The San Francisco call., 1907-02-28
IARB|TERS NOT
AGREED AS To
THE EVIDENCE
Majority Is Firm, However,
in Main Conclusions
Reached
TO REVISE OPINION
Beatty Takes Another Day
to Go Over Course of
Reasoning
QUESTION OF FACTS
Dissenting Member Asserts
Vital Testimony Was
Misunderstood
QUESTION OF FACTS

After Father Yorke had hled his dis
senting opinion at the meeting OF the
board of arbitration yesterday az to the
dlnerences between the carmen and the
United Railroads, Chief Justice Beatty
requested another days delay to give
him an opportunity TO revise the
opinion which he had prepared and
which he and Major Frank MeLaushlin
were ready TO sign.
At the same time Judge Beatty vol
unteered to resign from the board IL
either side should request n, and Majoe
MrLaughIin stated that n the Chief
Justice left the board he, too, would
resign
Father Yorke's opinion controve the
majority opinion IN many important
features and holds that the Chief Jus
tice is In error as to the facts on which
he bases his conclusions The dissent
ing arbiter seeks to show that Judge
Beatty misunderstood the evidence in
many important features
Both the majority and minority
opinions were ready for signing and
filing when the board met yesterday
morning, but they were so widely at
variance that Judge Beatty requested
the days delay to revise his conclu-
sions 1t is understood that no changes
will be made in the terms Of the award
as they were incorporated In the
opinion written by the Chief Justice,
but alterations may. be made in the
course OF reasoning by which the de-
cision was reached.
Neither side will permit Judge Beatty
to press the matter Of his resignation.
The company is satisfied with the
award and would be the loser If the
board were to be dissolved at this
time The men. on the other hand.
would lose the back pay that would be
due them after the award was fled.
OPINION OF MAJORITY
Judge Beatty's opinion. as it stood
yesterday morning when the board
convened. was a document of twenty
typewritten pages. For the first time
it is now possible to give a complets
abstract Of this opinion. together with
the process Of reasoning that is set
forth In the preliminary paragraphs
The first nine pages are taken up
with discussion Of the cases OF cleo
trical workers. stationary hremen and
construction workers. These men are
all given practically the increases that
were asked. and. except In two In
stances. the eight-hour day is awarded
The station workers are allowed eiEhG
and a half hours and the nnemen en-
ployed on repair work nine hours.
Passing to the case OF the carmen.
Judge Beatty takes up first the con-
tract which existed between the men
and the company, and discusses 1t at
considerable length He says that at
the commencement of the proceedings
and by reason OF certain demands made
in the carmen's complaint the board
found 1t necessary 10 limit it's scope
and power to the question OF hours
were considered.
The Chief Justice holds that this con-
tract was binding upon the men. not
only morally but legally. He lays great
stress upon this point He then refers
to the correspondence between the men
and the oficials OF the company prior
to the strike and holds that the men
at that time made no demand for in
creased pay or fewer hours. on the
ground that the cost of living had In
creased. but only on the ground that
the company had violated it's contract
by imposing more onerous duties upon
them. He asserts that the counsel for
company had violated it's contract and
then goes on to say that In his view
OF the matter it Is. unnecessary for the
board to determine which of the par