The Birmingham age-herald., 1909-06-23
AGAINST
 NEGRO F|REMEN
Witnesses In Arbitration Case
 Give Testimony
RULE BOOKS ARE SHOWN
Objection Is Raised to Hearsay Evil dence by Railroad Attorney When Official of Bremen Exhlblts
 Rules of Many Roads.

nuleS or MdIJ noduSs
 Atlanta, June 22.-Wftnesses for the firemen before the Georgia railroad arbi- tration commission this afternoon testl- fled that the Georgia Railroad company did not require it's firemen to carry either watches or time cards, did not com pei them to read orders and did not com pei them to pass examinations until they were promoted to engineers.
 Vice President Ball said some engin- eers wanted negro firemen because the negro would be his servant and because the employment of the blacks created a scarcity of competent engineers.
 Vice President Kelley declared in favor of strict examinations and the elimination of incompetent men. He said that when 1t was published that the strikers were holding the mails he went to the rail- way officials and offered white firemen free to take the mail trains out, but his offer was refused and attempts were made to operate the trains with negroes
 Bremen T. A.. Campbell told how white firemen were suspended for trivial vio- lations of rules while the blacks broke rules at will and were never punished
 E. F. Hartley, an engineer on the Cen tral of Georgia, testified that negroes were incompetent and a menace to the lives of passengers when in the cab. He created a laugh when in answer to a question about the likelihood of negro fireman going to sleep and passing a sig nal, he replied:
 Lord, man, a negro is worse than a 'possum when it comes to going to sleep"
 Fireman J. c. H. Wink swore that the Georgia railroad now employed about 95 percent negroes on passenger runs.
 Witnesses on Hond.
 When the Georgia arbitrators met this morning to begin taking testimony, there were about 50 witnesses for the employees in the Piedmont assembly room. Vice Pres idents Ball and Kelly of the Brotherhood of Locomotive Bremen and Enginemen were in charge of the strikers case al- though Attorney Ruben Arnold handled the witnesses. It was evident from the opening that the strikers proposed to de- mand as wide latitude as possible in the V Kelly told the arbitrators that Commis- sioner Gray in the anthracite arbitration laid down the rule that everything tend ing to throw light upon the dispute, whether hearsay or not should be admit ted. He declared that In other disputes in which he had been factor, the ar bitrators had followed the same idea.
 This is homely story of ours," he said simply, "told in our homely way. We do not know much of law or of the law of evidence, but we do know our wrongs and sufferings. If we are to be fairly treated and if you gentlemen are to get at the facts in the case, you, you must let us tell our tale in our way" E. A. Ball, one of the brotherhoods vice presidents, was the first witness called. He began recital of the firemen's side of the case. Hardly had he commenced before Major Cummings, for the railroad, objected on the ground that the witness was arguing and repeating hearsay testi- mony as to the requirements of firemen on other roads. Quickly Ball reached into 6 big suitcase and began to pull out arm ful after armful of books.
 Rule Books Exhibited. '"rhese are not hearsay, he remarked. These are the rule books of every big railroad in North America. They show that the big roads do require intelligent, capable men as fremen."
 Ball was permitted to conclude his statement, when Cummings asked that it be stricken from the record. The board decided to let 1t stand for what it was worth. As this argument was ended, Ball said:
 "Gentlemen there were three reasons why we called off the strike. The first was that Commissioner Neil assured us | that the arbitrators would throw down the | bars and permit us to introduce any tes- | timony or any statements we desired. | The second was that he agreed in case | the two arbitrators were unable to se- | lect third, he would submit to us six | names from which the third man would | be chosen and we could object to any | man on that list.
 ''The third reason was that we knew
 that federal interference would be a great loss to the railroad and to the | people. If we thought that there would
 be any attempt to limit the scope of
 the inquiry, we would never have called
 the strike off
 | As Ball concluded he offered a peti- ! ton of 300 names from Lithonia, asking
 the arbitrators not to put the negro in
 the cab. The board declined to receive l the petition
 The gist of Balls testimony, under
 Attorney Arnold's questions was that the l Georgia railroad hired negroes because 1 they were cheaper and did not make them | pass examinations and threatened to put | them in still more responsible positions | He was still on the stand when an ad-
 1ournment was taken for luncheon.