The San Francisco Call. Newspaper, March 1, 1907, Page 6

: : ant- [ T cases where the same could in justice be "f : : 41 d, and 1 have ever stood for “a fair day's pay for a fair day's work,” but it was clearly shown | > ° e ° * by testimony that, iu my opinlon was not suc- 5 cessfully contraverted (and 1 have given great | cornelius ays ajor. someats et ood L B s 2 the time tables prepared by him), that an elg) bour day would be impracticabje on a street rail- ° A M f C t d L] t ° way sratem subject o the cofditions prevalliag in a large city. and particularly ed ; eographic: K Francisco, and having ‘ rec a mvass o ontradaictions Fufeiial B e P ol v } “rush’* Bours. Indeed, the testimony disclosed ‘ the fact that any fat hour schedule was impos- | By Richard Cornelius sible, ‘ani the atfempf, 3 proposed, to meet thia by allowin ““leeway entirely ne e i ‘zmeni fl;? a flat hour day. We consider the | HEN in 1903 our organization and the United Rallroads went Into arbitration over wages and hours, K aims of all *he carmen, and not that of the i nd the third man was selected from New York, there was a very general feeling that If he had ‘r-;l‘né:‘r:}"c:gl;~mlz' ;:;!K{';dsg'g;gg_m‘;}“d:; e ( , S af ( ’ntrac | been choxen from California we should have received a better verdict. This arbitration, however, || fotzolng vessel making u trig that comsumed | 01 c] ¥ v | shows very clearly that there are some rich men in California who are as much opposed to labor as the rich T R At B sebodule: 1 e Cobs l hmitted by the o rmen. The crew who would {] Prem e Nom WMo an Bave the short shift would either have o re- | It is plain that the evidence obtained at the Pacific-Union Club had far more eflect than that taken In open celve starvation wages, or wages so dispropor- as mpor an QCTOY || mcctiasn of the arbitration board. 1t tn mutartunate for we that we azs net members of the Pacife-Usien Clab. | I am at a loss to understand the working of Judge Beatty's mind or the method of reasoning by which - P . | reached the conclusion announced in his opinlon. We felt that after the arbitrators had been selected, Continued from Page 1, Column 7 ”'nm‘ ‘dnmruk»‘» emwr: :’m is in force as of that, provided we could produce the m ldndes fo. Sikatibiante o) b 38 APl saely A e 6ih duy of September, 1906, HeRRE - v ¢ S E e 2 as| CASE OF 1'""‘,; STREET RAILWAY At the start, however, it was quite evident to any onme interested that the Chief Justice leaned to the side of the B CONSTRUCTION MEN || corperation, for on several occasions when points were being made by our side the Chlef Justice showed con- Laborers are to receive nnl'lflb than $2.25 P“l‘ | siderable irritation, which was absent whenever the company was having its say. We hoped that this in- v B By g R o o <, oot clination on the part of the Chlef Justice would have no bearing on his final decision, but apparently 1t did g § s St eange afford an indication of the result that was to follow. e B B L e | The findings of the majority of the board of arbiiration are a mass of contradictions. They lay down | 18tk day of § Pavers 40 seosive not losy Lian $5.00r So7: the elght-hour principle, but it Is only because that principle does the least harm to the company; in fact, the 4 g Mgl Gays is to be paid for at time 888 | yiews of the majority opinion ss regards the eight-hour dny are so elastic that the principle may be made to b i ation of Strvet e conform 1o the hest Interests of the employing company. While no one will say that the unions which have re- leen What 5 : e T hikiaen e ceived the eight-hour day are mot entitied to it, it will be admitted by every disinterested person that if they Labor day, Fourth of July, | are entitled to it, the platform men are also, for no reasonable man will believe that ome who works om the holiday falle on Sunday, the streets as n common Iaborer is entitled to a shorter day and better pay than the man on the streetcars in San The following is the dlssenting opin- Joing Moodus is 1o be reckoned 8 bolidny ea| | Francisco under present conditio: fon of Father Yorke: B N - g Tickets of transpor S By the company’s own figures It been clearly demonstrated that its operating expenses are less than mié@cnz:o;azgaref Ov;n;;‘eu::a;;;gng_ By W o Iifi.’,.x"f"fwl?m effect s of the Oth day o 45 per cent of its gross income. The company’s income for 1805 was $7,086,000. In 1908, with all the losses oe- et s shor e e A N N v ws Ficcast of e platforn men 18 complicatel | casloned by the earthquake and fire, together with the strike which lasted for half a month, the recelpts | |was found, however, that the unions, - X hy the ¢ s written oo - By the vnlons, Rev. Peter C. At et ariets of stipuiations | | were mearly $6.000,000, and it iy safe to say that in 1907 they will amount to more than they did in 1905. This in ;o;muhmngmn::l:sder::m?:. :;:g l:yv o Tkt . 55, Doty 2 exp " 3 4 ages and hours | G ARa Sorne SEtta 3 ug J.:;v: W. H. Be as the : nlr‘\rl regard to Y,L;‘u--r’" the un- | will show a clear profit to the company of over $3,500,000. Judge Beatty has been credited with arguing that the arbitration agreement, and it be- the board <y (1005, for a | the demands of the carmen would mean an Increase in the operating expenses of the company of $400,000 a year. came necessary for the board at its o T had therefore This amount, divided among 2000 men and thelr families, out of $3,500,000 profit to the stockholders of the com- first meetfll;xg t? t‘;)ns‘\dt,ar andl;ieflne mxe : L e e n: S pons o sn rbes ol Car Eoait 3 Aout Anealukitocconnider kndcaenie 4 | - . wake el TEM L etk und Bre ot | | PMB¥, secmis (o Judge Beatty to be too much. Besides, he overlooks the fact that the income of the company ts || limits of fus Ju upon this paint was - - e , 1906 : constantly increasing and that it grows faster than the population of the eity. e o Coot daratin e ihe : ; ANieg | AR SHD U5 UK es v e Ak | Judge Beatty seems to be made up of contradictions. He approves the wisdom and the justice of the | | effect that under the agreement of the t and it | B fuciuding mewbers of| | clght-hour day, declares he i In sympathy with It, but only In #o far as it does not affect the company to any ap- parties - the !t;‘nly quesflf::r’!oo‘be‘as; e . resumed thelr fo positions o % Queans e e e rar“wohcing under| | preciable extent, for the three unioms which have beem granted the elght-hour day are comparatively inalg- cided wers the proper I n '“""'n.}i,‘f'ffi"iz.e":flav‘f-'.:f . nificant, against the platform men. The bringing In of the contract into the case after having deelded it It 1s unfortunate that, owing to some e employment were of could bave no bearing on the arbitration proceedings Is unjust In the extreme. We feel we have established our disagreement between the representa- - A e | elailm to the eight-hour day, and, although we have not heen granted it at this time, we extend our stncere Ftaw of ARe: ooy Sud TS SR erous by the p——— T r“‘ h“"" | thanks to the press for its kind expressions toward us, and to our arbitrator, the Rev. Peter C. Yorke, and to our stenographic report of the first day's oeee Hilleg the camparatively amail mumber of counsel, Messrs. Johnson and Troy, for their splendid efforts in our behalf. proceeaings. My recollection of ihe cars in service. These con jons also ipcreased | > matter is that counsel for the railroa e o o Tht niniine “l'l.b s bt e ! | insisted in his opening statement that - Bt s Scamsadsnce” boreoes the 1 SER L —% | there was a contract yith the men, that the correspondence between the whicl - osds and the unions in August aud s were to p e in e the mem! of all the returned to work, and on the 1Sth of | Owing o the pted ember the arbitration agreement quoted iu the electric workers' case ring. W was not wembe ments to wos Eince that date the vy statement has been deemed oD o Sabek . Gaesting " 'y becanse counsel for the carmen in exchange of views, and they the formal statement of tleir case before the . 05 5 siview UF ghe = board of arbitration bave rely ignored ‘the -G s . the purties Lound themselves t by whick In the triul of the cuuse they Lave s in 190 violstion of members of t o show such a deliberate pra some by the company as Justifies them in v s of s nonexistent, wl counsel for be. veen the o pany has strenuously denled any vlo- ug parties w the th iation of the contract, and declare that “‘this | pitrator the y bis casting | company has never made, snd does not make, vote of a compromise | any walver of its rights uuder said agree- ~iew seemed u Just regard for the | ment vights of the parties ) Y NG . in stating the sward upon the cases of the ORNFPARY. NOY Y0 NLANN electrica workers, the stationary firrmen and the Dot necessary he_evidence or the slight @ifferences scems very clear to me that the position of r parts &% to this matter is melutaiuable. e change condiions under wiich th n were oo wk after the fire wi t eansed b the earthqus! fts lin ed 1o pumercns a tract o he begnn adjusted by s this preltminary statement 1 proceed to decl award as foliows AWARDS OF BOARD conc with all the s of the con- mition by them 2 complicated rondi it ‘was a tacit rec that ain fall force in respect to its Case uf tie electrical workers—wages provis [ of and rates of. Armature winders und electrical machinists fo | ®ages, as weil as with respect to other stipn- the power bouse Intions motwithstauding the changed cemditions Pt receive mot less than $4 per |under which the labor was to be performed. P - Untfl the formal complaint of August 18 wa Apprentices 1o receive not Jess than $2.50 per | presented to the company, its officers were ju tified in assuming that the carmen, recognizing Thereafter 8o long the serfoux disadvantages under which the street Any Quring their first vear as they continue in the employ of the compauy s to be increased not less than 373 | car business, Jn_common with all other kinds of ents per ey mn often as once In Slx Months | business, must be conducted during fhe period until they equal journeymen’s wages. Wages of | of reconstruction and rehsbilitation of the lines apprentices in special cases may be more read- | aud their equipment, were willing to go on ily sdvanced at the option of the com under thelr agreement and accept the harder Station shopmen and lamp - condltions of the employment us their share of Journeymen to receive wot less than the com lamity. When that complaint was day made, allegiug a violation by the company, not Apprenticis 1o reccive mot Jess than of the letter but of the &pirit of the contract, Thercafter so long we compuny ss than 25 and when there was a fallure to act upon It promptly, a strike was ordered by the union and the men quit the employment of the com- x monthe— | pany in & body. This, it is contended, was & to make & | violation of its contraef by them, and especially of that provision of the contract by which the dny during their first year. #s they continne in the emp thelr wages 10 be increased cents per day as often as once in the company to have the same optic more rapid mdvence in specinl cases No award is made to station construction and | parties had agreed to submit amy differences n that the company em- | that might arise as to its construction, to the s of the uion ision of a board of arbitration. We do not find ON OPERATO it pecessary, however, 1o decide any of these re paid by t wonth, and tions #s to breaches of the contract, and the rates in the erent stations e been $80. are only mentioned in pessing for the pur- $55 and $90. Tl ates are advanced from §80 of fortifying the comstruction we have o $96, $55 to §102, 90 to $108. Bach operator ed upon the @cts of the parties subsequent o have one dsy Off in each gnonth, with full | to_the strike pay | We consider that Mr. Calhoun's letter of Sep- PYNAMO TEXDERS AND DYNAMO WIPERS In each ciass the wages to be mot Jess than $2.50 per dny.. No award is wmade 88 to the underground men, because none are employed by the company immedistely upon its receipt amounted mutual waiver of all clalms of breach of con- tract, and was in effect an adwission that it was and should remain o full force as to all LINEMEN of its provisions except as to hours of labor Poremen to réceive not less than $4.50 per day. | and rates of wages, and that as to those mat- Journeymen not less than $4 per day. ters it should be modified 80 far and so fer only Apprentices 1o receive not less than $2.50 per | that the board of arbitrstors might hold that @ay during the first year. Thereafior 80 long s | the more onorous condition of the service en- they continue in the employ of the company ' sulng the earthquake gave the men a claim, mot their wages 10 be incressed not less than = legal obligation, but resting solely upon con- ® often s once in six months cents per day #iderations of natural justice, to a_lirger com- until they eq journ men's wages, with the | pensation, and to shorter hours. We proceed, option to the company to make & more rapid ad- | therefore, to consider thase points: vance in special cases. EIGHT HOURS IMPOSSIBLE CAR _BARN AND TRUCK MEN WHO WERE | MEMBE OF THE UNION ON SEPTEM-| The company 15 asked to grant a uniform BER 6, 1506 elght-hour day for all men belouging to the Foremen are to receive pot less than $110 per | union, embracing platform men, 1. ¢. conductors, month | motormen &nd ~ gripmen, switchmen, linemen, Journeymen now paid $2.80 per day to receive mot less than $100 per month Jeurneymen pow paid $2.00 per day to recelve | not less than $S5 per month | All employes in this class to have one day of in ench mounth, with full pay | HOURS OF LABOR itors, car cleabers and signal men, rate of $3 per day for all platform men, instead of the present schedule of 25 cents an for the first yesr, 264, cents for the secoud\ year | and 273 cents for the third year and thereafter, nd & proportionate increase for uil other than With two exceptions, eight hours shall consti- | platfors. men. tute & dey’s work for all electrical workers. The | The company -objects to the request for an excentions & eight-hour upon various grounds. The cars First—In the eame of the station opers: re operated more than sixteen and less than who work upon four-hour duy those shifts Guring @ twenty- |twenty-four bours, %o that they could not un- the shifts are changed every der any circumstunces be divided into eight-hour ut it appears to be established by | regular shifts, and even If the ears operated necensary for the safe | throughout the twenty-four hours $r for omly stations that the retiring | sixteen hours the runs could not be so regulated ain on duty for a time with as to begin end end with the beginning and end- tukes bis place. This extra ing of an ejght-hour shift, not only because the the overlap and bes hereto- trips could not be 5o timed, but because there fore been ome hour. The bonrd is unwilling to | are certain rush bours in th¢ morning and even- wholly set aside this arrangement, and bas | iug of every week duy when a large mumber sought to compensate the operstors by an ip- | of persons going to or returning from thelr busi- crense in their wages. | ness reguire a large temporary addition to the Second—In the case of the linemen employed uumber of cars inarily required during other 4n making repairs as @istinet from construction hours of the day. work, the hoard is satisfied that repair work | _With the exception of & very small number should be conducted upon the system known as of owl cars the roads are fn operation for only shop to shop. in which the actual working time | about twenty hours @ day and during those 3n & mine-hour duy docs Dot materially exceed twenty hours the number of cars in service chght honrs varies greatly from hour to hour. For these Upon_these considerations m nine hours' day |reasous and for otber reasons it has been found s vetained in the case of the linemen engaged | 'mpossible to arrange time tables upon -rx 3 repair work and workiug shop to shop, and basis, whether of eight or of ten hours, whi the for the station operstors is fixed - Will give the different car crews runs of equal wt & balf 1 duration, though @ large percentage of the. men Men working overtime are o recelve tinte and Wy be given runs but little longer or but little » half wages up 1o 12 o'clock midutghi; after *hborter than the standard of eight hours, or of midnight they are to recelve doubie time wages, | 11 hoirs, Work on holidays 1 10 be paid for at double | twbles, time TRtes. The Anyr 1l be mecks oll. | #t11] more considersdly falling below the stand- R R Ner Yo v, Sams o ied.. T¢7in"n ehort, & pocersity of the. busiaees 5 h | that the pl lorn men m ‘work, some them oo i Christis e, coaration dey. | T cor and some of them for shorter hours on Sunday. the | OTeTY Oay. . : - /- sidered a holiday, LABOR NOT SKILLED These provisions us o extra pay—for over. 3 done gime—do not_apply to tation aperatars or cor. | TH® best that can e R Bom o, e o, e e sy v T, 8, a0, S8 PRl 3u0. nor namo wipers or drnamo tenders, who practice now B iy, Vo i, 0 S e e 10 s, S0, [0, B _sctn B 222 D ie mward inken oot 10 b in foroe gy |PeTI08 Of twenty-four hours during which the U5 cars are operated can be divided into two ten- SIS O ey & Bcpieniber, 2908 | bour shifis, and for that reson ten bours bas Pl o exaveemsny vmimpen | $5 I B RS S PSS WAGES It is true. e has been shown by the evidence Water ‘tenders 1o receiv §7 per day. produced before the board that tables can be Wipers 10 receive £2.50 F-r ey framed upon an elght-hour basis which will give HOUR! the same service to the publie that it maintaing Wion o stution i operatored throughout the at preseni—that i 1o say, twenty-four howss, tie shifts are 1o be eight | same umnber of trips between termini—with hours, and for each suift u duy’s weges is to by the same headway, and ‘the same time, but puid. t of runs necessarily_be greater. When & station is operatored Jess than twenty- | o there afl runs to o bervice with the and there wonld necessarily be & « four hours and ioss than three hifts, time? number of extremely short runs, in excess of t bours shull be reckoned es ibe new O extra men, as they are called, "”n;k All overtime i to be paid for at time l'hl!:. ‘b‘oum&‘_bk P:"Q of :hJ and & rates. -t T, All work on bhélidays shall Sages e o ol Tils do, o 1y mind, o ety atrions Siertith !to the short hour time tables. According the evidence s, wen of sver- voluntarily | tember § and the return of the men to work | to a| track sweepers &nd oflers, car washers and jan- | and-a “flat | conneeted with the bullding trades, whose services have been in such extraordinary de- mand that they could fix their own prices for constant employment, and the same thing 1s true as to dealers In building material and the owners of bulldings In those parts of the city epured by the fire. But, putting aside these | reasonably necessary in u position which willy not support them. 1t is not only a wise, but, | to me, an eminently Just policy as beretofore | pursued by the company to so frame its time | iables as to give the largest possible number of | its new men an opportunity to earn living wages case. | while walting promotion from the class of extra | This brlef and inadequate discussion of the principal argument bearing upon the points of difference of & majority of the board and one | of our members must suffice as an explanation | of the giounds of our award In the carmen’s A full discussion of the great mass of the i Findings this contract ruled’ the proceedings, that the business of the board was to find out if that contract had been lived up to. If it were decided that the company were blameless, in considera- tion of the circumstances, the com- | men to that of reuar full-time men. &r course, | fortunate excepllunx.l the mase of the peto‘::lq evidence lllll;:nlned at the hearing, and the | pany, he said, was willlng to submit | there is an argument on the other sice wi | bave suffered bheavily, and none wmore an | numerous polnts made in- t impossible ™ o1 Vi 1 G0 not seek to minimize ju fuyor of limiting | e ible | the matter of any increase in wages to those who were working for wages in occupa- tions in which the demauds for their services was lessened and for a time suspended by the in the time at our disposal. AWARD FOR CARMEN the period of labor to eight hours, Whereas the | nature of the business will admit of better ar- the board. To those things counsel for the union { Sepempats. But even if e f;“ “"‘“P":::;‘gmnnlt &mnprhm of busiuess. The rlrmrn‘f Our --n‘d lnb the case of the platform men | replied that the contract did not enter 10 deal wisely with a question Involving so | were of this class, and s fur as they were un-'for the perfod between September 6, 1906, and he scope of the arbitration that aifficuities a the: # sents of tine tables ) aple to obtaln, or unwilllng to accept employ- | May 1, 1907, Is as follows: 1:‘:0 “'e Lot Whlok The Danrs s for the romds op 4 by this eomp | ment in other lines, the comparative rapidity| For the time within thelr first year of ser- | tD€ ONly qu . would be mo practic object that o which the company was able to put cars in | vice, conductors, motormen and gripmen shall [ t0 conslder were those of hours and n;m-melmh”h) a decision upon this point in mc.,‘,p,"“o!,; on"“,, cable unudhy emvenh;g them recdelv'c pay at the "2"0“ 51 ceuts per hour, | wages, and that these questions should Lresent cas ‘ | tuto trolley lines, was un advantage to the men | and for overtime 37 2-10 cents per hour. vithout reference to the For nearly six of the o {weeh the | which Is fairly to be Welghed against Tie un-| = For the tme within their mecond your of | oot miethor o eanirant Tae ecistod | @ate to which this award September 6, | joubted hardship of having to deal with the | service the same employes shall receive 82 |1906) and the explration of the existing coh- | unruly crowds carried by the fewer cars in| cents per hour, and for overtime 38 410 cents. | OF NOt. - tract between th parties (May 1, 1907,) Lave service. It is claimed that'twice the former pum- | ~ For the time within their third year | reads elapsed. Tie men have all tiie time been yor of "pessengers per ear mile have been car- | longer years of service the same employes actually worklng uuder time tables framed UL pie gince the fire, But this is far beyond the | shall receive 33 cents per hour, and for uver- the teudowr stapdard. = We canuot give UMl gragh. With the exception of the Fillmore-| time 39 6-10 cents per hour, overtime to be reck- back thowe extra hours of { we woul whug | street and Fillmore Hill Jines, the fares col-| oned with the same allowance for leeway bere- can only glye them a fabr compensation for What | jected sliow that the number of passengers | tofore made. | they Lave done by det b ot hte | Per_car has mot exceeded the number formerly | ~As to hours, we make mo change in the ex- [Bour they must be puid, Havlg fxed 4 Just rate | carried by one-fourth. These figures, however, are | lsting smangements based upon the ten-lour pensation pe he time tabl 25d the me not a etrictly trustworthy basis on which to esti- muy be safely 1oft to the | mate the overcrowding of cars for two reasons: 1t will make bat little { see to the company ifthe rune are sbort | ol' Hoine, “OF® anedere: ud peconds. be: | ndjutraent 5 o concemeq o) 1t 16ft 107 | (1o scope of this arbitration, it is the, e :“,L,:":f,‘:‘,"-r,‘,f. cause, In spite of every effort of the conductors, | As to the other employes of the company, be- | unanimous opinion of the members of = ne mate, and € 18 Dot to be doubted :M;no;! mnn{’ persons A(fl:;lxty mrxlp«lxi l;avr vl»:;;n | ‘5".';:“(" ;omxiv'efl- Ag:ll -mg: lAnoch’nAm of | the board that our powers and duties Mot whe W d ' able 10 evade paymen ‘ares. But making | Street and Eleetric way Employes of er- o fined - by the . written | it where no clush of lutecests 1 possible Ue | every ‘reasonable allowance o these grounds | ica (Diviston 203), the evidence. &s too in- | 218 C! L CRINAS AR A | y - Jie | the whole increase on all lines has probably mot agreement o D 3 . by | cowpietely as its paramount duty to the pu | will permit, for it is but justice to the company | to = f there is no evidence before us of u | disposition ou their part o lguore the reasouable requests of any of thelr empicyes. And even ith reference to the fgture—with Teference, at is to say, to the period commencing on the exceeded 30 per cent, and it is not pretended that the labor of the platform men is increased in equal proportion to the increase in the num- bers carried. The burden i particular instances | has no doubt been very greatly increased. but in other and the great majority of instances | the increase has been comparatively small. If | wward in dollars and cents. other than the carmen, { | 18t of Msy next, when the present coutract be- | degree more onerous since than before the except the Increased cost of living, they sl divisfon. This award does not hold after the first day of May next, and after that time the definite to enable us to meke the specific We have agreed that as there 18 no posi- tive evidence that the members of the board, have been compelled to work under conditions in any considerable o~ QUESTION ON CONTRACT It was on this controversy, not on the extraneous matters contained In the men’s complaint, that the decision was rendered which appears in volume 1, page 1, of the testimony, as follows: “Upon the question raised at our preliminary meeting yesterday as to which the parties agreed to submit their differences to arbitration, that the only matters to be decided are | the proper hours of labor and the falr rates of wages for the employes of the 11 | railroad company.” n the untan aud the sompany will have ex- | 1t were possible to reward each man in pro- | raceive, in addition to the wages they were recollection as to this matter Is Plred- we shoutd e B wred that the | portion to his deserts, there would be many m-i to receive under the contract, an addition of co:‘grmed by the ";m_,s 'h“' Py members of the unjon would desire time tables | ividuals entitled to more extra pay than they | 15 per cent In all cases. For those who are | A h e e upon the elght-bour basis, uuless that | can receive under the award which we feel justi- | employed and paid by the day or moath, eight | peared in the San Francisco- daily { cone w were coupled with a coucession of fied in making, but it is one of the drawbacks ! hours constitutes a day's work. While employed | papers of October 31, 1806. In all of to the determinstion of a controversy involy- ing the merits of so many separate claims, no two of which stand precisely on the same llholr furtber demands of a flat wage rate of $3 | per day. For the erld;-me I‘h:lfll lhll‘ fll:’ men, | Laving the right to select their runs in the or- | dor of 'sentority, almost fnveriably select fho | grounds, that our award must be general and | lougest runs. Their motive, of course, is to in- | based upon an average which, while it may do | crease their earnings, and this motive will coo- |Jess than justice to some individuals, it will | tinue to operate In the future. Tiere ean be | do full to the mass. | no such thing as an eighbt-hour day in its strict | seuse for the platform men. None of them could have ruos lasting just eight hours, Some would | exceed that time, some would fall short. A few | would be very considerably more, and a larger | number still very coveiderably less. In such an employment a flat wage rate is impracticable. The men must work by the hour and must be paid by the hour, or else an injustice will be 15 per cent advance. This award takes effect and 1s in force as the 6th day of September, 1906. days of this date. Provided Is Adequate doue. If we felt warranted in saying the com- any would pay the rate demanded for eight ours, i. e., 373 cents an hour, it is highly prob- | able “that 'the long runs—the runs exceeding | eighit hours—would continue to be chosen, but we | do ot feel warranted in making a 40 per cent | addition for the time covered by the contract to | the rates thereln stipulated. Although in this | particular the company has waived the contracts | and has offered to do what Is fair, the fact that there was a coutract remains an element to be | considered in determining what ls falr, and es: pecially it remains Incontrovertible evidence of what the parties to it considered a fair rate of wages for the period of two years.elapsing on the 1st of May, 1007. MORAL OBLIGATION AT LEAST The contract voluntarily entered into has a moral if not a legal obligation.- Of course, if it had been true, as alleged; that the company | imposed new and harder conditions upon . the men, they. would have been justified in morals, as {n law, in quitting the emplovment, either individually or as a body. But w2 do.hot find that the compauy ‘‘imposed” the new condi- tians, which heve given rise to this coutro- Such uew conditions were ‘‘imposed’’ Major McLaughlin rendered the fol- lowing concurring opinion: For the sake of industrial peace in San Frap- of ‘the unprejndiced employe at least. biy exist to fustify such a scale. Mr. Chief Justice Beatts. 1 am deeply im- pressed with the calm and dignified review by | the Chief Justice of the issues involved lu these arbitration proceedings, and, while the wages awarded are abnormdlly high, 1 realize that|It needs no testimony, for it s !I‘;ey ":l lnte:v’de’d by (h; ?h"t:f J?l(lcor l? ae!‘t worldwide kuowledge, that abnormal conditione, ane erefore feel that, | tions here are temporarily abnormal. under all circumstances, 1-should not dissent e therefrom. 2 The cause of labor, fn the hands of the :Chief Justice, rested with a safe, kindly just and con- sclentions friend. His clear and fmpartial rea- attended with burdensome or unusual tions, matter qnake and fire, up to this date, and in alf must attend the daily efforts of all toll, be it .the mechanic, laborer, S and paid by the bour, they are to have only the All sums due the men by the terms of these several awards shall be payable within sixty McLaughlin Thinks Raise Says Eight-Hour Day Is Not Feasible be conceded to be “‘falr’ from the polnt of view A most abnormal condition of affairs must unquestiona- 1t would not ¢isco, I concur in the conclusions reached by | be just to our city nor to the State to declare that employment in San Francisco is ordlnarily condi- Such a statement would be untrue, un- wise, unjust and extremely injurious to our eity. existing condl- In every i-walk of life since we were smoked with the professional ney Moore’s contentlon and of Attor- ney Johnson's answer, together with the statement that the board had taken the matter under advisement. In the case of the electrical workers, I agree with the findings. I do not agree with the statement made on page 5, ine 1, and following: “In the case of the station operators who ~work upon three shifts during a twenty-hour day: The shifts are changed every eight hours, but it appears to be established of the safe operation of the stations that the retiring operator shall remain on duty for a time with the- operator who takeés his. place.. This extra time is known as the. overlap and has hereto- fore. been oneé hour. The board Is un- willing ~wholly to set aside this ar- rangement and has sought to compen- sate the operators by an increase in thelr wages.’ - £ AGREES ON OTHER REWARDS In my judgment the testimony did not establish the necessity of any overlap. I.consider the increase in wages mer- ited, not by.the overlap, but by the in- creased work of the operators during their .regular shift : I agreed to the of Marrie e T Kl LD B m half-hour overlap simply as a compro- edges of discomfort, delay and even suffering ‘mise.- . In the case of the stationary firemen I agree with the decision. in and | them Is given the substance of Attor- | by the evidence that it is necessary for | onately high, that it woull naturally and fusti 4 the long shift men. T | ereate discontent amo e fhough- the carmen went 1o reat pais i o iieh fhe . practicability of an elght | sehedule, in my judgment they wholly failed tu | 90 - matter of principle T consented to the o Botre and the $2.50 per day wage for ths R e at present employed by the United Ruil ds, having faith that our award will secure for the United Rafiroads a class of laborers whi Wit do their work I » | " Throughout my services on Bonil of mitd { tration.1 have Deen molely moved by an desire. to act Justlys 10 give to tie loubt, { and to do ) and it it benefit of every possible utmest to bring about a my sincerest hope that the | Vative members of the mnions wi | lence misehief breeders who. for their ¢ | pones, may seek to ereate discx } " In "conclusion I desire to exp: | thanks to my colleagues, M | ty ana Rev. Fatber P. C. | stant kindness and court | high admiration and respect Yorke. for their com and to record my or them. Father Yorke Makes Vigorous Attack on Arbiters’ Award Contends That Platform Men Are Not Is Their Due | clear to me that the contract was terminated | B3, he events of April 1S. It is the universa opinion of moral theologians and s indeed * | @ictate of common sense that ° obligatior | of a contract should be taken according to tis | consent of the comtracting parties reasonably understood so that such consemt should mot by extended to unforeseen circumstances whi-l | greatly change the object of the contraet. Tn object of a contract is tbhat about which thi jcontract is concerned, and the object of the contract between the United Rallroads and the Carmen’s Unlon was work at st ot raflwa | transportation. The events of April 18 wer certalnly unforeseen recumstances. Those cumstances feil directly on the oblect of contract, namely, labor at street ra ay trans portation, and certainly subjected it to very great changes. EMPLOYMENT CHANGED The condition of the which reets is a circumstaney Intimately ‘touches the labor of strew portation and the comdition of e escription from me. The dis bance of the population by destruction of ol ence distriets aud creation of new rest districts dire affects the labor o street failway transportation. In all humis history there’ has not been a disturbance o urban population on such a seale as that canses by the -earthquake and fire of 1906. The trans migration of the business distriets directly af fects the labor of street rallway transportatios and the transmigration of the business dis trict has been as complete as the transmigra tion of Babyloa. There have been conflagratines which ‘bave destrored mueh of the business dis tricts of cities, but mot even In € has there been a conflagration that mad clean a sweep as this. |, These are not circumstances affecting merely the manner in which the work is performed they affect the work itself. - Stace the fire ther: | bas been move work for carpenteis, bricklayen and the buflding trades in general, but the na ture of tie work or the amuont performed by the worki ndividual has not changed. doubt they ar t but their individual brie bricks, .his to medium - w) The individual number of nafls, ed by general con: self Is the same. Thy the same number bave not deterforated and his it was and the steel or his pla {as fine. The storek e shop._ asst | ants bave to thair locations, bu | uged their occupa tlons snffe: On the com 1s the very work of th carmen that changed and lest the econ: tions of the streets, tie disturbance of the pop | nlation and the transmig ion of the busines district shogld not be sufficient to create new | and - unforeseen perturbations in the object o the contract, namely, the ork of street trans portation, the com chose at this time t 2dd the only other rbing element possible and turned Its cabié s _into e ric- lines this reducing the roliing k practically om | half. Hence, I belitge that 1 am justifed i saying that in the cowi: sturbance of the resh tricts” and the Iimita such unforeseen and introduced into the namely, sent given %o the contract reasonably be extended t April 18, 1908, and. no longer entails an tribunal of comscienc | RIGHTS NOT YIELDED That the carmen by returning to work aftes | the eartiguake tacitly recoguized that the com | tract remained in full force I am mot convineed | The men returned to work the same as every | body else returned to work. They were nof | thinking of contracts and stipulations; they wert | thinking only of doing # man's part in the al | leviation of the 'territle conditions that sur | rouiided them and in Delping. s far as in them | lay. the rehabilitation of the city. I cannet agres with the statement msde in the deeision, pagt 12, line 11, that “until the formal complaint of August 18 was presented to the company its of flcers were fustified in assum'iys that the can men, recognizing the serlous disadvantages um der ‘which the street car business, in commos | with all other kinds of business, must be com ducted during the period of reconstruetion ané | rehabilitation of the lines and their equipment were willing to g0 ou under thefr a t and accept the harder ccnditions of their employ ment ag their share of a common ealamity. | Sueh an interpretation of the carmen's actior | seems to me untenable. Perbaps in normal com | ditions, where the performance of a contraci {had been momentarily interrupted. the resum tlon of its performance might be taken as a tacll renewal of the agreement. But the conditiont | after April 18, 1606, were mot normal . condd tions, and the conditions are not yet normal Inter incondid silent leges. As I have already sald, the serious disadvantages under which othet business is conducted do not touch the sub | stance of the business. It is no harder now | lay brick, to hammer nails. to sell gloves, that | 1t was before the fire. But the serious disad vantages touch the very substance of all intrs | mural” transportation, and more especially thy | transportation of street rallway passengers There is no parity whatsoever between the worl of thie carmen and the work of the other trades The carmen have borne and are still bearing the brunt of the catastrophe and far more than thel share of the common calamity. Indeed, to my mind the most teu $ of the streets, the and business dis of the rolling stoc) ‘antial changes wer of the contract that the eon of 1905 comld ae the conditions afte therefore, that fthe contrac moral obligation in the s object the labor of the carmen, soning must appeal to every man not warped by xllrllul\lhlpf‘p:l:d lmtfl%u tinged with par- tisanship is not arbitration. The carmen of the United Raflroads could not come together and, so, to reach a-fair, un- prejudiced award the entire controversy was submitted to arbitration with a view to securing a wage scale that under all of the existing con- ditions and circumstances would be considered sct of God alike upon the company, its Jemployes aud the patrcns of the road. The de- struction wrought Ly tlie ‘gre aud the earth- queke imposed a peculiar vy loss then upon the compeny at the same time that it deprived the men of their means of livelibood. It was to the interest of both that the car service should be restored as speedily as possi- man or. merchant, clerk or all and every one, man or woman, working and living in our eity. But during normal conditions the work of a carman in San Francisco is in no sense arduous. It '.fl.n oecnp:fig Wh& as aflvfll by the very demands of the union, can be mastered in seven days, has the benefit of the open air, tare of this whole afalr was the callousnes wara ‘etr ampleres uail w:nn“znguu“ i w: yes un . of Angust These officlals were quick to se¢ and seize the undoubted company that the fire and their r. they Bad siwars In the case of the street rallway con- struction workers I agree with the de- cision. . d 3 In the case of the Street and Electric Rallway Employes of America, Division | No. 205, I agree with the decision of the M:KH with complete shelter. wit ble, and it was more especially in the interest per L4 of ‘the public that as many lines should be opened as could be put in operation at once. The first duty Of the company was to the public, and there is nothing in the evidence t shake the couvictions generally entertained at the time that this duty was discharged with fair—fair to the men and fair to the employer. When arbitration ceases to be falr then arbitra- tion itself will cease. Though the United Rail- roads did agree to smbmit the wage aud hour controversy to arbitration it did not, of course, contemplate an exorbitant or an unreasonable were lald grippe, colds Influenza. The creation of Compare this ew York, where, on the 1Tth inst., as stated in the New York Sun of that day, over 2000 employes of the Brooklyn Rapid Transit off suffering with this board was necessitated board in so far as it concerns those members who are not motormen, grip- men or conductors. I do not agree with the statement that the evidence does not show that the work of the men obtained Pflh‘- for whicl m they spent like water to make privileges secure. there was one strategic position that spised or peglected—the hearts of their eomrxv knew their loyalty, their sacrifice, theli trials, and yet thers was never a word of coursgement, never ray of promise. "I-e: last nature could stand no more and the mef put in thelr bill of gi.m the comfort that the offielals of company ghve the 1 cus, in part at lesst, the permanent Total ..... o Sy $699,%00 it we have erred in any particular we have :a::ffm-:';f the 'electric system over the catle | At b per cent per annum it will require about | erred in favor of the carmen; but we sought to System in point of economy and efficiency of | $14,000,800 to earn this increased expenditure. - even 3 of th ears. Residents of and visitors to our dtth: what lamity such ‘woul Ro6S Wodld ity mors 1y It then. he.meshicic ration, but it is {rue at the same time that the intereet of the public and that of the com- pany coincided in vantages oyer the cable system for THIRD INCREASE IN WAGES . The carmen are given an average increase of about 22 per eent.'lflnk hours remaining the manner. The great ad- operating street cars are conclusively proved by the fact| same. The emnloyes affected these Bt wiienercs (e grades dre. nracticuble ‘the | tler than carmien, Wl ket & lehk peSeentugs o | OFjJeborer deprived ‘of traasportation to cables bave been abandoned In favor of eleetric | fncrease n money than cent: indeed, than Tom: Ji Wk motors, aud the report of Mr. Willlam Bartlay | jess than 20 per cent, buf wn the ADMITS ABNORMAL TRAFFIO Parsas 1o the Merchants’ Association of San | compensating advani of the of one| fThere can be no contradicting the self-evident Francisco, duted November 20, 1905—one of the | hour per from their working time. It is|fact that during certaln morning and evenin exhibits put in evidence for the union- to be noted fhat the cdrmen have already, with-|hours and to some extent during the noon hour in_ detail the many advantages of the in the past four years, had thelr increased | the conditions of the present car transportation system for San Francisco. The compauy, there- | twice, and that this is thelr increase in|are abmormal. The crush, discomfort and fore, in converting its cable lines into ml:? wages. No such conditions exist as to the other hnuemmmwv.lnmm nmw:;nrmn:wt-poflqe?nlg‘ - | men, except a recent of working hours | ever, in all large cities—Chicago and New Y vantageous to (he city and to itself. it| in gome of the depa ts. It 1s also to be ‘partien! t the same hours. In fact, Mr. was also pursuing a policy of immediate ad- | noted that while the carmen for §3 ’rr day, M. Johnson, fn his most able vautage to thae public. in view of the emer. | the award gives them from $3.10 to $3.30, ac'|argument, read fnto the records 2 de- gency which above all things required that| cording to Jength of service—a x of the everyday car transportation Some service, howerer | tnadeqtate; “shonia be | ity ot ‘he chrmben faling Inio the 8300 clats. oy i J s (gt Tines. 115 Iuse, Boas PALS. I, cititg ] 0 omis SUATEA, A8 alypudy Maiaf, Ty SIVERE poy Ruchs. {ggetben Y same as here! i < These. conditions have prevailed, were had_all been destroyed b; Despite the jon of Rev. Father Chlcago, New fire which rouwdwehmflm- the | P. C. Yorke of the wages of the carmen undi ‘x" m.nu:gl u:’:-mme’um ruins of the machinery for that pur: | our award, yet award ‘ut are a mew condition In our city, and solely pose ouly served -to render the installation of | est wage seale i by the earthquake and Srher “machiners more “diZfcolt and cubject o | e i o Kreater '\ nder Wi the universal belief at the time that the | ey ’“';: to ‘emergency demanded the conversion of those | geale), tan lines into trolley lines for the interest of the | Oakland modern pubile. and the ‘taken to put the California | of faet, things, in “partial tion has demonstrated the | tion e e R “oundzess of hat opinion. for and Somier, ADSOLVES UNITED ROADS does not. on the board of arht- gy I with the labor But the B 4 wage. Yet under our award it will mean an|and its deliberations and has 0me mOrs onerous. commenduble energy and prompiltude. adltion o the payrolls of the company of about | Siring ' most WNIMTAL COBAIIN of Tabon rent | " n ne case. ot Tha ematform me % S S D vt oty | $700,000 per year, as follows: rices of commodities, etc. The conditions. suing a nlfld-h P‘DHCY. |lmldnl "t?:;"‘lli'l mm{:: O ¢ 000 character, To| that 18 to say, the men employed as advan n " conver : AT SR T 3 T i oy e ey ot | Gl i rciaa LRSS | o G e by B e b ke g, | moformen Eripmen and sonductors, 1 TE 5k probably ‘true ‘that the motive for this tpite the conditions mentioned I firmiy belless | reasoning with Which the award is men was, “Live horse and you'll get grass.” CONTRACT NOT INVOLVED supported. ASSAILS PLATFORM DECISION On page 8 of the decision, line 1, ‘Wnd following, it s stated: “Case of the street and electric employes: This case is complicated by the circum- stance that a written contract, con- taining, among a great variety of stipulations, explicit provisions in re- gard to wages and hours of labor, had st tbnm.cnnunmmmfl- of the 'riod. That expression states the n'ul.nw!lu where the altered Coutract, ‘the coutract still bo Increased ltlncel' do not fall on the of been entered into between the union :‘:mntm and the company in January, 1905, for| tract; but the wi a term of two years, extending from | e work ltself Is May 1, 1905, to May 1, 1907." Selorabie, thi In my judgment the case of the car- men is no more complicated by the contract than is the case of the elet- tricians, the stationary firemen or the construction workmen. The four cases came before the board on precisely the same footing and under the same agreement. There is no satisfactory reason to my mind why one of them should be singled out for extraneous L a, 5 2 B P Hfifi: |