The labor journal. [volume] (Everett, Wash.) 1909-1976, 1909-12-10


been engaged as counsel by the switch
men, gave to the press the followin!
statement:
"The railroad managers committee
fully realizing the force of public opin
ion and fearing it, are making con
certed effort through newspaper items
and editorials to charge the switchmel
with unfairness because they have de
clined to submit to arbitration under
the Erdman act. The switchmen coulC
easily retort by saying truthfully that
the managers are in no position to make
this complaint for the reason that The
managers from the very commencement
of the controversy have refused tc
make any advance or consider any sug
gestions relative to an increase in
wages With regard, however, to arbi
tration under the Erdman law, anybody
who reads that statute will readily un.
derstand why the switchmen have con.
sistently refused to proceed under it. II
is a very catchy and taking proposition
to claim that where two parties have a
controversy they should be willing to
submit to arbitration. The arbitration
provided for under the Erdman law
however, is hedged about with legal
provisions which would strip the switch
men of all power to legitimately press
their claims, and it would put them
completely in the power of the railroad
companies. Admitting that the decis-
ion were favorable to the switchmen
the railroad companies, under section 4
of the Erdman law, could within ten
days after the filing of the award in
the clerks office of the circuit court of
this district file exceptions and take
an appeal to the circuit court and if
the decision still went against them
they could take an appeal to the cir
cult court of appeals. This would delay
the final decision for period of from
one to two years. 1t would be unlaw-
full for the switchmen or any member
of the switchmen's union to strike, or
in any way aid a strike. Under the
first proviso of Section of the act, it
is provided: That pending the arbitra-
ton the status existing Immediately
plrior to the dispute shall not be
changed This means that during the
period just mentioned the switchmen
would he compelled to work at the old
schedule of wages and under all the con
ditions of which they complain. In
other words. if the swftchmen were to
put their heads into this moose they
would be compelled to accept the pres
ent schedule and present conditions for
period of from one to two years, and
woulI surrender the fright to strike
during that time. President Taft, when
Judge, said in one of his famous de.
cisions that the right to strike is one
of the most precious rights of man
hood and of citizenship. In view of the
operation of the arbitration clause OF
the Erdman act, the switchmen would
be untrue to themselves and to those
whom they represent if they accepted
it. The moment the public understands
that the switchmen have not refused
arbitration but have refused arbitra
ton under the Erdman act and have re
fused to commit suicide, the attempt
of the managers committee to enlist
public opinion against the switchmer
will fail.
MAYOR d. W. LANLOR,
"Attorney for Switchmen."
If the present strike shall be of long
duration the general public will heal
much of this Elrdman act. The news
papers already have intimated thai
this status will be invoked should thu
threatened strike of the trainmen ma
teralize The public should bear il
mind the provisions of this act as ex
planned above and how one sided a Law
it becomes when fully understood.
No pains are being spared by tn
officials on both sides to present |
favorable ease before the jury-th
American public. 1t is fully realized
how important thing is public senti
ment and that it bears very import
ant part in the final settlement of tn
trouble The defense of the railroad
is piteous. They say they cannot affor'
to pay the increase demanded and tina
the employees are unreasonable and ar
bitary. This in spite of the fact tina
railroad earnings in the past few year
have been phenomenal. No one know
better than the railroad managers tina
enough money has been spent in the com
paratiNelv short time that the strik
has lasted in efforts to break the strik
to pay this increased demand for man!