Elevation of Labor Record of Theodore Roosevelt (Ftom tfye Congressional Record) Elevation of Labor Record of Theodore Roosevelt (From tfye Speech of Hon. Crazies H. Qrosvenor, in the House of ^Representatives, Match 28, 1904) The Republican party cannot be otherwise than the friend of labor. It has fought for free labor during its entire existence. It freed the slave; it furnished employment for labor; it lifted up the laboring man, and its last splendid achievement was when it transplanted labor from starvation, as it found it in 1897, and made it possible that it should attain the flourishing position it now occupies. But, catering to the taste of people to examine personal records to ascer tain the acts of individuals, I shall furnish here to-day the record of the gentleman who will be the Republican candidate for President. It will furnish good reading for the campaign into which we are so rapidly moving. It will give our Democratic friends food for thought, and it will inspire the toiling man of the country with the pleasant consciousness that the old Republican party, the party of liincoln, of Grant, of McKinley, of Hanna, is offering for the Presidency a man, a worthy successor to them all and who stands invincible in his record of fealty to the best interests of the laboring man of the United States. Labor Record of Theodore Roosevelt. The most vital problem with which this country, and, for that matter, the whole civilized world, has to deal — Said President Roosevelt in his first message to Congress — is the problem which has for one side the betterment of social conditions, moral and physical, in large cities, and for another side the effort to deal with that tangle of far-reaching questions which we group together when we speak of " labor." Epitome of Theodore Roosevelt's Favorable Action on Labor Legislation As Member of Assembly in New York he voted for bills — Abolishing tenement house cigar making in New York City. Restricting child labor in factories and workshops. 3 Regulating the labor hours of minors and women in manufac turing establishments. Safeguarding the lives and limbs of factory operatives. Regulating wage rates of laborers employed by municipalities. Making employees preferred creditors. Providing for building mechanics' liens. Prescribing the lien rights of working women. Protecting mechanics and laborers engaged in sinking oil or gas wells. Abolishing contract child labor in reformatory institutions. Creating a commission to examine into the operation of the con tract system of employing convicts. Establishing the Bureau of Labor Statistics. To promote industrial peace. For a 5-cent fare on the New York City elevated railroad. Incorporating the New York City Free Circulating Library. For free public baths in New York City. As Governor of New York he approved these measures: Creating a Tenement House Commission. Regulating sweat shop labor. Empowering the factory inspector to enforce the scaffolding law. Directing the factory inspector to enforce the act regulating labor hours on railroads. Making the eight-hour and prevailing rate of wages laws effective. Amending the factory act — 1. Protecting employees at work on buildings. 2. Regulating the working time of female employees. 3. Providing that stairways shall be properly lighted. 4. Prohibiting the operation of dangerous machinery by children. 5. Prohibiting women and minors working on polishing or buffing wheels. 6. Providing for seats for waitresses in hotels and restaurants. Shortening the working hours of drug clerks. Increasing the salaries of New York City school teachers. Extending to other engineers the law licensing New York City engineers and making it a misdemeanor for violating the same. Licensing stationary engineers in Buffalo. Providing for the examination and registration of horseshoers in cities. Registration of laborers for municipal employment. Relating to air brakes on freight trains. Providing means for the issuance of quarterly bulletins by the Bureau pf Labor Statistics. In addition to the foregoing, while Governor of New York he rec ommended legislation (which the Legislature failed to pass) in re gard to — Employers' liability. State control of employment offices. State ownership of printing plant. Devising means whereby free mechanics shall not be brought into competition with prison labor. As President of the United States he has signed bills — Renewing the Chinese exclusion act and extending its provisions to the island territory of the United States* Prohibiting the employment of Mongolian labor on irrigation works and providing that eight hours shall constitute a day's labor on such projects. •Abolishing slavery and involuntary servitude in the Philippine Islands, violation of the act being punishable by forfeiture of con tracts and a fine of not less than $10,000. Protecting the lives of employees in coal mines in Territories by regulating the amount of ventilation and providing that entries, &c., shall be kept well dampened with water to cause coal dust, to settle. Exempting from taxation in the District of Columbia household belongings to the value of $1,000, wearing apparel, libraries, school- books, family portraits and heirlooms. Requiring proprietors of employment offices in the District of Columbia to pay a license tax of $10 per year. Creating the Department of Commerce and Labor and making its head a Cabinet officer. Improving the act relating to safety appliances on railways. Increasing the restrictions upon the immigration of cheap foreign labor and prohibiting the landing of alien anarchists. Theodore Roosevelt ever will be remembered as an official whose interest in the weal of the plain people never diminished from the day that he commenced his public career as Member of Assembly of the State of New York up to the present time. The principles of justice that governed his course in advocating the enactment of labor and reform legislation when he took part in the legislative proceedings at Albany in 1882, 1883 and 1884 were unswervingly maintained while he was Governor of New York in 1899 and 1900, and have been con scientiously adhered to during his incumbency as President of the United States. By comparing the first important event connected with his life work with one of more recent date it will be readily observed how unvarying have been his views on matters of moment affecting the general community. 5 As Member of the New York Assembly. New York State has developed an extensive system of labor and reform legislation. The movement that eventually brought about the enactment of these laws commenced in the fore part of the eighties, and Theodore Roosevelt helped to lay its foundation, being among the few eminent publicists who co-operated in that early effort to place upon the statute books the numerous acts that have since proved to be of so much benefit to wage workers. In 1882 he entered public life as Member of Assembly, and he also served in that capacity in 1883 and 1884. A student of economics, he had familiarized himself with the various phases of the labor ques tion, and he was firm in the belief that the abuses which at that time existed in many employments could be eradicated by suitable enact ments. With this end in view, he cast his influence on the sidejsf public spirited citizens and trade unionists who during that period undertook to solve some of the social problems through legislative measures calculated to correct prevalent evils. Sweat shop labor was a subject that received considerable attention in those days, while the restriction of child labor, the regulation of working hours of minors and women, the protection of life and limb, prison labor under the contract system, the better security of mechanics and laborers em ployed in the building industry and the promotion of industrial peace were topics that occasioned serious deliberation on the part of the men who interested themselves in the welfare of the masses. Abolition of Tenement House Cigar Factories. The first important measure in which Assemblyman Roosevelt be came interested was introduced in the Legislature of 1882. Its pur pose was to improve the public health of New York City by prohibit ing the manufacture of cigars or the preparation of tobacco in any form in rooms or apartments of tenement houses. The bill was pre sented at the request of the cigar makers' unions in the State, and was also indorsed by the State Workingmen's Assembly. It was contended by the labor organizations, " first, that these tenement house cigar factories are a public nuisance; second, that they are detrimental to the educational interests of the State ; third, that they are demoralizing in their influence on the community; fourth, that they are an illegitimate interference with a legitimate trade." In the Assembly the bill was referred to the Committee on Cities, which gave a hearing on the subject, and as a result a subcommittee consisting of five Assemblymen, Mr. Roosevelt being among the num ber, was selected to investigate the tenement house cigar factories in New York City. Many of these house shups were found to be in a fiithy and insanitary condition, and this inquiry so thoroughly convinced Theodore Roosevelt that the system was a menace to the public health that he became an enthusiastic supporter of the measure to abolish it. It, however, was held up by the Cities Committee, and, on a motion that that committee be discharged from further consideration of the bill, the same to be placed on general orders, he voted in the affirmative. While the motion was carried, the bill did not pass at the session of 1882, but early in 1883 it was again considered and passed by both houses. Assemblyman Roosevelt spoke and voted in its favor. In his remarks advocating the abolition of the tenement house shop he declared : I have visited these pest holes personally, and I can assure you if smokers could only see how these cigars are made we would not need any legislative action against this system at all. The " Cigar Makers' Official Journal,'' published by the Cigar Makers' International Union, in its issue for February, 1883, printed the following editorial comment under the caption " Condemned by the Legislature " : The representatives of the people, both in the Assembly and in the Senate, have decided by overwhelming majorities that tenement house cigar factories are a public nuisance, dangerous to the sanitary, moral, educational and economic welfare of the Commonwealth. So conclusive were the arguments and evidence brought forward by Assemblymen George Francis Eoesch and Theodore Roosevelt that the opposition was completely routed and defeated. The working classes and cigar makers in particular owe a. debt of gratitude to those Assemblymen and Senators who have successfully fought for a great sanitary reform. Their names will go down to posterity as the friends of labor, as the promoters of a great improvement in the sanitary condition of the working classes. So deeply interested in the matter was Mr. Roosevelt that he in voked the Governor to approve the measure. Referring to the argu ment before that official, the " Cigar Makers' Official Journal " for March, 1883, contained this statement: Tuesday, March 8, was the day which the Governor had assigned for hear ing the arguments of the opponents as well as of the friends of the bill, which aims at the prohibition of the manufacture of cigars in tenement houses used for dwelling purposes. . . . Mr. Theodore Roosevelt, the representative of the brownstone district of New York, was the first speaker in favor of the bill. He said that his district was not influenced by any trades unions. . . . but this bill was an exception to the rule. During the last session of the Legislature he was appointed on a committee to investigate the tenement house cigar factories. At the start he was opposed to the bill, but the investigation convinced him that it was a good one. The houses, with hardly a single exception, were in a most filthy condition. Children were crawling on stripped tobacco. Old men and women were crowded together in small, ill-ventilated rooms. He appealed to the Governor to sign the bill. Tke representatives of the labof organizations, after a. short deliberation, concluded not to speak on the sub ject, inasmuch as the whole ground had beeii ably covered and it was iihwise' to detain the Governor any longer. The bill was signed, but certain parts of the act were declared unconstitutional, and in 1884 a measure intended to meet the ob= jections of the courts was introduced in the Legislature. This was also favored by Mr. Roosevelt. As Qovernor of New York. While Governor of New York, in 1899 and 1900, Theodore Roose velt pursued the same consistent course in regard to the enactment of suitable labor legislation that he so persistently followed during his three years' career as Member of Assembly. Not only did he recommend the passage of new laws in the interest of the mass of the people, but he urged the necessity of amending existent labor statutes so as to make them more efficacious, and suggested the adop tion of improved methods in order to insure their proper enforcement. The development in extent and variety of industries has necessitated legis lation in the interest of labor — He wrote in his annual message to the Legislature of 1899. This legislation is not necessarily against the interest of capital ; on the contrary, if wisely devised, it is for the benefit of both laborers and employ ers. We have very wisely passed many laws for the benefit of labor, in themselves good and for the time being sufficient, but experience has shown that the full benefit of these laws is not obtained, through the lack of proper means of enforcing them and the failure to make any one department re sponsible for their enforcement. In order that the desire of the people, defi nitely expressed in this wholesome legislation, shall be made effective, I rec ommend that the enforcement of the entire body of legislation relating to labor be placed under the Board of Factory Inspectors. This would simplify the whole question of labor legislation and place the responsibility for its en forcement where it properly belongs and would also give the maximum efficiency of service with the minimum cost to the State. With a slight in crease in the general force of factory inspectors this work can be done for the whole State and the object of the legislation be satisfactorily secured to the people. Additional Factory Inspectors Recommended and Provided. Governor Roosevelt thereupon recommended " that the Legislature provide for additional factory inspectors so as to bring the total num ber up to fifty." This suggestion was favorably considered by the Legislature, and the number of deputy factory inspectors was in creased from thirty-six to fifty. 8 Empowering the Factory Inspector to Enforce the Provisions of the Scaffolding Law. In the same message Governor Roosevelt said : Another important statute of this character relates to providing secure scaffolding in the erection of new buildings. The law on this subject is all that could be desired, but its enforcement is left to the city police, and as a matter of fact practically no provision is made for carrying it into effect. In New York City, where this law is most needed, police officers are unac quainted with the character and requirements of the law. Most of them, indeed, are not aware that the enforcement of this law is any part of their duty. This recommendation resulted in the passage of an amendment to Section 19 of the labor law, relating to the inspection of scaffolding, or slings, hangers, blocks, pulleys, stays, braces, ladders, iron, or ropes of any swinging or stationary scaffolding used in the construc tion, alteration, repairing, painting, cleaning or pointing of buildings within the limits of a city, transferring the power of enforcing its provisions from the municipal police authorities to the factory in spector. Directing the Factory Inspector to Enforce the Act Regulating Hours of Labor on Railroads. The message of Governor Roosevelt in 1899 also contained the following suggestion: The law regulating the hours of labor on surface railroads is also an excel lent provision against the tendency to work the men an almost unlimited number of hours. The enforcement of this law is left to the railroad com missioners. As they have no active force to use for such n purpose the law fails by default, except when individual citizens undertake the prosecutions. The employee himself will rarely or never complain for fear of being dis charged. In accordance with this recommendation authority to enforce the sections of the act relative to the hours of labor on steam, street, sur face and elevated railroads was conferred upon the factory inspector. An Eight-Hour Day at Prevailing Rates of Wages. The law requiring an eight-hour day and a prevailing rate of wages for State employees — Said Governor Roosevelt in his 1899 message to the Legislature — is not intrusted to any authority for enforcement. If this law is to remain on the statute books it should be enforced, and therefore the Legislature should make it the particular business of somebody to enforce it. Conformably with the wishes of the executive, the factory inspec tion department was vested with the power to enforce this act, which was further amended so as to provide that — 9 Each contract to which the State or a municipal corporation is a party which may involve the employment of laborers, workmen, or mechanics shall contain a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contractor, shall be per mitted or required to work more than eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property. "Each contract for such public work hereafter made shall contain a provi sion that the same shall be void and of no effect unless the person or corpora tion making or performing the same shall comply with the provisions of this section, and no such person or corporation shall be entitled to receive any sum, nor shall any officer, agent or employee of the State or a municipal cor poration pay the same or authorize its payment from the funds under his charge or control to any such person or corporation for work done upon any contract which in its form or manner of performance violates the provision of this section. Uneconomic, Unwholesome, and Un-American Sweat-Shop System. Governor Roosevelt's opinion concerning the evils of sweat shop labor, that he formed when Member of Assembly as a result of his searching inquiry into the unhealthful tenement house system of man ufacturing cigars, did not undergo a change during the seventeen years that intervened between 1882, when the investigation was made, and 1899. In truth his views on the subject in the latter year, when he urged the Legislature to adopt radical measure to suppress the harmful system, were even more pronounced than those to which he gave utterance while serving as an Assemblyman. Though the Governor's ideas were not embodied in their entirety in the law that ensued, it contained the essential features recom mended by him. Its provisions made it unlawful to manufacture, alter, repair, or finish articles of clothing, feathers, artificial flowers, cigarettes, cigars, or umbrellas in a room or apartment in any tene ment or dwelling house, or in a building situated in the rear of a tenement or dwelling house, without a license from the factory in spection department. Amendments to the Factory Act. The following amendments to the factory act were approved by Governor Roosevelt in 1899 : Protecting employees at work on buildings. — When hoisting appa ratus is used within a building in course of construction, contractors or owners shall cause the shafts or openings in each floor to be in closed by a barrier at least 8 feet in height ; and if a building be five stories or more in height, no lumber nor timber shall be hoisted on the outside of such building. 10 Regulating working time of females. — No female shall be employed in a factory before 6 a.m. and after 9 p.m., nor be required to work more than sixty hours per week. Stairways to be properly lighted. — Stairways leading to work rooms shall be properly lighted, such lights to be independent of the motive power of a factory. Prohibiting the operation of dangerous machinery by children. — Children under 16 years of age shall not be permitted to operate or assist in operating dangerous machines of any kind. Women and male minors not permitted to work on polishing or buffing wheels. — No male child under 18 years of age nor any female shall be employed in operating polishing or buffing wheels. Boiler inspection. — Directing the factory inspector to inspect boil ers in factories in localities where no local laws prevail on the subject. Tenement House Reform. Tenement house conditions in the congested districts of New York City had become so dreadful that Governor Roosevelt felt impelled in 1900 to appeal to the Legislature to take action toward remedying the evil effects of the system and in the interest of the dwellers in the dark and poorly ventilated rooms of these houses, in which the health of the occupants was also menaced by foul cellars, airshafts and courts, arising from the accumulation of filth. He dwelt as fol lows upon the subject in his annual message : I urge that the Legislature give particular attention to the need of reform in the laws governing the tenement houses. The Tenement House Commission of 1894 declared that, in its opinion, the tenement house laws needed to be re vised as often as once in five years, and I am confident that the improvements in building materials and construction of tenements and the advance in sani tary legislation all demand further modification of existing laws. Probably the best course to follow would be to appoint a commission to present a re vised code of tenement house laws. As a consequence of the foregoing recommendation a bill to create a tenement house commission was introduced. The bill passed, and Governor Roosevelt appointed representative citizens on the commission, which included sociologists, philan thropists, architects, builders, real estate owners and agents, a promi nent labor leader in the building trades, and men who had been con nected with the New York City health, building and fire depart ments. The commission's report, which was submitted in 1901, accom panied by a bill proposing important changes in the methods of tene ment house construction, was a valuable document covering all sides of the housing problem. It reported that the worst feature of the New York tenement house was lack of air and light, which was direct- U ly responsible for the undue prevalence of tuberculosis, medical ex perts having testified that the number of deaths from that disease reached 8,000 annually and that one-third of these lives might be saved by providing a type of tenement house with sufficient light and ventilation. Another constant source of danger was the narrow air shaft, which acted as a flue in the spread of tenement house fires and contagious diseases; and as most of the bedroom windows opened upon these air shafts, it was impossible to preserve privacy in a family which occupied rooms opposite those of another family. Professional vice was found to exist in many tenements, being largely due to the irresponsibility of landlords. The findings of the commission impressed practical legislators, who succeeded in having the major part of their recommendations enacted into law. This act provides for the establishment of a tenement house department in New York City, to which shall be submitted all plans for tenement houses, and whose approval must be obtained before such buildings can be occupied after completion, and also requires the appointment of a large corps of inspectors so that existing dwellings may be kept under surveillance. Increasing the Salaries of New York City Public School Teachers. So deep was the interest manifested by the New York City public school teachers in the bill to regulate and increase their salaries that on March 14, 1900, Governor Roosevelt sent to the Legislature a mes sage certifying to the necessity of the immediate passage of the meas ure. It met with the approval of both houses and was signed by the Governor, who filed with the act a memorandum pointing out that — Its general purpose is admirable, and the best educators — the men most in terested in seeing the public schools of the greater New York put upon a thoroughly efficient basis — . . most earnestly favor the measure. The law gave the department of education power to adopt by-laws to establish a uniform schedule of salaries for the teaching staff throughout all the boroughs and prescribed an equal annual incre ment of salary- It provided that a kindergartner or female teacher of a girls' class other than those teaching grades of the last two years in elementary schools shall, after sixteen years of service, receive not less than $1,240 per annum, and that a female teacher of a girls' class of the grades of the last two years shall, after fifteen years of service, receive not less than $1,320 per annum ; that a female teacher of a girls' graduating class, female first assistant, or female vice-principal shall, after ten years of service, receive not less than $1,440 per an num ; that a female teacher of a boys' or mixed class shall receive not less than $60 per annum more than a female teacher of a girls' class 12 of corresponding grade and of years of service, and that a female teacher in elementary schools shall receive not less than $600 per an num, nor shall her annual increment be less than $40 ; that a male teacher of a class of the grades of the last two years shall, after twelve years' service, receive not less than $2,160 per annum ; that a male teacher of a graduating class, male first assistant, or male vice- principal shall, after ten years' service, receive not less than $2,400 per year ; that a male teacher shall receive not less than $900 a year, nor shall his annual increment be less than $105. Municipal Ownership of Rapid Transit Railways. There is now before your body a measure looking toward the securing of rapid transit for the city of New York. I deem it of very great importance that a scheme providing for rapid transit in the city should be passed at the earliest practicable moment. But it is even more important that this scheme should be one which will work for the ultimate benefit of the city. It does not seem to me wise that a franchise of this nature should be given in per petuity. It would, of course,, be best to have it owned by the municipality, although I would point out to the advocates of municipal ownership that It is doubly incumbent upon them to take the most efficient means of rebuking municipal corruption, and of insisting upon a high standard of continuous fidelity to duty among municipal employees. Only if the government of the municipality is honest will it be possible ever to justify fully the working! of municipal ownership. These sentiments were expressed by Governor Roosevelt in a special message to the Legislature, and in 1900 that body passed an amendatory measure, which received the Governor's signature, ex tending the system of municipal construction of rapid transit rail ways to any city of over 1,000,000 inhabitants formed by the consolida tion of one or more cities and other territory. This amended act also made it lawful for the Board of Rapid Transit Railroad Commissioners to locate the route of a railroad by tunnel under any river or waters, thus making possible the present extension of the rapid transit sys tem from the Borough of Manhattan, New York City, under the East River to and through a large part of the Borough of Brooklyn. The project will, when completed, afford considerable relief to people in the latter borough who live long distances from the centers of com merce and industry, carrying them to and from their homes, far re moved from the densely crowded portions of the city, in comfort and in much less time than under the existing inadequate method of con veyance, besides encouraging many who now reside in the congested districts to seek dwelling places in less densely settled sections near the Brooklyn terminal of the new railway. 13 The President and Trades-Unionism. While intelligence and character still count as essential elements of success in individuals, there remains room for associated action in large enterprises where the individual is swallowed up in the multi tude and personal contact of employer and employee is no longer possible. One of 5,000 wage workers employed in a factory could never hope to induce the employers to reduce his hours of work from fourteen or sixteen to ten a day, but if all of the 5,000 workmen unite in such a request they may accomplish their object and effect a change so momentous in the lives of workingmen. The fact is that in large scale production the workman is at a hopeless disadvantage in making an individual bargain with the employer. His only salvation lies in joining his fellow workmen and making a collective bargain with the employer regarding wages and the conditions under which they shall work. In forming a union and choosing their officers and representa tives the workmen are simply following the example of capitalists, who form a corporation and delegate their powers to directors or trustees. The Necessity of Trades Unions. This fact is fully recognized by President Roosevelt in common with the political economists and other leaders of thought at the pres ent time. Thus in his address at Sioux Falls, S. D., April 6, 1903, he declared that " much can be done by organization, combination — union among the wage workers," and went on to explain the change that has come about in modern industry, as follows : The wage workers In our cities, like the capitalists In our cities, face to tally changed conditions. The development of machinery and the extraordi nary changes in business conditions have rendered the employment of cap ital and of persons in large aggregations not merely profitable, but often necessary for success, and have specialized the labor of the wage worker at the same time that they have brought great aggregations of wage workers together. More and more in our great industrial centers men have come to realize that they cannot live as independently of one another as In the old days was the case everywhere and as is now the case in the country districts. Of course, fundamentally, each man will yet find that the chief factor in de termining his success or failure in life is the sum of his own individual quali ties. He cannot afford to lose his individual limitation — his individual will and power, but he can best use that power if for certain objects he unites with his fellows. Similarly, in his first message to Congress, in 1901, the President declared that " very great good has been and will be accomplished by associations of wage workers when managed with forethought, and H when they combine insistence upon their own rights with iaw abiding respect for the rights of others. The display of these qualities in such bodies is a duty to the nation no less than to the associations them selves." Elected to Honorary Membership by the Brotherhood of Loco motive Firemen. In September, 1902, the Brotherhood of Locomotive Firemen, assembled in annual convention at Chattanooga, Tenn., conferred upon President Roosevelt the degree of grand honorary membership, as indicated in the following report of the proceedings : John F. McNorrell, of Columbus, Ohio, one of the grand officers, and a Democratic member of the Legislature, moved that the degree of grand hon orary membership be conferred upon President Roosevelt. The motion was referred to the Committee on Constitution and By-Laws, whose recommenda tion was unanimous that the motion be adopted. The report of the commit tee was adopted by a unanimous rising vote amid great cheers. The President thanked the convention for the compliment paid him, and Grand Master Sargent then gave him a pass which admits him to all meet ings of the Brotherhood. The President, in addressing the convention, declared that " organization Is one of the laws of our social and economic development at this time. I be lieve emphatically in organized labor." Union Labor in Government Work. In his first message to Congress, in 1901, President Roosevelt rec ommended that " provision be made to render the enforcement of the eight-hour law easy and certain," and also that the Government should provide in its contracts that all work for it should be done under " fair " conditions. By this expression it is understood that the President meant that no contract should be given or no contractor employed by the Govern ment who would not agree to pay the union scale of wages ; in other words, no contractor should, in any way, be allowed to obtain a con tract from the Government by lessening the price paid the employees for their labor to a point less than the " fair " or union scale of wages or by working more than the usual number of hours per day which had been fixed for the trade. While thus favoring the union standard of wages and hours in Government work the President recognizes the illegality of any dis crimination for or against members of a union. Thus in the case of William A. Miller, who complained that he was removed from his position of assistant foreman in the Government Printing Office, in violation of the civil service law, because he had been expelled from Local Union No. 4 of the International Brotherhood of Bookbinders, 15 the President ordered Miller's reinstatement and explained the rule governing public employment in the following communication to Sec retary Cortelyou, in whose charge the President placed the investiga tion: Oyster Bat, N. Y., July 13, 1903. My Deae Secretary Cortelyou : In accordance with the letter of the Civil Service Commission of July 6, the Public Printer will reinstate Mr W. A. Miller in his position. Meanwhile I will withhold my final decision of the whole case until I have received the report of the investigation on Miller s second communication, which you notify me has been begun to-day, July 13. On the face of the papers presented, Miller would appear to have been re moved in violation of law. There is no objection to the employees of the Government Printing Office constituting themselves into a union if they so desire, but no rules or resolutions of that union can be permitted to override the laws of the United States, which it is my sworn duty to enforce. Please communicate a copy of this letter to the Public Printer for his in formation and that of his subordinates. Very truly, yours, Theodore Roosevelt. Hon. George B. Cortelyou, Secretary of Commerce and Labor. Oyster Bay, N. Y., July 14, 1903. My Dear Mr. Cortelyou : In connection with my letter of yesterday, I call attention to this judgment and award by the Anthracite Coal Strike Com mission in its report to me of March 18 last : " It is adjudged and awarded that no person shall be refused employment or in any way discriminated against on account of membership or nonmem- bership in any labor organization, and that there shall be no discrimination against or interference with any employee who is not a member of any labor organization by members of such organization." I heartily approve of this award and judgment by the commission ap pointed by me, which itself included a member of a labor union. This com mission was dealing with labor organizations working for private employers. It is, of course, mere elementary decency to require that all the Government Departments shall be handled in accordance with the principle thus clearly and fearlessly enunciated. Please furnish a copy of this letter both to Mr. Palmer and to the Civil Service Commission for their guidance. Sincerely, yours, Theodore Roosevelt. Hon. George B. Cortelyou, Secretary of Commerce and Labor. Mr. Palmer, the Public Printer, on Wednesday, July 16, notified Mr. Miller that he had been reinstated and might report for duty any day. On September 29, 1903, the President gave a hearing to members of the Executive Council of the American Federation of Labor on the subject of pending labor legislation, at which he announced his final decision in the Miller case and at the same time explained his prefer ence for the " union shop " in private employment. The president of the American Federation of Labor in an address, issued on the suc ceeding day, to organized labor of America thus described President Roosevelt's attitude: Replying to statements on the subject, President Roosevelt set forth that in his decision he had nothing in mind but a strict compliance with Federal, Including civil service, law and that he recognized a difference between em ployment by the Government, circumscribed by those laws, and any other form of employment, and that his decision in the Miller case should not be understood to have any other effect or influence than affecting direct em ployment by the Government in accordance therewith. He furthermore 16 ftiade plain that in any form of employment excepting that so circumscribed he believed the full employment of union men was preferable either to non union or open shops. Following is the official account of the hearing : September 29, 1903. r, ^¦Pur.s,uant^t2 the re(luest °t Samuel Gompers, president of the American Federation of Labor, the President granted an interview this evening to the following members of the Executive Council of that body : Mr. Samuel Gom pers, Mr James Duncan, Mr. John Mitchell, Mr. James O'Connell, and Mr. Frank Morrison, at which various subjects of legislation in the interests of !?,•?,?' as.wSi!.„as Executlve action, were discussed. Concerning the case of William A. Miller, the President made the following statement : " I thank you and your committee for your courtesy, and I appreciate the opportunity to meet with you. It will always be a pleasure to see you or any representatives of your organizations or of your federation as a whole. ' As regards the Miller case, I have little to add to what I have already said. In dealing with it I ask you to remember that I am dealing purely with the relation of the Government to its employees. I must govern my action by tho laws of the land, which I am sworn to administer, and which differ entiate any case in which the Government of the United States is a party from all other cases whatsoever. These laws are enacted for the benefit of the whole people, and cannot and must not be construed as permitting dis crimination against some of the people. I am President of all the people of the United States, without regard to creed, color, birthplace, occupation, or social condition. My aim is to do equal and exact justice as among them all. In the employment and dismissal of men in the Government service I can no more recognize the fact that a man does or does not belong to a union, as being for or against him, than I can recognize the fact that he is a Protestant or a Catholic, a Jew or a Gentile, as being for or against him. " In the communications sent me by various labor organizations protest ing against the retention of Miller in the Government Printing Office the grounds alleged are twofold : First, that he is a nonunion man ; second, that he is not personally fit. The question of his personal fitness is one to be set tled in the routine of administrative detail, and cannot be allowed to conflict with or to complicate the larger question of governmental discrimination for or against him or any other man because he is or is not a member of a union. This is the only question now before me for decision, and as to this my decision is final." In the foregoing statement of policy President Roosevelt merely reiterated his well-known conviction that the law must be admin istered with absolutely no discrimination. Thus, in his address at Butte, Mont., May 27, 1903, he declared that— The law is no respecter of persons. The law is to be administered neither for the rich man nor for the poor man as such. It is to be administered for every man, rich or poor, if he is an honest and law abiding citizen, and it is to be invoked against any man, rich or poor, who violates it, without regard to which end of the social scale he may stand, without regard to whether his offense takes the form of greed and cunning or the form of physical violence. In either ease, if he violates the law, the law is to be invoked against him, and in so invoking it I have the right to challenge the support of all good citi zens and to demand the acquiescence of every good man. I hope I shall have it; but. once for all, I wish it understood that even if I did not have it. I would enforce the law anyhow. Cunning as well as Force Must be Shackled. In his recognition of unsocial and illegal action through cunning. President Roosevelt differs from those critics of workingmen who see crime in every act of intimidation or physical violence that occurs in the course of a strike or lockout, but fail to recognize the lawlessness of the men who obtain special privileges from legislatures and munici pal councils or evade the payment of their just taxes. Thus, in an 17 address at the Buffalo Independent Club, May 0, 1899, Governor Roosevelt declared that — The rich man who gets a privilege through the legislature by bribery and corruption for any corporation is committing an offense against the commu nity which it is possible may some day have to be condoned in blood and destruction, not by him, not by his sons, but by you and your sons. And while the lawlessness of greed and cunning may lead to anarchy as surely as lawless physical violence, " it is far more difficult to deal with, but the effort to deal with it must be steadily made,'' as the President said in his Sioux Falls address, April 6, 1903. But while fearlessly pointing out the lawless acts committed by a few rich men &nd by a few poor men, President Roosevelt does not join in the lamentations of those who despair of government by the people. On the contrary, he deprecates the fostering of hostility be tween classes. The President and the Coal Strike of 1902. The appointment of this commission, which resulted in the termi nation of the great coal strike of 1902, is perhaps President Roose velt's most widely known and generally appreciated contribution toward the improvement of industrial relations. When the efforts of all other peacemakers had come to naught and the coal famine re mained unbroken at the near approach of winter, Mr. Roosevelt, as a representative American citizen, pleaded with the operators and min ers to terminate their dispute and resume the mining of coal. Pub lic opinion supported his action so strongly that both sides to the dispute agreed to resume work and leave to a commission to be ap pointed by the President the determination of the conditions of em ployment concerning which they had been unable to agree. The President's commission not only adjusted the dispute in the coal regions, but in so doing formulated principles of very general appli cation to the organization of industry at the present time. The im mediate effect of the commission's appointment was, as the President has himself stated, " of vast and incalculable benefit to the nation, but the ultimate effect will be even better if capitalist, wage worker and lawmaker alike will take to heart and act upon the lessons set forth in the report " of the commission. The coal industry is typical of all the great industries of to-day that are organized on the prin ciple of large scale production, and its treatment of the labor problem is therefore highly illuminative. Origin of the Strike. Under the influence of a vast stream of immigration of Poles, Hun garians and Slavs into the coal regions during the last two or three 18 decades wages had steadily declined. The American miners saw their own standard of living threatened by the lower standards brought from central Europe unless they could induce these newcom ers to unite with them in an effort to put an end to the incessant un derbidding for employment. In 1897 they brought their organization, the United Mine Workers, to such a state of perfection that it domi nated the labor situation in the bituminous regions and met the em ployers' associations on an equality in the annual settlement of the terms of employment. In 1899 the organization spread to the anthra cite regions, and the next year was able to secure a 10 per cent, ad vance in wages, after a comparatively short strike that was supported as heartily by the miners outside the union as by the minority at that time in the union. As a consequence of this triumph a vast majority of the miners joined the organization, which thereupon sought to represent the miners in making terms with the employers' agents at annual con ferences such as were held with the bituminous operators. The denial of this request by the officers of the mining corporations near ly brought on another strike in 1901, and when early in 1902 a similar request, accompanied with a demand for an advance in wages, etc., was once more denied, industrial peace could no longer be preserved. The operators even refused the union's offer to submit its demands to the arbitration of the National Civic Federation or other arbitrators, and a week later a delegate convention of the anthracite mine work ers voted to continue the strike ordered on May 12. In obedience to this decision, says the commission, " nearly the entire body of mine workers, which numbers about 147,000, abandoned their employment and remained idle until the strike was called off by another conven tion,"— that is, until October 23, 1902. Action of the President. With the progress of summer and the failure of all mediatory efforts to adjust the differences between the miners and the operators the scarcity of fuel made itself felt. Many factories that were de pendent upon anthracite had to shut down, throwing large numbers of working people out of employment, and the famine prices at which coal was sold almost prohibited its use for domestic purposes by the poorer families. As cold weather approached the President felt him self virtually compelled to act in order to avert unexampled distress throughout all eastern communities that depended upon anthracite coal for domestic heating purposes. On October 1 he telegraphed an invitation to the presidents of the five coal railroad companies, a prominent individual operator, and the president of the miners' organ- 1? ization to confer with him " in regard to the failure of the coal sup ply, which had become a matter of vital concern to the whole nation." To these seven persons, who met the President at the White House on October 3, Mr. Roosevelt said: I wish to call your attention to the fact that there are three parties affect ed by the situation in the anthracite trade — the operators, the miners, and the general public. I speak for neither the operators nor the miners, but for the general public. The questions at issue which led to the situation affect immediately the parties concerned — the operators and the miners — but the situation itself vitally affects the public. As long as there seemed to be a reasonable hope that these matters could be adjusted between the parties, it did not seem proper to me to intervene in any way. I disclaim any right or duty to intervene in this way upon legal grounds or upon any official rela tion that I bear to the situation, but the urgency and the terrible nature of the catastrophe impending over a large portion of our people "in the shape of a winter fuel famine impel me, after much anxious thought, to believe that my duty requires me to use whatever influence I personally can to bring to an end a situation which has become literally intolerable. I wish to empha size the character of the situation and to say that its gravity is such that I am constrained urgently to insist that each one of you realize the heavy bur den of responsibility upon him. We are upon the threshold of winter, with an already existing coal famine, the future terrors of which we can hardly yet appreciate. The evil possibili ties are so far-reaching, so appalling, that it seems to me that you are not only justified in sinking, but required to sink for the time being, any tenacity as to your respective claims in the matter at issue between you. In my judg ment the situation imperatively requires that you meet upon the common plane of the necessities of the public. With all the earnestness there is in me, I ask that there be an immediate resumption of operations in the coal mines in some such way as will without a day's unnecessary delay meet the crying needs of the people. I do not invite a discussion of your respective claims and positions. I ap peal to your patriotism, to the spirit that sinks personal considerations and makes individual sacrifices for the general good. At the conclusion of the President's remarks Mr. Mitchell replied as follows : Mr. President, I am much impressed with what you say. I am impressed with the gravity of the situation. We feel that we are not responsible for this terrible state of affairs. We are willing to meet the gentlemen repre senting the coal operators to try to adjust our differences among ourselves. If we cannot adjust them that way, Mr. President, we are willing that you shall name a tribunal who shall determine the issues that have resulted in this strike ; and if the gentlemen representing the operators will accept the award or decision of such a tribunal, the miners will willingly accept it, even if it is against their claims. The President : Before considering what ought to be done I think it only juBt to both of you — both sides — and desirable from my standpoint, that you should have time to consider what I have stated as to the reasons for my get ting you together, and I shall trespass so far upon your good nature as to ask that this interview cease now and that you come back at 3 o'clock. I should like you to think over what I have stated, not to decide now, but give it care ful thought, and return at 3 o'clock. The conference then adjourned until 3 o'clock. The President then put an end to the interview and asked both parties to think over what he had stated and return in the after noon. Upon reassembling the operators made long statements of their side of the case ; but in reply to the President's inquiry whether they would accept Mr. Mitchell's proposition they answered " No." In response to a further question from the President they stated that they would have no dealings whatever with Mr. Mitchell looking to- 20 ward a settlement of the question at issue and that they had no other proposition to make, save what was contained in the statement of Mr. Baer, which, in effect, was that if any man chose to resume work and had a difficulty with his employer, both should leave the settlement of the question to the judge of the Court of Common Pleas of the dis trict in which the mine was located. In view of the growing public demand for the resumption of coal mining, however, the operators reconsidered their refusal to arbitrate their dispute with the miners, and a few days later proposed that it be settled by a commission of five, to be appointed by the President, and to be composed of an officer of the. army or navy, an expert min ing engineer, a United States Circuit Court judge '.om Pennsylvania, a sociologist and a man who had been in the coal business. As the last mentioned member would come from the ranks of the employers, the miners naturally demanded a modification of the operators' propo sition, which should allow them a representative on the commission. When the commission was appointed on October 16 it therefore consisted of six members, and by the subsequent addition of the United States Commissioner of Labor its final composition was as follows : Brig.-Gen. John M. Wilson, Edward M. Parker of the United States Geological Survey, Judge George Gray of the United States Circuit Court of the eastern district of Pennsylvania, Bishop John L. Spaulding of the Catholic Church, Thomas H. Watkins, a retired coal operator; Edgar E. Clark, chief of the Order of Railway Con ductors, and Hon. Carroll D. Wright. On October 21 a convention of the miners voted to submit all the questions at issue to this com mission and to resume work on October 23. The presidents of the anthracite coal roads agreed to abide by the decision of the com mission, and in the course of its proceedings the leading independent operators and the nonunion miners also became parties to the arbi tration agreement, so that the board's awards, when announced on March 18, 1903, covered virtually the entire anthracite mining in dustry. The Increase of Wages. The four demands of the miners were for an increase of 20 per cent, in the piece rates paid to contract miners, the rates to be based on weight of the coal instead of the carload, a reduction of 20 per cent, (from ten to eight hours a day) in the hours of labor of work men employed by the day, and the recognition of the union by the establishment of a joint trade agreement between the representatives of employers and employed. The commission compromised on the matter of wages by awarding an increase of 10 per cent., with addi tional increases under a sliding scale system when the market price 21 of coal rose above the existing level ; a reduction in hours from ten to nine; the establishment of a joint board of conciliation, repre senting employers and employed, to decide disputed questions during the life of the award (to March 31, 1906). The advance in wage rates took effect November 1, 1902. Recognition of the Union. Notwithstanding the importance of the wages question, tne really fundamental point at issue was the recognition of the right of col lective bargaining — that is, the right of the workingmen to combine and choose representatives to make an annual bargain or contract with the company officials (the representatives of the stockholders or employers) concerning the conditions of employment, as is the prac tice in the bituminous trade, on the great railway systems, and in large scale manufacturing. While denying in terms the miners' de mand for " the incorporation in an agreement between the United Mine Workers and the anthracite coal companies of the wages which shall be paid and the conditions of employment which shall obtain, together with satisfactory methods for the adjustment of grievances," the commission in effect sustained the miners by upholding the prin ciple of collective bargaining and by establishing a joint board of arbitration, on which the representatives of the employees must in evitably be officers of the union. The commission stated its belief that with certain changes in its constitution the mine workers' organization would merit recognition by the employers. At present the boys in the union constitute about 20 per cent, of the membership, and the presence of this immature element might readily lead to trouble by carrying a vote for a strike when the more conservative and experienced members might be op posed to it. The commission also believes that instead of a majority vote there should be required at least a two-thirds vote of all the delegates in a convention in order to begin a strike. Finally, the commission expresses a hope that — When under the award the parties have faithfully obeyed its terms and thus learned to deal with each other, a trade agreement between operators and an anthracite mine workers' organization may commend itself to both sides. We believe this, especially when it is considered that in other direc tions and in other industries such agreements have been made and adhered to for terms of years, completely avoiding strikes and labor controversies gen erally. Of course here and there in the bituminous regions these agreements may not have worked with perfect satisfaction to both parties, and In some districts they have been abandoned after a brief trial. But, on the whole the experience under them- in this country and in England testifies to their great usefulness in preserving peace and harmony. Meanwhile, during the life of the award, disputes arising between employers and employees are to be adjusted by a permanent joint committee or board of conciliation composed of three representatives 22 of the operators and the same number of representatives of the min ers. When this committee is unable to decide any question sub mitted, such question is to be referred to an umpire appointed by a judge of the United States Circuit Court. As the miners' representa tives in each of the three districts are to be selected by the union whenever its membership comprises a majority of the mine workers in that district, the award is tantamount to the recognition of the union during the three years of its life. The Right to Strike and the Right to Work. Having thus vindicated the principles of unionism, the commission ruled that no operator should discriminate against union men in the matter of employment. It likewise ruled that union men should not discriminate against or interfere with nonunionists, pointing out that such discrimination on the part of either employer or employed con stitutes a serious menace to the discipline of the miner, which, on ac count of the hazardous nature of the work, should be as nearly per fect as possible. The right to strike the commission firmly upholds, but this does not include the right to persecute men who choose to work. The commission censured both operators and miners for the dis order, violence and lawlessness that accompanied the strike and culmi nated in three murders. It deprecated the employment by the min ing companies of coal and iron policemen as militating against the very purpose for which they are employed — that of preserving peace and protecting property. While as a body they were men of good char acter, the commission found that there was a sufficient number of bad characters to discredit the efforts of the whole body. On the other hand, the strikers had permitted intimidation, riot and bloodshed; men who chose to be employed or who remained at work were assailed and threatened, and they and their families terrorized and intimi dated. While "the leaders of the union, and notably its president, condemned all violence and exhorted their followers to sobriety and moderation . . . the subordinate local organizations and their leaders were not so amenable to such counsels as to prevent the re grettable occurrences. It is in the power of a minority of the less responsible men and boys, together with the idle and vicious, unless properly restrained, to destroy the peace and order of any community, and absence of protection and of active resistance on the part of the better element means encouragement and license to this class." The President and Property Rights. President Roosevelt's successful intervention in the coal strike met with the almost unanimous approval of the people, irrespective of 28 their political affiliations. It was not until the commission's award had been made, and thought of the great disturbance nearly banished from the minds of the people, that criticism of his conduct, arising out of the resentment of the coal mine presidents and the desire to make political capital, began to appear, based on the allegation that his interference amounted to a modification of property rights. But the criticism was hushed almost as soon as it appeared by the declaration of Judge Gray, a member of the political party opposed to the Presi dent, that " the President's action, so far from interfering with or infringing upon property rights, tended to conserve them." Judge Cray's Statement: Judge Gray's statement, which appeared in a New York City news paper September 1, 1903, was as follows: I have no hesitation in saying that the President of the United States was confronted in October, 1902,. by the existence of a crisis more grave and threatening than any that had occurred since the Civil War. I mean that the cessation of mining in the anthracite coal country, brought about by the dis pute between the miners and those who controlled the greatest natural monopoly in this country and perhaps in the world, had brought upon more than one-half of the American people a condition of deprivation of one of the necessaries of life, and the probable continuance of the dispute threatened not only the comfort and health, but the safety and good order of the nation. He was without legal or constitutional power to interfere, but his position as President of the United States gave him an influence, a leadership, as first citizen of the Republic, that enabled him to appeal to the patriotism and good sense of the parties to the controversy and to place upon them the moral coercion of public opinion to agree to an arbitrament of the strike then existing and threatening consequences so direful to the whole country. He acted promptly and courageously, and in so doing averted the dangers to which I have alluded. So far from interfering or infringing upon property rights, the President's action tended to conserve them. The peculiar situation as regards the an thracite coal interest was that they controlled a natural monopoly of a prod uct necessary to the comfort and to the very life of a large portion of the people. A prolonged deprivation of the enjoyment of this necessary of life would have tended to precipitate an attack upon these property rights of which you speak, for, after all, it is vain to deny that this property, so pecul iar in Its conditions, and which is properly spoken of as " a natural monop oly," is affected with a public interest. I do not think that any President ever acted more wisely, courageously or promptly in a national crisis. Mr. Roosevelt deserves unstinted praise for what he did. YALE UNIVERSITY LIBRARY 3 9002 08561 2068