Newspaper Page Text
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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
Re instatement 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.
Vice 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. r K SCOTT. Genl Mgi
Georgia Kailroad Company.
Augusta, Ga
1 >r a r Sir:
On June sth, of tills \ear. Conductor
J. T. Paschal, who had been with your
Company for nearly twenty years about
five years as Flagman and 14 years as
Conductor—was dismissed from the serv
ice because his engineer remained on duly
more than sixteen hours from the time
he first reported for duty hi Augusta
shops until he got his train on the sid
ing and the engine in shape to he left
without a Watchman at Lithonia, on
May 19th. 1912
Your Conductor.s, believing an injustice
has been done Mr Paschal. Instructed
their committee to take his case up with
the proper officials and request his rein
statement This was done, hut 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 vour Con
ductors. that Mr Paschal was unjustly
denied the right to continue to earn his
daily bread in the capacity of Conductor
for your Company
Therefore, we request that he be rein
stated to his former seniority rights as
Conductor, and that he be paid fur all
time lost.
The undersigned, accompanied by the
General Committee. C> 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 al the Albion
Hotel, this Cic and thanking you for an
early reply. 1 am.
Yours very truly.
tSigned t T. A. GREGG.
Vice President O. It. C
GEORGIA RAILROAD.
Augusta, Georgia. September 12, 11*12
MR. T. A GREGG,
Vice President, Order of Railway Con
ductors,
Albion Hotel. Augusta. Georgia
Dear Sir
Mt Scott. General Manager. Inis re
ferred to me your letter September 10th
asking for conference accompanied by
the General Committee of Railway Con
ductors. to discuss the case of J T. Pas
chal
I shall be pleased to meet the Commit
tee and yourself at 4:00 P M . Eastern
Time. Saturday. September 14th Previ
ous engagements prevent my naming an
earlier date for the meeting
Yours truly.
t Signed i AA S BRAND,
pith Superintendent.
THE ALBION.
Augusta. Ga . Sept 14. 11*12
MR AA S BRAND. Hupt .
Georgia Railroad Company.
Augusta, Ga.
Deal Sil
Your communication naming 4 o'clock
r M . Eastern Time. Saturday. Septem
ber 14th. for conference with the General
Committee **. It C and myself to discuss
the case of Mr .1 T Paschal, has been
receiv ed
AVe will be at your office at the above
named hour
Yours truly.
(Signed* T. A GREGG.
Vice President O. R. C
GEORGIA RAILROAD
Augusta. Georgia. September 16, 1912
MR. T A GREGG.
Vice President. Ordet of Railway Con
ductors.
Albion Hotel. Augusta. Georgia
T’ear Sir
Referring to the case of J T I’asebal.
whose dismissal from th-, service of the
Georgia Railroad wa« discussed at a con
ference held in my office on Saturday aft
ernoon. the 14th m“tant at which confer
ence there were present yourself. Messrs
A. L (’handler. AV S Black and .1. A
Scott, representing Mr Paschal. and Mr
.1. R Laird. Traveling Conductor, and my
self. also Mr Norris, of my office staff
You are doubtless familiar with the
"Hours of Service" law. passed by the
National Congress in March. 1907. the ob
ject and purposes of which are set forth
hi its title. viz . “An A< t t<» promote the
Hafetx <»f employees and travelers upon
railroad* dy limiting the hours of service
of employees thereon
A cop> of this Act wa s posted the
bullet it. boards prior to its effective date,
that all interested in.gh’. be
Informed of its terms, etc and <»n No
vember 14th. 1911. the follow ng bulletin
vas sutued, over my signature and ha!
dressed tn Engineers. Firemen <’»»n
--0 ivtors and Trainmen
•’To comply with the Hours <»i S»ivi<e
Eaw. the period of duty bouki b. <om
puled from the lime the etnp; •>*? ua!
Iv goes on duty to the time he is relies eu
of his engine or train If .< train is
taught without instruction* on main line
at any point by the »xi»iratiun of the it*
hour period the crew will place train in
sidetrack, g" off duty anti repor t .o'ion
»4» Dispatcher
Georgia Railroad Rule No. 13?, uniu.
was *n effect at the t me Mr I’as* Hal's
offense was committed hears directly on
the case. For convenience I quoit- it:
‘The general dir'- : o»n and government
of a train, from th* '-me of receiving it
passengers or freight until ns arrival at
Its destination, is vested in the conductor
is held rr-p-»n n»lr f.» its and
conduct, and all n•* employed <o
tra'r arc i.< n
e to * -»er
in charge, as conductor, of a westbound
I freight train destined io Atlanta, and at
> ("ovington <a station 130 miles* distant
from Augusta i he learned direct from the
engineer of his train the exact time that
ibis ithe engineer's* 16-hour period on
; duty under the law would expire. The
‘ train proceeded to Conyers ta station 140
miles distant from Augusta*, where It re-
I mained for some time awaiting the ar
, rival of an opposing eastbound train. On
I arrival of this eastbound train at Con
| vers, the westbound train, in charge of
Mt Paschal, departed for the next sta
! lion, Lithonia, without sufficient time to
I make tlie run to that station at the speed
lim.t prescribed by the Rules and clear
the main line before the expiration of the
• 16-hour period of duty of the engineer.
Mr I’asebal admits these facts ami has
' not given a satisfactory explanation of Ills
I failure to observe the law and my spe
■ lai instructions relating thereto lie also
knows that under Rule 132 "he Is held re
sponsible for the safe and proper conduct
of the train, and that all men employed
on tl*e train arc required to yield a will
ing obedience to bls proper orders ''
The Georgia Railroad has equipped its
line with a telephone system, and each
conductor, including Mr Paschal was pro
i vlded with a telephone set, that they may
i lie able to promptly and conveniently get
in communication with the Dispatchers,
I 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 lake matters In his own hands, de
fying our instructions and the law, thus
putting the Georgia Railroad in the atti
tude of h law-breaker and subjecting it to
severe penalties under the law
The Georgia Railroad is being asked to
reinstale Mr. Paschal and allow hint lost
lime, 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 wHI withhold their
support and co-operation, and that with
out those I 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 his safety and
the safety of his fellow employees, the
passengers who entrust themselves to our
care and sot the protection of valuable
property, and in further effort to accom
plish your ends you make a threat that
our collductors will "give, us trouble" an.l
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 essentia',
io their comfort and success. I repeat
with emphasis what I said, in effect, at
the conference, viz.: that the conductors
employed on the Georgia Railroad are for
law ami authority, and that I can not ami
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 ait assurance of
willingness to obey the rules."
You also urge in justification of Mr.
Paschal s act thai others have committed
similar offenses since the Issuance of the
bulletin quoted in this letter and they
had 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
'hat 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 ami other kindred horrors. As the
responsibh 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 that they expect me to pro
vide Yours truly,
'Signed* AV. 8 BRAND.
Superintendent
THE ALBION.
Augusta, Ga.. Sept. 16, 11*12.
MR AA S BRAND. Supt .
Georgia Railroad Company,
Augusta. Ga
Dear Sir September 10. I addressed
i a letter to Mt T K. Scott, general mana
tee of tin* Georgia railroad, tequesting
j the reinstatement of Conductor .1. T.
i Paschal to his former rights as conduc
tor. ami that he be paid for all lime lost,
and asked Mr Scott to give conference
to the undersigned and general committee
it R C representing his conductors, to
discuss this matte*
< 'n September 12. not having heard from
him. 1 wired him at Atlanta calling hir
attention to my lette* 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 amt 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 tltat I had not received reply
to either communication sent him. that
we had heard from you. but as we bad
taken the matter up with him as general
manager ot his company, we were entitled
to know from htm 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 ai the confer
ence on Saturday. 14th, in answer to a
direct question front me. you stated to
us that you had authority to settle tills
matter However, after reading tour com
municatlon of today, we find that you re
: view some of ti e arguments you pre
sented on Saturday, and do not fairly
I state some of the statements made by me.
I but you do not say in your coniniunica
i tlon whether or not you will reinstate
Conductor Paschal and nay him for all
time lost.
AA hen you lane done a,*, we are pre
pared to answer your * ■■mmiin ica t ion ami
advise you whether ot not we ate will
ing to accept your decision
•t rusting that we max get this decision
at vour earliest possible convenience. I
lam yours vary truly.
■Signed* "|" \ GREGG.
A tee President <*. P C
GEORGIA RAILROAD
Augusta Ga September I*., Ist
i.AlK I A GREG*;.
A’lce Pre- >■* ■ ordet Ilf Railwae *".in
ductors.
Albion Hotel. Augusta. Georgia
I Dear Sir.
1 am tn receipt of vour tenet Septent
ber 1«tli. in wlilcb you ask whether or
not I will reinstate Conductor .1 T Pas
j chat and pay litm for all time lost, and
I state that upon receipt cf this informs
|tion vou will Iw prepare.: to answer my
I communication of this date and advise
I me whether or not you »’•' willing io ac
i ■ *'pt me decision
Thus fat tm umi reason ,*- been
■g d to ni-'if •• e m entertaining our
I request f. > reinstating Mr Paschal and
pa- * mi tor all time 1-- Yours irul'
*signe*l) \a •"■ brand.
I Superintendent
THEATLANTA GEOKGIAN AND NEWS. TUESDAY. OCJOBEK 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 tn the service of the Georgia Railroad
will withdraw from that set vice, and that, notwithstanding the efforts of
the railroad management to fill these places, the public will be seriously
embarrassed, I feel that it is due to the public to make known to them all
the facts, that 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 the goveijbment of employees of
the transportation department of the Georgia Railroad occurs the language
following: "To enter or tamain In the service !• an assurance of willing
ness to obey the titles." Rule 132 of those rules reads as follows: "The
genetai direction and government of a train, front the time of receiving its
passengers or freight until its arrival at its destination, is vested in the
conductor. He is held responsible for its safe and proper conduct, and all
men employed on the train are tequired to yield a willing obedience to his
proper orders.” In 1907 the * ongtess of the United States enacted a law.
the purpose and objects of which are set forth in its title, viz.. "AN A<'T
TO PROMOTE THE SAFETY OF EMPLOYEES AND TRAVELERS UP
ON" RAILROADS BA' LIMITING THE HOURS OF SERVICE OF EMPLOY
EES THEREON." 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 let ins. 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 hours* "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) he learned direct from the engineer of
his train the exact time that his (the engineer’s* and firemans 16-hour
period of duty under the law would expire. The train proceeded to Con
yers (a station 14u miles distant from Augusta*, where it remained for
some time awaiting the arrival of an opposing eastbound train. On arrival
of tills 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 tltat 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. The
Georgia Railroad, in its anxiety to expedite the movement of its trains, and
otherwise afford easy and prompt communicatien. has equipped its main
line and Macon branch with a telephone system, and has provided each
conductor. Including Mi Paschal, with a portable equipment to enable them
to communicate witfiin a few minutes directly with the dispatchers. The
engineer and the conductor (Mr. Paschal) were, for this offense, dismissed
from the service, and tlie Georgia Railroad Is now confronted by' a" demand
from the Older 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 thai 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 tailed, though empowered so to do and
with 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 FQR HIMSELF,
HIS FELLOW EMPLOYEES in the 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 required by the law,
and the discipline imposed was also made know'n to the commission as
an evidence of the Georgia Railroad's earnest desire to comply with the
provisions of the act. and the commission, in 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 Georgia Railroad is also confronted with a demand made by the
Brotherhood of Railway Trainmen for the reinstatement to its service of
Mt". A. M. Morgan as flagman, and for the payment to him of full wages
from lite date of his dismissal. April 3, 1912. Under its agreement, the
Georgia Railroad undertakes to reimburse its employees, while attending
court a< 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
wlterein the railroad was defendant. In accordance with the usual practice,
Mt. 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 Geotgia Railroad had been overcharged. The state
ment was returned to Mt. 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 w hich are incompatible with 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 lie 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, ate 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 that prerogative by the officers of the Georgia 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 ate restoied to their former positions with full compensation for
the period elapsed since their dismissal the members of these organizations
heretofore employed by the Geotgia Railroad wilt withdraw from its service,
thereby impairing its ability io provide the transportation service so indis
pensable to the public comfort. While the management of the Georgia
Railroad feels in all sincerity that its course in this matter is just and
right. It recognizes the fact that parties to h controversy may err honestly
in their views, and has. therefore, i eported the situation to the officials
designated by another act of congress, to mediate between the parties in
sm It ctses and ha« requested their good offices. The correspondence
between tin superintendent of the Geotgia Railroad and the vice presidents
of the Order of Railway t'onductors and Brotherhood of Railway Trainmen
is published herewith. w g BRAND.
Superintendent Georgia Railroad.
THE ALBION HOTEL.
Augusta. Ga . Sept 16. I"1-
Mli \\ S HR AND
Supt. Geotgia Railroad.
Augusta. Ga
Deal Su
During mj expenemt n ■lealiug with
railroad officials throughout (lie country.
I have met many men who did not agree
witlt me notwithstanding the fact that it
was afterwards decided that arguments 1
had offered ami reasons given were good,
us to why a matter of grievance should
be adjusted: but 1 never have until now
met an official who was vested with au
thority to make a decision and tried to
dodge the responsibility of doing so
Your statement that no sound reason
has been urged io justify you in enter
taining our requests f->r reinstatement of
t'omlm tot Paschal and pay him for alltime
lost appears to be no reason why you
should fail or refuse tn make a decision
one w I* or the other when urged to
<io so
A ou have heard our argument, (nd it is I
fr>* tou to decide whether you think :t * ,
goo.l oi bad. and what I now desire to I
know is ate you willing to reinstate Mr.
I’aselial io itis former position as con
ductor. ami pay him for all time lost?
Yours very truly.
* Signed I T. A GREGG,
Vice President (* R. <■
GEORGIA RAILROAD.
Augusta, Ga Sept. 17. I**l2
MR '!' A GREGG.
A me President. Order of Kallwa* ('on
ductors.
Albmn Hotel. Augusta. Ga
I I *ea r St*
Your letter of September 16th was de
livered to me this morning by Messrs.
Chandler and Bia* k
There is nothing n my correspondence
to Indicate a disposition to dodge any
thing
I reiterate that thus far no sound reason
ha* been urge-1 to justify me in enter
taining your request for reinstating Mr
Pascral ami nay him for al! time lost.
Under our rules with which Mr. Pas
! • hal Is full' conversant, ths respon: ibihty
I for the at,- and propet , nndtiei of out
|'ra*ns o'er the road rests with the con-
ductor. Mr. Paschal himself admits that
his train was run. and that be 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 Ithe 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,
(Signed) W. 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
which 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.
We 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
I rainmen are federated on this system, we
have decided, first to convene the federated
committee and lay' our case before th%t
committee. As soon as an officer of that
organization and committee has convened,
W'e 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 I advised you that as soon as we
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 I am quoted in
correctly. and I wish to call your atten
tion to these statements and will correct
them.
1 said that no official could succeed
without the co-operation and support ot
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 I did
not believe you would claim that you
were an exception. Your answer to this
statement was—That “You are right, and
if I felt that I did not have the support
of my Conductors, I 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. Paschals 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. Pascltal 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 .vour bulle
tin dated November 24, 1911, to the letter.
Mr. Scott, General Manager, W'rote to
Mr. A. L. Chandler. Vice 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 the 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 your 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 the responsibility
on men Individually. If it were addressed
to the Conductor alone, or if it were ad
dressed to all tour 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 lias 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 was not charged with violating the
law himself, therefore it is not fair to
now charge hint 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 carried out, and Itis fail
ure to do so is w ithout excuse or reason."
Under date of Feby. 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 ait nor under the
ruling of the Commission ■ an a carrier
employ regularly for the purpose of send
ing. receiving or delivering orders affect
ing the movement of trains, a trainman
who lias been on duty longer titan the
limit fixed for a telegraph or telephone
operator The proviso of the law applies
to an operator, train dispatcher or other
employee, and a trainman who. b( the
Rules of the Company, is required to
send, receive or deliver orders affecting
the movement of trains, in < onjiuictfon
with tils duties as trainman, would come
within the proviso "
Therefore. If the above means what
we have excellent reasons to believe il
does, and the Bulletin of November 14.
1911. means that the Conductor is re-
I quire*! to call up the dispatcher and re
I eetve oriiers for his own or any other
train, after having been on duty the
(length of time Mr. Paschal was on this
date in question, then we are at a loss to
• understand bow the company was placed
' *n the attitude of being more of a law-
I breaker and subjecting It to a more se-
* vere penalty under the law by his en
gineer going to Lithonia than ft would
have been had Mr Paschal taken orders
over the phone at I'onyers. on the above
I 'late, as is indicated in your communica
tion that he should have done.
I I said that as evidence that others un
derstood vour Bulletin of November 14,
1911. as Mr Paschal did. that man.' others
i had *j( no from time to time just what
Pas* hal did **n this date, and it was hard
i f or a practical railroad man to unrier-
I -*tand bow * < ottbl be done without
(knowledge . ii the part of the officials
I Yet. nothing had ever been said to any-
one, insofar as the men knew, until Pas
chal and his engineer were discharged.
Furthermore, I told you that a number of
the men had 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 with 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 without any reason
whatever." Mr. Paschal lias spent nearly
twenty years in the service ot the Geor
gia railroad, and if we are to believe the
statements we hear from those who have
come in contact with Mr. Paschal all these
years, he is a matt whose presence will
honor any community. He had a good
record with this company, and the 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 T. A. GREGG.
Vice President O. R. C.
GEORGIA RAILROAD.
Augusta. Ga., September 18. 1912.
MR. T. A. GREGG.
A ice President Order of Railway Con
ductors,
Albion Hotel, Augusta. Georgia.
Dear Str:
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 without
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
plied 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 tn permit
ting his train to run front Conyers to
Lithonia did violate the bulletin Instruc
tions and the National law.
The bulletin contained no reference
whatever 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 justifl
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." ft
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," 1 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. They 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 ptX'tection 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 my 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 lias disregarded our
rules and the laws of our nation that
were, enacted for the safety of himself
and his fellow-beings
Yours trulv,
* Signed) W. S. BRAND,
Superintendent.
AT HOTEL ALBION.
Augusta. Ga.. Sept. 23, 1912.
-MR. T K. SCOTT, Genl. Mgr , Georgia
Railroad Co.
MR. \V 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 effort to secure the rein
statement of Conductor .1. 'I". Pascltal,
Mr. Brand was advised by Mr. Gregg,
under date of September 16th, that the
General Committee, B. R. T. and officer
representing your Trainmen and Yard
men would be convened and the ease of
Mr. Paschal placed before them and fur
ther conference requested.
The Joint General Committee, O. R. 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 of
an officer of that 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
full*', the above named joint committee
and officers request the reinstatement of
Mr. Pascltal 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 cases?
hailing to hear from you by six P M.,
tomorrow. September 24th. we will pre
sume that your position as stated to the
Committee in both cases, remains un
changed and 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 O. R. C.
(Signed* JAMES MURDOCK,
Vice President B. R. T.
GEORGIA RAILROAD.
Augusta, Ga.. September 24. 1912
MR. T. \. GREGG.
Vice President (>. it. C.
MR. JAMES MURDOCK,
Vice President. B. R. T
\lbion Hotel. Augusta. Georgia
Gentlemen:
On my return to Augusta, about 11
o’clock last night. I received your letter
of September _:".td, advising tltat the
Joint General Committee. ** 11. C. and
B. R. T.. and officers were in session
here, and requesting the reinstatement of
Messrs. .1 ’I", Paschal ami A. M. Morgan
""to their former seniority rights and that
the) be paid for all time lost," and also
requesting that I join you in a conference
today.
In matters pertaining to applications
for t•■instatemeni tn our service of those
who have been dismissed therefrom, it
lias been our poilc* to *l»al <*nl> with the
applicant himself or witlt the committees
of employees engaged in the same class of
service as the applicant, hat is to say.
Locomotive Engineers Committee 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 aek that this
practice be adhered to in these ■ ases
Messrs Paschal and Morgan hiive been
full* informed as to our position in their
respective eases: and in one ease, that
of Mr. Paschal. I have gone Into the mat
■ ter in detail with the Committee repre
senting him: nrverthelrs I will be pleaded
to meet the Committees separate!: \iz .
the ("ondu* tors' Committ- c a* ’ompaniCil
!•■ the Viet. President of the **. R C. :•*
furthe'r consider Mr. Paschal s case, and
the Trainmen s Committee accompanied
by the Vice President of the B. R. T. to
discuss Mr Morgan s case, and name 4 90
P- m. i <»th Meridian time) today at mv
office as the time and place for the first
meeting say with the Trainmen's Com
mittee.
Yours trulv.
'Signed) W. S. BRAND,
Superintendent.
Following tills letter, Mr. Brand, Super
intendent, met, with the Committees Sep
arately **n the afternoon of September
util, and the results of these meeting
are set forth in the following letters dated
September 25th to Mr T. A. Gregg Vic-
President, O. R. C.. and 26th to Mr Jamc-
Murdock. A ice President. B. R. T
GEORGIA RAILROAD.
Augusta. Ga., September 25, 1912
MR. 1. .A. GREGG.
Vice President. O. R. C.,
Albion Hotel, Augusta, Georgia
Dear Str:
At the close of our conference on yes
terday concerning the case of Mr J T
Paschal, you stated that this conference
was in a measure a re-opening of •
case, and that you would be pleased to
have me write you a letter setting forth
our decision. i«(*n
I greatly regret that our meeting was
w thout results, and that no reason was
advanced to justify a change of the posi
tion already taken by me. P
- V l h 's conference you for the first time
stated that Mr. Paschal's dismissal was
due to his being a Committeeman and
his activities as such. This allegation is
without foundation, and its fallacy is
demonstrated by the fact that Messrs
John Oliver, L. V. Matcher, J. p Me
Cord. C. L. McLaughlin, W. E. Sliurlev
and others of our worthy employees and
citizens have served actively as Commit
teemen, some of them for vears, and arc
still with us enjoying full confidence and
respect of both their employer and those
among whom they live and labor, and bv
whom they are known. Ask them if '[
have ever treated them unfairly. Ask the
present Committee, Messrs. A. L. Chand-
e s r ' ? ’ S ' B lac ' ! »nd I A. Scoft. who
stand second to none in my 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. L. 8. Davis, J. B. Strauss, G E
l lorence and G. E. Ballard. They are
now, and have been for many years, in
the service or 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 haw
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 by 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
your request for reinstatement of Mr. A
M. Morgan and payment of his lost time.
• ? n A he ? 4th 'bstant I went somewhat
into the details of this case at a con
ference with you and a committee of
Trainmen 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 a» a Rag
man, and ran occasional trips as a con
ductor In Jdarch, 1.912, he attended court
at Decatur, DeKalb county, as a wit
ness for the Georgia Railroad. Undei
our agreement with Trainmen, he shoulc
be paid his lost time and reimbursed th«
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
she trainmaster returned the statement
to Mr. Morgan, pointing out one error
This overcharge was corrected bv hin
(Morgan) 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 wae 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 lean
. s .° man y errors had been made by
Mr. Morgan in so small and simple an
account, amounting to, originally, only $8
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 out
tram service those who are careless, or
whose memories are treacherous, or wh*
are dishonest. Either cause is sufficient
to and should eliminate him from out
service.
This case has been a subject of corre
spondence between the committee. Mr
I Scott and myself for a month or more
past, and in all the correspondence the
i committee has referred to his offense as
I a "mistake."' yet in our conferences on
the 24th instant, it was for the first tint*
stated that Mr. Morgan's dismissal wa
(lue to his being a committeeman. Tbe
fallacy of this allegation can be easily
demonstrated by interrogating the -past
and present members of committees, witl
whom I have had conferences for the past
nineteen years, and who are still in th*-
service of the Georgia Railroad, and con
tinue to enjoy the full confidence ot
their employer and fellow-citizens. As!,
them if they have been discriminated
against or received unfair treatment from
me.
The facts upon which Mr. Morgan wa*
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 hi'
dismissal should be tested by those facts
alone and not obscured by any allega
tions extraneous to those facts: especially
when such allegations are, a si now dis
tinctly declare them to be, wholly w-ithout
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. Your s
truly.
iSignedl XV. S. BRAND.
Superintendent
Augusta, Ga.. Sept. 26, 1912.
MR \V. S. BRAND. Supt..
Georgia Railroad,
Augusta, Ga.
Dear Sir:
Herewith 1 acknowledge receipt of your
letter of even da e in further reference
to Mr. A M. Morgan's case, and I note
that the genera! manager has referred it
to you for handling.
All that you l ate stated in your let
ter las been carefully noted and given
the consiileration which it deserves
l note that you have sent copy of the
lette* *j> \ir. I' 11. i’asebal ami to -Mr
('. N. Jones. You evidently overlooked.
H owever, sending a copy to the chairman
I of tlie Trainmen’s General committee on
the Georgia Railroad, Mr. E. J. Hicks
Prior to Hie receipt of your letter at
1:25 i*. nt., today, all of the facts in con
nection with tiie cases of Mt Pascltal
and Mi 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 the
''inductors’ ami Trainmen's organizations
have secured the vote of the men em
ployed in train ami yard service on the
Georgia Railroad, you w'll be advised of
the result, and 1 might add tha* the
vole will bo secured as promtply as pos
sible on account of the fact that al
i-catly too mu ■!■ time has been taken.
tn tin opinion of the committee. *o eon
| sitler tlie; r matters I remain very truly
i y ours.
I (Slgtm.li I AMES Ml RD* »CK
Arne PreVdent R r*f R I
(Advt •