The Birmingham age-herald., 1913-05-28
DIR. G. H. Denny and Gov
ernor .O'Neal Will Reach
the City Tonight
BOARD WILL MEET IN
EXECUTIVE SESSION
Conference Held Yesterday in Which
Both Sides Participated and Each
Seemed Pleased With
the Outlook

The strike of the allied building trades
will be taken up officially by the state
board of arbitration and mediation to-
morrow at II 80 o'clock.
The session will be held in Gen. E. w.
Fuckers office in the American Trust
building and will be executive. Governor
ONeal and DIR. G. II. Denny will reach
Birmingham from Tuscaloosa tonight.
This announcement was made yesterday
by General Edward w. Rucker, presi-
dent of the board following conference
OF Mr.. Drake. an associate member. Mr..
Ingram representing the striking forces
and Mr.. Corners, president of the Build
ers' association. The meeting yesterday
was purely informal and resulted only
in the agreement being reached that both
sides to the wage controversy will sub
nit written statements before the meet
ing tomorrow.
AT the formal hearing tomorrow Dr..
George II. Denny, president Of the Uni
versity of Alabama, member. of the
board will be here. He will present
diplomas to the graduates at Tuscaloosa
today and will leave Immediately for Bir-
mingham He will be accompanied by
Governor O'Neal who will assist in what
ever way he can to settle the dispute
here.
Meeting Was Executive
The meeting of the state board yester-
day was executive. 1t is said, however,
to have been very agreeable and those
who emerged from the private offices of
General Rucller where the meeting was
held smiled upon reporters serenely. 1t is
stated that inasmuc has the state board
stated that inasmuch as the state board
upon at least impliedly for solution
of the strike matter the citizens commit
tee which conferred Saturday afternoon
with the commissioners will not further
act formally.
What the Law Provides
The state board of arbitrat ton and med-
alton. which is offering its services in
the present building trades strike In Bir-
mingham, was created by the last legis-
lature. The board consists of three men,
bers who are appointed by the governor
DR.. George Fl. Denny, president of the
University of Alabama; Gen. e. w. Ruck-
er of Birmingham and James B. Drake
of Birmingham.
Under the provisions of the law the
board may proceed in three different
ways. In the first two methods they act
under the direction of the governor and in
the third upon the request of the persons
in controversy.
Under the first method the governor di-
rects the members of the board as board
or as individuals to act as "mediators."
As mediators they are simply authorized
to see the parties in controversy and Of
fer their services to see whether some
agreement cannot be amicaby reached. AS
mediators they have no authority to sum-
mon witnesses or to require the produc-
ton of books and papers bearing on the
controversy.
Second Method of Procedure
Under the second method of procedure
the governor directs the board to inquire
into the cause of the strike and under
this method the board has full legal
power to summon witnesses necessary, to
require the production of books and
papers bearing on the subject and in gen.
eral to get all the inside detailed infor-
nation about what may have brought on
the trouble The board, however. has
no authority to enforce its findings. 1t
simply makes a report to the governor
or what it has learned, and the only out
come of its report is the moral effect that
might be created on public sentiment.
Under the third method Of procedure
the board may sit at the request of the
parties in controversy but when both
sides have requested the board to act as
arbitrators and settle their differences
they must previously have signed written
agreements to abide by the decision which
the board may reach. Under this method
the board also has authority to summon
witnesses and require their appearance
and call for any necessary data to ar
rive at the truth.
1t should be borne in mind also that
when sitting under the third method as a
board of arbitration each member is an
arbitrator and when a finding is made
it must be agreed to by at least two men,
hers of the board. In other words, one
member does not act as an umpire with
the other two members representing the
two sides in the controversy.
The action of the board taken so far
mas been under the first method of pro-
cedure; that is, simply offering their SER
vices as media tors, and as individuals to
see what might be done. However, 1t Is
not unlikely that when the full board
assemblies on Thursday the governor Will
have given the members instructions to
proceed under the second method, which
provides that they shall inquire into the
cause of the strike, and shall have power
to summon the necessary witnesses and
later make a report to the governor OF
their findings.