The San Francisco call., 1907-03-01

4
he would not have wasted time sitting On the
board, etc" This statement marks the wide and
iadlcsl difference between bis position and mine.
l have always considered that any agreement.
voluntarily entered into. between parties sui ju-
rs, dld impose moral obligation upon both.
even though such obligation incapable OF ie-
gal enforcement Therefore have from the be-
ginning CONSIDERED the question as 20 the alleged
breach of the twOyear contract by the company
as highly material in this case for the reason
gwen IN my opinion thar the terms Of the
tract. If not violated were an element to bs
considered in determining what modification
ought to be made.
But if I had been OF different opinion re-
garding this matter I could stin not have
sidered the arbitration useless for the consent of
OF any question Of violation by either party.
TO be exercised in the public interest. as well as
in the interest of the parties.
Father IOrke cannot agree with Mr.. Calhoun's
letter Of September 3. and that the return Of the
men to work immediately upon its receipt
amounted to mutual waiver Of all claims Of
breaches OF the contract, and that for that rea-
son, among others. Mr. Calhoun says nothing
about the contract and the agreement OF arbi-
tration says nothing about the contract. 1t viii
be noticed that, in my opinion, not anticipating
any controversy as 70 tAe construction or
ter. L have quoted only the arst and
last letter Of the correspondence between the rep
resentatyes Of the union. the ofnceTs OF the CON-
pany and the Mayor OF the city. The agreement
to arbitrate the final outcome Of the whole
series of letters and oral negotiations. constitute
rule Of construction that the anal agreement is 70
be construed with reference TO the previous cor
respondence. Father yorke has failed TO con-
slider tie intermediate letters OF the series in
which Mr.. Calhoun continually refers TO the con
tract and insists on its moral obligation
REGARDING EXTRA MEN
l discover nothing in my opinion inconsistent
representatives Of the carmen made it plain
thst they we're not asking for absolute
eight-hour day or an absolute wage OF three
dollars. I have understood always that they
were asking for minimum wage OF three doi-
more or less Tirbin a eusSomsrv ..Ieevgay.'' AMI
that for runs exceeding or falling short Of
eight hours by more than the customary Ice
way they were 20 receive proportlonately more
or less. None Of my conclusions rests upon any
different construction Of The demands Of the
men, and none tnat can see Is inconsistent
with thar understanding
1t is sought invalidate what Is said re-
GardinS the hardship 70 the extra men en-
ployed by the railroad involved in any TN
necessary prQlOngatfon of the time that they
must work Tor less tnan living wages by me
argument that the company could pay extra
men living wages. as electrical apprentices are
paid notwitIstnIiihS thaI mere may De no
work for extra TO Go beyond a short
run which falls to his lot cannot agree that
the company IS under any obligations 10 pay
for time which canu0t be given to its service
and there IS no analogy between the ease of
the extra men and that OF the electrical aD-
prentice. who IS employed at hard labor dur
ing. full working day and who Is given by
our award only a la60rers wage while
guiring the experience anC skin that entities
him 10 promotion I'm an employment demanding
skill and experience in order to secure the
safety Of himself. his fellow-workmen aud the
am reproached for assuming unwerransed
familiarity with the motives that have con-
trolled the platform men in choosing a long
My statement was that their motive was to In
that the same motive viii continue to operate.
even if a minimum wage Of IS should be hxed
fair, however. to say in expressing this opinion
that am telling tie mcn that they are merey
avariciOus." I intend nothing OF the kind
merely judged them BY the standard Of the
best men and tie most useful citizens in every s
calling and profession that ! have ever known.
men who have voluntarily worked labor0usiy
and through long hours. in order to place them
curity and Independence by increasing the.r
earnings beyond the cost OF living and much
beyond it they could By attention aud aI-
plication 10 business or labor.
PERCENTAGES DISTORTED
As to the complaint that the graduating scale
adopted in the award. gives the three-year men
a smaller fat raise than the One-year men. it
seems 10 me that the ras,resentstfves Of the
carmen have little reason to complain OF the
discrimination Their demand was for a lat
wage Of SO for all the men. which for eight
dollar day to hrst-Fear me1 and only eighty
cents to three-year men. difference Of twenty
cents for eight hours labor in favor or the new
men, Our award makes difference Of only
FIVE cents FOR eight hours labor.
A very serious complaint as TO the fairness
OF our award is based upon a statement Of Tes-
centaSes of Increase of nay awarded to the
members Of the different unions The disparity
In this respect Is not nearly 50 great as IS made
TO appear by statement OF percentages based
upon the assumption that have made a re-
duction in hours TO employed and paid By
the day or month from ten to eight hours.
No such reduction intended By the board
and such IS understood We understood
that all employees OF the company. working BY
the day or month. had a nine-h0ur day. and
that their time was shortened only one hour
instead of two. Upon this basis the percentages
OF increase were greatly less than those
stated by Father YOrke. For instance. he
states the increase to armature winders as 43
per cent. On my basis II is 2S per cent. And
the disparity between my estimate and
Father Yorke's exists in all other cases.
The time ar my disposal does not admit OF
full review OF Father Yorke's opinion I have
noticed only few Of those points which I deem
the most important. and only desire to add that
in one respect I must admit mistake in saying
that all the cable power houses OF the company
DESTROYED by the fire I bad forgotten the
Hayes and McAllister power houses But admit
ting this mistake. still see TO charge
my view that the company's course In converting
the cable lines into electric lines IN tb1
interests Of the public and that the chanxes
carried ont with cornmendable energy and
promptitude. That certainly the general
opinion at the time. shared not only BY the
public officials who authorized the change. but
by the public generally. That they did not do
everything wisely il might have been
done IN view OF subsequent events. may be ad-
mitted without impeachment OF this statement
1t rarely happens that persons acting in a sud-
den and great emergency do the very best that
subsequent experience proves they might have
DONE