Newspaper Page Text
8
Correspondence Between the Georgia Railroad and O. R. C. and B. R. T.
Copies of Correspondence
Between
W. S. BRAND.
Superintendent. Georgia Railroad,
And
T. A. GREGG.
Vice President,
Order of Railway Conductors.
Relating to
Application of J. T. Paschal for
Reinstatement to Position of Conductor
on the Georgia Railroad. From
Which He Was Dismissed
June 5. 1912.
Also
Copies of Correspondence
Between
W. S. BRAND,
Superintendent, Georgia Railroad.
And
JAMES MURDOCK,
Viee President,
Brotherhood of Railway Trainmen,
Relating to
Application of A. M. Morgan for
Reinstatement to Position of Flagman
on the Georgia Railroad, From
Which He Was Dismissed
April 3. 1912.
THE ALBION.
Augusta. Ga , Sept 10. 1912.
MR T. K. SCOTT, Genl. Mgr
Georgia Railroad Company.
Augusta. Ga
Dear Sir:
On June sth. of thia year. Conductor
J. T. Paschal, who had been with your
Company for nearly twenty years about
free years as Flagman and 14 years as
Conductor—was dismiased from the serv
ice because his engineer remained on duty
more than sixteen hours from the time
he first reported for duty at Augusta
shops until he got his train on the sid
ing and the engine in shape to be left
without a Watchman at Lithonia, on
May 19th. 1912.
Your Conductors, believing an injustice
has been done Mr Paschal, instructed
their committee to take bls case up w’lth
the proper officials and request his rein
statement This was done, but the re
instatement of Mr Paschal was promptly
refused
The ease was then referred to the Ex
ecutive officer of their Organization, who
assigned the writer to assist them, and,
after going over the case carefully, I
agree with the contentions of your Con
ductors. that Mr Paschal was unjustly
denied the right to continue to earn his
daily' bread tn the capacity of Conductor
for your Company.
Therefore, we request that he be rein
stated to his former seniority rights aa
Conductor, and that he be paid for all
time lost
The undersigned, accompanied by the
General Committee, <». R C, representing
your Conductors, would be glad to have
a conference with you to discuss the
above referred to subject at your earliest
possible convenience
I will await your answer at the Albion
Hotel, this City, and thanking you for an
early reply, I am.
« Yours very truly.
(Signed I T. A. GREGG.
Vice President O. R. C.
GEORGIA RAILROAD.
Augusta, Georgia. September 12. 1912
MR T A. GREGG.
Vice President. Order of Railway Con
ductors.
Albion Hotel. Augusta, Georgia
I ‘ear Sir:
Mr Scott. General Manager, has re
ferred to me your letter September 10th
asking for conference accompanied bv
the General Committee of Railway Con
ductors, to discuss the case of J. T. Pas
cha I
1 shall be pleased to meet the Commit
tee and yourself at 4:00 1’ M , Eastern
Time, Saturday. September 14th Previ
ous engagements prevent my naming an
earlier date for the meeting
Yours truly.
(Signed) W S. BRAND.
13th Superintendent.
THE ALBION.
Augusta. Ga.. Sept 14, 1912.
MR W. S BRAND. Supt.,
Georgia Railroad Company.
Augusta, Ga
Dear Sir
Your communication naming 4 o'clock
P. M , Eastern Time. Saturday, Septem
ber 14th, for conference with the General
Committee O. R. C. and myself to discuss
the case of Mr J. T. Paschal, has been
received
We will be at your office at the above
named hour
Yours truly,
(Signed) T. A GREGG,
Vice President <>. R. C.
GEORGIA RAILROAD.
Augusta. Georgia. September 15. 1912
MR T A GREGG.
Vice President. Order of Railway Con
ductors,
Albion Hotel. Augusta. Georgia
Dear Sir:
Referring to the case of .1 T. Paschal,
whose dismissal from the service of the
Georgia Railroad was discussed at a con
ference held in my office on Saturday aft
ernoon. the 14ih instant, at which confer
ence there were present yourself. Messrs.
A. L. Chandler. W S Black and .1 V
Scott, representing Mr Paschal. and Mr.
J B Laird. Traveling Conductor, ami my
self, also Mr. Norris, of my office staff
You are doubtless familiar with the
‘’Hburs of Service'' law. passed h\ the
National Congress in March, 190,. the ob
ject and purposes of which are set forth
in its title, viz. "In let to promote the
safety of employees and travelers upon
railroads by limiting the hours of service
of employees thereon.
A eopt of this Vci was posted on the
bulletin boards prior to its effective date,
that all interested employees might be
Informed of its terms, etc and on No
vember 14th. 1911, tlie following bulletin
was issued, over mt signature atm ad
dressed to Engineet s. Firemen < '.m
duclors and Trainmen
■'To comply with (lit Hout s ~t sqviu-
I.aw. Hie period of dutt should he
puted from the lime the eniphpee actual
b goes on dutt t“ the lime Im it r. 1.-ved
of his engine or train If a Hain
.aught without instructions on main line
at any point >•' the expiration of the I'.-
hour period. the er. w will place train in
sidetrack, go off dutt and report action
!>ispMt< het
Georgia Raih..ad Rule No win. ii
was in effect at the time Mr Paschal's
offense was committed, bears directly on
tlie case For convenience I quote it
"The general direction and government
of a train, from tlie time of receiving its
passengers or freigl '. until its arrival at
its destination, is tested in the conductor
He is held responsible for its safe and
proper conduct, anti all men employed on
the train are requ red to ' iel.l a «.Hing
obedience in hir proper orders
tip Mat IS In i Mr I’aschal left Xugu n<
in charge, a. conductor, of a we tbound
freight train destined to Atlanta, and at
("ovington (a station 130 miles distant
i from Augusta > he learned direct from the
I engineer of his train the exact time that
hfs t the engineer si 16-hour period on
duty under the law would expire The
train proceeded to Conyers ta station 14#
miles distant from Augusta), where it re
mained for some time awaiting the ar
rival of an opposing eastbound train, on
arrival of this castbound tra.n at Con
yers. the westbound train, in charge of
Mr. Paschal, departed for the next sta
tion. Lithonia, without sufficient time to
make tlie run to that station at the speed
limit prescribed by the Rules and clear
the main line before the expiration of the
16-hour period of duty of the engineer
Mr. Paschal admits these facts and has
not given a satisfactory explanation of his
failure to observe the law and my spe
< .al instructions relating thereto. He also
knows that under Rule 132 "he Is held re
sponsible for the safe and proper conduct
of the train, and that al! men employed
on the train are required to yield a will
ing obedience to his proper orders '
The Georgia Railroad has equipped its
line with a telephone system, and each
conductor, including Mr. Paschal was pro
vided with a telephone set, that they may
be able to promptly and conveniently get
in communication with the Dispatchers,
thus the bulletin instruction to "report to
Dispatcher" could have been easily car
ried out, and his failure to do so Is with
out excuse or reason. He seems to have
preferred to deliberately’ and premeditat
edly take matters In his own hands, de
fying our instructions and the law, thus
putting the Georgia Railroad in the atti
tude of a law-breaker and subjecting it to
severe penalties under the law
The Georgia Railroad Is being asked to
reinstate Mr. Paschal and allow <>im lost
time, and this request is accompanied by
a threat that unless it is complied with
"there will be trouble for the Georgia
Railroad” and myself, the, statement being
made that the men will withhold their
support and co-operation, and that with
out those 1 could not succeed In short,
you are upholding Paschal in his disre
gard of my instructions and the law, both
of which were designed for hts safety and
the safety of his fellow employees, the
passengers who entrust themselves to our
care and for the protection of valuable
property, and in further effort to accom
plish your ends you make a threat that
our conductors will "give us trouble" and
will withhold support and co-operation,
thus not only crippling the Georgia Rail
road but our patrons as well, in that they
would not receive the service so essential
to their comfort and success. I repeat
with emphasis w’hat I said. In effect, at
the conference, viz.: that the conductors
employed on the Georgia Railroad are for
law and authority, and that I can not and
do not believe that they would be parties
to such indefensible and unworthy prac
tices, and that they would not disre
gard one of the important notices con
tained in the Rules, viz.: "To enter or re
main in the service Is an assurance of
willingness to obey the rules.”
You also urge in justification of Mr
Paschal's act that olhers have committed
similar offenses since the Issuance of the
bulletin quoted in this letter and they
ha.l not been suspended or dismissed. A
breach of the laws of morals or of dis
cipline is not modified in degree by its
detection or non-detection An offense of
that sort Is still an offense if it never
becomes known to any one but the of
fender
The weakening of discipline invariably
carries with it demoralization, reckless
ness and other kindred horrors. As the
responsible head of the Transportation
Department. 1 shall continue to adminis
ter such discipline as in my judgment
works no injustice, to the offender and
affords the protection to our employees
and patrons thal they expect me to pro
vide Yours truly,
(Signed) W g BRAND.
Superintendent
THE ALBION.
Augusta, Ga.. Sept. 16, 1912
MR W s BRAND, Supt..
Georgia Railroad Company,
Augusta, Ga.
Dear Sir On September 10, I addressed
a letter to Mr. T K. Scott, general mana
ger of the Georgia railroad, requesting
the reinstatement of Conductor J. T
Paschal Io his former rights as conduc
tor. and that he be paid for all time lost,
and asked Mr Scott to give conference
to the undersigned and genera! committee
O R C. representing his conductors, to
discuss this matter.
t'n September 12. not having heard from
him, I wired him at Atlanta calling hlr
attention to my letter of the 10th, and
advising him that I had received no re
ply
On September 13 I received a letter from
you stating that you would meet the
committee and myself at 4 o'clock p nt.,
Eastern time. Saturday, September 14,
to discuss this matter
Not having heard from Mr Scott, I
again wired him on the 13th instant, tell
rng him thal 1 had not received reply
to either communication sent him. that
we had heard from you. but as we had
taken the matter up with him as general
manager of his company, we were entitled
to know from him who had been author
ized to dispose of the case at Issue, and
on the morning of the 14th I received a
message from Mr Scott to the effect that
you would meet us.
When we first met you at the confer
ence on Saturday, 14th, in answer to a
direct question from me. you stated to
us that you had authority to settle this
matter However, after reading your com
munication of today we find that you re
i view some of tlie arguments you pre-
I sen ted on Saturday. and do not fairly
I state some of the statements made by me.
I but >on do not sat in > our Communica
tion whether or not you will reinstate
I Conductor Paschal ami pay him for all
lima lost
When tou have done so we are pre
pared to answer your communication and
advise pin whether or not we are will
ing to accept tour decision
Trusting that we ma> get this decision
at lout earliest possible convenience. I
am tours ver? truly.
iSotned) "|" \ GREGG.
Vice President 11 c
GEORGIA RAILROAD.
\ugusia. •»a Sept
i Ml: t \
Vu e PresK.em < trdei of Railway Con
tlmivrs.
Xlbon Hotel. Ai.gusta. Geotgia
I am it: receipt of \oui letlet Septem
ber 16th. m which you ask whether or
not i « II reinstate <' ualm toi .1 T Pas
chal and pa? him sot all time lost, ami
: state that upon receipt cf tins informa
tion you will be prepared to answer my
foiniiiun i atlon of this date and advise
I me whether or not you are willing n, ac
eept my decision
| Thus far m> -mind reason lias been
ged • •* ■ t
.request f.e reinstating Mr Pa thal Hid
I pa- ' mi I"' all tnnt lorn Your* trub
t ;jgm > ' - BRAND
| Superintendent
IHE ATLANTA GEORGIAN AND NEWS. TUESDAY. OCTOBER 1. 1912.
Augusta, Ga.. September 30. 1912.
TO THE PUBLIC:
As at this writing it is highly probable that the conductors, flagmen,
baggage masters and yard trainmen in the service of the Georgia Railroad
will withdraw from that service, and that, notwithstanding the efforts of
the railroad management to flu these places, the public will be seriously
embarrassed, 1 feel that it is due to the public to make known to them all
the facts, thal the public may consider from whose fault comes this result.
For that purpose the following statement is published:
In the introduction to the rules for ihe government of employees of
the transportation department of the Georgia Railroad occurs the language
following. "To enter or remain In the service I" an assurance of willing
ness to obey tlie rules.” Rule 132 of those rules reads as follows: "The
general direction and government of a train front the time of receiving its
passengers or freight until its arrival at its destination, i« vested in the
conductor. He is held responsible for its safe and proper conduct, and all
men employed on the train are required to yield a witling obedience to his
proper orders." In 1907 the congress of the United States enacted a law,
the purpose and objects of which are set forth in its title, viz.. “AN ACT
TO PROMOTE THE SAFETY OF EMPLOYEES AND TRAVELERS UP
ON RAILROADS BY LIMITING THE HOURS OF SERVICE OF EMPLOY
EES 1 HEREON." A copy of this act was posted on the bulletin boards
prior to its effective date, that all interested employees might be informed
of its terms, etc., and on November 14. 1911. special instructions to engineers,
firemen, conductors and trainmen were issued by me as to compliance with
this law. These instructions provided that at. the expiration of the statu
tory period of duty for trainmen (16 hourst "THE CREW WILL PLACE
TRAIN IN SIDETRACK. GO OFF DUTY AND REPORT ACTION TO
DISPATCHER.”
On May 18. last, Mr. J T. Paschal left Augusta in charge, as conductor,
of a westbound freight train destined to Atlanta, and at Covington (a station
130 miles distant from Augusta i he learned direct from the engineer of
his train the exact time that his (the engineer's) and fireman's 16-hour
period of duty under the law would expire. The train proceeded to Con
yers (a station 140 miles distant from Augusta), where it remained for
some time awaiting the arrival of an opposing eastbound train. On arrival
of this eastbound train at Conyers, the westbound train, in charge of Mr.
Paschal, departed for the next station. Lithonia, without sufficient time to
make the run to that station at the speed limits or limit prescribed by the
rules and to clear the main line before expiration of the 16-hour period of
duty of the engineer and the fireman.
Mr. Paschal admits that his train was run contrary to the provisions
of the so-called HOURS OF SERVICE LAW referred to above, and has
given no satisfactory explanation of his failure to exercise the authority
vested in him by Rule 132. fully quoted above, and place his train in the
sidetrack and report to the dispatcher in compliance with the special in
structions also quoted above, thus avoiding an infraction of the law. Tlie
Georgia Railroad, in its anxiety to expedite the movement of its trains, and
otherwise afford easy and prompt communication, has equipped its main
line and Macon branch with a telephone system, and has provided each
conductor, including Mr. Paschal, with a portable equipment to enable them
to communicate within a few minutes directly with the dispatchers. The
engineer and the conductor (Mr. Paschal) were, for thia offense, dismissed
from the service, and the Georgia Railroad is now confronted by a demand
from the Order of Railway Conductors to reinstate Mr. Paschal in the serv
ice and to pay him full wages from the date of his dismissal, and this
demand is coupled with a threat from the vice president of that order
that unless it is complied with there will be “trouble for the Georgia
Railroad and for its superintendent.” In brief, the demand is made upon
the Georgia Railroad that it shall reinstate in the responsible position of
conductor one who has admittedly failed, though empowered so to do and
w’lth full knowledge at the time of the occurrence, to require compliance
with the rules, the special instructions issued and a law* enacted for the
SOLE PURPOSE OF SECURING GREATER SAFETY FOR HIMSELF,
HIS FELLOW EMPLOYEES in tlie railroad service and THE TRAVELING
PUBLIC. It is pertinent to add that this infraction of the law’ was re
ported to the Interstate Commerce Commission, as requited by the law,
and the discipline imposed was also made known to the commission as
an evidence of the Georgia Railroad's earnest desire to comply with the
provisions of the act. and the commission, tn acknowledging the report,
expressed its thanks for the interest manifested by the officers of the rail
road in securing compliance with the law. The public must appreciate that
in the operation of railroads where the infraction of ONE RULE may re
sult in loss of life and destruction of property, it is essential those who
knowingly and willfully violate the rules and the law be eliminated from
railroad train service. Otherwise the hazard to those who are employed
and THOSE WHO TRAVEL upon railroad trains must inevitably be vastly
increased.
The Geoi'gia Railroad is also confronted with a demand made by the
Brotherhood of Railway Trainmen for the reinstatement to its service of
Mr. A. M. Morgan as flagman, and for the payment to him of full wages
from the date of his dismissal. April 3, 1912. Under its agreement, the
Georgia Railroad undertakes to reimburse its employees, while attending
court as witnesses in its behalf, their ACTUAL EXPENSES during their
absence from their regular duties. In March, 1912, Mr. Morgan, at the
instance of the Georgia Railroad, attended court as witness in a case
wherein the railroad was defendant. In accordance with the usual practice.
Mr. Morgan submitted to the railroad a statement purporting to repre
sent his ACTUAL expense, which, upon examination, was found to be in
correct, in that the Geoi-gia Railroad had been overcharged. The state
ment was returned to Mr. Morgan, calling attention to the overcharge,
which was corrected by him. Upon further examination, another over
charge was discovered, and the statement again returned to Mr. Morgan for
correction, and for the third, fourth and fifth time it was necessary to re
turn this statement to Mr. Morgan to secure the correction of a third
overcharge. These persistent overcharges (small though they were, the
total amount originally claimed being only $8 and reduced by Mr. Morgan
to $5.25) were evidences of characteristics which are incompatible witlt the
very responsible duties of a railroad trainman. In other words, they indi
cated that Mr. Morgan is either inexcusably careless, possessed of a mem
ory which is deplorably faulty, or that he is dishonest, either of which
causes is sufficient to and should eliminate him from train service. The
facts recited above, upon which Mr. Morgan was dismissed, are admitted
by him, and these admissions are of record of his own making in the office
of the superintendent.
It must be patent to all that the administration of proper discipline is
essential to the safe operation of railroad trains, and that that prerogative
must reside in the responsible officers of the railroads, and can not be dele
gated to any subordinate or aggregation of subordinates. It Is the exer
cise of thal prerogative by tlie officers of the Geotgia Railroad and their
refusal to delegate it to organizations of its employees which have resulted
in an ultimatum from the officers of these organizations that unless these
two men are restored to their former positions with full compensation for
the period elapsed since their dismissal the members of these organizations
heretofore employed by the Georgia Railroad will withdraw from its service,
thereby impairing its ability to provide the transportation service so indis
pensable to the public comfort. While the management of the Georgia
Railroad feels in alt sincerity that its course in this matter is just and
right, it recognizes the fact that parties to a controversy may err honestly
in their views, and has. therefore, reported the situation to the officials
designated by another act of congress, to mediate between the parties in
such cues, and has requested their good offices. The correspondence
between the superintendent of the Georgia Railroad and the vice presidents
of the Older of Railway Conductors and Brotherhood of Railway Trainmen
is published herewith. w. S. BRAND.
Superintendent Georgia Railroad.
THE ALBION HOTEL.
Mlgusts Ga., Sept 16, 1912.
MR \\ S BRAND.
Supt. Georgia Railroad,
tugusta. Ga
Deal Sir:
During in.' experience n dealing with
railroad officials throughout Hie country.
I liav« met many men who did not agree
with me. notwithstanding the fait that it
was afterwards decided ilia! arguments I
l-.ad offered and reasons given were good,
as to why a mailer of grievance should
be adjusted, but I nevei have until now
niei an official who was vested with au
thority io make a decision and tried to
dodge Hie responsibility of doing so
Your statement that no sound reason
lias been urged to just fy you in enter
taming our requests for reinstatement of
<"ofitiucior I’aschal and pay him for alltinie
lost appears to be no reason why you
should '*J or refuse to make a decision
one way or the other when urged to
do so.
You have heard our t-guno nt. and it s
for ■oq io <s C( q| p w hether you think it is
or bad. tno »ha> I now des re to
know is. are yon willing to reinstate Mr.
Paschal to his former position as con
ductor. and pay hint for all time lost?
Yours very truly.
( Signed i T. A. GRKGG.
Viee President (>, R. t'
GEORGIA RAILROAD.
Augusta, Gu . Sept 17. 1912.
MR. T A. GREGG.
Vice I’resldent. Order of Railway Con
ductors.
Albion Hotel, Augusta, Ga.
Dear Sir:
Your letter of September 16th was de
livered to me this morning by Messrs.
Chandler and Black
There is nothing In my correspondence
to Indicate a disposition to dodge any
thing.
1 reiterate that thus (ar no sound reason
has been urged to justify me in enter
taining jour request for reinstating Mr
' Paschal and pay him for all time lost
l nii«r our rule*, with which Mr. I’as
< hal i-. full' conversant, ihe responsibility
for the «afe and n.-opet conduct of <ntt
■ trains over the road rests with the con-
ductor. Mr. Paschal himself admits that
his train was run. and that he knew be
forehand that it would be run, contrary
to law, a law that was enacted by our
National Congress and designed for his
safety, for the safety of his fellow’-em
ployees and those (the public) who travel
upon our trains.
It would not be compatible with my
sense of right, and I would be recreant
in my duty’ to our employees, to the pub
lic and to the property I represent to re
store such a man to our ranks without
any reason whatever—in brief, to restore
him simply because you request it.
Yours truly,
i Signed) )V. S. BRAND,
Superintendent.
THE ALBION.
Augusta. Ga . Sept. 17. 1912.
MR. W S. BRAND, Supt ,
Georgia Railroad Company,
Augusta, Ga.
Dear Sir:
Your two communications written yes
terday and one today referring to the rein
statement of Conductor J, T. Paschal, and
whiclt was the subject matter of our con
ference held in your office on Saturday
afternoon, 14th inst., have been received
and carefully considered. Your first and
second letters did not set out clearly what
your decision was, but we understand
from your communication of today that
our request is denied.
IT e can not accept your decision as final
and as the matter has been placed in your
hands by the General Manager to adjust,
we understand that we have the com
pany s final reply. Therefore, there seems
only one course left open for us, which
is to submit the case to the membership
for them to decide our future course.
However, inasmuch as the Conductors and
Trainmen are federated on this system, we
have decided, first to convene the federated
committee and lay our case before that
committee. As soon as an officer of that
organization and committee has convened,
we will ask you for a further conference to
advise you of the decision reached by
the Federated Board.
In our first communication to you yes
terday 1 advised you that as soon as w’e
received your final answer in writing, giv
ing your decision in the case at issue, we
would answer your communication and
advise you whether or not we would ac
cept your decision.
In your communication yesterday, 1 no
tice several places where 1 am quoted In
correctly, and 1 wish to call your atten
tion to these statements and will correct
them.
I said that no official could succeed
without the co-operation and support of
those under him—that unless the men had
confidence in their superiors and felt and
knew that favoritism and discrimination
was not practiced, that it had been con
ceded by almost all fair-minded officials,
that his success was hopeless. And 1 did
not believe you would claim that you
were an exception. Your answer to tills
statement was—That "You are right, and
if I felt that I did not have the support
of my Conductors. 1 would resign as Su
perintendent.” But I did not say, that
the Conductors would withhold their sup
port and co-operation from you.
I told you, however, that if we failed to
reach a satisfactory settlement (you hav
ing failed to convince us that there was
no merit in Mr. Paschal s case) there
was only one course left for us to pursue,
and that was to let the men whom we
represent decide for us what action we
should take. I presume this is what you
refer to as “threats.”
We agree just as heartily as you do
that the Conductors employed on the
Georgia Railroad are for Law and Order,
and cheerfully submit to authority at all
times. We believe that Mr. Paschal has
been and is today a firm believer in these
same principles, and furthermore, we are
firmly of the belief that he carried out
the instructions contained in your bulle
tin dated November 24, 1911, to the letter.
Mr. Scott, General Manager, wrote to
Mr. A. L. Chandler. Vjce Chairman of
the Conductors’ Committee, under date of
July 19, 1912, as follows:
"Your letter of July 18 has reached me
here.
"I have carefully considered lite case of
Conductor Paschal held responsible for
violation of Superintendent Brand's Bul
letin of November 14, 1911. relative to the
hours of Service Law and the National
Law itself. Therefore, 1 am not inclined
to consider an appeal for his reinstate
ment."
Therefore, on July 19. as a matter of
record, Mr. Paschal was charged by his
General Manager with violating vour Bul
letin of November 14. 1911. and the Na
tional Law. AND NOTHING MORE.
However, he is now charged by you with
also violating Rule 132.
We claim that the Bulletin issued Nov.
14th, 1911, supersedes and amends Rule
132. inasmuch as it is addressed to En
gineers. Firemen. Conductors and Train
men. and it confers no power on the Con
ductor or any other individual therein, to
arbitrarily decide the question. It is ad
dressed to the members individually, and
specifically and places tlie responsibility
on men individually. If it were addressed
to the Conductor alone, or if it were ad
dressed to all four classes and then speci
fied that the Conductor would be held re
sponsible for seeing that it was carried
out. it would be entirely different. There
is not a line in it that recognizes the Con
ductor's authority to arbitrarily decide
when that time has been reached, and
consequently it seems to us that holding
him responsible for violation on the part
of others is far-fetched and unfair.
We were told by you in conference that
he w’as not charged with violating the
law himself, therefore it is not fair to
now charge him with doing so. We un
derstand he was on the siding with the
switches closed seven minutes before the
sixteen hours was up.
We note what you say relative to the
Georgia R R. equipping its line with tel
ephone system —"Thus the Bulletin in
structions to report to dispatcher could
have been easily eatried out. and his fail
ure to do so is w itbout excuse or reason.”
Under date of F»by. 12th, 1912, the In
terstate Commerce Commission made a
ruling on the "Hours of Service law.”
which reads in part as follows:
"Neither under the act nor under the
ruling of the Commission can a carrier
employ regularly for the purpose of send
ing. receiving or delivering orders affect
ing the movement of trains, a trainman
who has been on duty longer than the
limit fixed for a telegraph or telephone
operator The proviso of tlie law applies
to an operator, train dispatcher or other
employe*, and a trainman w'lto, by the
Rules of the Coinpanj. is required to
send, receive or deliver orders affecting
the movement of trains, in conjunction
with his duties as trainman, would come
within the proviso.”
Therefore, if the above means what
we have excellent reasons to believe it
does, mill the Bulletin of November 14.
1911, means that tlie Conductor is re
quired to tall up the dispatcher and re
ceive orders for his own or any other
train, after having been on dutj the
length of time Mr. I’aschal was on this
date in question, then we are at a loss to
understand how the company was placed
ill the attitude of being mure of a law
breaker and subjecting it to a mure se
vere penalty under the law by his en
gineer going to Lithonia than it would
have been had Mr. Paschal taken orders
over the phone ai Conyers, on the above
date, as is indicated in your communica
tion that he should have done.
1 said that as evidence that others un
derstood your Bulletin of November 14.
1911, as Mr. Paschal did. that many others
had done from time to time just what
Paschal did on this date and il was hard
for a practical railroad man to under-
I «tand how ■' could be done without
| knowleoC" on the part of th* official*
i Yet. m tii'.i g had ever been said to an.'-
one. insofar as the men knew, until Pas
chal and his engineer were discharged.
Furthermore. I told you that a number of
the men ha I told me in person that, until
Paschal was discharged, they understood
the Bulletin as Paschal did, but I did not
urge in .justification of Mr. Paschal's act
that others had committed similar of
fenses. If Paschal complied witlt the rule
literally, he committed no offense, and
therefore needed no argument in Justifica
tion thereof.
We do not understand what you mean
in the last paragraph of your letter of
the 17th, by the words "to restore such
a man to our ranks W'ithout any reason
whatever." Mr. Paschal has spent nearly
twenty years in the service ol the Geor
gia railroad, and if we gre to believe the
statements we hear from those who have
come in contact with Mr. Paschal all these
years, he is a man whose presence will
honor any community. He had a good
record with this company, and ihe reasons
why he is not now' in the service of the
Georgia railroad are so obvious that al
most everyone in the service understands
it, and*it needs no further comments.
Yours truly,
(Signed) T. A. GREGG,
Vice President O. R. C.
GEORGIA RAILROAD.
Augusta. Ga.. September 1.8, 1912.
MR T. A. GREGG,
Vice President Order of Railway Con
ductors,
Albion Hotel, Augusta, Georgia.
Dear Sir:
I have your communication of the 17th
instant, and note therein the direction it
is proposed to give the case of J. T.
Paschal.
The letter really calls for no reply,
except to point out certain inaccuracies
that mar the record.
You are correct in the statement that
at our conference on the 14th instant you
said, "No official could succeed w'ithout
the co-operation of those under him,”
and that I assented to that proposition.
You also at the same conference made the
further statement that unless your re
quest to reinstate Mr. Paschal was com
piled with “there will be trouble for the
Georgia railroad and myself, and that the
men will withhold their support and co
operation. " There were others present
and heard all that transpired, and will
bear out the accuracy of this statement.
Certainly the language quoted conveys a
threat.
As Conductor of the train, and, of
course, controlled by rule 132 as to his
responsibilities, Mr. Paschal in permit
ting his train to run from Conyers to
Lithonia did violate the bulletin instruc
tions and the National law.
The bulletin contained no reference
whatevei to rule 132, therefore his re
sponsibilities under said rule were not re
duced or changed. You could, with the
same soundness, say the bulletin super
seded and amended all other rules in the
book.
The bulletin simply requires that "If a
train is caught without instructions on
main line at any point by the expira
tion of the sixteen-hour period, the crew
will place train in sidetrack, go off duty,
and report action to Dispatcher.” The
bulletin contains nothing whatever about
the conductor receiving orders for his
train or any other train, therefore what
you say is not germane to the subject.
In the discussion at our conference you
gave as one of your reasons for request
ing Mr. Paschal's reinstatement that
others had committed similar offenses
since the issuance of the bulletin and had
not been suspended or dismissed. That
statement was susceptible of but one in
terpretation, viz., that there was justifi
cation_in Mr. Paschal’s act.
There is no room for misunderstanding
my words "to restore such a man to our
ranks without any reason whatever." It
is known by you and others that Mr.
Paschal’s personal character is not being
discussed.
It is gratifying to learn that you now
share in my belief and view, viz... that the
Conductors on the Georgia Railroad are
for law. and you say “order," I say "au
thority." This is indicative of distinct
progress towards disposition of the case.
Many of these men have been associ
ated with me for the past quarter of a
century and we know and understand
each other. T hey know' that in the ad
ministration of discipline my sole pur
pose is to give exact justice to all. and,
to the best of my ability, provide safe
guards and protection in the performance
of their duties. They have every right
to expect this of me and other responsi
ble officers of the Georgia Railroad This
can be accomplished only by eliminating
from our service those who disregard our
rules, instructions and laws bearing on
the safety of operation of trains. I be
lieve the men on the Georgia Railroad
will unhesitatingly sustain me in rny ef
forts in their behalf, in behalf of those
who entrust themselves to our care on
our trains, and will condemn in no un
certain manner any effort to punish their
employer and its patrons because of the
dismissal of one who has disregarded our
rules and the laws of our nation that
were enacted for the safety of himself
and his fellow-beings.
Yours truly,
(Signed) \V. S. BRAND,
Superintendent.
AT HOTEL ALBION.
Augusta. Ga., Sept. 23, 1912.
MR. T K. SCOTT, Genl. Mgr., Georgia
Railroad Co.
MR. W. S. BRAND, Superintendent Geor
gia Railroad Co.
Augusta, Ga.
Dear Sirs:
The General Committee. O. R. C., and
officer representing your Conductors, hav
ing failed in an efiort to secure tlie rein
statement of Conductor J. T. i’aschal,
Mr. Brand was advised bj -Mr. Gregg,
under date of September 16th. Ihal the
General Committee. B. 11. T. and officer
representing your Trainmen and Yard
men would be convened and the case of
Mr. Paschal placed before them and fur
ther conference requested.
The Joint General Committee, O. It- C.
and B. R. T. and officers are now in ses
sion here and the fact develops that the
Trainmen's Committee have been waiting
for some time to secure the assistance ot
an officer of tiiat organization to assist
them in the case of Mr. A. M. Morgan,
who was dismissed from the service April
2nd, 1912.
After going over the two cases care
fully. the above named joint committee
and officers request the reinstatement of
Mr. Paschal and Mr. Morgan to their
former seniority rights and that they be
paid for all time lost.
Will you kindly grant us a conference
tomorrow, at whatever hour it may best
suit your convenience to discuss these
two eases?
Failing to hear from you by six I’. M..
tomorrow. September 24th, we will pre
sume that your position as stated to the
Committee in both cases, remains un
changed anti we will proceed to place the
situation before the men on your line
whom we represent, to secure a vote as
to their further desires.
Yours truly,
(Signed) T. A. GREGG,
Vice President c>. R C.
(Signed) JAMES MURDOCK,
Vice President B. it. T.
GEORGIA RAILROAD.
Augusta. Ga.. September 24. 1912
MR. T A. GREGG.
Vice President <>. R. c.
MR. JAMES Ml RDOCK,
Vico President, B R. T
Albion Hotel. Augusta. Georgia.
Gentlemen:
On rny return to Augusta, about 11
o'clock last night, I received your letter
of September _'3rd. advising that cite
Joint General Committee. <». 11. and
B. H. T., and officers were in session
here, and requesting tlie reinstatement of
Messrs. J. T. i’aschal and A .\l. Morgan
"to their former seniority rights and that
I they lie paid tor all time lust." and also
requesting ihat 1 join you in a conference
today.
In matters pertaining to applications
for reinstatement in our service of those
who have been dismissed therefrom, it
has been our policy to deal mil' with tlie
applicant himself or with the committees
of employees engaged in tlie same class of
•service as the applicant, 'hat is to say,
Locomotive Engineers' t'omniittee repre
sent engineers only: Firemen's Commit
tee. firemen: Conductors' Committee,
conductors: and Trainmen Committee,
trainmen. This is a reasonable and prac
tical way of handling questions of this
kind, and I will have to ask that this
practice be adhered to in these cases.
Messrs. Paschal and Morgan hate been
fully informed as to our position in their
respective cases: and in one case. Hiat
of Mr. I’aschal. I have gone into the mat
ter in detail with Hrs Committee repre-
I stinting him: ne'erthelrss, I w ill be pleaded
lio meet the Committees separate!?, viz .
| the * 'mirlm tors' t 'omipliter accompanied
lip Hie \ ice Presioent of t)»e R. f t"
further consider Mr. Paschal s case, and
i e . v. 1 ainmen s Committee accompanied
by the \ ice President of the B R T ta
discuss Mr Morgan’s case, and name 4:00
1 ' Meridian time) todav at mv
office as the time and place for’the first
meeting—say with the Trainmen’s Com
mittee.
Yours trulv,
’Signedi \V. S. BRAND.
Superintendent.
Following this letter. Mr. Brand, Super
intendent. met. with the Committees Sep
arately on the afternoon of September
-4th. and the results of these meetings
are set forth in the following letters dated
September 25th to Mr. T ,\. Gregg Vic.-
President. O. R. C.. and 26th to Mr. .lame
Murdock. \ ice President. B. R. T.
GEORGIA RAILROAD.
-5 u Fusta. Ga., September 25, 1912
Mb. I . A. GREGG,
Vice President. O. R. C.,
Dear Si/" bi ° n Ho,el- Augusta’, Georgia.
At the close of our conference on yes
terday concerning the case of Mr J T
wn, m ? ou slated that this conference
* a ? "pcasure a re-opening of the
case, and that you would be pleased to
our deri e sion r ‘ te >OU a letter sel,ing f° rtb
„ .i Sre . atl ' regret that our meeting was
advance 1 I Y U ,S - > nd that no rcaß °” waM
n c 1 1° a change of the posi-
tion already taken by me.
staYod hi t S hf.° n K ren^ e y ° u for the flrst time
dY t ‘r* ? Ir Pa ®chal s dismissal was
M. .o tvtH belnK \ Committeeman and
h s activities as such. This allegation is
without foundation, and its fallacy is
demonstrated by the fact that Messrs
John Oliver, L. V. Hatches. .1. p Mc
s'na d ' A ■ b ' Mcl-atighlln. AV. E. ShurJe'
h u S of our wor thy employees and
citizens have served actively as Commit-
SOme "! "? em for years - an< ' are
( th , u £ onJoyrng full confidence and
°f both their employer and those
among whom they live and labor, ami . v
Whom they are known. Ask them if I
have ever treated them unfairly Ask the
{’er Se vv t C L om 2l l,t , ee ' Messrs - A. L. Chan":
X’ ' V - s - Black and .J. A. Scott, who
stand second to none in mv esteem in in
tegrity and honesty, if in even one in
stance they have received unfair treat
ment at my hands. If you please, go
outside of the conductors' ranks and in
terrogate the Engineers' Committee.
Messrs. 1,. S. Davis. J. B. Strauss. G E.
Florence and G. E. Ballard. They are
now. and have been for many years, in
the service of the Georgia Railroad, and
have during their service on the Commit
tee been many times in conference with
me. Ask them if they have been dis
criminated against or in any particular
unfairly treated by me.
The facts upon which Mr. Paschal was
dismissed are admitted by him, and have
been clearly set forth in my correspond
ence with you, and the justice of his dis
missal should be tested by those facts
alone and not obscured bv any allega
tions extraneous to those facts; especially
when such allegations are. as I now dis
tinctly declare them to be, wholly with
out foundation. Yours truly
(Signed) W. S. BRAND.
Superintendent.
GEORGIA RAILROAD. /
Augusta, Ga.. September 26, 1912
MR. .JAMES MURDOCK,
Vice President. B. R. T.,
Albion Hotel, Augusta, Georgia.
Dear Sir:
Mr Scott, General Manager, has re
ferred to me. for handling, the matter of
Ypur request tor reinstatement of Mr. A.
M. Morgan and payment of his lost time.
On the 24th instant I went somewhat
into the details of this case at a con
ference with you and a committee of
Ira inmen representing Mr. Morgan. That
there may be no misunderstanding, I give
below the facts as shown by the records
in my office, which were furnished me
by Mr. Morgan himself.
Mr. Morgan was employed as a flag
man. and ran occasional trips as a con
ductor. in March, 1912, he attended court
at Decatur, DeKalb county, as a wit
ness for the Georgia Railroad. Under
our agreement with Trainmen, he should
be paid his lost time and reimbursed the
amount of his actual expenses. Mr. Mor
gan put In a ticket for his lost time
and expenses. The expense account was
found to be incorrectly made, in that the
Georgia Railroad had been overcharged
Ihe trainmaster returned the statement
J,?, Mr. Morgan, pointing out one error.
I his overcharge was corrected by him
iMorgan) and the statement returned
I he trainmaster returned all the papers to
him a second time, calling his attention
to a second overcharge. This was also
corrected by him (Morgan); and for the
third, fourth and fifth times it was nec
essary for the trainmaster to return the
papers to Mr. Morgan to secure the cor
rection of a third error, an overcharge.
I was disappointed and grieved to learn
tliat so many errors had been made bv
Mr. Morgan in so small and simple an
account, amounting to, originally, onlv JB,
and reduced by him to $5.25.
As stated to you and the committee
while the amount involved is small, the
act itself is significant of characteris
tics that are not compatible with the very
responsible duties of a railroad train -
man. In other words, it indicates that
Mr. Morgan is either inexcusably care
less. possessed of a memory which is de
plorably faulty, or that he was dishon
est. Certainly we can not retain in our
train service those who are careless, or
whose memories are treacherous, or who
arc dishonest. Either cause is sufficient
to and should eliminate him from our
service.
I This case has been a subject of corre
spondence between the committee, Mr.
Scott and myself for a month or more
past, and in all the correspondence the
committee has referred to his offense as.
la ''mistake." yet in our conferences on
' the 24th instant, ft was for the first time
stated that Mr. Morgan's dismissal was
due to his being a committeeman. The
fallacy of this allegation can be easily
demonstrated by interrogating the past
and present members of committees, with
whom 1 have had conferences for the past
nineteen years, and who are still in the
service of the Georgia Railroad, and con
tinue to enjoy the full confidence of
their employer and fellow-citizens. Ask
them if they have been discriminated
against or received unfair treatment from
me.
The facts upon which Mr. Morgan was
dismissed are admitted by him and these
admissions are of record of his own mak
ing on file in- my office, therefore, as I
stated In another case, the justice of his
dismissal should be tested by those facts
alone and not obscured by any allega
tions extranemis to those facts; especially
when such allegations are. a si now dis
tinctly declare them to be, wholly without
foundation.
It is needless to say that it is dis
agreeable for me to put into writing these
facts, but, as you propose "to place
the entire situation before the men ’ on
our line. I feel that, in justice to them,
to the Georgia Railroad and to myself,
they should be fully informed of the
cause of Mr. Morgan's dismissal. Yours
truly.
(Signed) W S. BRAND.
Superintendent.
Augusta, Ga.. Sept. 26. 1912.
MR W. S. BRAND. Supt.,
Georgia Railroad,
Augusta, Ga
Dear Sir:
Herewith I acknowledge receipt of your
letter of even date in further reference
io Mr. A. M. Morgan's case, and I note
that the general manager has referred it
to y ou for handling.
All that you have stated in your let
ter has been carefully noted and given
the consideration which it deserves.
I note that you have sent copy of the
letter to Mr. I’ H. Paschal and to Mr.
C. N. Jones. You evidently overlooked,
however, sending a copy to the chairman
I of the Trainmen's General committee on
' the Georgia Railroad. Mr. E. .1. Hicks.
Prior to the receipt of your letter at
1:25 p. m.. today, all of the facts in, con
nection with the cases of Mr. Paschal
and Mr. Morgan had been prepared in the
proper form to be printed and submitted
to the men on your line.
As soon as the joint committees of th<-
Conductors’ and Trainmen's organizations
have secured the vole of the men em
ployed in train and yard service on the
Georgia Radroad. you w ill be advised of
the result, and I might add tltpt. the
vote will be secured as promtply as pos
sible on account of the fact that al
ready too much time has been taken,
in the opinion of the committee, to con
sider these ma'ters. I remain very truly
j' (Signed> I AMES Ml RDOCK.
Vice President B of it. T
( Advt.)