The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-08-04
City's Answer.


The reply of the city commission to
thelsTrades and Labor council follows:
'Messrs. Arch Schwalb and II. v.
Reid, AZ South Main street, care
Trades and Labor Council, Memphis,
Dear Sirs-We acknowledge receipt
Nof, your courteous communication, which
was today submitted at the regular
meeting Of the city commission. and
we feel that it deserves, and should
receive, candid answer.
There are in our opinion two ele-
ments which must exist in contro-
Yersy in order to render it susceptible
to settlement by arbitration, These
elements are implicit in the idea of
arbitration. The first Is the existence
of some arbitrable question which, II
submitted to arbitrators, might properly
be decided by them either the one
way or the other. The other essential
element is the right Of the parties to
delegate to third persons the decision
of the question in dispute, and to sub
stitute for their own judgment the
judgment Of the arbitrators.
May we suggest that the controlling
issue between the city of Memphis and
its former firemen Is, and has always
been: whether the city should at pres
ent increase the wages of the mem
bers of the fire department. II will
doubtless be conceded by you that in
asmuch as the scale of wages for the
members Of the fire department is
fixed by act of the general assembly,
we are powerless to change that scale
unless the legislative act is amended.
If the arbitrament should hold that we
should change this wage scale, this
would in no sense relieve the situation
Cr empower us to violate the clear man
date of the law.
This, therefore, not being an open
question, is not susceptible of arbitra-
ton. 1t is perhaps not inappropriate
TO add that it is equally unnecessary
TO arbtrate the question of whether
proper and legal efforts should be made
to increase this. wage scale, since. we
have never denied that these efforts
eSbould be made and have repeatedly
announced that they will be made by us
"As result of the resignation OF the
firemen, and the acceptance of Their
designations by the city, it was neces.
sary to fill the places of the men who
have resigned. This result raises the
question of whether the men who have
accepted employment should be dis
charged in order that their places may
be filled by re-employing the men whose
designations created the emergency. Il
seems self-evident that we should con.
Wet ourselves of unfairness and ingrati
tude if we should discharge these mer
who came to the relief of the city II
it's hour of need, and whose services
have been satisfactory, merely for thu
purpose of creating vacancies to bt
filled by men whose designations were
accepted. In the spirit of the utmos
Kindness to the former members of thu
fire department of the city of Mem
phis, we point out that the passing OF
each day reduces the number of va
cancies to be filled in this department
1T also seems clear that the sec
Cnd element which we have pointed out
as being essential to render contro-
versy arbitrable is lacking in the pres.
ent case. We were elected by the PEG
pie and charged with a duty under
the law of giving to their services ouI
own faithful endeavors and our owr
best judgment. AS we conceive oul
obligations to the people we are not en-
titled to shirk that responsibility, MOI
to evade the decision of any question
by submitting to any extra lega
tribunal the decision of questions, thu
responsibility of which is imposed upor
us by law We believe that the trus
which has been reposed in us and thu
responsibility which we have assumed
are personal, and not delegable; ant
that we can not discharge our duty II
any way save by ourselves assuming
this personal responsibility and eXer-
cising on behalf of the whole people
our own personal judgment.
I'VE therefore most deeply feel that
there exists, and can exist, no tribuna
to which we can voluntarily submit the
question of what our duty is, and thai
we can not debate about whether or
not we shall perform that duty.
We believe, therefore, that in the