[39] Toledo, etc. Co. _v._ Penn. Co., 54 Fed. 730 (1893).

[40] Farmers' Loan and Trust Co. _v._ N.P.R. Co., 60 Fed. 803 (1895).

[41] 64 Fed. 310 (1894).

[42] In re Debs, 158 U.S. 564 (1894).

[43] In re Lennon, 166 U.S. 548 (1897).

PART II

THE LARGER CAREER OF UNIONISM

CHAPTER 8

PARTIAL RECOGNITION AND NEW DIFFICULTIES, 1898-1914

When, in 1898, industrial prosperity returned, there came with it a rapid expansion of labor organization. At no time in its history, prior to the World War, not excepting the Great Upheaval in the eighties, did labor organizations make such important gains as during the following five years. True, in none of these years did the labor movement add over half a million members as in the memorable year of 1886; nevertheless, from the standpoint of permanence, the upheaval during the eighties can scarcely be cla.s.sed with the one which began in the late nineties.

During 1898 the membership of the American Federation of Labor remained practically stationary, but during 1899 it increased by about 70,000 (to about 350,000); in 1900, it increased by 200,000; in 1901, by 240,000; in 1902, by 237,000; in 1903, by 441,000; in 1904, by 210,000, bringing the total to 1,676,000. In 1905 a backward tide set in; and the membership decreased by nearly 200,000 during that year. It remained practically stationary until 1910, when the upward movement was resumed, finally bringing the membership to near the two million mark, to 1,996,000, in 1913. If we include organizations unaffiliated with the Federation, among them the bricklayers[44] and the four railway brotherhoods, with about 700,000 members, the union membership for 1913 will be brought near a total of 2,700,000.

A better index of progress is the proportion of organized workers to organizable workers. Two such estimates have been made. Professor George E. Barnett figures the organizable workers in 1900 at 21,837,000; in 1910 at 30,267,000. On this basis wage earners were 3.5 percent organized in 1900 and 7 percent in 1910.[45] Leo Wolman submits more detailed figures for 1910. Excluding employers, the salaried group, agricultural and clerical workers, persons engaged in personal or domestic service, and those below twenty years of age (unorganizable workers), the organizable total was 11,490,944. With an estimated trade union strength of 2,116,317 for 1910 the percentage of the organized was 18.4.[46] Excluding only employers and salaried persons, his percentage was 7.7, which compares closely with Professor Barnett's.

Of greater significance are Wolman's figures for organization by industries. These computations show that in 1910 the breweries had 88.8 percent, organized, printing and book binding 34.3 percent, mining 30.5 percent, transportation 17.3 percent, clothing 16.9 percent, building trades 16.2 percent, iron and steel 9.9 percent, metal 4.7 percent, and textile 3.7 percent.[47] By separate occupations, railway conductors, brakemen, and locomotive engineers were from 50-100 percent organized; printers, locomotive firemen, molders and plasterers, from 30-50 percent; bakers, carpenters, plumbers, from 15-30 percent organized.[48]

Accompanying the numerical growth of labor organizations was an extension of organization into heretofore untouched trades as well as a branching out into new geographical regions, the South and the West. On the whole, however, though the Federation was not unmindful of the unskilled, still, during the fifteen years after 1898 it brought into its fold princ.i.p.ally the upper strata of semi-skilled labor. Down to the "boom" period brought on by the World War, the Federation did not comprise to any great extent either the totally unskilled, or the partially skilled foreign-speaking workmen, with the exception of the miners and the clothing workers. In other words, those below the level of the skilled trades, which did gain admittance, were princ.i.p.ally the same elements which had a.s.serted their claim to organization during the stormy period of the Knights of Labor.[49] The new accretions to the American wage-earning cla.s.s since the eighties, the East and South Europeans, on the one hand, and the ever-growing contingent of "floaters" of native and North and West European stock, on the other hand, were still largely outside the organization.

The years of prosperity brought an intensified activity of the trade unions on a scale hitherto unknown. Wages were raised and hours reduced all along the line. The new strength of the trade unions received a brilliant test during the hard times following the financial panic of October 1907, when they successfully fought wage reductions. As good a test is found in the conquest of the shorter day. By 1900 the eight-hour day was the rule in the building trades, in granite cutting and in bituminous coal mining. The most spectacular and costly eight-hour fight was waged by the printers. In the later eighties and early nineties, the Typographical Union had endeavored to establish a nine-hour day in the printing offices. This was given a setback by the introduction of the linotype machine during the period of depression, 1893-1897. In spite of this obstacle, however, the Typographical Union held its ground.

Adopting the policy that only journeymen printers must operate the linotype machines, the union was able to meet the situation. And, furthermore, in 1898, through agreement with the United Typothetae of America, the national a.s.sociation of employers in book and job printing, the union was able to gain the nine-hour day in substantially all book and job offices. In 1903 the union demanded the eight-hour day in all printing offices to become effective January 1, 1906. To gain an advantage over the union, the United Typothetae, late in the summer of 1905, locked out all its union men. This at once precipitated a strike for the eight-hour day. The American Federation of Labor levied a special a.s.sessment on all its members in aid of the strikers. By 1907 the Typographical Union won its demand all along the line, although at a tremendous cost of money running into several million dollars, and in 1909 the United Typothetae formally conceded the eight-hour day.

Another proof of trade union progress is found in the spread of trade agreements. The idea of a joint partnership of organized labor and organized capital in the management of industry, which, ever since the fifties, had been struggling for acceptance, finally showed definite signs of coming to be materialized.

(1) _The Miners_

In no other industry has a union's struggle for "recognition" offered a richer and more instructive picture of the birth of the new order with its difficulties as well as its promises than in coal mining. Faced in the anthracite field[50] by a small and well knitted group of employers, generally considered a "trust," and by a no less difficult situation in bituminous mining due to cut-throat compet.i.tion among the mine operators, the United Mine Workers have succeeded in a s.p.a.ce of fifteen years in unionizing the one as well as the other; while at the same time successfully and progressively solving the gigantic internal problem of welding a polyglot ma.s.s of workers into a well disciplined and obedient army.

The miners' union attained its first successes in the so-called central bituminous compet.i.tive field, including Western Pennsylvania, West Virginia, Ohio, Indiana, Michigan, and Illinois. In this field a beginning had been made in 1886 when the coal operators and the union entered into a collective agreement. However, its scope was practically confined to Ohio and even that limited agreement went under in 1890.[51]

With the breakdown of this agreement, the membership dwindled so that by the time of a general strike in 1894, the total paid-up membership was barely 13,000. This strike was undertaken to restore the wage-scale of 1893, but during the ensuing years of depression wages were cut still further.[52]

The turn came as suddenly as it was spectacular. In 1897, with a membership which had dropped to 10,000 and of which 7000 were in Ohio and with an empty treasury, the United Mine Workers called a general strike trusting to a rising market and to an awakened spirit of solidarity in the majority of the unorganized after four years of unemployment and distress. In fact the leaders had not miscalculated.

One hundred thousand or more coal miners obeyed the order to go on a strike. In Illinois the union had but a handful of members when the strike started, but the miners struck to a man. The tie-up was practically complete except in West Virginia. That State had early become recognized as the weakest spot in the miners' union's armor.

Notwithstanding the American Federation of Labor threw almost its entire force of organizers into that limited area, which was then only beginning to a.s.sume its present day importance in the coal mining industry, barely one-third of the miners were induced to strike. A contributing factor was a more energetic interference from the courts than in other States. All marching upon the highways and all a.s.semblages of the strikers in large gatherings were forbidden by injunctions. On one occasion more than a score of men were sentenced to jail for contempt of court by Federal Judge Goff. The handicap in West Virginia was offset by sympathy and aid from other quarters. Many unions throughout the country and even the general public sent the striking miners financial aid. In Illinois Governor John R. Tanner refused the requests for militia made by several sheriffs.

The general strike of 1897 ended in the central compet.i.tive field after a twelve-weeks' struggle. The settlement was an unqualified victory for the union. It conceded the miners a 20 percent increase in wages, the establishment of the eight-hour day, the abolition of company stores, semi-monthly payments, and a restoration of the system of fixing Interstate wage rates in annual joint conferences with the operators, which meant official recognition of the United Mine Workers. The operators in West Virginia, however, refused to come in.

The first of these Interstate conferences was held in January, 1898, at which the miners were conceded a further increase in wages. In addition, the agreement, which was to run for two years, established for Illinois the run-of-mine[53] system of payment, while the size of the screens of other states was regulated; and it also conceded the miners the check-off system[54] in every district, save that of Western Pennsylvania.[55] Such a comprehensive victory would not have been possible had it not been for the upward trend which coal prices had taken.

But great as was the union's newly discovered power, it was spread most unevenly over the central compet.i.tive field. Its firmest grip was in Illinois. The well-filled treasury of the Illinois district has many times been called upon for large contributions or loans, to enable the union to establish itself in some other field. The weakest hold of the United Mine Workers has been in West Virginia. At the end of the general strike of 1897, the West Virginia membership was only about 4000.

Moreover, a further spread of the organization met with unusual obstacles. A large percentage of the miners of West Virginia are Negroes or white mountaineers. These have proven more difficult to organize than recent Southern and Eastern European immigrants, who formed the majority in the other districts. And yet West Virginia as a growing mining state soon a.s.sumed a high strategic importance. A lower wage scale, the better quality of its coal, and a comparative freedom from strikes have made West Virginia a formidable compet.i.tor of the other districts in the central compet.i.tive field. Consequently West Virginia operators have been able to operate their mines more days during the year than elsewhere; and despite the lower rates per ton, the West Virginia miners have earned but little less annually than union miners in other States.

But above all the United Mine Workers have been handicapped in West Virginia as nowhere else by court interference in strikes and in campaigns of organization. In 1907 a temporary injunction was granted at the behest of the Hitchman Coal and c.o.ke Company, a West Virginia concern, restraining union organizers from attempting to organize employes who signed agreements not to join the United Mine Workers while in the employ of the company. The injunction was made permanent in 1913.

The decree of the District Court was reversed by the Circuit Court of Appeals in 1914, but was sustained by the United States Supreme Court in March 1917.[56] Recently the United States Steel Corporation became a dominant factor in West Virginia through its ownership of mines and lent additional strength to the already strong anti-union determination of the employers.

Very early the United Mine Workers established a reputation for strict adherence to agreements made. This faithfulness to a pledged word, which justified itself even from the standpoint of selfish motive, in as much as it gained for the union public sympathy, was urged upon all occasions by John Mitch.e.l.l, the national President of the Union. The first test came in 1899, when coal prices soared up rapidly after the joint conference had adjourned. Although they might have won higher wages had they struck, the miners observed their contracts. A more severe test came in 1902 during the great anthracite strike.[57] A special union convention was then held to consider whether the bituminous miners should be called out in sympathy with the hard pressed striking miners in the anthracite field. By a large majority, however, the convention voted not to strike in violation of the agreements made with the operators. The union again gave proof of statesmanly self-control when, in 1904, taking into account the depressed condition of industry, it accepted without a strike a reduction in wages in the central compet.i.tive field. However, as against the miners' conduct in these situations must be reckoned the many local strikes or "stoppages" in violation of agreements. The difficulty was that the machinery for the adjustment of local grievances was too c.u.mbersome.

In 1906 the trade agreement system encountered a new difficulty in the friction which developed between the operators of the several compet.i.tive districts. On the surface, the source of the friction was the attempt made by the Ohio and Illinois operators to organize a national coal operators' a.s.sociation to take the place of the several autonomous district organizations. The Pittsburgh operators, however, objected. They preferred the existing system of agreements under which each district organization possessed a veto power, since then they could keep the advantage over their compet.i.tors in Ohio and Indiana with which they had started under the original agreement of 1898. The miners in this emergency threw their power against the national operators'

a.s.sociation. A suspension throughout most districts of the central compet.i.tive field followed. In the end, the miners won an increase in wages, but the Interstate agreement system was suspended, giving place to separate agreements for each district.

In 1908 the situation of 1906 was repeated. This time the Illinois operators refused to attend the Interstate conference on the ground that the Interstate agreement severely handicapped Illinois. As said before, ever since 1897 payment in Illinois has been upon the run-of-mine basis; whereas in all other States of the central compet.i.tive field the miners were paid for screened coal only. With the operators of each State having one vote in the joint conference, it can be understood why the handicap against Illinois continued. Theoretically, of course, the Illinois operators might have voted against the acceptance of any agreement which gave an advantage to other States; however, against this weighed the fact that the union was strongest in Illinois. The Illinois operators, hence, preferred to deal separately with the United Mine Workers. Accordingly, an Interstate agreement was drawn up, applying only to Indiana, Ohio, and Pennsylvania.

In 1910, the Illinois operators again refused to enter the Interstate conference, but this time the United Mine Workers insisted upon a return to the Interstate agreement system of 1898. On April 1, 1910, operations were suspended throughout the central compet.i.tive field. By July agreements had been secured in every State save Illinois, the latter State holding out until September. This long struggle in Illinois was the first real test of strength between the operators and the miners since 1897. The miners' victory made it inevitable that the Illinois operators should eventually reenter the Interstate conference.

In 1912, after repeated conferences, the net result was the restoration of the Interstate agreement as it existed before 1906. The special burden of which the Illinois operators had been complaining was not removed; yet they were compelled by the union to remain a party to the Interstate agreement. The union justified its special treatment of the operators in Illinois on the ground that the run-of-mine rates were 40 percent below the screened coal rates, thus compensating them amply for the "slack" for which they had to pay under this system. The Federal report on "Restriction of Output" of 1904 substantiated the union's contention. Ultimately, the United Mine Workers unquestionably hoped to establish the run-of-mine system throughout the central compet.i.tive field.

The union, incidentally to its policy of protecting the miners, has considerably affected the market or business structure of the industry.

An outstanding policy of the union has been to equalize compet.i.tive costs over the entire area of a market by means of a system of grading tonnage rates paid to the miner, whereby compet.i.tive advantages of location, thickness of vein, and the like were absorbed in higher labor costs. This doubtless tended to eliminate cut-throat compet.i.tion and thus stabilize the industry. On the other hand, it may have hindered the process of elimination of unprofitable mines, and therefore may be in some measure responsible for the present-day overdevelopment in the bituminous mining industry, which results in periodic unemployment and in idle mines.

In the anthracite coal field in Eastern Pennsylvania the difficulties met by the United Mine Workers were at first far greater than in the bituminous branch of the industry. First, the working population was nearly all foreign-speaking, and the union thus lacked the fulcrum which it found in Illinois with its large proportion of English-speaking miners accustomed to organization and to carrying on a common purpose.

Secondly, the employers, instead of being numerous and united only for joint dealing with labor, as in bituminous mining, were few in number besides being cemented together by a common selling policy on top of a common labor policy. In consequence, the union encountered a stone wall of opposition, which its loose ranks found for many years well-nigh impossible to overcome.

During the general strike of 1897 the United Mine Workers made a beginning in organizing the anthracite miners. In September 1900, they called a general strike. Although at that time the union had only 8000 members in this region, the strike order was obeyed by over 100,000 miners; and within a few weeks the strike became truly general. Probably the union could not have won if it had to rely solely on economic strength. However, the impending Presidential election led to an interference by Senator Mark Hanna, President McKinley's campaign manager. Through him President John Mitch.e.l.l of the United Mine Workers was informed that the operators would abolish the objectionable sliding scale system of wage payments, increase rates 10 percent and agree to meet committees of their employes for the adjustment of grievances.

This, however, did not carry a formal recognition of the union; it was not a trade agreement but merely an unwritten understanding. A part of the same understanding was that the terms which had been agreed upon should remain in force until April, 1901. At its expiration the identical terms were renewed for another year, while the negotiations bore the same informal character.

During 1902 the essential instability of the arrangement led to sharp friction. The miners claimed that many operators violated the unwritten agreement. The operators, on their part, charged that the union was using every means for practically enforcing the closed shop, which was not granted in the understanding. In the early months of 1902 the miners presented demands for a reduction of the hours of labor from 10 to 9, for a twenty percent increase in wages, for payment according to the weight of coal mined, and for the recognition of the union. The operators refused to negotiate, and on May 9 the famous anthracite strike of 1902 began.

It is unnecessary to detail the events of the anthracite strike. No other strike is better known and remembered. More than 150,000 miners stood out for approximately five months. The strike was financed by a levy of one dollar per week upon all employed miners in the country, which yielded over $2,000,000. In addition several hundred thousand dollars came in from other trade unions and from the public generally.

In October, when the country was facing a most serious coal famine, President Roosevelt took a hand. He called in the presidents of the anthracite railroads and the leading union officials for a conference in the White House and urged arbitration. At first he met with rebuff from the operators, but shortly afterward, with the aid of friendly pressure from New York financiers, the operators consented to accept the award of a commission to be appointed by himself. This was the well-known Anthracite Coal Strike Commission. Its appointment terminated the strike. Not until more than a half year later, however, was the award of the Commission made. It conceded the miners a 10 percent increase in wages, the eight and nine-hour day, and the privilege of having a union check-weighman at the scale where the coal sent up in cars by the miners is weighed. Recognition was not accorded the union, except that it was required to bear one-half of the expense connected with the maintenance of a joint arbitration board created by the Commission. When this award was announced there was much dissatisfaction with it among the miners.

President Mitch.e.l.l, however, put forth every effort to have the union accept the award. Upon a referendum vote the miners accepted his view.

The anthracite coal strike of 1902 was doubtless the most important single event in the history of American trade unionism until that time and has since scarcely been surpa.s.sed. To be sure, events like the great railway strike of 1877 and the Chicago Anarchist bomb and trial in 1886-1887 had equally forced the labor question into public attention.

What distinguished the anthracite coal strike, however, was that for the first time a labor organization tied up for months a strategic industry and caused wide suffering and discomfort to the public without being condemned as a revolutionary menace to the existing social order calling for suppression by the government; it was, on the contrary, adjudged a force within the preserves of orderly society and ent.i.tled to public sympathy. The public identified the anthracite employers with the trust movement, which was then new and seemingly bent upon uprooting the traditional free American social order; by contrast, the striking miners appeared almost as champions of Old America. A strong contributory factor was the clumsy tactics of the employers who played into the hands of the leaders of the miners. The latter, especially John Mitch.e.l.l, conducted their case with great skill.

Yet the award of the Commission fell considerably short of what the union and its sympathizers outside the ranks of labor hoped for. For by refusing to grant formal recognition, the Commission failed to const.i.tute unionism into a publicly recognized agency in the management of industry and declared by implication that the role of unionism ended with a presentation of grievances and complaints.

For ten years after the strike of 1902 the union failed to develop the strength in the anthracite field which many believed would follow.

Certain proof of the weakness of the union is furnished by the fact that the wage-scale in that field remained stationary until 1912 despite a rising cost of living. The wages of the anthracite miners in 1912 were slightly higher than in 1902, because coal prices had increased and the Anthracite Coal Strike Commission had reestablished a sliding scale system of tonnage rates.

A great weakness, while the union still struggled for existence, was the lack of the "check-off." Membership would swell immediately before the expiration of the agreement but diminish with restoration of quiet. With no immediate outlook for a strike the Slav and Italian miners refused to pay union dues. The original award was to be in force until April 1, 1906. In June, 1905, the union membership was less than 39,000. But by April 1, 1906, one-half of the miners were in the union. A month's suspension of operations followed. Early in May the union and the operators reached an agreement to leave the award of the Anthracite Coal Strike Commission in force for another three years.

The following three years brought a duplication of the developments of 1903-1906. Again membership fell off only to return in the spring of 1909. Again the union demanded formal recognition, and again it was refused. Again the original award was extended for three more years.