CHAPTER II

CUT OFF FROM FIRE

Rome banished those who had been found to be public enemies by

forbidding every one to give them fire and water. That was done by

all to a few. In America it is done by a few to all. A small number

of men are obtaining the power to forbid any but themselves to supply

the people with fire in nearly every form known to modern life and

industry, from matches to locomotives and electricity. They control

our hard coal and much of the soft,[4] and stoves, furnaces, and steam

and hot-water heaters; the governors on steam-boilers and the boilers;

gas and gas-fixtures; natural gas and gas-pipes; electric lighting,

and all the appurtenances. You cannot free yourself by changing from

electricity to gas, or from the gas of the city to the gas of the

fields. If you fly from kerosene to candles, you are still under the

ban.

The report adopted by the National Association of Stove Manufacturers,

at the Thirteenth Annual Convention, 1884, said: "While it is true

that iron is a dollar or two lower than last year, and that the cost

of labor has also been reduced, your committee is confident that there

is not a manufacturer present who can truthfully say he can afford to

reduce the price of his goods." "It is a chronic case," the President

said in 1888, "of too many stoves, and not enough people to buy them."

The match company, by whose consent all the fires in the United States

and Canada are lighted, was organized, as stated, by the Supreme Court

of Michigan, for the purpose of controlling the manufacture and trade.

Thirty-one manufacturers, owning substantially all the factories

where matches were made in the United States, either went into the

combination, or were purchased by the match company, and out of this

number all were closed except about thirteen.

One of the company, who has been a conspicuous candidate for a

nomination to the presidency of the United States, testified that the

price of matches was kept up to pay the large sums of money expended

to exclude others from the match business, remove competition, buy up

machinery and patents, and purchase other match factories. This was

told in a suit between two stockholders on a question of their relative

rights; but the court, of its own motion, declared the combination

illegal, and took notice of the public interests involved.[5]

"Such a vast combination is a menace to the public," said the court.

"It is no answer to say that this monopoly has, in fact, reduced the

price of friction-matches. That policy may have been necessary to

crush competition. The fact exists that it rests in the discretion of

this company at any time to raise the price to an exorbitant degree."

"Indeed, it is doubtful if free government can long exist in a country

where such enormous amounts of money are allowed to be accumulated in

the vaults of corporations, to be used at discretion in controlling the

property and business of the country against the interest of the public

and that of the people, for the personal gain and aggrandizement of a

few individuals."

Within the last thirty years, 95 per cent. of the anthracite coal of

America--practically the entire supply, it was reported by Congress in

1893--has passed from the ownership of private citizens, many thousands

in number, into the possession of the railroads controlling the

highways of the coal-fields.

These railroads have been undergoing a similar process of

consolidation, and are now the property of eight great corporations.

This surrender of their property by the individual coal-mine owners is

a continuing process, in operation at this moment, for the complete

extinction of the "individual" and the independents in this field. It

is destined, according to the report of Congress of 1893,[6] to end

"in the entire absorption ... of the entire anthracite coal-fields and

collieries by ... the common carriers."

Anthracite coal is geographically a natural monopoly contained in three

contiguous fields which, if laid close together, would not cover more

than eight miles by sixty. But bituminous coal, although scattered

in exhaustless measures all over the continent, is being similarly

appropriated by the railroads, and its area is being similarly limited

artificially by their interference.

"Railroad syndicates," says the investigation of 1888,[7] "are buying

all the best bituminous coal lands along their lines in Missouri,

Kansas, Colorado, Arkansas, Tennessee, Alabama, and other Western

States and Territories, no doubt with a view of levying tribute upon

the people's fuel and the industrial fires of the country."

Canada remains unannexed politically, but its best coal deposits

have become a part of the United States. In 1892 a syndicate of

American capitalists obtained the control of the principal bituminous

coal-mines of Nova Scotia. Among them were men connected both with the

anthracite pool and with the combination which seeks control of the oil

market of Canada and of the United States.

The process of consolidation is shown by official and judicial

investigations to have been in progress in the bituminous fields at

least as far back as 1871, with the same purposes, methods, and results

as in the anthracite fields, though more slowly, on account of the

greater number and vastness of the deposits. From Pennsylvania to the

Pacific coast these are narrowed to the territory along the railroads,

and narrowed there again to the mines owned or favored by the railroad

managers.

The investigations by Congress in 1888 and 1893 both state that the

railroads of the country are similarly becoming the owners of our iron

and timber lands, and both call upon the people to save themselves. A

new law of industry is rising into view. Ownership of the highways ends

in ownership of everything and everybody that must use the highways.

The railroads compel private owners to sell them their mines or all the

product by refusing to supply cars for their business, and by charging

rates for the transportation of coal so high that every one but

themselves loses money on every ton sent to market. When the railroads

elect to have the output large, they furnish many cars; when they elect

to have the output small, they furnish few cars; and when they elect

that there shall be no output whatever, they furnish no cars.

One of the few surviving independent coal producers, who is losing

heavily on every ton he sends to market, but keeps on in the hope that

the law will give him redress, was asked by a committee of Congress why

he did not sell out and give up the business? He was willing, he said,

to abide the time when his rights on the railroad could be judicially

determined. There was another reason. "It might be considered a very

sentimental one. I have spent, sir, considerable time and a large

amount of energy and skill in building up my business, and I rather

like to continue it."

"In other words, you don't want to be forced to sell out?"

"No, sir; I don't want to be forced to sell my product, any more than I

want to be forced to sell my collieries."[8]

Though coal is an article of commerce greater in volume than any other

natural product in the United States carried on railroads, amounting to

not less than 130,000,000 tons a year; and though the appliances for

its transportation have been improved, and the cost cheapened every

year, so that it can be handled with less cost and risk than almost any

other class of freight, the startling fact appears in the litigations

before the Interstate Commerce Commission and the investigations by

Congress, that anthracite freight rates have been advanced instead of

being decreased, are higher now than they were in 1879, and that coal

is made by these confederated railroads to pay rates vastly higher

than the average of all other high and low class freight, nearly

double the rate on wheat or cotton. These high freight rates serve

the double purpose of seeming to justify the high price of coal, and

of killing off year by year the independent coal-producers. What the

railroad coal-miner pays for freight returns to its other self, the

railroad. What the independent coal-producer pays goes also to the

railroad, his competitor. "This excess over just and reasonable rates

of transportation constitutes an available fund by which they (the

railroads) are enabled to crush out the competition of independent

coal-producers."[9]

By these means, as Congress found in 1888,[10] the railroad managers

have forced the independent miners to sell to them or their friends

at the price they chose to pay. They were the only possible buyers,

because only they were sure of a supply of cars, and of freight rates

at which they could live.

The private operators thus being frozen out are able, as the

investigation by the New York Legislature in 1878 showed, to produce

coal more economically than the great companies, because not burdened

with extravagant salaries, royalties, and leases, interest on

fictitious bonded debts, and dividends on false capitalization of

watered stock. By the laws of supply and demand they would compete out

the unwieldy corporations, but these administer a superior political

economy in their supply and demand of cars and freight rates. The

unfittest, economically, survives.

"The railroad companies engaged in mining and transporting coal

are practically in a combination to control the output and fix the

price.... They have a practical monopoly of the production, the

transportation, and sale of anthracite coal."[11] This has been the

finding in all the investigations for twenty years. "More than one, if

not all, of the anthracite monopolies," Congress reported in 1888, "run

several of their mines in the name of private operators to quiet the

general clamor against carrying companies having a monopoly of mining

also."

The anthracite collieries of Pennsylvania could now produce 50,000,000

tons a year. The railroads restrict them to 40,000,000 or 41,000,000

tons,[12] nine or ten million tons less than they could furnish to ward

off the frosts of winter and to speed the wheels of the world, and this

creation of artificial winter has been in progress from the beginning

of the combination.

In the ten months between February and November, 1892, the price of

coal in the East, as investigated by Congress in 1893,[13] was advanced

by the coal railroads as much as $1.25 and $1.35 a ton on the kinds

used by house-keepers, and the combinations, the report of Congress

says, "exercise even a more baleful influence on the production and

transportation of coal for the Western market." The extortion in the

price fixed by the coal railroads was found by Congress, in 1888, to

be an average of one dollar a ton--"considerably more than a dollar

a ton"--on all consumed in the United States, or $39,000,000 in that

year, and now $40,000,000 to $41,000,000 a year. The same investigation

found that between 1873 and 1886 $200,000,000 more than a fair market

price was taken from the public by this combination.[14]

This in anthracite alone. How many hundreds, perhaps thousands, of

millions more have been taken by the railroads which control the

bituminous coal-fields from Pennsylvania to the Pacific, there are no

adjudicated means of estimating.

By the same power which has crushed out the independent coal-miner,

the retailer in the cities has been reduced from a free man to

an instrument to despoil his neighbors--with whom he is often a

fellow-victim--for the benefit of absentee capitalists; he is hounded

by detectives; by threats of cutting off his supply, is made a

compulsory member of a secret oath-bound society to "maintain prices."

"Combinations exist," says the Canadian report, "among coal-dealers

in Toronto, Ottawa, Montreal, and London. Detectives are employed

and the dealers placed under surveillance.... Oaths of fidelity to

the constitution and rules are required not only of the members, but

also of their salesmen, and the oaths in the cases of these employés

are made in some instances retroactive as well as prospective. All

violations of oaths are adjudicated upon by the executive committee

referred to, the penalties being heavy fines or expulsion.... In

accordance with arrangements made with the American coal-dealers, those

who were in default in membership, either from inability to pay fines

or from other causes, were prevented from purchasing coal in the United

States."[15]

The retailer dare not tell his wrongs even in the committee-rooms

of Congress. "Your committee," says the report of 1893 to Congress,

"experienced great difficulty in obtaining testimony from retail

coal-dealers, who apparently labor under fears of injury to their

business in case they should appear and give evidence."

"During the first forty years," Congress reported in 1888, "the

mines were worked by individuals, just as are farms. The hundreds of

employers were in active competition with each other for labor. The

fundamental law of supply and demand alike governed all parties. As to

engagement, employer and employé stood upon a common level of equality

and manhood. Skill and industry upon the part of the miner assured to

him steady work, fair wages, honest measurement, and humane treatment.

Should these be denied by one employer many other employers were ready

to give them. The miner had the same freedom as to engagement, the same

reward for faithful service, and protection against injustice that

the farm-hand possesses because of the competition between farmers

employing hands.... This virtual combination of all employers into one

syndicate has practically abolished competition between them as to

wages; and gradually, but inexorably, the workmen have found themselves

encoiled as by an anaconda until now they are powerless."[16]

There was an investigation of the coal combination by the Pennsylvania

Legislature in 1871, the testimony taken in which showed that when,

after a thirty days' strike by the men, a number of private coal-mine

owners acceded to their terms, and wished to reopen their mines and

send coal again to market, the railroads, by which alone they could get

to market, raised their freights, as their men were still on strike,

to three times the previous figures. These great corporations had

determined not to yield to their men, and as they were mine-owners and

coal-sellers as well as carriers, they refused to take coal for their

competitors.... The result was that the price of coal was doubled,

rising to $12 a ton; the resumption by the private mine-owners was

stopped; and they, the workmen, and the consumer were all delivered

over to the tender mercies of the six great companies.[17]

The coal companies in the anthracite regions keep thousands of

surplus laborers on hand to underbid each other for employment and

for submission to all exactions; hold them purposely ignorant when

the mines are to be worked and when closed, so that they cannot

seek employment elsewhere; bind them as tenants by compulsion in the

companies' houses, so that rent shall run against them, whether wages

run on or not, and under leases by which they can be turned out with

their wives and children on the mountain-side in midwinter if they

strike; compel them to fill cars of larger capacity than agreed upon;

make them buy their powder and other working outfit of the companies at

an enormous advance on the cost; compel them to buy coal of the company

at the company's price, and in many cases to buy a fixed quantity,

more than they need; compel them to employ the doctor named by the

company, and to pay him whether sick or well; "pluck" them at the

company's stores, so that when pay-day comes around the company owes

the men nothing, there being authentic cases where "sober, hard-working

miners toiled for years or even a lifetime without having been able to

draw a single dollar, or but a few dollars, in actual cash," in "debt

until the day they died;" refuse to fix the wages in advance, but pay

them upon some hocus-pocus sliding scale, varying with the selling

price in New York, which the railroad slides to suit itself; and, most

extraordinary of all, refuse to let the miners know the prices on which

their living slides--a fraud, says the report of Congress, "on its

face."[18]

The companies dock the miners' output arbitrarily for slate and other

impurities, and so can take from their men five to fifty tons more in

every hundred than they pay for.[19]

In order to keep the miners disciplined and the coal-market

under-supplied, the railroads restrict work so that the miners often

have to live for a month on what they can earn in six or eight days;

and these restrictions are enforced upon their miners by withholding

cars from them to fill, as upon competitors by withholding cars to go

to market.[20]

Labor organizations are forbidden, and the men intentionally provoked

to strike, to affect the coal-market.

The laboring population of the coal regions, finally, is kept

"down" by special policemen enrolled under special laws, and often

in violation of law, by the railroads and coal and iron companies

practically when and in what numbers these companies choose. These

coal and iron policemen are practically without responsibility to any

one but their employers, are armed as the corporations see fit with

army revolvers, or Winchester rifles, or both, are made detectives

by statute, and not required to wear their shields. They provoke the

people to riot, and then shoot them legally.[21]

"By the percentage of wages," says the report of Congress, "by false

measurements, by rents, stores, and other methods, the workman is

virtually a chattel of the operator." It says, to summarize: "The

carrier drives out both operator and owner, obtains the property, works

the mine, 'disciplines' the miner, lowers wages by the importation of

Huns and Italians, restricts the output, and advances the price of coal

to the public. It is enabled to commit such wrongs upon individuals

and the public by virtue of exercising absolute control of a public

highway."[22]

The people of Pennsylvania, in 1873, adopted a new Constitution. To

put an end to the consolidation of all the anthracite coal lands into

the hands of the railroads, this Constitution forbade common carriers

to mine or manufacture articles for transportation over their lines,

or to buy land except for carrying purposes. These provisions of the

Constitution have been disobeyed "defiantly." "The railroads have

defiantly gone on acquiring title to hundreds of thousands of acres of

coal, as well as of neighboring agricultural lands." They have been

"aggressively pursuing the joint business of carrying and mining coal."

So far from quitting it, they "have increased their mining operations

by extracting bituminous as well as anthracite."[23]

Instead of enacting "appropriate legislation," as commanded by the

new Constitution, to effectuate its prohibitions, the Legislature has

passed laws to nullify the Constitution by preventing forever any

escheat to the State of the immense area of lands unlawfully held by

the railroads. Every effort breaking down to meet the evil by State

action, failure was finally confessed by the passage in 1878, by the

Pennsylvania Legislature, of a joint resolution asking Congress to

legislate "for equity in the rates of freight."

In 1887 Congress passed the Interstate Commerce Law, and established

the Interstate Commerce Commission to enforce justice on the railway

highways. The independent mine-owners of Pennsylvania appealed to

it. Two years and a half were consumed in the proceedings. The

Commission decided that the rates the railroad charged were unjust

and unreasonable, and ordered them reduced.[24] But the decision has

remained unenforced, and cannot be enforced. The railroads treat the

Commission with the same contumely they visit on the Constitution of

Pennsylvania, and two years after the decision Congress in 1893 found

their rates to be 50 cents a ton higher than what the Commission had

declared to be just and equitable.[25] The Interstate Commerce Law

provides for the imprisonment in the penitentiary of those guilty of

the crimes it covers. But the only conviction had under it has been of

a shipper for discriminating against a railroad.

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