The San Francisco call., 1907-03-01

reasonably necessary in position which VIII
not support them. IL is not only a wise, but,
pursued by tie company TO SO frame Its time
tables as 10 give the largest possible number OF
lts new men an opportunity 70 earn living wages
while waiting promotion from the class OF extra
men 10 that of regular full-tme men, OF course,
there is an argument on the other sice which
i do not seek TO minimize in favor OF limiting
the period Of labor te eight hours, whereas the
nature OF the business will admit OF better ar
engagements. But even II we felt competent
10 deal wisely with a question involving so many
difficulties tile arrangements Of time tables
for the roads operated by this company, there
would be no practicable object that we could
accomplish BY decision upon this point In the
present case.
For nearly six Of the eight months between the
date to which this award relates september 6.
1900 and the expiration of the existing con-
tract between the parties CMay !, 1902 lave al
ready elapsed The men have all tie time Deeh
actually working uuder time tables framed upon
the ten-hour standard. Ne cannot give them
back those extra hours of labor II we would. we
can only give them fair compensation for what
they have done by determining by what rate per
hour they must be paid. Having fixed just rate
ranging tie time table may be safely left TO the
company and tie men. II viii make but little
difference TO the company II the runs are short
ened and moro men required TO MI the crew, II
il has only the same number Of hours TO pay Tor
al TIE same rate, and IL is not TO be doubted
that where no clAsh OF interests Is possible the
company viii meet the wishes OF the men rs
completely as its paramount duty 10 the public
viii permit, for II is but Justice TO the company
disposition their part 70 ignore the reasonable
requests Of any OF their employees And even
with reference to the future-with reference,
that is TO say, TO the period commencing on the
lst OF May next when tie present contract be
pired-We should not feel at all assured that the
members OF tie union would desire time tables
arranged upon the eigilthour basis. unless that
concession coupled with a concession Of
their further demands Of a hat wage rate OF SO
per day. For the evidence shows that the men,
having the right TO select their runs in the or
der OF seniority, almost invariably select the
longest runs. Their motive, Of course, is 10 in
crease their earnings and this motive viii
tinue 10 operate in the future There can be
such thing eigbt-hour day in its strict
sense for tie ola tform men None of them could
have runs lasting just eight hours. Some would
exceed that time, some would fall short. a Few
would be very considerably more, and larger
number still very considerably less; In such an
employment nat wage rate Is lmpraetcaoie-
The men must work by the hour and must be
paid by the hour or else an injustice viii be
done. II we felt warranted In saying the COM
pany would pay the rate demanded for eight
hours. T. e., 375 cents hour, 1t is highly prob
able that the long runs-the runs exceeding
eight hours-would continue TO be chosen, but we
do not feel warranted in making 40 per cent
addition for the time covered by the contract to
the rates therein stipulated. Although in this
particular the company has waived the contracts
and has offered to do what is fair, the fact that
there was contract remains an element 10 be
considered in determining what Is fair, and es-
pecially it remains incontroyertible evidence Of
wages for the period of two years elapsing on
the lst Of May 1907.
MORAL OBLIGATION AT LEAST
The contract voluntarily entered into has
moral If not a legal obligation. OF course, II
IL had been true, as alleged that the company
men, they. would have been justified in morals,
in law, in quitting the employment, either
individually or as body But We do not md
tons. which have given rise TO this contro-
yersy. Such new conditions were imposed
By an act Of God alike upon the company. its
employees and the patrons Of the road. The de-
struction wrought by the fire and the earth
quake imposed a peculiarly heavy loss then
upon the company at the same time that it
deprived the men Of their means Of livelihood.
1t was TO the interest Of both that the car
service should be restored speedily possi-
bic, and it was more especially in the interest
Of the public that many lines should be
The first duty of the company to the
public, and there is nothing in the evidence
70 shake the convictions generally entertained
at the time that this duty was discharged with
commendable energy and promptitude.
1t is complained that the company was pur-
suing a selfish policy, looking primarily to its
lines into trolley lines and thereby putting out
Of commission large number Of cable cars
change was, in part at least, the permanent
advantage of the electric system over the cable
operation, but it is true at the same time that
the interest of the public and that of the com
pany coincided in this manner. The great adj
vantages oyer the cable system for operating
street are conclusvely proved by the fact
that whenever the grades practicable the
cables have been abandoned in favor OF electric
motors. and the report OF Mr.. William Bartlay
Parsas TO the Merchants Association of San
Francisco dated November 90 1905-one OF the
exhibits put In evidence for the union-shows
system for San Francisco. The company, there
fore. in converting its cable lines into trolley
lines, was carrying out policy equally ad-
rantageous TO the city and 20 itself But 1t
was also pursuing a policy OF immediate ad
vantage TO the public. in view of the emer-
gency which above all things required that
some service, however inadequate. shonld be
resumed as speedily possible the cable
lines. Its power houses. from which its cables
were operated. had all been destroyed by the
fire which followed the earthquake and the
ruins Of the machinery installed for that pur-
pose only served to render the installation OF
greater delay. Under the circumstances, IL
was the universal belief at the time that the
emergency demanded the conversion OF those
lines into trolley lines for the interest of the
public. and the time taken TO put the California
line In partial operation has demonstrated the
soundneEs Of that opinion
ABsOLVES UNITED ROADS
we think that there has been an entire fail
ure to show that the company, in pursuing the
course IL did. acted in disregard Of the pub
lie interest and 1t is unfair TO charge upon the
company the inadequacy and hardships OF the
service since the disaster. which has been fruit
ful of hardships not alone 10 the members Of
the carnens union. but 10 the mass OF the COM
munity. II is true that those hardships have
been mitigafed and no doubt frequently over
balanced in the case Of laborers and workmen