The sun., 1916-09-13

'eN NV &" ffBi 49,
compast. the guarantors assumed.
Their recommendations are founded.
too, on the premise that the INTERIOR
ough. by the admissions OF President
Theodore p. Shonts and General Man
ger Frank Hediey Of that company.
voluntarily bound itself TO the same
terms. In taking this for granted a de-
imurrer was entered by Commissioner
Hayward and Hodge. who hold the In
terborough has not made itself a party
TO the agreement.
For the resumption of negotiations the
Mayor and the commission urge tina:
some impartial person he selected to pre-
side over both factions. They suggest
that 10 no agreement on this person can
bo made between the c0~ntenders his
nomination be made by the Mayor and
Public Service chairman.
PubIIr vessu re IL Threatened.
The memorandum cmbodies in i, this
Significant passage:
There should be effective legislation
to meet UGH situations AS ;hese. but In
the absence Of such legislation there is
no reason why the moral pressure OF the
whole community should not be exerted
TO compel both parties to observe the
agreement which they state was In its
essence fair and reasonable and which
they regarded ss sacred"
In its entirety the statement Was n
c reful avoidance OF setting the blame
on either side. The attitude taken Is
that there was a measure Of Justification
on both sides. but q greater measure Of
wrong. This they attribute to a lack OF
understanding and u proneness to con-
etrUe manifestations OF unfriendliness as
sovidence OF bad faith.
A seen by the Mayor and the COM
mission the difficulty over the INTERIOR
oueh contracts forms the crux of the
dwhole trouble. Therefore the memoran-
tdum confines itself mainly to the events
hat tended to show the Interborough, al
though not a written party to the pact
Of August {. had bound isclf to Its OBJ
LEGATIONS. The controversy between tho
New York Railways Company and the
union therefore 10 almost wholly ig-
Al s o'clock yesterday afternoon the
statement was given to the public. There
were present In the hearing room all the
members OF the Public Service Com
mission and the Mayor. Messrs. Shonts,
Aedley and James l.. Quackenbush,
counsel for the Interborough, we're In at.
tendance. Efforts had been made to get
William y. Fitzgerald. strike leader, and
Louis Fridiger. his attorney. to the con-
ference. but they could not get back from
New Rochelle, where they had addressed
. MO meeting.
Aeport Of p. =. Commission.
Chairman straus read the report. II
osgan:
The agreement Of August 8 was
made with elaboration and care. II
/, constitutes q statement Of rights and
nllnHinIA0 AN NhA rnA
both sides the Mayor Of the city and
the chairman OF the commission under.
twSote that agreement. which meant that
: they would use their best efforts and
their oficial power to secure full COM
fpltance. To safeguard both sides. but
more particularly the interests Of the
public. q complete method Of arbitration
Wa provided In place Of the strike and
the lockout For this purpose the agree.
ment definitely provided that:
"All disputes that may arise be.
tween the company and the employees
IN the future on which they cannot
mutually agree shall be submitted to
arbitration as herein provided.
1.-THE various witnesses who red
before Us testified that they believe In
the principle OF arbitration and wish to
see 1t sustained. Indeed. much Of the
dtniculty that has arisen IL due 10
charges and countsrcharGes that the
principle Of arbitration has been vio-
lated. All OF the witnesses concur in the
opinion that the agreement OF August 6
was a fair. reasonable and workable
agreement provided II was observed In
letter and In spirit
1nterb0rough IL Diseased.
AZ this point the memorandum
launched itself intn a diSr,saiap 80 49,
marlborough:
Or August 10. when the commission
Med Its memorandum. there was no
agreement covering the subways and the
elevated. On the 30th OF August, IL an
pears from the testimony before US, the
marlborough Rapid Transit Company
received a committee Of its men. MEM
bers Of the .Amalgamated Association.
attended by the same advisers and
spohesmcn who appeared before US In
the matter OF the othe' railways. Ate,
discussion. Mr.. Hedley informed Mr..
Fitzgerald and his associates that a.
the same men governed the policies of
the PETERBOROUGH as governed the poll
ctes OF the Railways they
might proceed upon the assumption that
the principles and policies embodied in
the Railways agreement Of August 6
would lie regarded as controlling In the
Vaoc VI Nv IIl'eTDpTbukn " was 0eN-
nitely agreed 20 nv both hat the prin-
eiple OF freedom TO organize. the pr!n-
ciple OF freedom from intimidation or
coercion. and the principle OF arbitration
shOuld govern. Although this agreement
was not reduced TO writing n signed
by the parties. II was approved by Presi-
dent Shonts and was relied upon by both
sides In thclr subsequent negotiations
Cause ut Ftrst Disasreement.
The sta'emeu' goes on 20 tell that the
linton borough tired TO persuade its men
NOT to enter the union. that they adj
vited them 20 form az organization n,
their own. In pursuance of this plan.
read the chairman. approximately 10000
Of the II 900 employees of that company
voted for tie policy. This brought on
the first disagreement between the union
and the company officials. The uniCr
suggested that there should he an agree.
ment on a clause which would pcrmi,
these contract signers to Join the union
should they 60 desire.
at appears from the minutes Of the
conference and the direct testimony b.
fore us that II u a course had been
accepted difficulty might not have arisen
~ this time" the memorandum says.
ut IL regrettable that at this point
the parties apparently became distrustful
OF each other, From the testimony il sp-
pears that the men believed an attempt
was being made to deprive them Of the
rights which had been guaranteed BY
them under the agreement. On the other
hand. the company officials apparently
believed that the officials Of the union
were seeking to prevent the men from
exercisin@ their right to prefer the
Brotherhood to the Amalgamated.
ut appea ~ tina by the 9Th of SSptsm.