New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-09-09
P. s. c. AT ALOSS
WHERE TO PLACE
STRIKE BLAME
Each Lawyer Testifies to
the Other Sides
Culpability.
OUACKENBUSH INSISTS
CONTRACTS ARE VALID
Believes Country Can't
Exist Half Union, Half
NOn-UniOn.

NOn-UniOn.
A second day Of industrious digging
left the Public Service Commission as
much in the dark last night concerning
The rights and wrongs of the traction
strike as il was when the union men
walked out.
With the testimony Of James l..
Ouackenbush, Of the marlborough ana
louis Fridiger, Of the car mems asso-
citation, added to their record, the com
missioners found themselves in d
ouicksand Of shifting logic which com
petently demonstrated that both sides
we're responsible for the break or
from another viewpoint, neither side
was.
At the bottom Of the trouble, OF
course. are the master and servant
contracts with which the lnterborougn
eannily sewed its men TO their jobs.
That is the only point thus far clearly
established. In defence Of those con-
tracts Mr.. Quackenbush, general a'tor-
new for the Interborough and devlser
of tho scheme to circumvent the unloh'
cited the Constitution. the never-to-De-
questioned rights Of the American cru
zen and corporation and the starry nag
that waves over all. He was almost
fearful at one stage as he TOOK MS
inning on the witness stand.
Mr.. Fridiger, who represented tne
Amalramated' Association OF Electric
and Street Railway Employees IN Its
conferences with traction oihciaIs' was
equally positive, when his turn came
10 testify. that the individual contract
was fendish device TO enslave the
working man and cheat him OF the BEN
efits which might accrue from union
afiiliation.
Prove Both Sides TO Blame.
When IL came to the question OF who
precipitated the strike, each lawyer
was able 10 produce passages from the
conference records proving the BAD
faith Of the others side.
Mayor Mitchell, who sat on Chairman
Strauss right and followed the arSu,
ments until he was dizzy, finally asked
that the complete transcript OF all that
had passed between union representa-
tives and employers during his absence
in Plattsburg be sent to his home.
At the morning session Mr. Quack-
enbush had proved something of will
o'-the-wisp, nimbly escaping from
succession Of embarrassing questions
without once sacrificing his appearance
Of frankness. Explaining his insist
ence that the validity of the master
and servant" agreements be tested by
a court rather than by an arbitration
board. he pointed out that he did not
wish TO have any testimony attacking
his personal integrity given except
under oath.
DESPITE the agreement entered into
before the Mayor and Mr.. Straus on
August T." Mr.. Cohen told him, IAN
interruption of street car service has
come about. The men say the fault
lies with the company that it acted in
bad faith in a vital matter. Under the
circumstances do you not now think
it would have been better to have sub
mitted this question to the Public Ser
vice Commission -
Draws Historical Parallel.
NO" said Mr. Quackenbush. This
commission has no jurisdiction in such
matters and cannot therefore enforce
decisions. / believe this country is in
the same position as 1t was when Lin
coin said il could not exist half free
and half slave. | believe il cannot
exist half union and half non-union."
Nh Quackenbush a moment later
said he believed in arbitration and had
advised it.
81 never talked strike or lockout" he
said "The men did that. | knew they
could not stop operations, and | be
lieved IL was we'll TO let this come now"
In response TO question prompted
By a whisper from Mayor Mitchell, Mr..
Ouackenbush said that the agreement
Of last month had been found unwork-
able.
Minutes Of the conference Of Septem-
Der ., which were new TO the Mayor,
we're read by Mr.. Cohen. They showed
that Frank Hedley, yice-president and
general manager of the lnterborough
and Of the New York Railways Com
pany. had told the union men, when
they asked him to submit the question
Of the contracts 70 arbitration, that he
did not intend TO discuss the SUBJECT
further. Mr.. Quackenbush had inter
posed a suggestion that the matter be
taken into court, where witnesses could
be sworn, and Mr.. Fridiger had made
counter suggestion that the test be
before the Public Service Commission,
witnesses 10 be sworn there as in court.
81 wanted them 10 go to court said
the witness. 81 didn't want q strike.
Had the Interborough been underwrit-
ten by the chairman and the Mayor |
would have gone 20 them. But ! know
that II a charge was made rejecting on
my honor. as was implied in the accusa-
ton that the working agreements had
been executed under duress, they would
not attempt 10 pass on the merits OF
the case, but would pass 1t on to the
courts"
Influenced by Fitzgerald's Threats.
Mr.. Quackenbush was reminded he
had testified earlier that Fitzgerald
had said something at the conference
on August - which had led him 20 be-
lievc trouble wae imminent and that