New-York tribune., 1907-12-12
DROPS ERIE COMPLAINT.
Public Serlice Board Says Porter
Takes Place of Trdinmdn.

Albany Dec lin a decision made public to-
day by the Public Service Commission in the 20
District, certain phase of the so-caLed lulI
crew. proposition advocated by the brotherhood
Of Railroad Trainrlen of the state is disposed Of
The commission dismisses the complaint of Arthur
W Evans, legislative representative of the train
men, against the Erie Railroad Company as to
alleged insufficient number of men employed on
certain Of its passenger trains
The opinion is written by Chairman Stevens, who
holds that the commission has power ito require
a sufficient number of TO be employed upon
any railroad train to operate II with proper dis
patch and with due regard TO the safety OF the
public and of employees OF the company; TO require
proper examinations by each railroad corpora tion
OF all persons prior to entering Its employment
in order TO insure the selection OF competent per-
sons for the performance OF duty. and to require
the discharge from the employment OF a railroad
corporation of incompetent persons.
The complaint set forth that certain trains
the Erie maintained only brakeman flag
man, and the assertion made that addi-
tional brakeman hagman should ordered
The Erie replied that in addition brakeman
a negro train porter employed OF these trains
distinct from the porter employed On the Pullman
coaches, who competent 20 perform the duties
of tagging trains in the regular brakeman
left behind.
In his decision Chairman Stevens says:
1t therefore clearly appears from the complain
ants own statement and evidence that he has ne
complaint 10 make regarding the number OF men
sumed from his evidence that the number is en-
urely sufficient for all purposes connected with
those trains provided the employed are COM
petent TO perform the duties connected with the
trains. The only duty TO which he has called our
attention that he complains the
petent to perform IS that of tagging and the only
ernploye said by him to be incompetent perform
that duty IS the colored porter. He does not
claim TO have any knowledge regarding the
potency of any given porter for this service
does he claim to know what examinations they
a a class subjected to- what requirements
made of them by the railroad company,
cept that on one occasion last February por
ter employed upon Train told him that he had
The evidence in has been carefully anaIyzed
shows that the number of men employed upon
Trains and 5 trainmen, by whatever name
they known is sufficient and proper for said
trains: that 20 order additional brakeman upon
each of said trains is unnecessary for any pur-
pose, unless Il be TO insure greater certainty of
proper tagging in cases of emergency The en-
ploynlent OF such additional brakeman would
doubtedly result in the discharge OF the trainman-
porter. so-called-
Chairman Stevens then refers to the evidence Of
J. c. Stuart general manager Of the Erie Railroad
Company. which he ''is in effect entirely un-
contradicted that the colored trainmen porters
competent discharge all OF the duties Of brake
men, including tagging; that they have been now
for some time examined with reference to their
competency. and that they careful. intelligent
and experienced men"