Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1912-11-29

service and safety of the travelling pub
lie.
Following is the decision handed down
by the arbitrators:
BULLETIN CORRECTLY INTERPRE-
TED.
From this testimony Of the trainmas-
ter, which was the last work spoken by
him on that point. it is quite clear that
the officer OF the road chiefly responsible
for the operation OF its trains. interpre-
ted the bulletin substantially as the
trainmen did. to the effect that, after
the expiration of the sixteen hours,
they could clear the main line, take side
track and dispose OF their trains in ac-
cordance with the rules, and go of duty
and rebort. The board would not be
bound 10 accept this Interpretation OF
the bulletin. however, II, in the opinion
OF the board. the language Of the bulle-
tin itself was not susceptible OF such
construction.
AS a violation OF the bulletin sub
jects those guilty Of IL to discipline, and
as in this instance, the railroad has ex-
ercised the severest discipline known TO
railroad government, and dismissed the
responsible trainmen from its service In
effect penalizing them, the board feels
that the burden was cast upon the rail-
road in this investigation to prove that
the alleged culprit not only violated the
bulletin. but that he did so with the
same understanding OF IL that the rail-
road officials ascribed to IL. This, In our
opinion. the railroad has failed 10 DO
In the opinion of the board, the en-
ployes not only gave to the bulletin its
correct meaning, but the Interpretation
which they believed the railroad intend
ed should be applied.
The word caught" cannot mean in
the connection in which IT IS here en-
ployed, anything else except "overtak-
en-" and the words main line" cannot
mean anything else except all that por-
ton of the track Of the railroad except
the sfdetracks: and the words "at any
point cannot mean anything else ex-
cept anywhere" and the word "ex-
piratfon" cannot mean anything else ex-
cept at the end Of With these mean
/ inEs given to those words this SEN
tence OF the bulletin may be para
phrased to read as follows: "If train
Is overtaken without Instructions any
where on any part of the companys
lines except the sidetracks, when the
sixteen-hour period ends, the crew viii
place the train In the sidetrack, go off
duty, and report action to dispatcher.
If q train should be caught on side
track. and not on the main line, by the
expiration OF the sixteen-hour period,
there would be no occasion for such
bulletin as this. It was manifestly
only intended for the condition which
would confront the crew in case 1t was
overfaken anywhere else except on
sidetrack by the expiration Of the six
teen-hour period, and cannot mean any
thing else than that IT was the duty
OF the crew TO place the train in side
track, go off duty. and report action
to the dispatcher after the expiration
OF the sixteen-hour period, II such six
/ teen-hour period overlook them at any
point on the main line.
BULLETIN NOT VIOLATED.
i We therefore, hold that the action
OF Conductor ]. T. Paschal on May 10,
/ 1919, I'm starting his train from Con-
yers latter stopping there for some
l time, for Lithonia, when his engineer
had only twelve minutes Of time left
before his period on duty would reach
sixteen hours. was not a violation Of
the bulletin Of November Il, 1911, and
accordingly, that he should be reinsta-
ted TO his former position, with senior
ity rights as of date OF his discharge,
with pay from that date,
/ In making this award the board de-
clares il to be the duty of employees of
the company to obey the rules and bull
letins in accordance with the interpre-
tation given them by the management
Of the railroad.
This award is dissented from by Ar
bitrator wickersham. except as to the
concluding clause and his dissenting
.opinion is filed herewith.
In the matter of the controversy re-
garding the dismissal of A. NJ. Morgan,
who was fagman on the railroad, the
iarbitrators are of the opinion that The
was guilty Of a mistake in rendering
ian expense tccount in connection with
his attendance upon the court at De-
catur, which he corrected when his at
tention was called to II, for which the
railroad authorities had the right TO ad-
minister some discipline not alone for
his good in the future, but as q warn