The San Francisco call., 1907-03-01

dictate Of common sense that the obIiratfo,
/ Of contract should be taken according - ~
consent Of the contracting parties reasOnabb
understood so that such consent should not bt
\ extended TO unforeseen circumstances whfsI
greatly change the object OF the contract - Tht
object OF contract is that about which thu
! contract IS concerned and the object OF IN
Carmen's Union was WORK at street rail1rs,
/ transportation. The events OF April Is wers
I cumstances fell directly on the object Of fT,
f contract, namely, labor at street railway trans
port. portatiSn, and certainly subjected it to ven
EMPLOYMENT CHANGED
The condition Of the streets is a circumstsne,
/ which intimately touches the labor OF sire.
/ railway transportation and the condition OF tii
streets needs no description from me- rbe 5fs
/ turbanee Of the population by destruction OF oIi
Z dence districts directly afTeets fba Isbo- -
street railway TRANSPORTATION. In All brn,s,
I history there has not been a disturbance n
I urban population on such scale as that cause,
/ Oy the earthquake and FIRE Of 1906. The trans
I migration OF the business districts directly AZ
reefs the labor OF street railway transportation
and the transmigratiOn OF the business iis
tiIlct mas Deen as complete as the transmigra
Z ton or Babylon There have been confagratihnfs
which have destroyed much OF the business ais
t trlets OF large cities, but not even In Ghicagg
mas there been a condagratiOn that made :.
/ clean a sweep this
These not circumstances Affecting nerely
/ me manner IN which the work IS performed
they affect the work itself. Since the fire ther,
mas peen more work FOR carpenters, bricklayeu
\ and the building trades in general but the pa
ture Of the work the amuont performed b
I the working individual has not changed 81
dOnbt they are fnron vaniep-ed nv eysnee,I .,,It
ri0ns. but their work itself IS the same Tre
/ individual brickayer Laws the same number ~
I bricks his tools have not deteriOrat ted and tia
medium IN which be works has not Changed
! The individual carpenter sfiu drives tie So.
number OF nails, his hammer is as good as evsi
/ II was and the steel in his chiseI or his plani
] as me The storekeepeTs and the shop ASSIST
ants nave had 70 change their locations bu'
I once the locations were changed their occupa
tions suffered no alterations.
On the contrary, it IS the very work OF thu
/ carmen that has changed and lest the cOndi
/ tlons OF the streets. the disturbance Of the pop
uiation and the transmigratiOn Of the business
/ district should not BE- sufficient To create new
aud Unforeseen perturbatiOns in the object D
I the contract namely. the work Of street trans
y p1slattoh. Lhe compNny chose at this time e
add the only other disturbing element DoSsibl,
and turned It's cable lines into electric lines
this reducing the rolling stock practically Oni
half Hence, I belisFe that I am Justified 10
saying thar in the coisiitions OF the streets tn,
disturbance OF the residence and business dis
tricts and the limitation OF the rolling stool
such unforeseen and sal stantial changes wer,
/ introduced into the object Of the contract
namely, the labor Of the carmen. that the con
+ reasonably be extended to the conditions sffs,
April IS. 1906, and therefore that the contraci
no longer entails any moral obligation in tbs
tribunal OF conscience.
RIGHTS NOT YIELDED
That the carmen by returning TO work afte
tract remained In full force j am not convinced
The men returned to work the same as every
thinking OF contracts and stipulations; they wer,
thinking only OF doing mans part IN the al
deviation OF the terrible conditions that
rounded them and in helping. as far as In then
lay. the rehabilitation Of the city cannot agree
with the statement made Ia the decision pagt
II, line H. that until the formal complaint o.
August is was presented TO the company It's OF
nceTs were justlded in assC@.aS that the car
men. recognising the serious disaSvantages IN
der which the street business In commol
with all other kinds OF business. must be con
rehabilitation OF the lines and their equipment
were willing to go on under their agreement ant
accept the harder conditions OF their employ
ment as their share Of a common calamity" :"
such an Interpretation Of the carmen's actor
seems to me untenable. Perhaps In normal con
ditiOns. where the performance OF a contraci
had been momentarfly interrupted. the resump
tion Of its performance might be taken as tacli
renewal OF the agreement. But the condftioni
after April IS. 1906. were not normal conds
tions. and the conditions are not yet normal
said. the serious disadvantages under which othei
business is conducted do not touch the sub
stance OF the business. II Is no harder now u
lay brick. to hammer nails 10 sell gloves thai
II was before the nre. But the serious disad
mural transportation and more especially rhe
transportation Of street railway passengers
Of the carmen and the work Of the other trades
The carmen have borne and still bearing th
share OF the common calamity.
Indeed TO my mind the most depressing fea
that the ofncers Of the company Manifested to
ward their employees until the formal complains
OF August -. These ofncials were quick to Sc,
and seize all the undoubted advantages for tn
company that the FIRE and earthquake put Il
their power. They obtained privileges for whici
ike water to make those privileges secure. BTt
there was one strategic position that they de-
company knew their loyalty their sacrihce. theh
trials. and yet there was never word OF en-
eouragement never ray Of promise When a
last nature could stand no more and the mel
put In their bill Of grievances the only comfor
that the officials OF the company could xive III
oaf
CONTRACT NOT INVOLVED
1 am not convinced that the letter OF Aueux
is, the so-called Ltvernash letter. IN any wal
supports the theory that the carmen acknowi
Greats stress has been laid on the expression Il
the IAvernash letter that the recent advance q
right to higher wage rate before the expiration
OF the bargain period. That expression simpb
stances do not fall on the substance of the ob
Ject OF the contract, the contract stiu holds Tn,
hi CHER rents and the increased prices OF Drovt
sions do not alter in iota the labor OF stres
car transportation, and therefore in conscienc,
tract; but me whole burden OF the letter Is thai
the work itself Is changed that IL Is excessive
tolersble. that the work day Is unreasonsbla an
the toll extravagant, and II these things DO no
claim substantial change in the object bar
gained FOR. namely the work Of street car trans
portation. should Ike TO know what would.
Neither can I agree that Mr. Calhouns Ietts
work Immediately upon its receipt an,ennrsSS a. -
mutual waiver OF all claims Of breach Of m.
contract, and was In effect admission that h
was and should remain In fua force as To al ~
provisions except as 10 hours OF labor and rate-
or wages, ana mat as 70 those matters IL sboult
arbitration might hold that the more onaron
conditions Of the service ensuing the earthcneS.
gave the men a claim not OF legal obli1sfic-
but rest solely upon the considerations ~ rs-
ural justice. to larger Compensation ana +
shorter hours ~-e
As a matter OF fact, the counsel FOR n. -
pany expressly denies that his clients wafve6 :.
waive any rights that they have undar fbe = -
tract The counsel for the men is souaii~ -. -.
phadc In declaring that the contract has 49, 80
ing TO do with the present arbitration The 1e-
ter OF Mr. Calhoun says nothing about tie cr.~
trrct. The agreement to arbitrate sava oc.ts.
about the contract The board Of arhif-sttt
itself. when appealed to on precisely iris s,.
tion, declares that there was nothing befare Il
but hours and wages Why, now, should ~