The Washington herald., 1909-06-02
An Interesting Arbitration.

The arbitration agreed upon between
the Georgia Railroad and the Brotherhood
cf Firemen presents one OF two points Of
novelty. not the least OF which is that.
unless new precedents are created, the
outcome Of The arbitration would seem
20 be. theoretically al any rate, a fore
gone conclusion. That is 20 say. the
points involved in the controversy have
either been determined n former arbitra-
ticns which would likely be held as b,nd-
ing IN this one. OF they involve a princi-
pie which can be applied IN but one way.
according 10 commonly accepted notions
OF justice and the ordinary interpreta-
ton Of constitutional rights. and that Is
adversely 10 the contention Of the fire.
men.
The Erdman act. under which arbi-
tration has been invoked. contemplates
me settlement Of controversies affecting
wages, hours OF labor. OF conditions Of
employment No controversy exists in the
present instance over wages or hours OF
labor. and conditions Of employment viii
be the sole subject for arbitration Now.
the Brotherhood fTemen on the Georgia
Railroad desire 70 be employed under
either one or both OF two conditions
that only Brotherhood men be given pro
motions and advancement 20 better runs
and higher wages, and that the employ
ment Of negro flremen be restricted OF
altogether abandoned. As 70 the first OF
these conditions. It may be said that il
appears 70 run counter 70 the adjudlca-
ton OF the anthracite coal strike COM
mission, in a judgment which was ao-
oepted by President Roosevelt as gov
erning employment in the Federal civil
service, and which. it may &c assumed,
would hardly be departed from in gov
eminent regulation Of employment on rail-
roads That judgment reads:
'It Is a6iadzsd ard awarded that 10 person shall
Re refused employment OF IN any way Disseminated
against CT account Of membership OF nounenbe-saip
= any lsbo- o-sanizatioa and that there shall be
- discrimination against OF Interference With any
smp-0ye who IS lot melbeT of any labor oIEaniIa-
slon b members of such al o-szuizstion.''
The second condition is the real issue
in the proposed arbitrament. Whereas
the first condition involved discrimina-
ton against negro fremen, the second
Involves their total exclusion from en-
Iioyment as hremen on the Georgia Rail-
road on racial grounds. The Brother
hoods original demand was for the dis
E.issaI Of all negro hremen on the double
ground Of race and nonmembership in
the union. The Brotherhood officials were
subsequently induced, through the medi-
alton Of Commissioners Nein and Knapp,
10 alter their demand so as TO agree 10
the employment OF negro fremen not to
exceed . per cent OF the number Of white
fremen employed. none Of the negro FIRE
men in this quota to be replaced. when
II fell below . per cent, by others Of the
same race This means the ultimate ex-
clusion % negro fremen from employ
lent and the gradual substitution for
, them OF white men. presumably belonging
10 the Brotherhood From whatever point
Of view these demands may be regarded.
they contemplate a racial discrimination in
employment repugnant 10 the natural
sense OF justice and to the guaranteed
rights Of the citizen.
= private employer may engage in his
service whomsOever he chooses. but how
can the Federal government reach q
judgment excluding any citizen, whatever
bis race or however humble his station.
from any employment for which he is
quallded? For It must be remembered that
an award under the Erdman act is an off,
ciai pronouncement, which may be en-
forced IN the courts. and which both par
ties To the arbitration are bound 70 obey.
WIZ any United States court uphold an
award which denies the right OF a citizen
70 a specific employment on racial
grounds? Yet the only vital point in the
expected arbitration Is this very question.