Newspaper Page Text
8
Correspondence Between the Georgia Railroad and O. R. C. and B. R. T.
Copies of Correspondence
Bet ween
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
Cop'es of Correspondence
r r-
Between
W. S. BRAND,
Superintendent. Georgia Railroad.
And
JAMES MURDOCK.
Vice President.
Brotherhood of Railway Trainmen.
Reiatmg 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
Pear Sit
t’n -lune .Mh, of this year. Conductor
J T Paschal, who had been with your
Company for nearly twenty tears about
five years as Flagman and 14 years as
Conductor- was dismissed 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 aid
ing and the engine in shape to be left
without a Watchman at Lithonia, on
May 19th. 1912
Your Conductors, believing an injustio
has been done M> Paschal, instructed
their committee to take Ids case up with
the proper officials and request his rein
statement This was done, but tlie re
instatement of .Mr Paschal was promptly
refused.
The case 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 content ions of your Con
ductors, that Mr Paschal was unjustly
denied the right to continue to earn Ins
dally 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 for all
time lost.
The undersigned, accompanied by >he
General Committee. <_> Ft. C . representing
your Conductors, would be glad 10 have
a conference with you to discuss the
above referred to subject at your earliest
possible convenience
1 will await your answer at the Albion
Hotel, this City, and thanking you lor an
early reply I am.
Yours very truly.
(Signedi T A GREGG.
A fee President t> Its
GEORGIA RAILROAD.
Augusta. Georgia. September 12, 1912
MR. T A GREGG.
Vice President, Order of Railway Con
ductors.
Albion Hotel. Augusta. Georgia.
Dear Sir:
Mr. Scott. General Manager, lias re
ferred to me your letter September loth
asking for conference accompanied by
the General Committee of Railway Con
ductors, to discuss the case of .1 T Pas
chal.
I shall be pleased to meet the Commit
tee and yourself at 4:00 I' M . Eastern
Time. Saturday . September I4tli Prevl
ous engagements prevent my naming an
earlier date for the meeting
Yours truly.
(Signed) AA S BRAND.
ISth Superintendent
THE ALBION.
Augusta, Ga . Sept 14. 1912.
MR. AA S BRANI'. Supt .
Georgia Railroad Company.
Augusta, Ga.
Dear Su
A’our communication naming 4 o clock
F M . Eastern Time. Saturday . Septem
ber 14th for conference with the General
Committee (.* R C and myself to discuss
the case of Mr I T Paschal, has been
received
We will be al your office al the above
name*l hour
Yours truly.
(Signed) T. A GREGG.
Vice President O. R C
GEORGIA RAILROAD. I
Augusta. Georgia, September 16. 1912
MR. T A GREGG.
Vice President. Order of Railway Con
ductors.
Albion Hotel. Augusta. Georgia
1 *ear Sir:
Referring i 1 the case of -I T Paschal,
whose dismissal from the service of ,thc
Georgia Railroad was discussed at a con
ference held in my offi e on Saturday aft
ernoon. the 14tb. instant, nt which confer
ence there were i.i-. sen yourself Messrs
A I. (N'iandler AA S Black and .1. A
Scott, representing Mt Pas, hal. and Mr
.1 B Laird. Traveling Conductor, ami my
self. also Mr Norris, of my office staff
Ton are doubtless familiar will) the
“Hours of Service' law passed by Hie
National Congress in March. 190>. the ob
ject and purposes of which are sei forth
in its title. vz "An Act to promote the
safety >f employees and travelers upon
railroads by in "ins ti e hours of service
of employ ees thereon
A copy of th s Act was posted on the
bulletin hoards t- >r to iis eff. . tiv. date,
that ■ esied employees might be
■'
*
diessed ! nfcr t-eei*• uhhi <\»u
-<l' it-tqrs ald . 1 i a Hiu • i
’‘To oomph v ih'Uis >• I\ k v
Daw, the pet ->i t <!".*> - • •uld be u<»m
ptlied from *h< •- U;p en. i-lox auiua.
ly goes on duty to :l.- tim. he h relieve*
of his engine <•’ ' ' •’ ■* tram
caught without nstnn ' ioi > < n main lim
nt any point by the •> • »•> ‘ .-»n of the !•»
hour pe* the <j• -w w ill place train it
sidetrack. go off <lu’> and report a<*tk»r
«o Dispatcher
Georgia Railroad lliih No whh i
was in > ft* ■ ’ ai. • ».« ’ ’in- Mi r.t>
offense w •>- • inn ,’i . bears direuih of
the caae For convenience I quote it:
’The general dir* • ion and government
of a train. f””i il » ?n< of receiving its
l>assengers or freign'. until ,is arrival a'
jk. its destination, >- vesu .j n the conductor
h» r C"! ■■ oblf anr
HhlUv
m charge. a# <on<; i*»r, of a westbourn
’freight train destined to Atlanta, and at
Covington <a station 130 miles distant
from Augusta) he learned direct front the
I engineer « f his train the exact time that
• h.s <the engineers) 16-hour period on
I duty under the law would expire. The;
train proceeded to Conyers (a station 140 j
•miles distan' from \ugtisiat, where it re- I
| mained for some time awaiting the ar
rival of an opposing east bound train. On
| arrival of this eastbound train at Cou-
I yers, the westbound train, in charge of
IMr Paschal, departed for the next sta-
i tion, Lithonia, without sufficient time to
I make the run to that station at the speed
I limit prescribed by the Rules anil clear
| the main line before the expiration of the
” hour pei oil of duty of the engineer.
Mr Paschal admits these facts and has
| not given a satisfactory explanation of his
I failure to observe the law and my spe
cial instructions relating thereto. He also
knows that under Rule 132 "he Is held re
sponsible for the safe, and propel conduct
of the train, and that all men employed
on the train ate required to yield a wiir
ittg 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
lie able to promptly and conveniently get
in communication with the Dispatchers,
ihus 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 premedltat
eilly lake matters In bls 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 io
reinstate Mr Paschal and allow hint lost
time, and this request is accompanied by
a threat that unless it Is. complied with
"there will he 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. I could not succeed. In short,
you are upholding Paschal In Ills disre
gard of my instructions and the law, both
of which were designed for his safety and
the safety of Ills 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,
ihus not only crippling the Georgia Rail
road but our patrons as well, in that they
would not receive the service so essential
io their comfort and success. 1 repeat
with emphasis what I said, in effect, at
ihe conference, viz. that the conductors
employed on the Georgia Railroad are for
law and authority , and that I can no! and
do not believe that they would be parties
Io such indefensible and unworthy prac
tices. and that they would not dlsre
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 others have committed
similar offenses sin> e the Issuance of the
bulletin quoii <1 in this letter and they
had not been uspendeil or dismissed. A
breach of the laws of morals or of dis
cipline is nol modified in degree by its
detection or non-deteciion An offense of
Hint sort Is still an offense if il 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 Ihe!
responsible head of the Transportation
Department. I shall continue to adminis
ter such discipline as in my judgment
works no Iniustiie to the offender and
affords the protection to our employees
and patrons that they expect me to pro
vide, l ours truly,
'Signed, AA' S BRAND.
Superintendent.
-
THE ALBION.
Augusta. Ga . Sep! Iti. 1912.
•All: AA S BRAND, Supt.
Georgia Railroad Company.
Augusta. Ga.
Dear Sir . .September 10. I addressed
a letter to Mr T 1< Scott, general mana
ger of the Georgia railroad, requesting
i ihe reinstatement of Conductor .1. T.
| Paschal to his former rights as conduc
tor. and that he he paid for all time lost,
and asked Mr. Scott to give conference
li> the undersigned and general committee
o. R. c representing his conductors, to
discuss this matter
On September 12 not having heat,! from
him, I wired him at Atlanta culling hlf
attention to my letter of the 10th. and
advising him that 1 bad received no re
ply.
On September 13 I received a letter from
vou Stating that you would meet the
committee and myself at I o'clock p. m.,
Eastern time. Saturday, September 14.
to discuss this matter.
Not having heard from Mr. Scott. I
again wired him on the 13tli instant, tell
ing him thai I had not received reply
to either communication sent him; that
we had heard from you. but as we had
taken ihe matter up with him as general
manager ot his company . we w ere entitled
' to know front him who had been author
ized to dispose of the case at issue, and
on the morning of the 14th 1 received a
message from Mr Scott to the effect that
you would meet us
AA'hen wo tiist 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
- mattet However, after reading your coin-
■ i munication of today , we find that vou re
' view some of the arguments you pre-
ii settled on Saturday, nnd do not fairly
late some of the statements made by me.
i I but you do not say in your conimutiica-
■ I Hon Whether or m>t vou will reinstate
Conductor Paschal and pax him for all
, lima lost
AA’hen you have done se. we are pre
, paled to answer your communication and
advise you whetlie! or not we are will
, Ing to hi , opt your decision
Trusiing that we may get th’s decision
at yout earliest possible < ouvenience. I
am. yours very truly.
~ (Signedi T A GREGG,
A lee Presidenl o R c
GEORGIA RAILROAD
Augi.s a. (la September 16 1912
', MR T A GREGG.
A. , Presli ■ i i 'rdet of Railwai <’on
duiinrs
Albion lime;. Augi >ta. Georgia
I I am il receipt of yout letter Septem
l iiei ISth it; w ich you ask whether or
1; a I will reinstate Conductor J T Pas
n | chai and pay him for all time lost, ami
I state that upon receipt cf this informa
11ton you will be prepared to answer mi
i ,>mn.’ina a• .<•!; of this date an*i advise
‘me when-,er or not v,iu ate will.ng to ac
j eopt my decision
IT: 1 . far to, nd r> asui a- licon
g n sffitertainlng
■ : .o'l,- f..! rcins'a: ing 'lt Pas, hal and
i'.i »n I'H all litDc i<v<i > t»ur« trulv
. w ri: \ nd
>up€» mieii'Jeht
THE 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 sei-vice of the Georgia Railroad
a\ ill w ithdraw from that service, and that, notwithstanding the efforts ot
the railroad management to All these places, the public wH! be seriously
embarrassed, J 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 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 the rules." Rule 132 of those rules reads as follows: "The
geneial direction and government of a train, from 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 required to yield a willing obedience to his
proper ordets." In 1907 the congress of the' United States enacted a law,
the purpose and objects of which ate 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 OB’ 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 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 insti actions provided that at tiie 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 ehaige. as conductor,
of a westbound freight train destined to Atlanta, and at Covington (a station
130 miles distant frmn Augusta) 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 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 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
• f tlie 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, lints 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 communication, has equipped its main
line and Macon branch with a telephone system, and has provided each
conductor', including Mi Paschal, with a pottable equipment to enable them
to communicate within a few minutes directly with the dispatchers. The
engineer and the conductor (Mr Paschal) were, for this offense, dismissed
frmn the set vice, and the Georgia Railroad Is now confronted by a demand
from the ordet of Railway Conductors to reinstate Mr. Paschal in tlie 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 sot its superintendent.” In 'brief, the demand is made upon
tlie Georgia Railroad that it shall reinstate in the responsible position of
conductor one who has admittedly failed, though empotvered 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 FOR 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 tlie Interstate Commerce Commission, as required 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 tlie 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 tha|
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 tvlio
knowingly and w illfully violate the rules and the law be eliminated from
railroad train service. Otherwise the hazard to those who are employed
and THOSE WHO TIt.AA'EI. upon tailroad trains must inevitably be vastly
increased.
Tlie Georgia 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
finn the date of his dismissal. April 3. 1912. Under its agreement, the
Georgia Railload 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 tlie 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 Georgia 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 retimed by Mr Morgan
to $5.25) were evidences of characteristics which are incompatible wHth 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 suffir lent to and should eliminate him fr om train service. The
facts recited above, upon w hiclt 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 oflir eis of tlie 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 tlie Georgia Railroad and their
refusal to delegate it to organizations of its employees which have resulted
in an ultimatum from tlie offir ers of these organizations that unless these
two men are instoteil to their former positions with full compensation for
tlie period elapsed sime their dismissal the members of these organizations
heretofore employed by tlie Georgia Railroad will withdraw from its service,
thereby impairing its ability to provide the transportation service so indis
pensable to the public comfort. While tlie management of the Georgia
Railroad feels in al! sincerltx that its course in this matter is just and
tight, it recognizes the fact that parties to a controversy may err honestly
in their views and lias, therefore, t eported tlie situation to the officials
designated by another act of congress, to mediate between tlie parties in
such r ises ami lias requested tiv '■ good offices. Tin correspondence
bitween the superintendent of tlie Georgia Railroad and the vice presidents
of tin' Ordei of Railway t'omiuetovs ami Hr<>t horhood of Railway Trainmen
is published herewith AA’. S BRAND.
Superintendent Georgia Railroad.
THE ALBION HOTEL.
Augusta. Ga Sept. 16. ; 'I.
Mi; AA S BRAND
Supt Georgia llaili"a'i.
Aueustu. Ga
1 tea r > u
I During in.' experience n ui.'ling "ith
Iroiiil officials throughout the 'iiuntiy.
■ I have met many men who did not agree
I with me. notwithstanding the fact that it
1 '.'as afterwards ilecide.l that arguments I
ad offered and r, asons gi'i-r: "ere good,
as to why a matter of grievami should
be adjusted: but 1 never have until now
met an official who «as 'esied wita au
thority to make a decision and tried to
dodg< tlie responsibility of doing -■
j Your statement that no sound reason
lias been urged to justify you in enter
| ranting our re ruests for reinstatement of
11' ndm ' ot- Paschal and pay him tor all time
I i,,si appears to be no reason win you
i should fa I or refuse !•’ make f a decision
j one )'a' "T rhe other when urged io
Y»m ha'"- heard our argument, and it I
j’. i \on to i)p( ’tlr n hrt her \ <»u think it -
j . bd«i. an-i * hal I tn»* desire
krio" is, are you willing to reinstate Mr.
Paschal io hrs former position as con
ductor and pay him lor all lime lost.’
Yours very truly.
(Signed) T. A. GREGG,
A’ice President o. R U.
GEORGIA RAILROAD.
Augusta. Ga Sept 17, I|.|_'
MR T. A GREGG.
A ice President. Order of Railwa' Con
ductors.
Alliion Hotel. Augusta. Ga
I 'ear Sir
Your letter of September 16th was de
livered to me this morning by Messrs.
Chandler and Black.
There is nothing n my correspondence
to Indicate a disposition to dodge any
thing
1 reiterate inat thus far no sound reason
ha- been urged to justify me in enter
tain rrg your request for reinstating Mr
I'asical and pa' him fog al! tine lost
t n..er our rules, with wind Al' I’as
i-bal !• fully i "nvc’’.snnt. the respon-ibil ty
.for the -af< and i.r-'pcr . .indui I of out
j trams o»cr the road rests a i h Hie con-
I ductor. Mr. Paschal himself admits that
his train was run. and that be knew be- '
forehand that it would be run, contrary
•o 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 1 would be recreant
in my duty to our employ ees, 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, r
'Signed) W. S. BRAND, '
Superintendent. i
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
statemen of Conductor .1. T. Paschal, and
whffh 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 todav that
our request is denied.
AA’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 tlie 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 ot 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 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. I no
tice several places where I am quoted in
correctly, and I w’ish 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 this
statement was—That “You are right, and
if 1 felt that I did not have the support
of m.v 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 tirat 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.”
AVe 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. A’ice Chairman of
the Conductors' Committee, under date of
July 19. 1912, as follows:
"Your letter of July IS has reached me
here.
"I have carefully considered the ease of
j 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. I 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 Hie 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 Ii 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 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 rhe part
of others is far-fetched and unfair.
AA e were told by y ou in conference that
he was 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—“ Tints the Bulletin in
structions to report to dispatcher could
have been easily carried out. and his 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 latw,"
which reads in part as follows:
“Neither under the act 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 has been on duty longer than 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. by the
Rules of the Company, is requit'd to
send, receive or deliver orders ((fleeting
the movement of trains, in conjunction
with bis duties as trainman, would come
within tlie proviso "
Therefore. f the above means what
we have excellent reasons io believe il
does, anil the Bulletin of November 14.
1911. means that the Conductor is re
. quired to call up tlie dispatcher and re
celve orders for his own or any other
train, after having been on duty the
I'iigth of time Mr. I’as. ral was on this
'late in question, then we are at a loss to
understand bow tlie company was placed
’ ; in the attitude of being more of a law
' breaker and subjecting It to a more se
i vere penalty under the law by his en-
„ I gineer going to Lithonia than it would
I have been lad Mr Paschal taken orders
over the phone at Conyers on the above
i dale, as is ind'eated in your communlca
r | tion that he should have done.
1 said that a« evidence that others un
derstood >our Bulletin of November 14.
' <D. as Mr 1 Paschal did. t b at mar' others
i had ilene from time to time just w hat
i Paschal old on this date, and it was bard
for :> pra tii al railroad man to under
i stand hew it could be done w'thnut
1 I knowlCKe "i! joe parr of th» officials
■ i Yet. nothing had pit been said to any-
one. insofar as Hie 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. Pasclial s act
that others had committed similar of
fenses If Paschal complied with tlie 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 out ranks without any reason
whatever." Mr. Paschal has spent nearly’
twenty years in the service of 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 man 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. A. GREGG,
Vice President O. R. C.
GEORGIA RAILROAD.
Augusta, Ga.. September 18. 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 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
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
Litnonia 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 w’as justifi
catmnjn 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 ot 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 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 b.v eliminating
from our service those who disregard our
rules, instructions and laws bearing on
the safety of operation of trains 1 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) AA'. S. BRAND,
Superintendent.
AT HOTEL ALBION.
Augusta, Ga.. Sept. 23, 1912.
MR. T K SCOTT, Genl. Algr.. Georgia
Railroad Co.
AIR AA'. S. BRAND, Superintendent Geor
gia Railroad Co.
Augusta, Ga.
Dear Sirs:
The Geneial Committee. O R. C.. and
officer representing your Conductors, hav
ing failed in an effort to secure the rein
statement of Conductor .1. 'l' Paschal,
Air. Brand was advised by Air-. Gregg,
under date of September 16th. that the
General Committee. B. R. T. and officer I
representing your Trainmen and Yard
men would be convened and the ease of I
Mr. Paschal placed before them and fur
ther conference requested.
The Joint General Committee, (J. R C.
and B. R. T. and officers are now in ses
sion here and the fact develops that ihe
Trainmen's Committee have been waiting
for some time to secure the assistance ot
an officer of that organization to assist
them in 'the ease of Air. A. Al. Morgan,
who was dismissed from the service -April
2nd. 1912.
After going over the two eases care
fully, the above named joint committee
and officers request rhe 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 cases?
Failing 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 eases, remains un
changed and we will proceed tv place the
situation before the men on your line
whom we represent, to secure a vote as
to their further desires.
Yours trulv,
1 Signed > T. A. GREGG,
A'iee President o. R. C.
(Signed) JAMES MURDOCK,
A ice President B. It. T.
GEORGIA RAILROAD.
Augusta, Ga.. September 24. 1912.
MR. T. A. GREGG.
A’ice President O. R. C.
MR JAMES MI RDOCK.
A’ice President. B. R. T
Albion Hotel. Augusta. Georgia
Gentlemen.
<>n my return to Augusta, about 11
o’clock last night. 1 received yout letter
of September' J.'lrd. advising >hat the
Joint General Committee, (> H. U and
B It T . and officers were in si ssimr
here, and requesting the reinstatement of
Messrs .1 T Pasehal and A Ai Morgan
"to their former 'seniority rights and that
I they be paid for all time lost." and also
requesting that I Join vou in a eonfeteiiee
In matters pertaining to applications
for reinstatement in our srivin "1 those
who have been dismissed therefrom, it
has been our policy to deal only with tlis
applicant himself or with the committees
of employees engaged in the same ''lass ..f
service as the applicant. i,at 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 a ill have to ask that this
I'rai tice bo adhered to in these vases.
and Morg n
full,' Informed as to our position in their
resrective irises, and in one ease, that
of Mr Paschal. 1 ha\e g-re into 'be ruat
i ter 'b detail "ith th* C"nmi'.*tce repre
isenting him. noverthelcs-. I will be plea-ed
in meet Hie ('ommittees separately viz.,
j rlir C"nd.n*t"''s r ■ •nonittor a< < oippanjo'l
by Hie Vice Prcsiuent of the 11 R. C. to
further consider Mr. Paschal s case a
the Trainmen's Committee accompany
by the Vice ['resident of the B. R. q
discuss Mr. Morgan's case, and name t m
P-. ni - '7sth Meridian time) todav at n.
office as the time and place for the fir
meeting—say witli the Trainmen's Com
mittee.
Yours truly.
(Signed) W. S. BRAND
Superintendent.
Following this letter. Mr. Brand, Super
intendent. met. with the Committoe-' Se '
arately on the afternoon of Sentemb. ■
2 J th. and the results of these meeting
are set forth in the following letters bar
September 25th to Mr. T A Gregg v’
President, O. R. C.. and 26th to Mr jam.-'
Murdock, \ ice President. B. R. t
GEORGIA RAILROAD.
MR. t'TgREGG.- SePtßmber 25 '
A’ice President, O. R. c..
Dear Sir'^ ,bi ° n H ° tel ' Augusta ’ Georgia
At the close of our conference on ve«.
terday concerning the case of Mr I t
Paschal, you stated that this conferenci
was in a measure a re-opening of
case, and that you would be pleased'-
have me write you a letter setting fort!
our decision. s 11
I greatly regret that our meeting wa«
without results, and that no reason w.t.
advanced to justify a change of the po-o
tion already taken by me.
.’Y l h *? conference you for the first time
stated that Mr. Paschal's dismissal wa<
due to his being a Committeeman am
his activities as such. This allegation
without foundation, and its fallacv
demonstrated by the fact that Messi-'
John Oliver, L. V. Hatcher, .1 p \i,
Co L d ’ -V' L McLaughlin, AV. E. Shurik
and others of our worthy employees an
citizens have served actively as Commo
teernen. some of them for vears and are
still with us enjoying full confidence an
respect of both their employer and thos.-
among whom they live and labor, and b
w’hom they are known. Ask them if j
have ever treated them unfairly Ask th.
present Committee, Messrs. A. L. Chand,
ler, W. S. Black and J. A. Scott, who
stand second to none in my esteem in n
tegrity and honesty, if in even one in
stance they have received unfair treat
ment at my hands. If you please g.
outside of the conductors' ranks and in
terrogate the Engineers' Committee
Messrs. L. S. Davis, J. B. Strauss, G. E
Florence and G. E. Ballard. They ar
now. and have been for manv years in
the service of the Georgia Railroad am
have during their service on the Commit
tee been many times in conference with
me. Ask them if they have been d<s
criminated against or in anv particular
unfairly treated by me.
The facts upon which Mr Paschal wa
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 by anv allega
tions extraneous to those facts; especial!'
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 ami payment of his lost time
On the 24th instant I went somewhar
into the details of this case at a con
ference witli you and a committee of
Trainmen representing,Mr. Morgan. Tha'
there may be no misunderstanding, I give
below the facts as shown by the records
in my office, which were furnished me
b.v Air Morgan himself.
Mr. Al organ was employed as a flag
man, and ran occasional trips as a con
ductor, in Match, 1912, he attended court
at Decatur, DeKalb county, as a wit
ness for the Georgia Railroad. Undei
our agreement with Trainmen, he shoulr
be paid his lost time and reimbursed ths
amount of his actual expenses. Mr. Mor
gan put In a ticket for hls 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
to Mr. Morgan, pointing out one error
This overcharge was corrected by bin
iMorganj and the statement returned
I ne 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 th
third, fourth and fifth times it was nec
essary for the trainmaster to return th"
papers to Air. Morgan to secure the cor
reetion of a third error, an overcharge
I was disappointed and grieved to lean
that so many errors had been made b>
Mr. Alorgan in so small and simple an
account, amounting to, originally, onlv SB.
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 ar? not compatible with the ver\
responsible duties of a railroad train
man. In other words, it indicates that
Mr. Morgan is cither 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
train service those who are careless, or
whoso memories are treacherous, or wh<
are dishonest. Either cause is sufficient
to and should eliminate him from our
service.
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 a<=
a “mistake.” yet in our conferences on
the 24th instant, it was for the first tinv
stated that Mr. Morgan’s dismissal wa
due to his being a committeeman. Th* 5
fallacy of this allegation can be easily
demonstrated by interrogating the pa c ’
and present members of committees, will
whom I have had conferences for the pa
nineteen years, and who are still in th*
service of the Georgia Railroad, and con
tinue to enjoy the full confidence >-f
their employer and fellow-citizens. Asl
them if they have been discriminate 1
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
slated in another case, the justice of hi
dismissa) should be tested by those fact
alone and not obscured by any allega
tions extraneous to those facts: especially
when such allegations are. a si nov dis
tinctly declare them to be. wholly without
founda t ion.
It is needless to say that it is dis
agreeable for me to put into writing the v
facts, but. as you propose “to plac»
the entire situation before the men or
our line. I feel that, in justice to them,
to the Georgia Railroad and to myself,
they should be fully informed "f th*
cause of Mr Morgan's dismissal. Your
truly.
’Signed) W. S. BRAND.
Superintendent
Augusta, Ga.. Sept. 26. 1913.
MR \\ S. BHANb. Supt.,
Georgia Railroad,
Augusta. Ga.
Dear Sir:
Herewith 1 acknowledge receipt of your
letter of even da e in further referer' c
io Mr \. M. Morgan’s case, and I not*
ti.at the general manager has referred :t
to you for handling.
\ll that you have stated in your let
ter has been carefully noted and given
tp.e consideration which it deserves
I note that you have sent copy of the
letter to Mr I’. H. Paschal and to .Mt
X. .I ones. You evidently overlooked,
however, sending a copy to the chairman
of the Trainmen’:; 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 cot
ne< tlon with the cases of Mr. Pascha
and Mr Morgan had been prepared In the
proper form to be printed and submitte-.
to the men on your line.
As soon as the joint committees of t' ‘
‘ ■ r-.actors’ ami ’Trainmen's organizations
hav< secured the vote of the men em
ployee ip train »n<l yard service on th*
Georg’a Railroad, you will be advised
the result, and I might add that the
\ote will be secured as promtply as flex
ible on aecoui » of the fact that al
ready too mud time has been take 1 ’
in the opinion • • ’he < ' inmittee. to cop
sidrr the ■(' matters. I remain \ery truly
(Signed) t \Mi:s MIRDOCK
Vice President B. of R 1
< \d\ t