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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 Reinstatement to Position of Conductor on the Georgia Railroad, From Which He Was Dismissed June 5, 1912, Also Copies of Correspondence Between W. S. BRAND, Superintendent. Georgia Railroad, And JAMES MURDOCK, Vice President, i 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 3,191 i THE ALBION. Augusta, Ga., Sept. 10, 1912 MR T. K. SCOTT. Genl. Mgr. Georgia Hailroad Company, Augusta, Ga. Dear Sir: On June 6th, of this year, 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 duty more than sixteen hours from the time he first reported for duty at Augusta ehops until he got his train on the sid ing and the engine In shape to be left , without a Watchman at Lithonia, on May 19th, 1912. Your Conductors, believing an injustice has been done Mr. Paschal, Instructed their committee to take his case up with the proper officials and request his rein statement. This was done, but the re instatement of Mr. Paschal was promptly refused. The case was then referred to the Ex ecutive officer of their Organization, who f assigned the writer to assist them, and, after going over the case carefully, I agree with the contentions of your Con ductors, that Mr Paschal was unjustly denied the right to continue to earn his 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 the General Committee, O. R C., representing your Conductors, would be glad to have a conference with you to discuss the above referred to subject at your earliest possible convenience. I will await your answer at the Albion Hotel, this City, and thanking you for an early reply, 1 am. Yours very truly, (Signed) T. A. GREGG, Vice President O. R. C. GEORGIA RAILROAD. Augusta. Georgia, September 12. 1912. MR. T. A. GREGG, Vice President, Order of Hallway Con ductors, Albion Hotel, Augusta, Georgia. Pear Sir: Mr. Scott. General Manager, has 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, (Signed) W, S. BRAND, 13th. Superintendent. THE ALBION. Augusta, Ga., Sept. 14. 1912. MR. W. S. BRAND. Supt., Georgia Railroad Company, Augusta, Ga. Dear Sir: Your communication naming 4 o’clock P. M.. Eastern Time. Saturday, Septem ber 14th, for conference with the General Committee O. R. C and myself to discuss the case of Mr. J. T. Paschal, has been received. We will be at your office at the above named hour. Yours truly, (Signed) T. A. GREGG, Vice President O. R. C. GEORGIA RAILROAD. Augusta, Georgia. September 16. 1912. MR. T. A. GREGG. 1 Vice President, Order of Railway Con ductors. Albion Hotel, Augusta, Georgia. Dear Sir: Referring to the case of J. T Paschal, whose dismissal from the service of the Georgia Railroad was discussed at a con ference held in my office on Saturday aft ernoon, the 14th instant, at which confer ence there were present yourself. Messrs. A. L. Chandler, W. S. Black and J. A. Scott, representing Mr. Paschal, and Mr. J. B 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 in its title, viz.. "An Act to promote the safety of employees and travelers upon railroads by limiting the hours of service of employees thereon.’ A copy of this Act was posted on the bulletin boards prior to its effective date, that all Interested employe. s might be Informed of its terms, etc . and on No vember 14th, 1911, the following bulletin was issued, over my signature t*nd ad dressed to Engineers. Firemen, Con ductors and Trainmen: “To comply with the Hours of Service Law. the period of duty should be com puted from the time the employee actual ly goes on duty to the time he is relieved of his engine or train, if a train is caught without instructions on main line at any point by the expiration of the 16- hour period, the crew will place train In sidetrack, go off duty and report action ’o 1 Mspatcher." Georgia Railroad Rule No. 132, which was in effect at the time Mr Paschal's offense was committed, bears directly on the case For convenience I quote it: "The general direction and government of a train, from the time of receiving Its j^-asst ng-rs or freight, until Its arrival at destination, is vested in tin conductor, is held responsible for its safe and conduct, and all men employed on the train are required to yield a willing obedience to hie proper orders.” On May IS last Mr. Paschal left Augusta •u 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) 16-hour period on duty under the law would expire. The i train proceeded to Conyers (a station 140 i miles distant from Augusta), where it re- I mained for some time awaiting the ar , rival of an opposing eastbound train. On arrival of this eastbound train, at Con yers, the westbound train, in charge of Mr Paschal, departed for the next sta tion, Lithonia, without sufficient time to make the run to that station at the speed limit prescribed by the Rules and clear the main line before the expiration of the 16-hour period of duty of the engineer. Mr. Paschal admits these facts and has not given a satisfactory explanation of his failure to observe the law and my spe cial instructions relating thereto. He also knows that under Rule 132 "he Is held re sponsible for the safe and proper conduct of the train, and that all men employed on the train are required to yield a will ing obedience to his proper orders.” The Georgia Railroad has equipped its line with a telephone system, and each conductor, including Mr. Paschal was pro vided with a telephone set, that they may be able to promptly and conveniently get in communication with the Dispatchers, thus the bulletin instruction to “report to Dispatcher” could have been easily car ried out, and his failure to do so is with out excuse or reason. He seems to have preferred to deliberately and premedltat ediy take matters in his own hands, de fying our instructions and the law, thus putting the Georgia Railroad in the atti tude of a law-breaker and subjecting it to severe penalties under the law. The Georgia Railroad is being asked to reinstate Mr. Paschal and allow him lost time, and this request is accompanied by a threat that unless It is complied with "there will be trouble for the Georgia Railroad” and myself, the statement being made that the men will withhold their support and co-operation, and that with out those 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 for the protection of valuable property, and In further effort to accom plish your ends you make a threat that our conductors will "give us trouble” and will withhold support and co-operation, thus not only crippling the Georgia Rail road but our patrons as well, In that they would not receive the service so essential to their comfort and success. I repeat .with emphasis what I said, in effect, at the conference, via.: that the conductors employed on the Georgia Railroad are for law and authority, and that I can not and do not believe that they would be parties to such indefensible and unworthy prac tices, and that they would not 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 since the issuance of the bulletin quoted In this letter and they had not been suspended or dismissed. A breach of the laws of morajs or of dis cipline is not modified in degree by its detection or non-detectlon. An offense of that sort Is still an offense if It never becomes known to any one but the of fender. The weakening of discipline invariably carries with it demoralization, reckless ness and other kindred horrors. As the responsible head of the Transportation Department. I 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) W. S. BRAND, Superintendent. THE ALBION. Augusta, Ga.. Sept. 16, 1912. MR. W. S. BRAND. Supt., Georgia Railroad Company, Augusta, Ga. Dear Sir: On September 10, I addressed a letter to Mr T. K. Scott, general mana ger of the Georgia railroad, requesting the reinstatement of Conductor J. T. Paschal to his former rights as conduc tor, and that he be paid for all time lost, and asked Mr. Scott to give conference to the undersigned and general committee O. R. C. representing his conductors, to discuss this matter. On September 12. not having heard from him. I wired him at Atlanta calling hit attention to my letter of the 10th, and advising him that I had received no re ply. On September 13 I received a letter from you stating that you would meet the committee and myself at 4 o’clock p. m.. Eastern time, Saturday, September 14, to discuss this matter. Not having heard from Mr. Scott, I again wired blm on the 13th instant, tell ing him that I had not received reply to either communication sent him; that we had heard from you. but as we had taken the matter up with him as general manager of his company, we were entitled to know from him who had been author ized to dispose of the case at issue, and on the morning of the 14th I received a message from Mr. Scott to the effect that you would meet us. When wo first met you at the confer ence on Saturday. 14th. In answer to a direct question from me. you stated to us that you had authority to settle this matter. However, after reading your com munication of today, we find that you re view some of the arguments you pre sented on Saturday, and do not fairly state some of the statements made by me, but you do not say In your communica tion whether or not you will reinstate Conductor Paschal and pay him for all time lost. When you have done so. we are pre pared to answer your communication and advise you whether or not we are will ing to accept your decision. Trusting that we may get this decision ! at your earliest possible convenience, I am, yours very truly. (Signed) T A. GREGG, Vice President O. R C. GEORGIA RAILROAD. Augusta. Ga . September 16, 1912 I MR. T A. GREGG, Viiv President Order of Hallway Con ductors. Albion Hotel, Augusta. Georgia. I Dear Sir: 1 am in receipt of your letter Septetn b» r 16th. In which you ask whether or not I will reinstate Conductor ,1. T. Pas chal and pay him for all time lost, and state that upon receipt of this Infonna • tion you will be prepared to answer my communication of this date and advise ■ me whether or not you are willing to ac- ■cpt my decision Thus far no sound reason has been urged to Justify me in entertaining your re piest for reinstating Mr. Paschal and I pay 1 Im for all time lost Yours truly, is gnt :j w s. BRAND. Superintendent. THE ATLANTA GEOKGIAN AND NEWS. Augusta, Ga., September 30, 1912. TO THE PUBLIC: As at this writing it is highly probable that the conductors, flagmen, baggage masters and yard trainmen In the service of the Georgia Railroad will withdraw from that service, and that, notwithstanding the efforts of the railroad management to 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 government of employees of the transportation department of the Georgia Railroad occurs the language following: “To enter or remain In the service is an assurance of willing ness to obey the rules." Rule 132 of those rules reads as follows: “The general 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 orders.” In 1907 the congress of the United States enacted a law, the purpose and objects of which are set forth in its title, viz., “AN ACT TO PROMOTE THE SAFETY OF EMPLOYEES AND TRAVELERS UP ON RAILROADS BY LIMITING THE HOURS OF SERVICE OF EMPLOY EES THEREON." A copy of this art was posted on the bulletin boards prior to its effective date, that all Interested employees might be Informed of Its terms, etc., and on November 14, 1911, special Instructions to engineers, firemen, conductors and trainmen were Issued by me as to compliance with this law. These instructions provided that at the expiration of the statu tory period of duty for trainmen (16 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 fireman’s 16-hour period of duty under the law would expire. The train proceeded to Con yers (a station 140 miles distant from Augusta), where it remained for some time awaiting the arrival of an opposing eastbound train. On arrival of this eastbound train at Conyers, the westbound train, in charge of Mr. Paschal, departed for the next station. Lithonia, without sufficient time to make the run to that station at the speed limits or limit prescribed by the rules and to clear the main line before expiration of the 16-hour period of duty of the engineer and the fireman. Mr. Paschal admits that his train was run contrary to the provisions of the so-called HOURS OF SERVICE LAW referred to above, and has given no satisfactory explanation of his failure to exercise the authority vested in him by Rule 132, fully quoted above, and place his train In the sidetrack and report to the dispatcher in compliance with the special in structions also quoted above, thus avoiding an infraction of the law. The Georgia Railroad, in its anxiety to expedite the movement of its trains, and otherwise afford easy and prompt communication, hag equipped its main line and Macon branch with a telephone system, and has provided each conductor, Including Mr. Paschal, with a portable equipment to enable them to communicate within a few minutes directly with the dispatchers. The engineer and the conductor (Mr. Paschal) were, for this offense, dismissed from the service, and the Georgia Railroad Is now confronted by a demand from the Order of Railway Conductors to reinstate Mr. Paschal In the serv ice and to pay him full wages from the date of his dismissal, and this demand Is coupled with a threat from the vice president of that order that unless it is complied with there will be "trouble for the Georgia Railroad and for its superintendent.” In brief, the demand is made upon the Georgia Railroad that it shall reinstate in the responsible position of conductor one who has admittedly failed, though empowered so to do and 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 the 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 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 Mr. A. M. Morgan as flagman, and for the payment to him of full wages from the date of his dismissal, April 3, 1912. Under Its agreement, the Georgia Railroad undertakes to reimburse its employees, while attending court as witnesses in Its behalf, their ACTUAL EXPENSES during their absence from their regular duties. In March, 1912, Mr. Morgan, at the instance of the Georgia Railroad, attended epurt 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 wag 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 38 and reduced by Mr. Morgan to $5.25) were evidences of characteristics which 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 he is dishonest, either of which causes is sufficient to and should eliminate him from train service. The facts recited above, upon which Mr. Morgan was dismissed, are admitted by him, and these admissions are of record of his own making in the office of the superintendent. It must be patent to all that the administration of proper discipline is essential to the safe operation of railroad trains, and that that prerogative must reside in the responsible officers of the railroads, and can not be dele gated to any subordinate or aggregation of subordinates. It is the exer cise of 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 are restored to their former positions with full compensation for the period elapsed since their dismissal the members of these organizations heretofore employed by the Georgia Railroad will withdraw from Its service, thereby impairing its ability to provide the transportation service so indis pensable to the public comfort. While the management of the Georgia Railroad feels in all sincerity that its course in this matter is just and right, it recognizes the fact that parties to a controversy may err honestly In their views, and has, therefore, reported the situation to the officials designated by another act of congress, to mediate between the parties in such eases, and has requested their good offices. The correspondence between the superintendent of the Georgia Railroad and the vice presidents of the Order of Railway Conductors and Brotherhood of Railway Trainmen is published herewith. W. S. BRAND, Superintendent Georgia Railroad. THE ALBION HOTEL, Augusta. Ga., Sept. 16. 1912. MR. W S. BRAND. Supt. Georgia Railroad. Augusta. Ga Dear Sir: During my experience in dealing with railroad officials throughout the country, 1 have met many men who did not agree with me. notwithstanding the fact that it was afterwards decided that arguments 1 had offered and reasons given were good, as 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 to Justify you In enter taining our requests for reinstatement of Conductor Paschal and pay him for all time lost appears to be no reason why you should fall or refuse to make a decision one way or the other when urged to do so. You have heard our argument, and it is for you to decide whether you think it is good or bad, and what I now desire to know Is, are you willing to reinstate Mr. Paschal to his former position as con ductor, and pay him for all time lost? Yours very truly. (Signed) T. A. GREGG. Vice President O. R. C. GEORGIA RAILROAD. Augusta, Ga., Sept 17, 1912. MR. T. A. GREGG, Vice President, Order of Railway Con ductors, Albion Hotel. Augusta. Ga. Dear Sir: Your letter of September 16th was de livered to me this morning by Messrs. Chandler and Black. There is nothing in my correspondence to indicate a disposition to dodge any thing. I reiterate that thus far no sound reason has been urged to justify me In enter taining your request for reinstating Mr. Paschal and pay him for all time lost. Under our rules, with which Mr. Pas chal is fully conversant, the responsibility tor the safe and proper conduct of our trains over the road rests with the con- ductor. Mr. Paschal himself admits that his train was run, and that he knew be forehand that It would be run, contrary to law, a law that was enacted by our Rational Congress and designed for his safety, for the safety of his fellow-em ployees and those (the public) who travel upon our trains. It would not be compatible with my sense of right, and I would be recreant in my duty to our employees, to the pub lic and to the property I represent to re store euch a man to our ranks without any reason whatever—ln 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: 1 our 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 Trainmen are federated on this system, we have decided, first to convene the federated committee and lay our case before that committee. As soon as an officer of that organization and committee has convened, we will ask you for a further conference to, advise you of the decision reached by the Federated Board. In our first communication to you yes terday 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 yog 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 wish to call your atten tion to these statements and will correct them. I said that no official could succeed without the co-operation and support of those under him—that unless the men had confidence in their superiors and felt and knew that favoritism and discrimination was not practiced, that it had been con ceded by almost all fair-minded officials, that his success was hopeless. And I did not believe you would claim that you were an exception. Your answer to this statement was—That "You are right, and Ls 'I 1 !* » > 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. Paschal's case) there was only one course left for us to pursue, and that was to let the men whom we represent decide for us what action we should take. I presume this is what you refer to as "threats." M'e 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, 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 C onductor 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 (■eneral 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 ft 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 beep 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 him with doing so We un derstand he was on the siding with the switches closed seven minutes before the sixteen hours was up. We note what you say relative to the Georgia R. R. equipping its line with tel ephone system—" Thus the Bulletin in structions to report to dispatcher could have been easily carried out, and his fail ure to do so Is without 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 act nor under the ruling of the Commission can a carrier employ regularly for the purpose of send ing, receiving or delivering orders affect ing the movement of trains, a trainman who has been on duty longer than the limit fixed for a telegraph or telephone operator. The proviso of the law applies to an operator, train dispatcher or other employee, and a trainman who, by the Ruses of the Company, is required to send, receive or deliver orders affecting the movement of trains, in conjunction with his duties as trainman, would come within the proviso." Therefore, if the above means what we have excellent reasons to believe it does, and the Bulletin of November 14, 1911, means that the Conductor is re quired to call up the dispatcher and re ceive orders 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 how the company was placed in the attitude of being more of a law 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 Conyers, on the above date, as is indicated in your communica tion that he should have done I said that as evidence that others un derstood your Bulletin of November 14, 1911, as Mr. Paschal did. that many others had done from time to time just what Paschal did on this date, and it was hard for a practical railroad man to under stand how It could be done without knowledge on the part of the officials. Yet, nothing had ever been said .v 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 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 o’ut 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 In permit ting his train to run from Conyers to Lithonia did violate the bulletin Instruc tions and the National law. The bulletin contained no reference 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-nour 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 justlfl cationjn Mr. Paschal’s act. There is no room for misunderstanding my words "to restore such a man tp 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 |s 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 protection in the performance of their duties. They have every right to expect this of me and other responsi ble officers of the Georgia Railroad. This can be accomplished only by eliminating from our service those who disregard our rules, -instructions and laws bearing on the safety of operation of trains. 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 has disregarded our rules and the laws of our nation that were enacted for the safety of himself and his fellow-beings. Yours truly, (Signed) W. S. BRAND, Superintendent. AT HOTEL ALBION. Augusta, Ga., Sept. 23, 1912. MR. T. K. SCOTT, Genl. Mgr., Georgia Railroad Co. MR. W. S. BRAND, Superintendent Geor gia Railroad Co. Augusta, Ga. Dear Sirs: The General Committee, O. R. C., and officer representing your Conductors, hav ing failed in an ettort to secure the rein statement of Conductor J. T. Paschal, 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 case 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 ot 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 fully, tlie above named joint committee and officers request the reinstatement of Mr. Paschal and Mr. Morgan to their former seniority rights and that they be paid for all time lost. Will you kindly grant us a conference tomorrow, at whatever hour it may best suit your convenience to discuss these two 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 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. A. GREGG, Vice President O. R. C. MR. JAMES MURDOCK. Vice President. B. R. T. Albion Hotel, Augusta, Georgia. Gentlemen: On my return to Augusta, about 11 o clock last night, I received your letter of September 23rd, advising that the Joint General Committee, (). R. C. and B. R. T.. and officers were in session here, and requesting t|>e reinstatement ot Messrs J. T. Paschal and A. M. Morgan "to their former seniority rights and that they be paid for all time lost,” and also requesting that I join you In a conference today. In matters pertaining to applications for reinstatement in our service of those who have been dismissed therefrom, it has been our policy to deal only with th* applicant himself or with the committees of employees engaged in the same class of service as the applicant, that 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 1 will have to ask that this practice be adhered to in these cases. Messrs. Paschal and Morgan have been fully Informed as to our position In their respective cases; and in one case, that of Mr. Paschal. 1 have gone Into the mat ter in detail with the Committee repre senting him; nevertheless, I will be pleased to meet the Committees separately, viz., the Conductors' Committee accompanied by the Vice President of the (?. 11. C. to further consider Mr. Paschal’s case ar < bv e th Tr v? me n 8 Committee accompan'e ’ by the Vice President of the B. R. T discuss Mr. Morgan’s case, and name 4 on P. m. (76th Meridian tlmi) today at mJ office as the time and place for the flr-L- Shtee n . K “ Say W ' th the TralMlens Com? Yours truly. (Signed) W S. BRAND Superintendent. Following this letter. Mr. Brand Sun, intendent, met, with the Committees Se ‘ arately on the afternoon of Seotmh 1 . 24th, and the results of these meeting are set forth in the following letters September 26th to Mr. T A Grew Vi President. O. R. C„ and 26th to xt? B ’i? R ' Murdock, Vice President. B. R T me GEORGIA RAILROAD. MR. T A TgREGg; Septwnber 25, 1912. Vice President, O. R. C Dear Sir^ ,bl ° n H ° tel, Augusta ’ Georgia At the close of our conference on terday concerning the case of Mr >’ T ’ Paschal, you stated that this cnnf.™r was in a measure a re-opening case, and that you would be H^,Y. an ? ed j us Gf>’ a change of the nod ‘ ■ already taken by me. P ‘ At this conference you for the flro his activities as such. This allegation 1 without foundation, and its fXrv B « Toh onßt £ ate <l by the fact that Messrs John Oliver, L. V. Hatcher r r> ’ kna d ’ th’ U , McL aughlln, w.’ E. Shurlev and others of our worthy empioveesan 1 citizens have served actively a« Commit itflJ’w?th BOme °/ l V em for >' ear s, and are still w Ith us enjoying full confidpnn« i respect of both their employer and tD.< the r llve and y abor? d an l I°D whom they are known. Ask them if i have ever treated them unfairly Ask th,. J J p r r ese v?- t C J )m 3} ltt P e ’ Messrs. A. L. Chan! , ler, M. S. Black and J. A. Scott wh.. stand second to none In my esteem in >r t a n nd h ° nest >'- 'f in even in stance they have received unfair treat men at my hands. If you &ase go outside of the conductors’ ranks and' tn terrogate the Engineers’ Committee Messrs. L. S. Davis, J. B. Strauss, G r Florence and G E. Ballard. They are now, and have been for many years in the service of the Georgia Railroad an I ?JL V V lUrlnß thelr , servl( ’e M the Commit tee been many times In conference with the ”< I they have criminated against or in any particular unfairly treated by me. p ri cutar The facts upon which Mr Paschal was dismissed are admitted by him, and have been clearly set forth in my correspond m(«J’ n snd5 nd ,he J uStlc e of his dis missal should be tested by those fact 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, Georg a Dear Sir: Mr. Scott, General Manager, has re ferred to me, for handling, the matter of your request for reinstatement of Mr x r," liayment of his lost . 24th instant I went somewhat into the details of this case at a con ference with you and a committee of I rainmen representing Mr. Morgan, 'l lat there may be no misunderstanding. I give below the facts as shown by the records > V 1 . 5 2? ce ' whlch were furnished me by Mr. Morgan himself. Mr. Morgan was employed as a flag man, and ran occasional trips as a con ductor. In March. 1912, he attended court at Decatur, DeKalb county, as a wit ness for the Georgia Railroad. Under our agreement with Trainmen, he should ne paid his lost time and reimbursed the amount of his actual expen»es. 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. The trainmaster returned the stateuxnt Ju Mr. Morgan, pointing out one error, this overcharge was corrected by hint (Morgan) and the statement returned The trainmaster returned all the papers to him a second time, calling his attention to a second overcharge. This was also corrected him (Morgan); and for the third, fourth and fifth times it was nec essary for the trainmaster to return the papers to Mr. Morgan to secure the cor rection of a third error, an overcharge was disappointed and grieved to learn that so many errors had been made by Mr. Morgan In so small and simple an account, amounting to, originally, only 38. and reduced by him to $5.25. As stated to yoq and the committee, while the amount involved is small, the ?< ct * s significant of characteris tics that are not compatible with the very responsible duties of n railroad ?i an ’,. In ptljer 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. Certaiply we can not retain in our train service those who are careless, or whose memories are treacherous, or who are dishonest. Either cause is sufficient to and should eliminate him from our service. This case has been a subject ot corre spondence between the committee. Mr Scott and myself for a month or more past, and In alt the correspondence the committee has referred to his offense as a "mistake,” yet In our conferences on the 24th instant. It was for the first time Stated that Mr. Morgan's dismissal war due to his being a committeeman. Tnf fallacy of this allegation can be easils demonstrated by interrogating the past and present members of committees, with whom I have had conferences for the past nineteen years, and who are still in the service of the Georgia Railroad, and con tinue to enjoy the full confidence of their employer and fellow-citizens. Ask them if they have been discriminated against or received unfair treatment front me. The facts upon which Mr. Morgan wat dismissed are admitted h>’ bim and these admissions are of record of his own mak ing on file in my office, therefore, as 1 stated in another case, th* justice of Jtie dlsmlgsal should be tested by those facts alone and not obscured by any allega tlong extraneous to those facta; especially when such allegations are, a si now dis tlnctly declare them to be, wholly without foundation. It is needless to say that it is dis agreeable for me to put into writing these facts, but, as you propose “to place the entire situation before the men” on our line, I feel that, in justice to them, to the Georgia Railroad and to my.-elf. they should be fully informed of the cause of Mr. Morgan’s dismissal. Yours truly. (Signed) W. S. BRAND. Superintendent Augusta, Ga., Sept. 26, 1912 MR W- S. BRAND, Sqpt., Georgia Railroad, Augusta, Ga. Dear Sir: Herewith I acknowledge receipt of your letter of even date in further reference to Mr. A. M. Morgan’s case, and I note that the general manager has referred it to you for handling. All that you have stated in your lei ter has been carefully noted and given the consideration which it deserves. I note that you have sent copy of the letter to Mr. P. H. Paschal and to M C. N. Jones. You evidently overlooked however, sending a copy to the chairmat of the Trainmen's General committee on the Georgia Railroad. Mr, E. J. Hicks Prior to the receipt of your letter 1:25 p. m.. today, all of the facts in cor. nection with the cases of Mr. Pascha and Mr. Morgan had been prepared in ti e proper form to be printed and submltn to the men on your line. As soon as the joint committees of ! e Conductors’ and Trainmen's organization.:' have secured the vote of the men etc ployed in train and yard service on the Georgia Railroad, you will be advised •' the result, and 1 might add that the vote will be secured as promtply as pos sible on account of the fact that al ready too much time has been taker in the opinion of the committee, to co: aider these matters. I remain very trub yours. (Signed) JAMES MURDOCK. Vice President B. of R 1 (Advt.i