New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-09-10
Union and Commissions
Attorneys Long Discuss
Breach of Faith"
HEARERS WEARY
AS SESSION ENDS
Question of Contracts Is
Not One for Arbitration,
Says Fridiger.

With Louis Frldlger. attorney loI Ih'
Amalgamated Association of Street and
Electric Railway Employees. as the only
witness, the Public Service Commits
sion adjourned its third session OF IN
vestigation yestei lay without discover
ing the essential cause Of the traction
strike.
Most Of the time was used by the
witness and julius Henry Cohen, spe-
cial counsel for the commission, in dis
cussing breach of gooc iai,h," "the
right to sign an individual contract "
arbitration, end other familiar phases
Of the dispute.
At y. m. Oscar s. Straus, of the
commission. pressed his hands to ms
eves YEARLY. Mayor Mitchell was star
ing out Of the Equitable Buildings
twenty-ffth floor windows al Terry
loats. Commissioner Henry W. Hodge
yawned in the middle Of one eXcep-
tonally long question put to the wit
ness.
Tired and Sensitive.
owe are both tired. Mr.. Fridiger, and
pcthaps you are little sensitive,
commented Mr.. Cohen, when he and
the unions attorney became involved
IN a tiff over being fair with each
other.
as il not a fact that the men claim
breach OF faith on the part Of Mr.. He'd
lev in circulating individual contracts
among the New York Railways Com
ppnv's employees" Mr. Cohen asked.
Mr. Fridiger replied that it was.
"Then what is your explanation OF
this?" continued the counsel for the
commission. an exactly the same way
the PETERBOROUGH and the New YORK
Railways Company officials assert that
Your men taking strike vote or an
authorization to strike on August 81
constituted an act of had faith and m
Dictated n refusal 20 carry out the
agreement to arbitrate prevailing IN
both situations What is your eNpla-
nation to that
Will BE Up to Commission.
81 cannot help what the company
claims" retorted Mr.. Fridiger. at Will
he nm 20 this commission, as far Ia its
movers 20, 10 determine and state
whether il was an act of bad faith on
our mart 10 do that in the light OF all
the facts. II you want me to offer an
opinion on it. can. Explain il, | can
not"
Shortly before the hearing adjourned
Mr.. Fridger argued that in the dispute
over the reinstatement OF fourteen
union men after the strike month ago
there was no cause for arbitration be-
cause the action of the traction com
pany officials constituted an open viola
ton of the agreement made with Chair
man Straus and Mayor Mitchell.
Furthermore, from legal point OF
view" he added. II say that this present
question Of the contracts should not he
one for arbitration because 1T is an
open violation and breach of the agree
ment.'
Both Tell of violation
"What good is an arbitration agree
ment. Mr.. Fridiger," asked Mr.. Cohen,
"if the lawyers for either side at a
time when a controversy arises between
them can take the position that this
is clear violation of the agreement
and we don't need to 60 to arbltra-
ton that settles IT. MIR. Quackenbush
seemed to take that position Yesterday
and you take that position to-day.
When the witness was asked If Chair
man Straus had not telephoned him on
September 6 that he believed it would
he unwise TO strike on the New York
Railways lines. Mr.. Fridiger objected.
"That was a most unfair question:
he cried. "and want a chance to-
"Expunge the question: interrupted
Chairman Straus. CLEAR the record.
Mr.. Fridiger agreed TO this suggestion
The hearing will be resumed at 1926
fo-morroW morning