. The commission may _conduct any number .of such investi a •
contemporane&lt;;1usly througl! different agents, and may dele ate t~ tions
agents t!1~ taking of all testimony bearing upon any investigati~n or h s!tch
The dec1s1on of the commission shall be based upon its e
• f earfmg.
testimony and records. The recommendations made by sxaml ma ton o hall
'
uc 1 agents s all

�INDGSTRIAL COi\IMISSION.
INDU STRIAL COMMISSION .
be advisory only and shall not preclu?e th: ta~ing of further testimony if
the commission so orders, nor further 111vestigat1on.
3085. Special and general attorneys. . The commissjon shall ~ave autliority to direct any deput): to act a? spec1a~ prosecutor m a~y ~ct! on,_PX:Oceeding, investigation, hearing, or tnal rel_at1_ng to matters w1th111 its JUrtsdiction. Upon the request of the comm1ss1011, the &lt;;1ttorn~y -gene r~l, di~trict attorney, or the county attorney of the. c_ounty m _wh1_ch a_n y m v&lt;:shgation, hearing, or trial had under the prov1s1on. o_f this titl e 1s pe~dmg.
shall aid therein and prosecute, under the superv1S1on of th~ C?mm1ssion,
all necessary actions or proc~edings for the en!orcem&lt;:nt of this ti tle and all
other laws of this state relatmg to the protection of life, health , safety, and
welfare, and for the punishment of all violations thereof.
.
3086. Orders not void for technical omission. A substantial com pliance with the requirements of this title shall be sufficient to give effect to
the orders of the commission, and they shall not be declared in operative,
illegal, or void for any omission of a technical nature in respect t heret o.
3087. Action to vacate orders. Procedure~ Any employer or other
person in interest, being dissatisfied with any order of the commission , may
commence an action in the district court of the county where the property,
plant, or place of employment affected by such order may lie, aga inst the
commission as defendant, to set aside, vacate, or amend any such order,
on the ground that the order is unreasonable or unlawful, and the district
court is hereby authorized and vested with exclusive jurisdiction to hear
and determine such action. The commission shall be served with summons
as in other civil cases. The answer of the commission shall be filed within
ten da_ys after service of summons upon it, and with its answer it shall file
a certified _trans:ript of _its reco~d in said matter. Upon the filing of said
answe_r, said act10n shall be at issue, and shall be advanced and assigned
for !nal by the court, upon the application of either party, at the earliest
possible date.
.

3088. Stay of court proceedings when commission has not determined
s~u~. _1. If, up?n the trial of such action, it shall appear that all issnes
~nsmg m ~~ch action have n?t th~retofore been presented to the commission
m the petition filed as provided m § 3077, or that the commission has not
th~ret~fore. had ~mple opportunity to hear and determine any of the issues
raise_d m said _action, or for any reason has not in fact heard and determined
th
issu~s ra1s:d, the court shall, before proceeding to render judgment,
un ess_ t . e partfies to such action stipulate to the contrary transmit to the
commission a u11 statement of such 1•
·
'
1
sidered, and shall sta f h
_ssue _or issues 1:ot adequate y confrom the date f
y urt e~ r:iroceedmgs m such action for fifteen days
stay as may be one~~~~;;~nsm1ss1on, and may thereafter grant such fu ~ther
1

1

• 2. Upon the receipt of such t t
. .
•
.
the issues not thereto£
• .ds a ement, the commission shall consider
•
• order complained
ore cons1
rescmd
its
of . ered ! and . ma Y a It er, mo d"f
1 y, amen d , or
thereon to said court with"1 t md said action, and shall report its order
from the court, for f~rther ~ea~in ays from. the i:eceipt of the statement
3. The court shall th
g and consideration.
to raise the issues resultin er?pon rd er the J.?leading to be so amended as
or rescision of the comm~si~o~ such alteration, modification, amendment,
such action in the manner prov~1 Jrier, and shall thereafter proceed with
• 3089 J,...:_.J! •
e Y law for other civil actions.
• ""-U)Ulchon of courts N0
.
.
court and the supreme court •
court of this state, except the district
vacate, set aside reverse re • on appeal, shall have jurisdiction to review,
• •
'
•
vise,
d or annul any order o f t h e
C
om~1s_s1on,
or to
suspend
or
delacorrect , am en.,
~o enJo~n, res!rain, or interfere wifh th e execut_io~ or. operation thereof, or
its official duties; provided that th
t)1e comm1ss1011 in the performance of
supreme court to the com~issio .e wlrl1t of mandamus shall lie from the said
n m a proper cases.

°

J

3090. Power of. court to suspend orders. Bond. The p--ndency of an
action to set as ide vacate or amend an order of the commission shall not
of itself stay or Sl;spend th e operati on of an order of the commission; hut,
duri ng t he pendency of said action, t he said di stric~ court in its dis:r~tio?
may stay or suspend, in whole or in part, th e operat10n of the comm1s~10.n s
order. But no orde r so staying or suspe nding an order of the com':Il-1ss1on
shall be made by the said court otherwise than upon three days' notic_e and
after hearing . In case the order is stayed or suspended, the order of the
court shall not hr.come effective until a suspending bond first shall have
been executed and filed in the action and approved by the court or the cl~rk
thereof, payable to the state of Utab, and sufficie11t in amount and security
to insure the prompt payment by the pa rty petitioning to set aside, vacate,
or amend such order of all damages caused _by the delay in the enforcement
of the order of th e commission.
3091. Proceedings have preference. Exceptions. All actions and proceedino-s under thi s title, and all actions or proceedings to which the commission o~ this state may be parties, and in which any question arises under
this title or under or concerning any order of the commission, shall be preferr ed over all other civil cases, excep t election causes and causes involving
or affectinO"
the public utilities commission, irrespective of position on the
0
calenda r. The same preference shall be granted upon application of the
attorney of the commission in any action or proceeding in which he may be
allowed to intervene..
•
3092. Penalties. If any employer, employe, or other person shall violate any provisions of thi s title, or shall do any act prohi~i!ed by ~hi~ title,
or shall fa il or refuse to perform any duty lawfully enJoined, within _th~
tim e pre scribed by the commission, for which no penalty has been S_Pec1fically provided, or fail, neglect, or refuse to obey any lawful order given ?r
made by the commission, or any judgment or decree made by any court in
connection with provisions of this title, for each such violation, failure, or
refusal such employer or other person shall be finP.d not less than $50 nor
more than $1000 for the offense, and not less than $100 nor more than $5000
for each subsequent offense.
3093. Designation of violations. Every day during which any persoi;,
persons, or corporations, or any officer, agent, or e~p_loye the~eof, shall fat!
to observe and comply with any order of the comm1ss10n, or to perform any
dt1-ty enjoined by this title, shall constitute a separate and distinct violation
of such ord_er, or said section, as the same may be.
3094~ Statements by employers. Penalty for failure. Every employer
shall furnish the commission, upon request, all information required by it
to carry out the purpose of this title. In th~ month of January of each
year, every empioyer shall prepare and mail to _t~e commission. at ~he state
capitol, Salt Lake City, Utah, a statement contai_mng the follo:"'mg information, viz : the number of employes employed durmg the preceding year from
January 1 to December 31, inclusive; the number of su:h employes employed
. at each kind of employment; and the scale of wages paid to each class of em
plnvment showing the minimum and maximum wage paid, and the aggre•
gat·e amo~nt of wages paid to all employes; which inforn~atjon shall ~e furnished on ·a blank or blanks to be prepared by the commission; and 1t shall
be the duty of the commission to furnish such blanks to employers free of
charge upon request therefor. • Every employer shall cause said blanks to
be properly filled out so as to ans~ver full:y: and cor~ectly all quest~ons therein
propounded, and to give all the_ m_for~at10~ ~herem sought, or ~£ unable to
do so, he shall give to the co~m!ss10n, m wnt~ng, goo&lt;;I and suf?.c1ent r~asons
for such failure. The comm1ss1on may reqmre the mformation herem required to be furnished to be certifie~ under oath and returne~ t_? the commission within the period fixed by 1t or by law. T~e _comm1ss1on, or any
member thereof, or any person employed by the comm1ss1on for that purpose-,

�I TDUSTRIAL COlVLM I SSION.
INDUSTRIAL COMMISSION.
shc&gt;.11 have the riaht
to examine, under oath,f any employer
or . the offic t'r,
b
• •
agent, or employe the:eof, f~r the purpos~ o ascert~mmg any m fo rmation
which such employer 1s reqmred by this title to furnish to th e com missio
Any employer who shall refuse to furnish to the :ommission the annu~i
s~atement herein req~ired, or who shal~ r~fuse to furmsh s?ch oth er information as may be reqmred by the comm1ss10n under authority of this section
or who shall wilfully furnish a false -or untrue statement, shall be liable t~
a penalty of not to exceed $500 for each offense, to be collected in a civil
action brought again st said employer in the name of the s tate · a ll such
pena~ties, when collected, shall be paid to the state insurance fun d h ereina fter
provided for.
3095. State ins~rance fund. There is hereby created a fund , to be
kno:wn a~ t~1~ state msurance tund, for the_pu:pose of insuring employers
agamst ha~1hty for compensation tmd_er this title, and of a ssu ring t o the
perso~s e1;t1tled thereto the compensat10n provided by this title. Such fund
sh;i.11 consist of all premiums and penalties received and paid into the fu d
of P:operty and securities acquired by and through the use of moneys ~e~
longmg to the _fund, a~d of interest earned upon money belonging t o the
fu!1~ and deposited or i!1v~sted. as her~in. provided. Such fund shall be admmistered by the commission without liability on the part of the sta t e beyond
ihe amount_ of such fund. Su~h fund shall be applicable to the payment of
osJesfsustamed ~n account of msurance and to the payment of compensa tion
an o expenses m the manner provided in this title.
3096. Administration of fund It h 11 b h
to conduct the b 1•
• . s a
e t e duty of the commission
th
e -~t~te J11 st1 dance fund, and it is hereby vested
with full authori~;
are necessary or convenie;t s_ai un • a~ . may_ do any and all things which
I
with the insurance business t
le adn:imd1stration_ thereof, or in connection
0
this title.
e carne on by it under the provisi ons of
1

~!:~ ~t

1

3097• Classification of em I
••
state i_nsurance fund shall be &lt;livid ~y:;en~s. Emp~o~ments insured in the
the said fund into classes S
e Y t e commiss10n, for the purpose of
collected anci' expended in· res epa;ate .accounts shall be kept of the amounts
termining equitable rates. burl to each such class for convenience in clestate insurance fund shalt' be d or t~e purpose of paying compensation the
shall have power to rearrang eeme f one and indivisible. The commission
ployment embraced in it and~ any£ 0 . th e. classes by withdrawing- any emclass. The commission shall d r~ns e_rrmg it wholly or in part to any other
and fix the rates of premium tie ertme th e hazards of the diff rent classes,
ber of employes in each of su he~e or, based upon the total pay1:oll and nu111rate consistent with the mai~t c asses of employment, at the lowest possible
the creation of a surplus a d enance of a solvent state insurance fund and
sys t em o f scl1edule rating in ns reserve
•' a n d f or such purpose may adopt a
h
hazard of such individual ristc a manner as to take account of the peculiar
0

The rate establish d
•
established rate tor 11 11&gt;so facto becomes the
under this title.
Insurers doing business

!

,
olfltanhton Leasing Co. v. Industrial com.
a ' 60 U. - ; 170 P. 976.

3098
• •
ffi . l • Comn11ss1on may sue and b
cia i:iame, sue and be sued in all
e sued. .The commission may in its
proce~dmgs arising out of anythin ~he courts of the state, in all actions or
!tate msu~ance fund or business r~I f.ne oh suffered in connection with the
ny . mem er of the commission
a mg t ereto. Service of summons on
service on the commission.
or the secretary thereof shall be deemed
3099. Contracts as tO •
ficial nam
k
msurance fund Th
e, ma e contracts of ins
•
e commission may in its of~~~~ra~tse r;lati!1~ to the state insu~~~~~ef as lerein provided and ;uch other
rovi s1?ns of this title.
un as are authorized or permitted
31 00. Deputies p
oroper de ut.
• owers delegated. Th .
. .
·P ies and may delegate to such d e C?mmiss1on may act through
.
eputtes sui;h powers as it deems
0

necessary or convenient . Among the powe rs which may be so delegated shall
~e t_h~ power t o enter in to contracts of insurance, insuring employers against
li ah1 li ty fo_r compensatioi:i a~ herei n provided and insuring to employes t~e
compensa t1 on fixed by t hi s title; also t he power t o make agreements for the
settlement ?f claims aga inst sa id fund fo r compensat ion for injuries in accordance with the prov isions of this title; also th e power to determine to
whom and t hrough wh om payments of such co mpensation shall be made;
and _also t he power to contract with physicians, surgeons, and hospitals for
1:1ed1cal and surgic~l treatment and care an d n ur sing of injured persons entitl ed to compensat1011 fro m said fund .
31~1. ~ oli&lt;:y of insu~ance.' Payment of premiums. 1. Every employer msunn g m the state msurance fund shall receive fr om the commission
a ~01:tract or policy of insurance in a fo rm t o be approved by the state comm1 ss1on.
2. Except as othe r wise prov ided in thi s title, all premi um s shall be paid
by every employe r who elects to insure with the st at e insurance fund to the
commission ?n or before July 1, 1917, and semi-annually thereafter, or ·at
such . other ti mes as may be prescribed by the co mmiss ion . Receipts shall .
be g1Ye11 for such payments and the money shall be paid over to the state
tr ea sure r to t he credit of the state in surance fu nd.
. 3102. Withdrawal from fund. Any employer may, upon complying
with subs . 2 or 3 of ~ 3114, withdraw from th e fun d by turning in his insurance contract or policy fo r cancellati on ; provided, he is not in arrears for
premiums due to th e fund and has given to the commission written notice
of hi s intent ion to withdraw before the expiration of the period for which
he has elected to insure in said fund .
3103. Reinsurance. T he commis sion may reinsure any risk, or any
part thereof, and may ent er into agreements of reinsurance in the same way
and to the same extent as other insurance carriers.
3104. Requirements in fixing rates. The commission shall observe the
follow ing requirements i'n classifying and fixing the rates of premiums for
th e ri sks of the same :
1. It shall keep an accurate account of the money paid in premiums
by each of the several classes of occupations or industries, and the expense!:
of administering the state insurance fund, and the disbursements on account
of injuries and death of employes in each of said classes, including the setting up of reserves adequate to meet anticipated and unexpected losses, and
to carry the claims to maturity; and it shall also keep an account of the
money received from each individual employer, and the amount disbursed
from the state insurance fund for expenses and on account of injuries and
death of the ·employes of such employer, including the reserves so set up.
2. Ten per cent of the money paid into the state insurance fund shall
be set aside for the creation of a surplus until such fund shall amount to
the sum of $100,000, and thereafter 5 per cent of all the money paid into the
state iµsurance fund shall be credited to such surplus fund until, in the judament of the commission, such surplus shall be sufficiently large to cov~r
the catastrophe hazard and all other unanticipated losses. The commission
shall also set up and maintain a reserve adequate to meet the anticipated
losses and carry all claims and policies to maturity. The amount of such
surplus and reserve shall be subject to the approval of the state commission.
3. At the end of every year, and at such other times as the commission
in its discretion may determine, a readjustment of the rate shall be made
for each of the several classes of employments or industries. If at any time
there is an aggregate balance remaining to the credit of any class of employment or industry, which the commission deems may safely and prope rly
be divided, it may, in its discretion, credit to each individual member of such
class who shall have been a subscriber to the state insurance fund for a
period of six months or more prio_r to the time of such readjustment, such

�INDUSTRIAL COMMISSION.
proportion of su.ch bal~nce as he is prop~rly entitled to, havi ng regard to his
prior paid premtums_smce the la~t read3ustment of rates.. . .
4. Should any such accountmg show a balance rem a m mg t o the credit
of any class of_ occupation or industry, after the above- m entior,ed amounts
have been credited to the surplus and reserve fund, .and a fter the paym
of expense of administering said fund and th~ payment of a ll a wards ?t
all injuries or deaths lawfully charg:eable agai_nst_ !he same, t he premiu:
rate for such clas_s shall be reduce_d; and each mdiv1dual ~f such class who
has been a subscnber to the state msurance fund for a pe riod of six month
or longer prior to the time of such readjustment, and whose premium Os
premiums so paid to the fund exceeds the amount of the di sbursements fro~
the fund on account of injuries or deaths of his employes during such period
shall be entitled to a credit on the instalment or instalm ents o f premiu~
ne_?Ct due from him, the amount_ of '.vhich _credit s_hall be such p roportion of
said balance a_s the a~ount o~ 111s prior paid premm~s sustains to the whole
amount ~f said premmms paid by the class to which he belongs since the
last readjustment of rates.
• 3105. _R~es and regulations as to insurance fund. W age expenditures.
The_ comm1_ss10n shall adopt rules and regulations with r espect to the collec~10n, mamtenance, and disbursement of the state insurance fund one of
which rules shall provide that, in the event the amount of premi~ms collected !rom any employer at the beginning of any period of six months is
ascertamed_ and c~lculated by using the estimated expenditure of wages
for the penod of time covered by such premium payments as a basis an adJUS!rr:ient of the amount of such premium shall be made at the end 'of such
pert0 ' ~id 1he actual amount of such premium shall be d etermin ed in accordandce :vitth t e amount of the actual expenditure of wages for said peric•d;
an , m e event such wag
d't
f
•
·
·
h
h
. e expen 1. ure or said period 1s less than t e
amount on which
shall be entitled tsuc es_timated premmm was collected, then such employer
O
difference betw
t~eceive a refund from the state insurance fund of the
to be actuall deen e amount so paid by him and the amount so found
ceeding preniiu ue, or have th e amount of such difference credited on suewhen ascertain~ pay~ents ~t his. option, and should such actual premium.
such employer at ~~ a bor~sai?, exceed in amount the premium so paid by
being advised of th et egmnmg of such period, such employer shall, up0n
the state treasurer !n rue amount of such premium due, forthwith pay to
actually found to b imount equal to the difference between the a~o~nt
of said six months' ;eri~d a nd the amount paid by him at the beginning
3106. State tr
•
shall be the custod~ury
to be custodian of fund. The state treasurer
1
therefrom shall be ~~d ob th ~ state insurance fund, and all disburseme-,~ts
commission of Uta~ d Y. him upon vouchers · authorized by the industrial
secretary thereof.
an signed by a member of the commission and th e
3167
• Manner of de •
·
·
any portion of the fu d posit. Interest. The state treasurer shall deposit
nd
a subject to all th n n~t. needed for immediate use in the same manner
funds by such treasuer!r,r.ov1S1o~s of law with respect to the deposit of state
collected upon such d ' f:rovzded, that the best int~rest obtainable shall be
state insurance fund :posits, and all interest earnei by such portion of the
:hce of. _the authority hem~y b~ deposited by the state treasurer in pursue credit of such fund rem given shall be collected by him and placed to
3108. SurpJu
•
.
invest an O f
s rnay be invested Th
r to
in b
Y the surplus O
e commission shall have powe d
•
of onds of the United St tr reserve belonging to the state insurance fun
any county, city to a es or federal land banks of the state of Utah, o~
:~:~~\1c,rices for ;uch~~n~: _scho?l district of the ~tate of Utah, a;. cur~e~o
inv
per cent of the c , or in first mortgages on real estate at no r
estment be authorized bsh value thereof; provided that such purchase od
Y a resolution adopted by the commission an

INDUSTRIAL COMM ISSION.
approved by th e state board of examiners; and it shall be the duty of the
boards or offic ers of the several taxing districts of the state, in the issuance
and sale of bonds of th eir r espective taxin g districts, to offer in writing to
th e co mmission, prior to adverti sing th e same for sale, all such issues &lt;;&gt;f
the taxing districts so issuing such bonds; and said commission shall, withm
ten days after th e receipt of such written offer, eith er accept the same and
purchase such bonds or any porti on th ereof at par and accrued interest, or reject such offer in writing ; and all such bonds so purchas ed forthwith shall be
plac ed in t he hands of t he sta t e t reasure r, who is hereby designated as custodian thereof, a nd it shall be his duty to collect t he in terest th ereon as the same
becomes du e and payable, and also t he principal thereof, and to pay the
same, wh en so collected, into th e state insurance fund. The state treasurer
shall honor and pay all voucher s draw n on the state insurance fund for the
purchase of such bonds when signed by any two members of the commission upon delivery of said bonds to him when there is attached to such
voucher a certi fie d copy of such r esolution of the commission authorizing
the purchase of such bonds; a nd th e comm ission may sell any of said bonds
upon like resol ution, and the proceeds th ereof shall be paid by the purchaser
to the state treasurer up on delivery to him of said bonds by the treasurer.
3109. Separate bond by treasurer. T he state treasurer shall give a
separate and additi onal corpo rate sure ty bond in such amount as may be
fixed by the governo r, conditioned upon the faithful performance of his duti es as custodia n of the state insura nce fu nd. The premium of said bond ·shall
be paid ou t of the state insurance fund.
3110. Employers subject to this title. The following shall constitute
em ployers subject to the provisions of this title:
1. The state, and each county, city, town, and school district therein.
2. Every person, firm , and pri vate corporation, including every public
utility, that has in service four or more workmen or operatives regularly
in the same business, or in or about the same establishment under any contract of hire, express or implied, oral or written, except agricultural laborers
and domestic servants; provided, that employers who have in service less
than four employes shall have the right to come under the terms of this
title by complying with the provisions thereof, and all the rules and regulations of the commission. The term "regularly" as herein used shall include all
employments, whether continuous throughout the year or for only a portion
of the year. It means all employments in the usual course of the trade, business, profession, or occupation of ari employer.
3111. Employe, workman, and operative. The term "employe," "workman," and "operative," as used in this title, shall be construed to mean:
1. Every person in the service of the state, or of any ·county, city, town,
or school district therein, including regular members of lawfully constituted
police and fire deparments of cities and towns under any appointment or
contract of hire, express or implied, oral or written, except any elective
official of the state, or of any county, city, town, or school district therein,
or other official· receiving more than $2400 per year salary.
.
2. Every person except agricultural laborers and domestic servants in
the service of any person, firm, or corporation, employing four or more workmen or operatives regularly in the same business, _o r in or about the same
establishment .under any contract of hire, express_or implied, oral or written,
including aliens, and also including minors .who are legally . permitted to
work for' hire· under the ·laws of the state, l;&gt;i.it not including any ·p·erson whose
employment is but casual, or not in the usual course of trade, business, profession, or occupation of his employer.
3112. Construction of terms. The following term, as used in this title
shall be construed as follows :
1. The term "order" shall mean and include any decision, rule, regulation, direction, requirement, or standard of the commission, or any other determination arrived at or decision made by such commission.
.

�INDUSTRIAL COMMISSION.

I IDUSTRIAL COMM ISSION.

2. The term "general order" shall m ean and include such order as applies generally throughout the state to all persons, employments, o r pla ces
of employment of a class under th e jurisdiction of tl~e commiss ion . All
other orders of the commission shall be considered special orders.
3. The term "welfare" shall mean and include comfort, decency, a nd
moral well-being.
4. The terms "safe" and "safety," as applied to any employment or
a. place of employment, shall mean such freedom from danger to life, health,
safety, or welfare of employes as the nature of the employment will r easonably permit.
•
5. The words "personal injury by accident arising out of and in the
course of employment" shall include an injury caused by the wilful a ct of a
third person directed against an employe because of his employment. T hey
shall not include a disease except as it shall result from the injury.
6. The term "compensation" shall mean the compensation and benefi t s
provided for in this title.
•
3113. Payments of compensation. If a workman receives persona l in jury by accident arising out of and in the course of his employment, hi s
employer or the insurance carrier shall pay compensation in the amounts
and to the person or persons hereinafter specified.
3114. Securement of compensation: Insurance associations subject fo
rules. Employers, but not including municipal bodies, shall secure compensation to their employes in one of the following ways :
l. By insuring and keeping insured the payment of such compensation
with the state insurance fund; or
2. By insuring and keeping insured the payment of such compensation
with any stock corporation or mutual association authorized to transact
the business of workmen's compensation insurance in the state; or
•
3. By furnishing to the commission satisfactory proof of financial ability
to pay direct the compensation in the amount and manner and when due as
provided for in this t itle.
In the latter case the commission may in its discretion require the cieposit of acceptable security, indemnit~, or bond to secure the pay1:1ent of
compensation liabilities as t!1ey are mc~1rred. All stock ,corporations . or
mutual associations ·transactmg the busmess of wo:kmen_s compensat;on
insurance in this state under the terms of sub. 2_ o ~ this ?ect10n shall be subject to the rules and regulations of the comm1ss1on with respect to rates
to be charged, and methods of compensation to be used._
Th I
f the section Is mandatory
e anguage O
, .
and not merely permissive, and a 11 erp1f l ;i~:
shall ln advance secure the paymen 1°
compensatlon to which any one of the r employes may become entitled under this chapter;
and the Industrial Commission may Invoice the
aid of the courts to compel companies to comply with the terms or the act.
The Industrial Com. v. Daly M. Co. ; 51 U. - ;
172 P. 301.

This title ls const,tutlonal so far as It authorizes the indus trial commission to fix a
minimum rate for all Insurers unde r this act,
d the commission ls justified Jn not recelv~n
vldln for a lower rate
m~ a p~I IcyL~~~lng
v the lndus t r!O:J Com ..
P
~
• •
cran ?n
50 U . - , 170 • 9 1 6•

&amp;,

.

3115. Notice to be filed. If the in's urance so effected is not ".Vit}1 t~e
state insurance fund, the employer shall forthwith file w ith t_he commisswn 111
form prescribed by it a notice of his insurance, together with a copy of the
contract or policy of insurance.
3116. Policy to cover entire liability. Every policy of insurance covering the liability of the employer for compensation, wheth~r. issued by. the
commission or by a stock company, or by a mutual associat10n ~uthonzed
to transact workmen's compensation insurance in this state, .shall cover
the entire liability of the employer to his employes covered by the policy
or contract, and also shall contain a provision setting forth the right of tht&gt;
employes to enforce in their own names, either by, at any time, filing a separate claim or by, at any time, making the insurance· carrier a party to the
original claim, the liability of the insurance carrier in whole or in part for
the payment of such compensation; provided, however, that payment i_n

wh ole or in pa r t of s uch compe nsation, by either th e employer or the insurance carrie r, shall, to the extent thereof, be a ba r t o the recovery against
the other of the a mount so paid.
Secs. 3116 -3118 are di scussed In Scranton
Lea s ing- Co. v. Indus t rial Com ., 50 U. -; 170
P . 97G.

3117. Notice as to injury. Jurisdiction and effect of award. Every
such poli cy an d contract shall contai n a provision that, as between the employe and th e in surance ca rr ier, the notice to or kn.ow ledge of the occurrence
o-f t he injury 0 11 the part o f t he emp loye r shall be deem ed notice or knowledge, as th e case may be, 0 11 the part of th e ins urance carrier ; that jurisdicti on of th e employer shall, fo r the purpose of thi s title, be jurisdiction
o f th e insurance carrier, and that the insurance carrier shall i.n all things
b e bou nd by and subject tp th e orders, findi ngs, decisions, and awards rendered again st t he employe r fo r t he payment of compensation under the
provi ions of t hi s title.
•
3118. Insolvency of employer not to relieve insurance carrier. Every
such policy a nd contract shall contain a provision to the effect that the insolvency or ba nkruptcy ·of the employe r, and hi s discharge therein, shall not
r eliev e the insurance carrier from the payment of compensation for injuries
or death sus tained by an employe during the li fe o f such policy or contract.
3119. Insurance by county, city, town, or school district. Each county,
city, t own, or school district which is li able t o its employ_es fo~ compensation
may in sure in the s tate in surance fund or pay compensation direct.
3120. PYoportion of contribution by state to fund. The state shall _cont ri bute t o the state insu rance fund in proportion to the annual expenditure_
of m oney by it for t he se r vice of persons in the employ of the state described in sub. 1 of § 3111, th e am ount of s_u ch paymen_ts and the method of
makinO' the same t o be determined a s heremafter provided.
3121. Rate a~d manner of payments by state. Estimates sub~itted to
governor. In the m onth of January in th~ year 1918, th~ state auditor shall
draw his wa rrant on th e state treasurer, 111 favor of said tr~asurer _as custodian of t he st ate insurauce fund, and for deposit to the credit of sa!d fund ,
for a sum equa l t o 1 per cent of the amount of mo'.1ey expended by the state
duriiw t he last preceding fiscal year, for the ser.vice &lt;?f persons m the e~ploy i f the state, which said sums are _hereby appropriated and made available fo r such payments; and thereafter m the mo1:th _of January of ~ach year,
such sums of money shall in like manner be _paid_ mto the state msurance
fund as may be due according to the rate for and ms_ur~nce as fixed b:z the
• •
d ·t shall be the duty of the comm1ss10n to commumcate
commiss10n ; an i
h
.
f
l
1 r session
to the governor, three months before t e convenmg o eac 1 regu a
of the legislature, an estimate of the aggregate ~mou1:t of_ money _necessary
to be contributed by the state during the ensnmg b1enmum as its proper
portion of the state insurance fund.
to be comp~nsated. Every em3122• E mp l oyes coVered by state fund
.
d
1 • • • d b
•ploye covered by insurance in the state mcura~ce fun , w 10 1s mJure , y
·d
• •
t f and in the course of his employment, and the deacc1d ent arfismgl ou o
Hlled provided the same was not purposely self:peA1· en~s o • suc lt as Ja7
19i7 shall be paid such compensation out of the
mt t1ct~ ' on or af erd fuory l~ss su~tained on account of such injury or death
s a e msurance un
.1d
•
h
d·caJ · nurse
• . ·c1 d . tl • t·t1e and shall be entlt
e to receive s~1c me t , ,
,
.as is p1 ov1 e m 11s t ,
. .
d
ch amount ot funeral expenses
and hospital services and m_ed1c111es, ~n . su
.
d tes Except
in case of death as are provided by this t1tlle.ed b l
3
. p
. t O t te fund regu at
y c ass an ra •
( . pt the state) who shall have
s a
123. • ayments m
1
~s herei1;1after provid~d, every 1mp/Yrall efi~\he month of July, 1917, and
msu;ed 111 the state msurance ·nt~~ th: st;te insurance fund the amount ~f
·sem1-annually thereafter, pay 1 b
·ssion for the emJ&gt;lovment or
•
.d
•
d
• d
d fixed y t 11e comm1
Premmm
etermme an
t of which premium to be so pat
occupation of such employer, t 11e amoun

1

�I

·---

INDUSTRIAL COMMISSION.

INDUSTRIAL COMMISSION.

by each such employer to be detenni~1e1 by the classifications, rules, an_d
rates made and published by the comm1ss101~ ; and su~h employer sl:a ll se m1annually thereafter pay such furth er sum 01 _money mto _the state msurance
fund as mav be ascertained to be due from 1rnn by applymg the rule s of th e
commissio1{, and a receipt or certificat e certifying that such pay me1:t _h as
been made shall immediately be mailed to such employer by the comm1ss1 on,
which receipt or certificate, attested by th e seal ~f the commission, shall be
prima facie evidence of the payment of such prcmmm.
3124. Substitute systems of insurance. Requirements, termination,
and benefits. Subject to the approval of the commission, any employer may
enter into or continue any agreement " ·ith his employes to provide a · system
of compensation, benefit, or insurance in lieu of the compensation and insurance provided by this title. No such substitute system shall be app roved
unless it confers benefits upon injured employes and their dependents, at
least equivalent to the benefits provided by this title, nor if it requires contributions from the employes unless it confers benefits in addition t o t hose
provided under this title at least commensurate wi_th such contributions.
Such substitute system may be terminated by the commission on rea sonable
notice and hearing to the interested parties if it shall appear that the same
is not fairly administered or if its operation shall disclose defects threatening its solvency, or if for any substantial reason- it fails to acco mplish
the purposes of this title; and in this case the commission shall determi ne
upon the proper distribution of all remaining assets, if any, subject t o th e
right of any party in interest to take an appeal as in other cases of appeal
from the orders of the commission. Any employer who ·makes a deduction for such purposes from the wages or salary of any employe entitled
to the benefits of this title shall be guilty of a misdemeanor; pro vided, that,
subject to the supervision of the commission, nothing in this title shall be
construed as preventing the employer and his employes entering, and it
shall be lawful for them to enter, into mutual contracts and agreements .
respecting hospital benefits and accommodations and medical and surgical
services, nursing, and medicines to be furnished the employes as in this title
provided; but no profit, directly or indirectly, shall be made by any employer
as a result of such contract or agreement, the purpose and intent of this title
in such respect being that, where hospitals are maintained and medical and
surgical services and medicines furnished by the employer from payments
by or assessments of his employes, such payments or assessments shall be
no mo:e or ~reate_r than n~cessary to m_ake such hospital benefits and accommod~ttons, mcluding surgical and med1_cal services and medicines, . self-support!ng for the care and treatment of h1s· employes, and all sums received or
retamed _by the employer fro1;1 the employes for such purpose shall be paid
~nd applied ~hereto; and provided, further, that such hospitals so maintained
m who)e or m_part by payments or ass_e~sments of employes shall be subject
to the mspect10n an~ under the superv1s1on of the commission as to services
and treatment rendered such employes.
31~. Tax . on ~ployers no~ insuring in state. fund. Employers who
d_o not msur_e e1ther ..m _the state msurance fund or. with any stock corporation or mutual ~ssoc1~t10n shall pay a t~x of the same per cent as required
by law to be p~1d by msurance_ compames upon their premiums, based uoon
'.111. amoun~ eqmvalent _to premmms which would be paid ·by such employer
1f msured m the st~te_msurance !u~d; said tax to be computed and collected
by the state comm1ss1on and patd mto the state treasury.
3126. • Compensation to w~rk111:en hired or injured in or out of state.
If a'd workman
• •
by
• • who hasf been. hired m this state receives person a J tnJury
ace~ ent ansmg qut ~ and m t_he course of such emplyoment, he shall be
entitled
accordmg
• · h. t·to1 compensation
• , to the law of this state as p rov1'd ed for
h
m t 1s 1t e, even t oug11 such. m1ury
was
received outside of tl11s
• s t a t e. If
d
.
a wor k_ma~ w ho h as b, een h_ire outside of this state is .injured while engaged m his employers busmess, and is entitled to compensation for such

injury£ under- t~ e la ,': of the stat~ wh~re he was hired, he shall be entitled
t o en orce agamst 111s employer his. rights in this st a t e 1'f h'1s ng
• h ts are sue h
• ·
t I1a t t I1ey can r easona b ly be determined and dealt with b th
·
'
.
e comm1ss1on
and th e court in thi s state.

!

1'

l

. 3127. Conditional. liability of employers. Rights of dependents. • Election of remedy. Duties ~f commission and insurer. Deficiency payment.
Empl oye: s who comp ly ,y1~h ~he provisions of § 3114 shall not be liable to
: espond m da1:1~ge? fo r 111Jtmes sustained by their employes not resulting
111 death . For 111Junes_, however'. r esulti_ng_in death, the dependents of the deceased employe ~re g iven th e n g ht, w1th111 such time as the commission by
ru_le sha ll pre cnbe, to elect (a ). betw een bringing suit at law against such
employer to recove r damages fo r such death and in the event of suit said
dependents mus_t prove neglig ence on the employer's p~rt before they can
recover, or (b) t o accept the benefi ts allow ed to dependents of deceased employes by this title in t he event o f death. If they elect (b) they shall not
be entitled to sue such employer at law to recover damages. If they elect
(a ) th ey thereby fo rfei t any ri ghts to compensation under this title, and in
a suit at law shall not be entitled t o recover damages from such employer
if th e deceased employe wa s hims elf g uilty of contributory negligence, or •
if he assumed the risk, or if hi s death was due in whole or part to the
negligence of a fellow se rvant. If th e dependents of the deceased elect to
sue as herein provi ded, and in such suit recover judgment against '"he employer, then the comm iss ion shall determine the amount to which the plaintiffs in such suit would be entitled by accepting the provisions of this title,
and pay the sa me t owa rd the satisfaction of the judgment so rec:overed,
if th e employer against whom the judgment is recovered was, at .the time
the injuries ca usi ng the death were received, insured in the state iustirance
fund ; otherw ise such judgment shall be paid by the employer or_ his insurance ca rri er. A ny deficiency shall be paid by the employer agamst whom
the judg m ent is recovered.
•
3128. Notice of authorization to be posted by employers electing fo
pay direct compensation. Each employer providing insurance or _elec~ing
directly to pay compensation to his injured or the dependen~s of ~ts killed
employes as herein provided, other than the empl~yer; ment10ne~ m snb. 1
of § 3110, shall post in conspic_u ous places about his jJlace of b1;11,mes~ typewritten or printed notices stating the fact that_he ~as comphl!d w1t~ ~he
provisions of this title and all of the rules and :egulat1ons of the c?mm1_ss10n
made in pursuance thereof, and has been authorized by the comm ,ss10n direct•
ly to compensate such employe_s or dep~ndents, and the same, when so posted,
shall constitute sufficient notice to hts employes d the fact that he has
complied with the law as to securing compensation to his e·nployes and
their dependents.
.
.
•
-,
3129. Employers not entitled to benefits durmg penod o~ noncompliance. Certain defenses unavailable. Employers who shall fat! to compl_y
with the provisions of § 3114 shall ~ot b~. entitled to t~e,_~enefits ?f this
title during the period ·of non-comp!tance, ~ut shall be ha~ " to their employes or the dependents of their emr}?~es m case of d_eath or damage suffered l,y reason of personal injuries ansq1g out of and 111 the course of employment caused by the wrongful act, neglect, or default ·of the employer or
any of the employer's officers, agents, or employe~, .an_d also to. t~e personal
representatives of such employes where death rcsm~s from ~uch m1un~s. And
in such action the defendant shall not avail himself or itself of either of
the following defenses: The defense of the fello~v-servant r~tle, the defen~e
of the assumption of risk, or the defense of co~tnbuto~y negh~ence: And m
all such cases proof of the injury shall constitute pnma fac1e evidence of
negligence on the part of the employer and the ~urd~n shall ~~ upon the
employer to show freedom from negligence re~u~tt_ng 111 such m1ury. :t\.nd
tuch employers shall also be subject to the prov,s1ons of the two sections
next succeeding.

�INDUSTRIAL COi\UvIISSION.
3130. Rights of employe when employer fails to comply with title.
Procedure. Prosecution or compromise of suit. Any employe whose employer has failed to comply with the provisions of § 3114, who has been injured by accident arising qut of and in the course of his employment, wheresoeYer such injury has occurred. and which \\"as not purposely self-inflicted,
or his dependents in case death has ensu ed, may, in lieu of proceeding again st
his employer by civil action in the courts, as provided in the last preceding
section, file his application \Yith the commission for compensation in accordance with the terms of this titl e, and the commission shall hear and
determine such application for compensation in like manner as in oth er
claims before the commission: and the amount of the compensation which
said commission may ascertain and determiue to be due to such injured em ploye, or to his dependents in case death has ensued, shall be paid by such
employer to the person entitled thereto \Yithin ten days after receivin g
notice of the amount thereof as fixed and determined by the commission ;
and in the event of the failure, neglect, or refusal of the employer t o pay
such compensation to the person entitled thereto , within said period of t en
days, the same shall constitute a liquidated claim for damages again st s uch
employer in the amount so ascertained and fixed by the commission, whi ch,
,yith an added penalty of SO per cent, may be r"ecovered in an action in th e
name of the state for the benefit of the person or persons entitled t o th e
same. The commission shall adopt and publish rules and regulation s g overning the procedure before the commission provided in this section, and
shall prescribe forms of notices and the mode and manner of serving t he
same in all claims for compensation arising under this section. Any suit,
actio~, or proceeding brought against any employer under the provisi ons
-of tlus sec!1on may be compromised by the commission, or such suit, acti on,
or proceedmg may be prosecuted to final judgment as in the discretion of th e
&lt;:ommission may best subserve the interests of the persons entitled to r eceiYe such compensation.
.
3131. Procedure in case of default by employers. Action by attorneygene~al. If any em~loyer shall default in any payment required to be made
by 111111 to the state msurance fund, the amount due from him with interest
the~eon a~ th_e rate of 12 per cent per annum shall be collected by civil acti on
agamst hi~n !n the name of the state as plaintiff: and it shall be the duty o f
the comm1ss1011 on the first 1fonday in August, 1917, and on the first M onday of each month _thereafter, to certify to the attorney-general of the state
!he names and residences of all employers known to the commission to be
m default for such payments for a longe_r period than five days, and the
amount due from each_such employer,"and 1t shall then be the duty of the• attorney-gener~l. fort~w1t~ to brmg or cause to be brought against each such
employer a c1v1l action m the proper court for the collection of such amount
so due, and the same w~1en coll~cted shall be paid into the state insurance
fund! ~nd each employers compliance with the provisions of this title
reqm.nng payments to be made to the state insurance fund shall date from
the time of the payment of said money so collected as aforesaid to the state
treasurer for credit to the state insurance fund.
3~32. Right to recovery un~ei:: this title exclusive remedy. Exceptions . •
ihe. r(gh_t to rec&lt;?ver compensation pursuant to the provisions of this title
or 1111unes sustamccl bv an employe shall be the
l •
d
·
the• employer , except tl1 a't .w l1ere ti1e m1ury
. .
.
exc us1ve reme y , agamst
is
db
.
~aus~ Y t 11c employers wilful
misconduct and such act causing such in·
employer himself, or if the emplover b Jury is t 1e _Personal act of the
of the partners, or if a corporati~n e a partnership, on the part of one
O
officers thereof, and such act indicate n th ~ part_ of an elective officer or
or bodily safety of employ;s such in' s ~ wilful disregard of the life, limb,
claim compensation under tiiis title 1i;e e_mpl.oye may,. at his option, either
ages. The term "wilful misconduct" mamtalm an ~ctioi: at law for dam' as emp oyed m this section shall be

INDUSTRIAL COMMISSION.
constru ed t o m ea n an act doi1e l·
.
• t o f lllJUrmg
• . .
~nowmgly and
)) urpose 1y with
.
a nother .
'
the direct
o bJee
3133. Election as to r.e medy A .
• .
•
an emp loye en t it led t o compens~tions:~~nment_ of _cause. _C?mpromise. If
by th e n eglio-ence or w rono- of anotl . de_r th1 s title be 111JUred or killed
empl oye, or in case o f death his de 1e1 ~ot m the same employ, such injured
shall! before any ~uit_ or claim
und er thi titl e. elect wh~th~r to tfl~~
pursue hi rem edy against such other. Suclt1~at1?n under this ~1tle or :o
such m a nn e r as t h e commi ssion
b
e ectwn shall be evidenced m
may y ru Ie or reo-uiation p
"b
If h
el ect to take compensa tion under this title ti
"'
f
. rescn _e.
e
otlt er shall be a igned t o the state for t'h 1be catfiiste of alct10n ag&lt;l:mst such
·
e en e
o t 1e state msurance
f d 'f
un , '. COmI;&gt;e1:sat1o n be paya?le t~1erefrom, a nd otherwise to the
erson 01 as sociation o r corpora t1on li able for tl1e pav 111 e11 t of
h
p
•
d 1•f I1 I
';
sue compensati on, an
c e _e c~ t o proce ed against such other, the state insurance fund
perso n, or as s?cia t10~, or corporation, as the case may be, shall contribut~
onl y th e deficie ncy, if any, between the amount of the recovery against
such oth er J?er~o n act ually collected, and the compensation provide.cl or estimated by t hi s titl e fo r such case .. Such a cause of action assigned to the state
may be pro ec uted o: compromi sed by the commission. A compromise of
any such ca use of ac_tion by t~1e employe or his dependents at an amo_unt Iese;
than tl-~ e comp ensati on prov1_ded for by this title shall be made only with
th e wri tten app roval of the commission, if the deficiency of compensation
w o~ild be payable fro m the state insurance fund, and otherwise with the
written app rova l of th e person, association, or corporation liable to pay -the
sam e.

~~1;:•

3134. Waiver of right_ to exercise option. Every employe, or his legal
repre senta ti ve in case death results, who makes application for · an __award,
or accepts compens a tion from an employer, waives his right to exercise his
option to in stitute proceedings in any court. Every employe, or his legal
representati ve in ca se death results, who exercises his option _to institute
proceedings in court, as provided in this title, waives his right to any award
or direct payment of compensation from his employer.
3135. Judgments have same preference as taxes. All judgments obtained in any action prosecuted by the commission or by the state under the
authority of this title shall have the same preference against the . assets
of the employer as claims for taxes now have.
3136. Compensation. Exceptions. No · compensation shall be allowed
for the first ten days after the inquiry is received, e~cept th~ disburseme1:t
hereinafter authorized for medical, nurse, and ·hospital services and medicines, and for funeral expenses.
3137. Rate and limit for temporary disability. In case of temporary
disability, the· employe shall receive 55 per cent of his _average weekly wages
so long as such disability is total, not to exceed a 11;-ax1mum of $12 p~r week,
and not less than a minimum of $7 per week; but m no case to contmue for
more than six years from the date of the in_jury, or to exceed $4500.
3138. Rate, time, and schedule for partial disability. '0'here tl;e injury
causes partial disability for work, the employe. shall rece1v~, ~urmg such
disability and for a period of not to exceed six years begmnmg on the
eleventh day of disability, a weekly compensation equal to 55 per cent
of the difference between his average weekly wages before the accident and
the weekly wages he is able to earn thereafter, but not more th~n $~~ a week.
In no case shall the weekly payments continue aft~r the d1sabiht_y e!1~s,
and in case the partial disability begins after a period of total d1s~bihty
the period of total disability shall be d~dttc~e? ~rom such total p_cnod of
compensation. In the case of the followmg !11Jttnes the compensation sh&lt;1:ll •
be 55 per cent of the average •weekly ·wages! ~ut _not more ~han $12 to. b.e p:1d
weekly for the periods stated against such mJttnes respectively, to wit. For
loss of:

�r

I

I

-

--INbUSTRIAL COMMISSION.

INDUSTRIAL COMMISSION.

by an employe to waive his rights t 0
•
.
be valid. No agreement by an emplo e ~~m~ensatwn u1'.der this title shall
paid by his employer shall be valid yd
P Y ~ny portwn of the premiµm
tioi1 of such pre1nium from the ..;.:;es ai; :~r oy~r who deducts any porto the ben efits of this title shall be guilty of a ;f d f any ~mpl~ye . entitled
viction th ere of shall be fined not more than $1001sf emeanhor, ahn ffupon con.
. • .
.
or eac . sue o ense.
315~. Right of ~ed1cal exam~at~ons. Any. empl~ye c;laiming the ri ht.
• g:
to recei ve co mpensat10n under this title may he requi·r d b th
•
•
d" 1
•
e
y e comm1sswn, ?r its m e ica e?'ammer,_to submit himself for medical examination at
any tim e a nd fro m time to t1:ne at a place reas·o nably convenient for such
employe, and as may be provided by the rules of the commission. If such
e~pl?ye r efu ses . to ~ubm1! to any such exat?ination_or obstructs the same,
his r:1gh t to have his cl~1':1 for compensat10n considered, if his claim be
pendmg before t he comm1ss10n, or to receive· any payments for compensation
theretofor e . g ra nted shall be suspended during the period of such refusal
or obst rn ct1on.
.
3153. Books, records, and payrolls subject to examination. Penalty.
All bo oks, reco rds, and payrolls of the employers of the state, showing or
reflectin g in any way upon the amount of wage expenditure of such em·ployers, hall alway s be open for inspection by the commission or any of
its traveling audito rs, inspectors, or assistants, for the purpose of ascertaining th e cor rectness of the wage expenditure, the number of men employed,
and such oth er infor mati on as may be necessary for the uses and purposes
of the commi s ion in its administration of the law. Refusal on the part of
any em ploye r t o s ub mit his books, records, and payrolls for the inspection
of any m ember of th e commission, or traveling auditor, inspector, or assistant presenting w ritten authority from the commission, shall subject
such employe r t o a penalty of $100 for each su_ch. offense, to be. collected
by civil acti on in t he name of the state, and paid mto the state msurance
fund to becom e a pa rt thereof.
3154. Lial:!ility of employers fo,;- mis,;-epre$~nta~ion. Any emploY:er who
misrepresents t o the commission the amou'.1t of payroll upo_~ which_ the
premium under this title is based, shall be liable to the state m ten times
the amount of the difference in premium paid _and the_ amou:it the employer
should have paid. The liability to the state under this section shall. be enforced in a civil action in the name of the state, and all sums collected under
.
this section shall be paid into the state insurance fund.
3155. Application of provisions as to those engaged in interstat~ commerce. The provisions· of this title shall apply to employers. and their employes engaged in intrastate and also in interstate _and foreign commerce,
for whom a rule of liability or method of compe_nsat10n has been or may be
established by the congress of the United States, only to the extent th at
their mutual connection with intrasta~e work may _and . shall be clear1J' :~~~
arable and distinguishable· from interstate or foreign com~erce, an_ • th"
only when such employer and any of his workmen working on1~ m bis
state, with the approval of the commission, and _s? far as n_ot ~orbidde:iin Y
any act of congress voluntarily accept the prov1s1ons of this title by • . g
written acceptances,' which, when fil e d WI"th an d a pproved
. . by the comm1shi title
th
sion, shall subject the acceptors irrevocably to
e _p~ov;f 10~s fd \ ~n its
to all intents and purposes as if they had been ongma '! me hu e .
• d f
• hich the premmms erem prot :rms, during the ·p eriod or peno
s or. w
de on the basis of
v1ded have been paid. Payment of premium shall ?e ~a
.
the payroll of the workmen who accept as aforesaid.
. . ·es Reports to commission. Every .em_Ployer
3156• R ecord o f mJUl'l
•
• •
ived by his emshall keep a record of all injuries, fatal or ?ther~1se, re~e Within a week
, ployes arising out of and in the _c ourse of t~eir ~mp ~~:~~l • injury. a report
after the occurrence of an acc1den,t resultmg. i~ P
bl nks to be proth ereof shall be made in writing to the commission upon a

3146. Exemptions of compensation. Compensation befo re pay ment
shall be exempt from all claims o f creditors and from &lt;;1ny attachm ent or execution, and shall be paid only t o such employes or their dependents .. _
. 3147. Additional compensation. In addition_ to th e compensa ti on ~ro vided for herein, the employer, or insu;·ance earner, ?r st ate !nsurance fu n_d
shall pay such amounts for medical, nurse! and l1:osp1tal services and medicines as it may deem prope r, not , however, 111 a_n~ mstance t o exceed tl~ e su1:1
of $200; and, in case dea th ensues from the 111Jury, reasonable fu ne1al expenses shall be disbursed and paid in an amount not to exceed th e sun~ o f
$150, and the commission shall have full power t o adopt_rul es ar~d regulat1o~s
with respect to the furnishing medical, nurse and hospital ser vice and m edi cine to injured employes entitled thereto, and for the pay ment th erefo r .
3148. Claimant may appeal if denied compensation. _Th e comm is~ion
shall have full power and authority to hear a-nd determm e all q~1est1 o~s
within its jurisdiction, pertaining_ to the pay ment ?f com pensa t1?n and
·benefits and its decision thereon shall be final; prov ided, how eve r, m case
the finai action of such commission denies the right of th e claiman t t o pa rticipate at all in such fund o~ the g:ound th~t the injury ,:7as self-in~ ictecl
or on the ground that the accident did not anse out of a!1d 111 th e co~11 se ~f
employment, or upon any other ground going to the basis o_f th e claimants
right, then the claimant, within thirty days after t~1e not1~e &lt;?£ t he fi n~!
action of such commission, may, by filing his appeal 111 the d1 stnc! cour t 111
any county ·of the district where the injury was inflicted, be e~titl ecl t o a
trial in the ordinary way, and be entitled to a jury 1f he demands 1t._ In such
a proceeding, the district attorney, without additional comp ensa t10n, sh_all
represent the commission, and he shall be notified by th e clerk for t hwith
of the filing of such appeal. Within thirty days after filing_hi s app ea_I, !he
appellant shall file a complaint in the ordinary form _agai11:st such com mi s ~on
as defendant, and further pleadings shall be had 111 said cause, ac_cordmg
to the rules of civil procedure, and the court, or the jury, under th e m structions of the court, if a jury is demanded, shall determine the rig ht of t he
claimant; and if they determine the right in his favor, shall fix his compe nsation within the limits and under the rules prescribed in this t itl e; a nd
any final judgment so obtained shall be paid by the commission out of the
state insurance fund in the same manner as such awards are paid by such
commission. The cost of such proceeding, including a reasonable attorn ey's
fee to be fixed by the trial judge, shall be taxed against the unsuccess ful
party. Either party shall have the right to prosecute appeals to th e supreme court as in civil cases.
An employer should be notified of the hearing
to allow compensation, and it has sufficient interest In the fund to permit it to bring certiorari or prohibition proceedings where th e
commission acts without juris diction.
The Ind . Com of Utah v. Evans, Judge, 51
U. - ; 173 P . - .

Where the Industrial Commission proceeds
without any evidence in allowing compensation,

it Is without jurisdiction, and appe a l Iles to
the courts.
Id.
Even though the Industri al Commission a ct
did not a uthorize the question of ultimate li a bility of the employer to be r eviewed on appea l or by dir ect a c tion, such right would exist bl' virtue of sec. 2, art. 1, of the Cons titution .
Id.

3149. Latitude of commission in procedure. The commission shall not
be bound by the usual common law or statutory rules of evidence or by any
technical or formal rules of procedure, other than as herein provided; but
may make the investigation in such manner as in its judgment is best
calculated to ascertain the substantial rights of the parties and to carry out
justly the spirit of this title.
3150. Minor deemed sui juris. A minor working at an age legally permitted under the laws of this state shall be deemed sui juris for the purpose
of this title, and no other person shall have any cause of action or right to
compensation for an injury to such minor workman, but in the event of the
award of a lump sum of compensation to such minor employe, such sum shall
be paid only to the legally appointed guardian of such minor.
3151. Agreements of waiver to compensation invalid. No agreement

f

I

,-- - - - - - - - - - -- - -- - - -'

�1- - - ~- -

--~....____

~-

Form 4.

REPORT OF COUNTY ASSESSOR
Employer E
s

~

-·:- •-- -

·

--

~

·

ngaged in E x tra-R azardous Industries
• m
• the •Count yo-----------------f
• ____________________
·
A. D., 19 ___ _
- -------- Sta t e of Wyommg,
Reported by __ .__________ . : _..:_..; _________•_________________________________ County Assessor.

~-::-=::-::-:- -::-=-------

• ---- - - · ~-

EMPLOYER'S NAME

~~==:--~-,~----- -•,.,,,..-·-~ ~ -

:,:,::--=--··-

INDUSTRY
= == ===
- -" '·""
-·""-·= '-- -·• •-• · ----···- - · - --.· •..~---=-

ADDRESS
--• •

••

- -·

- --

:;. - ~ - ~ -

REMARKS .

=·•--------~-=--•==--=--~••••-~--1-~~ ..... C ~ ~ • •• = - · • · ·~ = - • - ~ - - • = -

••-••==- -

-

�l
Form3-B

EMPLOYE'S REPORT OF ACCIDENT
'ro _______ ________ __ _____ ___ __ ___ __ ____ _____ ____ , Clerk of the Distr ict Court, of the _____ ___ ___ __ ______ _
J udicial District, within and for the County of_ ____ ____ __ ______ _____________ __ __ __ ______ , State of Wyoming.
----------------- - --- ----- --- - --------- - - - ------, employed by ________ _________ ___ ____ ________ _____ _
(Ioj orcd person,)

__----- - - -------- -------- - --- - - ------- -------- - ---- __ -, Wyoming.

--------------------------------------------------------------- ---------------------------------------

(1) The name of the injured
workman and the time, cause and
nature of the accident and injury;
also whether the injury has disabled t he workman from continuing the perfor mance of his duties.

(2) Whether the accident occurred while the workman was engaged in the duties of his employment, and grew out of the employment .

(3) The nature of the employment and duties, and how long the
workman had been engaged in the
service of such employer .

(4) Whether the accident was
or was not due solely to the culpable negligence of the injured
employe, and if so, a statement of
the facts.

(5) Whether the injured workman is married or singled; if mar2 .; 0 a, whether he has a dependent

family, and i:f so, the names of th e
persons comprising such dependent family and their place of residence.

(6) Whether the injured workman claims compensation under
this Act, and whether his right to
compensation _or ~he amount ?f
compensation 1s disputed by h1s
employer.

�Form No. l .

Employee's Statement of Dependent Persons
Husband or Wife

[Name]

[Age]

[Residence]

Number of Children under sixteen years of age

[Name]

[Residence]

[Age]

Parents

---------------------------------------------[Name]

--

[Residence]

•

'
------------------------------------------

'

---- .- ·----[Age]

------------

Signed this ___________________________________ day oL-------------------------------------A. D. i9 ____ ,

Signature:

Witness:

---------------------- ------- -----------------

-------

--------- _________.,.,

---------------------------------------------------------------------------------

------ _________ ,,-

-------------------------------------------------

-------------------------------------------------------------------------

-----

_______________________ ,

------ -------------------- ---,•

-------------------------------------------------------------------------------------------------------1

------------------------------------------

---------------------------

�I

I

MONTHLY PAY ROLL
of------------_________________________ __ ___________ __ _____________ ______ -for
Month ending ----- ------ --- -- --- -- ----- -- ·--- , A. D. I 9 ------ --, ----------------------------------- , Wpoming.
OEREKE. l-1~ 5000

-No.··1

NAME

AMOUNT

OCCUPATION

~
1
----

2
- - +- -- - - ----- 3

- - - - - --··

--

-

-

- - - - -1

·--· ----- - - -- - - -

--- - - - - -- - - - --

-------

- -·-- - - - - - - - - , -------------- - - - - -- - - - ---- - -- -

4

-·- ----- ----- - - - - - - - - - - - - - - - -- - --~- - - - - - i
I

I- - - - - -- - - - - - - - - - - - - - - l

5

-- ---

--

____ __ _ _ ____,_____

6

7

- -- - - - - - - - -

8

··- - .

-.

- - - - - - · · --

- - - - -- ---- -

. --- -

-

-- - - - - - -- - - -- - - - - - -:- - - - - - '.

9
lQ

I

11

I

- - --

_ _ I ___ - - --

- - - - - - ·-

12

-~ - - - - - - - - - - - - - - - - - -- ·- - - ~ - - - &lt;

- -- - - - - - - - - 1- - .

-----

13

I_!!_:

I -- - - - ---- - - ~ - - - - - -j-- - - - - - - - - - - - - -- - -!, -15-l!i- --

16

-

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-

- - - - - - - - , - -- - - -- - - - -- -__:_ __ _ _

17 ;

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1

18

- - - ,- - - - - - - - - - - - - --.- - - -

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- -!- - - - - - - - - - - - - - - - - -1- - -- - - - - - -- ----------I

~
i

_i- - - - - - - - - - - - - - - - - - 1

- -- - - -- - - - - - - -

20 :

- - - - - - - - - - - - - - - - - --1--

21 '

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- -- - - - - - ---j-- - - -- -- - - - - -

22
- -,,- - - - - - - - --

-

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-l-- ---- - - - - - - - - -- - ------- -- - - - ------- .

_E_:_________________ ---1

- - - - - -- - - - --

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24

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I

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·----. -- - -- - - - --- - -

25

1:-- - - - - --- - - - 1

_ ___J ____ _

- -r
I

__,;_--:--:-:-:-::--:--::--:--=~:------'----------T.:_o:_:t::al:_A:.:_m:o:u~nt~~--=---··.:.$~
Draft attached for 2% of Total

,

�Form 3-.A.

EMPLOYER'S REPORT OF ACCIDENT
To __ __ ___ ____ ___ ____ __ __ ___ _____ _______ ____ ____ , Clerk of the District Court, of the ___________________ _
Judicial District, within and for the County of_ _______ ____ __ ___ _____ ____ ___________ _____ , State of Wyoming.
_______ __ ____ ____ ___ ____ ____ __ ___ ___ _____ ___ ----, employed by __ __ _________________________________ _
( Injured pers on .)

________ ____ ___ ___ ______ ____________ ____ _______ ___ __ _-, "'\,Vyomiug.

------------------------------------------------------------------------------------------------------

(1) The name of th e injured
workman and the time, cause and
nature of the accident and injm-y ;
also whether the injury has di sabled the workman from continuing the performance of his duti es.

- - - - - - - - - - - - - - - - , - - - - - - - - - - - --1
I

(2) Whether the accident oc-

curred while the workman was en.
gaged in the duties of his employment, and grew out of the employment.

(3) The nature of the employment and duties, and how long the
workman had been engaged in the
service of such employer.

------------------it---------------------------------(4) Whether the accident was

or was not due solely to the culpable negligence of the injured
employe, and if so, a statement of
the facts.

(5) Whether the injured workman is married or singled; if married, whether he has a dependent
family, and if so, the names of the
persons comprising such dependent family and their place o.f resi-

dence.

I
1

I

-- ---· ----·------ -- ----!---------- ----·-- --- ·---- - - - - - (6) Wliether tl1e inj~red work~

man claims compensation unde1
this Act, and whether his right to
compensation _or ~he amount '?f
compensation is disputed by Jus
employer.

II

I

- ,c_J_ -- - -· -

J

�, ---:- · · - -

Compensation Law
of the

State of W yarning

CHAPTER 124.
House Bill No. 14 7.
THE WORKMEN'S COMPENSATION LAW.

AN ACT providing compensation for injuries or death resulting from injuries, of
workmen from accident occurring in extra-hazardous employments; defining
extra-hazardous employments and providing for the accumulation, maintenance and administration of funds in the State Treasury for the payment
of such compensation ·and repealing Sections 3 526, 4291 and 4292 of Wyoming Compiled Statutes, 191 o, and all other laws or parts of laws relating
to damages for injuries or death from injuries, or in anywise in conflict
with this Act, in so far as they are applicable to extra-hazardous employments.

Be It Enacted by the Legislafore of the State of Wyoming:
'section 1.
tion Law."

I .

This Act shall be known as the "Workmen's Compensa-

General Provisions.
Sec. 2. Compensation herein provided for shall be payable to persons injured in extra-hazardous employments, as herein defined, or the
dependent families of such, as die, as the result of such injuries, except
in case of injuries due solely to the culpable negligence of the injured
employee. Said compensation shall be payable from funds in the State
Treasury to be accumulated and maintained in the manner herein provided. The right of each employee to compensation from such funds
shall be in lieu of and shall take the place of any and all rights of action
against any employer contributing, as req~ired by law to such fund in

�STATE Ol!' WYOMING

COM:PE NSA'l'ION LAW

favor of any such person or persons by reason of any such injury or
3'"?.6
•
o_, , 4?.91
_, and 4292 ,and all other
. . laws
. or .parts .of. laws
.
d ea th . S ec t.ions
relating to damages for injuries or death from mJnries or m anywise rn
conflict with this Act are liereby repealed, as to the ~roployments, employers and employees coming within the terms of tlus Act.

(a) " F actories" mean any prem ises wherein pow er is used in manufacturing, making, al terin g, adap ting, omamenting, finishing, r epairing
or r enovatin g any ar ticle fo r the pmpose of tr ade or gain or the business
carried on therein, including expr essly any bri ck yard, meat-packing
house, fo un dry, smelter , or e r educti on works, lime-burning plant, stucco
pl an t, steam heatin g pl ant, electri c li ghting or power plant including all
work in or direc tly connected with t he constr ucti on, installation, operation, alter ation, r emoval or repair of wires, cables, switch-boards or
apparatus used for the transmission of electric current, and water power
plant, in cluding tov,ers and stand pipes, pow lei· plant, blas t furnace,
pap er mill , printing pla n t, flour mill, gla s factory, cement plant, artificial gas plan t, machine or repair shop, salt plant oil r efiner y plant and
chemical manufacturing plant.

2

Provisions Exclusive, Compulsory and Obligatory.
Sec. 3. The rights and remedies provide_d in this Act fo_r an employee on account of an injury shall be exclusive of all other _rights and
remedies of such employee, his personal or legal representatives_ o~· dependent family at common law or otherwise 0~1 accou_nt of such mJury ;
and the terms conditions and provisions of tlus Act for the payment of
compensation ~nd the amount thereof for injuries sustained or d~ath resulting from such injuries shall be exclusive, compulsory and obligatory
upon both employers and employees coming within the provisions hereof.
Extra-hazardous Occupations.
Sec. 4. The extra-hazardous occupations to which this Act is applicable are as follows: factories, mills and workshops where machinery is
used; foundries, blast furnaces; mines, oil wells; gas works; natural gas
plants; water works; reduction works; breweries; elevators; dredges;
smelters; powder works; laundries operated by power; quarries; engineering works; logging; lumbering and saw mill operations; street and
interurban railroads not engaged in interstate commerce; buildings being c?ns~ructed. repaired, moved or demolished; telephone, telegraph,
electric light or power plants or lines; steam heating or power plants ;
railroads not engaged in interstate commerce; bridge building and all
emplo:rments. wherein a proce~s r~quiriD:g the use of any dangerous
exploslVe or mflammable materials 1s carried on which is conducted for
the purpose o~ business, trade or gain, each of which employments is
hereby determmed to be extra-hazardous and in which from the nature
con~tions or ~eans of prosecution of the work therein required risks t~
the life and hmb of the workman engaged therein are inherent necessary or sub~t~ntially unavoidable. This Act shall not apply in a~y case
wh~re the mJury occurred before this -i\..ct takes effect and all rights,
which hav~ accrued by reason of any such injury prior to the taking
effect of tl11s Act shall be saved the remedies now existing therefor. This
Act shall only apply to t?ie employers by whom five or more workmen
have been. employed ~ontmuously _for more than one month at the time
of the_accident; provided? that this Act shall apply to the em lo ments
wherem dangerous explosives
are used or where the empl oymenpt reqmres
y ·
.
t h e perf ormance of serVIces upon derricks , scaffold"mg, po1es or other
s t rue t ures t en f eet or more above the surface of th
d ·
gard to the number of workmen employed.
e groun without reExceptions.
Sec. 5. This Act shall not be construed t
1
• •
ployments, which according to law are so e~ app y ~o ?usmess or emgaged m mterstate commerce as to be not subject to the 1 • 1 t·
' . .
.
eg1s a ive power of th St t
t
e a e nor o
persons IDJured while they are so engaged.
Definitions.
.
.
Sec. 6. In this Act unless the context oth
erw1se reqmres :
•

3

(b ) " W ork shop" means any yard, plant, premises, ro om or place
where power driven machin ery is emp loyed and manual labor is exercised by wa) of trade or gain or otherwi e inc idental to the process of
making, alterin g, r epairing, printing, or omamentin g, fini shing or adapting fo r sale or other wise any article or part of ar ticle, over whi ch premises, room or place the employer of the per son working ther ein has the
right of access or control.
(c) " Mill " mean s any plan t, premises, room or place where machinery is used, an y pro cess of ma chinery, changing, altering or repairing
any article or commodi ty fo r sale or otherwise together with the yards
and premises, which are part of the plant including elevators, warehouses and bunkers, saw mill, sash factory or other work in the lumber
industry.
( d) "Mine " means any opening in the earth for the purpose of
extracting iron, oil, coal or other minerals and all underground workings, slopes, drifts, shafts, galleries, wells and tunnels. and other ways,
cuts and openings connected therewith, including those in the course of
being opened, sunk or driven, and includes all the appurtenant structures
or machinery at or about the openings of the mine, and any adjoining
adjacent work place where the material from a mine is prepared for use
or shipment.
( e) ''Quarry'' means any place, not a mine, where stone, slate,
clay, sand, gravel or other solid material is dug , or otherwise extracted
from the earth for the purpose of trade or bargain or of the employer's
trade or business.
(f) "Building work" means any work in the erection, construction,
extension, decoration, alteration, repair or demolition of any building or
structural appurtenances.
(g) "Engineering work" means any work in the construction,
alteration, extension, repair or demolition of a railway (as hereinbefore
defined) bridge, jetty, dike, dam, reservoir, underground conduit sewer
oil or gas well, oil tank, gas tank, water tank or tower, any caiss~n work
or work in artificially compresse~ air, _a'I!y work in dredging, work on
log or lu~ber ~-afts or ~~oms; pile dr:vmg, moving · buildings, moving
safe~, or m laymg? rep_airmg_ or remoy1_ng, underground pipes and connect10ns, t~e erection, mstallmg? repau:mg, or removing Qf boilers, furnaces, engmes and power machmery (mcluding belting · and other con-

�y

[)
4

S'fATE OF WYOMING
COMPENSATION LAW

nections) and any work in grading or excavating wbcr~ shoring is n e~essary or power machinery 01: blast_in_g powder, dyn~m1te or other lugh
explosives is in use (excludmg mmmg and quarrymg).
(h) "Employer" includes any person, . or body of persons cor porate or incorporate, and the legal representntn:es of a d~c~ased employer
or the receiver or trustee of a person, corporation, association or partn ership.
(i) "Workman" means any person, who has entered into the employment of or works under contract of service or apprenticeship with
an employer, except a person whose employment is purely casual and
not for the purpose of the employer 's trade or business or those engaged
in clerical work, and not subject to the hazards of the business, .or one
holding an official position or standing in a representative capacity of t h e
employer. The term "workman" shall include " employee" and shall
include the singular and plural of both sexes. Any refer~nce to a work man, who has ~een injured shall, where the workman is, dead include a
reference to his _" dependent family", as hereinafter defined: or to his
l~gal repr;sentative or where the workman is a minor or incompetent to
lus guardian or next friend.
• (j) "Depe~dent families" as used in this Act·means such members
of the workman s family, as 1:ere wholly or in part dependent upon the
woikman for support at the time of the injury and shall include widow
o~ i:~~nd, tahs the case may be,_ a_nd children, or if no widow husband
o1 c 1 en, e parents of the mJured workman "f t 11
upon him for support at the time of the in. . . :{ ac ua y ependent
surviving spouse wilfully desei·ted d
j_m!, 1 it be shown that the
of the deceased, such survivin s 0:ase. wi th0 ut fault upon the part
pendent in any degree No sur~ivk e will not be regarded, as a deefits _of this Act, unle~s she shall ha~espbouse shall_be entitled to the henthe time of the injury.
een married to the deceased at

d

(k) "Child or children" means s· h '
years of age (·and over said age if h u~ that are under sixteen (16)
1~~lly or m_entally incapacitated
from earning) and shall also in~l
workman born after his death f u ~ ;gitimate clnldren of the injured
1
family dependency in whole or ~om :J:·y: In other cases questions of
with the fact, as the case may be a~~\ s :an be determined in accordance
definition of "dependent families,, sh:lrime 0 the injury; the foregoing
named, who are aliens residing b
not include any of the persons
States of America, except a surv~;:nd t~e jurisdicti?n o! the United
teen (~6) years of age and as to such n~ w1d?w, or children under si:x:pensation shall not exceed t,ve t fi n-res1dent aliens the rate of comcompensation herein provided. n Y- ve per cent (25%) of the rates of

lr

!

(I) The words "injuries su t .
.
!n:nt ~ ', as used in this Act shall inc~u~1:ed Ill extra-hazardous employ~nJuries to employees, as a result of th . death resulting from injury and
m or_ a?o~t the premises occupied u e~ employment and while at ~ork
and IDJm;ies o~curri.ng elsewhere
or contro!led by the employer,
~mployer s bu~me:-s requires their pr e at work ID places where their
azardous dut~es mcidei:rt to the bustsence and subjects them to extraof the employees occurring whil
hn_ess, hut shall not incl d . • •
e on IS way t 0
u e lllJur1es
assume the duties of his

'wh1!

5

employment or after leaving such duties, the proximat e cause of which
injnry is not the employer 's negligence.
(m) 'l'he words "injury and p ersonal injury" shall not ·include
in jury caused by t he wilfu l act of a third per son directed against an
employee for reasons personal to such employee, or because of his employment; nor a disease, except, as it shall directly r esult from an injury
incurr ed· in the employment.
(n) "Invalid" means one ,1"110 is physically or mentally incapacitated from earning wages.
Guardian May Act.
Sec. 7. In case an injured ,rorkman is mentally incompetent or a
minor, or where death res ults from the inj ury, in case any of his dependents, as herein defined be mentally incompetent or a minor , at the
time wh en · any right or privilege accr ues to him under t his Act, his
guardian may, in his behalf, claim and exer cise such right or privilege
nnd no limitation of time, in this Act provided for, shall run, so long,
as snch incompetent or minor has no guardian.
If Other Than Employer Is Liable.
Sec. 8. Where an employee coming under the provisions of this Act
r eceived an injury under circumstances creating a legal liability in some
person otl1er than the employer to pay damages in respect thereof, and
no legal liabili ty attachin g to the employer , then and in such case such
employee shall be left to his r emedy at law against such other person,
and compensation shall not be payable under this Act.

This Act Governs.
Sec. 9. No contra ct, rule, r egulation or device whatsoever shall operate to r elieve th e employer , in whole or in part, from any liability created
by this Act except as her ein provided.
Blank Forms Supplied by the State Treasurer.
Sec. 10. Tt shall be the duty of the State Treasurer to prepare,
cause to be printed and supplied free for use in the ·administration of this
law such blank forms, as may be needed by employers for reporting and
certifying pay-rolls of persons employed by them in extra-hazardous
employments and for reporting injuries; and forms for use of injured
persons in making claims for compensation; also to provide himself with
such other books, records or forms, as may be deemed necessary to expedite the_transaction of business under the provisions of this Act.
Employer's Report of Accident.
Sec. 11. Whenever an accident occurs causing injury to any workman engaged in any of the extra-hazardous employments defined by this •
Act, it shall be the duty of the employer within 20 days thereafter to
make a report of such accident and the injury resulting therefrom and
to file said report in the office of the Clerk of the District Court of the
County wherein such accident occurred, which report shall state:
(1) The na~e of the -~jured workman and the time, cause and
nature of the accident a?d _mJury; also whether the injury has disabled
the workman from contmumg the performance of his duties.
(2~ Wheth~r the .~ccident occurred while the workman was engaged m the duties of his employment, and grew out of the employment.

�STA.TE OF WYOMING

COMPENSATION LA-W

(3) The nature of the emploJ m~nt and duties and .how long the
workman had been engaged in the ser vice of such employeI •

r egular jury panel be in att endance at Cour t on the date any such hearing
may occur . 'l'he takin g of evidence shall be summar y giving a full opp ortunjty to all pa r t ies to develop the facts fully. The official court repor ter of the distr ict shall attend the hea ring and mak e a stenographic
repor t of the evidence without cost to either par ty. The Court or Judge
shall direct the County and Prosecuting At t orney, or other competent
attomey appointed by the Cour t to conduct the examination of witness es on behalf of the injured workman, and it shall be the duty of said
attorney to app ea r and perform such ser vice without expense to either
party. 'rhe employer may appear in person or by counsel and introduce
evidence at the same hearing. No costs shall be taxed by the clerk except
fees for witnesses, who may be subpoenaed and who shall be allowed the
same fees fo r attendance and mileage, as is fixed by law in civil actions,
and jury costs shall also be taxed to and paid from the accident fund,
if th e verdict and judgment be in favor of t he employer, but if against the
employer then he sha ll pay the costs. At the conclusion of the hearing,
the 8olll't sliall enter an or der pursuant to the ver dict of the jury, if ~a
jury be called, and if no j ury be ca lled, the Court or Judge shall render
a decision upon the facts and law of t he case pursuant to the provisions
of t hjs Act, and make an order allo,, ing or djsallowing compensation, as
the la" · and the evidence may warrant. In any proceeding before a Court
or Judge, as afor esaid the Court or Judge shall _have au~h?rity to appoint
a duly qualifi ed impa r tial physician t o examme the mJured employee
and give t estimony. The fee for such service shall be Five ($5.00) Dollars, Hnless other wise ordered by the Court, with mileage allowance, as·
is all owed to other witnesses, which shall be t axed, as costs, and paid
as oth er witness fees are paid. The employer or employee may at his own
expense also appoint a qualified physician, who may attend and be present
at any such exa mination of an injured employee and give testimony at
such hearing or investigation.

6

(4) Whether the accident was or wa_s not due solely to the culpable
negligence of the injured employee and 1£ so, a statement of the facts.
(5) Whether the injured workman is married or single ; if married
whether he has a dependent family and if so, the names of the persons
comprising such dependent family and their place of residence.
(6) Whether the injured workman claims compensation under this
Act, and whether his right to compensa tion or the amount of compensation is disputed by his employer.
Said report may be made upon a printed form prepared by the State
'I'reasurer for such purposes, and shall be verified as pleadings in civil
actions. Failure or neglect on the part of any employer whose business
or occupation is one enumerated and defined herein, as being extrahazardous, to report accidents causing injury to any of his employees,
shall be a misdemeanor and upon conviction such employer shall be punished by a fine of not exceeding Five Hundred ($500.00) Dollars.
Investigation by the District Judge-Procedure in Disputed Cases.
Sec. 12. Whenever an injury or death resulting from injury is repo_rted to the CI~rk of the District Court of the County wherein such
mJury occ1!rred, m accordance with the preceding Section, it shall be the
~1~ty of said Clerk to at onc_e n~tify the Judge of said Court, that such
mJur;&gt;' report has_ been _filed m lus office. It shall thereupon be the duty
of sai~ Judge to mv~st1gate ~he nature of said injury and claim for compensation at the ear~1est possible date, in such a manner, as he may deem
necessarl t~ ascertam whether the claim for compensation or the amount
t~1ereof is d1sp_ut_ed by the employer, and if there be no dispute, as to the
right of the mJured workman to receive compensation or as to the
amount thereof and the claim appear to be free from' collusion, said
Judge shall thereupon make an order direct1'ng paym· t f
h
• f
•
en or sue com• accor d ance w1·th
pensation rom. the State. Industrial Accident Fund m
t h. e f acts bY him ascertamed and the terms of this la r If th
b
dispute_, as to th e ng_
• ht 0 f sai'd mJured
• •
e a
employee or his "·
dependenterefamily
to receive ~ompensat10n, or as to the amount thereof, then it shall be the
dut~ of said Judge to set the case down for a hearing at th
r t
p,ossible da!e and to direct notice · of such hearing to b •
~ e:r ~~
Clerk of said Court for service upon the em lo e.
e issue
Y e
least seven (7) days before•the date fixed f;r :a: and t_he emp~oyee ~t
d he~rmg, which said
notice shall be served by the sheriff of said C
either party, except. that his actual travelin ounty without expense to
and taxed, as costs. The hearing shall b
g expenses shall be allowed
and report filed by the employer and suet c;1~.ducted ?Pon the statement
sented and filed with the Clerk of the Di t ·~ m~l claims as may be prethe injured workman. If the employ .. sh~ICt Court by or on behalf of
m alis report. of th e lllJury
• •
• •
t Imt t h e mJury
was due solely to theercul
a11 eges
employ ee, or that the claim for com en Pt')1e ~eghgence of the injured
the provisions of this Jaw then a jm·f sa 1~n Js one not coming within
~nd the ~ause shall he t~·ied, as ·a Co:~~Y .e em?-nded by e~ther party
mantled, 1t may be selected from names d ~roeeedmg. If a Jury 1s dejury box, as in civil eases at p.ny time in /~wn _from the fiv~ mile limit
erm time or vacation unless a

1

Appeal to Supreme Court..
.
.
.
.
.
Sec. 13. Any order g1ve_n and made m any mvestigation or hearmg
by a Court or Judge pursuant to the provisions of _this ~ct sball _be reviewable by the State Supreme Cou_rt_ on proceedmgs i~ error m the
manner prescribed by the code of c1v1l_ procedure; provided, however,
that the petition in error, bill of exceptions and record on appeal must
be filed in the Supreme Court within thirty (30) days from the date of
decision or order on motion for new trial by a Court or a Judge; unless
the time be extended by order of Court or J~dge, 3:nd thirty \30) days
shall be allowed all parties thereafter for filmg bnefs and said appeal
~hall be advanced on the calendar and disposed of as promptly as possible.
In case an appeal to the Supreme Court is ~rosecuted on behalf of the
injured workman, the County and Prosecutmg Attorn~y, or other Attorney representing said wo~·kman shall order a transcript ~f the record
of the hearing and proceedmg to be prepared by the offimal court reporter of the district wherein said injury occurred and duly certified
without cost to said injured workman, and said County and Prosecuting
Attorney or other Attorney shall order the papers on file in the office
of the District Court to be by said Clerk prepared, transcripted, certified
and forwarded to the Clerk of the Supreme Court without cost to the
injured workman, and the proceedings in the Supreme Court shall be conducted on behalf of the injured workman by the Attorney General of
the State as a part of his official duties, and by other attorney represent-

�l]
STATE OF WYOMING

COMPENSATION LAW

ing said workman. In case an appeal be prosecut_e~ on beba~f of the employer, the record of the proceedings at the origmal hearmg shall be
supplied without cost to such employer, but. such employer may employ
counsel to conduct such appeal on his behalf.

month 's pay-roll of workmen engaged in extra-hazardous employment
by twelve, and shall likewise be not less than Five Thousand ($5,000.00)
Dolla~·s. .Such_ employer shall not be compelled to contribute when his
contributions m the fun d, after making · deductions as aforesaid, shall
eqnal two }?er cent (2 % ) of his annual pay-ro11 , and s_hall likewise be not
less than F ive Thousand ($5,000.00 ) Dollars.

8

l.

Court Order Recorded-Copies to Auditor and Treasurer.
Sec. 14. Every order given and made by a District Cou~·t _or Judge
awarding payment from the Industrial Accident Fund to an mJured employee or his dependent family, shall be entered of record by the Clerk
of the Court where given and true copies thereof shall be immediately
made and certified by said Clerk and forwarded to the State Auditor and
State Treasmer, respectively, of Wyoming, and shall be by each of said
officers entered upon a record to be known as the Compensation Docket
and shall be the authority and direction of t.he State Auditor to issue
warrants for compensation awards against the Industrial Accident Fund
and for the State Treasurer to pay such compensation awai;ds from sai d
fund.
•
Industrial Accident Fund-Appropriation.
Sec. 15. There is hereby created a fund to . be known as the '' Industrial Accident Fund," which shall be held by the State Treasurer and
hy him deposited in such banks as are authorized to receive deposits of
funds of the State. All moneys received by the State Treasurer under the
provisions of this Act shall become a part of the Industrial Accident
Fund and there is hereby appropriated out of funds in the State .Treasury not otherwi_se appropriated the sum of Thirty 'I'housand Dollars
($30,00_0.00) , wlnch sh~ll be paid into and become ~ part of such fund.
There 1s also appropriated annually, until otherwise provided by law,
out of any moneys m the State Treasury not otherwise appropriated a
sum equal to one-fourth of the total sum, which shall be received b the
State Treasurer from employers under the provisions of Section 16 h~reof
no~, however, to exceed the sum of For~y Thousand Dollars ($40.000.00)
pe1 annun!, and the moneys so appropriatei1 shall be credited to · and be~
come a part of such fund . All fees or mileage of w·t
•
d
physicians adjudged to be paid from the accident ~ ne~se~, Jurors an
proceeding under this Act, and all contingent expe un_ m andy_ court
• d • ti
l • ·
.
nses mcurre m preParing .fo 1• an.
m • ie at m1111strat1011 of this Act shall b
'd f.
h
Tndustrial Accident Fund on proper Youcl1e1·s an(l warrants.
. e pa1 l om t e
Employers' Assessment.
Sec. 16. Every employer engaged in an. f h
.
.
defined, as. extra-hazardous, is hereb re ui;. 0 t e occ~pat10ns herern
Treasury for the benefit of the Industi;al A~ .;d t; pay mto the State
equal to two per cent (2%) of the moneys eai~ ent und a sn:m of money
engaged in such extra-hazardous employ
t Jd ?Y each of his employees
of such employment from and after Api~e~t ~·mg each calendar month
be so made on or before the 15th da , of
' 15- Such payment shall
for which such payments are compJed a~ie m~nth following the month
shall keep a separate account for eacl
d paid. The State Treasurer
fund . . Each employer shall continu ~ employer so contributing to said
above provided, unless the sum th:re~ ?ake mon_thly contributions as
deducting all payments made on acco i ~r~ ~o~tributed by him, after
all allowances made on account of su u~. 0 . ll~Juries to his employees and
cent (2 % ) of his annual pay-roll co~ :i!~riis, shall_eq'!al fu~l two per
p
Y multiplymg his current

t.
J

9

Copy of Pay-Roll to State Treasurer.
Sec. -17. It shall be the duty of each employer to forward to the
State 1're~surer on a blank form provided by said State Treasurer, a true
copy of lu s pay-roll of p er sons in his employ engaged in extr a-hazardous
employment during th e cunent calendar month on the tenth day of the
nex~ succeeding calendar month, swom to either' by himself or the person
havmg knowledg e of said pay-roll, and any statement contained in such
ve;·ified copy, which can be shown to have been made falsely and with
a wilfu l intention to evade the pr ovisions of this Act shall constitute a
misdemeanor plillisha ble by a fine of not more than F ive Hundred
($500.00 ) Dollars.
Duty of County Assessor, State Treasurer and Attorney General.
Sec. 18. It shall be the duty of the County Assessors in each of the
co1mties of th e State to ma ke a list of all employers within th eir respective
coun ties, who ar e engaged in ext ra-hazardous industri es, as defined by
this Act, and to fo rwa r d such list of extra-hazardous employments and
industries to th e State Treasurer within thirty (30) days after the passage and approval of this Act. It shall be the duty of County Assessors
of each of th e counties of t he State to make monthly reports to the State
Treasurer , showing what, if any extra-hazardous industries have suspended business p ermanently, and what if any new extra-hazardous industries have been established and commenced in their respective counties during the preceding month, and it shall be the duty of the State
Treasurer to immediately proceed in the collection of assessments from
said extra-hazardous industries, as is provided in Section 16 of this Act,
and in case any employer engaged in an _extra-hazardous business or
industry, as defined by this Act, shall _fail or .refuse to pay the asse~sment
upon his current monthly pay-roll, as 1s reqmrecl by this Act, then 1t shall
he the duty of the Attorney General of the State to immediately bring
snit in the name of the State for the benefit of the Industrial Accident
Fund against such employer for the collection _of such assessment, and
if a judo-ment for the recovery of said assessment be given in favor of
the Stat: for the use and benefit of the Industrial Accident Fund, said
judgment shall be for double the am~unt of the pay-roll assessment provided by Section 16 hereof, together with costs.
Compensation Schedule.
•
Sec. 19. Each employee, who shall be injured in any of the extrahazardous employments, as herein defin~d, or the dependent f~m?y. of
any such injured workman, :who may die as a result _of such mJuries,
except in case of injuries d_ue solely to the culpab_le negl~gence of such injured employee, shall rece1_ve out .of the _Industrial Acmdent Fund, compensation in accordance with the followmg schedule, and_ such payment
shall be in lieu of and take the place of any and all rights of action
against any employer. contributing, as required by this Act to the Industrials Accident Fund m favor of any person or persons by reason of any
such· injuries or death:

�tJ

D
11

STAIJ.'E OF -WYOMtNG

COMPENSATION LAW

(a) "Permanent, partial disability" means the loss of either one
foot, one leg, one hand, one arm, one eye, one or more fingers, one _or
more toes, any dislocation where ligaments are severed, or any other illjury known in surgery to be permanent, partial disability. For any permanent, partial disability resulting from any injury, the workman shall
receive a lump sum as hereinafter specified.
For the loss of a thumb _____________ -------------,--$ 150.00
"
" " " " :first finger ------------------------ 125.00
"
" " " " second finger --------------------- 100.00
"
" " " " third finger _______________________ 100.00
"
" " " " fom-th finger ---------------------75.00
" " " " palm (metacarpal bone)_______________ 400.00
"
" " " hand -------------------- ___________ 800.00
"
" " · " an arm at or below elbow_____________ 900.00
" " " " " " above elbow ----------------- 1000.00

previous permanent disabTt,,
• ••
1_1 ~, th e percent~ge of d1sab1lity
quent inJ·ur shall b
for a subse_
e deteimrned by deductmg therefrom the percentage
prev10us d1sabilitv
•• d at the time
•
•
o. f_ .t 11e Wl
J, as i·t ex1ste
of the subsequent illJllly.
ien p~rmanent total disability results from the inJ·ury the workman shall r eceive:
'

10

For Anky-losis ( total stiffness of) or contractures ( due to scars or
injuries) which makes the fingers more than useless, the same amounts
apply to such finger or fingers (not thumb) as given above.
. The loss of the second or distal phalange of the thumb shall be considered to be equal to the loss of one-half of such thumb; the loss of more
than one-half of such thumb shall be considered to be equal to the loss
of the whole thumb.
•
. The loss of the third or distal phalange of any finger shall be considered to be equal to the loss of two-thirds of such finger.
The loss. of more than the middle and distal phalanges of any finger
shall be cons1d':red to be equal to the loss of the whole finger; provided,
however, that m no case shall the amount received for more than one
finger exceed the amount provided in this schedule for the loss of a hand.
~~r

t~e l?~s ~f a great toe ___________________________ $100.00
one of the toes other than gr~at toe_____ 50.00

The loss of more than two-thirds of any toe shall be considered to be
equal to the loss of the whole toe.
to thTehleoslsososfof lelss ltfhanf tlwo-thirds of any toe shall be considered equal
•
one- 1a o t 1e toe.
For the loss of a foot ___________________
$ 800 00
For the loss of a leg below the knee
----------- 900.00
For the loss of a leg above the knee_____
1000 00
For the loss of an eye ------------------=========== 700:00
For any other injury known t
b
•
•
ability, the workman shall . . o surgery to_ e permanent partia~ dist th
Ieceive a lump sum man amount proport10ned
uopo.netehxtefnt of ~uch permanent partial disability based as near as may be
e oregomg schedule.
both (!~"Permanlent total disability" means the loss of both legs or
' or one eg and one arm • total loss f
• h
'
?ther condition permanently incapa~itating th o ey::1g ft, paralysis or
mg any work at any gainful
.
e wor an rom performvious disability as the loss of occupation. Where there has been a pre'
one eye, one hand, one foot, or any other

r

(1 )

.

lf unmarried at the time of injru·y a lump sum of $1000.00.

(2) If the w?rkman had a wife or invalid husband but no child
1illder th e age of sixteen (16) years, a lump sum of $1,200'.oo.
(3 ) If the workman had a wife or husband and a child or children
under the age of_ sixteen q6) years ,of age, or being a widow or widower,
for any such cluld o~· cl11ldren the lump sum provided in the preceding
para gr aph shall be mcr eased by adding thereto a sum equal to Sixty
($60.00 ) Doll ar s, per _ye~r for each child for each year \IDtil each child
~h all be of the age of sixteen (16 ) yea.rs, but the total amount of such
mcreased su~:n allowed for children under sixteen (16) years of age shall
not ex ceed ill the aggregate a sum equal to one and one-half the sum
allow ed to the widow or widower in any such case.
( c) "Temporary total disability" means an injury which temporarily incapacitates the injured person from performing any work at any
gainful occupation for the time, but from which injury such person may
recover by medical or surgical treatment and be able to resume work.
In such cases, if the workman be unmarried at the time of the injury,
he shall r eceive the sum of Fifteen ($15.00) Dollars per month, so long
as the total disability shall continue. If he have a wife with whom he is
living at the time of the injury, he shall receive Twenty ($20.00) Dollars
p er month, and if he have children under sixteen (16) years of age, he
shall receive Five ($5.00) Dollars per month for each child under sixteen
(16) years of age, but the total monthly payment shall not exceed Thirtyfive ($35.00) Dollars per month. No compensation shall be allowed for
the first ten days of disability, but if the incapacity extends beyond the
period of ten days, compensation shall begin on- the eleventh day after
such injury. As soon as recovery is so complete that the earning power
of the 'workman at any kind of work is restored, the payments shall
cease• but in no case shall the total payments made in such cases exceed
in th~ aggregate the lump sum amount herein specified to be paid an injured workman for injuries causing permanent total ,disability.
( d) Where death r~sults from an injury, ~he expense of burial shall
be paid not to exceed Fifty ($50.00) Dollars ill any case; u~less other
arrangements exist between employer and employee, under agreement.
(1) But if the work~an leaves a widow or inval_id widower, s~ch
survii.dng spouse shall receive a lump sum payment of $1,000.00 to which
shall be added a lump sum aggregating the present worth of Sixty
($60.00) Dollars per year for each survivin~ child -~der s~xteen (16)
years of age until the time when each of said survivmg children shall
become sixteen (16) years of age, provided that the aggregate sum so
added on account of children under sixteen (16) yea~s of age shall in 110
case exceed an amount equal to the lump sum provided to be paid the
surviving spouse, and provided further that ~f it be shown that the sm·viving spouse wilfully deserted deceased without fault upon the part
of the deceased, such surviving spou~e shall not be regarded as a de-

�12

COMPENSA'l'ION LAW

STATE OF W YOl\'IING

pendent in any degree, but in such cases the right of children under
sixteen (16) years of age to compensation shall not be defeated, but the
aggregate sum allowed them shall not exceed in any case the amount,
which would have been payable to the surviving spouse if there had been
no desertion of the deceased. In all eases wher e an order of compensation is made on account of children under sixt een (16 ) years of age or
to persons incompetent, said fund shall be disbursed under a proper
guardianship to be created by ~he Court or Judge making such an order.
(2) If the injured workman die during a period of temporary total
disability and after receiving compensation ther efor, as herein prov.idecl,
and his death be shown to have resulted from such injuries, the total
amount of payments received by him during such disability and prior to
his death will be deducted from the lump sum amount herein provided
to be paid to the surviving widow and children under sixteen (16) years
of age in case of death resulting from injuries.
(3) If the workman leaves no widow, widower or child under the
age of sixteen (16) years, but leaves a parent or parents. surviving, who
were actually dependent upon him for support, such surviving parent or
parents shall receive a lump sum which shall be computed at the rate
·of·fifty per cent (50%) of the average monthly support actually received
by such parent or parents from the workman during the twelve months
next preceding the occurrence of the injmy calculated as near as may
be over the probable period such support would have continued, but in
no case exceeding the sum of Five Hundred ($500.00) Dollars.

Forfeiture by Injured Employee.-Payments Withheld.
Sec. 20. If any injured employee shall persist in unsanitary or injurious practice, which tends to imperil or retard his recovery, or if he shall
refuse to submit to such medical or surgical treatment, as is reasonably
essential to promote his recovery, he shall forfeit all right to compensation under this act; and where an injured employee is under care and
treatment of a physician, he shall not be permitted to personally receivP,
or use any compensation payments allowed him under this act, except
upon the order of such physician, but such payments shall be withheld
and delivered to such injured workman upon his recovery or discharae
0
by such physician.
Exemption from Executfon or Attachment.
Sec. 21. No rno~ey paid or payable under this act out of the Industrial Accident Fund shall, prior to issuance and delivery of the warrant
therefor be capable of being assigned, charged or ever be taken in execution or attached or garnished, or shall the same pass to any other person
by operation of law, any such assignment or charge shall be void. ·

Minor Workman.
Sec. 22. A minor working at au age legally permitted under the
laws of this State shall be deemed sui juris for the purpose of this act
and no other person shall have any cause of action or right to compensation for injury to such minor workman, except as expressly provided h1
this act, but in the event of a lump sum payment becoming due under
this act to such minor workman, the management of same shall be within
the probate jurisdiction of the Courts, the same as any other properties
of minors.

13

Extra-hazardous Public W ork.-Contract Work.
Sec. 23. :Whenever the State·, County or any municipal corporation
shall engage m an? extr a-ha zardous work in which workmen are empl oye d for wages, this act shall be applicable ther eto. The employer's
paym ents . iu to the Industrial Accident F und shall be made from the
'.rreasm-,v o:E the State, County or l\fou icipality. If said work is being
,don by co ntra ct the pay-r oll of the contr actor ·and t he sub-contractor
sha 11 he the basi of computation and in the case of contract work consuming less t han one year in per form ance the r equired payment into the
acc ident fun d shall be subj ect to the pr ovisions of this act and the State
fol' its O'eneral fund, the county or municipal cor poration shall be entitled to collect from the con tractor the full amount payable to the Industrial · cciclent Fund and the contractor , in turn, shall be entitled to coll ct from the snb-contr actor his proportionate amount of payment; th e
provision of thi s section shall apply to all extra-hazardous work clone
lJ~, co nlract, except t hat in private work the contra.c~or shall be responsibl e. primarily and dire ctly, to the Ind ustrial Acmclent F und for the
proper percentage of the total pay-r oll of the wor k and for the amounts
due it, a nd the owner of the proper ty affected by the contr act shall _be
surety fo r such payments. Wh enever ~r.i d s~ long as th e Stat ~ ~aw, city
char ter or muni cipal ordinance, prov1s10n 1s made for mun1c1pal emp loyees iujmed in the course_of employmen t, such e1;nployee s~all not be
entitled to the benefi ts of tlns act and shall not be mcluded m the payr oll of the municipality und er this act.

Safety Devices.
. .
Sec. 24. Nothing in this act contained ~hall repeal an)'. ex1stmg law
)l'oviding fo r the installation 01: main~enance of any device,_means .or
!nethod for the preYention of ~cc1dents. m extra-haz~rdo.us wo1k or for a
penalty or punishment for failure to mstall or mamtam any such prot ective device, means 01: method.
.
Fees for Services in Procuring Compensation Limited.
S 25 It shall be unlawful for any person or _any n_umber of perec.. • to ether or separately or in any way, mcludmg attorne;vs,
d 11 other persons to receive. or agree to rece1v?.
sons act:mg g
a~ents, 1:nterpreter~,
~ly from any be~eficiary or beneficiaries under
-either directly 01'. m need• . d . to be rendered either jointly or sepath·
t for services ren e1e or
'
,
IS ac .'
.
rocuring any benefit or benefits under this act, any
rately, m r elatmg to ~ - . more than fifty dollars or more than five pel'
sum or sum~ ag1refa ::~unt. received or to be received by such benefic~ntum of t e ;-' ~? e n account of injuries to any employee. Every perciary _or b~nefic:a1~:c~rned in the violation of the provisions of this sec01 il~ of a misdemeanor, and upon conviction thereof shall
S?11 violatmg
fifty dollars nor more than five hundred dollars, to.
t1on shall be gu
be ~ued notblessdtdiadn imprisonment in the county jail for a term not exwlnch may e a e
ceeding ninety days. '
•
Ph . . s Required to Testify.
.
.AJ.1 physiciaµ having attended an employee m a profesysici.an
. Sec. 26 '. ·t \ • be required to testify before any Court or Judge
s10nal ca)'.1~1 {
cases corning within the provisions of this act, and
when so cfire~. e_Jeged coU:.munication between physician and patient., as
•
h
the law o puvi
fixed by statute sh_a ll not apply m sue cases.

J·~

f

"%\1

1
I
I

.l

·\

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n
15

STA'l'E OF WYOMING

COMPENSA'l 'ION LAW

False Statement by Employee.
Sec. 27. • Any employee or workman who shall make or cause to be
made on his behalf any misrepresentation or false s~ateme1;1t for the purpose of receiving compensation nuder this act to winch he 1s no~ l~wfully
entitled shall be guilty of a misdemeanor, and shall on .com:1ction, be
fined not more than Three Hundred ($300.00) Dollars or nnprisoned for
not more than ninety (90) days.

same, his right to monthly payments shall be suspended until such examination has taken place, and no compensation shall be payable during or
for account of such period or refusal.
•

14

Employee's Statement of Dependent Persons.
Sec. 31. All employees or workm en coming within the provisions of
Lhis act shall ·be r equired upon entering service in any of the extrahazardo ns employm ents her ein defin ed to make and sign a written statement settin g forth the names of th e persons dependent upon them for
uppor t or constituting memb ers of t hei r dependent famil ies, in each case
givin g t he names and ages of th eir children under the age of sixteen (16)
year .

Statistics Compiled by State Treasurer.
Sec. 28. It shall be the duty of the State Treasurer to _secu~·e and
compile statfatical information concerning accidents occurrmg m the
extra-hazardous employment defined by this act, showing the number of
accidents or fatalities occurring in each of said employments, the amount
paid in by each employer coming within the provision~ of this ~c~; t_he
amount paid out on account of injuries, or death resultmg from mJm:ies
in such employments and any other information relating to the operation
or administration of this law that may be of interest and to make a full
report thereof, together with such recommendations as he may deem
proper for changes or amendments herein, and to publish a full report
thereof, to the legislature on or before each succeeding session following
the passage and approval of this act.

P ayments of Employers Not to Be Refunded.
Sec. 32. All payments made into the Accident Fund by any and
cv r y empl oyer under the provision of this act shall be taken as paid
an d 1· ceived in consideration of t he indemnity to such employer by rea011 of hi contributing to the Indu trial Accident Fund and in consideration of th e payments mad e by th e ta te to such fund, and no part _of
any money so paid in by any employer shall ever be refunded to him
eith r du rin g the time wh en he continues in business as such employer,
or after he ceases such business. Provided, however , if this act shall be
her eafte r r epealed or held invalid, all moneys which are in the Industrial
Fund at the time of tl1e r epeal or final holding of invalidity shall be subj ec t to such disposition as may be provided by the Legislature and ~n
defau lt of such legislative provision, distribution thereof shall be m
accordanc e with the justice of the matter, due regard being had to obligations of compensation incurred and existing'.

State Examiner May Examine Employer's Books.
Sec. 29. The State Treasurer may direct the State Examiner to
examine the books, accounts or pay-rolls of any employer at any time
for the purpose of securing any information desired in the administration
of this act, and it shall be the duty of the State Examiner to perform
such service when called upon by the State Treasurer.

Existing Contracts and Pending Actions Not Affected.
Sec. 33. This Act shall not affect any contract entered into and
existing before its passage or any action pending or cause of action existing prior to April 1st, 1915.

Disabled Workman Examined by Employer's Physician.-Recovery Reported .to Court.
Sec. 30. Any workman awarded compensation for temporary total
disability under this act, as defined by clause ( c) of Section 19 hereof
shall, if thereafter requested by bis employer, submit himself for medical
examination by a physician licensed to practice medicine in this State,
at a place designated by the employer and which shall be reasonably convenient for the workman, and said workman may have a licensed physician present of his own selection. The purpose of such examination shall
be to determine whether the workman has recovered so that his earning
power at any kind of work is restored. If it be agreed that the workman has recovered so that bis earning power at any kind of work is restored, the fact shall be reported by the employer and said physician to .
the judge of ~he District Court who made the award in the first instance,
or if there be a dispute, as to the recovery of the workman and his restoration to earning power, it shall be likewise reported to said Judge by
filing a statement in either case in the office of the Clerk of the District
Court of the County where the award was made and the matter shall be
disposed of in such manner as said Judge may deem proper under the
facts. If said Judge find that said workman has recovered and has been
restored to his earning power and that compensation should be discontinued, his decision and judgment in the premises shall be certified to
the State Auditor and State Treasurer and shall be authority and direction ~o said officers to discontinue compensation payments. If the workman m such case refuse to submit to such examination or obstructs the

Sec. 34. This Act shall take effect and be in force from and after
the 1st day of April, 1915.
Approved February 27, 1915.

I

-----J

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

284

VISITORS

- A

1- ANDERSON, F. R.

RAWLINS - Toastmasters Club. (■No Permit)-

JAN/46

2= AMERICAN Gilsonite Co.
THOMAS, Sewell
HANSEN - President
BARRY - Mine Supt.

COLORADO, Denver
(•John H. EMRICK - Sullivan Machinery Co.
Accompanied Visitors)-

APR/46

O

�NO«

2

�April 11, 1%6

Mr. John H. Emrick
Sullivan Machinery Company
1815 California Street
Denver 2, Colorado
Copy:
Dear Mr. Emrick:

Mr. I. N. Bayless

Your letter of date April 8, 1946, coreerning
proposed visit of Messrs. Hansen, Thomas and Barry of
the Zmierican'Gilsonite Company to our Superior D„ 0.
Clark and Stansbury mines.
'.e shall be happy to receive the gentlemen
mentioned to have them inspect our property. We presume,
of course, that our amiable enemy,"John L.", will permit
an inspection of the mines while operating during the
middle or latter part of May.

We will appreciate •’■our advising at a later date
the exact time of proposed visit.

Very truly yours,

HCL:DAT

�§yLLIVAH MAemMECW ©©EWAK1Y
ESTABLISHED

1BS1

Telephone Keystone 6334

1815 California Street
GENERAL OFFICES
MICHIGAN CITY. INDIANA

WORKS
CLAREMONT. NEW HAMPSHIRE
MICHIGAN CITY. INDIANA
DUNDAS. ONTARIO
GRANTHAM. ENGLAND

Denver, Colorado
ZONE 2

April 8, 19U6
Mr. Ho C. Livingston, Vice President
The Union Pacific Coal Company
Rock Springs, Wyoming
Dear Mr. Livingston:

About two years ago, your company was very cordial on
an occasion when I brought Mr. Sewell Thomas, a consulting
engineer of Denver, to Do 0o Clark Mine where he saw a number
of things of interest, particularly the belt conveyoro Both
he and I appreciated your courtesy.

The Barber Asphalt Corporation, for which company Mr.
Thomas has been and still is Consulting Engineer, has sold
half interest to the Standard Oil Company of California, and
has changed its name to the American Gilsonite Company,,
The new President of this company, Mr. Hansen, has now
expressed the desire to visit your D„ 0„ Clark Mine, and your
Stansbury Mine.

So the purpose of this letter is to ask you if I may bring
him and Mr. Thomas and the Mine Superintendent, Mr. Barry,
sometime about the middle or latter part of May of this year to
see these properties and the points of interest in and around
them.
In all probability they will resume operations by then,
or before—I hope.

Thanking you, I am
Yours very truly,

SULLIVAN MACHINERY COMPANY

John Ho Erarick
JHE:PP
cc

Mro Io N. Bayless, President
The Union Pacific Coal Company
Union Pacific Railroad Building
Omaha. Nebraska

&gt;

�October 15,1943

Hr. John IL Lmrick
Sullivan uachineiy Company
1815 California street
Denver 2, Colorado
Copy:

Mr. V. u. Hurray
“!•&lt;, Geo. ... Brown

bear Hr. wrick:

Tliis '..ill acknowledge your letter dated
October 13th, in which you state you will arrive in
dock springs Tuesday, October 19, bringing with you
Hr. Sewell Thomas from. Denver.
Arrangements will be made so that you may
visit our Superior property cither the afternoon of
October 19th or during the day of October 20th, which­
ever suits your convenience.

Very truly yours,

�COPY

SULLIVAN MACHINERY COMPANY
Telephone Keystone 6334
1815 CALIFORNIA STREET
DENVER, COLORADO
Kone 2

October 13, 1943
I. N, Bayless, General Manager
The Union Pacific Coal Company
Rock Springs, Wyoming
Dear Hr. Bayless;
Several weeks ago you very kindly told Bish Ruff that
it would be all right for me to bring Hr. Sewell Thomas,
a mining engineer from Denver, to sec the belt conveyor
installation in the D. 0. Clark Mino. lir. Thomas is
engineer in charge of developments for the Barber As­
phalt Corporation’s gilsonite property at Bonanza, Utah.
They are planning to expand and enlarge their operation.
That is why he would like to come up to see your instal­
lation.

I am planning to meet him. provided this meets with your
approval, on next Tuesday, October 19. \&gt;’e will arrive
in Rock Springs in the afternoon and if it is early enough
we could go to Superior then. However, if we get in too
late it would be better to go out to the mine Wednesday
morning, October 20.

I will get in touch with you upon our arrival.
Thanking you and with best regards, I am
fours very truly,

SULLIVAN MACHINERY COMPANY

(Sgd.) John II. Erarick
John H. ihirick
jhe/bn

�SMMJVAM MA&lt;§1K1BMEKY e@B»HY
ESTABLISHED

1BB1

Telephone Keystone 6334

1815 California Street
GENERAL OFFICES
MICHIGAN CITY. INDIANA

Denver. Colorado
ZONE 2

Io No Bayless, General Manager

WORKS

CLAREMONT. NEW HAMPSHIRE
MICHIGAN CITY. INDIANA
DUNDAS. ONTARIO
GRANTHAM.ENGLAND

October 15, 19U5

The Union Pacific Coal Company
Rock Springs, Wyoming

De ar Mr o Bayle s s:

Several weeks ago you very kindly told Bish Ruff that
it would be all right for me to bring Mr. Sewell Thomas,
a mining engineer from Denver, to see the belt conveyor
installation in the Do 0o Clark Mine. Mr. Thomas is
engineer in charge of developments for The Barber As­
phalt Corporation’s gilsonite property at Bonanza, Utah0
They are planning to expand and enlarge their operationo
That is why he would like to come up to see your instal­
lation.
I am planning to meet him, provided this meets with your
approval, on next Tuesday, October 19. We will arrive
in Rock Springs in the afternoon and if it is early enough
we could go to Superior then. However, if we get in too
late it would be better to go out to the mine Wednesday
morning, October 20.
I will get in touch with you upon our arrival.

Thanking you and

with best regards, I am
Yours very truly,

SULLIVAN MACHINERY COMPANY

John H. Emrick
jhe/bn

�NO.

1

�January 4, 194&amp;

Mr. F. II. Anderson
l&gt;09 Maple direct

lawlins, Wyoming

Dear dir:

In reply to your letter of date January 2, 1946,requesting permission to visit our Superior D. 0. Clark Mine
for the purpose of preparing a paper for your Toastmasters
Club.
There is in existence a policy or rule instituted
for the duration of the war emergency that only employes
and state and federal inspectors be allowed in or around
the mines. The state of emergency has not been declared at
an end at this time and v;e are very sorry to advise you
that it v.lll not be possible to give you permission to
visit the Superior D. 0. Clark Mine.
Very truly yours,

IICL:DAT

�Rawlins, Wyoming
January 2, 1946,

Mr, H,C, Livingston,,
U,P, Coal 0oo
Rock Springs, Wyo,

Dear Mr, Livingston,,
We have in Rawlins a Toastmasters Club, whose members at there meetings
give speeches on different subjects,,
I would liEe to make a talk about your coal mine at Superior, Wyoming,,
Iwould like to know if I could get your permission to go into your mine
at Superior, so I could actually see what a mine looks like, see how the
coal is really mined and also see the conveyor belt in action that brings
xhe coal to the surface, Then I would be more capable of really putting
my speech over to the club members.

If given permission, I would like to know if a Saturday or Sunday would
not be as good a day as any, to go through the mine.
Yours truly,

F,R, Anderson,
1309 Maple Street

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