Thursday, December 23, 2010

Isn't UID, a tool for holocaust?

Apropos of "Is UIDN a tool for holocaust?", Nirad Mudur attributes benevolent motives to a regressive and malevolent project like UID Number. Mudur says, "UIDN is NOT an identity proof." His contention is factually incorrect.

According to the Press Brief for National launch of Unique Identification Numbers issued by Unique Identification Authority of India (UIDAI), "The Aadhaar number will ease these difficulties in identification, by providing a nationally valid and verifiable single source of identity proof. The UIDAI will ensure the uniqueness of the Aadhaar numbers through the use of biometric attributes (Finger Prints and Iris) which will be linked to the number". This release was issued on 29th September 2010 when Unique Identification Numbers (Aadhaar) were first distributed.

Mudur says, "What is the guarantee that the already existing 15 identity proofs (including voters' identity card or ration card) mentioned by Gopal Krishna will not be tapped to identify minorities to launch a holocaust-like pogrom?" The answer to this question is there in Government of India's Draft Discussion Paper on Privacy Bill which states, "Data privacy and the need to protect personal information is almost never a concern when data is stored in a decentralized manner. Data that is maintained in silos is largely useless outside that silo and consequently has a low likelihood of causing any damage."

As to Mudur's blind faith in the US system, he has not checked relevant facts. Draft Discussion paper on Privacy Law reveals, "There is no data protection statute in the country" unlike the U.S. Federal Privacy Statute or the European Directive on Data Protection.

UID Number is an attempt to convert a resident into a number, Indian population into a market, and then citizens into subjects. Mudur says, "Government's fault lies in not ensuring a series of open discussions on the project before launching it." Is it an innocent fault or a grave and unpardonable sin?


Monday, November 22, 2010

SARKOZY'S MISTAKE

SARKOZY'S MISTAKE

By Ignacio Ramonet (*)
PARIS, Nov (IPS) It's no surprise. For over two centuries, protest has been a part of the political genetic code of French society. In addition to being constitutionally guaranteed, street protests and strikes are natural ways of fully exercising citizenship. Each new generation considers that participating in cyclic fits of social anger is a rite of passage to become a full member of the democracy.

This time the crisis was triggered by the French president. Discredited and besmirched by various rank scandals, blinded by the International Monetary Fund and credit ranking agencies, Nicholas Sarkozy is proving oblivious to people's concerns and is trying to demolish one of the crown jewels of the welfare state: the right to retire at the age of 60.

Won after decades of struggle, this social victory is seen in the French collective imagination as untouchable. Sarkozy, who in 2008 promised to respect it, has underestimated the public's attachment to this right. Taking advantage of the shock produced by the global economic crisis, he is trying to push through a reform that would raise the legal retirement age from 60 to 62, increase the contribution period to 41.5 years, and raise the age at which you can collect a full pension from 65 to 67 years.

Some believe that Sarkozy's real goal is dismantling the public social security system based on solidarity among generations, and replace it with a private scheme that would represent a market of between 40-100 billion euros. They note that the insurance company that would benefit most from such a move is the Malakoff Mederic group, whose CEO is none other than Guillaume Sarkozy, the brother of the president.

The reaction of the major unions is unanimous. Without rejecting the proposal entirely, they are demanding changes, arguing that the cost of the reform would fall primarily on salary workers, already reeling from the crisis, and that this would create greater inequality. They organised a few days of protests before the summer. But the government arrogantly maintained its blanket refusal to negotiate.

That was a major error. When people returned to work in September after the holidays, the general assemblies met in hundreds of workplaces and salary workers reaffirmed their "not a step backwards" position. They were convinced that giving up something as sacred as retirement at 60 would trigger an avalanche of additional cuts in social security, health care, education, and public services.

These meetings demonstrated that union leadership was much less radical than the rank and file, exasperated by the constant erosion of social advances. Immediately after, there was a rash of collective actions across the country; millions took to the streets; the prolonged general strike slowed transport to a crawl; certain cities, like Marseilles, were entirely paralysed. With every addition day of actions new elements of society joined the protest, which assumed unprecedented forms.

The most original is the blockade of refineries and oil depots. The most notable is the massive incorporation of secondary school students into the protests. Many assumed this was the Facebook generation, autistic and self-absorbed, but their confrontational energy revealed an anxiety about the future and a fear that for the first time since 1945, if nothing changed, they would be worse off than their parents. The new neoliberal model destroyed the social ladder.

The protests are the crystallisation of a profound social malaise and an accumulation of woes: unemployment, precariousness, poverty (there are 8 million poor), the hardships of daily life. Thus it is not merely a matter of pensions but a fight for another social model.

What is most important is that a sizable majority of the French people -60-70 percent- support the protests. How is it possible that the France of 1945, ravaged by World War Two, could afford a welfare state and yet today's France, the fifth greatest economy in the world, cannot? Never before has there been such wealth. In 2009 the five largest banks reported profits of 11 billion euros while the 40 largest companies cleared 47 billion euros. Why not tax these colossal sums to benefit the pensioners. The European Commission estimates that a small tax on financial transactions would bring EU governments between 145-372 billion euros per year -certainly enough to shore up the pension systems.

But neoliberal dogma requires that capital remain off limits for taxation, which would be increased instead on individual income.

And thus the current mood in France. The general feeling is that neither of the opposing forces can give in. The unions, driven by a ground swell of radicalisation, remain united after months of their offensive. To give in would be a defeat like that of the British miners by Margaret Thatcher in 1985, which spelled the end of workers resistance in the UK and opened the door to ultraliberal "shock therapy".

Sarkozy has the backing of the EU, the IMF, and European banking and business sectors, which are terrified that the "French spark" could ignite the whole continent. The defeat of his reforms would condemn him to defeat at the polls in 2012. The social history of France teaches that when protests spread to the extent they have today, they will never recede. They always win. (END/COPYRIGHT IPS)

(*) Ignacio Ramonet is director of "Le Monde diplomatique en espanol"
--------------------------------------
[1] European Council in Barcelona in March 2002 recommended: "undertaking to progressively raise the average retirement age in the European Union by about 5 years as of 2010."

[2] In Spain, the president of the Confederation of Employers and Industries (CEOE), Gerardo Diaz Ferran, defends as "advisable and indispensable" increasing "the retirement age to 70". He adds that "salary workers must work more and, unfortunately, earn less." He calls for a broadening of the pension contribution period to "the entire working life" and for workers to create "private pensions". Europa Press, July 26, 2010, and ABC Madrid, October 15, 2010.

Friday, August 27, 2010

'Drafters of N-Bill ignored ILO recommendations'

Press Trust of India / New Delhi, August 25, 2010

An environmental health researcher has sought intervention of the National Human Rights Commission, alleging that drafters of the Nuclear Liability Bill have ignored recommendations of the International Labour Organisation (ILO) on radiation protection.

"India has ratified Radiation Protection Convention, 1960 of the International Labour Organisation (ILO) but its provisions have not been complied with. It is yet to ratify ILO's Occupational Cancer Convention, 1974 which is concerning Prevention and Control of Occupational Hazards caused by Carcinogenic Substances.


"Drafters of the Nuclear Liability Bill appear to have ignored their recommendations," convenor and founder of Toxics Watch Alliance Gopal Krishna charged in his petition submitted to the Commission yesterday.

ILO's Radiation Protection Convention with regard to maximum permissible doses of ionising radiations which may be received from external or internal sources and the maximum permissible amounts of radioactive substances has been ignored, he claimed.

In his petition to NHRC, Krishna also submitted that the Parliamentary Standing Committee on Science & Technology, Environment & Forests in its 25-page report on the Bill, which was tabled in Parliament on August 18, was of the opinion that Government must have sought the opinion of Ministries which are even "distantly" related to any provision of the legislation.

"When the Committee inquired from the Secretaries of Ministries/Departments of Government of India who appeared before the Committee as to whether the draft nuclear liability Bill was referred to them for their views/comments, some of them viz the Ministries of Health & Family Welfare, Agriculture, Labour & Employment, Food & Public Distribution, etc replied in the negative," he quoted the Committee as saying in the report.

He pleaded the Commission to take cognisance of the submissions of "these Secretaries" and direct the concerned authorities to internalise their suggestions in the text of the Bill to protect the human rights of Indian citizens and safeguard intergenerational equity.

Krishna requested the Commission to start proceedings to ascertain from the authorities concerned both at Centre and the state as to how would they respond in the event of a nuclear disaster, number of existing factories and industries in the country where radioactive material is used and whether they maintain an inventory of such products.

He also wanted the commission to ascertain the total number of workers employed in the nuclear power industries and other nuclear installations, institutions which have the competence to decontaminate and the medical, occupational health and scientific institutions which can diagnose radiation exposure.

Among other things, he also urged the Commission to ascertain what action has been taken by the central government and the state governments to protect exposure from radiation in the future.

"Commission may inquire or investigate into the problem of radioactive radiation and issue necessary directions/ recommendations for its prevention and appropriate remedial steps to the Central Government/State Governments and UTs," he pleaded.

Source: http://www.business-standard.com/india/news/\draftersn-bill-ignored-ilo-recommendations\/106434/on


Wednesday, April 21, 2010

National People's Audit of Special Economic Zones

The National People's Audit of Special Economic Zones in India was conducted on 19-20 April, 2010 in New Delhi, at the Nehru Memorial Auditorium. It was organised by a collective of people's movement groups, social and research organisations and academics. This two-day national convention was a culmination of state-level people's audit of SEZs that was conducted in several states of India, through last year (2009-2010).

The National Audit panel comprised of Kuldip Nayar, Devaki Jain, Admiral (Retd.) Ramdas, K. B. Saxena, Meher Engineer, Rahul Bose, Ashish Kothari and Advocate Vrinda Grover. On day one, the panel heard depositions and testimonies of affected people and activists from the states of Maharashtra, Gujarat, Orissa, Karnataka and Andhra Pradesh. The second day it focussed on the situation in Tamil Nadu, Goa and Northern Region (Himachal Pradesh, Haryana, Rajasthan and Delhi) along with an national overview and the observations of the Jury which will be released to the public and media .

The People's Audit, over the last year, has emerged as a process of critical importance to evaluate state policies, their impact on people and implementation, in a manner that is more inclusive and places importance on people's perception and views on the issue. The SEZ policy, enacted in 2005, has been severely criticised for the manner of implementation, dispossession and displacement caused to people, on a large scale. Issues evaluated were those of land acquisition, displacement, environmental impact, compensation, employment generation, livelihood loss and labour rights.

Ulka Mahajan from Jagatikikaran Virodhi Kruti Samiti, Maharashtra presented an overview of the SEZ Act and issues around it. According to her, “the anti-SEZ movement in Raigad against the Reliance promoted Mumbai SEZ, where a historic referendum resulted in 95% farmers saying “NO” to the project is a undeniable declaration of common people's resistance to such 'development' that is being forced upon them.” However she lamented the fact that the result of this referendum was not made public and neither did government officials or corporate representatives attend any of the state audits, proving their lack of interest and emphathy to people's voes.

According to her, narratives from farmers, agricultural labourers and fisher-people across most states was similar. Farmers everywhere are asking “This land - my life, my labour, my work has been providing for me generations. Why should i give up my life and my livelihood? We will continue to fight to save our environment.” She also said that agricultural land was being targeted and all resources, especially water diverted for industrial use. gLaws everywhere, labour and environment protection for example, are being diluted, manipulated, to make way for the SEZ Law.

People's struggles against SEZs in Raigad, Vagholi, Mann andGorai have been successful after immense struggle against all odds. Even others like Shahapur, Dherand, Aurangabad, Nashik, Chakan and Khed SEZs were seeing the results of the combined agitation.

On the resistance against the Mihan SEZ project in Nagpur, an affected person who deposed before the panel talked about corruption and lack of accountability in the Government and corporates. As example he spoke about the CEO of Satyam who despite the scam and allegations had been made the Vice President of the Mihan project. “Approximately 2000 families will be displaced in this project.

As protest, men and women in the village organised a Mundan Andolan (Shaving of the Head). Normally such a ceremony takes place to mourn the loss of a parent. In this case we were mourning the abandonment by the Government, who is considered to be the mai-bapp (mother and father) of all people.”

Sister Cinderella from Gorai discussed land acquisition that was initiated by developers Pan India Paryatan Ltd. for 5740 hectares on Dharavi Island. While it was true that almost 80% of the land was owned by the Government, people still had been residing in these areas for decades. The developers, after the agitation were forced to give up on 5740 hectares and only applied for 120 hectares.

Two Maharashtra state-level panelists also presented their findings to the National panel and raised a few questions. Trilochan Shastry said “A few individuals make laws and policies, completely ignoring the opinions and needs of ordinary farmers and workers in the country. They have to be exposed, or they have to be removed.” Dr Anand Teltumbde said that India was erroneously trying to emulate the SEZ and industrial policy of the western world and China. “However while the China model of SEZ uses only 8.5% cultivable land, the contrast in India is for everyone to see.”

Manshi Asher, activist and researcher, introduced the Gujarat chapter and tried to lay out the details before the audience. “Gujarat is being trumpeted by its Chief Minister as the SEZ capital of India. The first claim is that most of the export revenue earned from SEZs originates from Gujarat while the second claim is that SEZ implementation has been virtually resisatance or protest-free – since no agricultural land has been forcibly acquired from farmers and farmers have either been willing to sell their lands or wasteland land has been allotted to SEZ.”

According to Manshi, who has worked extensively on this issue, “the lie behind the first claim can be nailed on the fact that bulk of the export revenue originating in Gujarat is from the Jamnagar refinery. Also, the other so called successful and high export SEZs were already operational and profitable industry hubs, before being conferred with the status of SEZs. This is a lie that the Government presents to the people and has to be exposed to the all.” For the second claim of the

Government, she said “most land that was originally given to SEZs was acquired decades back, by the Gujarat State Industrial Development Corporation. Obviously there will be no protest for land that was acquired in the 80's and 90's.”

Bharat Patel from the Machimar Adhikar Sangharsh Samiti presented the resistance against the Mundra Port and SEZ which was endangering the livelihoods of over 1000 fisher-families in the region. “The area around the Kutch coast has been labelled as an ecologoically sensitive area in Government and MoEF reports, yet the Adani group proceeded with construction and cutting down of the Mangrove forest without any Environment clearance. This just shows the extent to which there is collusion between the Government and the corporates.”

Testimonies from Andhra Pradesh, Karnataka and Goa were all disturbingly similar in their narratives of how Government officials and land agents adopted manipulative methods to coerce and fool people into selling their lands without their knowledge. Case after case deposed on how District Officials forged signatures, opened fake accounts and transferred the compensation amounts which villagers' had refused to take the same. Mallapa Gowda, a tribal whose land was grabbed after his signature had been forged on the land document, said “I have sweated my whole life and put together a complex irrigation system for my fields, digging a well, putting in piping – I want my land back.”

The Audit was jointly initiated by the National Alliance of People fs Movements (NAPM); the National Campaign for People's Right to Information (NCPRI); Tata Institute of Social Sciences (TISS); and National Centre for Advocacy Studies (NCAS) as the core group of organizations and jointly organized with state – level groups including Jagtikikaran Virodhi Kriti Samiti (JVKS), Maharashtra; Andhra Pradesh Dalita Samakhya (APDS); Anti-KSEZ Farmers f Committee, Kadali Network, Praja Udhyama Aikya Vedika, Dalita Bahujana Bhoo Parirakshana Samiti, Coastal Corridor Praja Hakkula Parirakshana Samiti in Kakinada; Krushibhoomi Samrakshana Samiti (KBSS), Karnataka; Karaavali Karnataka Janaabhivrudhi Vedike (KKJV), Karnataka; Sirappu Porulaadhara Mandalam Edirippu Iyaikam (SPMEI), Tamil Nadu; SEZ Virodhi Manch, Goa; POSCO Pratirodh Sangram Samiti, Orissa; SEZ Virdodhi Manch, West Bengal; Machimar Adhikar Sangharsh Sangathan (MASS), Gujarat; Matru Bhoomi Raksha Sangharsh Samiti, Una, Himachal Pradesh; India Centre for Human Rights and Law (ICHRLN); and the Delhi Solidarity Group (DSG).

Saturday, April 17, 2010

Bhopalis seek PM's Response

At a Press Conference on 13 April 2010, four Bhopal based organizations representing people exposed to Union Carbide’s toxic chemicals and their children announced their indefinite protest in the capital calling for the establishment of an Empowered Commission on Bhopal for long term medical care and rehabilitation of the victims.

Bhopalis reached Delhi on 15th to stay as long as it takes the Prime Minister to fulfill his two year old promise to set up the Empowered Commission,” said Rashida Bee, President of Bhopal Gas Peedit Mahila Stationery Karmchari Sangh, who has been awarded Goldman Environmental Prize for her work in Bhopal.

The Bhopalis, including two survivors of the December 1984 disaster and two children exposed to toxic contamination from Union Carbide’s untreated chemical waste, presented a document read out on 29 May, 2008 by the then Minister of State for PMO, Prithviraj Chavan, in which he publicly declared the Government's “in-principle” agreement to set up an Empowered Commission on Bhopal. This was followed by a decision of the Group of Ministers on Bhopal, headed at that time by Arjun Singh, recommending the setting up of the Empowered Commission.

April 17th marks the fourth anniversary of the Bhopalis' first meeting with Prime Minister Singh, where he assured them that the lingering issues of medical, environmental, economic rehabilitation in Bhopal would be taken care of.

“It wasn’t easy getting to meet the Prime Minister,” said Syed M Irfan, President of the Bhopal Gas Peedit Mahila Purush sangharsh Morcha. “We had to walk 800 kilometers and then we had to do another Bhopal to New Delhi Padyatra in 2008 for the Prime Minister to issue a written promise.” He said that the Empowered Commission is urgently needed to stop the ongoing disasters in Bhopal that are still killing, injuring and maiming the unborn.

“Despite the promises, 20,000 people are still drinking poisoned water; 10,000 gas victims who were promised jobs are jobless; medical treatment for the indigent victims remains elusive; the site and its surroundings are polluted, and the culprit – Dow Chemical – is freely doing business in India,” said Safreen Khan from Children against Dow-Carbide an organization of second generation victims.“What is the worth of the PM's word?” she asks.

According to Rachna Dhingra from the Bhopal group for Information and Action, since the first time that Prime Minister Singh promised action in 2006, nothing has moved in favour of the Bhopalis. Rather, 22 survivors have spent time in high security Tihar jail; 36 people including 12 children have been beaten in the Parliament Street police station; serious charges of assaulting police officers have been filed against a 16-year old Carbide victim and another 75-year old gas victim, and four Chennai-based supporters are facing charges in a Delhi court that could result in a maximum jail term of 5 years. All these people took action to remind the Government of its unkept promises.

Rashida Bee said that they anticipated violence by Delhi . She said that they have been told by the Parliament Street police station that out of state protestors, such as those from Bhopal, will not be allowed to camp in Jantar Mantar because of the Commonwealth Games.

“We are beaten and falsely charged just for peacefully reminding the Prime Minister of his unkept promise. If all non-violent and democratic means of articulating our frustration over 25 years of broken promises are prohibited, what does the government expect us to do? Go in to hiding? Take up guns?” asked Rashida Bee.

Satinath Sarangi of the Bhopal Group for Information and Action said that the Prime Minister’s apathy toward the plight of the Bhopalis is in stark contrast to his commitment to keeping their promise to the US Congress and nuclear equipment suppliers. By actively moving the Nuclear Liability Bill even as Bhopalis are fighting for resolution of Dow Chemical and Union Carbide's liabilities 25 years after the disaster, the Prime Minister is busy indemnifying the likes of GE and Westinghouse Electric from future liabilities that may arise due to nuclear disasters.

Rashida Bee, Champa Devi Shukla
Bhopal Gas Peedit Mahila Stationery Karmachari Sangh
Syed M Irfan,
Bhopal Gas Peedit Mahila Purush Sangharsh Morcha

Rachna Dhingra, Satinath Sarangi,
Bhopal Group for Information and Action
9582314869

Tuesday, March 30, 2010

Hawk’s Nest Tunnel Disaster

Hawk’s Nest Tunnel Disaster, WV: Worst Industrial Disaster in U.S. History


Hawk’s (alternative, Hawks) Nest is the name of a mountain peak or promontory about 1,500 feet above sea level, which is near the end of a southern-trending spur of Gauley Mountain, whose own altitude is 2,539 feet above sea level. Gauley Mountain is about 1.6 miles northwest of the small town of Ansted (population 1,576) situated on Route 60 in Fayette County (population 47,579), West Virginia (population 1,812,035) (census estimates as of this writing). Hawk’s Nest once overlooked the New River descending its rocky gorge, but today it overlooks Hawks Nest Pool, which is actually a shallow manmade reservoir some 3.65 miles long.

Map of USA showing location of West Virginia. Source: http://www.mapsofworld.com/usa/states/west-virginia/maps/west-virginia-location-map.gif; accessed May 7, 2009.

Map of West Virginia showing location of Fayette County. Source: http://en.wikipedia.org/wiki/File:Map_of_West_Virginia_highlighting_Fayette_County.svg; accessed May 7, 2009.


Google map showing important points in the New and Kanawha River Valleys. By M.O’Leary.

In 1930, before there was a Hawk’s Nest Lake reservoir, a person standing at the summit of Hawk’s Nest who looked west and slightly south could easily see a “cluster of flimsy, temporary shacks scattered to either side of a small railway track which led, through scaffolding and loose-torn earth, toward a dark hole, like the open mouth of a mine, in the base of the mountain where the river turned its course.” (1) This hole in Gauley Mountain was the upper end (tunnel intake) of the infamous Hawk’s Nest Tunnel.

Modern view of Hawk’s Nest Tunnel intake to the left side of the dam. Fayette County, West Virginia. Source: http://wvnomad.homestead.com/wv3.html; accessed May 7, 2009.

View of dam (beyond is New River looking downstream) from Hawk’s Nest, Gauley Mountain, Fayette County, West Virginia. Source: http://wvnomad.homestead.com/files/hawksnest2.jpg; accessed May 7, 2009.

An observer in 1930 said, “That’s where the water’s going in. They’ll build a dam across the river there, and then the water will run in that hole. It comes out down near Gauley Bridge.” (1) The completed tunnel would be three miles long, with a descent of 162 feet, straight through Gauley Mountain. (2) The water coming out the other end of the tunnel would flow over four Westinghouse turbines and “the generated electric power would then be carried over six miles of cable, strung on twenty-three towers. Crossing and recrossing the river [called the Kanawha beyond the junction of the New and Gauley Rivers] and surmounting other natural obstacles, it would reach the plant at Boncar.” (2) Boncar (subsequently renamed Alloy) was a village where Union Carbide Corporation planned to build a new metallurgical complex to manufacture ferro-silicate alloys that required far greater power than was available before 1930.

A black miner walking out of Hawk’s Nest Tunnel, West Virginia, 1930. Source: http://2.bp.blogspot.com/_0AxZHWIQBLI/R7xZcID7C-I/AAAAAAAAAsQ/Rhnytfu9z9k/s320/hawks+nest+tunnel.jpg; accessed May 7, 2009.

Hawk’s Nest Tunnel workers, West Virginia, 1930-1931. Source: http://cache.daylife.com/imageserve/03YyebsatQ4ja/340x.jpg; accessed May 7, 2009.

The problem with building the tunnel was that hundreds of men, possibly 764 or more (of a total 5,000 on the work force), died of an acute rapidly progressive form of silicosis during the breakneck construction. (3-4) Most of the deceased workers were African-American migrants who worked underground. “What worsened the health conditions inside the tunnel was the use of dry drill bits and inadequate ventilation systems in violation of standard practice. The practice of wetting drill bits controlled airborne dust to some degree, but wet drill bits also made for slower drilling, impeding the progress of the tunnel, and thereby cut into contractor profits. (5) Drilling began in March 1930 and was completed in December 1931, three months ahead of schedule. (6) The epidemic of silicosis that slew hundreds of men during the building of the Hawk’s Nest Tunnel qualifies as the worst industrial disaster in American history, says Cherniack.

  1. Origin of Union Carbide Corporation, Creator of the Hawk’s Nest Tunnel
  2. Union Carbide Corporation traces its roots to 1886 when investors formed the National Carbon Company to commercialize 1) the electric arc for streetlights and 2) carbon electrodes for electric furnaces, notes D’Silva. (7-9) An electric arc is

    a device in which an electric current (a flow of electrons) is caused to flow between two points separated by a gas. The two points are called electrodes. The one from which the current originates is the cathode. The electrode toward which electrons flow is the anode. The term electric arc refers both to the device itself as well as to the electric discharge that takes place within the device. Arcs can make use of high, atmospheric, or low pressures and can contain a variety of gases. They have wide uses as luminous lamps; as furnaces; for heating, cutting, and welding; and as tools for certain kinds of chemical analysis…

    In an electric arc, the energy needed to produce ionization comes from an external source, such as an electric generator. An intense stream of electrons flows into the cathode and then across the gas-filled gap to the anode. As these electrons pass through the gas, they cause ionization. Ions formed in the process make the flow of current between electrodes even easier…One example of an electric arc is a lightning bolt. In nature, two clouds can act as electrodes, or electric current may flow between a cloud and Earth's surface. In either case, current flows through the air, ionizing molecules of oxygen, nitrogen, and other gases in the atmosphere…

    The simplest electric arc consists of two electrodes made of a conducting material and situated a short distance from each other. Air is the gas used in this arc. This kind of electric arc was first studied by English physicist and chemist Humphry Davy (1778–1829) in 1808. (8-9)

    An electric arc furnace is a furnace that heats charged material by means of an electric arc. The advantage of an electric arc furnace is its ability to generate extremely high temperatures, around 2000 degrees Celsius.

    A 3000-volt electric arc between two nails. Source: http://en.wikipedia.org/wiki/File:Lichtbogen_3000_Volt.jpg; accessed May 7, 2009.

    An electric arc furnace. Source: http://www.banklands.com/images/Electric-arc-furnace.jpg; accessed May 7, 2009.

    Steel mill with two electric arc furnaces. Source: http://en.wikipedia.org/wiki/File:SteelMill_interior.jpg; accessed May 7, 2009.

    Using an electric arc furnace, Canadian inventor Thomas Leopold “Carbide” Willson, then of Spray (now called Eden), North Carolina, in 1889 accidentally discovered the process for making calcium carbide from lime and tar. “While experimenting with an electric furnace with a view to obtaining the metal calcium by the reduction of its oxide in the electric arc, fused together a mixture of powdered lime and powdered anthracite, but upon opening the furnace, instead of finding, as anticipated, a quantity of white shining metal, he found instead a dark-coloured, heavy, crystalline substance resembling scoria or larva from a volcano. The material upon examination being found not to be the substance sought—its true character not being recognized—it was regarded as useless and was thrown into some water near by. Immediately the water began to effervesce, and so violent was the ebullition and so strong the odour of the gas bubbling out, that it attracted attention.” (10-11)

    Canadian inventor Thomas Leopold “Carbide” Willson. Source http://www.collectionscanada.gc.ca/innovations/023020-3030-e.html; accessed May 7, 2009.

    John Motley Morehead, Jr. North Carolina Collection Photographic Archives. Source: http://museum.unc.edu/exhibits/researchuniv/john-motley-morehead-jr-1870-1965/; accessed May 7, 2009.

    What was the material? It was carbide of calcium (CaC2)! “It was put into water and the gas as it bubbled out was caught.” What was the gas? It was pure acetylene! “Thus was discovered the possibility of producing Acetylene synthetically upon a commercial scale.” (10) However, at the time of the discovery of the processes for making calcium carbide and acetylene, “there were no uses for either calcium carbide or acetylene.” Nevertheless, Willson filed for a patent (#541,138) on the process for manufacturing calcium carbide in 1892. (11)

    Finding no one interested in buying the patents, Willson and Morehead “turned their attention to finding and promoting uses for the products themselves, beginning with acetylene in lighting. For example, Morehead built and operated from 1884-1886 the first commercial calcium carbide plant at Spray, N.C. “From this beginning, calcium carbide manufacturing spread around the world. Acetylene, used first for lighting homes, railways, mines, and marine buoys and then for oxyacetylene welding, became one of the foundations of the synthetic organic chemicals industry.” (11)

    Chunks of Calcium carbide. Source: http://www.bikeit.eclipse.co.uk/cyclingprelycra/images/carbide.jpg; accessed May 7, 2009.

    Early 20th century calcium carbide and fuel “oil” containers. Source: http://www.cwmbran.info/carbide%20of%20calcium.jpg; accessed May 7, 2009.

    Metal drums containing calcium carbide. Source: http://img.alibaba.com/photo/11675192/Sale_Calcium_Carbide.jpg; accessed May 7, 2009.

    National Carbon Company underwrote the development of uses of calcium carbide and, in 1895, “Carbide” Willson, as he became known, sold his American patents to this syndicate, married his California sweetheart and decamped to Canada to develop the carbide industry there. (12) In 1898, the syndicate began producing acetylene by the calcium carbide process.

    In 1899, Morehead opened a plant at Kanawha Falls, West Virginia, to make ferroalloys via processes earlier developed by Willson (now back in Canada) at Spray, N.C. (11) Kanawha Falls is located on the Kanawha River, about 1.5 miles below the junction of the Gauley and New Rivers (see Google map above). By “citing exigencies of the Spanish American War,” Morehead received permission from Elihu Root (1845-1937), U.S. Secretary of War (1899-1904), to construct a temporary timber dam at Kanawha Falls. (13-14) By 1901, Morehead completed the project, which “exploited the eight-foot natural falls to drive the first hydroelectric power station in the state” of West Virginia. (14) Ferroalloys are various alloys of iron used in the manufacture of steel. They receive their names from the added metal, e.g., ferrosilicon, ferromanganese, ferrochromium.

    Kanawha Falls, West Virginia. Source: http://image57.webshots.com/157/5/74/20/2927574200068526197AdijEa_ph.jpg; accessed May 7, 2009.

    In 1900, Dr. William Winthrop Betts of Salt Lake City, Utah, published one of the first national reports describing the scourge of acute rapidly progressive silicosis that sickened and killed workers months after exposure in various hard rock (silica) mining operations in the west, as described elsewhere. (5,15)

    Ca. 1906, the Electro-Metallurgical Company, a West Virginia corporation, purchased Morehead’s ferroalloy plant at Kanawha Falls, and soon expanded Morehead’s “temporary dam works, without seeking a more applicable permit,” notes Cherniack. “The plans of the Electro-Metallurgical Company were inspired by…Moreland, who foresaw the intensive use of hydroelectric power in West Virginia to produce aluminum and alloys requiring high temperatures. As early as 1911 he had anticipated a more ambitious damming of the New River for electrometallurgical purposes. Twenty years would pass, however, before his original drafts were to be realized in the Hawk’s Nest Tunnel.” (11)

    In 1917, the Electro-Metallurgical Company merged with the National Carbon Company, Linde Air Products Company, Prest-O-Lite Company and Union Carbide Company (formed in 1898) to form Union Carbide & Carbon Corporation. (16) This new company would undertake construction of Hawk’s Nest Tunnel “and dominate the economic development of the Kanawha Valley. In 1917, the U.S. Bureau of Mines, U.S. Department of the Interior published its important report on silicosis and its mitigation among miners in the Joplin, Missouri, zinc-mining district, as described elsewhere. (5) The Electro-Metallurgical Company remained a distinct unit within the Union Carbide & Carbon Corporation.

    In 1920, Union Carbide & Carbon Corporation established Carbide and Carbon Chemicals Corporation. (17) “Its first product to become nationally known, Prestone antifreeze, was owed to the acquisition of the Clendenin Gasoline Company, of Clendenin, West Virginia in 1920.” The Clendenin Gasoline Company, which manufactured ethylene, launched the petrochemical industry in the world. (16,18)

    Kanawha Falls power station. Source: http://k53.pbase.com/g4/61/606961/2/61113694.KanawhaFalls.jpg; accessed May 7, 2009.

  3. Launching Hawk’s Nest Tunnel
  4. Not surprisingly, “one of the first acts of the expanded corporation was to increase the size of the dam at Kanawha Falls.” Cherniack continues,

    This turned out to be more complicated than building the original, primitive structure. The permit that the War Department had given…in 1899 had been revocable as well as limited, and the Electro-Metallurgical Company had good reason to anticipate trouble in winning a renewal. The Army Corps of Engineers had informed Congress as early as 1913 that control of the New River [a tributary of Kanawha, along with Gauley River, as noted above], like that of all other navigable rivers in the country, belonged to the federal government…In 1917, however, federal interference with private interference was unaggressive, and Union Carbide found a simple way to circumvent the problem of legality: it began extension of the dam without notifying the army. By 1918 two hundred feet of concrete were in place on the dam and a new powerhouse had been erected at Glen Ferris. A year later, when all construction was complete, the company finally notified the army of the modifications and applied for extension of the permit. The corporation’s fears had been justified. Permission was refused—but no action was taken to remove the new structures. Inaction, as well as regulation was within the federal government’s prerogative.

    A great deal of was at stake for the expanded corporation. The possibilities for cheap and efficient generation of hydroelectric power in the region were enormous. Even today, though the metallurgical works at Glen Ferris were dismantled long ago, the sixty-five-year-old power station still produces five megawatts of electricity for the corporate successor to Union Carbide. But the potential of any plant built along the relatively calm flow of the Kanawha was infinitely less than that of one that might tap the swift waters of the New [River]…For several years the company made no public move to exploit that part of the river. Quietly, however, it acquired titles to key sections of the river bottom and adjacent lands. (Emphasis added) By 1924 topographic maps and blueprints showed a system of dams, tunnels, and powerhouses for the production of hydroelectric power. (18)

    Meanwhile, Union Carbide & Carbon Corporation planned to build a new metallurgical complex at the village of Boncar, five miles below Glen Ferris (Kanawha Falls). “These works were to be far larger than those of Kanawha Falls, would require far greater resources of power,” notes Cherniack. (19)

    Google map showing important sites in Fayette and Kanawha Counties, West Virginia. By M. O’Leary.

    Cherniack continues,

    With this in view, early in 1927 the company formalized its acquisitions on the New River by forming the New Kanawha Power Company to develop them for hydroelectric power generation. [Emphasis added] Ostensibly, this new enterprise was chartered to construct public utilities in West Virginia, but no serious attempt was made to pretend that New Kanawha was more than a legal fiction created by the parent company. The operating officer who presented the request to the Public Service Commission of West Virginia was Leonard Davis, the executive vice president of Union Carbide [& Carbon Corporation]. The chief engineer of the new company, O.M. Jones, had long been on the engineering staff of the Electro-Metallurgical Company. For several years before the new company was incorporated, he had supervised plans for the Hawk’s Nest Tunnel and the Boncar plant. [Emphasis added] The commission readily licensed the dummy company to develop and produce power for general public sales and for commercial use. In the company’s brief history, however, this power had only one purchaser: Union Carbide. The New Kanawha Power Company was an administrative chimera, combining solitary corporate control with minimal liability. Commissioned to produce hydroelectricity, it did not genera a single watt under its own name; a licensed public utility, its entire bounty was kept in private hands. (19)

    Dayton adds, “Union Carbide often operated through New Kanawha Power to plan the construction of the tunnel, set the terms on which the work would be done, and supervise the construction. New Kanawha Power was…responsible for the “medical care, safety, precautions, ventilation, food, water and housing” on the project.” (Emphasis added) (20)

    In May 1927, the New Kanawha Power Company filed with the federal government a declaration of intent to pursue its plan for the New River. This was to include two dams, two tunnels, and two power stations, as well as the plant at Boncar,” says Cherniack. “The site for the dam and tunnel were well chosen. Only a short distance upstream from Gauley Bridge, halfway to the spectacular promontory known as Hawk’s Nest, the river bursts out of the New River Gorge, in which its formidable volume of water has been confined between narrow walls for over sixty miles.” (21) In addition, the site for the tunnel’s inlet was 162 feet higher elevation than the tunnel’s outlet. When the water emerged from the tunnel, its “caged ferocity” would power the four generator turbines, which generated the electricity destined for the new metallurgical plant at Boncar!

    When the federal government did not act for several reasons, which are beyond the scope of this Biot Report, Union Carbide & Carbon Corporation filed the declaration of intent to pursue its plan for the New River with the State Public Service Commission, which gave its full approval to New Kanawha’s plans for development. (21-22) The commission remained docile throughout the huge construction project, savoring the huge benefits that “large infusions of capital from outside might bring” to West Virginia’s depressed economy. “The Alloy plant represented just the kind of modern industry that might prove a successor to coal mining.” (23)

    Indeed, “the manner in which the New Kanawha Power Company informed state officials of alterations in plans was cavalier,” avers Cherniack. “The original proposal was for two contiguous tunnels, each to have its own dam and power station….Two years later the company amended its declaration with construction plans that included only a single, larger tunnel and improvements on the old works at Glen Ferris…A similar vagueness characterized the company’s descriptions of the metallurgical plant it would build at Boncar. This was represented to be like the plant at Glen Ferris, which employed about 150 people. [A senior official at Union Carbide] implied to the commission that the hydroelectric station would provide power for several industrial sites. In fact, the Hawk’s Nest power station, and the enormous tunnel that served it, were intended solely for the use of the Boncar plant. The size of the tunnel and the capacity of the station—, which the company would later boast could illuminate the entire city of Charleston—suggest that the Boncar facility was planned from the first to become an industrial mammoth. Not long after the plant’s construction, the name of the town was changed to Alloy in honor of its chief product: ferrosilicon alloy, widely used in the steel industry. (24)

    Aerial view of carbide ferro-alloy plant in Alloy, West Virginia; looking upstream on the Kanawha River. Source: http://farm1.static.flickr.com/193/450243814_4f43ea7f7c_o.gif; accessed May 7, 2009.

    Rail cars filled with coal at Alloy, West Virginia. Source: http://www.railpictures.net/images/d1/5/9/2/4592.1220616629.jpg; accessed May 7, 2009.

  5. Working in Hawk’s Nest Tunnel
  6. Of the 35 who bid on the construction rights for Hawk’s Nest Tunnel in September 1929, the lowest bidder, Rinehart and Dennis Company of Charlottesville, Virginia (home of Thomas Jefferson, James Madison and the University of Virginia), won the contract on March 13, 1930. Rinehart and Dennis was widely appreciated as a seasoned, quality company that had already drilled 51 tunnels, many for southern and eastern railroads.

    There were penalties in the contract for the project extending beyond two years, so Rinehart and Dennis, under the watchful, directive eye of New Kanawha Power Company, under the watchful eye of Union Carbide & Carbon Company, broke ground on March 31, 1930. Cherniack writes, “Word that construction would soon begin had already spread throughout the southeastern United States. Workers were pouring into the Gauley Bridge area” at such a rapid rate, “many questions were raised as to how such speedy marshaling of a work force had been possible…According to Rinehart and Dennis, ‘The men employed, especially those in the tunnel, were largely recruited from workers who had previous experience in tunnel work or coal mining, since the power project site is in the midst of railway tunnels and coal mines…But [the local experience miners] were a small proportion of the total work force, which numbered nearly five thousand men. The male population of the county [Fayette] was over 80 percent white. According to Union Carbide’s own records, 65 percent of the workers were black…Few of these blacks came from Fayette Bounty…Only 738 whites ever worked inside the tunnel. The tunnel workers were then mostly migrants,” not local miners. (25)

    Black migrant workers came on their own volition. They were never forced using press-gang methods, says Cherniack. Rinehart and Dennis did send recruiters to the Carolinas and Georgia to attract labor for the tunnel. One 18-year-old from South Carolina said he “first heard of the tunnel through a work acquaintance, a company stringer who was supplied with bus fare and a stipend to promote employment among southern blacks. This teenager, his father and his uncle had previously worked for Rinehart and Dennis on seasonal jobs in the Carolinas. “The boy paid his own fare to Gauley Bridge. He was immediately added to the rolls because he was known to several of the contractor’s foremen.” (26)

    At least 3,000 of the 5,000 men who worked on the massive Hawk’s Nest Tunnel project worked inside the tunnel. Of these 3,000, 75 percent were black. Almost all of the foremen (68 men) and operators of heavy equipment were white.

    The conditions inside the tunnel were dusty because the crews were blasting through crystalline sandstone most of the time, which generates splintery, butcher-knife-type silica dust flour. All of the problems associated with mining silica-rich rock had been identified and documented in a 1917 publication by the U.S. Bureau of Mines, as described elsewhere in great detail. (5,27) Remediation measures identified by the U.S. Bureau of Mines and used in mines in the U.S. substantially reduced mortality and morbidity. (5,28) Union Carbide & Carbon Corporation had taken core samples along the course of the proposed tunnel before construction began, and knew the rock was extremely high in silica (between 96 and 99 percent, for example, in shaft 1 at the powerhouse). Indeed, they captured all of the silica rock mined in the process of excavating the tunnel (some 300,000 tons in 175 rail cars of ore a day, according to Cherniack) and sent it by railroad to Boncar for later use as a critical raw material in manufacturing ferro-silicates. (28)

    If dust remediation methods truly had been continuously used, as Union Carbide and Rinehart and Dennis witnesses subsequently testified en masse and in lockstep when an avalanche of worker lawsuits were filed, workers would not have developed silicosis to the extent they did (more below). “Wet drills were seldom used except on days when word was swept through the tunnel that the state mining inspectors were coming,” notes one source. (29)

    One indicator of the stress of the tunnel work was the extraordinary work force turnover rate, as documented in Rinehart and Dennis payroll statistics. “Sixty percent of the men worked month tunnel less than two months, 80 percent less than six months, and 90 percent less than a year. The average length of employment was fifteen weeks for a black worker, sixteen for a white worker.” (30) Of course, there were many reasons for leaving tunnel employment, including employee roughness by foremen at the lower level of company authority (there were no unions then and no procedures existed for arbitrating grievances), but inhalation of dust must have been one of them.

    “The ribs of the tunnel through Gauley Mountain are starting to take shape. Source: http://www.wvgazette.com/mediafiles/thumbs/275/218.9/101907_I090331170355.jpg; accessed May 7, 2009.

    Hawk’s Nest Tunnel workers. Source: http://www.asmalldoseof.org/historyoftox/1900-1930s/hawkminers.jpg; accessed May 7, 2009.

    Hawk’s Nest Tunnel interior. Source: http://img.geocaching.com/cache/3908_200.jpg; accessed May 7, 2009.

    Unfortunately, Union Carbide & Carbon Corporation/New Kanawha Power Company/Rinehart and Dennis never measured airborne silica dust, “a remarkable oversight, given the availability of techniques,” notes Cherniack. Thus, after-the-fact attempts to sort out the truth during lawsuit trials degenerated to he-said-they-said anecdotes, covered admirably by Cherniack. (31) The suing workers said the dust was “so thick that a man working in said tunnel could only see a man to distinguish him from ten to twenty feet” while officials of the New Kanawha Power Company testified they “never saw dust, or at least not enough to say it was dusty” and that the quality of air inside the tunnel even exceeded that in the courtroom. (32)

  7. The Company Physicians
  8. As noted above, New Kanawha Power was…responsible for the “medical care, safety, precautions, ventilation, food, water and housing” on the project.” (20) Rinehart and Dennis provided medical services. “The quality of these services cannot now be clearly determined,” notes Cherniack, “but they were required by terms of the contract with Union Carbide, which read

    The Contractor shall provide adequate medical and surgical care for his employees; and for this purpose shall designate one or more approved competent licensed physicians, satisfactory to the Engineer, who shall at all times be in readiness to supply such medical and surgical services, shall have the care of its employees, shall inspect their dwelling, and stables and sanitaries as often as required, and shall supply medical attendance and medicines to the employees whenever needed. The Contractor shall provide from approved plans, one or more rooms properly fitted for the purpose of an emergency hospital. (33)

    The two physicians hired for the purpose were “Dr. Mitchell” of Mount Hope, West Virginia, and “Dr. Simmons” of Alloy, who was associated with the Electro-Metallurgical Company. They received 25 cents per person examined. “During the subsequent trials and congressional hearings, many derogatory comments were made on the failure of these two men to appreciate the health hazards connected with tunnel work.” Indeed, Dr. Mitchell said at one trial that when “he undertook work for Rinehart and Dennis he knew nothing whatever of silicosis or other occupational diseases.” According to the Charleston Gazette (March 29, 1933), Dr. Mitchell admitted in retrospect seeing more than a hundred men affected with silicosis. “He claimed to have sent many of them to the Coal Valley Hospital…[He] routinely assured ailing workers that their symptomatic coughs and pneumonia were a transient condition, “tunnelitis,” caused by harmless rock dust.” (34) Cherniack is incredulous that “two physicians who practiced in a coal mining region and worked either for or with a company expert in tunnel construction should be ignorant of a disease so common as silicosis.” (34)

    Cherniack, an occupational physician, downplays the importance of the incompetence of the two physicians, saying their “lack of acuity…was not a decisive factor in the evolution of lung disease, because medical competence would not have been a successful first line of defense against exposure to silica dust. It has long been a cardinal principle of industrial medicine that initial measures should rest on quantification and control of exposures rather than on the recognition and treatment of symptoms of disease.” (34)

  9. Dr. Leroy Harless
  10. Dr. Leroy Harless was a prominent local and “unusually knowledgeable physician” skilled in mining medicine and pneumoconioses, notes Cherniack. Astonishingly, Dr. Harless applied for one of the two company physician positions with Dennis and Rinehart, but was turned down, according to his son. When tunnel workers got no relief from Drs. Mitchell and Simmons, they often requested the services of the “old doctor” whose office was located at Gauley Bridge. Skidmore wrote in his literary depiction of the Hawk’s Nest Tunnel disaster, the following:

    During those days women went from one shack to another, asking for home cures, for broths and teas extracted from bark and herbs, that might cure a misery in the chest. They placed onion poultices over their husbands’ chests at night and set a brew of red pepper, sugar and vinegar on the back of the stove to simmer, for word had gone around that it would relieve a congestion in the lungs. Once Nettie Pugh borrowed two dollars from her neighbors and walked to Gauley Bridge after [Dr. Harless]. She had made four trips after the company physician, but when he finally arrived he only examined Roger’s eyes, listened to his chest, left a bottle of pills and departed.

    “I gib’ him dem a’ready. It don’t do him no good.”

    “Give him some more.”

    That night Nettie had lain awake, listening to Roger’s rough, labored breathing, lifting him up in bed when he seemed in danger of choking. The following morning she took the ninety cents left form his last pay, borrowed the rest and went for the old doctor who had served Gauley Bridge for years before any industry but mining had entered the ancient valley.

    [Harless’] examination was thorough, and Nettie, standing at the foot of the bed, watched him with wide, patient eyes.

    “It’s something they get in the tunnel,” the old doctor stated, pouring out a bottle or faddish-yellow medicine. “I haven’t been able to find out what it is yet. It may pass, but I don’t think so. Meantime this will give him some relief.” (35)

    Dr. Harless positively diagnosed “silicosis in more than 150 living tunnel workers and in the cadavers of nine othersHe first recognized an association between tunnel dust and silicosis in 1931 and had made the first diagnosis of acute silicosis that appeared on ax death certificate in Fayette County.” During his examination of some 175 tunnel workers, he said, “obtained the worker’s industrial, medical, and family histories, conducted a physical examination [and] recorded the results.” (36) Of these 175 tunnel workers, 95 percent had silicosis.

  11. Undertaker Hadley C. White
  12. In 1931, Rinehart and Dennis paid money to Hadley C. White, an undertaker from Nicholas County, to dispose of an undetermined number of unclaimed corpses of workers who had died on the job. White received $55 per burial, $25 more than the going rate for burying the county’s paupers, and buried around 30-33 bodies, each in its own pine box and own flat gravestone in a cemetery he had laid out on his family farm on the outskirts of Summersville, the county seat of Nicholas County. White dispensed with embalming except when transport and burial were delayed by bad weather. White’s son, Howard, who assisted his father in the burials, recalls 40 such burials. Howard also recalled, “They were buried in homemade wooden boxes made of inch-thick oak. They were buried in their work clothes, in some cases still covered with the silica dust that killed them.” (39)

    In a popular account, which Cherniack cannot confirm, White supposedly performed 169 such burials. (37) Union Carbide’s internal report on mortality noted 67 requests for White’s services—5 for whites and 62 for blacks. (38) Of these 67, White buried 45 on his farm, noted Union Carbide & Carbon Corporation.

    Cherniack continues, “In fact, business was so brisk that White established a temporary morgue in Gauley Bridge, thirty-five miles from his mortuary in Summersville…The White family contends that the cost of shipping the remains of migrants to their homes necessitated the higher fee [of $55/body]. Records show that the corpses of ten black men employed by Rinehart and Dennis were shipped to their homes in the South,” mainly in North Carolina and Tennessee. (38)

    Hartman sheds additional light on the number of bodies hauled away from Hawk’s Nest Tunnel area in 1930-1031. He writes,

    Jim Crow laws of [the era in which Hawk’s Nest Tunnel was built] prohibited black workers from being buried in ‘white’ cemeteries. Since there were no official black cemeteries nearby, some of the first African-American workers to die in the tunnel were buried next to a slave cemetery behind Summersville Presbyterian Church. But the growing number of African-American deaths created the need to find a burial ground in the vicinity of the construction site…The Hawks Nest tunnel workers began getting g sick within six to eight weeks on the job, making the need for an efficient way to dispose of the bodies even more acute for [Rinehart and Dennis]. “Some of them were shipped home, and their arrival at the local train station may have been the first time their relatives learned that a husband or son was dead…”There were rumors that others were buried along the riverbank and covered with rock from the tunnel.

    In 2008, Hartman was determined to locate the resting place of the doomed Hawk’s Nest Tunnel workers. He found only one mass burial site on a corner of a Nicholas County farm owned by the mother of Hadley C. White, who operated White’s Funeral Home in Summersville when the Hawks Nest project was underway. “The farm was apparently used as a burial site to skirt segregation laws of the era that extended to death as well as life. Hartmann turned up a record of Hadley White testifying during a 1936 hearing that he had buried 58 to 60 Hawks Nest workers, including ’33 Negroes on his mother’s farm because there was no other place to bury them.’” (39)

    In his attempt to locate the cemetery, Hartman noted on a 1972 map a site near Summersville marked “unknown cemetery” containing 63 burials, all located on property that had once belonged to the White family.” He then learned that this cemetery had been relocated to make way for a four-lane highway (U.S. 19). The graves, which a now-defunct North Carolina firm moved in 1972, ended up in the lot of an abandoned housing project bought as right of way for U.S. 19 improvements. White finally located the graves when his eye caught the glint of something metallic at the end of a narrow paved road amid brush and young trees. The object turned out to be an aluminum stake bearing a small metal frame—one of four or five temporary grave markers still in place. The relocated cemetery contains only 34 or 35 graves, probably because of co-locating graves upon reburial. (39) Indeed, Cherniack notes, “A contractor from North Carolina was hired to exhume the graves and relocate any remains that might be found. No headstones or other markers for identification were discovered, but there were indentations in the earth. In forty-five of these, bits of wood and skeletal parts were found, having been relatively well preserved by properties of the soil.” (40)

    Hartman said, ‘I’ve wanted to find these men for years, both to solve the mystery of where they were buried and, if nothing else, to apologize for the way they were treated. I expected to find a larger cemetery that wasn’t overgrown with brush and littered with trash that maybe had some kind of a marker explaining how these men died, but here they are, in an unmarked graveyard next to a highway. These people just disappeared. Progress and bigotry killed them. Even after their deaths, these men received very little hospitality in West Virginia. The part that makes me ached is that they didn’t receive any better treatment in 1972 than they did 40 years earlier.” (39)

  13. Hawk’s Nest Tunnel Completion and Repercussions
  14. When Hawk’s Nest Tunnel project was mostly completed in December 1931, Rinehart and Dennis paid the surviving workers and sent them away. Injured silicotic workers and the families of diseased silicotic workers filed hundreds of lawsuits, as described by Cherniack in vivid detail. “In a settlement that followed a deadlocked civil trial, the families of deceased workers with silicosis received compensation payments of $600,” notes Hartman. (39)

    Albert Maltz. Source: http://www.moderntimes.com/maltz/image/maltz.jpg; accessed May 7, 2009.

    Secretary of Labor Frances Perkins. Source: http://www.nndb.com/people/829/000080589/frances-perkins-sized.jpg; accessed May 7, 2009.

    The silicosis disaster at Hawk’s Nest Tunnel could easily have remained a local (Fayette County) story in West Virginia. However, on January 8, 1935, Albert Maltz (1908-1985), an American author and one of the infamous blacklisted Hollywood Ten screenwriters, published a short story titled “Man on the Road” in the small left-wing magazine called The New Masses. The story “concerned a miner he picked up while driving through Gauley, West Virginia. In the story, Maltz described a man of about thirty-five years who was abandoning his family and going off to die. The hitchhiker dictated a letter to his wife explaining that he was unable to get work because no one would hire any miner who had worked in the tunnel.

    Hit it all comes from thet rock thet we all had to dril. Thet rock was silica and hit was most all of hit glass. The powder frum this glass has got into the lungs of all the men war worked in thet tunel thru their breathin. And this has given to all of us a sickness. The doctors writ it down for me. Hit is silicosis. Hit makes the lungs to git all scab like and then it stops the breathin.” (41)

    The following year (January 1936), the federal government became involved in the Hawk’s Nest Tunnel hullabaloo. The “Committee on Labor of the House of Representatives convened in order to consider a joint resolution ‘to authorize the Secretary of Labor [Perkins] to appoint a board of inquiry to ascertain the facts relating to health conditions of workers’ employed by a subsidiary of ‘the Union Carbide and Carbon Company.’ As the resolution read: ‘[O]ne hundred and sixty nine of said workers were buried in a field at Summersville, West Virginia, with cornstalks as their only gravestones and with no other means of identification.” (42)

    Indeed, the Roosevelt Administration, after addressing the immediate crisis of the Depression, “turned its attention to the long-term social crises caused by the extreme dependence of the industrial work force. Congress passed the National Labor Relations Act [guaranteeing workers the right to organize] and the Social Security Act and even began serious discussions about national health insurance. The silicosis issue was a ‘natural’ for the newly revived Department of Labor under Frances Perkins, because it was a national problem that was causing dependence, disability, ill-health, and economic disorder among elderly, retired, unemployed, and disabled workers, the very groups that Perkins had targeted in the social security legislation.” (43) Perkins convened the 1936 National Conference on Silicosis, as described elsewhere. (44)

    Rosner and Markowitz summarize the national silicosis frenzy prompted by the Hawk’s Nest Tunnel disaster:

    In the early years of the Depression, the crisis over silicosis seemed to mirror the crisis in American society in general. In the midst of increasing labor and management discord and in social and economic conditions that no one truly understood, the problem of disease, disability, and death seemed to be spiraling out of control. In these early days, the issue of chronic industrial disease, specifically silicosis, was subject to a broad examination in the professional as well as the popular press and the courts. For the first time, that was formerly the preserve of a narrow band of experts [e.g., physicians, mining engineers] gained the attention of labor, management groups, insurance executives, and finally government officials. The early efforts at defusing the crisis through amending workers’ compensation laws met with only partial success because of the complex local politics of labor and management in any given state. Without national legislative standards and without a uniform approach, such efforts sometimes created more turmoil rather than easing tensions. The Department of Labor therefore stepped in to help create a national consensus that would respect labor’s point of view and integrate labor into the decision making process that would define the parameters of the silicosis issue. (45)

    Fifty years after the Hawk’s Nest Tunnel silicosis disaster, the U.S. Congress created and President Richard Nixon signed into law the Occupational Safety and Health Administration (OSHA) Act (December 29, 19970). OSHA became a new unit of the U.S. Department of Labor. “Its mission is to prevent work-related injuries, illnesses, and deaths by issuing and enforcing rules (called standards) for workplace safety and health. The OSHA Act also created the National Institute for Occupational Safety and Health (NIOSH), which is a research agency focusing on occupational health and safety. NIOSH, however, is not a part of the U.S. Department of Labor.” (46)

  15. Union Carbide and Carbon Corporation, Post Hawk’s Nest Tunnel
  16. Rinehart and Dennis went bankrupt several years after the settling of the hundreds of lawsuits, but Union Carbide and Carbon Corporation escaped virtually unscathed. In 1957, Union Carbide and Carbon Corporation changed its name to Union Carbide Corporation. In 1984, the Union Carbide India Limited plant disaster occurred at Bhopal, India. In 1986, Union Carbide Corporation divested its agricultural products business. On August 4, 1999, Union Carbide Corporation became a wholly owned subsidiary of The Dow Chemical Company.

  17. Ending
  18. By the end of 1937, forty-six states had enacted laws covering workers afflicted with silicosis, which authorities viewed as the prototypical occupational disease. OSHA has been fulfilling its mission since 1970. A country club sits (once intended for the pleasure of the Union Carbide staff, now privately owned) on top of where Camp 1 for the Hawk’s Nest Tunnel workers once stood. (40) West Virginians have erected no signage in remembrance to the fallen silicotic miners at the country club or at the cemetery of the unknown African-Americans. The military does a better job of honoring its fallen heroes than certain soulless corporations. Because there has been no atonement for the Hawk’s Nest Tunnel disaster, eighty years later, it still inflames and disrupts. It is difficult for this writer to find a redeeming quality in the perpetrators of this disaster—the senior management team of the Union Carbide and Carbon Corporation. The Hawk’s Nest Tunnel was so beautifully built that it works as well today as it did 80 years ago.

Notes:

  1. Hubert Skidmore: Hawk’s Nest. Knoxville: University of Tennessee Press, 2004, p. 30.
  2. Martin Cherniack: The Hawk’s Nest Incident: America’s Worst Industrial Disaster. New Haven: Yale University Press, 1986, p. 12.
  3. Hubert Skidmore: Hawk’s Nest. Knoxville: University of Tennessee Press, 2004, p.viii.
  4. Martin Cherniack: The Hawk’s Nest Incident: America’s Worst Industrial Disaster. New Haven: Yale University Press, 1986, pp. 104-105. Cherniack writes, “An estimated toll of more than seven hundred men, arrived at through a series of necessarily speculative but consistently conservative calculations, may well be too small. It is clear that many deaths occurring in Fayette County went unreported.”
  5. SEMP Biot Report #621: “Death by Silicosis: The American Experience, 1880-1920.” May 5, 2009. Available at http://www.semp.us/publications/biot_reader.php?BiotID=621.
  6. Hubert Skidmore: Hawk’s Nest. Knoxville: University of Tennessee Press, 2004, p. ix.
  7. Themistocles D’Silva: The Black Box of Bhopal. Victoria, BC, Canada: Trafford, 2006, pp. 27-28.
  8. “Electric arc.” ScienceClarified. Available at http://www.scienceclarified.com/Di-El/Electric-Arc.html; accessed May 7, 2009.
  9. Dramatic YouTube video: “True electric arc.” Available at http://www.youtube.com/watch?v=NQQMK1Rvq0A&NR=1 and http://www.youtube.com/watch?v=eqRkEMfEtTo; accessed May 7, 2009.
  10. George Frederick Thompson: Acetylene Gas: Its Nature, Properties and Uses; Also Calcium Carbide, Its Composition, Properties and Method of Manufacture. Originally published in Liverpool by the author in 1898. Now available through Kessinger Publishing’s Rare Reprints, p. 25.
  11. “Discovery of the commercial processes for making calcium carbide and acetylene.” Historic Chemical Landmarks, American Chemical Society. Available at http://acswebcontent.acs.org/landmarks/landmarks/cal/index.html; accessed May 7, 2009.
  12. “Thomas Leopold Willson.” Dictionary of Canadian Biography Online. Available at http://www.biographi.ca/009004-119.01-e.php?&id_nbr=7775; accessed May 7, 2009.
  13. John Alexander Williams: “Hawk’s Nest tunnel.” In West Virginia: A bicentennial history. New York, W.W. Norton, 1976, pp. 159-186.
  14. Martin Cherniack: The Hawk’s Nest Incident: America’s Worst Industrial Disaster. New Haven: Yale University Press, 1986, p. 9.
  15. William Winthrop Betts: “Chalicosis pulmonum or chronic interstitial pneumonia induced by stone dust. Journal of the American Medical Association, Volume 34, Number 2, January 13, 1900, pp. 70-74. Available for a small charge at http://jama.ama-assn.org/contents-by-date.1900.dtl; accessed May 7, 2009.
  16. “History of Union Carbide Corporation.” Available at http://www.ucarbide.com/history/index.htm; accessed May 7, 2009.
  17. The West Virginia State Archives holds records of the Union Carbide Corporation, as described at http://www.wvculture.org/hiStory/ms2002-064.html; accessed May 7, 2009.
  18. Martin Cherniack: The Hawk’s Nest Incident: America’s Worst Industrial Disaster. New Haven: Yale University Press, 1986, p. 10.
  19. Ibid, p. 11.
  20. Tim Dayton: Muriel Rukeyser’s The Book of the Dead.” University of Missouri Press, 2003, p. 18. Available at http://books.google.com/books?id=2LVMfXRXOc8C&pg=PA39&lpg=PA39&dq=20.%09Tim+Dayton:+Muriel+Rukeyser%E2%80%99s+The+Book+of+the+Dead&source=bl&ots=Pcpy4I2cBm&sig=UVhUWMOm481J_VwYy-jkoOwBQFM&hl=en&ei=suYQSvToDpzyswPS2cyIAw&sa=X&oi=book_result&ct=result&resnum=2#PPA18,M1; accessed May 7, 2009. “The Book of the Dead by Muriel Rukeyser was published as part of her 1938 volume U.S. 1. The poem commemorates the worst industrial accident in U.S. history, the Gauley Tunnel tragedy. In this terrible disaster, an undetermined number of men died of acute silicosis after working on a tunnel project in Fayette County, West Virginia, in the early 1930s. After many years of relative neglect, The Book of the Dead has recently returned to print and has become the subject of critical attention. In Muriel Rukeyser’s “The Book of the Dead,” Tim Dayton continues that study by characterizing the literary and political world of Rukeyser at the time she wrote The Book of the Dead.” Source: http://www.amazon.com/Muriel-Rukeysers-Book-Dead-Dayton/dp/082621469X/ref=sr_11_1?ie=UTF8&qid=1242619453&sr=11-1; accessed May 7, 2009.
  21. Martin Cherniack: The Hawk’s Nest Incident: America’s Worst Industrial Disaster. New Haven: Yale University Press, 1986, p. 12.
  22. Ibid, p. 13.
  23. Ibid, p. 14.
  24. Ibid, p. 15.
  25. Ibid, p. 17.
  26. Ibid, p. 18.
  27. Edwin Higgins, A.J. Lanza, F.B. Laney and George S. Rice: Siliceous Dust in Relation to Pulmonary Disease among Miners in the Joplin District, Missouri.” U.S. Department of the Interior Bureau of Mines, Bulletin 132, 1917, Washington, D.C. Available at http://digital.library.umsystem.edu/cgi/t/text/pageviewer-idx?c=joh;cc=joh;g=umtc;rgn=full%20text;idno=joh000006;view=image;seq=1; accessed May 5, 2009.
  28. Martin Cherniack: The Hawk’s Nest Incident: America’s Worst Industrial Disaster. New Haven: Yale University Press, 1986, pp. 38,41.
  29. Hubert Skidmore: Hawk’s Nest. Knoxville: University of Tennessee Press, 2004, p. 185.
  30. Martin Cherniack: The Hawk’s Nest Incident: America’s Worst Industrial Disaster. New Haven: Yale University Press, 1986, p. 33.
  31. Ibid, p. 46.
  32. Ibid, p. 47.
  33. Ibid, p. 36.
  34. Ibid, p. 37.
  35. Hubert Skidmore: Hawk’s Nest. Knoxville: University of Tennessee Press, 2004, p.183. I am assuming that Skidmore’s Dr. Robinson of Gauley Bridge was a pseudonym for Dr. Harless of Gauley Bridge.
  36. Martin Cherniack: The Hawk’s Nest Incident: America’s Worst Industrial Disaster. New Haven: Yale University Press, 1986, pp. 60-61.
  37. Ibid, p. 59.
  38. Ibid, p. 95.
  39. Rick Steelhammer: “Hawks Nest worker graves lay forgotten for decades.” The Charleston Gazette, February 24, 2008. Available at http://wvgazette.com/News/200802230569; accessed May 7, 2009.
  40. Martin Cherniack: The Hawk’s Nest Incident: America’s Worst Industrial Disaster. New Haven: Yale University Press, 1986, p. 111.
  41. David Rosner and Gerald Markowitz: Deadly Dust: Silicosis and the On-Going Struggle to Protect Workers’ Health. Ann Arbor: University of Michigan Press, 2006, p. 96.
  42. Ibid, p. 97.
  43. Ibid, pp. 101-102.
  44. Ibid, p. 105.
  45. Ibid, p. 104.
  46. “Occupational Safety and Health Administration.” Wikipedia. Available at http://en.wikipedia.org/wiki/Occupational_Safety_and_Health_Administration; accessed May 7, 2009.

Source: http://www.semp.us/publications/biot_reader.php?BiotID=622