The San Francisco call., 1896-05-14
A Streetcar Motorman Black
listed Because of an
Accident.
SAID TO BE UNAVOIDABLE.
His Deposit Money Withheld by an
Oakland Branch of the South.
ern Pacific.

Labor Commissioner Fitzgerald is about
to lock horns with the Southern Pacific
Company in behalf of a railroad man who
has incurred the corporations displeasure.
c.. n. Hinkle, an electric railway motor
man by calling, is on the company's black
list. That is, he is unable to obtain en-
ployment on any of the many electric
streetcar lines controlled directly or in
directly by the Southern Pacific.
Some time ago he secured position on
the Telegraph-avenue electric branch of
the Oakland Railroad Company. The
latter institution in Oakland is the counter
part OF the Market-street Railway Com
pany in San Francisco. Hinkle was obliged
to give the company deposit of SIS to
insure the faithful performance of services
and to make good any damage caused to
his car by his carelessness or neglect.
All the street railroads owned by the
Southern Pacific Company compel their
motormen, gripmen and conductors to
make these deposits. They now aggregate
many hundred thousand dollars.
More than that, Mr.. Hinkle was COM
PEELED to insure in the Pacific Surety Com
pany, which many believe is part of the
Southern Pacific system. At least no
streetcar company in the system will re-
tain a motorman or gripman who declines
TO take out $500 policy, for which the IN
fortunate empioye must pay 81 so year
in premiums. This insurance is a guaran-
tee on the part of the surety company to
make good all loss to the streetcar COM
pany caused by damage suits caused by
the carelessness or negligence OF the in
sured employe.
IN hu
Hinkle to the Labor Commissioner vester-
day, he had paid the deposit and was in
sured according to orders. On the night
of March Is, the car under Hinkle's con-
troll knocked q woman down. The motor
man states he has witnesses to prove that
he was not at fault
The streetcar company kept him al
work for over month after the accident
and in the meantime the woman brough,
suit for the recovery OF damages. The case
was compromised for $3.50 on April % and
Hinkle was at once discharged.
The surety company said it would pay
S225 and the streetcar company made W
the balance, $25i but this sum was the de
post made by Hinkle for the safety of hi:
car. Hinkle states that the company also
endeavored to keep back his wages or
some pretext or other.
Hinkle made efforts to secure work or
other lines of the Southern Pacific system
but found that he Is practically black
listed. No company will hire him unless
he reinsures in the Pacific Surety Com.
pany, and this com pany declines TO issue
10 him policy unless he pays the amount
of the damages it had to pay to theiujureo
woman. The motorman is unable to re.
turn the money to the insurance company
and the railroad company refuses to re-
turn to him the $25 deposit due to him
upon leaving the com pany's service.
Labor Commissioner Fitzgerald states
that the demand of the surety company
for Hinkle to stand the amount of the
damages amounts to self insurance for
which he is forced to pay 50 80 year. He
maintains that the acts of the street rail-
way company and the surety company are
particularly unfair, because Hinkle had no
voice in the compromise with the injured
woman, and that possibly if he had he
could have proved by several witnesses
that he was blameless in the matter and
thus have avoided the payment of any
damages whatever.
The proposition of the Labor Commits
soner, however, will be to test the right of
the railroad company to withhold Hinkle's S
$25 deposit. Deputy C. l.. Dorm has
written 10 NJ. NJ. Martin, superintendent
of the streetcar company, for his reasons
for not giving Hinkle his deposit Mr..
Fitzgerald proposes TO take the case to
court and see If the money cannot be OBJ.
tanned. Many similar complaints have
been made by railroad employees and it is
now the intention to have the courts de.
eide under what circumstances EMPLOYERS
can refuse to pay back this class OF
deposits.