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| Judge George Gray. |
Cortland Evening Standard, Tuesday, December 16, 1902.
MINERS' CASE CLOSED.
Judge Gray Says a Business Must Pay Fair Wages.
ONE MORE WITNESS FOR TODAY.
Miners' Counsel Endeavored to Show That Mining Companies Are Controlled by Railroads—Read Reports of Legislative Investigations—Mr. Wolverton Opens For Operators.
Scranton, Dec. 16.—The mine workers, after occupying 19 days in presenting about 160 witnesses, practically closed their case before the anthracite coal strike commission yesterday afternoon. They will conclude by calling one important witness today.
The afternoon session was one of the most important sittings the commission has yet held because the question of whether the close relationship of the coal carrying railroads with the mining companies shall figure in the commission's effort to adjust the controversy came squarely before the arbitrators.
The decision of the commission, if Chairman Gray's remarks can be so called, was briefly this: that the commission, in a general way, is adverse to widening the scope of the investigation beyond the terms of the submissions of the miners and the operators; that in carrying on the investigation it assumes the coal companies can afford to pay fair wages; that if the coal companies, in presenting their side of the case, maintain they can not afford to give an increase in wages, then the commission will hear what the miners have to say on the ability of the companies to do so, and that if a business cannot pay fair wages the employer ought to get out of it.
These points were brought out during the two hours consumed by the miners' lawyers reading documentary evidence, to the whole of which the coal companies entered specific and general objections.
Railroads Control Coal Companies.
The mine workers depended a great deal on the evidence they had to present to show that the coal carrying railroads control the coal companies and that the railroads charge exorbitant and discriminating freight rates, thus greatly decreasing the revenues of the mining properties.
The miners wanted to present this evidence in documentary form, but as objection was made to it and sustained by the commission with the above rulings, the matter was not pressed.
The early part of the afternoon session was taken up in hearing the testimony of the remaining witnesses who are or have been in the employ of the Philadelphia and Reading Coal and Iron company, after which Mr. Darrow announced the close of his case excepting that he would call one witness today on a matter entirely different from anything that has been offered.
For the remainder of the afternoon he presented documentary evidence which he said showed the relationship between the railroads and the companies and numerous other matters pertaining to the anthracite coal industry.
Mr. Lloyd read a syllabus of the documentary evidence the miners' counsel had to present. He said:
"For the purpose of connecting the present facts with the past, we offer evidence of the causes, character and results of the combination, both of labor and capital, in the anthracite coal industry; the profits of the business both of mining and transportation; the relations of the transportation companies to operators and miners, and the economic, political and social consequences that have resulted. This evidence we obtained from the reports of the various legislative investigations by the states of New York and Pennsylvania and by congress from 1871 to the present time."
Monopoly In Anthracite Industry.
He read several reports of legislative and congressional investigations of the mining industry, and followed this up by reading from financial and trade journals reports of the roads and mine companies and public announcement of financial institutions to show that a monopoly exists in the anthracite industry. He submitted five points in evidence to prove it as follows:
1. The ownership by certain railroads of extensive mining properties in the anthracite fields.
2. That men who are directors in one mining company are members of boards of directors of other railroad and mining companies.
3. Joint resistance of the coal carrying railroads to the individual operators building an independent railroad to carry their product at reasonable rates
4. The community of interest of the coal carrying railroads and their mining companies.
5. Constant acquisition of additional unmined coal by the coal carrying railroads.
This brought Mr. Lloyd up to the point where he wanted to show the exorbitant freight rates charged by the companies and a specific objection was promptly entered by Mr. Wolverton, counsel for the Reading company.
At Judge Gray's suggestion Mr. Lloyd began to present evidence relating to the profits of the coal carrying railroads and the mining companies. He was instantly stopped by Mr. Wolverton and then ensued a long colloquy over the question whether the freight rates and the profits of the two classes of companies could be properly heard by the commission.
Chairman Gray did not think so and former Congressman Brumm, one of the attorneys for the miners, argued that it could; that the coal companies and the railroads were one and the same; that freight rates were much higher for anthracite than for bituminous coal, and that the profits of the coal companies do not show on their books but instead on those of the railroad companies.
During the discussion Chairman Gray made his announcement that the commission was assuming that the operator could pay a fair wage and that if employers cannot pay fair wages they ought to get out of the business.
Mr. Lloyd seemed to be satisfied with this view, and said he would go no further; that the principle thus laid down by the commission would be welcomed by the workingmen of the country and set a precedent. "If that principle is carried out, no employer in the country could, when his profits were low, decrease a workman's wages below the standard of fairness,'' he remarked.
After the witness for the miners testified today Mr. Wolverton will open the operators' side of the case by making an address which contains the views of all the coal companies.
CLOSING THE EVIDENCE
For the Miners in the Anthracite Strike Commission.
Scranton, Pa., Dec. 16.—One more witness will be called by the miners this morning before the anthracite coal strike commission and then former Senator Wolverton will present the side of the respondents in the short address. It is the purpose of the operators to present testimony regarding the independent companies while the commission is sitting here. Justice Gray this morning stated that the commission desired to impress upon the community and the state the testimony of the little silk mill girls yesterday and to see that all laws on the statute books are executed. Justice Gray said the commission had no desire to criticize the laws of the state, but it recommended the passage of laws forbidding the employment of women and children at night. He desired to have the operators present statements of the earnings of the fathers of the silk mill girls. He showed great anger when he learned that the fathers had made anywhere from $900 to nearly $1,100 a year.
John C. Haddock, an independent operator, an owner of the Plymouth Coal company, was the mysterious witness called by Counsel Darrow this morning. He said he had agreed to submit to any award of the commission.
Mr. Haddock expressed the opinion that there was no sign of any decrease in the demand of the coal and that the present price at tide water would probably be maintained.
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| Julia Dent Grant. |
PAGE FOUR—EDITORIAL.
A Noble American Woman.
That type of womanhood which the late Mrs. Grant embodied is not the only useful and noble type, says the New York Mail and Express. But undoubtedly it is the one held in most spontaneous and general admiration. The wife of the great commander of the Union armies won the singularly strong hold she had upon the regard of Americans by what she was rather than by anything she did. The current of her life, save when the career of her husband brought it out into the fierce white noonday of its own extraordinary achievement, ran unobtrusively in the quiet afternoon sunshine of an American home that was happy in an unobtrusive domestic way.
Mrs. Grant was one of those noble women who prove in their own persons the truth of the saying that he that loseth his life shall find it. She sank her personality in her husband's—and she had a husband so worthy of the sacrifice that it ceased to be a sacrifice. The twain were one, and the gratitude of the nation to the man who on the stern anvil of war welded its broken fragments into a unity it had not known before goes out also to the woman who walked by his side as his strength and shield in those moral battles from which comes mastery for battles of any sort. To the dead wife of the greatest of its generals the republic has many reasons to be thankful.
In the serenity with which Mrs. Grant accepted the vicissitudes of her husband's lot, her life illustrated the best traditions of American womanhood, as its incidents illustrate its romantic possibilities. The brilliant and wealthy Southern girl who gave her heart to the modest and portionless lieutenant; who offered no complaint when misfortune drove him to the hardships and toil of a small farm, and whose trust was rewarded by the spectacle of her husband as the general directing the march of irresistible armies, as the president ruling with wisdom and energy, as the guest of the world and again as the indomitable soldier fighting his last and best battle on Mount MacGregor--of what a career was she the proud witness and partner and with what dignity and modesty did she do her part!
There died a good woman and a fine strong woman yesterday. It is well that her ashes shall repose under the same marble temple that rises to the memory of the hero of Vicksburg, Chattanooga and Appomattox.
THE KIEHL CASE.
Examination of Witnesses Continued Today in Preble, N. Y.
WAS KIEHL'S BODY EMBALMED?
Today's Evidence May Solve the Question—Facts Concerning William's Death Described by Witnesses—Mrs. Maude Kiehl to be a Witness at Friday's Session.
After taking the testimony of Mrs. Shearer at the inquest which is being held to determine the cause of death of William Kiehl, the young Preble farmer who died suddenly on Feb. 9 last, the proceedings were adjourned Monday afternoon until today when the inquest was continued at the hotel in Preble.
The facts surrounding the death of William Kiehl were brought out yesterday, and today the evidence in regard to what happened just after his death will be dealt with.
It is claimed by George Fenner, a brother of Mrs. Maude Kiehl, that the undertaker who had charge of the body of William Kiehl embalmed the body. The undertaker and other witnesses will be sworn to show that the body was not embalmed.
After the evidence of seven witnesses is taken in Preble today, an adjournment will be taken until next Friday morning at 10 o'clock at the grand jurors' room of the courthouse. Maude Kiehl is expected to be present at that time as a witness.
The following is a summary of the evidence as given by witnesses Monday afternoon:
Earl Powers.
Earl Powers, a resident of Tully said: "I resided in Preble during the winter of 1902. I knew William Kiehl during his life time. At the time of his death he was residing on the Hiscock farm. My brother and I helped to do the chores, Adam having come after us for that purpose. I was in William's room at different times, and waited upon him. He frequently called for something to drink and I gave him water. He vomited after drinking every time. He complained of soreness in the abdomen. His face was flushed and he was very restless. He did not complain of any pain in his lungs. For about an hour before he died he wanted to be fanned and I remained at his side and fanned him. After his death I got the horse ready and took Dr. Braman back to Homer.
Upon cross-examination witness said: "I remembered Maude Kiehl giving him a drink about 3 o'clock in the afternoon. Also that Maude fanned him about that time. I am unable to describe the comfortable any further than it was wet caused by his vomiting and expectorating. Maude was in the room when he died. She was hysterical and cried. The undertaker did not arrive until the next day. He drove in on the barn floor, and I heard him and went in and helped him. I tied the horse while he covered him with a blanket. 1 did not see him take any bottles with him but I am not willing to swear that he did not. Maude's family were notified [sic] of William's death by telephone. They did not arrive until after the undertaker had taken care of the body. I am positive they did not come until Tuesday.
Albert Powers.
Albert Powers, a resident of Tully, said: "I resided last winter on the G. W. Wilber farm in Preble. I went to the Kiehl house on Saturday afternoon, Feb. 7, at the request of Adam Kiehl. I found him in the room described by my brother. He was partly bolstered up, and was expectorating freely. His eyes were staring and showed the whites of them plainly. I think Maude took me into the room. There was no conversation between Maude and William aside from Williams calling for a drink of milk or water. He was very restless and said he was sore across the abdomen and could bear no pressure there. He said he was thirsty and his mouth very dry. We then went home. The next morning I went there again. I found Maude there with him. He seemed to be weaker and in more pain. Maude gave him some medicine and he vomited in a few minutes. 1 remained there about twenty minutes. Did not hear any conversation between William and Maude aside from William asking Maude once if it was not time for his medicine. I asked Maude if she did not want me to get some woman to help her, and she said she would rather not have me, as they were all strangers around there. There was a good deal of work to be done, so 1 told Maude I would help her. I was there all the afternoon and assisted Maude in the care of William. He wanted to drink very often, and vomited after every drink. Maude took care of the baby that afternoon and did not go into William's room only as he called for her. I was with him about fifteen of twenty minutes before he died. He was vomiting at the time of his death. Maude came into the room just before he died and seemed extremely nervous. She went out and threw herself on the couch, and the doctor left her some medicine. I could not say whether she took it or not. Fred Shearer was also present at the time of William's death, arriving there about half an hour before his death. He did not see the body after death. He did not see Mrs. Kiehl fanning William before his death while he was sick, but he was fanned by witness' brother. He did not hear any conversation between Mrs. Kiehl and other persons relative to William's death.
Fred Shearer.
Fred Shearer, a brother-in-law of William Kiehl, a farmer residing in the town of Cortlandville, testified to having gone to the Kiehl residence the day before William died. William, Adam and Maude were there. Adam and Maude met him. They said William was about the same as the day before. He followed them into the sittingroom, then he went into William's room. William said he was very sick and in much pain. He asked him if he did not know that Mrs. Shearer sent him a hot water bottle, and he answered that he did not. William then asked Maude if she would get this, which she did. She did not give any excuse for not using it before. William's face was drawn as if from pain. He constantly moved his hands, and asked for a drink. Witness put hot cloths on him.
He asked for a drink every fifteen minutes about. Each time he drank he vomited. Maude Kiehl slept on the couch in the sittingroom that night. He went away. but returned Sunday night, half an hour before William died. Maude was holding the little boy when he went in. William was changed. His eyes bulged out, his face was purple and his breathing was hard and labored. He could hardly speak. Witness said, "Will, you are very sick." William attempted to answer. Afterwards witness went back to the bedroom, and William was breathing his last. Maude and witness were alone in the kitchen just before William died, and witness told her that William could live only a little while. She seemed to feel so badly that witness excused himself for breaking the news so suddenly. At his bedside she repeated William's name several times. He led her out of the room. She was moaning and continued this way for fifteen or twenty minutes. Witness thought she was crazy and asked the doctor to leave some medicine for her, which he did. She would not take the medicine. She said it was the baby's medicine. Witness got her to take it by telling her that it would help her. Witness went with the coroner to the Kiehl home, Nov. 16, and examined the bed that William used. He identified the comfortable that Adam Kiehl had carried from witness' home for William to rest upon a day or so before he died. This comfortable was a pieced quilt filled with cotton batting. The comfortable was on top of the mattress, under the sheet. He observed stains on this that were dark colored. This was tied up and sealed by the coroner. Witness had never spoken to Maude Kiehl after William's death about William. Dr. Braman called witness into the room where William was after his death to prove that he died from pneumonia. One of the lungs sounded dull and the other sounded all right. The right lung was the one that sounded dull. He sounded the lungs just below the nipple. Witness was satisfied that he died from pneumonia.
Mrs. Shearer.
Mrs. Shearer, sister of William Kiehl and wife of Fred Shearer, told of sending a piece of a comfortable that was about 4 feet square to William Kiehl, to be used under him. She next saw it Nov. 17, when it was brought to her sealed for identification. It was the one she gave Adam to take to William. She sealed it again and her sister Frances took it to Dr. Santee.
SCIENCE CLUB.
Lecture by Dr. F. J. Cheney on "Memory" Saturday Evening.
A masterly address on the subject of "Memory" was listened to by a very large number of the active and associate members of the [Cortland] Science club last Saturday evening. The handling of the subject gave evidence of careful preparation, wide knowledge and sound grasp of fundamentals.
Memory was defined as that faculty by which we retain, reproduce and recognize past experiences. There are two theories as to its nature, viz., the psychical or sub-conscious theory, and the physical or cell theory. Modern psychology is drifting towards the latter theory, which holds that every idea which enters the mind causes activity in a distinct brain cell, and that an idea can return into consciousness only when that particular cell is stimulated with renewed activity.
Of the two phases of memory, voluntary and involuntary, only the latter was considered. The conditions of memory are attention and association upon one's power of attention and the extent to which this has been cultivated depends, in large measure, [upon] man's usefulness and capacity. The primary laws under which memory works are, first, association by contiguity in time and space; second, correlation. The latter, as involving the thought relations, is the method of the mature and cultivated mind. The secondary laws are repetition, interest, and attention.
The cultivation of memory is possible only in accordance with these laws, and so-called systems for bringing about wonderful results are for the most part a delusion, effective in so far as they are effective simply because they use these laws.
Good memory comes from exercise, just as do other well-developed faculties, and from trusting one's memory. Scrupulous accuracy in reproducing our ideas, both to ourselves in our own thinking and in conveying our impressions to others, is an essential feature in cultivating a trustworthy memory.
The lecture, illustrated by some carefully prepared charts, was enjoyed by all, and was followed by an interesting discussion.
BREVITIES.
—A regular meeting of the N. P. L. will be held this evening at 7:30 o'clock.
—The election of officers of the fire department will be held tomorrow evening at 8 o'clock at Fireman's hall.
—The pupils of Miss Carrie D. Halbert will give a recital in her studio in the Wickwire building at 8 o'clock tomorrow evening.
—The Binghamton board of education has decided to see that the request of the city health officer regarding the vaccinating of children in the public schools is complied with.
—A letter received this morning by the parents of Miss Lucy Isabelle Marsh, who is in Paris, brings to them the assurance that she is enjoying good health and getting on nicely with her studies.—Ithaca Journal.
—The new display advertisements today are—A. S. Burgess. Clothing, page 7; A. Mahan, Pianos, etc., page 7; G. H. Wiltsie, Waists, gloves, etc., page 6; Bingham & Miller, Clothing, page 8; M. W. Giles, Christmas goods, page 7; Perkins & Quick Christmas gifts, page 6; M. A. Case, Dry goods, page 8; Opera House, "The Fatal Wedding," page 5; Baker & Angell, "Sorosis shoes," page 7.
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