Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-06-22
Chancellor David G. Barrow, the
Umpire, Was Elected Presiding
Officer and All Arbitrator
Were Sworn In.
BURDEN OF PROOF RESTS
UPON THE FIREMEN IN
HEARING BEFORE BOARD
This Announcement Was Made
and Met No objection-At Ses-
sion Monday Afternoon Attor-
ney Arnold Will State Fire
mems Contention.

mCA , OOAGCAI4OAs
Arbitration of the differences of the
Georgia road and its firemen was begun
Monday morning in the assembly room or
the Piedmont hotel. Congressman Thom-
as w. Hardwick. Hilary A. Herbert, and
Chancellor David c. Barrow, who make
up the arbitration board, arrived here
Monday morning. Chancellor Barrow has
been elected presiding officer.
Owing to the fact that authority had
not been secured from the secretary OF the
! treasury use of the courtroom of the
/ United States district court could not De
| secured. Admittance was denied oy Gus
| todian Rucker after representatives OF the
| firemen and the road had reached tie
postoffice The custodian said that Il Il
/ was desired he would telegraph to the
\ secretary of the treasury at Washingtop
and get the proper authorization. Unless
the crowds at the hearings become too
large the assembly room at the Piedmont
will continue to be used
| The meeting Monday morning was pure
| ~ preliminary. At 11:30 it was adjourned
until Monday afternoon. The case Of the
firemen will then be stated by attorney
Reuben R. Arnold. who is acting for them
as counsel. Tuesday morning. the intro<
duction or testimony will begin.
The prelimiharies agreed 10, the most
| important was that the burden Of proof
shall rest with the firemen. They shah
| introduce the first witnesses and the tes~
timony brought forward by the road
shall be in the nature OF a reply Condt-
tions will decide whether or not there
! shall be the privilege of rebuttai grant
ed to the firemen.
Mr.. Herbert, speaking for the board. J
said that the arbitrator had agreed
among themselves that only relevant tes-
timony should be admitted, Counsel Ar
| mold pointed out that in such a hearing
as win be had before the board legal
technicality must be put aside In the ruiz
ings on the adnlssab iity of testimony.
Congressman Hardwick said that It u
his understanding that no testimony SHAH
be ruled out because of legal technicai-
ity.
This shows the important fact that the
arbitration board will hear wider range
of testimony than would be in common
court of law. Both road and firemen.
however, were requested to expedite the
hearing as much as possible.
1t is possible that the board will have
concluded within a week. Neither tho
road nor the firemen will consume the
five days each Is allowed for the intro
duction of testimony.
BOIn were duInOTl1Gu Dy llt DOdI0 AACtt~#
day to subpoena witnesses. The fire.
men may call as many as fifty. Among
the witnesses for the road win be the
officials OF other roads, several of whom
are here now.
Those present at the hearing Monday
morning are T. X. Scott. general mana
ger of the Georgia road; Major j. T.
Cumming and Sanders Mcdaniel, coun-
sci for the road; Reuben r. Arnold and
n the firer1prI.
and E. A. Ball and A. p. Kelly, vice pres
idents of the firemen.
Two sessions a day will probably be
held by the hoard. All sessions are to be
public.
ARB1TRAToRs SWORN IN.
The hearing by the arbitration commit-
tee of three which is to decide the differs
ences of the Georgia road and its fire
men was begun by the arbitrators being
sworn. Congressman Hardwick, repre-
sentative of the firemen, explained that
while this formality is not customary Il
had been decided on as being appropriate
in this instance.
The three arbitrstors are Congressman
Thomas w Hardwick. Hilary A Her
bert and Chancellor David G. Barrow.
CONGRESSMAN Hardwick represents the
firenen. Mr.. Herbert the road, and Chan
cellor Barrow is umpire. The hearing
was begun in the assembly hall at The
Piedmont hotel. 1t had been intended
that il should be held at the custom house
I'm the courtroom of the United States
court. Use of this courtroom was denied,
however, by Custodian Rucker, owing the
fact that authority for its use had not
been secured from the secretary of the
treasury. It was after the courtroom had
been reached that admittance was denied.
The doors were kept closed to the three
arbitrator. and the counsel and repre-
sentatives of both firemen and road II
was then decided to change the place OF
the hearing to the assembly room at the
Piedmont.
BARROW IS CHAIRMAN.
In a preliminary meeting held in the
room of Congressman Hardwfck between
the three aribtrators. Chancellor Barrow
was selected as chairman to preside over
the arbitration proceedings.
Mr.. Herbert stated the case that is to
be arbitrated, and made the important
announcement that the burden Of proof
will rest with the firemen. He said.
however, that the board was willing TO
hear from counsel for the firemen-
AS he outlined the method of procedure.
the firemen will first be heard from, the
road will reply through testimony, and the
of whether or not there
will be rebuttal will later be determined-
Mr.. Herbert suggested that before each
witness was introduced. 1t De stated By
counsel what was to be proved by such
witness testimony
MR.. ARNOLD'S GESTION.
Attorney Reuben Arnold, counsel for the
fremen, made very important sugges-
ton. He said that in going TO arbitra-
ton, road and hrenen had LEFT strict legal
paths and that for that reason there
should be no strict and technical ruling
in regard to the Introduction Of testi-
mony.
Mr.. Herbert said that it had been agreed
upon by the arbitrators that only rele~
want testimony should be allowed Con-
gresham Hardwick followed UP this
statement by saying that no testimony
shall be ruled out on merely technical
points.
Major Cumming counsel for the road.