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coal trade bulletin - Clpdigital.org

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THE COAL TRADE BULLETIN. 37<br />

THE BITUMINOUS COAL INDUSTRY AND THE SHERMAN LAW*<br />

By Charles M. Moderwell<br />

If I were to tell one of my hearers today that<br />

beginning at once and as long as life lasts he is<br />

to depend upon a large storage warehouse for his<br />

supply of food; that under no circumstances can<br />

this supply be augmented, but that each day's<br />

withdrawal reduces the supply and that only by<br />

care and prudence can he be assured that the supply<br />

will be sufficient for the needs of a long life,<br />

what think you would be the result?<br />

The question answers itself, but I have used<br />

the illustration to show the situation of the American<br />

people with reference to their supply of <strong>coal</strong>.<br />

Locked up by Nature in an underground storehouse<br />

during the earth making process, it is now<br />

available for the use of mankind, but no further<br />

additions to the present supply are being made.<br />

Considering the welfare of the human race, laws<br />

or economic systems which result in the waste of<br />

our <strong>coal</strong> supply are wrong in principle, and cannot<br />

be defended—and yet such theories and laws<br />

are accepted in the United States in the Twentieth<br />

century.<br />

I speak today in behalf of the bituminous <strong>coal</strong><br />

industry—and I know whereof I speak. This<br />

great industry which produces the cheapest fuel<br />

in the world for the factories of the United States,<br />

is suffering because those engaged in it are not<br />

allowed to "co-operate," but must "compete." The<br />

result is that with an investment of almost a billion<br />

dollars and an annual production of 500,000,-<br />

000 tons, the average return on the investment is<br />

only 2i_ per cent, annually.<br />

With a knowledge of conditions such as are<br />

described above, you will not be surprised to hear<br />

that the bituminous <strong>coal</strong> mining industry of this<br />

country is not conducted so as best to conserve<br />

the <strong>coal</strong> deposits. Because of inability to get a<br />

sufficient price for the product, the least<br />

EASILY MINED COAL<br />

is left unmined. This <strong>coal</strong>, in most cases, will<br />

never be recovered, or if recovered, it will be at<br />

a tremendous cost.<br />

In Bulletin 47 of the U. S. Bureau of Mines, Dr.<br />

J. A. Holmes, director of the bureau, states:<br />

"During the past year (1911) in producing 500,-<br />

000,000 tons of <strong>coal</strong> we wasted or left underground<br />

in such a condition that it will probably not be<br />

recovered in the future, 250,000,000 tons of <strong>coal</strong>.<br />

In a higher way, our mineral resources should be<br />

regarded as property to be held in trust with regard<br />

to both the present and future needs of the<br />

country. Neither human labor nor human agency<br />

*Paper read before the National Civic Federation, Hotel<br />

Astor New York City. Nov. 12. 1913.<br />

has contributed to their intrinsic value and whatever<br />

rights the individual may possess have been<br />

derived from the general government. The government<br />

does not surrender its right, and should<br />

not neglect its duty to safeguard the welfare of<br />

its future citizens by preventing the waste of these<br />

resources."<br />

Admitting the duty of the government to safeguard<br />

the <strong>coal</strong> deposits and to prevent waste, does<br />

it not follow that government should permit such<br />

co-operation under regulation, as will permit the<br />

<strong>coal</strong> operators to obtain a price for their product<br />

which in turn will permit them to save for future<br />

generations the <strong>coal</strong> measures now so ruthlessly<br />

wasted?<br />

The industry for which I am speaking is one of<br />

which the public has or should have, an interest.<br />

Next to agriculture it is the most important of all.<br />

It employs more than three-quarters of a million<br />

men, furnishes 65 per cent, of all the traffic for<br />

the railroads and has made possible the great industrial<br />

development of which we love to boast.<br />

Intimately affecting, as it does, the lives and<br />

welfare of all our citizens, it should receive at<br />

the hands of<br />

OUR LAW MAKERS<br />

attention proportionate to its importance. And<br />

yet although approximately one-half the size of<br />

the agricultural industry, the United States spends<br />

only 1/24 as much for the mining industry as for<br />

agriculture, to say nothing of the same relative<br />

expenditures by state government.<br />

Let me show by an actual example the effect of<br />

the Sherman anti-trust law and similar laws of<br />

the various states.<br />

During a time of unusual prosperity, four <strong>coal</strong><br />

mines were opened in a western state and engaged<br />

in interstate <strong>trade</strong>. Of these, two belonged<br />

to large companies owning mines in different parts<br />

of the West, one belonging to a man independently<br />

rich and the fourth was the sole property of a<br />

man who invested in it the savings of a life time.<br />

For a few years all prospered. Then came the<br />

panic of 1907 and hard times followed. The demand<br />

for <strong>coal</strong> was less than the capacity of the<br />

four mines and the mines began to lose money.<br />

After enduring the loss for some time, representatives<br />

of the mines met to agree upon a limitation<br />

of output and to cease their cut-throat competition.<br />

Because they wished to avoid any offense<br />

against the law, they called in a lawyer, to advise<br />

them. The lawyer told them that to agree to<br />

apportion the territory supplied by these mines<br />

among the different producers, or to agree upon

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