The sun., 1916-11-28
". S. CARTER
Arbltrators, Net the Railways, Admin.
lister Their Awards.

$50
"or A"OA1 A"s
To THE EDITOR OF THE SUN-Str: In
an editorial article under the heading
IAN Amazing Charge" you ask a to the
correctness OF assertions made by w. 8.
Carter. president of the Brotherhood Of
Locomotive Firemen. in an address deliv-
cred before the Academy Of Political
Science, wherein he stated
In any arbitration of q controversy be-
tween railway employees and their en-
ployers the latter administer the award.
what would DC thought OF the enect'Ve-
"e's eo",. 1uusnae"' e"'o''eu o"'
whs, .ra ,r,.nS.d a. h. w... ,ncr.....
are juseIed into wage reductions BY rail.
way o~hiciais.
There is not a single law passed, Fed
eral. State or municipal. applyinR to any
individual or corporation. tina must not
f'rst be interpreted and applied by the
Individual or corporation affected. II
such Interpretation operates in a manner
that some one else hold, to be contrary
TO the law, our Government provides
courts to point out the intent and ad-
minister the law.
Mr., Carter states that the railroads
administer the awards. Under the act
of July Is, 1903. providing for media
ton. Cancellation and arbitration in con-
troyersies between certain EMPLOYERS
and their EMPLOYEES. the award OF the
arbitration board becomes virtually a
la W. in that section Z Of the act requires
the fling thereof in the "District Court
OF the United states for tho district
wherein the controversy arose or the ar
bitration was entered into" Section 4
further proyides .tbat the award. beiur
filed in the Clerk, Office Of the District
Court Of the United States M hereinbe-
fore provided. shall, 90 into practical
opera,ion and iudgmen, shall be entered
thereon accordingly at the expiration of
ten DAYS from such filing"
A a practical matter. an award 1. a
law recurring the railroad companies 10
nav employees certain compensations and
nrovide certain workine conditions. As
I'm the ease of. law. IL therefore be-
comes necessary for the corporation af-
fected to apply the law as its best judg-
ment dictates, II anv of the employee,
do not agree with this Interpretation
they may. as In the case Of any other
law. appeaI the matter to the BODY con-
s,i,u,ed bv thu arbit IN finn act IN admin
- .. -. ,r.,. -. 49, -.
81 80" '
sraph d. sec'ion v, Oh tue ac'' Is inc 'e-
convened board or arbitration.
As evidence of the fact that the en-
ployees do not for a moment concede
to the railroads the privilege OF admin
isfarinw tho La "a in tho recent arbitration
betwcen locomotive engineers and fire.
men and the Western railroads the board
Of arbitration was reconvened twice and
rendered decisions In 3l2 separate d,e-
putes as to how the law was to be adj
ministered. ] mink TINS IL conclusive
that the railroads were not the admins
traitors OF the award In the western ter
ritory. Who else hut the RAILROADS. cou'd
make tho first Interpretation and appii-
cation or the law: certainly II could not
be safely left In the hands OF those who
are to be the direct bcneficiaries.
As to the second paragraph OF MT
Carter's statement: h agreement Il
arbitratc. signed by the brotherhoods and
the western railroads. contained the ro''
lowing stipulation:
That any rates OF pay, Including excess
mileage. or arbitrary diner"ntiais hat are
higher. or any rules or conditions OF en-
p'"ym'en' "on'a'ne" !" 'nn'',nua' s.n'nu'.
,avor,bI. Ia IN. .uployces than III. award
Of said boar I'd. shall not be modified or az.
fected by said award.
The strongest argument made by tho
brotherhoods was for Standardization Of
rates OF pay and working conditions
There was never any understanding or
the part Of either the railroads or EN-,
ployees other than that when the EN-,
p,oyees made n selection under this claus,
! Of the contrac. OF an existing rule oil
rate OF nav. or an awarded rule or rat,
~ ma, .,cb seI.c,io, should la Of mi
form anp,ication TO all EMPLOYEES on tina
'hPoss'o.e a'P'' 49,