Transcript of Record — Tennessee Coal, Iron & Railroad v. Muscoda Local No. 123

Supreme Court brief1944

Ask Donna

What actually matters in this document.

Text

te TRANSCRIPT: OF RECORD -

| Supreme Court of the United States

OCTOBER TERM, 1943

/- ep : ‘ -No.-409

TENNESSEE COAL, IRON & RAILROAD COMPANY,

SLOSS-SH EEFIELD STEEL & TRON -COMPANY

AND REPUBLIC STEEL CORPOR ATION, PETL-

TIONBRS, .

: ws,

MUSCODA LOCAL No. 123, ETC. ET AL.

ON WRIE OF: ¢ ERTIORARI TO THE ( NITED STATES C&RCUIT COURT

OF APPEALS FOR THE -FIFTH cimeur

| PETITION FOR CERTIORARI FILED OCTOBER 4, 1913. |

CERTIORALL GRANTED NOVEMBER ‘15, 1943.

H venhaal iNT My

. a

- wa igi ted ae a eo sonia

oe : ia +

VOLUME V.

—

ty .

TRANSCRIPT ‘OF RECORD

UNITED. "STATE

- CIRCUI T COURT OF APPEALS

RP TH CIREUTT,

“} ite ane

=. | ie. LO27S.

TENNESSER COAL. HON A RAILROAD COMPANY,

Appeilant.

'- Verses

MUSCODA LOCATwo 128, ETC. BT AL.

. Appellees,

ALOSS-SHEFFIELD STEEL. & IRON C OMP. ANY.

fi ; , ee Nant.

Versus) ©

SLOSS RED ORE LOCAL No. leo PTC. ET AL.

os Appetlees.. -

REPUBLIC STEEL CORPOR VETON,

4 ~ Appellant,

2° Versus

-RAIMUND LOCAL? No. J2b, ETC. ET ALS

. ; a — arcopatiaar

\Vppeals front the Distriey Court of, the Unites dh States for

the Nerthern District of Alahbania

ORIGINAL RECORD RECEIVED APR ta),

3077

Cress Examination.’

. (By Mr. Burr):

Q. Louis, wheri did digo first mining experience. begin, j

- about. when?

A. My first mining experience began in 1918.

- Q. Was that with the Republic Company?

A. The Republic:Company. — ° |

Q. Your whole experience has been with. the Republic

ee Company?

A. No, sir. I have worked briefly for the Woodward

_ Iron Company and about seven years for the Sloss- Shef-

field at Sloss Ore Mine. _. :

Q. Has all that experience been in the ore mines?-

A. .With the exception of a. brief, period in 1921 I

. worked for the Empire.Coal Company at Hull.

- Q. .With the exception of that'time your experience has

‘en in the ore mines on | Red Mountain? |. é

A. Yes, sir. ,

Q. And mostly. with: ie Republic. Conan? she

A, ‘And mostly .with the Republic Company. ead

Q. , And you Have been with the Republic Company this

last tirne continually how long?

7A. I have been ‘continuousty with the Republic Com:

‘ pany about the last twelve years.

Q. And ‘before that you worked with. ‘the Republic

-Company off and on?

A. Yes, sir.

* Q. And before that was’ most of your time on. the

- Republic Company? ~

- A: I started as a kid with thé Republic iia in.

1918, and 1 worked a while:and they shut down and I went:

to Sloss and _ came back to Raimund and worked un-

til now.

Q. When you worked at Sloss, where did you work?

A worked in Number 2 mine.

Mr. Burr: )

Let me have Exhibit 23 you introduced there.

i. ‘This rule’ book here, Louis, Mr. Harris showed you.

. bears the date of November 1, 1935. Do you know wheth-. -

_ er or not it-has been revised several: times since then, or

. more than once since then, or any time at all? .

A. No, sir, I couldn't definitely say. I know we have

' added some ‘rules since that time. I don’t know whether

they havé been. printed or not.

Q. ¥ou don’t know whether this 1 is the tule book _ poe

. force in 1940 or not?

A. No, sir, I couldn't: say. Aree

” ..Q. “Or 1939 or. 1938? }

A. It looks like the ‘one.

Q. The back of it, you . mean? .

' A. PY¢€s, sir. “ :

Q. Have you read this all oe way through? Sahih nie Sagas

es Not all the way through. ae

Q. Have you read it at all? ©

A. Not this particular one. ;

Q. Have you had this particular one? .

A. I don’t know— ;

' Q.- Where is your book?

A. I don't know where it is. an ’

- Q. This isn’t your book?

' A... I don’t know. 7

.Q. . Have you given 7 Harris Ste - book? j

. A. No, sir.

Q. Did you:give any a your book?

A. 1 think I gave Mr.. Lipscomb my ‘book.

Q. When did you give it, to hin-.

_ Mr. Harris: , ee

We object to that. iG gee

——Mr Burr: - ee fale chee : CE

oe am trying ing to find out whether it is s the ight book.

a ae

The Court: ; a

_ Has it got— ot Pater Pisce é - ?

Mr. Burr: |

a know. this ee not the right book. The book bins been

revised. Ne ee

a. Harris: . - tne oe PEN

Give them to us. We will, be glad to -have them.

Mr. Burr:

You haven't

insked for them:

“The Court: re

He testified on direct examination that. was the only one -*

he knew about. =.

Mr. Harris: ene fates dear ;

All we want is the book.’ If_he will give. us the latest

-one— Pee Berets aes eer a raed

Mr. Burr: | Se ee yee eee |

I never have failed to give you anything yet you asked i as

for.

Mr. Harris: / ee :

I haven't ra) tered it in: iti:

” / ‘ o Jee se : : “i j

: Mr: Burr:’ Lion SOP a ey ae elem

You haven't, offered it?

Mr. Harris: :

‘No. I merely put it in for identification’ because I wasn -

sure it ‘was the last book. |

. Mr. ‘Burr ‘he

— Well, I didn't ‘aa that. ‘If I had. known hat could

hove saved all this examination.

“ io. @~"

’ j -

‘ 7 : cas

> . » 7 ‘ p .

a . is . a

. . t, ;

bad , . » ’ .

° . Jr ° - ¢

. ¥ o .

. . «

_ 3080

Q. Louis, you were a driller—you were in: charge. of

how ‘many muckers, did you say? -

A. Well, I am charge directly of two muckers on the.

day shift. However, there are three muckers wets in my

place, at night,

When do you shoot, in the afternoon? as

Yes, sir, in the afternoon. .

At what time? : Fy ey

Now? ; .

No, before May’ 1, 1941?

Three o’ clock.

You shoot at three o’clock?

Yes, sir. -

_ Then do you go off at three o'clock?

Yes,’ sir.

Was that the end of your ‘shift?

Yes, sir.

Then the muckers that came on after you: loaded

ring the night what you had ‘shot? .

Yes, sir. ~,

Q. Then you and two ‘other muckore went ‘back the

next morning and. you.drilled and they loaded?

dur

>5 ee

A. Yes, sir.

Q.. That is the way it was. done?

A.: Yes, sir. — hot is

G Now, is that the same practice that you “have been

bngaged ir in during the two vears before May 1, tee

A. Yes, sir. |

wy. Now, is that the same practive that vou have been

engaged in during the two years before May 1 . 1941?

Yes, sir. )

.¢ Q. Ina “general way have you been doing it om ‘on same

.* wave uver since-you-have. been working there?

A. Yes, sir, |

Q. Substantially the same? | \

A. . Yes, sir, substantially the same.

3081-

Q. You have been ridirig the same sort of skip and de- -

positing your check in the same way and walking to your’ —

working place in the -= way and doing your work in the *

. Same way? :

A. Practically the same. é

-Q. -And getting paid in the same way? ?

A. I suppose so.

Q. Now, these divisions or parts there ‘that Mr. Harris

refers to as the bull pen, thére is one on top, isn’t there.

or near the top? -

A. Yes, sir.

‘Q. That is where the men go. in just ‘before they: take

the cage, before they*take the man trip? haat

.A. Yes, sir.

Q. That pretects you 1 from the weather?

A. Yes, sir, it protects you from the weather. |

Q.- That place is just like. this_room—I know it is not

as pretty: and hasn’ t got these wells, but it has a gate there?

A. Yes, sir. 5 ae

Q.° And what you mean by Mr. Harris* question ‘of

counting .out, they will let the number in that it will take

to load the’ drag; the mine foreman_or assistant mine fore-

‘man counts the ‘men as they come in to see there are not

- too many to go on the drag; is that what you mean?

A. Well, they will let as many.come in as wants to.

~ come in, but. letting them out—

Q. - “That is what I mean, where he lets them out to get.

- on the. skip,

. A. Yes,-sir.

'-Q. That is where he does the counting?

‘. A. “Tea, aie. . de

Q. How many does he let on a skip?

A. Usually thirty or thirty-one or two. -

Q. And when-he gets over that he holds up his hand

= stops the others from: coming in, or he may say, “We

ave got a load”? :

1A. Yes, sir.

-~ nine at night?

That is the counting _ is done?”

Yes,— :

Just counting numbers?

Yes, sir, sure. ‘

When you deposit your: check there it is hung up

on a nail tp indicate where your working place is? Th

A. Yes, sir.: ;

~Q. And vou get-your lamp at a point nearby, I believe

vou said? J

A ee ee eed -,

Q. It takes just a fraction of a minute to do those two

things, doesn't it, Louis? “8

_ A. Yes, sir, takes a little while.

Q. Just a very short while?

A. Yes, sir. -

Q: “Now, on this, tonnage basis that you have told Mr.

Harris about in ariswer to his questions,. you any you and

your: crew generally got out six cars? :

A. Usually. six cars.

_. Q? Is that on the shift? Is that on the one shift, or

what? |

A. On the one shift. On the day -shift. I was only

speaking about the shift;I work on. , eee ce

', Q. I see. . Well, would they get out about that many on-

the night shift-too, load about that manv?

A. Usually they would get. out. nine at night and six in

the day. Of course, in the: course of a month there ‘would

be bad days.

Q. . That is true. ihatintes you would: have good days

and sometimes bad days? . :

A. Yes, sir. +35 ane

“Q. But the usual-course of thihgs was six in the day and.

‘

rere

tA. -Yes, sir:

_. Q. This env ihe vou : hans shown us where you were

paid off, I believe vou said, twice a month? |

A. Yes, sir..

‘o, 3083.

Q. During this period * time?

A. .Yes, sir.

Mr. Burr:

~ Has this been offered i in evidence?

Mr. Harris: 3

Yes,. sir, I offered it in evidence.

Q.. This one here that is identified as Defendants’ Ex-

hibit 24, that is for the pay —— ending: July 15, 1941,

isn’t it, Leuis? .

A. Yes, sir.

| Q.- Before you got: this you 1 got a statement? °

A. Yes, sir, I got a statement.

Q. The statement showed your earnings, how they were

’ estimated and what the total amount was? :

‘ A. Yes, sir.

Q. And showed th- deductions that came off?

A. Yes, sir. ik enc

Q. And showed how much cash you. were to ah

A. Yes, sir:, ,;

Q. And you would take that ‘iebiennnt ‘and go to the

pay window and sign a receipt and get your money in an

envelope like this?’ para

A. Yes, sir.

Q. All the statements had ‘hou the ‘same thing. on

them, leaving out the T, T. for the present? . It showed

the date, the 26 $114.60, so many tons and so much yard-

age at $7.20; what would that’ yardage be for? |

A. That is the recent raise often cents on the bear

. Q. That is what that is; that is the ten cent raise that

went in effect on April Ist— : ;

. A. Yes, sir. : ae : i

.Q.. —this year? Ret § ri it oe

A. Yes, sir. rer :

Q.. That is the total, and your: deduction showed die

' F. O. A. B. tax and. Alabarha unemployment tax and the

3084

' other deductions. taken off that and the, amount you got -

-in cash? . .

_ A. Yes,.sir.

a That shows you ares that two weeks period $162.14,

and your deduction, was, $95.20, which consisted of tax

$1.09, tax 90 cents, checks on store thirty -eight forty, com-

_ missary thirty- four eighty-five, and miners’ supplies? .

‘: A, Oe. ;

Q. That is the tool and powder : you bought?

- A. Yé@s, sir. .

Q. Anda safety ci ie

A. ‘Yes, sir.

Q. The balance in cash was $66.94? -

A.” Yes, sir, -

Q. Would you “say that was a pretty : “good average

month for you, Louis? Is that about the way you aver-

aged? | d.

Mr: Harris:' . | oe Oo aa ee ae alee

Avi — two weeks.

Q. Average. two weeks; is that about the average; is”

- that about the way you averaged?) mee

A pretty good average, more or less.

I mean about the average?

About the average. ©

About ‘the average?

Yes, sir.

Of course, the statement that’ vou turned in would

show all these. items, opposite each place on the statement?

A. I didn’t understand vou. 24 .

Q... The statement you turned in to get your envelope

and the money there showed all these items itemized on —

forerer

_ the statement? +4

"A: s Yes, sir.

Q. I understood vou to say about your union attend-

ance—I am not particularly interested in it,‘ but t under-

3085

stood vou : to say ‘after the men learned about the ‘settle-

ment of the T..C. I. Labor Relations Board Case your at-

tendance’ began to in¢rease?

- * A. Yes, sir.

Q.That’ is when you, got your uplift?

Kh. 7. sir; that is-when they: began to come back.

Mr. Seis

That is all. :

Mr. - Harris: °

That is all.

(Witness excused. )

Mr. Harris: 3

Call Mr. Powell.

. x

3023 ‘ VIRGIL » POWELL, being called as a witness :

and being duly worn, \estified as follows:

Direct Examination.

The Court:

What are your initials? : \

The Witness:

* Virgil Powell.

(By Mr. Harris):

Q. How old, are you, Mr: Powell?” : ee Fe P

A. Thirty-one, ea ee

-Q. Where were you bern? a ee so :

A. Parkwood. Alabama.

The Court:

How old did you say you are?

* ee

The Witness:

- Thirty-one.

-Q. ‘Where do you. work?

A. Raimund: :

Q. How long have you been wee at Raimund for

“the Republic?

A: Eight years. ©

Q. What? o eas

A. Eight years. | :

Q. What kind of work do you do?

. A. Run a hoist engine. 3

Q. Is that a production man or a company man?:

A. It is a company man. | JS |

Q. How’ ‘long have you been’ running a “hoisting. én-

gine? | |

A. Suiuinaaaiy five 5 years. |" 3

Q. Were you running a hoisting engine out there in

Oct ober, -1938?-

Yes, sir.

Q. And continued to run it up until May 1, 1941? ;

A. Yes, sir.

' Q. Where was your hoisting e engine during that period

. of time? se ie

A. It is in the bottom of the mine at the ores pocket.

Q. .Near the ‘ammunition dump or near some other

pocket? |

ie ae is a Storage pocket where all the ore is dumped

‘in.

@ Storage posit?

A. Yes, sir.

Q I misunderstood vou. I thought you said stores.

How far. is that from the mouth. of the _—

A. ‘About 2500 feet. :

— Q. Well, do you work on the day shift or the night

shift? ~~ ‘-

A. Day shift.

3087

~Q. Now, starting in October, 1928.—October 24, 1938,

what time did you show up at the mouth of the mine at _

the beginning of your shift?

~~ Around six or six fifteen.

Q.: Weil, did you have any brass’ check that yet: turked

in ‘to anybody? . ~~

A: Yes, sir. . . ee ee:

Q. To whem. did you turn your_tag.in as a service ‘man,

a Company man? ° eae,

A. The timekeeper.

Q. Where was he? :

A. He was inside the tally: house. rd

Q. Did you have any regular man trip you caught iow

in the mine?

A: Usually I would: go pt a around ‘6: 20 or %: 30.

-Q. Then, when you had completed: hoisting and had

" traversed the: mine on the ‘way out, what time would -you

pick-up that brass’check in the afternoon? : |

roe Around 3:30. , r |

°Q. So that from the time you entered the mine at 6: 15

‘ you were underground until around 3: 30?

A. Yes, sir. )

Q. Did that obtain all the: time ‘from October 24, 1938,

up until May 1, 1941?-

_A. Wel}, sometimes: it would vary a Jittle | bit one way

or the other. ; hee oe 7+

— . Q. Well, did the. service -and the company men in that

mine catch the same man trip the production men did?

A. Yes, sir.

Q.* And came out together, came back out on he: same

* ‘man’ trips with the production men?

"AY Yes, sir.: .

Q. In pulling ore where you‘are, did you, during those

three years, pull any man trip. with your ‘hoist?

A. Not with the hoist. I did: with the motor.

©. You mean. with an electric motor?

A. Yes, sir, electric locomotive.

——s

‘man—they called it the

\ 3088 :

Q. You had an eae: locomotive you hauled them _

with? | ee

A. Yes, sir:

“Q. Where did you haul the men?

A. I hauled them rom he waiting place over on the

le lot where an old mule barn .

was. ‘They have a waiting station there. I would go and

pick them up and carry them to Number’2.-

Q. Well, did you. have any regular time to go and pick

them up? ‘

A. Well, as soon as the run was over, as soon as- we.

stopped pulling the ore.

Q. And did you have any regular time for the. run to

be,over? |. :

A. Well, it -was supposed to be, ‘but occasionally we

pulled‘ until five minutes after three sometimes one or —

two trips past three. ,

Q. How long did it take to galt a trip?

“ A. , Well, around ‘five to eight minutés. _

Q. Well, if you pulled two trips after three, that meant

those men were at the mule road waiting for you to get

through pulling ore cars and switch them and get: the

man .cars and pull them. out after that? . /

A. Yes, sir. re :

Q. When you workéd that overtime you on = for it, .

didn’t you? ——

-_ 2 oe

'Q. ~ Now, when you got to the hoodlum on the way out,

~ would you, as a company man; be counted. out just the

same as the. production men by a mine foreman or some--

body élse? moet ;

A. Yes, sir. |

Q. - Was that true of atl the. service and company mén?

- A. Yes, sir. : Fs

Mr. Harris: ~

‘You can take him:

| ale Sich os

* 3089

Cross. Examination. -

By Mr. Burr):.

-Q. Mr. Powell,’ was your first experience—did your

first experience in the ore mineS begin just three years

a0, or had you worked previous to that time?

-- As Well, I had worked August, 1933, to December,

1933, there. —

in the same rine?

Yes, sir. ioe:

- Same sort of work?

Well, I was running a motor at that time.

That was August, 1933, until when?

December, 1933.

Was that a motor ‘inside the mine— |

Yes, sir. . °* ria

—that You ran? ee AS alee “a

Yes, sir. aie wee Oa

You worked over at Spaulding?

¥es, sir.

When did you ‘work at Spaulding?

shat was '33 until about the latter or first. ‘vee of

Yes, sir.

* engine—Does that hoist engine haul the ore?

A. Yes, sir.

Q. ‘From the different working places" to the rotary

bas or the storage place?

A. No. ‘The locomotive brings it in there on the wud

and. when it goes back I handle the cars to the pocket.

7 Then, with that exception, all your work has —

-running this hoisting engine?

_ A. Well, I did work at Spaulding while I. was away

from Raimund. ° sae

. that before Spaulding —— this: last time?”

All right, sir. ‘When you were operating this hoist .

a ee . 3090 td

Q. Vou re it up and handle it to the pocket?

ey ee ae :

Q. And you also handle-—After the run is over you:

. handle the cays for the purpose of Cities the men what

they call a Sa

' A. Oéccasiona | |

Q.. Is. that what you call the mule lot?

A. Yes, sir. eer : |

Q. There have been no mules there in. quite a Jong. pot cs

time? Rs ae

A. They used re ‘have inNules—

Q. There haven't been- any mules there since you’ have

been working there? he

_ A. Yes, sir; there’ have been’ mules there : since I have/

. _ been working there. |

Q.: When were the mules there?

A. In 1936. se aN

Q. That didnit have anything to do ‘with, you hauling

the men?

A. No, sir; mer had been paar from this lot: li was

old.

Q. You ke down on ‘the man » skip just like everybody: |

else did? °° \: |

wy ¢ Sometimes we would have to brace ourselves to hold

the next man: above us off us.

Q. I understand you braced reeceait4 to hold people off

you, but you rode down like — else did?

A. Yes, i

Q.. And aan did ever since you have ‘vou ‘going |

down there?

- A. Yes, sir. : f

* Q. .-And when vou ‘got down to the bottom—what you

did at the top was deposit your check?"

A. Yes, sir..

Q. And got your Vrain?

UA. “Yes, sir. gs

3091

Q. “And then st on the skip, after bid said d on

there—You mean by that the mine foreman would let go

‘through the gate the number they wanted on the skip so as

‘not to be over. crowded?

A. Yes, a: * ”

Q. -Sofnething of that sort?

A. \Yes, sir. ea o. |

Q. That is what you mean by. being counted out? -

A. Yes, sir. e

Q. . Then. you’ rode down? TERE Sarre |:

_ A. Yes, sir. - ;

Q. Your hoisting engine “was “ahi how far from the

place you got off, the skip? =

A: -It was half\a mile or b better.

Q. Did you wal i over there?

ae A. Yes, sir.. ; ;

-. . Q.. You. got to the Hoisting engine, and that is the first.

actual work you did, wh ‘you. got-to the hosting engine? ;

A.” Yes, sir.. \ > / | :

Q. Thén: you commenced running that’ engine and ‘ran.

it for eight, hours?

‘ A. Yes, sir, \

oe: If you ran it over eight “hours: you got paid for it,

didn’t you?... \ ri

A. Not every time. : a \

Q. Well, whenever— \

_A. If we ran as much as an "hour eves

‘for it. If ‘vou just. ran. five or_ten mint

didn’t.

Q. Do you know what days you were five or ten

ime, we got paid

_ minutes over? Did you keep any record of. it?” \ eer

A. ‘No, sir.

—4Q. Did you ever make any report to anybody. ai were _

‘five or ten minutes over?

A. .No, sir. = * ee <a ert

~ Q. Well, that was just occasionally? aig eacn \

A. Well, it: — sometimes once ‘or sometime’,

_ twice a week. '

S “over time, we.»

Mr. din

Rie | — that is all.

8002

Is that the time you say ‘the run. woul

Q. 't be over?

hy Yes, sir. er

' ,Q. ‘Is that what kept you five or + ten minutes over?

_ “A. Yes, sir. ,

+’

that men at the loading station, if mer were a. were

delayed five or ten minutes?

A. Yes, sir. ©:

. Q.. I see. Was te loading station. in sight of here:

- your hoisting engine was running? |

A. ‘No, sir.

Q. Then, of course, you don't know as to what time :

, they got to the loading station or how many got there oF

how many were gone, or anything ‘about that?

A. No, I don’t know. -

Q. All you know, you were oiibanaty delayed five

minutes or so in order to finish. the run?

‘A.:. Yes, sir. .-°

_Mr. Harris: :

I think that is. all, ME. Powell

: ~ (Witness excused.)

Mr. Harris:

If the Court please, except for ¢he tkraduiction of docu-.

ments; and which may require perhaps one or two wit-

nesses, —I want? to check up,—it has been a rather long:

. case, and I proteeded as fast as I could in the introduction

of my evidence, and. I want - to check the records,—that,

substantially completes the witnesses I want to put on. I

don’t mean'o close my case now, because the defendants

are trying it as a unit, but. I make this statement as notice

to the other —_—. so ‘to speak.

Those were the same occasions on which ‘you say

_ of them brought here this afternoon. . _

~ Mr. Spencer:

3093.

And I also told the gentlemen on my side of the table

this ‘morning. I thought I would be through, for the most

part, with my case-by Your Honor’s afternoon recéss, and

« I presume they are ready to go on.

- There. are a number of documents -1 have asked the

gentlemen for’ in a. subpoena, and, of course,'I want to

study them tonight. Mr. Burr has ar ‘ranged to have some

_ Mr. Burr: . | ess

I’ will have the minutes ‘for you: tonight. We haven't’

" finished with the maps. +

The Court: :

ao | think we had better have a few minutes recess,

“Who will iis up next?

Meee a Ok ee

We have some witnesses.

’ acuiey

e Court:

We will take a three or Beis minute recess.

( Thereupon Og were in recess peli 2:50 P. M.

until 2:55 _P. M., at which time proceedings wese ‘resumed

2 as. follows: )

Mr. Headrick, please.

\ =

~ | .. »\ ‘tia .

be ea a, | |

\: ie bee

3032 ° W. R. HEADRICK,’ being called as a witness,

and being duly sworn, testified as~ fellows: —

; ea Direct Examination.

(By Mr. Smith): . as: Bae,

. Q. What is-your namé@nplease, Mr. Headrick?

HAL eaaperiee. Manes 3 3

Ps 7 ong ns

- 4. Hike. Loutt: Ce J

fo _What-are your ‘initials? hk ; Bae

“<The Witness: | Pne? i’ Es

s W. R. ° ; 4

Q. Mr. Headrick, what company do you work for?

yA Be eg F ,

- Q= How old are you?

-. A: Forty-seven. :

Q. «Hew: jong have vou been working for them?

‘A. -About five years this last. time, ~ esas

‘oo. @._ Five years? .

‘A. F worked off and on for about twenty -five years,

‘Q.° What has been ‘your experience in ‘ore mines since _

‘you began to be a miner? Fa Es

. .. QA Well, I have been. in the mines all my life. aa

. y+ Q. “All your life? ‘

{

ee A. Yes, ’sir. be o

/ 1 + Q. ‘What mines? “ es A -

» WA. -Th* Republic. people and T. C, I.

Q. The Republic People and T. C.:L? - Mes SA:

A. Wes, ‘sir. . ‘ as

Q@. Ore mines? mate

A. Yes, sir. ; . .

Q. What mine -are vou at now? “— my -

r A. \N umber 4. .,. ' . e ; .

*Q Number £ eas as :

A. FR Ps ee

wr a

3095

At t Muscoda?

Yes. Satoh

You have been there five years?

Yes, sir. ar -

This last time?

Yes, sir. +

You have been there since October 24, 1938?

Yes, sir. ce

Wha is your occupation there? |

Service -foreman..

Service foreman?

“ss

Yes, sir. - :

Tell the Court What the disties of a service teres -

-are. ‘

Well, I am bivi ing track.

Laying track? .

Yes, sir;anything that comes necess

You are all over the mine?

Yee « * ae ee gn

Where do you report in the morning at the begin-

of the shift? ; “te |

At the tally house.

What time do you report there? a

Six o'clock. }

Six o'clock? ,-

Yes, sir. ;

That is the time you hie UP, I° believe, the brass

Zoe POP ROYPOPOSSOPOPOPOSOYPOPO

checks?

A... Yes, sir, °

° Q. In the meantime vou have been to. > the bath house

‘and got your carbide light?

A: Yes, sir.

Q. And you hang up vour eheck? ey

A.. Yes,:sir.

. Q. Now, from om. time, Mr. Headrick, just what ‘do

you do?_

™ .

A. Well, we—after we ‘eheck in, why, we catch the

“first skip that, comes handy, usually. ;

Q. What time do you check in, six o'clock? :

A. Six. o'clock. Pe: . vce

Q. -Yes; sir. . :

A. We go down and then we leave the man unloading

place and go out in the. territory ‘to our working place. .

Q. How long does it take you to get fromthe vied :

of the mine to your man‘ unloading piace?

A.: Some thirty. or forty minutes.

Q. Some thirty \or forty minutes?

A. Yes, sir.

Q. You méan from the top of ie mine’ to ‘the man

unioading place? *

1 thought you “meant from the tally house.

From the tally house to the man unloading place?

Yes, sir. . cee Ss

About how long? |

About 25 to 30 minutes to our, working place,—

Peron se

The Court: © : rc s

- He is not asking you that: °

Q.s I am aski ng you about - how long from the time’

‘you leave the mouth of the mine until you get to the

man unloading station? - ‘s

Where is: your working place? :

Well, at different places, Possibly we "wilt go

over to one place one day and the next day to another.”

A. Oh, that is some five: minutes.

Q. Five minutes? | es

A. - Yes, sir. :

-Q. You will unload there? - a ee

A. Yes, sir. 5

Q., And: go.to your working place?

A. Yes, sir.

3087

Q. Where dco you get. your orders to go when you

leave the top of the mine? i ee oe

. A. At the tally house.

Q: Who gives you your “orders?

A. The mine foreman ‘or assistant mine foreman.

' Q. The mine foreman or assistant mine foreman?

A. Yes, sir.

Q. As to where you are to go when you ieave the

man unloading station? -

- A. Yes, sir. :

Q. That takes you all over the mine?

“A. Yes, sir, different places.

‘Q. What time do you leave the mine coming back?,

A. You are not speaking of the presént time?

Q: Up to May lst?. "> aes

A, We. will —— check out around: a. quarter of

four.

Q. Now, since May Ist?. , ,

A. Sometime around four o'clock. .

~Q. Since May Ist what time do yeu check out?

A. We check out now around 2 and 2:30 —between

2 and 2:30. -

Q. Are you familiar with: the deutehions up there when

the,man skip starts going down in the mine?

I think se.

Who has charge of the man skip?

The assistant mine foreman.

The assistant mine foreman?

Yes, sir.

Does he give the men orders where to go- and’ what

to do there?

A. Yes, sir. . ;

Q. Do they have any tools with them ‘they carry down

‘on that man trip? |

A, Yes, sir, we used to: have toxcarry down our new

tools we went to the supply house and got, such: as seonia

and shov els.

ebaarinae?

—

SS ee

‘

3098

Does that apply. to the service crews too?

A. Yes, sir. I-am speaking of my crew.

~ Q.. Speaking of your crew?”

A. Yes, sir.

- Q. The men that actually do the mining, do they take

down—

A. Yes; sir; they took down hangers and wedges and

necessary tools to do. their work with.

Q. They stepped by the man unloading station?

A. Yes, sir. -

Q. ‘From the man unloading station -to. where they go

to mine the ore, do they take any tools?

A. Yes, sir, their new stuff,. such as wedges and. hang-

ers and such as that.

- Q. \Did they ‘have their lights, carbide lights they ‘used

there? * *.

A. Y¥es, sir.

Q. Now, just what.do you carry down, your crew and .

_ you? : ;

A. - Well, we carry down when we ‘need it--our supply

of tools’ runs short, "we carry down picks and. shovels

and hanrmer handles, pick handles.: |

~Q.. What part of the skip did you carry thos¢ in?

A. Well, we had a little basket under the bail, that

hung under the bail: of .the Pa and we would put our

tools in that ‘little basket. |

Q At the top of the mine, before the skip staves

out, where did. you get, those tools from?

- A. At the supply house. Mee,

Q. How far is the supply hotise from the top of the.

- mine\or collar of the mine there?

-- A. Oh, I would say some four hundred feet.

Q.. You would carry them, over ‘there and put them ;

would take those tools out of the bail?

A. Yes, sir.

-Q. When vou got to this man vera e lade. “vou |

“\ .

3099 :

At ig sir.

@. And carry them to whe 4ver you needed them

A. Yes, sir, to our working place. .

Q. What tools did. you mostly carry to do your work

with? .

A. Picks, - Hiovels, hianiinnaine hammer handles— ;

Q. How many were in your crew during that time?

‘A. .Well, it ranges from Six to twelve. |

Q. Six to twelve?

A. Yes,.sir. :

Q. Now,-what re were the head of that’ crew?

A; Yes, sir. | |

‘Q. What orders did you give those men on that crew

at the top of the mine? Me be

A. I didn’t give them any orders at the top. I weaited

until we got to the: bottom and unloaded and told them

where to go.

Q. Did anybody. mye 7 orders where to go at the ie

' top of the mine?

A. ° Yes, sir.

@. Suppose you -had a vacancy in — crew; what

would you do about that?

A. If there was an extra, I got him and put — on

the crew.

Q. Who would you speak ta about getting that ‘mian*

A. Well, the mine foreman or tally’ house man at ite

the check in usually.

Q. Then after — you went t down to the man “unload-

ing station?

> *

A. Yes, sir.

Q.° From the top of ‘the ‘mine?

A. “Yes, sir.

Q.: Then you were in charge of the crew from that

_ point on?

A. Yes, sir. :

Q. What orders:did you give them in reference to their

working places and tools? :

3100

A. 1 would take them and we would go to our eee

“place,—take our tools. ;

Q. Did you have any directions: where your working _

_ place would ‘be? What part of the mine?

_ A... Yes, sir; I’ knew where I was going. |

Q. You knew? . a

A. Yes, sir.. ae

Q. Knew that at the top?

A. Knew that at the top. .

— Q.. When you got down there snd you got unloaded |

\you directed your crew where to go?

. A. Yes, -sir.

\Q. And you -carried these tools, you and your crew,

- to \these places where you and your crew would work?

NG Yes, , Sir.

Q. \ And that was during the period from October, 1938,

up to \May 1, 1940? |

A: Yes, sir. . ..

Q. 1941, I mean. = |

A. That is right.

6S Se ee ;

| Cross Examination.

(By Mr. Burr): ,

' Q. Mr. Headrick, you say you have been seid for-

the Tennessee Company off = on for awrenny’ -five years;

is that right? !

_ A. Yes, sir. | :

Q. "You have also worked for the Republic Company?

‘A. Yes, sir.

‘Q. Which: one of thant companies have you worked —

the longest. for,’do you. ‘think? —

A. For thé Republic.

o *

3101

' Q. For the Repetblic?, xs

A. Yes, sir. .

Q.-. About how many years did you taal for the Re- al

public Company? - |

A. About 13 or 14 years.

Q. And you say you have been ‘in the mines wotking

: practically all your life?”

* A. Yes, sir.

Has it all been in the ore. mines?

Yes,. sir.

Out here on ‘the. mountain?

- Yes, sir. -

Just those two companies?.

Just those two companies.

Have you always been what ‘they call-a company

man, that -is, on a ‘day rate, hourly rate?’ ;

A. Yes, sir; I have done a little bit of everything.

Q.: But. your — work has. been on service crews?.

A. Yes, sir.

. Q. * For how long now have you been a foreman of the °

track crew out at Muscoda Number 5? : |

A. Five years. :

Q.. Five years. " Now, during all the period of time you.

have worked. on service crews out.there, has the custom

ererore:

and practice: been about the same, the way you. handle

your job and your men, as you told Mr. Smith?”

_ A. Up until May— ©

Q. ‘We will forget May Ist. —Up until then it has al-°

ways, been the same? —

—" —A:. Yes, sir.

Q. You would go to the tally house every, morning?

You had to go there to get down in the mine?

A. That is‘ right.

- Q. You got your varbide and have always gotten it?

A. Yes, sir. <5

Q The company sells it there? ‘

* to catch?

3102.

Yes, sir. - \

A. 7 ; =

* Q. Then you have a check and you turn the check in?

A. Yes, sir. ; | - ;

Q. Now, your work as. track man—do you work in the

same place more than one shift, or do you have a job

you don't have ‘to be told to go back to you, know you

haven't finished?

A.. Most of the time it is that. way.

Q. That is what I thought: Most of the time you

don’t have,to ask—it is only when you have finished your

job you have to ask the-foreman where your next place is?

A. No, the foreman-—sorething might — between _

‘shifts.

_Q.° And if he wants to change you he would tell you?

A. - Some breakdown or wreck or tear-up in a different ©

locality of the mine, he would tell me every morning

where we were supposed to’ work.

Q. He would know about that. from the report. pe got

from thé other shift? .

A. Yes, sir.

Q.. He would tell you and it was your business. to, tell :

your men?

_A. Yes, sir.

Q. You say you would catch ™ skip it was convenient

A. That is ‘right.

Q. You would go down—you would: always assemble

your men at the tool. house? ‘

A. Yes,'sir.. 7% °°. coats

Q,. That tool hause was pretty close—how far from

the undergroynd man ‘loading station?

A. At the — I wines any. it is 150 feet.

Q Where was it during the siitiea before May 1, 1941?

A. .I would say about the same distance.

oe 3103). fe SRA phn

~Q. You would get off. the ‘skip you: came down on and

go to the fool house? - oye?

A. _ Yes, sir. , ;

Q. Would you meet. ‘all your ‘men there ian you

- got there or would they. sometimes come after you got

there?»

“A... Sometimes they eunka be there and. sometimes they

would come afterwards’. ” -

- Q. ‘Fhere was .no schedule?

A. No,. sir:

Q. No. settled rule?

A. No, sir. f a ane ;

Q.- They caught whateve sig was convenient?

‘A. Yes, sir.

_ Q. Your work time started. at the too house at 6: 452

A. Yes, sir. ,

' Q: That is when. your pay started?

A. .Yes, sir. . :

Q. You waited there ‘until 6:45, and thie ‘you-went to

- the place where you had been told to. go? ~

A. No, sir. We. didn't pay any _attention. to the time.

- After we got there-—we all went on to our working place

after we all got together.

Q. After you-.all got cine

A. Yes, sir.

.Q. When you left. your tool house depended on what

time vour crew got together? fo ;

: A. Xes, sir: ;

Q. That is where you waited for your crew?

ie or 1 ; ee

Q. That is where’ you got them together? "

A. Yes, sir.

‘ Q. And your pay ‘started at. 6:45?

"1A: Yes, sir. -\' ce

.Q. Up until May Ist?

A. Yes, sir.

Q.. What time. did. you quit laying track?

3104

‘A:. The mine ‘foreman; as a rule, gave us about fifteen

minutes to come from our working place to: wherever we.

'_ put our -tools.

Q.. Conie from your working place to the. tool house?

A. Yes, Sir..:

Q. What time were you supposed to be back to the

tool house, around three o'clock?

Yes, sir, three o'clock.

Three o'clock?

Yes, sir. ;

You would get back to the tool house at three?

Yes, ‘sir:

And then you eiiia deposit your = there, would

orerert

-_—

Yes, sir.”

And then go dens ind catch the first skip out—

When they turned you aloose. ° You went in: rota-

tion in the bull pen:

Q. You went in this bull pen? They would let _

ones that got there first go out first?~

A. That is right. :

Q. Line them up, on those seats?

A.” Yes, sir.

Q. And'l imagine you, /being the foreman,—you would

probably get down after’ your crew;.you would have to

stay behind to see ‘that iran | was in order? 2

A. As a rule I did/ :

POP

—— =

~ 3105.

A. -Yes, sir. -

Q. And they would get paid for ‘overtiine?

A. Yes, sir. ; ome ; z

- @. On time and a half? ae Ne

; A., Yes, sir. S\ehtiren Fas he

tie Q You talked about getting: Souls. .That-—the tools rig

| ..| wore out? .. pe, oa : 3

A. Yes, sir. = :

_ Q.. You. would have to get new picks sometimes?

"A. ¢ Yes, sir.

-Q. And.new shovels sometimes? _ SS

. A. Yes, sir.

Q. And you woiild have to nat new handles for. your

hammers sometimes and a new hammer sometimes?

- | & - Kes, si.

SQ As a good. loailaniin. you tried to shale picks and —

shovels’ and . hammer handles - as. lonig: gs you could,

oC creer oes i cateree

“A. I did. ets / ,

* It_wasn't every morhing you had to bet these

:° articles? re 2

ar eee eee "emp

pa ae When you had to. oui: them wot nae send a man

down to the tool house?

“A. I would send a man‘fo-the tool house, or two.

Q. Depending on what was needed?

A. On. what, was needed, "yes, sir. - °° :

C.. Would» you get a requisition from the mine . fore-

-. .

man?. ik es

ee ao o2 vy , o

A. - Yes, sir. ee , : D7

Q. These. were replacements’.

A. Yes, sir.

Q The’ tools you’ ‘could still ‘use you would leave,

in the toc] box every evening?

A. ’ Yes, sir. - ss

.Q. They would go to. the supply house and get: : se

replacement tools?

¥ .

oe te Sos ee te cee ee ee ee oD

“=

\ Sad 3 little 4ruck™ up there that woul bring cea ES

«them up, atid then they would get on the skip and go on « |

down and ‘join you at your place?

A. That is Right. : | :

ee * ey The suppl, house was never unlocked until : 30

. in the morning, gwen 6:30 and 7:60?

A. Ithink so. ever did go myself. ‘I sent shiek 3

~Q You sent them?:. : ae iis *T |

A. Yes, ‘sir. — : Ct Oe a Cokie

Q. ‘That meant the man couldn't get the tools until . : a

it was opened about 6:30 or\7: 00, and then he would have

to carry them how far? \ |). * pe

- A. Som 400-feet. ee

.Q. And then wait arid catch | ‘a skip? ah tate ne

A. Fou, ot. \ }

Q. Before getting on | down to your - tool box? % :

A. Yes, sir.

-Q. How -many men did -you say there were in. WO

crew, Mr, Headrick? | * . aoe a.

_ A. It runs from six to seven; it is owing to the. num: ; ;

ber of men. . a

Q. You had a track. crew? ae :

A. ¥es, sir.: : 4

Q. . There were a number of other crews? ‘

A.” Yes, sir. . 4

-Q. They were handled about | in ‘the ‘same way: your 4

“-crew was? .; A woe ” ae :

A.. Yes, sir. : :

- Q. You said. Something to ‘Judge ‘Smith about some \. 4

of: the producing crews, that you saw them. sometimes — 3

“carry wedges “and hangers? | \ :

. > prea

< e

lor anything: abo

-clothes? :

f A. Yes, sir.

Q. And hang up your brass. check? 2:

A: ¥es; sir. if

‘ @. And-ihen you catch the skip down as you ‘testified

before? |. ioe meee

A. That is ‘right. ; cae |

‘The Court: as bef,

3107

Q. ‘They put those in that same little belies in front =e

‘there; that is where they put tem?" chad ey

A. They did. — :

_Q. That basket was about haw. big?

A. I would say about three’ foot long, about 15 op.

18 inches—I would say 18 inches wide.

Q. course, I. don’t suppose, Mr. Headrick, —vyvou

don’t knQw personally except. what you saw.

‘A:. No, I never measured it. :

- @. I doh’t mean that. You nev er worked | in the’ stopes

with the producing crews? — :

-A: Not in’ the last years.

@. You don’t know the conditions ‘under whieh they.

Wn.or who made the arrangements?

carried the wedges

that, I don’t suppose?

‘A. No. Ty&t belonged to the stop fellows,

_Burr:- . — : Age iene

hat is all. : rae a ‘

- Re-Direct Examination.

(By Mr. Smith): ga fiver oe

Q. Mr. Headrick, let me ask you this: When you go to

*the tally- house, you"have béen te .the bath house first?

AnwsYes, sir, to change clothes. :

-Q. You i there to. i _— house in, ‘your work

What time did’ you hang ip— take your check up; what *

time. did you get up on the. siound?

x) - hm. 2 a . .

3108 . : t

The Wie fe PR Se Gea ha

--In the afternoon? =. aol ene cae '

is ‘ . : ‘ % . : \ . : 7

- Yes, sits Saat Gaon eee ;

lees Witness! ee ee ay ate es

_ Fronr ffteci minutes of four, until four o'clock.

Mr. Harris: - oS 5 Sey ‘ aie eat |

I: want to ask’ him one. » question if r may. Were mee 7

The Coit: YR a tL ees ar ae a ag

_ Yes, sir, per erry seat ieee 7p Sea

naa “By ‘Mr. “ Mastiel' :

Q Mr. ‘Burr asked you: if ‘the. customs and practices

e are substantially the’ “same: : _ As I understand, you are

“:atrack man? OY At tee a

Se ee Yes, A es | mies

QP will ask you if for the period October 24, 1938,

up te-the present. time in Mine ‘Number 4, the conditions:

NQpF the. track in “the main haulage ways and main passage oa

wavs and ‘the. main Slope” have been substantially the .

__isame?+ : Peli bie aa tan :

A. Well, ve 8, #4 would ns’ kn, Oa Coenen ch ata s8 Ohi 0,

Mr: Tanvie: ‘ eras .

‘That -is‘all, © ae 9

B ~ oat - Re-Cross Examination. Cane oat ores .

— By-Mr. Burr): . ;

QQ You walk over them, dint you, Mr: Headrick? cre

A. Sir?

~* Q. You walk: .over ‘those haulage ways’ and’ passage

“S- Ways and. & slope’: : . ere

ar Sis *; a

: Ae he :

- Se Ne

A. Yessir. °° * sath, er een

-Q.- You have never — hurt on any of them?

A. No, sir. \ |

-Q. You: get along all right? =

A. Ye, sir, I get along pretty well. .

Q. About as good walk ways as you find in any mine? ;

A. - Yes, sir. , ; Tea,

‘Mr. eek Pee ay

That is ail. sah ¥ iP}

The, ——e ora | one oa

I want. to ask one question. You say you check in about

six o'clock in the morning? a,

‘

The Witness:

Yes, sir.

The Court = he at

_/And. you are paid from 6:45 every morning?

The Witness: — . | 2

Yes, sir. \ ss v

The Court: :

You are not paid trem six to six forty-five? —

The Witness:

_N 0, sir.

The Court;

; Pc many¥ hours | are you supposed to work?

The Witness:

Eight hours.

* ’

3110. | .

The Court:

_And all over that-you get time and a half? a

The Witness:

- Yes, sir.

The Court:

‘You. do not get any pay when you check in | at the tally

Q. When you talk about ete in iar mean turn-

ing in Your check? _.. \

A. My check number that I ai rider.

Q. And al! you do from the time you get ‘there and"

check is is wh&t you have told us?

A. Yes, sir; I don't. ‘do anything. I may have the men

to do’something. I figure after I checked in’ I was Sub-

ject to orders and the men were subject to my orders.

Q. You felt that way?

A. Yes, sir; that is the way itis. ..

~ Q._ Ail you do is you eo your clothes?

A. -Yes,.sir.

Q. And ‘deposit! your check? ; | -

A. ‘Yes, sir. ee, . . sme eee.

Q. ° And ‘get vour carbide? i

“A. Yes, sir. ;

Q. The mme ‘foreman teils you what to do?

A. Yes, sir, ° “oY

Q. And you send your men to-the supply house? fe

A. Yes, sir. . »

Q. And they get the tools? ss 3.

A. Yesy sir. | 3

311f

Q. And they foin you inside?

‘A. Yes, sir.

“+ Mr? Burr: | | ee —_ 7

ee es As at !

Re-Direct Examination.’ -

(By Mr. Smith): .

Q. After ‘you get. ‘off at the ninndenitine station you

and. your men get your tools and take them to where

~ you work, do you wait until 6: 45 to go to work?.-

A. No, sir; we didn't pay any attention to that.

Q. So, from ‘the time you checked in up there until

6: 45, you do what vou have testified here?

' A. Y¥es,. sir. ;

Mr. ‘Smith: . | aes

That is all.” 2 7

Mr. Burr: eo ;

That iis all. ce

Mr. Harris: ea

It seems when I was asking you a question : was guilty

of a slip of the tongue. . didn’t mean. to limit it to

“May Ist. o “ : |

Up to the present time the etaditions have beén the

same in the haulage ways, passage ways and main slope? or

The Witness:

I would think S@, . Mr. Harris.

Mr. Harris: :

All right; that is all.

' (Witness excused.) -

a 3 ce ee et ak

‘Mr. Smith:

.. Come around, Mr. Fred Trommail.

_ 3052 FRED H. TRAMMELL, being itis sans wit-

is ness, and being duly sworn, testified “as follows:

‘Direct Sxsidinaiicn.

. ~~ Mr. Smith):

- Q.. ‘Your name ‘is “Mr. Fred Trammell? |

A. Yes, sir. Ses

- Q. Do-you work for the Iacerranecs Col, iron & Rail-

road Company?

' A. Yes, sir; I work at T. C. I. ennihar 6 at Muscoda..

Q. T. C. Il. Number 6 at Muscoda?

A. Yes, sir.

. Q. How long, have you been working there, Mr. ‘Tram-,

mell? .

A. Since May, 1922. ~~ °

/ Q. Since May, 1922?

. A. Yes, sir.

Q. How old are you?

A. Thirty-seven. . 7?

Q. Thirty-seven. What jobs sul you held during

“that time, Mr. Trammel!? »

A. Well, there -have been a ater of ‘them. . “:

Q. Well, -let’s recite them briefly.

A. Everything from nenating engineer up to the pres- *

‘ent job.

Q. What is the present job?

A. The occupation is known as underground dispatcher.

Q. How long paid you. been an underground dis-

| patcher?

A. Since May. 1, 1936.

_Q. ‘Since May 1, 1936?

3113

A. Yes,. sir: | 7

.Q. What are the duties of the. underground dispatcher?

A. Mastly looking after the transportation and haulage

of the ore and materials:

Ore and materials?

Yes, sir. -. :

Q. ‘Do you fave fire dated to do with the "heullan of -

the men? *

A. No, sir. :

Q. -You don't’ have anything to do with what ‘is called

the man— “AW

A. No, sir; that is all on the slope.

Q. - Mr. Trammell, what..time do. you report there in.

the ‘morning?

-A. Well, I usually leave hie about 5:30 and arrive |

at the bath house about ten minutes. to six 6r a quarter of

3 ‘Then you change to’ your work clothes?

‘A. Yes, sir, and I get to the slope a3.near six preter’

as I can and ‘always check in at six o'clock. .

' Q. You check: in by depositing this brass check?

A. Yes, sir. .

_Q. And will: your duties siart ‘fight there?’ |

A. -I have four, sometimes five. locomotive -motormen.

: and four trip riders. —

How many are there in your crew? erie

Eight usually. |

You are the head of your crew? \

Pe:

Yes, sir. : x *

De vou assemble this crew there at the tally house?

* Most of the time. If any of the boys are going to

be absent: ther. usuaily “send word by some of the other

boys. .

Q. Who.is your superior ‘tone there at thé tally house?

prorerek

* ‘fades are poder the mine foreman. T take orders

. ~~ ‘

| from any of them. : 3

23114 ;

Q. Do they give vou orders there at ‘the: tally house?

fs. Sometimes; not every morning. Piss

Q. Since’ October 24, 1938, describe where you go and?

what orders you receive from him— :

JA... E-den't 620 any place, but each crew reports to. the -

other ‘shift showing what has been done the previous

shift and what is to be done— ‘coe

~ Q. Is that report turned over ta you?

-A. No, sir. .The .mine ‘foreman has it

Q. The mine foreman has it? | (oN era

A. All material is” landed at the paneer] station

be —_ 200 feet. : . er

. Just a- minute. - ‘When you ‘report there does the

mine foreman-give you th sheet as to vour. work—, _

_A. No, sir. He will tell me what he wants me to do.

-Q. You have Your crew there we ‘you, and what

-man trip de you take?

A: U ‘sually, the first one; sometimes ‘hie second ar third

one. /

~ Q.. Where do “ou go from. there? ae

A. To the material station. ? ro

_Q.. Is that near the man unloading station?, cae

A. --It is about. 200 feet’ from it. |

Q. When you get down there with your crew, what

do vou do?

A. wt feat, duty to get the dill steel, drills and such

as’ that ‘amite, out.to the “headings before’. the men

start. at ;

Q. When ‘vou xo down - from the tally house do vou

‘carrve any ‘“material,- your crew? A Ag la

“A: No, sir. yes aS ,

Q. You get your material down in the mine?

a “A; Yes, sir. .

_.Q.. Near the. man unloading station?

' A. Yes, sir. :

Q. How do vou get t that material to the places where

you are actually cc Seeman ."

3115

A. If there-is a drill of rope or skidder block or any-

thing like that that is needed a certain heading,— .

probably been broken down the/ hic before, —the mine

_ foreman will give me orders where to send those par-

_ ticdlar items to, and while we are loading the drill steel.

-I will load these tools with the drill steel and:mark them

_and tell the moter runner where to carry them to.

. Q. What time does your pay ae down . there?”

A. * 6:45. one

Q. “What time dens your: crew go. to-work eine there”

A....It- varies. Very +seldom we all ride the same trip.

The man ‘trip they get off of,—they go from ae im- J.

mediately: to their locomotive.

' Q: About what time do they go to work?

A. It runs from.6:15 to 6:45.

-Q. And at 6:45 your. pay Starts? | °.

A. Yes, sir. | : cae

Q. How tong are you and your crew in the mine until

you come put? Zo

A. “Well, they .pull all us off at 10:30 and ave thirty.

minutes for lunch time arid start back at 11:00. It is

very seldom we get all the locomotives at the statior and

placed properly that come in with the different trips, be-

fore. three /o’clock. “Usually we go to the man loz ding

station about 3:05 to 3:10... -° «.- ;

- _ Q. What time do you get out? — nh ae

A: About 3:20 if I catch the -first trip.

Q. H you don’t catch the first-one? —

*4. About 3:30 if 1 catch the second trip; ranges from *

that time until 4:00 o'clock.

- Q.. Did you carry on these motor. ‘trips down there any

of: the me or materials for the, miners. going | dewn on

that. trip? ce ea roe ek)

-_ Ar! Vos; sir, ‘quite often. pai re

| Q. The miners, would“they have them in their posses

sion,tor how would they carry them? ae yay

A. They . cule bias: brought them down with them

trom the outside, of either get them. at the timber tun-

ne! where the material station was.. ~§ ° ;

@: Where is the. material station? . ai ‘

“A. Just below the. man loading station where all ma-

terials are unloaded.

‘@. ‘Are unloaded?

A: Such as timbers: and, ‘steel ane everything that is .

_ being used. or :

Q. And the men get that ‘materials there to carry it’

~ to the place of work?

A. Yes, sir, such as hangers and wedges, and sometime: s

‘they: will bring them down on. the man: trip With them, .

and‘ rather than carry them to the. working. places with’

them,—

Q.. That is from the tally house?

Mr. Burr:

_ Judge, let. Soncare finish. I want to hear his answer.*

: ,

The Court:

ae Smith: A . v2 tiny

Go —:.

Mr. "Buse:

What» were you- “irying to say?

I think vor heard it -the- first time.. |

| + te

‘The Witness: zi

Sometimes a man would bring down: jackhammer steel °

. or hangers oPwedges. If they didn’t need therft the first ~

thing they would leave them there at the material station

for me to shiv to them. If they. needed to mart with,

they’ would take them on. with them.

'3117

Q: Ifthey_needed them, they would carry them in with

them? . - ck ree.

t o

Mr. Burr:

The Judge ought not to teed the: witness,

Mr. Smith:

Mr. Burr has led more witnesses than I have.

The-Caurt: cg hee 4

wedinuss gan big baled

a. Repeat what you said.

‘A. I Said if a crew brought down siaileiaiies they didnt ;

| need to start work with ‘in the: heading, and didn’t need —

to carry it with them to the heading, they would leave

'. it there with. me at-the material tunnel station to ship |

out to them, but ‘if they needed it ey would probably

carry it-on with them. °

Q. Have you seen the actual producing crews, that -is,

_ °the men that actually get out the ore—

A. That is ‘the head miners and dritlers and muckers?

°Q. 'Have-you seen them carrying material from the

‘tally house down in the mine and from the man loading

station to where they work?

I have quite frequently. . .

- Was that a. frequent occurrence? ° ia

-It was, up to May Ist. ys ve

They have abandoned that practice since May Ist?

They have an underground ‘supply house.

Before May 1st—

‘They kept. hangers and wedges and. CAhooks ina.

supply. house there at the bath house.

Q. How far was. the bath house. from the tally house?

i About 2300- feet. : i

ee.

Q. And they would -bring that material- over to ‘the. a

tally house and put. up their checks, and catch the man

trip with that material?. ss | Sees reecey s Bee

A. .Yes, Sir... . tele ee. ca Foi

eens Smith: ae : 3 Sh ae

= - P

2 believe that is all. : SNe ee

ng oe ‘ioe - Cross Examination. _ es |

(By Mr. Burr): : . ale coe ae

‘ _ Q. Mr. Trammeil, you have been working for the Ten-

i. - - nessee Company about how many years off and

SAL TL worked.a-year, and then I Jocist Sangeet and

‘then went back. Since I railroaded, Mr. Buer, and went, |

back, since then, it ,has been 18 or 19 years. bestiae ee

Q:: Has all your -mining experience ‘been with the

Tennessee Company?

A. Every bit of it. . Ope” a a ; ts

-Q.- You | have woNked as sohating engineer and — os

* through-— pe nee, | Le pate

. A. Most all Gecupations' underground. : ead

Q: And. how —_ have you been the underground dis Aae

. ‘patcher?- é aad, eee

ere A. Since May of. 1936. VPA D:: ane

Q.° Now, -Fred, I ‘wish you “would tell me what the

f° «aut ies of the .underground dispatcher are, so the Court

y+ vam undérstand what you have down” there. :

A.. Well, it is a kind of central bureau of: information, ; :

° _ T think, the way they -handle it, but mostly. ‘it is up to.

' the. dispatcher to direct the motor’s after the trips of ore,

and keép the. time of the trams and trips, -and report. it }

‘ out to the office ‘on the distribution sheets. —

. ‘Q. It is almost the same job as a railroad —

has outside? ‘e

A. Yes, sir. TL ‘ike the sale of the ‘aia miners, take.

Ae, the number ot ‘ars he runs, see that he has. ‘empty .cars,

and - keep up. with the motormen. and trip riders. _

ae ‘ 7 “. ¥ ~ te *

see "3119 aay

Have ‘you a crew “under you? hi

Just the motormen and trip riders.

Motorman and thip rider, the three of you”

_ Yes, sir.

. .When you got to the mine after you changed your ~

clothes at the bath house—I beliey.way back . yonder: |

When you started to working they j hade you pay pr that.

‘bath house? Bea - Ee

A. I think there was a’ fee. of. dius cents a pnth.

Q.. How sere years have any been sivindgt

free?

Ae couldn't say, Mr.. Burr. { think through 28,

‘26 or '28 when it. was abandoned. emma

Q. And J guess, like sccasael else, you got your

‘éarbide? . - te

A. Yes, sir. .

Q. You got that every day? -

A. Sometimes a can will last a ditty, -a sometimes

| ica

-. get three days out of . it: if you didn’t use ‘it much.

. Then you ‘deposited. your check? Neer oore 5

Deposited the brass check at the tally house. .

Q. Both of those things you have been’ doing ever

a since you have. been there?’ wns

A. Yes, sir. ; Tas as . r

_Q. In the same way? : Pose: Pee at Ss,

A. Yes, sir. Sr naat

_Q.. And as far as you know, every body else has done.

it in the same way? ~- | ; '

A. If they go Mndesroni they” havg, got to check in:

by brass e#eck.

Q: By checking. in you mean | depositing. the brass

check?

A. Yes, oh ee mete oa

B as I believe you said you. caught/ Leg seed skip down

you could conveniently .catch? | an moe

__ A.. Most of the head miners and men, in eins of |

_ crews. caught the first trip down. ©

o.”

to you

3120

eal a tes 2 Ova Dh BUR Poy Mair x

{

Q.: If you. didn't get ‘there ‘in time bie the first trip,

“that threw you to catch a later trip?

"A. Sometimes, but I usually togk the first -trip ii.

Q. Does your crew. BO down with you, or. take a later :

skip?: %

A, Asa rule the trip ‘Tiders and motet runners knew :

we have got to get this drill steel out, and on eatch 4

the first or second skip. x" |

Q. When you get down there where do you 80; sou-

and yeur two meh? °°. oil :

A: The * locomotive pit. is. about 200 feet from this >> .

_ timber tunnelg and. the four motor ‘runners go to the ~ :

locomotive pit. put their trolley poles up.. These mo- — :

tors-are run in the motor pit for inspection. Seer gaa

-Q. How far is that from where you get off the skip? cee

A: About .200 feet; it switches out to the material

yard. / rt

Q.. How’ is that walking, bad walking or f good walking? .

. A. Good walking: a ts

@ on

Have you been - riding down | on that same kind -

‘of a skip all these’ years? - :

- A. - Yes, sir. pees

Mr Trammell, ‘have you ever had any injuries . -

happen td you while you were riding down on that skip?

A. Well, I-got a bump on my head one time, but for-

tunately T was not injured. tt

Q. ‘How -did you get your head bumped?

A. Just forgot ‘to stoop' for a low place on the slope. oe

~ Q. But yau were not injured fortunately? ' Sala

- A. No, sir. : | BPs

' Q. About this drill steel, is that the heavy drill steel, :

“the steel for the tripod drills? §. | ee 4

A. Yes, sir. It consists of four. pieces. in. a ‘set, ‘four, Rie er

six, eight and’ ten feet, long.

> Q. It is your r job to get it delivered to the different

headings?

\ e

"3121

. A. .The motom runners‘and trip riders carry it out: and

place the new steel. in every heading and pick up the

dull steel. —

Q. You say the men have sometimes brought down

~~. themselves in that basket on the skip hahgers and shane aan

Did you mention anything else?

A. I didn’t mention it, ‘but the’ service: men have

_. brought | hitch cutters and the production men pate:

brought steel for jackhamri7rs

C-hooks, the rest of that stuff was at the blacksmith shop?

A. .Yes,. sir.

Q. And for .a while they kept a supply of the wedges,

hangers and €:hooks at the bath house?

A. At the bath house. ?

Q. In other -words, the whole crew did on come up”

- every morning with: a lot of a and wedges | and

C-hooks?

.. ° A, One man ‘would get the requisition ‘and he’ would

"get the stuf& and stand there until he saw. a member of

Q. With the exception of the wedges, hangers and *

his crew, and they ‘would — them. and put them in.

the. basket.

Q.. That basket was ‘large enough to carry both lots?

A. Yes, sir, ,

Q. How big” was : it? ;

A. About four foot: long and about a ‘foot wide”

- » Q > When. they. got to the bottom ‘with the hangers and

. wedges and stuff-of that kind, I believe you say sometimes

in preference to having your crew _ bring them up they

-.___. would take them up themselves?

‘A. -Yes, sir.’ They migh hive ‘six. hangers and: fifty

* — wedges and they woul e one hanger and two or three

- Wedges and leave-the 1 rest of them for me to send in.

_ Q. You don’t mean fifty wedges to go to one heading?— es

A. They order them sometimes three hangers and .

twenty-five wedges: three or four hangers and forty or ~

fifty —

“és Pee,

- The Court: . Rng Mea hg is on et

-Q. I guess the number they get depend on the Head

‘miner and the crew? - ’

A. Sometimes, if a hanger is ‘pulled, wy never find

the wedge. It is ‘destroyed or-tost in the ore.. It | yen

' depends on. how well they are cared for. .

Q. .Was there a good deal of energy spent on the art

of the mine ‘foreman. in seeing S| had hangers and

wedges and so forth? 3k

a Mr. Smith:

We object to that.”

Overruled. baad :

Q.. How. about that?

‘A. He tried to keep them supplied, gave them a re-

quisition whenéver they wanted it; but he’ would try to. -

keep down the cost to see they didn’t use too many.

Q: I just want to ask you one or {wo questions, and

‘then I am through. vou pay day shea at 6:45; is that

‘right? 7

A. Asa rule. P eis

‘Q.' As a rule? You weré paid by the hour?

A. Yes, sir, eight hour basis. :

‘Q.. Ran from 6:45 to 2: 13 | in the afternoon, with fifteen

minutes for lunch? ose

A.. Yes,.sir. . ipronders .

Q. That is the way it ran during mane years?

from your saan pe

_A. No, sir. It was the’ policy face to face:

Q. Has. that always ‘been the — ‘out there, face to

face?

>A. As far ast a a

3123:

Q. For everybody? ~~ end

. A. Foreverybody. =. + :

Q. .Sometimes, if you got down there hefore 6: 45, ‘you. ..

started looking after locomotives?

_ A: Most locas we starjed =~ what we knew, jad

- to be done. | |

-Q. Most days you got ‘off at three o'clock? ©

“A. Three o'clock ordinarily, and sometimes a motor

wouldn't be in. until five minutes after three.

Q. Then your work was over?

A. Yes, sir. . oes

~ Q. And you went or out? oc es ;

A. I had to carry, my sheets by, and the mine fore-

-man usually took time to check them and see how’ the

drilling had been’ carried out.*

Q. That was the sheet showing—

-A. The powder and drilling and usé of init.

.Q. Ofcourse, your crew didn’t have to do: that?

A. No, sir. When they put their locomotives in the

pit, they went on.

Mr. Burr: CON aa, 5 te

That is all. 0) | }

Re-Direct Examination.

(By Mr. Smith):

_- Q. Fred; the condition you have described een was

from October 24, 1938, until May 1, 1941, this year, when

' they put in the collar to collar plan?

"A. Yes, sir.

Q Mr. Burr said your work day was: over at 3:00

o'clock. What iinre did you actually get out of the mine?

_ A. As far as pulling ore: was concerned, we usually

- quit pulling ofe-around three: o’clock, but we went to the

. &

eer ag ee ter Nao / 9 he

ca per ening station and waited until the rappers and skip

tenders—

Q.. What time—

The Court:— . Sins wae

Let him answer.

A.» The skip tenders onda run up to 3: 15 anc and ‘start

"» pulling. man trips, and. if -we left on the first man trip

we would get out aboyt 4:20 or 21. It tcok seven or

'. eight minutes to” run a-man trip. If we didn't catch

the first one it would throw us. that much later on up

to 4. 00 0 —

Mr. Smith:

That is all. —

“(By es Harris): Nawal sat :

- » Q. Was the general cnittionn as to the rocf.and. slope.

and haulage ways, and general conditions as to the traffic |

substantially the same from October:24. 1938, up to the

present time?- .

A. —— Mr.. Harris, yes, sir. ;

"Mr. Harris:

- That is all.

Re-Cross Examination.

(By Mr. Burr): | ed ~~

Q. They’ were practically the same for years back?

A. The way that was done, the haulage ways would

get: dirty, and on a week end or Saturday night we. would >

put ‘a crew ‘there to what we called scrap the Pesce as

ways. ss ; Sond,

Q. That was always done? :- og er ea

A, Ya; ae. =:

‘Q. But it’ has been ‘substantially the same all the time,

- the condition of the haulage ways and so -on?

A. Practically the same. ae a

Q. Fred, I want to ask you a frank question You

were in and over that place?

A. In and about the mine? .

Q. Yes, sir

"A. T would shy aide: —

Q. Were any of those places attended with any. handi-'

~ in weining! 7

Mi. Harris:

We object. |

Wr. Burr: — = | - ae

This is cross: examination.

The Court:

. Sustained. Pie

Mr. pare: : | Ny

They have asked about the condition. a. ele be

“The Court: Sees a

I haven't let him give any conclusions,

Mr. Sur:

We oe. ae See: Sees: ,

—— 5.

= ew

The Court: eee ee pe Vee

You can go ‘ahead and ask it. He ec ‘deaevtthe the.

' condition. All right. Let him tell the condition.

Q. -Was it hard to walk or difficult to walk?

A: I will answer my judgment. Some of. the places

- where they had bad falls and they pulled the slate out

and stored it on the-side of. the track, some were in worse:

a a

: Rr.

3126: | 3

‘ _ condition than others. Some were fair and some were. =

bad. +> Be |

Q. Did that pene on— a

. A. Depended on the kind. of top ‘they had: in in par-.

ticular heading. Some places were bad and some were

not ‘so bad:

Q. Would that be cleaned up? _ oe te

A. When they got a chance in there, inte a shift off,

an. off night, they would send a crew: in there and clean.

this stuff up. ;

_ Q. That was not “a ‘part’ of | ‘your work? A 7 ‘

"A. “No, sir. Paes he |

Mr. Burr: aeon : ee Se

*: That is all. - - -. | eo: CD Rte

Mr. Smith: - if aoe rae ter

Se ¢ 2 Senne :

‘ : Py

_ (Witness excused.) ~ hs

'. Mr. Smith: Renn ai see et ise

Cail Mr. Palmer. or ponent “i$

3067 _ i FRANK PALMER, being called as a Witness:

_ and being duly Sworn, testified as follows: |

: Direct Examination. _ ;

The Court: pea es ers

Is your name Palmer? * eae te a Siac ees

The’ Winen: lar ehee ge ae 7 ass .

Yes, sir. | | varie A mene Can ork

eee

The Court:, Bae oe See Cee

The Witness: 1

Frank. | |

+By- Mr: smith): pene

Q. Mr. Palnier, how cld are you? ;

A. - Thirty-six. \

Q. Thirty-six? be |

As , ves, sir. a ———— :

. Q..”How. long have. you ome in. oe ore. ‘ining busi- 4

ness? : Bie ke

-. A. Qh, since January, 1937

CQ Who rave you worked for since that time?

A:: 7..c. 1:

Q. What mine? aa ect

A. Number 6, Muscoda. | se een

Q. “Number. 6, Muscoda? .- ~ en |

A. Yes, sir. ae Soy /

-Q. Mr. Palmer, what duties’ have you eaheausni there

with reference to the ore nN in Number 6 since you

_ have been there? :

A. Except: for two days, I have been a tnotor inspec-

‘ tor or electrician.

Motor inspector or electrician? .

And helper: That is a motor inspector's helper...

What’ position do you hold now? -

; ‘Motor mig Ng

How long have you been motor inspector? |

Oh, around—Sey tember, I think, in 1937,—Septem-

‘ber or October.

ane id

—

Q. _ September in 193% continuously up until May Ist :

ae this year? ;

‘A. Yes, sir. continuously. Oh, duit dick thins 1.

might have been demoted to helper, for a few weeks.

—-

me = “"°3128.

— . . '

_Q.- Now, what a are your dhities as motor inspector down

in the mines? ( —

A. Well, my regular~ dutios are ‘to take care of head-

_ing inspection work, that is, moving up ‘electrical’ equip-

‘ment when the face of the:heading is advanced, and

when that. work jis caught up to help the other electricians

on service lin¢és and breakdowns. 7m tegen

-Q. Do you have a crew of your own?” Tapas

A. ‘Only a helper... - SS ee

-Q. What time do you report there for—work, “Mr.

Palmer? ants

‘A. Are you wading to prior to May Ist? .

“

x |

-Q: Prier—ta May, Ist; Soo October 24, 1988, _Up- to ©

May Ist of this~year?———

A. I usually: got to the tally house around 6:25.

~Q: , Did -you go to the bath house first? -

A. Yes, sir.

Q. And then what time did 7” say you gor to the .

tally house?

_~,

eae | went, to the bath holes: abouit:! ‘six. and get i:

‘the tally house about 6:20 or 25.

Q: Did you‘ turn in your brass check? | -

A. Turned in’my brass check. ——°’

“* Q And then get your- carbide?

A. There was a time when I. first went there iain the o*

. carbide was kept at the slope. It was later taken down,

*“Rexthe bath house, EFS. ; a 3g |

~Q>- Who did you “work under?

There, was an electrician in charge of our crew.

¥ electrician in charge of your crew? °

Yes, sir.

POrEre

He had the same title I -, ‘motor inspector; for

a “good long while. — ~

a. Did you — to. him at the tally house?

a”

“What did you call him? . sca

ee eae eee Bare

A. No, sir. At the tally house I turned in my check:

or the tally house, fe

Q. When you: turned . _in ~ your "check, ‘what skip, did a

Yyou take?’ eet : Srp

SAL, - The first one I .could get on. | as ‘

Q “Then wheré did you go? | Pee

_A. \Gatereronn en e a hs

=n he man ner. station?” fo cees

A. sir.

Q Where did you go from there? ler

A. To the motor pit, ‘which was down the hill, »

guess, : .a hundred and fifty or two hundred feet. ;

Q. From the man unloading station?

A. You, ie -*.

Q. What did you do then? :

A: If there. were any locomotives come in and I didn’t

have any work elsewhere, I would. help: them ‘check them |

over to see if they were all right.

_Q. Where did you start. your work?

-- A’ If I’had any work to do oft in the headings, and

any material to take, .1 would usually wait until I got

an opportunity , to. go out there on a. motor:

' Q. Did you ever take any material down with you?»

A... How is that? si cay | :

Q. Did you ev ver take any materjal down with you?

A. Yes, ‘sir...

Q. Quite often or infrequently?

‘A. Well, in my case I. didn't. go often, but usually the

helper went. _ ‘

Q. The helper? . .

___A,- But the-helper went as often as two times, some-

-times three times’ a week usually twice each- week.

Q. Go where, Mr. Palmer?.

' A. They would go-from he bath house pe to the ©

material would come from ‘both places.

‘to the timetaker,. but I would see. him at the: bath ‘house ee

electric shop and then to/he supply house. Some of the °

Ua ee eee

. . Q. And bring the*material to the, mouth of the mine?

A. Yes, sir. The procedure we’ usually followed was

‘that our supervisor would tell us in the bath house what

; materials. that’ we had to ‘get and-:order: someone ‘to® get.

them. The helper would go by the electric:shop ‘and get

it out haridy to the truck, -and walk down to’ the supply

“a house * with the’ requisition. ‘The supply house was

opened at 6:30. We would get our materfals and leo t

past ‘the €lectric shop and pick up: those there. .

Q. Wher did you get to the top? 2

A. In that case the-last man trip had run. If it was.

not’ too late I would get a Skip right away. oe

Q. How long would it take you to assemble all that

stuff. you took there and get it down in thé mine? .

A. .It depended on the amount. = | suppose an average

* of ten minutes would do it.

- to-use TE—

‘ jn the man skip? 5 |

Q. Ten minutes?

A. Sometimes it would be a \pood bit more.

Q. After you got it_ to the mine, did you cerry it down.

A. Yes, Sit, because wi fact I was riding it would uke .

"e You would: carry it.on the ore or man skip? Rites,

A. It is the same vehicle, the same drag:: / ai oa

Q. Where would you deliver that material. under- —

| ground?

A. Take ‘it in to the motér pit where. we are “going

Q. What?

A — it in to: vad motor pit S\emad we are going

to use it: : ‘

°Q. Take it in to the motor pit where you. were going

. to OU me. ee =? aS Sar a WA “

“A Or keep it on storage.

Q.. How far is the motor pit from the man unloading

station? 3 ae

« a See

A... “Oh, I ‘should say a Hundred: and fifty or two hun-

dred feet. = -.

°Q. Would you take it directly to the motor pit?.

"A. “Yes, sir. : |

- Q. How did you take it, on a car?

A. In our arms.

. @. -In your arms?

A: Sometimes made two or three trips.

_Q. What time did your ‘pay start? -

A. 6:45. : Ri seck” Stine ;

“Q: 6:45? ao es:

_ A. | Yes, sir. ~ = ‘eas |

Q. You reported ‘at’ 6 o'clock and: did the things you

have described: between then and. 6: 45? © ;

A.. I have done that. in

Q. What time would you get oun ‘of the mine? -

AS ‘Well, the first man. trip would run about three

fifteen. about, and I would usually get on the first ‘or

ses second. I. averaged | about: the second one, I guess. .

‘ Q. What time did you get out ‘of the mine? -

A. I would say about 3:25. 5 ©

The Court::

What is” cand last — nt

| (The Withess: ere ela ara ee

I said I got out ne 3:25. ae ttl

The Court: °° ss ne ee

Out of the ‘mine?

The Witness:

Yes, sir. Ewen

‘Mie Court: 2S

About what time? :

—s 7

Scat : 2 | : n 3132 ; 3 = os : ey

"The Witness: ee! j A ei ae

About 3:25. Saat ante ae all yore

.Q. ‘That is it you w cabin the> first: tip? \

A, -First to the second, | se

. Q First to. the second? . ao

A. I usually. averaged hous the second. :

Q. That would. put : out about , 3: uae 4 ;

- A. -About 3:25, average. SO Bite Br rate Tie Ok eine |

-Q. What time "did sai turn on the juice down in the _ | ate

- ‘faine? Crea ee rane 7 Oar

A._ The ROO Ae are set ‘to be turned: on ae shiek.

It “is-automatic= “Fhe clock is “set for 6:15. i,

@Q.. So the juice is set. to “be turned’ on at 6: eee

> 6: 15 unless the clock runs et

Mr. Smith: os | Be Wee :

_I- believe that is al. ee oe Pereltt ss arene

Cross Examination. a rete eee Se

(By Mr. Hine’:

te Q. Mr. Palmer, how = have: you wane working for. +

the Tennessee Company? = 5 ail Jad Way

A. Since January) 1937. - pore aie ae aes

Q. Had you,ever done any_ mining work previous to

that? |

. A: ‘Oh, I did work for a while —less" than a ‘month for’

-Woodward Iron Company in 1926: : 1 tes

Q. Your mining experience Has. been extlusively, ‘you .

might say, with: the. Fennesses Company?

A. Yes, sir. © . e

; Q.. .And during: that time: your work ° has been motor - Cert

se inspector? - ier , e

A. Except the first two days-} worked: I worked with »

the brattice crew two days.

SS: Which is. the higher, motor inspector or helper? cone ie

, 4

eos pat teeta car's , ; uf,

ss you ‘worked

deposit your check. - that er +

| ate Ca as ea

IS a helper: and a motor il Ct | :

A. You mean, as—y du ‘mean the same electrician in

charge of: our: crew?’ “we

No, the. same. rank.

In the electrital department?

3 “¥es,- sir.

You. rank as an, electricisti: in the electrical Pr

enptorel:

- ment, and you draw your day rate on the particular. ”

you haye in that department?

A. Yes, sir. ;

ee You are now and for: some little time have been |

‘a motor inspector?

me ae have been a motor inneaae most of the time. He

Q. It ‘has been your ‘business to inspect these ‘motors:

_ to see-if they are’ in- shone? cles sah adat ete

A. That is part of my duty. — 65 8 ars es

_Q. What else do.you have todo? - °

A. Move up the. electrical equipment and lines in the |

Yes. .. weet My Ge Pies,

working places as they are ‘advanced, trolley lines, tele

phone lines, light. wires.

Q. Do you ‘Have anything at, all to do with the produc- $i

tion crews?’

A. Not a thing “except” repair the motors.

. Q Repair the motors? on ‘

A. Yes, sir. . =p

-Q. All right, sir., After you get your change. of clothes

at the bath house, as a usual thing, and I will come bac

, and ask you about the, details later,—I am just leaving

“that out ‘for the present;—as a tsual thing eu go to the

“tally house and *deposi our check —get. — carbide a id

A. That is. right. geet umes £

~ Qe~Them you ‘go down in the mine on: this skip, the.

same. kind of skip y bu have. been ae all, the time? |

a+ | -) SAE a ce —

A. Yes, sir.

Q. And bk believe ey say you generally caught the

first. skip? x |

A. You mean in going down? a a,

-Q. The first skip, I believe you said? - ; ee

A. No, I am usually pretty late in going down. I don’t

know how many trips had run before I went down, “but -

usually left the top about 6:20 to 6:25.

‘Q. "You got to the tally house, you said, after sited

ing clothes, around about .6: 20 or 6:25? -

‘A. Yes, sir

“@. So you are catching one of the late drags?

A. Yes, sir.

Q. When you get down—-get. to the bottom, how for

do ycu have to go to your..working place?

A. You mean the direction and turns I make?

Q. Yes, sir; you go about how far? ,

A. I guess abeut-a hundred and fifty or 200 feet to.

the motor: pit. .That is where I get my tools. .

Q. Is that where your téol house is?

- A. A box where I keep my. own personal | oot.

Q. Do you have a key to. that box?

‘A. Yes, sir. -

_ Q. Do you, as a motor. inspector, have a box?

A 7h, oe... Tepe ees

Q.. Does each motor inspector have . a vox?

A. Yes, sir, he and his helper.

Q. Then ‘the. first: thing. you do is go and get your

> tools? §— i WARe | - ;

‘A. . Yes, sir.

az Then where do you go from there? ;

“It all dépends on what kind of. work is being done;

ae is, Whether’ there are any headings to be moved up

_ or bonding the track. Sometimes we can. prepare a good

bit'of that in adv ance. That keeps me pretty: well busy: |

Ww array between times.

3135,

Q. What time would you usually say You get to your .-

tool box; just a. rough estimate?

A. -Oh, I should say around 6:30, _maybe a little be-

fore or.a little after,—average around 6:30, I guess.

Q. To go back, I want to ask you something about

* . the tools yeu get at. the supply house. You say you will

usually ‘meet the electrician ey. at the bath house?

A. Yes, sir. ~

Q. And if he wieile any per he wil give you a re-

quisition for them, or order?

~ A. No, .sir,—

Q. . Just tell you what he will need? ;

A. Mr. Powell usually writes a requisition if you need

anything from the supply - house. Electrical equipment

comes, as a rule, to the electric shop and ‘that is where

we pick it up. There are thing$ we get from the supply

house that are not tools, but materials and supplies.

Q.: Do you know what you need, or will someone tell

you? :

-A. He usually tells me what he has ordered.

Q. What he has ordered?

' A. What he has coming in. He orders it atid sees it

is down there. | cea

Q. It is, special material?

A. Usually. - : .

Q. Do you go and get it. yourself, or ‘send someone?

A. My superior does the sending. He usually sends

helpers. $3 ;

Q. Sometimes he. sends you?

A. Yes, sir. nie

Q. If he sends you you will go down to the supply

. house and get the materials?

A. If there are any. materials from- the supply house -

- I get it.

Q. ‘It opens at 6:30 in the morning, I believe you say?

“A. . ¥es, sir-————_-_. .

3136 ’

Q Do you take it up in a. truck to the entrance of the

mine? ;

A. Asarule. — ape Se ae

Q. How de you carry it down; on a laté drag, you

. Say? a ne |

A. Usually. 3

_ Q > They run an extra drag for you?

A. I am not.the only.one. There are others. .

Q. For those that are late they run an extra drag?

Q. And. vou take it down and take it where it has —

to go? ; . ; |

A.’ That is right. men 8

~Q.. You generally. get through with your work in the j

afternoon about what time? When I gay. work,:I_am not

talking aboyt coming out of the mine; [.mean’ your actual

work: as a motor inspector. -— :

_A. By that I am assuming you mean | with my. work

in the motor pit? ,

Q. ‘Yes;_when vou lock your tool box:

A. Yes. “I guess that would be ‘around a ener of

three to three fifteen sometimes. _

Q. ‘Any Where from: a quarter pt three until three

‘fifteen? eS ee

A. Yes, sit. :

Q Then, after you lock vour tools up, do you go down

* to the unloading station and catch the drag out? .

A. Yes, sir. However, I ‘usually. “go in there about

_three o'clock. : |

Q. You wait for thé first drag that runs about 2: 152. |

A. Thé first one T can get:

Q. There. are so many ahead of you at 3 o'clock you

can't’ always -get the first one?

A. Can't get the first one. . -

Q. By three o'clock the waiting — was 5 peatty. well

filled, was it? .

A. It was as a rule.

3137

Q- iow. many. will that place hold they have seats |

| «for there? Have you got some idea?

“A. I would-have to guess. There are two benches—

Q. To the°best of your judgment. | “

- “A! One would hold, I: guess, about forty men. The

“other might hold about fifty or fiffy-five.”

+i 2.8 believe you_said id you left your tool box

about three. I am not sure I “got. ‘that time right

A. About three. . ae -

Q. | About three, and’ you -would walk down there. and

get there about three what? :

-A. Will you repeat that, please?.

Q. - How long would it take you to go. ioe : your tool

box down to the bull pen, some of them call it? *

’ A. We call it the hoodlum.:

—Q - The hoodlum?

_A. About a minute. ;

Q. And when you get ‘here, you will find that many

ahead of you? — '

- A. ‘Sometimes. I would find ten or twelve, ‘sometimes

“one or two, sometimes forty, sometimes I would find -a

hundred. :

Q. And -you would catch the first dieeg if you could,

" and -if' you couldn't you. would catch. the first one you

could catch? x

A. That is: right.

Q. Now, your pay runs from—during all this time has |

run. from 6:45° in the morning until 3:15, with half an,

hour out for-tanch? , 3

_A. That is right. :

Q. And that has° been the practice. there ever since

you ‘have been there? |

nate

A. Yes, sir.

Q. TIT believe that is the only hie: you have ‘been to

amount to oe i

A. Yes, sir.

3138 —

'Q. So I need not: ask you about that. ae |

‘This tool box you have, you and the others, where you — gas

ut your indiv idual, personal tools, is that what you might :

fall your headquart ers? Is that where you go? ,

I A, Yes, sir. That is where we return. That is at the

motor pit. |

_» Q. . That is at. the t motor pit, and that is — -your 3

time starts, at the motor pit? =. _ Se Leas en of ce

' A. Yes, sir. cL aoa

' @Q. And you’comé back to the same place | in the after-

' noon and get there about three o'clock? eee

A. Yes, sir.

Q. You say you were ery ‘galitom sent, ‘but usually °

the helper was sent for these materials—

A. Thatis right: © . erates ; .

Q. —that they got out of the weeks house? 7

A. Yes, sir. ;

Q. And how honed did you say that happened

” that anybody was sent‘out for them? .

A.. Two or three times a week.

“Mr. Burr: se. ae

That is‘ all. ah ae sf

| oat Re-Direct Examination.

. (By Mr. Smith):

Q.. Let me. ask you ‘this: You have contacted your

superior before you got to the tally house?. _ :

A.-. Yes, sir. I see him in the bath house every day in

the world. We change side by side.

Q. You discussed the day’ s work? .

Mr. Burr: : Bd

Don't lead him. | ms

' A. Yes, sir. -

3139

Mr. Burr:

As fnuch as i like you, I don't want you “ testify,

- Mr. Smith:

That is all. By (fae ees

(By Me. tp ——— a ee

Q. You stated about a change of classification »—you

didn’t have electricians; you had motor inspectors. When

was your change of classification?

. A. It took effect, I think; June Ist.

be June Ist this year?

A. 1 think so.

-Q. On how many different types ‘of. work did they

change the Classification out there?

A. There were a good pany. I don’t know how many.

Mr. Harris: sae

A great.many. That is all.

ie ics

“Mr. Burr: ” | ree

That is all.

(Witness excused.) nea 7 ‘ :

Mr. Smith: .

ie John White. “

_ 3082 JOHN WHITE, being called as a witness, and

_being duly sworn,’ testified as follows! -

Direct Examination.

(By Mr. Smith): 9 - Aes

Q. Your name is Mr. John White?

A, Yes, sir. ra :

3140.

~ Q. How old are you, Mr.. White? aus. eat Se ee

* A. Forty-seven. te : :

cs Q. How tong have you been in the o ore 1 mining business?

Ri —A._ Since March, _ Val ;

__... ..—_-@ Since > March, 1923? =

A. Yes, sir. Po ase ee

Q. Have you spent all that time with the T. C. 1

: A. Yes, sir. _

~-Q. At what mine? _.

A. Ishkooda, Number 13. ;

_ Q. Ishkooda Number 13”: :

A. Nes, sir. ;

Q. . All your mining experience, has been in that one 5

mine? 3 Vas

A. That division. a

~-Q. That division?

_ A. I have worked some at Number 1.

- QI sea What position’ do you and now? .-

A. Head miner. - ~ =

-Q.- Head miner? And how ‘owe. hie: you been head

miner?

., A. Well, I ie been Head miner r before they changed

the name. - They used to call i ‘it. section foreman,—about

'_ fourteen years. es

Q. When did they make the. gti abe

‘A. - About: 1936, I believe. -

Q. “About 1936?

A. .Yes, sir.

‘ me You have been’ head miner all the time: since Octo-

ber 24, 1936, up to May ° Ast this year? .

"A. Yes; sir.” -. : ms ie

' Q. ‘Head miner all the time since October 24, “1938?

A. . Yes, sir. ~~

Q. At Ishkooda Mines?

_ A. Yes, sir. | .

Q. Mr. White, what time ;* you nos to the mine in :

the morning?

< \ “gs ee

~\sna

At six ‘o'clock. ote

You go to the bath .house oem, i ‘believe?

Yes, x -

And fronyt there to. the tally. house?

Yes, sir, - a oe

And when you say six ‘o'clock, Sa mean you hang °

up your. ‘eheck?

A. Hang up my check at six o'clock: : :

Q. Who do you report to when you ” to thie my

house? |

‘A. I hang up my check and get oulsidle the tally house

and‘check in six men. I work six: men. |

"You check them in yourself?

Yes, sir.. .

You are’ the head of that crew?

Yes, sir. |

“What do you do after you check in your men? |

After I check in my last man I catch the first skip

I can going underground.’

Q. You catch the first = down?

Ah. me Ws eo

QQ. De: you come in contact with’ the mine foreman

or. assistant mine foreman— :

iad

gperere

“

A. Yes, Sir.

Q. Before you get on the ‘skip? -

“A. ‘Yes, sir. ere

Q. Does he give you any cntenn there? - | as ct

‘- A. Sometimes he doesn’t and sometimes he does.

Q.. Suppose there is a vacancy in-your crew—.

_. A. ‘I confer with the mine foreman and he gives me-

a man. : :

Q.: After you complete your crew “a coriferring with

the mine foreman, you get on the skip?”

_ A. Yes, sir. :

Q. Do you carry any material. down on that skip?

: A. No, sir.

You do not?

No’ sir.

Where do you get your material?

At. the underground supply house. »

At the supply "house? —

. Yes, sir. sea

- How far is that from bs underground loading sta-

tion in the mine? ;

_A. About 200 feet.:

Q. About 200 feet?

A. Yes, sir.

‘Q, What material do you ind your crew get there?

“ A. We get hangers and wedges and C- hooks and jack-

hamimer steel...

~Q. Where do you Carry those?

A. Sometimes, if we need them tight at. once, we .

carry them into the heading, and if we don’t need them

_ we leave them at the nuck for the motor to bri ing. up on-

_ the’ first, trip. | .

Q. How far.do you. ‘have to carry them? ”

A. Somewhere near 300 feet, I imagine. -

Q. What time do you start ‘actual operations down

there; that is, commence cipher a ore?

A. 6:45.

.Q. What. do you. ‘do when you get to your place at.

6:45?

4 go irons: all ‘ie: peer place and see every-

thing is safé the first thing. 4

--Q. You get there before 6: 45 at, your working place?

‘A. No, sir. I get in there: at 6:45, and go —— all .

the working place, and see it is safe. i ve

« Go through all the working place ard see it is safe?

Yes, sir, in ‘my heading. :

. Who goes with you? Pee

_ The drill men. :

Do you use any powder and sil down there?

rererere

OPOPe®

3143‘ - ae,

Use. carbide.

~ 1 mean oil in the drill?

' Yes, sir,. use oil in the driil.

Arm explosives, —

-. Yes, sir. pen Bete

Where do you get that? ‘a paee ami

At the underground magazine. ,

_When do. you get that? .

We get that along in the evening itfore mavii

. send. the drill helper after it. ee

Send the drill aaa after it?

| Yes, sir.

Before shooting time? 7

Yes, sir. pie 4

Now, “what, time do es ‘shoot down there?

. 3:15. | .

3:15? What time do you. start out of. the mine, get.

of the mine?

e All the way from 3:30 until 25 minutes + 4: 00.

Q. 3:30 to 4:00? ;

- A. Twenty-five minutes‘ to 4:00 depending on \w

skip’ I catch coming out. ,

Q. You are paid on. an eight hour Shift commencing

at 6:45 and ending at the end of eight hours?” me. oF

A. Yes, sir.

Q. You haven't been gue for any travel time, I be-—

@ieve, ‘since you -have been- there?

A. No, sir.

aorerered perereare>

what

“Mr. Smith: 3

' Your Honor, I am going to make: this. short. ‘There

is a lot ‘of it ‘duplication, and I ‘am not going over it.

The Court; ’ i ae

All right. |

~ 8144

Mr. Smith: ;

I think I am 1 through.

Cross Examination.

: (By’ Mr. Burr):

Q. Mr. White, . has all your mining experience been

at. Ishkooda, did I understand you. to, say?

A. All the’ ore- mining : experience.

Q. All the ore mining. ee:

A: Yes, sir.

Q. -That towered” a ‘period of whint time?

A. Since. March, a ot " o

Q. Have you had any experience in other mines than

‘that, other. than ore mines?

Ma\ Harris: ; .

Wa object to: experience in | other mines than ore mines.

The Col

He can vesk if he had experience.

- Have you?

A. I have had experience in one » coal mine.

Q. ‘In this- same district?

A. The same Birmingham district. 4

Mr. Burr:

I want the s me exception—I- assume you will object.

to the coal mines, Mr. Harris?

3 id - . -

Mr. Harris: fs

_ Yes, indeed.

: i

The Court: : neues

And'I will sustain the objection.

~ oy: Mr. ‘in i ;

, And the same seinen I propounded to the other wit- ~

3145

_, eee

nesses along. that line, ala Honor.

; The Coat: Sat

OE RG ee ey ee ee

Mr. Burr: :

_ And the same _ '

. H

Q. Now, Mr. White, befere.: ‘you were a “head ‘miner

you were: a -section foreman?

A. . Yes, sir.

Q. That was the same job pant Wee a different namie?

.A. Yes, sir, under. a different name.

Q, ‘The: head miner acquired that name after thiey put -

the incentive plan in; and he commenced sharing in the

production if he reached a’ certain point?

A. Yes, sir.

Q. And I will ask you if it hasn't heen true, since”

‘¢

.you have been connected with the mines, wherever you

have been connected with the mines, the men have always”

had. their time comButed and paid ona face to face basis?

_A., Yes, sir.

. * They never have ae paid, ta your ; iekeienee on

any portion of the traveling time. in going to and from

their places of work? |

A. No, sir. —

Q.' Now, the same conditions in hinmee's to depositing .

.—getting your bath—I mean changing your clothes at the

bath house, and getting your carbide, and putting your -

chetk in at the window and. going down and going to.

your working place has substantially been the same over

all these years that you have worked ee

A. Yes; sir, |

Q. The checking | in you ‘do, both at the top and coming ©

‘ out,. you deposit your oadee, your check number?

ieee

. Perens :

; @

| .

3146

' How is “that? .

~ Q.° You deposit your check number as you go in?

AS —Yes, sir. . ae ;

Q. Then you said. if aes was a vacaney in your ,crew

. yoy would ask the mine foreman sometime for a particular ~

“mine; is thaty the may I ‘anerytoed gia a

a. Yes, a : :

. Q ‘You ‘would know a 2 good man “and - ‘would ud for

him?

. A. .¥es, ‘sir.

Q. And he would, if he indi get him, send him down? .

Pgs he .was available he would give. him to you? —

A. Yes, sir.. a

» QQ. Would. that man join you right then or would he be

: sent. later? © : ~

A. He ‘might have already goné down and they would

' have to send ‘him ..word.. : |

oe. - Sometimes he might be at the top nd you would

get him then? ; af

"A. Yes, sir. ae

Q. You would agcertain at the is whether you had ioe

full crew? :

A. _ Yes, -sir.

, Q “Would you take the checks of the men ry deposit

them yourself? = -

A. I .took’ them direct’ :from the men.

_-Q. ~You wanted to know whether your crew was’ 5 there?

A. . Yes, sir.

'Q. You took them, there?

A. Yes, sir.

Q: And the other head miners did ‘the sdme thing, you as

say?..- [th

A. Most of - iam did it the same. ay. ,

. Q. Some of them: did it eierentiyt

A. Yes, sir.

bs Did yeu go down with all your ‘wer

ee abe ae Bi er

A. No, sir.’ :

- Q. Did you go ‘afterwards or eonwe that time?

A. The last one I would check in, we would catch

. ‘about. the same trip. % ‘ fs

~ Q. When, they got: to the- bottom, would they go on..to

— the working Place, or -wait' for: you? — | ee

_. A... They would go up to“a distance of about 200 fect

where we keep our lunches and wail forme.

" @. And then you*went up together?

A. I would go in front.. ° /

— . And you wouldn't let them g

. spected it to see if it was ‘safe? | is

in uhtil you in-

A. Yes, ‘sir. ay

Q. ‘And you started working about 6: 45? Te Fs Pe.

A.’ ’ Yes, sir. th oe

Q. And work went on inthe usual way throughout the

day until the shooting time?

. Yes, sir. .

And you shot. at writ time? iv oA

3:15. ae mt . See

3:10 or 3:15? .

3:15. eh .

‘Did you’ sic wait till'3:15 to shoot or sometimes tg

t before? : Ay / by’

Might be a minute or ‘two. Rae. ces

Did your men : stay until you vad

Those that were necessary did.

‘What was necessary?

Drill man and -helpéer.

. And the others left? ;

Yes, sir. £1

What :time did they leave?

Just béfore we shot.”

And, which ones left?

.. The motor runner and two section helpers.»

That left three others? —

aeons PAE evccpirG ity

3148

Yes, sir..

A. : x,

Q. .They could. go ahead dwn to the hoedium?

A. Yes, sir. 3 |

Q. Now, then, I believe you told Mr. Smith that you

he didn’t take any tools down with you on the skip at all?

_ A. No, sir.

Q. Have you been riding down on the same skip all

. these years? .

‘A. Yes, sir.

Q. The same kind of skip; I mean?. .

A. -¥es, sir. os ee

= Q~ And your men have been riding down in the same:

skip? » : u

A. Yes, sir.

--Q. You are in control of your men, of | course, , while

they are at the working place? -

Yes, sir. , “af

You. are the head?

Ves. se fi os

You are the boss? . =

Yes, sir.

While you were. up in the regular working place—

"have a regular time to ‘Send for poet

Yes, sir. j

That is always during the shift?

Yes, sir.

‘About what time do you send for powder? '

About 1:30 at that time. rua

- Do you send one man or.two’ men for the powder? -

At ig according ‘to how much a am going to use that

ticular day. -

You are the judge «. that?

Yes, sir. esi

- How do they bring the powder down there?

They have a powder sack.

Is it made for.that purpose?

nerbrerierererd

part

DrO>o2

proreper

3149

A. Yes, sir. -

Q. Hung over their shoulders?

A.. Hung over their. shoulders. —

Q. -It is not a crocus* sack? ‘

A. No, sir.

Q. I don't believe’ you pay for the powder, but in the -

earnings you gét a credit on the amount of pone you

use? .

- A Yes, sir: ;

Q. Something of that sort?

AL. Yes,-sir. |

Q. That is a part of your incentive éarnings?

A. Yes, sir.

Q: Of course, you have to send at a reguier time for

- powder, but if you run ‘out of oil or drill steel. gets dull

. or the drill should break, .anything of that sort, have

you got the authority to send one of your meh down to

look after anything like that for you?” v

A. Yes, sir. | |

-Q. And you do that when it is hecessary?

A. Yes, sir. .

Q. Now, you. mentioned as the only. kind of tools that

the men sometimes piek up at the underground - supply

house, I believe you.calf it—

-Yes, sir. © “ .

That is an underground tool house, is it?

_- Yes, sir.

. That is located about how far—

About 200 feet, as far as I know. -

—from the underground nating station?

Yes, sir. *

In going to your working place, you and your men,

do you walk by that place? :

No, sir; ride by. it.

Q. Do you ride up to your working place?

-A. No, sir..

Q: When do you ride by it?

+ es 8150 i ae

Coming down - on the skip.- ; | pa ie .

The ner gronne loading. station is further down? | fone

Yes, Sir, |

—

Se, when you go. up there you go up to that place-

‘from where you: get off the skip?

A: Fea ok: Os

Q.. Now; you, say. in accordance with your preference,

if'yeu pick up.any wedges or hammers,—I don’t mean —

hammers,—hangers,—is that What you said?

‘A.’ Yts, sir.

Q. Or -hooks?

A. YeS sir.

‘Q. In accordance with your preference you carry. it

up or-have it sent up hy ‘the motor?

ae If we need it right out at the start of ‘the shift we’

wil! carry: it; otherwi ise, we will _—— it for the motor

“to bring it up.

Q. And they bring it vr, to “thle heading? ee ,

A. Yes, sir. - . , | °

Q. And_ they will bring ae time you. want them

to bring it, won't they, Mr. White?

A. Yes; sir.

Q. That is their duty, and whenever you want-them to :

bring it,

A. Yes, sir.

Mr. Burr: ;

' That is all:

Re-Direct Examination.

(By Mr. Harris):

Q. Are the general conditions as to the height of the ©

roof in the main slope, main haulage“ways, the man ways;

the walking ‘conditions, the trolley wires, the same up to-

3151 :

the. present time that thin have been sincé around Oc-.

tober’ 24, 1938?

A. Well, all the places I have been in, sir.

Me. Harris: ° a Mecten v

That is. all.

Re-Cross Examination.

(By Mr. Bare):

Q. Mr. White, is it your duty as head miner, under

the rules, ‘to report at once any, injury you. may have.

received or your men: may receive?

A. Yes, sir. . | pata

Q.:: Since you have been working. there do you recall

you have had to report any of your own’ injuries that

have occurred, dit ther on the skip riding down or going

to: the stope? i am not interested in injuries in the meet

‘A. No, sir.

Q. ‘Have you ever: reported any for any of your men?

A. No, si... .

~The Court:

Mr. White, I want to “a you what time dip you check

out at migntt

The iene"

has ranges from 3:20 to 25 minutes to four.

: The Court:

I can’t hear you.

‘The Witness: a

From’ 3:20 to 25 minutes to four. It is according to

what skip I catch coming out: Sometimes [ get out on

the first trip and sometimes I catch a later one.

3152

( By Mr. bine’

Q. The extent of. your checking out is just eestmng your .

badge? ;

AL. Taking it off the board.

-Q. And going to the bath house?-

_ Mr. Burr:

That is all.

Mr. Smith: es . | ar

That is all. Set ones Ae ae

(Witness excused. )

The Court:

I believe we will adjourn.

Court. will adjourn. until 9:30 tomorrow morning...

(Wteedabitm. 4:35 P. M. July 29, 1941, an adjournment ~ ¢

was had to } 9:90 A. M., July 30, 1941.)

ar ee July 30, 1941, 9:30 A. M.

Court met pursuant: to elieteninnai:

_ The Court 4

Who will you have?

Mr. Smith.

James Knox.

, 3153 |

3097 + JAMES KNOX (c), being called as a witness,

res and being duly. sworn, testified as follows: .

Direct Examination. -

Mr. Smith):

Is your name James Khox?

Yes, sir.

How old are you?

Forty-five. .

James, where were you. raised at?.

I was raised in Georgia..

Raised in Georgia?

Yes, sir... ~

_ How long have you ‘been in ‘the mining business?

_ About seventeen years. s

In the ore mining?

Yes, sir.

Where have you been wotking most of a! time?

No. 11, Ishkooda division. 3

No. 11, Ishkooda division. How — have you been

king there? :

Right at seventeen years.

Been in the ore mine seventeen years?

Yes, sir.

What job have you got in the mine?

Drag operator. |

Drag operator? a

Yes, sir. eat oa

When you get to the mine. in the morning where

do y you first go when you get there?

‘A. Go to the tally: house, what-we call. the tally facie:

Q. You go to the bath house? _ :

A. Go:to the bath house, .yes, sir.

-Q. What: time-do vou get to the. tally house?

A. Usually get there—well, my time is usuaily ‘about

a quarter all Six. :

“wo

grrerererqer

‘POPe

Pri

>. &

elle

sok eh ial

»\

3154

. Usually about a quarter to six?

ae, a. *.... | ee

What time did. you hang up your check? |

What are you speaking of? I think I can tell you.

or to, the change-what time?

From October 26, 1938, up until May 1, “41.

What time I hung up my check? -

¥es. age

Usually ‘check in at the time “I got. there.

A. quarter” ‘to six?

Yes, sir r,aboutthe- time I got there. =

“Then what did you do? .

Wait for the drag, ‘the man drag. 3

Would ‘you have anybody, there that. you Ww rked

er that you reported. to? ocr ee

That I worked under? en

: Yes, who was your boss? bebe cur cas -

The ‘mine foreman would be Ma.

The mine foreman would: ‘be there? ;

And the head miner would be. there.

You worked directly’ under. the head miner, ‘did:

Would you report to him?

Not at the: tally house.. Seas sf

Where would you-report to him?

Underground. -

- You reported: to him underground. Who did-you ..

‘9

report to at the tally house?

A. The mine foreman or the assistant mine foreman.

Q. The mine foreman or the assistant mine-foreman; _

avould they te]jl you ‘where to ‘go “or what they ‘wanted

vou to do? ; ‘el

A, .No, sir, they douldd pan hang my brass and I knew

what -to do. Gane

Q. Just hang your brass? |

"A.. Just hang my brass.

3155

Q. Did. you carry.any material down with you?

A. Before I was drag operator I would carry hangers.

or anything like that, jackhammer steel.

Q.. Carry hangers and jackhammer steel?

A.’ Yes, sir. aa '

Q. What else? .- \

A.” That-.is about all that I would cary Je +l ee

Q. What time would you catch the d drig “going down?

A.. The man trip going down, you mean?

‘Q. Yes. ;

A. About ‘six o'clock. ~ >. - ye a |

Q. Then you would go down to. the an loading sta-

tion, would you? - ,

A. ‘Yes, sir, 3

Q. Now, from the. man. loading station where would

you .go?

A. Go to the hill in which I worked.

Q. Go to the heading in which you worked?

A. Yes, sir. —

Q. Would you carry alateg’ from the man ening

station to the heading?

A. ‘Usually you get it at the tool’ house:

Q. How far'is the tool house from the man loading

station? .

_ A. Well, ‘it is just two. headings doin: I don't know

the distance between them. ‘

Mr: Burt: ;

, What?

‘The Witness: . eaan igbee

. Two headings down from the man loading station. .

— -

————

QQ. Two headings'd down?

A... Yes, sir.

@. About hov’ far | is that, just approximately?

3156 |

_ ‘A. 1 guess—F don’t sence know ‘the distance between.

the headings. If I’ knew that I could tell you: how far it

was.

— Q. Just how far it was in your best judgment? _

A. I would'say about one hundred and sixty feet.

Q. About one hundred and, sixty feet?

‘me Something like that.

Q. And that is where you got your tools at?

A. Yes, sir. |

Q Now, would. you and: your men | carry your teams

Pet ‘that: place?

‘A. ” Well, now, some of the: men carry different things,

according fo what they. were to do.

Q. What would they. carry ‘ordinarily, just as a gen-

eral thing? a

A. Hangers, jackhammer steel, wedges, Ee

— Q. Wedges? : soe

A: If you needed the jackhammer von would get it. 7

Q. You would carry that to what plaee?

A. The heading. ;

@. Where you. were digging ore?

A. = Yes,-sir.

‘How far did you have. to walk from that tool house

to the place in which - worked, ordinarily?

it was around, Ey would say, two thodsand feet, probably:

i Around two. thousand feet?

’ A. Yés, sir, and maybe five hundred.

Q. Now, when you got to the heading what time were

you supposed to-go to work; .go on up?

A. A quarter to’ seven. : “

Q.. A quarter to seven? ~~

A. Yes, sir.

_Q. That is the actual place of. work; swhere you pic«

up your tools and go to mining ore?

“ That is right.

-Q. . And you report there at six o’clock and start the

- actual. work at 6:45?

3157 rs, E Sue :

A. That _is. correct.

- Q. That is, the ore operation? eae eek a

A. That is correct. — | a @

Q. What they call the. face of the mine?”

A. Yes, sir.

| Q. Now, that mine there, are’ you going ‘downhill or

| .- pphill?

3 A. What do you mean, i the entrance in which I

work?» or eons

-Q. Yes,. going to asad eds the man loading

station. sta

A. You go down. I would go down, I’ would say,

probably right at a thousand feet down. Then I turn and

go out that way, 0 * ss

Q. A thousand feet down? |

A. I ‘turn and go out’ east then. I go east practically

level. I don’t go down. bat

_ Then do you turn again?.

When I get to the place, the entrance wlan I work,

it is just ‘a small place to turn then and go rapesgss east.

‘Q. Is that uphill or: downhill?

.° A. It is upgrade. ° .. ;

Q. Upgrade. Now,-coming back, when you get through

there you.come back the same way? }

eh A. Come back the same way.

| .Q. What. time’ did ee ania: ‘back?

Q. Practically level?

A. Yes, sir..

-. Q. About how far? Pax

A. The sanie distance. ie

‘

A. About. 3:10. .

‘Q.° What time did you get to the drag. Loaitiee station?

| A. Well, I couldn’t say exactly about what time that

I would get to the loading station, but I usually aid there

time enough to. ride the. last drag out.

; \ ; | 3158.

7 sually got there in time to rite ae last drag out?

re last man trip out.

: What time.on an smnee would you get out to the

tally station? Raat

About fourteen minutes till four o'clock. :

About fourteen minutes till. four?

Yes, sir. — ee

And you. were paid for eight hours?

Yes, sir.

Fas

borbre>

smooth? ?

‘A. Well, in some “instencesyon the left ‘side we have"

“just a small manway down, which is pretty fair. On the

right side, it is slippery ‘as‘you go through. ~

QQ. ‘Did. you get wet there at times?

A. Nothing but your. feet. °

- Q > That is what I am. alking about, ‘the 2 walkway.

A, Yes, sir.

: Q. The walkway gets wet? NC

A.: Yes, sir. ie Mie

Q. Is she trolley -line, asittes line, ay rhead there?

. ‘After you leave the manway going down the haul-

ageways why the. trolley line runs there.

~ Q. That man trip that goes down, how:

do they ‘carry on it?

‘A. Well, right at thirty, guess, OT hint sme

where in there: >

Q. Now, who has. charge of filling up. that man\ striv: - |

when it leaves the face and the portal of the mine, when

they load, up there, who oversees that? : \

Bee When they are going down? ‘ P aa

Q. Yes. ? Bhs

A. Well,, the skip tender.

Q. The skip tender? - ; ——

A. Yes, sir, he usually pttends to it.

Q. « Who usually oversees to the unloading when it 4 sie

down tor the man loading station?

. /

How is the traveling there underfoot, is it rough or °

3159

Bates A. ‘The skip tender;

' .. @Q. = Now, coming } ‘back in the evening who oversees s the

loading? tae Sper, Ue

A. The skip tender. - ; re

— Q. Does ‘he indicate. how’ many men should get in

there and when to pull out?

A.’ Well, he counts them out. ‘

Q. Counts them, out?-

A. Yes, sir.- ;

Q. | They are tn different places there? .

A. Yes, sir, the. white folks are. én the right. side over

here and the colored folks are on the left side over there:

What they call the pull sce : Le ae

; Yes, sir.

: Yee They go in the gate and ” on the skip?

Yes, sir.

And he gives the signal to 8, out?

Y@s, sir.

What about your oil, where did you get <i oil?

Got it at the oil house.

How far is the oil house from the place you work? .

About the same distance to the tool house, on the -

left “side.

~Q: Right .near r the tool “a ce

_ A. Yes, sir, just’ across, the tool house’ on ‘the right

and the oil house on the left. Ae

~Q. How did you. ite seal oil yp to the place, you are

“drilling? _

A. Carry it, .

Q. - Who took the can back? aes

. A. You keep the can until it gets empty and you

-*\. carry - it back.

- . Q -On the first trip you get a fresh can?

A. Well, if you. need it between times you go get it.

Q. - Now, ‘when you. ‘get: up there at~ the tally: house

do you go on down ‘to the bath house?

2>ororerorel

+ ae . *

Ae. oe

MM do >

' Yes, sir. . ; f :

_ And change your amet ‘ee

Yes, sir.

Your working clothes? m.

‘Yes, sir. . mn )

Where’ did you get your’ ‘carbide lamps? :

We have our lamp. We keep our own ‘lanips.

You: keep your own, lamp?-

But we get our carbide at the tally house.

You got your garbide at the tally house?

Yes, sir. , %

Do: you report to the man in ‘charge of the skip. ;

= %

jorOPOnePoror

there?

A.. Well, wicheck in'and get your caittbiie and then

‘you go there ready for the skip about six o’clock and about

‘six o'clock you catch that skip.

‘Q. About how many men did you say went ~—— on.

! the drag? :

_ Take the witness. |

A. Usually, I would say anywhere from peenity latet

to thirty-twot

Q. Anywhere from twenty -eight to thirty-two? :

A. _ Somewhere along there. .

Mr. Smith:

a |

Cross Examination.

(By Mr. Burr): a aN Bice. “he

Q. James, all of your mining experience has been at °

Ishkood, has it?’

A. Well, mostly. I vials just a short time out : at oo

Bayview; before they ever ad ‘to any coal, just a short

time.

Q.. With the exception of the short time you worked—'

_ that was when they were developing — for a coal.

mine? ; nd

" . x . «

. . -

Soe PREM aN Pal in Ce he cee se. Sh S

SLY Laat eh eee PS | |

p “i ae wr

» - 3161

ie ee ! re genes | ae? as

> Q. With that exception your mining g experienctas

; been— ages re go ae

: - A. In the ore’ mines. es Va ii

Q. The Ishkooda: ore ae eee Sas

. A. Yes, sir, Ishkooda.

. @.° And you have been there es nteen years.

A. Right at seventeen years. .-

Q. Practically spent your working life in those mines?

- Well, practically. — De taf

| Q. . How old were you when a started to work in: the

- mine?

‘A. Well, nei I first started to work in the mines I

* an around sixteen’ years old. “ie

i I.guess you have worked at— « :

Teen a _I have’ other times ,since then.

nderstand that.. You have been working off ‘and

‘on’ ay you were sixteen? | .

A. Yes, =.

Q:. And been working. siatned continucusly. for the last -

severeen years?

: os A. Working regular. us

; _Q.” ——. regularly for the last seventeen years?

A. Yes, sir. ‘

Q. ‘Ever sinee you- have ‘started working | in the mines

you have had different jobs, I guess. You started, prop-

si ably, as a anule driver?

ei No, sir, I never did drive ; a sia.

Q. When: did you ‘start in as?

Oe started. in as a track hélper-

—____..' Q, You are now, what, a mechanical loader?. .

A.° Operator. aie 3 pe reaee Saran,

@ Opereta?. =. eat ear

ae, ae 5 5 ee

Q..

That: js the ‘fellow thiit “operates the mechanical

loader in the: stope?

‘en Weer ‘ ie: :

3162

Q. And vou have been at ihat how long?

A. .Well, I have been doing “that neneny eVer since —

1937. . a

Q. Well, ever since you have been working in , hase

mines you have been paid on a face to face basis, haven't-

you? You have never been paid for ne:

A. Been ‘paid for traveling? | ars

Q. Never have beeh paid for meatal

- A. No, ‘sir.

Q It has always been you ware from the time you

got to. your working” place until you left the workirig:

place, either” eight hours*or nine hours, wenpergt hap-

pened to be in vogue? ~ -

A. That is the way I work.

Q. And that is the way every body else worked, so far

as you know?

Mr. Smith: -. | eats Ol ical a

so We mah ai . He can’t know. what everybody else knows.

* Mr. “<ul

J said so far as he ‘knows.

The Court:

“Qverruled. ‘So far as. you ‘know:

Sones (see

Q. That is a fact, isn't it, James, so far as you know

‘that is the way every body has had. their time computed

and paid, on the face to face basis, not counting traveling

time?” \,

A.. Well, I fiave: only been outtiais ‘paid for eight hours.

7 'Q. Well, that is. true of everybody else you know, isn't

if?

eo.” Well, so far as I know anything about, i have only .

“been getting’ paid for eight hours.

Mr. Smith: 3 : | |

You havé been in ten hours. Pais bee

‘didn’t it, that is right, isn’t it?.

3163

“The Witness:

I have been in there leavi ing at six aesere and get back

on top at—

Q. When. you were—

‘Mr... Harris: °

Let him answer. |

Mr. ieee” F |

I thought, T was cross exami ining the witness. °

The Court: . ae eta

He is cross examining him. |

Q. When you were on a ten-hour basis you were paid

for ten hours, weren't you, James.

A. Well, I suppose we was. In other words, we usually.

go down.at six o'clock.

. Mr. Harris:

Let: him finish.

Q. Had you finished? . I don’t want to interrupt you.

A. «We usually go down. at six o'clock. —__

Q: I am not talking about, when you went down,

James. I am ‘talking about when you*came out. What :,

you were paid for when you worked ten hours, you were .

underground more than ten hours, weren't you; when you

got ten hours pay? ayes

A. I don’t know that we were in there ‘much | eae

than when we, went in at six. o'clock. °

Q. Well, the eight-hour: day went in effect - in’ 1933,

A. , That is correct.

Q. ‘And since then you have been’ paid for your eight

"hours at the face, not counting. your traveling time?

3164

A. Yes, sir.

“@Q. Now, as I understand, all a this time since you

have’ beer in the.mine you have always gone to. the |

bath -house : and changed yee clothes, that is the first

‘thing you ‘do? ;

A. Yes, sir; that is right. .

@. Then you go over and get your carbide?

A. No, sir, we leave the bath house and go by. the tally -

house.

Q. You leave the bath house and go by the tally house

and get your carbide? |

.. A.” Yes, sir.

~Q. You buy your carbide?

A. --Yes, sir.

Q. And. you get it as you need it? .

A. ‘Otherwise, the tally man, we call him, issues . the

carbide to you. :

Q. He issues it to you and eas it to you?

A. That is. right.

Q. And you get it: when you need it, the carbide?

A.. That is tight. |

Q:- You don’t need the carbide every cay?

‘A. That>is right.’ ! ;

Q. And, all you do is that you turn in’ an. ee can

and get a full can?

A. That is right.

-Q. And it has always. been that way ever since you

have been working?

A. We have been buying it.

Q. That is what I] mean) you have, and other people,

the other miners, you see. them doing that same way that

you are doing? ai .

A. That is right.

Q.. I believe you said ‘to Judge Smith that you didn’t |

report to your boss, the head miner, until you got under-

ground, that is right,. isn’t it? »

3165

A. That is abe I report to him. ‘Some of them usu- |

“ally checks in‘ to the head miner. ;

Q. I am: talking about you now. You just tell what

sie did. By checking. in you mean handing in the check?

‘A. Handing in the check.

_ Q. That is everything you did in the way of icine |

in, you handed in the check and ook it up as you came

That is right.

- Then you went on down on the skip?

. The first man trip. .~

Did you always catch the first one?

That is.right. I would ride -the first man trip..

Did anybody :.out : ‘there ever catch =. skips ex-.

cept the first one? | \ |

A. Well, they had to. Everybody couldn't ride the:

"same. one. ea

Q. Thirty or thirty: two rode a skip?

A. Somewhere along there..

-Q.. And when you: caught that. man trip you rode on

down to the unloading station?

A... That is right. : ;

Q. ‘And that is the way you have been dotne ever

since you have been working ds a miner there, that is —

‘right, isn’t it, the same way? |

_A. That is right..

Q. Then after you got to the bottorn of the skip why

,you went up to your working place, walked up there? r

_ A. Go out to -your working place.’

Q.. The stope. And that is where you reported’ to,your |

head miner, at the stope? ; °.

A.: That is right.

— :Q. In other words, the head miner “might not come

down on the same skip you came down on at all; he might

prererke

’ . come on.a different skip or some of your crew ‘might come

on a different skip; you didn’t have to take ~ particular

skip?

3166

A. All of them’ usually—

Q. I am not talking about what all of them usually.

* did. ‘ I am talking about you. When-you rode on that

“skip that you usually toak, the first Skip, did the head

miner ride down with you? '

A. Not always. | |

Q. And some members of the crew did?”

A. Some of them might and some might not.

Q. Some of them might and some might hot. That

is what I am getting at. ~ When you got-to the stope

where you work the head miner would be there or r he

might not be there, that is right, isn’t it? |

A. He usually got there shortly aftérwards.

Q. Weil, when you got there he usually wasn't there;

he came shortly afterwards. Was all. of your crew there

when you got there, or did iney come in at different times, —

to 6:45? : ;

.A. They came in. just as the drags ‘came in. *

Q. The juice was turned on when?

» A. A quarter to seven. .

QA quarter io seven is. when the: juice was tarned *

on? .

A. That is right. |

os Now, you say that the oil magazine or drum, T

believe you say ‘they kept oil in a drum, didn't they?

A. A great big can. —

QA can?

= A That-.is right.

~ Q.. They’ call it a drum? Kime :

A. . That is right. ,

Q. You said when they wanted oil that you have to > get:

the oil; was that a- part of your job? ;

A. If k used oil for my: motor I got my own oil.

.Q.. If you ‘wanted oil for your motor vou got vour ow =

oul? ,

« 3167

A. Yes, sir,

.Q. Now, you said if you. wanted it. betueei times, that

Pe is, between getting to the stope and leavi ing the —

_~, you would: go back and get it?

A. If I. didn’t go back and get it, if anybody was

passing I would send -and ‘get it. .

Q. You would ‘send and get it? er

A. Yes, sir.

* .Q. If -you saw seimkady passing you | would send, them

‘to get it fer you? .

A. Anybody out of the: crew, |

Q. Anybody out of the crew} you would send one of

your crew back? will

A.° - Yes; ‘Sin,

Q. And they would go get it and ‘being it” back up?

A. That is night.

Q. Of course, that can. of birtesiid whatever was

‘needed to.be lub: icated under there, en er you-needed

‘it for?

A. You used t\for whatever you ‘needed it for, any

. ‘parts about your mbtor.

~Q. .Now, then, if Xou had to send back for your ‘oil, ai

why ‘the man you sent, or if you went for it yourself,

had-to walk from your working’ place. back to where the

oil was and get the oil and then come back to your .

working ‘place, didn’t’ he? 3

‘A. Before we had these’ traveling motors to carry the

cars in the heading I would usually, Send: bv the trammer,

we call the trammer. :

Q. Well, you would send by the trammer soinetimes }

ial your man didn’t have to go. at all?.

A. That is one of our men right on.

Q. “You would send by the trammer?

A. That is our man right on.

ge Would he ride down there or walk down there? :

A. He would ride the tram car, down. there.

te /

; 3168.

Q. : If you wanted supplies during your shift you would -

send the trammer and he would. ride down: and get what

you needed and bring it back? _

A. If there was a car out and you needed ns

he would get it.

- Q. On the car?

‘A. Yes, ‘sir. .

Q. He walked down dite sometimes, didn’t he?

A. He would usually ride down.

Q.. Would he ever walk down, ‘or not? >

A. .In ‘some places.

Q. I believe you said these haisidabs: sometimes ham-

mer steel,.the crew would pick up. there at the tool

house, jackhammer steel, hangers and wesowt

| ‘That ‘is correct.

- All. right? Who was your’ boss in ‘the heading?

Well, you mean prior. to, that time?

I am. talking about before May 1, 1941.

_ Before May Ist, Ira Charlton.

I don’t mean: the hame, the: head miner.. |

That is the head miner: That is what you are

spea king about.

Q. Well, what I am trying to get at, that was your

head boss?

A: ‘T worked under Julius Hicks sn Ira Chariton...

QI don't Care’ about the names. is

A. I thought you wanted to know that. “That’ is the

E>ererer:

es " reason ‘I told you.*

Q. Well, you. ‘acaba me now. I- want is know

whether the mine foreman or Mr. Ball was your boss. .

A. My real boss is the mine foreman.

Q. Are you under the. head miner, or not?

A. Iam under the head miner when I am underground.

Q.° That is what I am -talking about. _And he is the

man that gives you orders? -

A. Underground.

3169

~~. And 3 you obey his ortters? =

A. Yes, sir.

-Q. And he has got a Tight | to send you where he

pleases to work? -

A. Well, usually I am placed by the — foreman.

Q. Placed where?

A. On my job, |

Q. Well, you are placed by the head miner. Are you

the boss down there or the head miner? If you are the

boss, say so enn -

‘Mr. ‘Smith:

“we object to that.

Mr. ‘Burr:

I want him to answer my quéstion.

The Court: aS

wae minute.

. Q Now, James, do you understand what I want to

know? Who is‘ the. boss when you are weexing: — in

the stope, of you?

' A. The head miner.

Mr. Smith; : | : foe

_ T object to that. He has gone over that. He said

the heads miner was the boss down there. _I object to

that. 2

» The Court: -

Overruled.

Q. . When the head miner gives you peders’ inf the stope

do you obey them or not? .

A. Yes, sir, I obey them:

3170

Q. If he sends you back for Material you go back and !

- ‘get it?

'. A. Yes, sir, if he tells me, to go I go. .

~Q. Are you the boss of anybody there yourself? Is

' there anybody under you?

A: No, sir. IT ama drag operator.

+ Q. You are a. drag operator? .

A. That is correct.

Q. These hangers, I mean. the jackhammer Steet “and

the hammers and the wedges, you say you get those some- —

times as you go into your working place?

A. Into the working place, yes, sir.

Q. And vou sometimes send back and’ get them, don’t”

you, or go back and get them; don’t deuce

‘A. If we need them through the shift. |

~Q. If you need them through the shift ‘ you. send back |

_ and get them?

A.. Through the, shift.

_" Q. ‘And the place wheré you get. ‘them is near the un-

hoading station, where the tools, . where the supplies ¢ are

kept of that sort? ;

- eighty: feet or maybe further. It is. two headings down.

Q. When you or one of the crew step by in the morn-:

ings and pick up on the way to work jackhammer steel or

a hanger or wedges, do all of them Stop at the same ,

time or just one man pick it up or two. men, or what?

the position you have in the stopes.. If you are a jack-

. hammer-man why tell ‘the tipple you need a jackhammer,

and’ you will get it.

Q. Now, wait a’ minute. right ‘there and: get through ;

“with the jackhammer. If you are a a jackhammer | man you

pick up the jackhammer?

~ A.. If he needed it.

Q. If he needed it during the work he wala go back

-and get it during the shift?”

3171

A. That is right.

Q:. Then if he needs hammer steel he will pick that up?

A. Sometimes: he’carries jackhammer steel. 7

Qx. Would that be often or seldom?

A.- Not often, but sometimes it will happen.

.Q. When‘he picked up. the ‘jackhammer it would be &

ee wes that he picked up jackhammer steel’ if he

needed it, who would be the man that picked’ if up?

A. .He was usually the man that carried it. |

Q. .Now, the wedges, who would pick up the wedges?

A. Any man of the crew if he needed wedges when

he. goes in there he would. get them.

' Q. Any member of the crew that worked fines who

needed wedges he would get them?

. A. Get wedges if he needed any.

_ Q. .What members of the crew would: need wedges?

The drilling men wouldn't need wedges?

A. No, sir, the drag crew. — ?

..Q. That. would be confined to the drag crew?

A. Yes, sir. a

Q. And théy would get seni as : they needed them?

A. Yes, sir.

. Q

: get them, or if they. needed them during the shift they

- would send back-and get them?

A. Yes, sir. :

Q. And the same thing is true of the hammeér steel?

A. The same thing.

Q. The oil cans—the way they i the oil is / right

often a fellow at the end of the shift, if his can/ ‘would |

run out abouf that time he would: take his ca’ / on’ out

. and either leave his can or hide it so he wodld know

where it, was and the next morning he woul pick it-up

and get it filled, that is. the way it was? ers

A. -I don’t know about the hiding part ¢f it.

Q.. Well, do you know about the othér part of it?

Andf. they needed them as they got out ie ery as

3172 .

_ A. I know he would get. his oil in the morning. ~

_.Q. Well, is that the way he would get it?) Would he

take his empty can on the way out’ sometimes. and leave

it. and’ pick it up the next’ morning? |

“A. Leave it at the tool hbuse. |

- And pick it up the next morning?, .

A. And.pick it up the next morning. |

‘Q: As. you stated, to use your own words, if laine

needed it between times you: would go and get it from

your working: pee.

RR ny

Mr. Burr: Coe

a believe that is all I want b ask. him, ‘ y-

The Court: : | reihe

All right. | iil we

- | Mr. Burr: bee au

There is one other question Pardon me, J udge Smith. |

-Q. ‘You said there were ‘séme places down there where

. you got your ‘feet wet sometimes, 7

A. There are. ‘ |

Q. You’ don’t have to wear “rubber boots. do. you, or.

We raincoats, or anything like that?

A.’ No, tif...

' Q. They are not that wet? oie )

A. .No, sir. Fae 4 iv eae eees a :

“Mr: Burr: ~- a! : oe

All right, that is all. ee

Re-Direet Examination.

(By Mr. Smith):

Q. James, ‘you said a whil ago that when you got ~

down in the mine. where_you’ ‘commenced operating’ and |

! digging ere that your boss was the head miner. ) ;

r ‘A. That is correct, |

\ toate

CN aa

Q. All right. Now, on tap who is your boss?

A. The mine: foreman.’

Q. The. mine forei:an is’ $\ your boss?

A. That is correct. oN

Q. -Are you under his directi on at the top?

A. Yes, sir. \ ,

“Mr. Smith: ie : \ :

That is all. . 7 x :

rae _ Re-Cross Examination. \

ot pans anata XK ;

_ (By: Mr. Burr): ; diving

Q. Well, James, you have already told Mr. ‘Smith that.

the mine foreman. never gave you orders on ‘the: top.

All you would‘ do with him on top was to hand him ‘your:

check? one aX

A. And he tells “~ wherever I-am going.

. Q He would place you by hanging your check up,

‘ wouldn’t he? You don’t. mean to tell me that the’ head,

miner stops you thére and tells you abdut your work?

A. I didn’t say the head miner.

Q. I mean the mine foreman.

A. . The mine foreman. | 3

Q.. Does’ he ¢ ever stop you and talk to you about your

work?

A. The mine foreman ‘takes my brass and tells me -

-what heading to go in. ete

‘Q. Didn't you know what heading. to goin? — ne

A. Sometimes you don’t work in the same. heading.

Q. How often do you change?

A.. When you are under one head miner you work one

place and sometimes you change. /

Now, let’s see. ‘Where. were you working on May

B® 1941?

A. sual 11, working in. 66 left.

Pe ere |

3174

—Q. How long had: you been Working in ‘that place?

A. I don’t know exactly.

Something | like that.

‘Maybe two years. All right. Now, ie. before

_ that two years where did you work? - ‘hn

A. Well, sometimes I might, be .at different places.

—-" Q. Well, you told us this morning when you misunder-

anaih my’ question, you said that you had never had but

two head miners, as I recall it. You gave me the names

of two head miners. ‘Are those the only two head miners

you ever worked under?’

A. You asked me prior to the time of a cektain date and

I told ‘you..

-. Q.- Well, what I am asking you now, het many head

miners have you worked. ‘under there for the last. two

Years prior to that time, we. will Say?

A. Two; I have worked under two.

Q.- Well, how. many three years prior to that time?

A. Three years prior to ‘that time?

@ va.: be is

~. A.” Well,.in 37 I -was under - two different ‘ones in

the same year. ,

-Q. And since. then you have been. under two all the

time? | Bays,

A. Well, when they would be ‘there, yes, sir.

©:

QQ > Well, if they were not there it was on account of)

~ sickness or something of that sort? -

A. Sometimes they would be absent.

'Q. But you had béen working | in ~66- left : about two:

years prior to May 1, 1941? ;

A. That is correct, been right’ there. aa

Q. And who was your ‘head miner while you were

. working’ in 66 left? Sole fF eee

' A. Julius Hicks and Ira Charlton.

Q. Had two°during that time?

; :

_ 3175

A. “That is right. rare ee ene }

Q.- ‘During that period: of time did the mine foreman

"ever tell /y ou every morning that you had to go to 66 left! ae

A. He didn’t ever tell me every morning. ° .

Q. Well, did he ever tell you you had to go to- 66 left?

_° A. Well, plenty of times you would go up there and.

he would take your number and he Would say “66 left.”

-Q. You mean he would take -your number, He had a.

board there? r

‘A. He had a board there.

Q. And hé would say, “66 left,” and iaeie your check

-up on the board? Pres

. A, He would say, “66 left,” and nie my check *up on

a” ithe

% -the board.

Q. That is. the kind of instruction he would. Bive you?

A. - Well, he. would tell me other things... _

Q: What other things did he tell you? :

A. -Well,:he would tell me when I would get to my)

heading he wanted me to-clean up the: track., .

‘The mine foreman. teld you that? ad

. See - eyes

What mine foreman told you that?) ~~ yas

Mr. Carson has ‘told me that. eee

How often in the last two years? : :

‘Well; he would tell me that and. some other ines

he ‘would tell me.

gPnrored

. @. What else did he tel] you?

A. Well, he. woul tell me about the ‘top, sedans the

top. \

Q.: What else did hé tell you? -

A. That is all. i ;

"Q- Are you sure. that Mr. Caren, sie you. came

by there -he would tell you to wedge the

A. He would ‘tell all bt them, ( .

Q.. How would he say that,’ “wedge the top’? You —

: “would walk up to — with | your check} No ow, what

va thd

” 3176

would happen on: these -occasions when he would: say’,

“wedge the top?” eee ik

‘A! Usually. it would be in a bad place a A

__@. How?

ie ‘Usually it would ia in a bad place and he called *,

me.

Q. And-you have been working in bad vines all the

‘ time? . . ¢

A. For- the last five years I have been “In ‘bad siciaia:

Q. Have you ever been. amet any during that. time?

_ A. No, sir.-

Q. Now, without reference to what sort of place you.

were in, what was said between you and thesmine fore-

man when: you walked -up’there and handed in your

. check,. those times when he asked you about the =

what did.you say and what did he say?

aaa

A. I don't know, exactly.

Q. I don't want exactly. ‘7 want your recollect wn of. it.

A. Well, sometimes--

' Q. I didn't say sometimes.

- A. Well, he did it all ‘the time.

Q. ‘Well, tell me what he did say.

A. Well, at times he would-say, “You fellows be care-

fuk in such ‘and such a place,” ‘and I would say, “Yes,

-,:

and such a place”? | | |

. ee Se ase ee aCe

Q. “He would be lia to ‘all of you?

A. I would be. standing there. :

Q. 4s that all he would tel! you?

A He would say, “Be. careful ‘at such mae such a

place.” ..+ >

-Q.. Would that be’ all?

_ A. ‘Usually.

Q. How many times in . the last two vears hee he told

“you that? ee | :

Q. He would say, “You sitlows be careful in “such

—

3177

A. Seyeral times, told me different times.

Q." I am talking about the times he told you. How

~ many times in the last two- years has he said, “You _fel- |

lows be careful”?

I can’t remember exactly.

Well, one or five or a hundred or a thousand?.

I wouldn’t say. ;

You wouldn’t say it was over five?

I couldn't ‘remember exactly.

You wouldn't say it was over ten?

I wouldn't say, but he has told me different times.

You wouldn't say it was over fifty?

No, sir.

But that is what he told you?”

_ Yes, sir.

sheesh

Mr. Burr:

All right, you can come Wown.

The Court:

- All right, | next witness. 0 2

Mr. Smith: . '

Mr. Evans, A. E. Evans. .

“ae

3125... A. E. EVANS, hlade called as a witness, and be-

ing duly | sworn, testified as follows:

Direct Examination.

(By Mr. Smith): , -

Your name is A. E. Evans?

Yes, sir.

=How old are you, Mr. Evans? -

.. Thirty-two.

rere:

3178

-Q. Where were you born and-raised at?

‘A. Alabama: . go

“Q Go. to the public schools? ts “oe aes

“A. Yes, sir. :

wth WwW hat grade did you go to?

.A. Eighth grade.

Q. Do you work for the Tennessee Company out at

Red Mountain? |

A. Yes, sir. ys

~ Q. What mine? ;

A. No. 4 Muscoda.

- *@. ’ Now 4 Museoda? .

ae ee re ee as s ss

Q. Haw long have you been working. there?

A. Sjnee January, 1937. “

Q. What jobs havé you had there since you have been

there? : cere ,

A. Well, I started in as a track helper.

Q. A what?

A. A track helper. _

Q. What. élse? How long did you work at: that? ;

A. Well, I didn't work but about two or three shifts

on that. : ; ; ‘ * —

Q. What next?

A. Timber crew,

- Q. ‘Timber crew. How long did you. ‘work on. that? .

_A.” .Abeut three months.

.Q. - Then after that? —

A. IT went to No. 4 then w hee i it ‘Started up and started

running a hoisting: engine. _

Q. No: 4 is one of their old mines?

A. I first worked at No. 6.

Q. , How long did you work at that? <

A. Well, I went on the extra board. Sometimes |

would run a hoist and sometimes a section helper.

Q Well, vou got to be a — operator?

‘

3179.

Yes, sin.

Drag operator now?

Yes, sir.

How long have you been a drag operator?

Well, since F ebruary.

Febr uary, 41?

Yes, sir, |

Now, since Sietubier- 26, 1938, up until May: 1, 1941,

what time have you been ‘reporting for duty | in the morn-

‘ings on the shift?

hteisanholll

Mr. Bait"

Your Honor sindhiivataneite we have got that objection.

It is understood -all through here. He used the word, “re-

_ port.” I haven't repeated it because I didn’t want to waste

the time repeating i it.

The (Court : i

' Correct. °

Q. What time did you + ae there? : +

A. Well, I usually ‘get to the bath house: at 5: 30:

Q. _ Change your clothes at the bath house?

A. ‘ Yes, sir. 2

Q.° Put on your work clothes?

A... Yes; - sir.

Q. Where. did yeu go. ‘then? rr :

A., Go to the tally house.’ |

; Q. What did you do at the tally house?

‘A, Put my -check number in.

* Q. What time did you get to the tally house?

A. Just as soon as I got there. eat was before May

‘1st? oi

Q. Yes. About what time would vou put up the check

- there on an average?

- A. Well, about twenty minutes to six or fifteen minutes

to Six.

| earch

- house

"3180

Fifteen to twenty ‘minutes to six?’

“Yes,. sir. \ ‘

’ Then you got your carbide? 35 ea

Got carbide, got it at the bath house.

Wo did you work under; who is your head boss”

In stopes the head miner. Oe a

~Who is vour ‘boss on the outside?

. The mine foreman. ; Bis

Do. you report to anybody up. there at the tally.

in the morning?

No, sir, I just hand my check number in.

You just hand your check number yao

Yes, sir.

Are you assigned there anywhere by any body”

Well, when I was on the extra board I would come

up and the mine foreman: would find’ out a crew was

short and he would ‘say, “You are on the board so ‘and so.”

If you didn’t you would take your regular crew?

Yes, sir. If. 1 was on’the extra board 1 didn’t hav<

a regular crew. I would just have to watch and find out.

26th,

[sveroreverer!

. there?

That _was your outside boss?

What tiffie did those man skips run acdsee October

‘38, and May Ist, “41?

Well, it usually ran from five minutes to six on up. |

To what time?

‘Until all the#men got in.

How many trips did they run?

.Well,,the day shifts ran more ten night ——.

Well, ordinarily?

' About five. skips. -

What time did you ride down’ .

The first skip.

That would leave what time?’ |

‘About five ‘minutes to six.” a

“Who: woul ld supervise the loading, of the man. skio :

The assistant mine foreman. :

%»

3181

A. Yes, sir.

‘ Q. Then you go from there to your man n loading sta:

tion?

A. Yes, sir.

Q. How far is that hint in the mine? .

fe A. ' Between five thousand and six. thousand feet.

ener Q. I don’t mean the farthest place in the mine. I mean

the man unloading station down ‘there.

‘A. You mean from the outside? : ised |

Yes. i

Where we ¢heck in and where we unload? -

- Yes.

About five thousaid to six thousand feet.

What mine is that?

No. 4."

Now, who superv ised the mnloniinn down there?

Well, I would usually ride a first matin ‘down and

the skip tender he rides it down. .-

Q.. The skip tender? %

A: Yes, sir, he stops the skip and we unload ana he ‘

sends the skip back out. — .

Q: Now, when you got down to the unlvading station |

. there, Mr. Evans, what did you do then?

' A.. Well, if I know where I 4m going I "go straight to.

fhe crew I am going to.

Q. You go straight to your place?’

Perorers>

Si SRM 5 ess

Q. Do you take ariy tools? Redeon be

ys . A. If Iam not a.regular man I don't. When I was on

the regular crew I did.

Q. When you were.on-the regylar crew you ‘did. take

ey them?

A. Yes, sit.

Q.. “guid long have you sini on the regular crew?

A. I! have been on bee, regular crew for the past. two

vears. il tis

Q. So, you did toe tools with yoy? ;

- 3182

A. Yes, sir.

Q. What tools did vou ‘take | with you from the man

unloading station or at the. tool house ‘down to. the regular

place of operation?

A. We didn’t have -p regular place. . If. I was on the top .

I would take them: to the bath house and hide them in: ‘the.

‘weeds— Sad a

i Mr. Burr: ;

| didn't hear that: ;

- A. (Continuing) If I was on the day shift I would’ take

them to the bath houge with me and hide them in .the

weeds: I would take my jackhammer steel and hide them

in the-s3weeds -outside near the bath house and then the’

next: morning when | changed-my. clothes I would get my.

stee! and go to the supply house or the stee] house.

.Q WwW as the supply house on the outside of thé mine?

A. Yes, sir, below the bath house.

Q. And vou: would’ carry those down, on ine drag with —

| Yes,. sir.

Q. On the’ skip with you?”

A. Yes, sir. __ bs

Q. And then after you- got otf of the “~~ you would

carry them to your working place?

“A. To the working place. _

.Q. To the place you- commenced digging ore?

A. Yes, sir.

Q. How about the place vou got oil down there. where - |

did you get your oil at?. e:

A. Well, we have a drum, I guess about five hundred

feet from, where we work.

‘Where, vou work? ae .

A. "Ves. sir. : .

Q. You have a drum. about _ five. hundred feet. from

3183

Q. Would you carry your oil on your way-to the be-

ginning of your work?

‘A. «Yes, sir.

Q: Carry ‘that with you?

A. . Yes, sir. Ge

QQ. From where: you left, your can to the place of sont?

A. Yes, or.

About what time would you get to ‘the place w here

‘you. actually commenced mining ore? _

A: Well, I got there about 6:20 or. 6: 25.

Q. What would you'do between that time. and 6:45? iy

believe the juice comes on down there at 6: 45, doesn’t

it? come 7 .

A. .No, sir, I don’t know of any certain. time it. comes

on. Sometimes the electrician’ will ride.a first drag down

and sometimes he won't. :

Q.. What time. did you say you got down there in the

morning? . #

A. About 6:20. hy

Q. What. did, you do; your ceeaal time. cominénced at

“6:45?

A... Yes, sir. |

Q. That is when your “pay starts? A

A. Yes, sir.

. Q. Six-forty five. After you .get down there before

6:45 what do. you actually do?

A. Well, if the juice is. not on T usually go up in’ the

ae and help them aaerey out and take _ hangers

out.

Q. I am talking about the drag operator now.

‘A. I take these hangers out and move them away ‘sO

they can quarry out and set-up the drill.

-Q. Who indicates to you where. to ge-at 6: =o the eat

pay starts.

- A. Noone. Just as soon as the: juice is on. we are ready

10 hang up and we. start to loading.

* Q. What time do -you leave ae A place down there?

ot lal

‘ “When the thie go ee

Q. What time is that? ; y

A. Three o'clock. _. peice :

-Q. Three o'clock. You leave at three o'clock?

- A. ‘Yes, sir.

' How long does it take you to get down to the mans

loading station? —

' =A. Well, it took me’ about twelve to fifteen minutes.

ae” Aboyt | twelve to fifteen minutes? _ eo

A. Yes; sir, because I never rushed to get there.

Q. How far-would you have to walk? *

_ A.. I would say about,.two-thousand feet. oh : :

Q. About two hundred feet?

a ’ Yes- sir. ~

~Q.- Then you, would get: through about three - o'clock,

- You say?

A. No, we got through about 3: 15...

Q. ‘ About 3:15? co. RE ctEo eS

A. £Yes,' Me eV, =

‘Q. How long, if you c htch. your drag promptly wuld es :

it.take you to get out?

A: Well, if I-catch it penagiy it. would take me about’:

seven minutes to get out, but I never did get it, ——

‘Q. What time would that put ‘you out?

A. About ten minutes to four. -

Q. “If you catch the first drag?

_A. Oh, no, sir... If I caught the first drag 1 would be

~ out about t 36.

But. yeu got. out at ten minutes to four?

‘ Q.

A. Yes, sir.

@.° You got paid for eight hours?

A. Yes, sir: :

“2:

You are actually in the mine or whet time from the —

time you leave the top unfil you get back to the top? -.

A. Well, from five minutes, to six until ten minutes till’

four. ; Aa Stee ee pene

Q. Well; in’ your own words what is it?

‘The Court: ; a eee nt ea

‘That is clear enough. —

@Q I mean thie total houts. h ake

A. Well, approximately nine ‘hours and forty: minutes.

ge Smith: Beers

I just wanted him to make his own’ ‘calculation. Some

-* their own. All right, take the witness.

ae Sntslahion’ as ee

(By: Mr. Burr): : °

Q. Mr. Evans, you. have been a. drag operator about.

two years? —

_A. No, sir, since’ Felony, 1941.

' Q. Just: since this past February?

A. ° Yes, Sir, regularly.

‘Q. Now, then, you ceed you always caught the first

drag down? ~

A. Yes, sir; when ¢ was’ ‘on a regular crew I caught

_ the first drag down..

A. Not all of them: Sometimes they ditho’t get it.

Q. Sometimes the: second, .third or fourth?

A. It never cafhe out that way. Either the first or

second. ae ;

Q. Either the first or sia: "What time did your: -head

Q. Did all the rest of your crew. catch A wer first drag?. eae

“miner get to your place; did he ‘eet there before you or

.after you?.

A. He wouldn't get ‘ais with ‘me.. ‘ Sometimes. he ,

would get thére a drag after me.

Q. Sometimes’ after yout

A. Yes, sir. ae ee

_Q. You were always the first to get there?

A: No, sir, not always. Ysually I am among ons first

to get ‘there.

3186 EMEE Cs ao ae

Q. Usually vou.are the firs to get. there?

A. Yes; sir. ;

Q.. Now. as drag operator: what did you- do?

A. Well, a drag operator operates the mechanical load-

er, but the way we work we do’ any thing that comes ito”

hand. ‘

Q. Any thing that your head miner tells you to do?

A. - Yes, ‘sir.

Q. He.is your boss down, there’ in the see td ‘

A. Yes, sir. :

Q. As operator of the drag you hav en't got any thing to.

do with the drilling there * ‘in the face?

A. No, sir. ’

‘Q. That is done by the head miner and the drill crew? Nig

A. Yes, sir: . y,

Q. ‘When you sa¥ you catch the first drag about the

quickest you can get up to your working place is about

6:20? . a eee oe

A: Yes, ‘sir. : maar

Q. That is, assuming that vou rien e—I aliens you said .

vou generally » leave jabout five minutes, to six?

A. Yes, sir, and sometimes leave a little later. |

Q. Now, to refresh: your recollection on that, Mr> Evans,

‘.- don't you know.that the drag is not taken out of the side-

track for a test run until nearly six o'clock?

. A. The drag is not in the: sidetrack.

Q. The skip I am talking about.

A.. The skip is not in it.

‘Q..- There is not pn ‘skip on it?.

A. ° The- split shift, the haul down crew, use it, what |

we call the haul down crew.

Q.. They don't - it all the time? ae

A. They use it Jintil they change it.

i with ”

A. Well, it is on Senate when no one is using the skip.

Q.. They don't. take it out until six o'clock® .

5 /

° +

: : a

. .

° i 3

Well: you don’t mean it is necessary to make a shift °

cece es Cea, tae

: A - No, sir. ; ;

Q. What I am getting ‘a are yeu. certain‘ that you | got,

-- away from. there a five minutes to six?

+ 6 I did. BS gi _ . ee

| Q.| Did you set your watch? . ‘

A. Yes, sir. "Every man that gets in es ‘skip that has

watch tries to set it with’ the six o'clock whistle. sp

— Q. _And sometimes it Jeaves a few minutes before six,

‘and ‘sometimes after” six? ° Siar is 7 ae a

- * ‘A. Very. seldom after six. jc

ee usually catch the first skip? 5

_ A, Yes, sit.

@. And you: “say you unanlty coe the first skip’ that.

leaves at six or five minutes to six; how long does at take .

‘to go down to the unloading station?

A. I would say it takes about seven minittes.

- @. “And you walk-how far? 7.) .e oY :

A. About two thousand feet.

Q. And how long does it take -you to walk up ‘to the

stope? : .

‘A: Well, if 1 walk re teat

Q. Iam talking about” what you do. ;

A. Just natural: walking, about twelve’ to ‘fifteen.

* ‘minutes: .. ° °

Q. When you get: up. ‘there then you fale that would |

», bé around about 6:20? ey =

“A. 6:20 to 6:25. - . . SPN SL, a

- Q. . 6:20 to 6:25. Now, did.you werk during the’ day

until your dragging is’ over with? are *»

ocean (A. That S$ right. ie pages ae

Be Q. Of course, you couldn't work after,thé juice is shut)

. off? SS a peas a :

Le ei ewe es ies

oc ey Ge aie pales shut off at three o'clock? ° =

~ A. Yes, sir. <i. ¥

-Se. your work is over with at three o'clock, that is

“right, isn’t it? .: : 2

aa was used for the—

3188 -

| a. ee .

, And you have a “ funch period of thirty minutes in.

“

n? °

tual drag operating starts around about

Q.\ And your

6:45 or 7:00? ~

A. |\If the juice | is on and we are hung up with the muck?

pile we start dragging then, regardless of whatevér rae

it: ts.

aS Well, it can't be before 6:452 ay 2.

i ra s. | :

Q. . Yes.. And some can’t get up there that pone ae

. A. . Noy sir. .° *

,Q. Some do and some. don’ t? _e. *

AL Yes, sir. |

~ Q. Some get there as late as @ 40 or 6: 45? -

A. No, sir. |

Q. - Well, they get there at 6: 40, ‘don’t they?

A. Some get there then, yes, sir.

i. If they used every minute of the time it would take :

ver minutés longer than you and take fourteen. minutes?

' A. Yes, sir. .

- Q. They run three trips? ~« ar

‘A. .No, sir. Sion aang 3

Q. How many trips? Sy ee

A. Well, they run about five trips the day: shift.

Q. About five trips?

. A. -Yes, sir. . = ;

~ Q. You say ‘yeu - ad some steel that you would take

out and hide in. the w That would: be the steel that.

_ A. Jackhammers. . | |

Q. The jatkhammers to drill the hales for the hangers?

A The’ jackhammers, yes, sir. = ‘ m4

. A -

3189

Q. That is ti small drill, short steel?

A. Yes, Sir. “=

' .Q. And it is the seal: ‘you take out? |

’ A. Yes, sir. - er

Q. How big is? |

_ A. Well, anywhere from a foot long up’ to a. foot ona a

: half or two feet long. eek

' Q. That steel is taken out and inn

A. It.is to replace it, get new a.

Q.- To be . resharpened? A eage

A. - No, we leave that at the steel shew to be resharp-

ened, and then they will have some fer us. |

Q. .And during the shift if you needed any steel the

head miner can send out and get it wherever he pleases? _—

A: No, sir, I never saw it done. ce | |

Q. You never saw that done? ~~ . ‘

A. No, sir. That was up to the drag crew to keep the.

' wedges and jeckhammer, steel there, if. we had to go out-

'. side to get it. eo

Q. Who would tell you to go out and get it? E

A. Well, we would’ know. If the steel would be dull we:

would-take a bunch out that evening and hide it.

. Q How many would you take out? .

A. According to. how many: needed it.

_ Q. How often was the steel tempered?

A. Well, I have taken it out ‘as high as three times a

week.” :

-Q. - Well, how low nee it be taken out? nee <a

_ A. Once... | orale

~ Q. Run from one. to three times a week? ; eh Pes

A. Yes, sir. - .

Q.. Then you would tebe it out and hide it in the weeds

. on the outside?

A. Yes, sir. bee ge ue

Q. Thef the next ‘morning you ances go get it?

A. Yes, sir. .

Q.. The supply house opened at-seven?

ices 3190 |

A.- Sometimes before. ssi roar

~Q.: Mr. Evans, don’t you know the supply house never.

’ did open up until seven? aecennems ¥ ,

_ . A. Tami not talking-about the supply house. -I am talk- s

* ing about the steel house. -

-Q. -The steel: house is not. opened before? .

. A. A colored fellow comes there and starts.a fire and

he opens. -thé door. — *, . '

_ Q. Well, the colored’ fellow. would : ‘give ind steel?. .

A: Yes, sir.

‘Q. How often. Would he do it? mS

A: Every time I go down. there. . .

Q. You would go.-down there and the talenen fellow.

| would give you sharp steel?

Yes, sir.

I am talking ‘about. yourself now?

Yes, sir. |

Then you would carry it down to your place?

Yes, sir. )

Now, would there: va a \ Sequisitton, made for that,

not?”

a No, sir, not when you ‘were swapping, but there

‘ would be when’ you would get new'steel. .

Q. Now, When “you did that would you’ catch the first

gororend

drag? - ee

A. No, sir. |

Q. -You couldn't catch the, first drag then?

A. No,. sir. a

Q. So on those days, on the. ‘once a week or three times

-a week when the steel wasn't tempered right you wouldn't

catch the first drag? ;

No, sir, q

Catch the second, ‘third or fourth?

Whatever drag it'was. -°.,

Well, what drag would that be? —

That would be the next drag.

And: that would be about when?

a>iror®

ts 3191 | . MA, |

esi Pesinaly run ‘about €:30. :

Q. That would. take you ‘seven minutes to get down to

the bottom? . :

A.° Yes, sir. —.

_Q. And that would pat. you there at 6: 377 is

A. . Yes, sir.

a ‘Then you would walk up to your working place.

- That would take you another fifteen minutes.. That would -

put you there around 6:52 to 7:00 o'clock, and’ your” time —

Started at 6:45. a | ie

‘ A. My-time started at 6:45. pake.

- Q, That-is when you got. aictasts from ‘6: 45 to'3:15, with

a half hour for lunch? |

‘A. Yes, sir. 3 ae

: -Q. And has been ever since ‘you have ‘been _wotking

there?

A. As far as -I aa

Mr. ‘Burr: .

_ That is all. .

ee Re-Direct. Examination.

(By Mr. Smith):

Q.- Mr. Burr asked you if your work was over at three

_ o'clock. Do ‘you mean you quit operating your mechanical

loader at three oclick? - *°

A. Yes, sir, we quit operating because there “was no

electricity. :

.Mr. Smith: -

That is all. |

; eaten Examination,

. (By Mr. Burr):

Q: -When you were working o on this eagieet crew did. :

you have a seven- -man crew? —

3192-—___- ae

Yes, sir. — eo =

Just like the others? os, ee oe

Yes, sir. — ~ —

Per.

- That isall- «+

‘Mr. ‘Smith:

Mr. Praytor.

3143. ARTHUR PRAYTOR. sie olied: at 0 ivitinens

and being duly sworn, testified as follows:

Direct Ricamination. | ;

(By Mr. Smith): \ pure

_ Your name is Arthur Praytor? Deer nek ie aes

Q..

_ A. .Yes, sir. +

Q. ‘How-old are you, Mr. Praytor?

A. Thirty-four.

Q. Where were you’ raised at?

A. Here in Alabama.

Q. Here in Alabama?

_A. Yes, sir.

Q. Did’ you go: through public school?.

“ A. Yes, sir.

~Q. Now, Mr. Praytor, how long. have you worked with

the Tennessee Coal, Iron & Railroad Company? : :

A. About eighteen and a half years.

Q. Has all of that time been in the. ore ey opera- -

tion? er oi

Yes, 'sir. ;

At what mine?”

Well, in Muscoda in “general, No. 6 and No. 4.

- Generally what? -

_No. 4 and No. 6.

peters

“ tle

At i ae

ate oe - Q: No. 4 oni No. 6, net

rs | ; A. ~Yes,-sir-—

_ ~ Q- What different jobs have you. 1 had there. during those

eighteen years? - I believe you are a head miner now?

A. Yes, sir, sir ce °37.- $

Q. Just recite briefly how you ¢ame to be a head’

miner? ~~ :

A. Well, when I went in ‘the ine. I was sixteen -yeors’

old and I-started drivi ing a barigyiet a ni from there I

went to running a hoisting engine, and then I went on the

__~timber—ferce,and from there to drill helping. and some

es se ram _ drilling, and then went to a drag apérater and from drag

operator to. head. miner.

‘ . A. Since. °37.- ; Ne 8 ¥

Be ose Q. Since 1937? ‘ eee

ety A. _ Yes, ‘sir.

aos Q\ And you have been continuously since October 24,

1938: I believe, right up. to May 1, 1941?

— Yes, sir. : ;

Q.: Continuously a head driller?

A. Head miner, yes, sir.

~Q. I mean head miner. —

“tA. Yes, sir.

Q.- Now, Mr. Prayior, just aasibatti what. time did

you report during the period I have-stated to what is called

the tally house, bath house and tally house? i

A. Well, I usually as head miner, I want to be one of

the first men down on the inside to examine my place. I

Pics get. to the tally house along aboutgfifteen, minutes to six.

‘Q. That is after you have been ‘to the bath house and :

changed your clothes? 7 aa -

-A. Yes, sir. | >

~ Q. And you get your carbide at the tally house?-

7 A. At the bath house. ae

Q. Then you go to the tally house? ,

A. Yes, sir.

e .

3{94

_@ Then what de you do with 5 your — check?

AD Well, sometimes I har.g it_o on the board myself. and ——

a Jt

‘ ‘tion-us about those things. — . é

sometimes the mine foreman or the time taker would hang

it on the board. .

* Q. Sometimes: the mine foreman or . the time taker

~ would hang it on the’ board? ,

A. Yes, sir.

Q. Now, would you assemble your workers there whe-

worked under you as head. ,miner at the bath weet

A. No, sir. : ie

—_Q.—_What-was done about that? I mean the tall: tally house.

A. We were giv en the privilege to hire our own crews, “-

to get the best men we could to produce ore, and after I"

hired this crew in the same year, "37, I had the same. men

~ all the way: through and: they knew where they was going

* and they w ould naire in to the time taker or the mine fore-.

man.

.Q. Who \ was in charge of thé tally house there i in start-

ing off the skips and seeing. that the men got in daittinadl

A. At No. 4 the assistant mine foreman. er

“Q. How about at the other mines you have waite in?

A.. Well, the skip tender usually,

Q.* The skip tender perc id

- A. Yes, sir.

Q. Now, w ould the mine foreman give yow any orders

there with respect to what should be done during the day? ;

A. ‘Not unless there was some new driving to be done Suge,

or a rock fall in the mine, or something, why he would cau- .

Q. Something out-of the ordinary?

A. Yes, sir. oa

Q.. He. was there all the time when you ‘reported to see

that the thing: started off, and. if there. was anything un-

usual he called it to. your attention up there before you

caught the skip? ;

- A: Yes, sir.

ete 3195

—

~ Now, whet-time-wouki thie Ti Skip p go ocr during

the time that you have mentioned?

A. Well, sometimes she would leave about five minutes

till six- up until six o’clock.. a

From five ‘minutes . pl six up until .Six o'clock? ,

Yes, es ae SS

What skip did you aile ride?” oe =,

As head miner I usually caught the first. skip: ————

' Q. As head a es e first skip?

Yes, sir.

_ Now, felt: ‘time did you get down to what is s called

the. man loading station? ,

A. Well, it will run ‘from—it ran “from about five

Prpreres

‘minutes-after-six, that ‘is, if we left the top at six o'clock,

well, we got there at five minutes after six unt seven

minutes after six o'clock. Sey,

Q. It. takes five minites to. make the trip to ‘the man

| loading station? —L

-A. Yes, sir. wy eee Os Sea

Q. . After you got bien’ there what did you do?

A. We go directly to’our working place. za

Q. -Would you carry any tools that’ you had to work.

with. on that trip? : \

A. . Yes, sir, sometimes I have carried hangers and .

' wedges, but usually. I directed: the crew when to get them

and they brought -them theniselves. ee

Q. It was either you or : crew that: brought them?:

A. Yes, sir.

Q. How did you ‘go sibitieit directing . them?

A. Well, I checked what we needéd: If I needed hang- ..

ers or jackhammer: steel I would tell the motor runner

that we needed so much : steel probably, and he would go

- up and get a requisition from the mine foreman and when

- T came in the next morning he would bring it with him.

Mr. Burr: _

_ Who is he?

Pt |

v ———

———— ooo ln

Soe ee 3196 ; ay te pat

—— ar ae 2,

The Witness: |

That is the trammer, one of. my crew.

Q. At the man loading station?

A. He would get them outside. = =: ..

Q. He. would get them outside? es ee

—Q. “And bring them ‘down to the enti place?

A. To the working place, yes, Sir.’

Q. And your crew, that is the ordinary way that they ;

.got them there to your crew? : |

A.° Yes) sir. : .

; Q: How far did you have ie walk from ‘tie man un- |

_ Joading station to the place where you actually commenced —

operation? -

A. I a Say thirty-five hundred feet. Sore

Q. How yo up there, how did you get up there? -

~ A. We ices down the manway about two hundred

feet and then.we get on the haulage, go up the haulage

‘all the way until we turn ‘in our headi De

Is that rough or smooth?

.We hayé got walking paths. _ \ Vers Pe cs

‘Is it up hill or downhill? =). Pees

It is up hill” going in. ys 1) ae ‘\

Up hill going in and down hill coming out?

Yes, ‘sir.

. Now, what. time do you. actually stent’ your opera-

tion of running the drill and getting ore? .— .

A.- Well, we all-don’t get there the same time. Usually

ws the drag operator and, -myself are the. mest men there, Tide

_ the first trip... : --

Q. What time do you get there? - Sees Gs

A. Well, ordinarily six-thirty. ¢

Q.- What time would your crew actually assemble and 2:

get to work?

A. Well, soma time it was after q quarter to seven..

FeFerevee

_all of ,them would ‘get to the heading.

as a - ‘

3197. * :

Mr. “Burr: . ea Rove teal cay \

I didn’t: ‘hear that. Boyan Leos rae LG ' ea

=< ‘ AS, ; td Sie Y i»

The Witness: : Banas bandh ene NO

I said some time. it was after | a quarter to Seven before

: Q- ‘Now, when . you got — af sx-thirty—you say ss

you got there on an igs of six- “thirty?

A... Yes, sir. -"

' Q. Now, -what would you ao immediately after that,..

from then. on? ae

A, Usually I would checic my place to see if there was. -

any dangerous conditions and what operations. would take

place so I could direct the men. as — as they got to ‘the

. hédding. - = :

@. And what tine would your. juice go on? a

A. Well, sometimes the electrician -rode the first drag

with us and then: it would go on. about six-ten ‘and some- ae

‘times it: was later. I have gotten to my heading at. six- —

thirty and: it.went on by six-thirty.

Q. Quite frequently it never went on before six-forty-

ee ee

A. Yes, sir.

.,, -Q. Was ‘that the general ne it, went on. more at six- | q

~ forty- five than it did at six-thirty? . :

A. . Yes, sir, it went. on more. |

\Q.. Then you could start operation? i

A. Yes, sir, then we could start’ operation.

‘Q. What time did you leave. your working place? =

A. Three o’clock. -° « - aaa 5

Q. Three o'clock? i Z es :

‘A. Yes, sir. ;

Q. And you would go from there, ‘te place where you

had been drilling, getting out the ore, to the man loading ~

' Station? r =

A. Yes, sir. ee tee

°«@ < : sie pat “i

tuo 3198

-Q. : And you walke d the same ‘distance going back to

the man loading. Station as ‘you did coming in?

A. Yes, sir.:

. @. And it was. up hill?

_ A. That was down hill’ going t back.

Q. Down. ‘hill? ‘

' AL Yes, sir.” |: 3 ,

would you get out. of the mine?..

A. Well, as head miner—well, everyboay tence “was

. before us. becausé we had to, shoot and we had to wait

until the last drag usually Because we were the last to get

to-the hoodlum, as we call it, the loading station.

Q. Now,. what time would: you get to - top of. the

mine?_

A. About, I would say, ten or fifteen minutes om four.

, Ten or fifteen: minutes to four?

- Yes, sir. . :

And then you: would go eet your - check?

Yes, sir.

Go get your ‘check? °

Yes, sir. - yi:

And you were paid fot eight, banaee?

Yes, ‘sir.

Q- Now, just tell the Court there how many hours. -you

were in the ‘mine from the ‘time you hung up your brass —

check until you “actually got back and took that check up.

A. . Well, counting the dinner hour I think we were in

POPOPO > O >

the mine nine and a half hours. : Z

Q. Nine and a half hours? ‘ : eng aie

A. Yes, sir. ie ee

Q And you were. paid for eight hours? ‘ ee

A. Yes, sir. . | : ——--- pee

Me: Smiths ee

Take the witness. -

Now, when you got to the man — station how

= 3199

Cte Cross Examination.

(By “Mr. Burr): %

Q. You say with your dinner. time you figured. you

. Were inside nine and a half hours? |

AY Yes, sir. .

The Court: aire.

Mr. Burr, we ‘will take 2 a recess. -

Mr, Burr: Ba eras Seer 2

Your Honor, just this one question: soe

Q. tor had a half” hour for dinner? | zs

A Yes, et

(A short. recess was then taken.)-*

Mr. Burr: ee ‘ #

“Is Your Honor ready? pce es

| The Court:

Yes.

Q. “Mr. Deaiieors you nie been mrorking with them con- .

. tinuously eighteen and a half yearen ‘at either No. 4 or. No. ;

< Yes, i ae pee eee

Q. _ Did you have any mining experience anywhere else

other than the Tennessee Company‘ ?

A. ‘No, sir. hd

Q. Now, Judge. Smith eno saad

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.