The Birmingham age-herald., 1909-06-24
Public Opinion S Set Aside
 in Arbitration Case
ARGUMENT Iy VERY BITTER
representatives of Railroad and Fire men Engage in Bitter Debate Upon Points at Issue Before
 the Arbitrators.

Atlanta, June Exchanging that the fire men were trying to intimdate the arbi- trators, Major Cummings, representing the Georgia railroad before the arbitration committee, objected strenuously this aft ernoon to the introduction of any testi- money as to the condition of public opinion upon the merits of the strike. The firemen had introduced Mayor Brand of Lithonia. It was at Lithonia that much disorder tok place and where several ne- gro fremen were severely whipped It was proposed to have the mayor tell not only of past assaults on negro fremen, but to give 1t as his opinion that If the negro firemen were restored to the cab by the decision of the arbitration board, the people would resort to violence again.
 This Is gross contempt of the commis- sion,' said Cummings, trembling with anger. If such testimony be admitted we had well close down our courts and let mob violence rule. The contention here now Is simply that the firemen in effect say we may be wrong in our con- tentions, but even if we are, and you gentlemen decide against us, the people of Georgia will rise up in mobs and over rule you l think this Is libel on the good people of this state. I most seriously object to the admission of such testi- mony"
 Attorney Reuben Arnold argued spirit edly that the board was not a court; that 1t should permit a wide latitude and, in It's award. disregard such testimony as | ,<.la aIn however, that the commission had right. nay duty. to hear such evidence and to consider it, as 1t affected the safety of all other employees and even passengers.
 Before Major Cummings interrupted. Brand had declared that the people along the line of the Georgia railway were only permitting the negro firemen to work now because they were assured that the arbi- trators would decide in favor of the white employees. He was confident that If the commission decided in favor of the ne- groes the people would never permit the blacks to run.
 The arbitrators, upon the conclusion of Arnold's argument, went into executive session at the end of which they an nounced that they would exclude all tes-
 
 relevant T may say said MT. Herbert, that the decision is by unanimous con sent"
 This was a severe blow to the firemen. But they went on gameiy, offering cum muative testimony as to the unfitness of the negro as a fireman. About 15 mayors and peace officers of towns along the Georgia railroad who had been summoned were notified that they might go home. The decision probably will shorten ths hearing.
 Witness after witness swore that the ne- groes were too Incompetent and stupid to be safe firemen, and that the Georgia railroad did not hold them to accounta- bility for the violation of the ordinary r,,les of safety. The witnesses gave names and dates to substantiate state ments. It also developed that when an engine came in from run with negro firemen on the box and was sent out with white man firing, the white man had to put his clothes in the box used by the negro, and had to drink from the same cup which the negro had used.
 Malford Cummings for the railroads, asked Vice President Ball. of the Brother hood of Firemen and Enginemen. be re- called He asked Ball if at the last con vention of the order at Columbus, O., the brotherhood had not agreed that It was time to eliminate the negro from the cap in all the south. Ball said he did n" recall.
 Several witnesses said that negro fire men cannot be depended upon to flag, as they will not go back the S7OO feet re- ouired by the rules. They also testified afresh to the negro's tendency to go to s,een every time he sits down, unless he Is watched,