The Birmingham age-herald., 1909-06-22
PUBLIC OPINION
 MADE AN ISSUE
Counsel for Bremen Presents
 Case to ArbitraterS
THE PEOPLE ARE AROUSED
Attorney Declares That Sentiment in Georgia Is Bitter Against Me- groes Serving on Trains Un-
 der Engineers.

Atlanta, June 2-In his statement of the striking firemen's controversy with the Georgia railroad before the arbitration commission, Attorney Reuben Arnold de- clared.
 We are going to insist upon the arbi- trators taking into consideration the state of public opinion in this strike. I do not mean by that that the arbitrators are to l be influenced in their decision by this state of public opinion. But do say that this commission will have to take in con- sideration the state of the public mind in so far as it affects the safety of pas sengers or the safety of other employees 1 of this railroad.
 We propose to prove that the people of this state are so bitterly infamed l against the negro firemen that were you gentlemen to restore them to their posi- tfon, or were the railroad, under your de- cision to put them on the engines again. that there would be violence and bloo& shed and that the lives of neither em- ploye or passenger would be safe. We will bring here the mayors of cities and others who have investigated and who know. They will tell you that the people of the state will not stand for the negroes In the cab and that if you try to force them there there will be trouble.
 Are any negroes running now2" in quired Arbitrator Hardwick
 Yes" said Arnold, but only pending a decision by this commission, and to get even this concession Vice President Kel- ley had to go down the line and explain to the people that the restoration of the negro was only temporary"
 Six Contentious.
 The arbitrators were evidently impressed by this statement of Arnold. The at torney made it at the end of his sum- ming up of the contentious of the fremen. These contentious number six.
 l. The absolute discharge of all negro fremen.
 ?. Bremen must have three years ex- perience before being promoted to en- gineers.
 8. All firemen when hired must be put in yards and on hostlers jobs.
 4. All hostlers must continue to receive present rate of pay.
 5. Passenger, through freight and other desirable runs must not be blocked by non-promotable men Cnegroes.)
 6. No fireman shall be required to flag crossings or throw switches at crossings, thus leaving engine with only one man at most dangerous points. Arnolds argument was that the races l will not mix; that the negro being made a fireman and never being made an engineer, gets the best run because he becomes the senior of white men who cannot pass him because he Is non -promotable; that to be a good en- gineer a fireman must know the runs and he cannot know them unless he gets a chance to fire on them. The commission adjourned after Ar mold concluded until 10 a. m. tomorrow when the fremen will begin their tes- timony About 100 subpoenas were Issued tonight for service in this and other towns on the railroad. The commission will meet after to- morrow at g a. m. and sit until 5:30 each day.
 Herbert Presides. When the arbitrators met Chancellor Barrow was formally made, umpire, but at his request Mr. Herbert presided. The latter opened the session by an nouncing that the arbitrators had sworn one another, had chosen a steno- | grapher and had secured the services of two deputy United States marshals as officers of the board. Reuben Arnold, counsel for the fire men, said he was ready but ecause the law required that the arbitrators sign all subpoenas, he suggested an ad- | journment until tomorrow. 'I think that request reasonable said Chairman Herbert, but before we do so there are a few issues to be set tied. Some one should be the plaintiff l upon whom will rest the burden of proof. 1 and who will open and close the case. l As the firemen are the ones who seek change from the existing order Of things, I suggest that they be consid- cred the plaintiffs" This was agreed to, also that counsel on both sides should make an opening l statement of what they expected to prove
 Some Rules Relaxed. | We have decided" said MT. Herbert. "that we will not enforce all the tech nical rules of evidence but we do not 1 want any frrelevent or hearsay evil | dence."
 And we do not want any evidence l of what public opinion on the case is, | said Counsel Cummings for the railroad
 'We will fight the introduction of such l testimony.
 l And We propose to offer it, retort- ed Arnold. We do not expect it to in- fiuence the arbitrators, but we do ex- pect it to show the greater or less dan ! ger which the employees must face under 1 the condtios imposed by the railroad, and thus 1t would be very pertinent"
 We will take up that issue when we | reach it," was MT. Herbert's comment ''Now we will adjourn until 8 p. m., when we will hear the opening statement of counsel for the employees" Counsel on both sides declared that they would not require the five days extra allowed them by law unless some thing unforeseen happens. They de- clined, however to say how long they would take to present their case l
 Verv Distant.