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 The Railroads 
 Their Employes 
 
 AND 
 
 The Public 
 
 A DISCOURSE UPON THE RIGHTS, DUTIES 
 
 AND OBLIGATIONS OF EACH 
 
 TOWARD THE OTHER 
 
 BY 
 
 JOHN E. MILES 
 
 BOSTON 
 
 ^
 
 Copyrighted, 1906 
 By John E. Miles, Plymouth, Mass. 
 
 printed by 
 
 The Memorial Press 
 
 plymouth.
 
 TABLE OF CONTENTS. 
 
 Introduction 
 
 7 
 
 The Rights of and Obligations to the Pub- 
 lic by an Object Lesson 15 
 
 The Labor Organizations in the Study of Politi- 
 cal Ecofiomy 21 
 
 The Comfort of the Public 52 
 
 Trying to Obtain a Proprietary Interest in the 
 
 Companies by which We are Employed 62 
 
 The Locomotive Engineer at Work. His 
 
 Criminal Liability in Case of Accident 72 
 
 Commissioners Investigating and Reporting 
 Railroad Accidents. Testimonial to Asa 
 P. Freiich 79 
 
 Character of the Locomotive Engineer 91 
 
 Technical Training School in Railroading 106 
 
 Railroad Employes "With the Railroads" as a 
 
 Community of Interests 112 
 
 The Attitude of the Brotherhood on Regulating 
 
 Hours of Employment by law Ho
 
 4 Railroads and the Public. 
 
 Rate Regulalio is and Governmental Super- 
 vision of Railroads 121 
 
 Arbitration 140 
 
 The Public Represented by Railroad Commis- 
 sioners, a Party to all Trade Agreements of 
 Railroad Employees 1 50 
 
 Railroad Commission and the Civil Service 154 
 
 Friction and Its Cause 165 
 
 Employers' Liability Relative to Injuries Upon 
 
 Railroads 169 
 
 Revising Employers' Liability Act. Engineers' 
 
 Compensation Proposal 176 
 
 Report of Special Committee upon Employers' 
 
 Liability I79 
 
 Conclusion 190
 
 PREFACE, 
 
 To assist in uniting more closely the railroads, their 
 employees, and the public, is the ulterior purpose of the 
 author of this book. While adhering to facts, in all es- 
 sential details, an effort has been made to present these 
 matters in as entertaining a manner as possible. Through- 
 out the book, the scope of which is shown in the Introduc- 
 tion (Chapter I.), accounts are given of attempts to put 
 into practice certain sociological theories of President Eliot 
 of Harvard. This widely known educator has been quoted 
 as saying: 
 
 "It is a general fact that corporations wish to conceal their 
 methods of doing business, and that labor unions also wish 
 to conceal their reasons for demanding more pay or less 
 work. Therefore, the means of procuring publicity in re- 
 gard to such matters ought to be diligently sought by the 
 American people as a whole. We have many means of 
 publicity. The local newspaper will not serve us. The 
 great metropolitan newspaper might, the magazines might, 
 legislative commissions might. They do not always, but 
 they might. It is for the American people to seek thorough 
 information on all these industrial struggles, and to spread 
 abroad among the people sound notions concerning their 
 causes and their results. Then, I think, we may all hope 
 that we shall find a way through these formidable social 
 dangers." 
 
 Having the above in mind, to President Eliot of Harvard, 
 
 I respectfully dedicate this book. 
 
 JOHN E. MILES.
 
 "I know that the world, the great big world, 
 
 From the pauper to the king, 
 Has a different tale from the tale I tell 
 
 And a different song to sing ; 
 But for me, I care not a single fig, 
 
 If they say I'm wrong or I'm right, 
 For I'll always go in, if I go in at all, 
 
 For the under dog in the fight."
 
 RAILROADS 
 
 THEIR EMPLOYES AND THE 
 PUBLIC 
 
 CHAPTER L 
 
 INTRODUCTION. 
 
 The position of the railroad engineer is fittingly illus- 
 trated by the following incident. 
 
 When Sir William Van Home was president of the 
 Canadian Pacific Railway, the racing of that road's and the 
 Grand Trunk trains into Montreal was a constant source of 
 danger to the public. 
 
 Agitation grew hot. The city passed an ordinance to 
 prohibit such contests of speed. Van Home called his en- 
 gineers together one morning and read aloud the ordinance. 
 
 "Now, men," he said, "That's the law, and you've got 
 to obey it. I will suspend any engineer who breaks it. 
 That's all Pve got to say except this : God help the en- 
 gineer that lets a Grand Trunk train beat him into this 
 town !" 
 
 From my earliest recollections I have been associated 
 with railroad men. always deeply interested in their work 
 and in their organizations, and I believe I know them as they 
 are. For the past four years I have given my time and 
 spent my money to merit the confidence of my associates, 
 as shown by them in electing me to the position of their 
 legislative representative. These pages have been written 
 for the purpose of encouraging a greater interest in our 
 profession, elevating our standing in society, and securing
 
 8 Railroads and the Public. 
 
 for us in public opinion a "square deal" when tried for 
 failures. 
 
 After years of study and thought upon the relations 
 between railroad officials and employees, and the obliga- 
 tions of both to the pubHc, as a practical railroad man, 
 I pretend to be qualified to express opinions worthy of the 
 consideration of persons interested in the subject, whether 
 as public-spirited citizens, railroad officials, or rail- 
 road employees. That I might approach the 
 subject without prejudice I have endeavored to believe, 
 that corporations are not to be considered necessarily an- 
 tagonistic to working men, and that the officials of these 
 corporations are desirous of the employees' well-being as 
 a necessity to the success of their companies; that the 
 aims of labor organizations are honorable, and their pur- 
 poses the attainment of high ideals and good living. 
 
 Labor cind capital are useless in themselves, and have 
 been described as holding the relationship of hooks 
 and eyes. Railroad officials pretend to be surprised that 
 employees are not more interested. Not one employee in a 
 hundred has reason to believe the officials care whether 
 he takes an interest or not. The cheap fellow will advance 
 as quickly, and by his indifference make the work of the 
 worthy man just that much harder. 
 
 The claim is made that this is the work of senority. Sen- 
 iority simply asks that a man be given a chance to demon- 
 strate his ability. If there is any man desirous of his place 
 who stands lower upon the ladder of time and can prove su- 
 perior qualifications for the position, it is simply the fault 
 of the official that the services of the best are not obtained. 
 Differences and disputes will arise, but we should ever keep 
 in mind the interests and rights of others, and remember we 
 are both servants of the public we serve. 
 
 We can easily compare the position of the locomotive 
 engineer with the office of the president of the railroad;
 
 Railroads and the Public. 9 
 
 the more we go into the details of either the easier the 
 comparison becomes. The one is selected to take charge 
 of a locomotive attached to cars, and is expected to fulfill 
 a certain contract entered into with th.e passengers, where- 
 by for value received the railroad agrees to deliver them at 
 their destination at a specified time. The other is chosen 
 by the directors to assume the responsibility of directing the 
 affairs of the railroad, that the company may be prepared 
 to meet all obligations when due. 
 
 If the engineer has an engine capable of furnishing the 
 necessary power, unless confronted by unforeseen obstacles, 
 his task may be a pleasant one, but if met with adversities, 
 such as breakdowns, low steam or head winds, every econ- 
 omy of power must be practiced to bring the train in on 
 time. If the president is furnished a railroad not too heavi- 
 ly burdened by overcapitalization, with its consequent drain 
 upon the revenues of the road, his task may be a pleasant 
 one, but if met with such adversities as dull times, or many 
 of the causes leading up to decrease of net revenue, he 
 must lay himself open to adverse criticism in order to fulfill 
 his agreement. 
 
 At a convention of railroad men held in Topeka, Kan., 
 President Roosevelt uttered words consistent with his life 
 and character. He said in part: 
 
 'T have a great deal of faith in the average American 
 citizen. I think he is a pretty good fellow, and I think he 
 can generally get on with the other average American 
 citizen if he will only know it. If he doesn't know it and 
 erects him into a monster in his mind, then he won't get on 
 with him, of course; but if he will take the trouble to know 
 it and to realize it that he is a being just like himself, with 
 the same instincts — not all of them good — the same desire 
 to overcome those that are not good, the same purposes, 
 the same tendencies to shortcomings, the same desires for 
 good, the same need of striving against the evil — if he
 
 lO Railroads and the Public. 
 
 will realize that, and if you can get the two together with 
 an honest desire each to try, not only to help himself, but 
 to help the other, most of our problems will be solved." 
 
 The above wholesome doctrine most aptly applies to the 
 railroad employees. There is a "monster" in every branch 
 of every department of the railroad, and it goes by the name 
 of "they." 
 
 The engineers speaking of "they," allude tc the master 
 mechanic and superintendent. 
 
 The same men would be greatly surprised to hear a simi- 
 lar assertion concerning themselves made by the firemen or 
 machinists. The engineers would be likely to enquire if 
 these men did not ask for work when they came, and if they 
 did not receive pay for the same. The locomotive engi- 
 neers feel greatly aggrieved if obliged to take out engines in 
 bad order or steaming poorly, justly claiming some recogni- 
 tion if success is attained under such conditions. To whom 
 should they look for the credit we feel due for work well 
 performed ? 
 
 The president is selected by the board of directors io ex- 
 ecute the policy of the railroad. He secures the assistance 
 of vice-presidents, to whom he delegates traf^c, operating, 
 law, maintenance of way, etc., etc. 
 
 The vice-president, responsible for traffic, appoints a gen- 
 eral manager, who will reflect the ideas of the vice-presi- 
 dent upon the officers selected to receive them in the various 
 departments. Divisions are made in these various depart- 
 ments, and we come down to the division superintendent 
 and the division master mechanic. 
 
 These men issue notices and orders, inspired by the gen- 
 eral officers, and possess little or no initiative. An 
 instance is known where a superintendent in 
 deciding the penalty for infringement of a rule 
 took into consideration the previous good conduct of the 
 offending employee. For what was considered by a
 
 Railroads and the Public. ii 
 
 higher authority, far removed from the actual scene, to be. 
 too great leniency upon the part of the superintendent for 
 not depriving the family of this employee of the means 
 of livelihood for a greater length of time, the superintend- 
 ent received what would practically be considered a repri- 
 mand. In the light of these facts the superintendent and 
 master mechanic are not the "monsters" we suppose them 
 to be. There must be a cause and some one responsible 
 for the existing conditions upon the railroads. With due 
 deliberation, I desire to say there never was a time in rail- 
 roading when employees received as good wages, when 
 their labors were as light and hours of employment as rea- 
 sonable as at the present time. And, in the face of these 
 facts, there never was a time when there was less interest, 
 more discontent, uncertainty and dissatisfaction than exist 
 today. For the cause of this the opinion of one man is 
 as good, as another's ; my guess, speaking in general, would 
 trace it to too much system (red tape), destroying united 
 interest. 
 
 As an engineer, I would trace the cause to the pooling of 
 engines, and to seniority as it is applied. 
 
 In the earlier days of railroading the engine was con- 
 sidered as almost the personal property of the engineer. 
 Later a policy was adopted which was expected to bring 
 greater returns from the capital invested in the motive 
 power. This was the policy of pooling the engines, which 
 had the effect of destroying the spirit of individual interest, 
 and the results are very apparent to all concerned. 
 
 As to seniority. "Rights of engineers to preference of 
 runs shall be governed by seniority in service. An en- 
 gineer losing his run by reason of its having been discon- 
 tinued, or having been taken by an engineer his senior, or 
 for any reason not brought about by any fault of his own, 
 shall be entitled to take any run on the same division held 
 by an engineer his junior in seniority."
 
 12 Railroads and the Public. 
 
 This is a rule in vo^iie on many of our railroads, made 
 some time ago upon the request of the employees, and aimed 
 to destroy the practice of favoritism. It is a question 
 whether or not the effect of this rule, or its possibility for 
 harm to lx)th the company and the employees, was un- 
 derstood at the time of making the request. 
 
 To instance the effect of this rule, a case can be men- 
 tioned where a change was made in the run of an engineer 
 rated high on the list of seniority. This change, which was 
 a misfortune, to one man, made it possible to break up the 
 home life of every man his junior in seniority. There is 
 always a general feeling of uncertainty as to the stablity of 
 employment or permanent place of abode. 
 
 President Eliot, addressing an audience in Boston upon 
 the subject of relations between employer and employee, 
 stated : "It is an intensely interesting inquiry what modifi- 
 cations of existng labor conditions will tend toward per- 
 manent industrial peace, and be absolutely consistent with 
 the democratic ideal of liberty. To that inquiry I turn." 
 
 He then enumerated the following conditions as desir- 
 able for the workingman : ( i ) Steadiness of employment. 
 (2) Settled place of abode. (3) A voice in the discipline 
 and management of works. 
 
 Steadiness of employment is reasonably desired by both 
 the workman and the employer. ******* 
 
 "Another common need for w^orkmen and employers is 
 that condition of labor which permits the laborer to have 
 a settled place of abode. A nomad population can hardly 
 be a civilized one. Only a firmly settled laboring popula- 
 tion, which desires and expects to pass its life in one spot 
 can be really happy and contented and produce good citi- 
 zens. The family which lives without love of its home, or 
 pride in its local surroundings, is not the kind of family 
 a free state needs. It cannot procure some of the most 
 solid advantages of life. It cannot develop in its children
 
 Railroads and the Public. 13 
 
 the sentiments on which patriotism is founded. Hence, 
 durable improvement in the condition of any body of labor- 
 ers must contemplate a localized industry and terms of 
 employment which make possible the creation and preserva- 
 tion of permanent homes. 
 
 "It follows that employers or associations of employers 
 that import, or bring from afar, wandering work people 
 having no local attachments, impair the prospect of estab- 
 lishing just and satisfactory relations between capital and 
 labor. 
 
 "From this same point of view it is undesirable that the 
 managers of a business conducted by a large corporation 
 should be non-resident. The managers of a factory ought 
 to live in the same place with the work people, in order 
 that they may all have local interests and daily friendly re- 
 lations. On the other hand, so far as labor unions encour- 
 age or compel the migration of laborers from one place 
 to another, abandoning employment here, enlisting there, 
 and forming one connection after another without any 
 intention of settling anywhere, they postpone the only satis- 
 factory solution of the laboring man's problem — a secure, 
 steady employment at wages which will make a settled 
 family comfortable." 
 
 Upon another occasion President Eliot, speaking at the 
 Colonial Club, Cambridge, on "Labor Unions From the 
 Educator's Point of View," is quoted in the Boston Even- 
 ing Transcript of November 24, 1902, as saying in the 
 course of his remarks : "The making of a permanent home 
 means that the home creator has opportunity to form local 
 attachments, to evince public spirit, and to win for himself 
 local reputation among his neighbors. Neighborhood repu- 
 tation is the most rewarding kind of reputation. These 
 aids to the development of character, and these sources of 
 happiness the nomad workman loses completely. There- 
 fore a wandering, unattached condition for labor is always
 
 14 Railroads and the Public. 
 
 unhappy and inexpedient, whether we regard the interests 
 of the individual or the interests of society." 
 
 "In view of this situation it is manifestly important to 
 discuss frankly and publicly any labor union doctrine or 
 practices which seem dang^erous to society or hurtful to 
 the men who adopt them." This is especially true of em- 
 ployees of all public service corporations, but more particu- 
 larly so of the men employed by our steam railroads. Many 
 men look upon our railroads as though deriving a revenue 
 from an ever fiovving source, the distribution of which is 
 of little, if any, consequence. Yet it is ever the public that 
 has to suffer for our indifferences. 
 
 To discuss these subjects frankly, one must be inde]")end- 
 ent of corporation influences, fearless of the criticism of 
 the thoughtless, and above the hollow praises of the dema- 
 gogue type.
 
 Railroads and the Public. 15 
 
 CHAPTER 11. 
 
 THE RIGHTS OF AND OBLIGATIONS TO THE PUBLIC BY AN 
 
 OBJECT LESSON. 
 
 There are certain conditions every man seeking- employ- 
 ment upon a railroad should carefully consider and be pre- 
 pared to accept, to wit, the rights of the public and our 
 duties and obligations to the same. These obligations ex- 
 tend so far that practically little difference can be found 
 between the position of the railroad employee and that of 
 the enlisted soldier, in the relations of each to the public. 
 
 It sometimes happens that it is not until we have a per- 
 sonal interest in some case that we are aroused to appre- 
 ciate how much depends upon each of us individually as 
 employees of the railroad to make possible the successful 
 completion of well laid plans of a large number of pass- 
 engers. To emphasize this statement the introduction of 
 a personal experience may be considered pardonable. 
 
 As I sat upon my engine, attached to one of the early 
 morning trains from Plymouth, orders were received to 
 take extra cars in anticipation of increase of travel. 
 
 Noticing the apparent dejected spirit of the fireman as 
 we made the engine ready for the trip, I inquired the cause 
 and learned that the young man's mother, living in a city 
 some miles from Boston, was in poor health, and he had 
 promised to see her that day. A difference of four min- 
 utes existed between the scheduled arrival of our train and 
 the departure of the train he wished to take for the home of 
 his mother. 
 
 No thought of failure to make this scheduled time had 
 occurred to him; but now with this extra load upon an en- 
 gine already over -loaded, or at least taxed to her capacity,
 
 1 6 Railroads and the Public. 
 
 his hopes faded, and the thought of the disappointment to 
 his sick mother made him sad. 
 
 Too many railroad men give up to adversities without a 
 creditable effort to win. Such men are not moulded from 
 the material that makes successful railroad men. No 
 man knows his full abilities until he meets emergencies. 
 What more inspiring ground in the world could be chosen to 
 advocate these principles than that where we stond. in old 
 historic Plymouth? 
 
 Hear the surf breaking upon Brown's Island with the 
 same ominous roar that greeted the little band of mariners 
 aboard the Mayflower. See the very stone the Pilgrims 
 stepped upon; the threshold of the first colony in New Eng- 
 land. Scarcely eighty rods away is the spot where that 
 sturdy warrior Myles Standish built his fort and infused 
 by his indomitable will the spirit of hope and success in his 
 C(jmpanions. Across Duxbury Bay, erected upon Captain's 
 Hill, we can see the monument in memory of this man to 
 whose courage all New England owes so much. Standing 
 upon such historic ground, is the man worthy of the name 
 American that will submit to failure without a trial for 
 success ? ( Admitting our trip will be a fight against odds, 
 we will try and make Boston on time.) Insi)ired by these 
 surroundings or encouraged by the hope that the mother 
 awaiting his coming would not be disappointed, a look of 
 determination grew upon the face of the fireman, and the 
 spirit was shown in every action as he completed the ar- 
 rangement for the trip. 
 
 Starting on time, and leaving the "short line" at 
 Kingston, our way was via the South Shore through 
 Duxbur\'. We are still upon historic ground and pass 
 the spot where John Alden built the home for 
 Priscilla, that fair Puritan maiden. From Duxbury 
 and Green Harbor, we take as passengers many men prom- 
 inent in business and affairs of state. From Marshfield to
 
 Railroads and the Public. 17 
 
 the next station is about three miles and a cHmb of a three 
 per cent, grade. The load tells upon our engine, and here 
 we lose our first minute. Two more minutes are lost at 
 Marshfield Hills, where we take water and load express. 
 Over the level track, and the North river marshes, our 
 engine races to pick up a minute of this lost time; the hopes 
 of the fireman rise and fall with the slightest variations on 
 the steam gauge, but his determination has become fixed, 
 while his energies are taxed to the limit. Full well he knows 
 the footboard of a locomotive is no place for a weakling 
 in either mind or body. We pick up a minute only to 
 lose it again at Greenbush station; here watching the fire- 
 man drink from the jug filled at the spring, I am re- 
 minded that a short distance down the lane from this sta- 
 tion is "the orchard, the meadow, the deep tangled wild- 
 wood'' made immortal by Woodworth. We have no time 
 for reveries, for under existing conditions these three min- 
 utes mean so much. From Scituate to Egypt, upon 
 either side of the track, is beautiful Dreamwold. On our 
 left, coming down the long circuitous drive, guiding a pair 
 of mettlesome thoroughbreds, is the owner of this ideal 
 place. We race side by side to the station, where, passing 
 the reins to the coachman, he hastens toward the train, 
 one can see in every action the independent spirit of 
 the author of "Frenzied Finance"; the man for whom this 
 train is called "The Lawson." 
 
 If we do not make the next fifteen miles in seventeen 
 minutes our rights are lost to another train. Many times 
 with a lighter train we have accomplished this, but it would 
 be reckless under existing conditions to attempt it today. 
 How often we suspend the most imporant matters to watch 
 the fire apparatus pass through our crowded streets; it is 
 not the high rate of speed that attracts us, buc v\''e admire 
 the nerve to dare, the courage to execute and none the less 
 the judgment to restrain.
 
 1 8 Railroads and the Public . 
 
 There are many things in common between the position 
 of one of these drivers and the work of a locomotive engi- 
 neer running an express train upon our railroads of New 
 England. 
 
 Each is prepared, through the faculties of a trained mind, 
 to act instantaneously in cases of emergency, yet in the 
 face of the gravest dangers each must preserve the utmost 
 self-control. 
 
 Boston is the only remaining stop for our train, and upon 
 that end we hope to make up the three minutes still against 
 us. 
 
 We slow for the reverse curves at Cohassett, where the 
 fireman catches a register clearance. 
 
 Back upon straight track again, we ask Boston for help. 
 Upon the back of a signal report blank, this 
 message is written and thrown to the next station 
 agent to be wired to Boston from there : Train 
 Dispatcher, Boston — 5076 at Braintree, 8.41. Hold 5078. 
 Now it is up to our engine. For six years we have been 
 together, she and I, and \i\)on the ])erformance sheet in the 
 train dispatcher's office not a failure can be traced to her. 
 Will she uphold her record today? We shut off for th6 
 curves through Hingham, and from her open safety valve 
 the escaping steam is hissing as though screaming her dis- 
 pleasure at being checked. As we swing through the curves 
 of the Weymouths the fireman skillfully feeds the fire as 
 she digests it. At 8.41 we pass Braintree; 5078 
 standing there. It is ten miles further to Boston: the fight 
 is not over yet. Through Quincy, Atlantic, Neponset — 
 and now for a "Garrison drive." We wind through the 
 tracks of the terminal into Boston, on time; demonstrating 
 what we can do if we try. Nothing to speak of, is this 
 run; if compared with what hundreds of engineers do every 
 day.
 
 Railroads and tlie Public. ' 19 
 
 In the afternoon the fireman was back from his mother's 
 bedside and I asked him for news from his home. He 
 repHed, ''My mother was watching so for me; how sad it 
 would have been, had I not come." 
 
 Upon our trip of that morning we carried some four 
 hundred people; they had paid toll to the railroad for safe 
 conveyance to their destination on the scheduled time; we 
 received our share of this money. Were we not at least 
 under moral obligations to perform our part of the agree- 
 ment? How many a good fellow's mother or sister or 
 loved one may be made sad if we fail ? 
 
 In these days of systematic methods of railroading, a pas- 
 senger can leave San Francisco, wire a business friend to 
 meet him at the Boston Terminal at a specified time four 
 days later, and, as a rule, keep the appointment. To make 
 this possible, requires that each person interested perform 
 his allotted duty in connection with the purpose. 
 
 In our local service the delay of a few minutes may mean 
 the loss of an hour's employment, with its consequent loss 
 of wages, to some shop girl or mechanic going to their 
 work. There are times when the interests of hundreds 
 may be jeopardized by the delay of a particular passenger 
 reaching "the tape" on time. 
 
 Were these facts more generally considered much better 
 service would unquestionably result, and the railroad em- 
 ployees would attain a stronger influence upon the public 
 good will. The necessity of having the support of public 
 opinion is every day becoming more and more apparent to 
 labor organizations. Owing to the many ill-advised and 
 poorly-conducted strikes and boycotts the sympathies of the 
 public are gradually drifting from the cause of organized 
 labor. 
 
 When we lay claim upon these sympathies of the public 
 and ask that their influence should be exerted in our be- 
 half, we should be prepared to show our claim is based
 
 20 Railroads and the Public. 
 
 upon the principle that we are entitled to this consideration 
 for value the public has received. 
 
 Looking alx)ut for a means by which it would be pos- 
 sible to exemplify our desire to aid in all matters affecting 
 the interests of the public, naturally we turned to that body, 
 which unquestionably represents in the highest degree the 
 industrial and commercial interests of Massachusetts, the 
 Boston Chamber of Commerce. 
 
 i
 
 Railroads and the Public. 21 
 
 CHAPTER III. 
 
 THE LABOR ORGANIZATIONS IN THE STUDY OF POLITICAL 
 
 ECONOMY. 
 
 Fortunate indeed is this influential body, composed 
 of the ablest and most representative business men of Mas- 
 sachusetts, to have at its head two men of such marked 
 ability as President Henry M. Whitney and Elwyn G. 
 Preston. Many times it has been my pleasure to 
 listen to these men elucidate problems in commerce, and 
 champion the cause of friendlier trade relations Mrith our 
 nearest neighbors. It is hard to conceive how the logic of 
 their reasoning, supported by the facts ever at their com- 
 mand, can fail to appeal to all advocates of a "square deal." 
 
 While performing the duties of the legislative agent of 
 the Brotherhood of Locomotive Engineers, the author was 
 an interested spectator at the hearings held at the State 
 House upon the question of reciprocity with Canada, and 
 was most favorably impressed by the arguments in favor of 
 the same. It indicated that the working people of New 
 England might reasonably expect large reductions in the 
 necessaries of life, as well as added comforts to the home. 
 
 The representatives ojf our leading industries were re- 
 corded in favor of the measure. The railroad men should 
 be and are favorable to any influence that will tend to in- 
 crease business, inasmuch as they will be directly benefited 
 with the public. Whatever influence will improve the 
 business of Massachusetts will bring more passengers to 
 our cars, more cars to our trains, and will put more trains 
 upon our railroads. 
 
 Why should we hesitate to endorse reciprocity as a 
 means of obtaining an increase of business, when we are
 
 22 Railroads and the Public. 
 
 advised by the leading- bankers, the largest manufacturers, 
 the most successful merchants that friendlier trade rela- 
 tions with Canada will improve the industries of Massa- 
 chusetts ? 
 
 There is another factor in railroad receipts that must be 
 seriously considered, and that is the positive decline in our 
 export trade. Without recourse to statistics this is notice- 
 able about us every day. 
 
 The costly appliances for handling shipments of grain 
 are practically idle in the port of Boston, or bolstered by 
 artificial means by the officials of the railroads, in an ef- 
 fort to get back the grain trade now gone perhaps forever. 
 
 Cotton coming to Boston, New York or Baltimore has 
 been diverted to what must be admitted to be its natural 
 channel, the gulf ports, from which steamship lines have 
 been established. The transportation of beef from Kan- 
 sas City must also eventually be influenced to a considerable 
 extent by the gulf competition. 
 
 The proximity to coal and other supplies is gradually 
 drawing the iron industries, that have not already moved, 
 to the West, while for the same reason our cotton indus- 
 tries are being drawn to the South; leaving for New Eng- 
 land her historical past, her universities and her summer 
 resorts. 
 
 That these conditions are of sufficient moment to warrant 
 anxious investigation has been shown by the deep interest 
 upon the part of those who have been managing the steam- 
 ship lines from Boston. They inform us we must look 
 to the country to the north and northeast of us if we are 
 to maintain our position as a commercial port, and we must 
 offer such inducements as will secure the produce of Can- 
 ada that should come to us for export. 
 
 For six months of the year Montreal is not accessible 
 by steamers. The St. Lawrence is frozen, and they have 
 to seek an outlet by rail. Boston is the port that should re-
 
 Railroads and the Public. 23 
 
 ceive these shipments all the year round. Millions have been 
 expended in deepening and removing obstructions from thg 
 St. Lawrence, and in the summer time when the water routes 
 are open, the transportation of freight is conducted to a 
 large degree through these channels. We have the highest 
 authority in commercial affairs to say if we had reciprocity 
 with Canada, that a valuable trade would develop between 
 Boston and the Dominion. 
 
 Yet we are advised by professional politicians that we 
 must wait for ethical reasons until the time is ripe before 
 we make any effort to improve these conditions. Upon 
 ethical principles there are no men better prepared to ex- 
 press opinions than the railroad employees. In our organ- 
 izations we are all affiliated with and under the same laws 
 as our Canadian neighbors, and in our organizations we 
 are ever striving to strengthen these ties. 
 
 It is fair to assume that the nearer we draw to each 
 other commercially the more united we will become. 
 While Canada and Newfoundland have sought a modifica- 
 tion of existing tariff conditions the most strenuous opposi- 
 tion to such treaties as have been drawn has been taken by 
 certain political leaders in the U. S. Senate. It is becom- 
 ing more and more apparent every year that the continu- 
 ing of this policy of exclusion of the natural products of 
 these, our nearest neighbors, is detrimental to the indus- 
 tries of New England upon the prosperity of which our 
 railroads depend. This is especially true considering the 
 present strong agitation in favor of rate regulation. 
 Should a law be enacted giving to a governmental commis- 
 sion the power to fix rates, this may be used as such power 
 as is already in the hands of the Interstate Commerce has 
 already been used to divert traffic from the ports of Boston 
 and New York to such ports as are nearer the supply. In 
 the face of such probability it appears to us a matter of 
 self interest if for no more laudable reason that railroad
 
 24 Railroads and the Public. 
 
 men should unite and assist the Boston Chamber of Com- 
 merce in securing' the passage of such legislation as will 
 tend to the enlargement of our trade with Canada and 
 Newfoundland. For this reason, as well as to show the 
 public our interest in all matters of such general import- 
 ance we freely contributed our time and our money without 
 compensation either directly from any source whatsoever. 
 That our services were appreciated is shown by the fol- 
 lowing letter: 
 
 Boston Chamber of Commerce. 
 
 Boston, Mass., April 2y, 1905. 
 
 Mr. J. E. Miles, Plymouth, Mass., 
 
 Chairman Legislative Board, 
 
 Brotherhood of Locomotive Engineers. 
 Dear Sir: 
 
 I think the work you suggest doing in connection with 
 promoting commercial reciprocity between the United States 
 and Canada, and which, indeed, you have already done to 
 a very substantial extent, is admirable and cannot fail to 
 be productive of good results. Not only are we glad of 
 the assistance which I feel the work conducted in the man- 
 ner you indicate can be, but I consider it a most hopeful 
 sign that influential labor organizations such as yours are 
 taking an active and intelligent interest in commercial prob- 
 lems and their proper solution. It Indicates the growing 
 recognition of the fact that the interests of capital and 
 labor are identical, and that the prosperity of labor is un- 
 separably bound up with the general commercial prosperity. 
 
 I think the Brotherhood of Locomotive Engineers, an 
 organization which stands, I think, for the most intelligent 
 consideration of these questions, might well take the lead 
 in stimulating interest among labor organizations generally
 
 Railroads and the Public. 25 
 
 in these larger questions which concern the general public 
 welfare. 
 
 If I can be of any service to you in this connection by 
 advice or otherwise, do not hesitate to call upon me. 
 
 Very truly yours, 
 
 Elwyn G. Preston, Secretary. 
 
 As Gladstone has exemplified, "Great evils are cured and 
 revolutions are brought about by protestation, agitation 
 and demonstration." 
 
 It is hard to expect in one campaign to cure the result 
 of what many believe to be the greatest diplomatic error 
 of the past 39 years, ^^^e appreciate the fact that we must 
 face opposition and expect many set-hacks, but the cause 
 for which we contend 1? right and must prevail in the end. 
 Some tell us Canada no longer cares for reciprocity or our 
 friendship; that we are awakening too late to the realiza- 
 tion of the value of the prize that might have been ours. 
 Others tell us that we are natural rivals and competitors, 
 and that we should not expect to be friends. 
 
 We cannot believe that this is necessarily true. 
 
 Canada has a w^ealth of natural resources and beauty. 
 
 We have riches, power and influence. Surely the fruits 
 of such a union should bring benefits to both. Will it not 
 be a bright chapter in the history of the Brotherhood of 
 Locomotive Engineers if we are able to show that we have 
 been an influencing factor in bringing about this union? 
 It is an ideal w^orth striving for — the fellow who sticks 
 wins. "Amongst us democrats" every man is a king. No 
 engineer ever pulled President Roosevelt who did not feel 
 the friendly clasp of his hand. Many times we have had 
 occasion to seek advice from men in prominent positions 
 and high professional standing and invariably received 
 every consideration and courtesy it was possible to extend. 
 Encouraged by these facts it was decided to enter the di-
 
 2(i Railroads and the Public. 
 
 plomatic field and go to Canada and study the situation for 
 ourselves. 
 
 A favorable opportunity was afforded to obtain the de- 
 sired information in the annual Union Meeting of the 
 Canadian members of our order. 
 
 July 2d we started from Boston; our destination was 
 Riviere Du-Loup. Our party had been augumented by dete- 
 ctions from other parts of New England, until at New- 
 port, Vermont, that night we registered eighty-three. 
 
 Upon the hotel piazza and by the shores of Memphra- 
 "^sg'og'- reciprocity with Canada was discussed. Upon the 
 lake many pleasure parties admired the beautiful sunset in 
 Canada, unconscious of the fact they had crossed the line. 
 It was the customs official next morning who showed us 
 where this line is drawn. 
 
 At Levis we reach the St. Lawrence; upon the opposite 
 shore is Quebec. W'^hile we were impressed b)-" its grandeur 
 we were also awakened to the commercialism of the scene 
 by the fleet of merchant marine. At the docks were mam- 
 moth ocean going steamships, sailing vessels and pleasure 
 craft of every description. Steaming swiftly with the 
 tide and river was a heavy-laden liner outward bound. 
 
 We asked a gentleman near us : "You cannot have 
 this when it's cold?" 
 
 He replied : "We will fix all that in good time — from 
 Labrador to Newfoundland is eight miles. Surveys have 
 been made to dam the Straits of Belle Isle, shutting out 
 the ice from the north, turning the gulf stream upon our 
 shores, and then we'll have this all the time." 
 
 At Riv.-Du-Loup the committee of arrangements had 
 expected six or eight hundred, but found thousands had to 
 be provided for, but all were well taken care of and the best 
 of good nature prevailed. 
 
 It was the night before the Fourth of July, and we wanted 
 to celebrate. That we might not be misunderstood we 
 asked if there would be objection.
 
 Railroads and the Public. 27 
 
 Contrary to our expectation all joined heartily in the 
 festivities, and from the piazza of our hotel applauded our 
 efforts and enjoyed the red fire. The next morning small 
 flags were provided as badges, and these w^ere worn by all. 
 
 On our way to the place of the meeting, Phil Jones was 
 stopped on the street by an aged man, who caressed the em- 
 blem as though he had met with a friend. "Uncle Sam — 
 I fought for him at Antietam," then he silently turned 
 away. 
 
 After dinner at Hotel Victoria an old man looked long- 
 ingly at the flag worn by Riley. "I fought for that flag, 
 sir; I was in Andersonville prison, too." Instantly the 
 badge was affixed to the breast of the veteran, and as these 
 two men clasped hands not another word was spoken by 
 either, but a strange moisture was seen in their eyes as 
 each passed on his way. 
 
 And yet, they tell us we cannot be friends. At our Bro- 
 therhood meeting were engineers from all parts of Canada, 
 and as far south as Texas. States as far west as Cali- 
 fornia sent delegates to this meeting. At no meeting in 
 our memory were so many Grand Officers of our organiza- 
 tion present as at this meeting in Quebec. To them we 
 outlined our purpose and explained what we hoped to ob- 
 tain. 
 
 The next morning arrangements had been made for an 
 excursion out on the Temiscouta Railway. A special train 
 of thirteen cars and two engines was furnished by this 
 railroad for the pleasure of such of our party as cared to 
 go over the line. Upon this trip we saw thriving centres, 
 boom towns, where six years ago there was scarcely a 
 house. The lumber mills have made all this possible. The 
 products of these mills are carried by rail to the States or 
 transferred to steamers at Cacouna for shipment abroad. 
 
 Upon this trip we talked of schemes for the good of the 
 order; schemes for promoting closer cooperation with our
 
 28 Railroads and the Public. 
 
 officials by means of which we could all work together and 
 from which mutual benefit could be derived. We discussed 
 at some length the effect of friendlier trade relations be- 
 tween United States and Canada, and all agreed that to 
 men interested in transportation there could be but one 
 side to the case. 
 
 It appears to be the most logical conclusion that it would 
 be to the advanatge of all if we could have loads each way. 
 
 Having loads each way — is not that the true definition 
 of reciprocal trade? By the lake, at the hotel and in the 
 shade of the trees, one could not help but feel impressed by 
 the earnestness with which these matters were discussed. 
 
 Strolling from group to group one could readily discern 
 the leaders amongst these men. Fortunate, indeed, is our 
 organization in Canada to have in these leaders, coupled 
 with ability, the principles of good judgment and honesty 
 — the cardinal virtues in leaders of men. 
 
 The next morning arrangements having been made with 
 the Richelieu and Ontario Navigation Company, the 
 steamer Murray Bay was brought from Montreal for a trip 
 to Tadasac and up the Saganay river to Ha Ha Bay. At 
 eight o'clock we left Cacouna, the "Newport of Canada," 
 which may well be described as beautiful, and in admiring 
 the scenery we were soon using such adjectives as grand, — 
 wonderful. 
 
 At Cape Trinity and Eternity magnificent perpendicular 
 mountains of rock nearly 2000 feet high, at whose base our 
 steamer floated upon the placid waters of the river more 
 than 2000 feet deep, we could find but one word to express 
 our sentiments, and that word was — sublime. 
 
 Upon Cape Trinity a statue of the Virgin Mary has been 
 erected by a pious Frenchman of Quebec, who wished to 
 perform some pious act before he died to atone for his short- 
 comings. This statue is 32 feet high, yet from the deck of 
 our steamer it did not look larger than a doll. We stopped
 
 Railroads and the Public. 29 
 
 on our way back at Tadasac, the oldest settlement in Can- 
 ada, visited in 1535 by Jacques Cartier. 
 
 Here we visited a little old church built in 1648 to take 
 the place of the log hut that served as a chapel in 1639. 
 
 Much pretty folk lore is connected with this little parish. 
 
 There are good hotel accommodations, and many things 
 to attract the tourists. There were many pleasant incidents 
 upon this trip that are long to be remembered, not the least 
 of which were the pleasant moments spent with Messrs. 
 Bouskell, George Mee and Kennedy, men known from 
 ocean to ocean in Canada, and respected wherever known. 
 
 It was in the presence, in fact, in the arms of these men, 
 at a banquet in Winnepeg, held in his honor that P. M. Ar- 
 thur breathed his last. Can any man doubt were he living, 
 but that he would have approved of our work of today? 
 
 That night as our boat lay at the pier at Cacouna, o'er 
 our pipes we discussed with our Canadian brothers the pur- 
 pose for which we came. 
 
 Tn the morning we started for Quebec. We were all 
 well acquainted by this time, and greeted each other with 
 an utter lack of formality. Many of the engineers were 
 accompanied by their wives, daughters, or sisters. 
 
 The time was spent by some in watching the scenery 
 upon either river bank. Others were singing or dancing, 
 while a few, in secluded corners, were advocating a line of 
 reciprocity not touched upon by the Boston Chamber of 
 Commerce. When women exercise the right to vote they 
 will organize an old maid's trust, call it the ladies' auxiliary 
 to the Home Market Club, and influence legislation for 
 protection against foreign competition. Today our single 
 old ladies and embryo spinsters must depend upon the im- 
 migration officials to protect their interests. They may 
 employ legal counsel to prove a promise to "love, honor and 
 obey" given in consideration of value to be received, is an 
 infringement of the contract labor law.
 
 30 Railroads and the Public. 
 
 Why not settle all these questions at once. Settle them 
 as they should be settled. Settle them rightly. Wipe out 
 this so-called imaginary line. Gladstone's policy, if per- 
 severed in, can accomplish this act. 
 
 However, the gentlemen from Boston are not discussing 
 the matrimonial f|uestion seriously; they refuse to be in- 
 fluenced by President Roosevelt's advice, or coerced by the 
 opinion of Grand Chief Stone, who would have them be- 
 lieve unless they're married they're losing the pleasures of 
 life. 
 
 While admitting the loss of conjugal affection, as en- 
 joyed by some of their fellows, they console themselves 
 with the thought. " 'Tis better thus, a happy bachelor, and 
 better than a wife; a friend, alone, with only half to worry, 
 and more than twice as much to spend." 
 
 Those opposed to this reasoning will be given an oppor- 
 tunity to put in their side at the meeting to be held in St. 
 Thomas in 1906. 
 
 During these days that we have been together with men 
 who represent in the highest degree the true sentiments of 
 our order, not one dissenting opinion was heard to our 
 views. We are perfectly satisfied with the result of our 
 labors, and willingly, without argument, we submit our 
 case for your decision. 
 
 While our duties were light and mixed with much pleas- 
 ure, yet we at all times kept our one purpose in view. 
 Shaking off all cares, and in perfect abandon, we decided to 
 spend a few days in Quebec, whose shore we are now draw- 
 ing near. 
 
 While admiring the Falls of Montmorency we turned to 
 view, with rapture, the Citadel of old Quebec, with the 
 Chateau Frontenac, this palace hotel in the foreground, in 
 perfect accord with the scene. Recalling the history of 
 this city we thought of Cartier and Champlain, and Fron- 
 tenac's reply to Phipps. As we looked at the guns on the
 
 Railroads and the Public. 31 
 
 citadel, we imagined how impressive this answer could have 
 been. We thought of Wolf and Montcalm, and of the 
 plains of Abraham. We remembered Montgomery and 
 Arnold, and asked ourselves, had they succeeded? What 
 then? 
 
 Once more saying good bye to our friends, we walked 
 up the streets of Quebec, and enjoyed every step that we 
 took. While the beauties and pleasures of this historic city 
 have been written in story books, time tables and tourist 
 guides, it can never be appreciated until seen. 
 
 In the evening we watched from the King's Bastion the 
 sunset behind the Laurentian mountains, casting a golden 
 hue upon the clouds of the western sky, while in the valley 
 by the side of the river were the picturesque houses of the 
 habitant in view. 
 
 Could this picture be painted on canvass it would be con- 
 demned as untrue. 
 
 Below in the river, handsome pleasure yachts rode at 
 their anchors, while the Montreal steamer passed. From 
 the churches the angelus tolled, the same as for hundreds 
 of years. From the barracks the bugles sounded, and we 
 almost feared we would wake up. 
 
 The full moon, like a ball of fire, crept slowly up from 
 behind the heights of Levis. It all seemed too real to be 
 true. We slowly descended to the terrace and mingled 
 with the fashionable throng, there listening to the band 
 playing Dixie. We grew lonely, thinking of loved ones at 
 home. 
 
 Earlv the next morning we strolled upon the ramparts 
 and later accepted the courtesies extended by the Quebec 
 Railway Light and Power Co. to go over their line. At 
 the Montmorency Falls an interesting hour was spent about 
 the park and watching the water tumble from a precipice 
 250 feet high. The entire quantity does not come 
 this wav, for the Montmorencv has been "har-
 
 32 Railroads and the Public. 
 
 nessed," held back, turned throug-h another channel 
 and made to generate the power that operates 
 the railway, lights the city of Quebec, and turns the 
 shafting of a large numl^yer of manufacturing plants. The 
 stop at Montmorency Falls was only incidental to our real 
 purpose, which was a visit to the far-famed shrine of St. 
 Anne De Beaupre. Of this place, among other things, 
 it is told by tradition that in the early part of the seventeenth 
 century some Breton mariners, who were overtaken by a 
 violent storm while out upon the river, solemnly vo\ved to 
 their patron saint that, if delivered from the dangers sur- 
 rounding them, they would build a church in her honor on 
 the spot at which they would land. Faithful to their vows 
 they built the church, which has ever been known as La 
 Bonne Ste. Anne. This humble sanctuary was dear to all 
 the people of the Cote Beaupre, but especially so to the mar- 
 iners. They would come to the chapel before leaving on 
 their trips to pray and place themselves in the care of the 
 "Patroness of the Seafarers." The purpose that was back 
 of the building of this church naturally appealed to the sym- 
 pathies of the people and attracted others from the sur- 
 rounding country and Quebec to come to pray to St. Anne 
 in her little wooden chai>el, to intercede in their behalf for 
 
 blessings they wished to obtain. 
 
 In this way, more than 250 years ago. the pilgrimages 
 began, which today visit the shrine from all parts of Can- 
 ada and the United States. 
 
 We. were prepared to be impressed by what we should 
 see at the shrine, yet, notwithstanding this fact, we were 
 immeasureably surprised. Alighting from the train we saw 
 the Basilica, handsome and majestic, erected by the people 
 as a token of love and veneration to the memon.^ of their 
 beloved Benefactress. It is a fine specimen of Corinthian 
 architecture and is of immense proportions. The interior 
 of the sacred edifice is said to rival the most famous cathe-
 
 Railroads and the Public. 33 
 
 dral of the world in beauty and grandeur. As we entered 
 the church we passed between two pyramids of crutches, 
 canes, trusses and splints, upon which are hung spectacles, 
 ear trumpets and surgical instruments of every description 
 left by their former owners as silent testimonials of the 
 saint's intercession in their behalf. Passing down the aisle 
 we came to a handsome statue of St. Anne, which stands 
 upon a marble pedestal, to which some venerated relics of 
 the saint have been attached. 
 
 We entered one of the pews and watched the eager faces 
 of sufferers, many of whom have come bereft of all hopes 
 of relief to be obtained through the knowledge of science, to 
 ask intercession in their behalf. These suppliants knelt 
 before the statue, which stands over what is a reliquary of 
 the mother of the Virgin Mary. Watching them pray we 
 asked ourselves if it would not be a pity to weaken this faith 
 or dim what may be their only ray of hope? We saw 
 these people come and go, some apparently from the hum- 
 bler walks of life, crippled and suffering the torture of pain. 
 Others there were of a more cultured and refined appear- 
 ance, apparently blessed with all the comforts of 
 life, yet who can say which bears the heavier cross? 
 Coming as idlers and sightseers, we soon found ourselves 
 in an atmosphere entirely out of keeping with the spirits of 
 these souls. 
 
 The mentalists and ihe materialists have tried to explain 
 and to trace to natural causes the wondrous benefits received 
 at this shrine, as they have tried in other ways to explain 
 the mystery of life itself. 
 
 Their logic and reasoning is as a passing cloud 'neath a 
 clear sky, dimming for the time being the brightness of 
 light, but upon their going once more, the sunlight and 
 warmth returns, and so it has been for 2000 years. There 
 is a something that has never been explained: a something 
 which controls the body, this house we live in, which decays
 
 34 Railroads and the Public. 
 
 when this undefinable something called a spirit passes away. 
 
 Gradually it dawned upon us that in the midst of such 
 
 piety and faith we were as "the uninvited guest at the 
 
 feast." Slowly we left the church, resolved when we could 
 
 view its treasure with a spirit more in keeping with the 
 
 place we would come again. No man visiting this shrine 
 
 can go away doubting the fact that miracles are performed. 
 
 Joaquin Miller, more familiarly known as the "Poet of 
 
 the Rockies," says : "During the month I spent in Quebec, 
 
 I often conversed with men of quality, lawyers, writers, etc., 
 
 and I did not meet with any who doubted the efficacy of 
 
 prayer addressed to St. Anne. 
 
 "For my part, I have not seen the blind recover their 
 sight, but an English lady of great distinction, Mrs. G. P., 
 related to me the details of the cure of a little girl ten years 
 old. who had been blind from her birth. I never heard a 
 more charming and pathetic tale. .All that I know is that 
 it is true. The narrator is of most honorable family: she is 
 a friend of one of the greatest of living [xjets. and one of 
 her brothers is a literary celebrity. 
 
 "That lady led me one day into the humble chapel of the 
 convent of St. Anne. In a corner, a nun, dressed in black, 
 was kneeling. She was blind. She had come from a dis- 
 tance; she spent her whole days in prayer, waiting to be 
 cured. 'Will she recover her sight?' asked I. 'Yes, most 
 certainly,' answered the good lady, and she related marvel- 
 ous things she had witnessed at St. Anne's. 
 
 "That same day. 1 remarked in the church a poor old 
 man all crippled, and so weak that he could not even use 
 cratches. They helped him to drag himself as far as the 
 statue. He sank down at its foot. As I had not come to 
 pray, but to see, 1 attentively fixed my eyes on that man. 
 Nor could T easily detach them from thcJse features in which 
 feeling and life seemed extinct, and so deadly pale. Yet the 
 sufferer raised his head and his lips moved. \ will say no
 
 Railroads and the Public. 35 
 
 more, lest I might profane the subject. Let me merely add 
 that I saw the old man restored to health, if not to youth, 
 He arose, and I followed him as far as the door. There, he 
 took his travelling-bag and his stick, and began to walk 
 with a vigorous step. I followed him for a while. No 
 doubt could remain; he was cured. 
 
 "You may think it absurd that an old dreamer and an old 
 rhymer, who never had faith in any religion, and who never 
 had time to pray, should be caught relating such facts, giv- 
 ing his word of honor that all that has just been said is the 
 sober and perfect truth. But so it is, the truth, and T know 
 that the miracles attributed to St. Anne, the good St. Anne 
 de Beaupre, as they call her, are authentic, and that if mira- 
 cles were wrought in olden times, they are still wrought 
 nowadays. 
 
 "There may come, and doubtless there will come hither 
 many American travelers disposed to laugh at all they see. 
 Americans are so found of laughing. But, allow me to say 
 it, this feature of our national character, which makes us 
 smile at what we don't understand, and treat with contempt 
 ideas current elsewhere, sometimes goes a great deal too 
 far." 
 
 Returning to town, most of our party were bent upon 
 visiting the places of interest in a calache. The calache is 
 the vehicle in demand by the majority of tourists, and it is 
 a common sight to see one standing in front of a church or 
 monument while the photographer takes the picture of a 
 couple that despite all efforts to look natural, are showing 
 by unmistakable signs they're on their honeymoon. In our 
 drive we visited the churches, saw the convents and monu- 
 ments, telling of sacrifice and valor. We strolled into the 
 fort on the citadel, where a cannon captured in the Battle 
 of Bunker Hill is kept and shown as a prize. Perhaps the 
 English think that victory too doubtful to keep the relic at 
 home. They well might guard it carefully; it was all they
 
 36 Railroads and the Public. 
 
 could ever show. We suggested to some whom we met 
 here, that if they were in Charlestown on a 17th of June 
 they would know what we think of that fight. Standing 
 beside that old cannon we talked of Montgomery, the Bos- 
 ton Tea Party, and the men of '75. We felt justly proud 
 of Montgomery and longed to see where he fell. We told 
 one another the story of his march to Montreal, which he 
 entered without opposition, and how aferwards he entered 
 Quebec ! 
 
 He passed the plains of Abraham, no one opposing him 
 there. At the outskirts of the town he divided his forces, 
 which he hoped would meet at the foot of Mountain Hil' 
 and join in a combined attack. 
 
 Upon Champlain street Montgomery came upon a forti- 
 fied block house guarding the narrow pass. A murderous 
 fire of grape and canister was poured upon the general and 
 his followers. Montgomery and two of his aids, Majors 
 Cheesman and McPherson, were killed, together \vith thir- 
 teen of their followers. At the place where this fight oc- 
 curred we found on the side of the cliff a bronze tablet upon 
 which was inscribed: 
 
 "Here stood 
 
 The Undaunted Fifty 
 
 Safeguarding 
 
 Canada 
 
 Defeating Montgomery 
 
 At the Pres. DeVille Barricade 
 
 On the last day of 
 
 1775 
 
 Guv Carleton 
 
 Commanding at 
 
 Quebec. "
 
 Railroads and the Public. 37 
 
 While high up on the cliff a plain black wooden sign with 
 raised letters painted white, read : 
 
 "Montgomery 
 Fell 
 Dec. 31 1775." 
 
 This sign appeared cheap, almost a travesty upon the 
 memory of a brave man. Looking in our guide book* and 
 reading : "This sign-board was put here many years ago by 
 some generous-hearted Irish-Canadians residing in that part 
 of the city who raised the money necessary by a subscription 
 among themselves." The sign-board shone brighter than 
 gold when we read how it came to be there. 
 
 Home rule was tne watchword 01 Montgomery. Amer- 
 ica for Americans — what he sought to obtain. 
 
 Back in the lower town we took a boat up the river to St. 
 Romaldo to see the "new bridge." This bridge when com- 
 pleted will be the largest cantelever bridge in the world. 
 For more than fifty years this proposition has been agitated. 
 In 1852, at the request of the Citv Council, elaborate 
 plans were made for the erection of a suspension bridge at 
 this place. Adverse circumstances prevented the execu- 
 tion of these plans, but the political and commercial necessity 
 of this connection has ever been allowed. When the Mar- 
 itime Provinces came into the Canadian Confederation, in 
 1867, one of the conditions of this union was the building 
 of railway connection between Halifax and Quebec. 
 
 This condition was not literally fulfilled, for although the 
 Intercolonial Railway was built it came only to Levis upon 
 the opposite shore to Quebec. 
 
 To complete this national system a company was formed 
 in 1887 under the name of the Quebec Bridge Company, 
 but little progress was made for years. In 1896 a vigorous 
 press campaign led by a local Commercial Review, edited by 
 
 ♦Carrell's Guide to Quebec.
 
 38 Railroads and the Public. 
 
 Mr. Ulric Barthe, a journalist of wide political experience 
 revived the idea. 
 
 In 1897 the Bridge Company was reorganized, and 
 through the selection of Hon. S. N. Parant as President, 
 the success of the project was assured. Mr. Parant as 
 Mayor of the City of Quebec and Premier of the Province, 
 has gained a reputation of exceptional high degree, which 
 by his business skill and administrative ability he continues 
 to maintain. President Parant upon assuming the duties 
 of his office, secured the assistance of Mr. Barthe as the 
 secretary, and by the untiring efforts of these two men the 
 help of the Dominion Government and of the Province and 
 City of Quebec was secured. 
 
 In 1903 the Dominion Government under Sir Wilfred 
 Laurier, ensured the construction of a new trans-continental 
 railway, and considering the proposed bridge as a link in 
 that huge enterprise, granted to the company a national 
 guarantee of bonds to the amount of its estimates, viz: 
 $6,678,000. 
 
 The location selected for crossing the river is ideal for the 
 purpose. Two rocky embankments of the same height face 
 each other at this place, and narrows the river to one- 
 fourth of its average width. These natural portals which 
 nature has furnished are perfectly harmonious to the whole. 
 
 We found much to interest us in the progress already 
 made, and we discussed the effect it would have upon the 
 commerce of the States. 
 
 The late James T. Furber as General Manager of the Bos- 
 ton & Maine has stated as his opinion that the traffic between 
 Boston and Quebec would be doubled when a bridge crossed 
 the St. Lawrence at Quebec. 
 
 Since that time millions have been spent, and new capital 
 is being invested in what but a few years ago was practical- 
 ly a country unknown. 
 
 The Quebec and Lake St. John Railway are extending
 
 Railroads and the Public. 39 
 
 their lines and building branches to points where water 
 power may be utilized for manufactories, all of which for 
 at least several months of the year will use the bridg^e to 
 find an ice free port for their products. Assuming traffic 
 will take its natural course Boston should get a large share 
 of this commerce. 
 
 This railroad also opens up forests of spruce, cypress and 
 poplars, and such woods as are best fitted for pulp making, 
 while the valleys are said to be as fertile as any of all Can- 
 ada. When the bridge is completed, tourists and vacation- 
 ists coming from New York and the South, will enter 
 Quebec without change. It is hoped to make this possible 
 in 1908, and Senator Choquette is advocating celebrating the 
 event as well as the third centennial of the founding of the 
 city by an international exposition at Quebec. 
 
 In the evening we went to the Island of Orleans. Here 
 we watched the ships pass and enjoyed the cool breeze from 
 the river. The roar of the water tumbling over the falls of 
 Montmorency was distinctly audible, lending a charm to the 
 scene. As the lights of Quebec and Levis shone dimly 
 in the bright moonlight we listened to this story of Quebec 
 and Montreal. 
 
 Jaques Cartier, a native of St. Malo, France, who for 
 some years had been engaged in the cod fisheries of New- 
 foundland, fitted out an exploring expedition and came up 
 the St. Lawrence to Quebec. Leaving his ships he went on 
 to Hoclega, an Indian village, where he was kindly received. 
 
 He was conducted by his Indian hosts to the top of the 
 mountain, and was so impressed by the magnificent view 
 that he gave it the name of Mount Royal, and with a slight 
 corruption this gives us the Montreal of to-day. Nearly a 
 hundred years after this, or in 161 1, Samuel De Champlin, 
 a French naval oflFicer who for some years had been engaged 
 in trading expeditions along the gulf, came up the river and 
 founded a settlement at Quebec. About thirty years after-
 
 40 Railroads and the Public. 
 
 wards two gentlemen of France, a tax collector of Anjou, 
 and a young priest named Jean Jacques Olier, planned and 
 started with an expedition of some forty men and a few 
 women to found a colony at Montreal. 
 
 The fur trade was developed gradually, and after about 
 fifty years, Louis the Fourteenth commencing to show some 
 interest in the colony, sent over soldiers, settlers, farming 
 stock, and a number of young women as wives for the set- 
 tlers. Inducements were given to discharged soldiers to 
 settle in the new country. Land was given to officers of 
 the regiments who became the seigneurs and subdivided 
 the land, granted by the king, amongst their soldiers after 
 reserving sufficient for themselves. 
 
 This subdivision was made in narrow strips extending 
 some distance back. The plan had the purpose of concen- 
 trating the houses and created a line of sentinels ready to 
 give the alarm when the hostile Indians approached. The 
 Seigneur was expected to build a church, stores and a ma- 
 nor house, which all would seek for protection in times of 
 danger. From this it is thought the spirit of hospitality 
 proverbial in the French habitant of to-day, is inherited. 
 If you ride up to one of these houses and ask for refresh- 
 ments, the best the house affords is placed at your disposal, 
 and no matter how poor the inhabitant may be it is absolute- 
 ly impossible to leave pay for what you receive. 
 
 The early seigneurs unfortunately did not take kindly to 
 the dull life of a town trader or an agriculturalist, but would 
 depart for the woods and engage with the Indians in the 
 fur trade, the excitement and adventure of which were more 
 congenial. These men were among -the pioneers that led 
 to the discovery of the Ohio River and the Rocky Moun- 
 tains; they explored the Mississippi and paved the way to 
 the founding of Detroit, St. Louis and New Orleans. 
 
 The colonists looked to the king for support on every 
 occasion. Corruption became rife amongst government of-
 
 Railroads and the Public. 41 
 
 ficials. The worst of the crowd of scoundrels who were 
 doing their best to ruin the colony, was a man named Bigot 
 the Intendent, who was practically civil governor. Bigot 
 and his subordinates were guilty of every kind of fraud and 
 robbery. Amongst all the thieving, gambling and li- 
 centiousness prevailing at the time there were many noble 
 women and men of high character who worked incessantly, 
 though in vain, to avert what they felt would be the in- 
 evitable end. The hospital nuns, usually ladies of gentle 
 birth and culture, gave their whole lives to the attention of 
 the sick and wounded. 
 
 The emigrant ships from France would bring in infection 
 of some sort, whilst incessant wars and quarrels turned in 
 a supply who depended almost entirely upon the nuns' skill 
 for relief. These good women oftentimes after unspeak- 
 able suffering gave up their lives to comfort the unfortunate. 
 
 The English had made two unsuccessful attempts against 
 the colony, but in 1758 they came over more powerful than 
 ever before. They landed here on the Island of Orleans 
 from which they made some unsuccessful attacks upon the 
 French. Later a detachment under General Wolf through 
 strategy or treachery of a sentinel got within the lines of 
 Montcalm, who was awaiting at Beauport, expecting an at- 
 tack at that point, and it was only at daylight the next 
 morning he became aware of the advantage his enemy gained 
 over him during the night. He came into town and met 
 Wolf upon the plains of Abraham, where each found their 
 death in the cause for which they fought. This was the 
 beginning of the end of the rule of France in Canada, and 
 ever since, the rule of England has been supreme. When 
 the New England colonies revolted against the British they 
 found little sympathy upon this side of the line, and after 
 the unsuccessful attempt of Montgomery and the fruitless 
 siege of Quebec by his successor, General Arnold, the 
 Americans withdrew from Quebec.
 
 42 Railroads and the Public. 
 
 Before the Civil war in the States, many wealthy south- 
 ern planters came to summer in Quebec, which had a ten- 
 dency to establish a spirit of friendliness toward the people 
 of that section and considerable sympathy was extended to 
 them in their cause. This, together with England's un- 
 mistakeable attitude at this time caused a feeling of resent- 
 ment in the States against the people upon this side of the 
 line. This feeling many think was the cause of abrogating 
 the trade treaty of 1854, which has always been conceded 
 to be of great bene^t to us all. While for a long time this 
 action upon the part of the United States caused much 
 hardship to Canada, it has ultimately proven a blessing by 
 developing in the Canadians a spirit of self-reliance, and the 
 building up of a trade with other than the United States. 
 
 If we would know what this trade really is, at Quebec 
 is the best place to judge. This is the "Sentinel City" of 
 Canada, the "Gate-Way" through which commerce must 
 pass. 
 
 There are many other channels of communication, but 
 through Quebec is the natural course. 
 
 Upon the attitude of Quebec the Dominion Government 
 will stand or fall. This is no "snap-shot" opinion, but the 
 bald assertion of one of Canada's ablest statesmen, and an 
 influential member of the governmental party of to-day. 
 
 The leading issue under which this party went into power 
 was the promise to secure freer trade with the United States. 
 
 The Boston Home Market Club would have us believe 
 that owing to changed conditions this policy of the party 
 has been changed. If this is the case can we not learn the 
 fact for ourselves? 
 
 Knocking the ashes from our pipes we were soon on the 
 deck of the steamer which was taking us back to Quebec. 
 This was to be our last night in the city, for on the morrow 
 our party must leave. We considered the advisability of 
 one of us remaining, and the proposition was kindly receiv-
 
 Railroads and the Public. 43 
 
 ed. This would be a delicate mission requiring the exer- 
 cise of tact. 
 
 Whoever accepted this duty should agree that the main 
 question now is, how far the Canadians themselves are will- 
 ing to go toward negotiating a reciprocity treaty. They 
 should be permitted to understand that the sentiment on the 
 United States side of the line is, in some quarters, not any 
 more favorable toward a reciprocity treaty than in Canada, 
 and therefore "there are no ripe plums about ready to be 
 shaken into anybody's apron." If our Canadian friends 
 want to have closer trade relations with us, they must show 
 a reasonable willingness to meet us half way. 
 
 In the Quebec Telegraph of July 11, the following notice 
 appeared, and answered as a letter of introduction. 
 
 "Quebec's trade zvith the United States. 
 
 That and other subjects engaging the attention of Mr. Miles 
 of the Brotherhood of Locomotive Engineers. 
 John E. Miles, chairman of the legislative board of the 
 Massachusetts Brotherhood of Locomotive Engineers, is in 
 town, a guest of the Clarendon hotel. He has recently re- 
 turned from a meeting of the Brotherhood of Engineers 
 held at Fraserville, and is now engaged in studying the re- 
 ciprocal sentiment of the people of this province with re- 
 gard to better trade relations between the two countries. 
 
 It may seem strange for a man holding the position that 
 Mr. Miles does to be devoting his time to questions of politi- 
 cal economy, but this is just w^hat Mr. Miles is doing, and 
 more than this, he is gathering data for a chapter in a book 
 which he is compiling, and which will shortly make its ap- 
 pearance. The object of this book is to bring about a bet- 
 ter feeling and understanding between the official, the em- 
 ployee and the public on railroads, and particularly between 
 the Brotherhood which Mr. Miles represents and the other 
 two important factors of peace and harmony.
 
 44 Railroads and the Public. 
 
 Reciprocity with Canada is now becoming one of the lead- 
 ing legislative questions in the neighboring States of this 
 and other provinces, but is being more debated upon in the 
 State of Massachusetts than any other. This State's trade 
 relations with the Maritime Provinces is very considerable 
 and naturally, if Canada's trade policy between the neigh- 
 boring Republic becomes more restricted, this State will in 
 consequence be the greatest sufferer, and, as Mr. Miles says, 
 "the workingman shares in the progress or decline of trade, 
 in any country." This is why so many labor associations 
 of the United States and Canada are taking up the vital 
 questions of the day, studying them in the interest of the 
 national welfare of their respective countries and indirectly 
 for themselves. 
 
 Mr. Miles' position is certainly an important one and car- 
 ries a very great influence over the Brotherhood which he is 
 a member of. 
 
 In conversation with the writer he said : — 
 
 "We are free from all alliances and work for the general 
 result as an organization of men having vital interests in 
 the commercial prosperity of our country. 
 
 "We can see from the papers as well as on account of the 
 general good times throughout Canada that there is less 
 anxiety to secure friendlier commercial relations with the 
 United States. Canada has surely done her part. She 
 has come to us with the fairest of offers, which were not ac- 
 cepted, and returning home we believe she is justified in 
 feeling any further overtures should come from us. 
 
 "We respect her highly for such a feeling, and it is no 
 less than we should expect from a people of common origin 
 as our own. 
 
 "Volumes have been written on reciprocity, tariff for 
 revenue, and free trade. The ablest men of the country 
 are divided upon the subjects, yet in the face of this knowl- 
 edge we venture to print our views from the standpoint of
 
 Railroads and the Public. 45 
 
 men who to attain their advancement must see their freight 
 trains loaded and their passenger trains patronized. If a 
 merchant or manufacturer feels he can make more money or 
 increase his business if we establish a friendlier trade treaty 
 with Canada, it will require no very deep student of political 
 economy to know this cannot be done without making bus- 
 iness for the transportation companies. A man who would 
 not back this proposition as a good thing does not deserve a 
 chance on a sure thing. 
 
 "The great mass of our people, we believe, are in favor of 
 friendlier relations with Canada, and upon this ground 
 we think President Roosevelt, already pledged to reciproc- 
 ity, would be justified in inviting Canada to consider with 
 us the proposition of establishing friendlier trade rela- 
 tions." ' 
 
 In the month spent in Quebec I met writers, railroad of- 
 ficials and merchants, as well as prominent influential citi- 
 zens, and formed many social acquaintances. 
 
 Upon July 26 I solicited an interview with Senator Cho- 
 quette, asking his permission to publish his views as to the 
 attitude of the Canadian Government in reference to reci- 
 procity with the United States. The interview was court- 
 eously granted, and the Hon. Senator most freely express- 
 ed his ideas. What a serious matter to quote, unless such 
 an acknowledged authority is quoted correctly, and I hesi- 
 tated about writing his words. Senator Choquette replied, 
 "Call this afternoon at two, I will send for the editor of 
 my paper, and we will go over this matter together and 
 have him publish my views." The influence which this 
 member of Parliament carries to support these ideas is told 
 by the Quebec Telegraph of July 26. 
 
 "Senator Choquette has evidently made for himself a 
 warm spot in the hearts of his own countrymen. And he is 
 there to stay. What other reason is there to account for 
 the abuse and calumny continually heaped upon him in a
 
 46 Railroads and (he Public. 
 
 section of the Ontario press? From day to day its mis- 
 guided and unthinking readers are filled with fear and dis- 
 may. \\'henever the Honorable Senator rises to si)eak:, 
 they shiver and shake, expecting every moment to see him 
 wave the banner of revolt. And their unfounded fears are 
 constantly fed by ultra timid reporters, who to suit their 
 readers' tastes and serve the passing purpose of the hour, 
 change and garble his words into an unrecognizable mass 
 of distortions." 
 
 At the meeting, with his editor. Senator Qioquette ex- 
 pressed these sentiments, as indicating Canada's position 
 to-day : 
 
 "Our American neighbors are beginning to find out that 
 others can play the same game as themselves. Accustom- 
 ed as they have been to imposing their prohibitive duties on 
 the products of other countries, they have awakened with 
 some surprise to the fact that the tables are being turned 
 upon themselves, that they can no longer close their own 
 markets without meeting retaliation, and that the adoption 
 to any extent by other nations, of their selfish policy of ex- 
 clusion contributed a serious menace to their commercial 
 future. ' Hence the demand that is arising among them for 
 a relaxation of that policy, and for the holding of a con- 
 vention at Qiicago next month to consider the necessity of 
 replacing it by a policy of more liberal exchange, by the es- 
 tablishment of better reciprocal trade arrangement with the 
 outside world. But in all the agitation on the subject one 
 thing is noticeable above all — that the American mind is 
 haunted by the idea that the advantages must be all on 
 their side, and that they should get something substantial 
 for little or nothing in return. They constantly talk of the 
 great advanatges to them from trifling concessions on their 
 part. Instead of trying to convince us that reciprocity 
 would be profitable to us, they tell us that it is necessary to 
 them, and in their selfishness they regard this as a conclu-
 
 Railroads and the Public. 47 
 
 sive argument. As far as Canada is concerned they can 
 summarily dismiss the hope of ever g-etting" our consent to 
 any jug handled bargain. The day for that has passed 
 forever. They forget that the Canada of today is not the 
 Canada of fifty years ago, that in the interval it has become 
 emancipated, — that it is no longer dependent upon the 
 American market, and that it cannot be forced into annexa- 
 tion or any other course. This does not mean to say that 
 we are opposed to a proper reciprocity treaty with our neigh- 
 bors. On the contrary, we believe that a fair commercial 
 arrangement of the kind would be beneficial to us, for, af- 
 ter all, the United States is our natural market. But, while 
 we ardently desire such an arrangement, and the Liberal 
 Government at Ottawa is willing to do anything possible 
 in reason to cultivate the best relations and to promote the 
 greatest trade between the two countries, we are neither 
 going to beg for it, nor need our American friends ever ex- 
 pect to negotiate with us successfully on the principle of 
 great advantages to them, and slight concessions to us. The 
 advantages must be the same on both sides. Consequent- 
 ly the concessions must be equal or we will not do business. 
 If our American neighbors want to know exactly how far 
 we are prepared to go in our dealings with them, we may 
 state briefly that we will not go as far as annexation, nor one 
 step further than our interests dictate. It is nothing to us 
 that free trade or reciprocity is now deemed necessary to 
 the United States to all or to some. They have not treated 
 us so well in the past as to inspire us with sympathy for 
 their actual necessities. If they are prepared to offer us a 
 proper quid pro quo we will be prepared to treat, but until 
 they are ready to do this, all their labor will be in vain. 
 
 This is the Canadian policy, and let there be no mistake 
 about it." 
 
 This statement clearly, concisely and accurately presents 
 the sentiment of the Canadian people as I found it to be.
 
 48 ' Railroads and the Public. 
 
 Just a word upon the question of transportation inter- 
 ests. It is very evident that the more direct outlet for the 
 wheat fields of Manitoba is across American territory. In 
 1874 Canada officially recognized the American seaboard as 
 supplying- the natural ports for handling of her comirierce, 
 and proposed the construction of a canal from the St. 
 Lawrence to Lake Champlain. 
 
 The treaty embodying this proposition was rejected by 
 the United States .Senate. Later the Canadian Pacific de- 
 sired an independent line into Boston, but was prevented 
 from securing it. Today she runs from ocean to ocean, and 
 has independent steamship lines across both the Atlantic and 
 the Pacific. The government has commenced the construc- 
 tion of another trans-continental line of railroad. The esti- 
 mated cost for building- this line is approximately $200,- 
 000,000. 
 
 How would friendlier trade with the United States affect 
 the railroads of Canada? 
 
 The Hon. S. N. Parant upon the eve of his departure to 
 assume the duties of Chairman of the Grand Trunk Pacific 
 Railway Commission wrote : 
 
 Quebec. August 7th, 1905. 
 Mr. J. E. Miles, 
 
 Legislative Agent. 
 
 Brotherhood of Locomotive Engineers. 
 De.\r Sir. — Your letter with enclosure received, and will 
 say I believe any effort pimed to bring into closer relations 
 the interests of capital, and labor should be encouraged, and 
 especially so when these interests are bound up in our trans- 
 portation companies. I believe whatever difference of 
 opinion may exist as in the value of closer trade relations 
 between L^nited States and Canada, there can be no ques- 
 tion of its advanatges to all persons interested in matter of 
 
 transportation. 
 
 S. N. Parant. 
 
 Mayor of Quebec.
 
 Railroads and the Public. 49 
 
 President Mellen of the New York, New Haven and 
 Hartford has been quoted as saying that reciprocity with 
 Canada is the only salvation for the railroads of New Eng- 
 land. 
 
 No one can help observing what a great benefit it would 
 be to the Boston & Maine, and it was rumored around Que- 
 bec that if the business would warrant, the New York Cen- 
 tral would build in from Rutland. 
 
 Reciprocity with Canada is an issue that should receive 
 the hearty support of American workingmen who, taking 
 advantage of the opportunities afforded them in the shorter 
 workday, are studying more closely and thinking more 
 deeply of matters pertaining to Political Economy. They 
 have long since exploded the theory that it is the high pro- 
 tective tariff that insures their wages. 
 
 The most prominent labor leaders of Massachusetts, men 
 who are recc^gnized factors in international labor conven- 
 tions,' are earnest advocates of continental free trade, and 
 as these principles are gradually absorbed by the people 
 the politicians will be forced to recognize the power in the 
 hands of the workers and accede to their just demands. 
 The beneficent influence of labor organizations in the work 
 of Americanizing the various nationalities coming to our 
 shores has been acknowledged by the highest authorities, 
 and it is hard to conceive what can prevent the members 
 of our international trade unions from gradually coming 
 closer together and eventually taking up for discussion 
 such great international political questions as trade and im- 
 migration. If some international agreement could be 
 formed whereby the undesirable element from abroad could 
 be prevented from entering either country, there is abso- 
 lutely no more reason for maintaining immigration bureaus' 
 between the United States and Canada than there is ne- 
 cessity at the present time for establishing similar offices 
 upon 'the borders of the various States of the Union or
 
 50 Railroads and the Public. 
 
 Provinces of the Dominion, and inasmuch as nearly every 
 Canadian home has some friend or loved one in the States, 
 the retention of the existing- laws borders upon the un- 
 christianlike policy of dividinj^ a house against itself. 
 
 It is doubtful if due consideration has been paid to the 
 moral principle involved in establishing and maintaining 
 satisfactory trade arrangements between Canada and the 
 United States. As Canadian resources and commerce de- 
 veloped she gradually assumed a spirit of independence, the 
 natural outgrowth of her self reliance. The outward sign 
 of this spirit is manifest within the Canadian fortifications 
 where the Eng-Hsh soldiers have been relieved bv the native 
 troops. 
 
 Quite all that has been written with reference to Canada 
 can with equal force be said of Newfoundland. Ours are 
 the natural marlcets in which Newfoundland would pur- 
 chase her supplies were she afforded an opportunity to de- 
 velop her natural resources. 
 
 For centuries the one. and practically the only establish- 
 ed industry of Newfoundland has been her fisheries, and 
 upon these her people depend for support. 
 
 Since the discovery of the great value of the fishing 
 rights along the shores of Newfoundland, a menace to in- 
 ternational peace has existed, and is as far remote from 
 satisfactory settlement to-day as ever. To the Newfound- 
 land fisheries has been accredited the concrete principle 
 involved in the revolution that culminated in the independ- 
 ence of the American colonies. 
 
 Under existing conditions the indiscretion of a govern- 
 mental official, or the zeal of an American captain, may 
 bring about complications with the English government. 
 
 Upon the refusal of the Senate to accept the "Hay-Bond 
 treaty" Newfoundland adopted what must eventually prove 
 to be a suicidal policy of retaliation, viz., refusing to allow 
 American fishing vessels the privilege of taking Newfound-
 
 Railroads and the Public. 51 
 
 land crews or securing bait, and upon our side the masses 
 of our people are as a consequence paying higher prices 
 for these food supplies. Why should a powerful, rich and 
 prosperous nation like the United States of America hesi- 
 tate to give to these few people of Newfoundland an op- 
 portunity to help themselves to a higher plane of living? 
 Here to the people of this Httle island we could well afford, 
 with no ulterior purpose of future gain, by extending the 
 hand of good fellowship, exemplify the true meaning of 
 the words "Our Father." 
 
 It seems to me our theologians might here find a fruitful 
 field to apply the doctrine of Christ, if the generally ac- 
 cepted theory of the universal brotherhood of man counts 
 for other than mere words.
 
 52 Railroads and the Public. 
 
 CHAPTER IV. 
 
 THE COMFORT OF THE PUBLIC. 
 
 For a number of years prominent public-spirited citizens 
 of Boston and vicinity have been working for a means by 
 which it will be possible to prevent, or at least abate the 
 nuisance of the emission of black smoke from chimneys and 
 smoke stacks. 
 
 From an economical standpoint the railroad officials 
 should co-operate with any practical scheme by which this 
 purpose may be accomplished. 
 
 Knowing, to a great extent, the emission of black smoke 
 is unnecessary, and that at all times when the engine is not 
 working steam, it can be avoided, there appeared to be an 
 opportunity to enlist the power of public opinion in our be- 
 half, by demonstrating that we are considerate of the com- 
 forts of the public in all matters affecting the same. 
 
 In an interview with the manager of the Boston Term- 
 inal Company the information was volunteered that it costs 
 this company $10,000 a year to remove from its trainshed 
 the effects of black smoke. Surely any action upon the 
 part of the employees tending to save this large expense 
 might well be appreciated by the Boston Terminal Com- 
 pany, and the added comfort obtained by the abatement 
 of this nuisance should warrant the gratitude of patrons 
 of the same. 
 
 This thought shaped the following resolve, addressed to 
 all concerned : 
 
 "On account of the manner by which the fires of many 
 of the engines are treated within the train shed and yard 
 of the Boston Terminal Company, great volumes of smoke 
 are emitted. Many times by oljscuring the view of signals
 
 Railroads and the Public. 53 
 
 made to abate, as far as is possible, this nuisance, and per- 
 this is an element of dangler or cause of delay to trains. 
 
 Furthermore, much annoyance is experienced by the 
 passengers as well as considerable expense to the Boston 
 Terminal Company. Inasmuch as all engineers know that 
 to a great extent this nuisance is an unneccessary one; 
 
 Therefore, be it resolved that an individual effort be 
 made to avert, as far as possible, this nuisance, and per- 
 mission be requested to file copies of the above resolution 
 upon the motive power bulletin boards of our railroads." 
 
 To encourage a sentiment favorable to this proposition, 
 the following paper was printed and circulated, submitted 
 for the purpose of encouragement of greater interest in the 
 matter of combustion of coal in locomotives : 
 
 "When coal is burned in the locomotive furnace, it re- 
 quires that the air shall be admitted in a peculiar manner 
 to perfect combustion. As soon as fresh coal is thrown 
 upon the fire, a gas is set free, which, when mixed with 
 air, burns with a clear, bright flame of great heating power. 
 It is of importance that the gas shall have at once its due 
 supply of air at the spot where it is generated, or else the 
 draft will draw it through the tubes and the heating power 
 will be lost. The air for coal consuming locomotives is 
 admitted in two ways — partly through the grate and partly 
 through special contrivances, but the exact quantity of air 
 depends upon the kind of coal used. An insufficient quan- 
 tity of air is exhibited by dense black smoke issuing from 
 the stack; with just enough or too much air, no smoke will 
 come out, so great care must be used to arrest and utilize 
 these liberated gases stored in the coal, or so many heat 
 units escape. This is especially noticeable in cases where 
 fresh fuel has been applied to the fire just before the engine 
 has been "shut off." Owing to the force draft caused by 
 the exhaust, sufficient air is drawn into the fire box on 
 top of the fire to properly consume the gases, but when
 
 54 Railroads and the Public. 
 
 this draft is lost by the stopping- of the exhaust, its place 
 should be taken by the use of the blower and opening of 
 the fire-box door. This will not only be a saving of heat, 
 but also by consuming the gases otherwise escaping- in the 
 form of black smoke, the skill of the fireman will be greatly 
 appreciated by the patrons of the railroads, especially at 
 seasons when it is customary to travel with the car win- 
 dows open. 
 
 In many of the larger cities, laws have been enacted 
 against making smoke, and in some places bituminous coal 
 is not allowed to be used. Engines leaving the yard of the 
 Grand Central Terminal in New York city, have fires 
 made up of coke, and a limited supply of this is placed upon 
 each tender for use within the city limits. If we apply our 
 theory of combustion, is it not quite possible to acquire the 
 desired result and save this added labor? In case fire must 
 be "barred up," if dampers are for the time being closed 
 and the blower opened sufficiently to draw the desired 
 quantity of air upon the top of the fire, all gases will be con- 
 sumed and no smoke will be emitted. 
 
 The practice of heavy firing as the engine is backing a 
 train into the terminal, and then closing the door, is resorted 
 to by only a minority, which proves to even the few who 
 require an object lesson, that it is by no means a necessity. 
 
 Another evil practice indulged in by a few, is the habit 
 of firing just before the engine is "shut off," or as soon 
 as started, and by spreading three or more shovelfuls of 
 coal ui)on the fire before closing the door. This practice 
 causes not only a serious loss of fuel, but also has a tend- 
 ency to close up the flues, thereby causing the loss of just 
 that amount of heating surface. 
 
 Much depends upon the proper preparation of the coal, 
 which should always be dampened to obtain the water 
 necessary for generating the required gases.
 
 Railroads and the Public. 55 
 
 Due regard for the care of the eyes should insure the 
 practice of firing with dampened coal, if for no more im- 
 portant reason. 
 
 Don't say that the evil practices are necessary upon your 
 train to get steam, for perhaps the fellow who goes out 
 upon your engine tomorrow by trying to do what is right, 
 proves you are simply less skilful or less interested." 
 
 It is regrettable to have to admit that our purpose was de- 
 feated through the combined influence of the two extreme 
 factions of our organization. The one argued the cause 
 of complaint was solely due to the cheap grade of coal we 
 are compelled to burn, or the mechanical defects in our 
 motive power; these men refused to lend their aid to im- 
 prove the existing conditions. 
 
 The other extreme, composed of those who are 
 many times actuated by petty jealousy, owing to their fail- 
 ure to fill the role of the sole luminaries, argued "it would 
 be interfering with the work of our officials to assume upon 
 such matters the initiative." These fellows are the so- 
 called "conservative element," whose monkey and parrot 
 talk is nauseating in the extreme. When analyzed they are 
 found to be simply so many administration men, fellows 
 susceptible to the influence of an informal greeting from 
 some high official, and are so bound up in their own con- 
 ceit as to really feel they are an important factor in direct- 
 ing the policy of the road. They occasionally receive petty 
 favors, and many believe they belong to that class, who, 
 in the legislature are spoken of as upon the "gravel train." 
 
 The officials were appealed to for their endorsement, 
 but while forced to admit that the paper contained facts 
 that should be in the possession of all the persons inter- 
 ested, they refused to encourage the action by an endorse- 
 ment, for the reason that it did not emanate from their 
 office.
 
 56 Railroiuis and the Public. 
 
 Later, without any assistance from them, we ha'l the 
 satisfaction of seeing- the resolve inscribed upon the records 
 of our meetings; but this was only desired as a means to 
 acquire an end. 
 
 The nuisance of black smoke from locomotives is un- 
 questionably one that may be abated to a highly appreciable 
 degree. The strongest argument used against doing so is 
 the belief by the majority of the men that "the officials 
 don't care whether wc take an interest or not." We are 
 forced to admit there is good ground for this opinion. 
 
 By way of example a case may be cited of an engineer 
 running an engine that was leaking so badly that he found 
 it a difficult matter to get hie train over the road. Day 
 after day he reported the defect and no notice was taken 
 of his report. The conditions grew worse, and going to 
 the official responsible, he explained the fact that ow^ng 
 to the condition of his boiler he was using twice the neces- 
 sary amount of fuel, and as it appeared to him, if the cost of 
 coal was any object, the sooner that repairs were made the 
 better. He received the answer in an aggravating drawd, 
 intended to be sarcastic, "The coal don't cost you or me 
 anything." Can any man doubt the efYect of such a reply 
 as that, given to an employee interested in the good of the 
 service ? 
 
 While during the previous years of agitation against the 
 smoke nuisance, little difficulty was experienced in induc- 
 ing the petitioners to except locomotives from the pro- 
 visions of the proposed legislation, this year indignation 
 meetings were held and manv thousands of dollars were 
 subscribed by persons whose chief cause of complaint came 
 from the locomotives. Their Representatives and Senators 
 were requested to work for the enactment of a law intended 
 to afford them relief. 
 
 Appreciating the hardship the enactment of such a hard 
 and fast law might prove to be to men of our calling, we
 
 Railroads and the Public. 57 
 
 asked the petitioners to except us from the provisions of 
 the bill, and pledg-ed the assistance of our org-anization 
 to bring about in a peaceful and friendly manner the re- 
 sult aimed at by the proposed law. 
 
 We further suggested that the Board of Railroad Com- 
 missioners had sufficient influence and power to induce the 
 railroads to do all that is possible to be done toward the 
 abatement of smoke. 
 
 The counsel for the petitioners, with whom we discussed 
 these matters, inquired what steps, if any, could be taken, 
 assuming the Commissioners refused to comply? 
 
 A precedent has already been established whereby the 
 influence of the Governor could be brought to bear. From 
 time to time copies of the railroad and railway laws are 
 printed by the Railroad Commissioners. Wishing to ob- 
 tain copies of this work we called at the office of the Rail- 
 road Commission, but received the information that these 
 books were not for general distribution, and the only way 
 by which we could obtain copies of these books would be 
 through an act of the Legislature. 
 
 We appealed from this ruling, and presenting our case 
 to the Governor, we received the following letter, which 
 disposed of this matter and, we believe, established a pre- 
 cedent : 
 
 Executive Chamber, State House, Boston 
 
 February 17, 1905. 
 Dear Mr. Miles : 
 
 Conforming to our conversation of this date, would say 
 that if you will take this letter to the Railroad Commis- 
 sioners, they will accept it as authority for the delivery 
 to you of such copies of the Railroad Laws as they can 
 
 conveniently spare. 
 
 Yours truly, 
 
 W. L. Douglas. 
 
 Mr. John E. Miles. 
 
 Plymouth, Mass.
 
 5^ Railroads and the Public. 
 
 It is for a fact c|uite an innovation to find railroad em- 
 ployees goin^ to the public to ofYer assistance in correct- 
 ing evils the railroad officials should be the first to notice. 
 From among the petitioners for the bill on abatement 
 of smoke we selected Arthur L. Spring, counsel for the city 
 of Boston, Louis D. Brandeis, counsel for the Public Fran- 
 chise League — Vice President representing the public in 
 the New England Civic Federation, and Prof. Sedgwick, 
 of the Massachusetts Institute of Technology, an accepted 
 authority upon matters pertaining to combustion. 
 
 We promised these gentlemen, provided they except us 
 from the provisions of the proposed legislation, to do what 
 we could toward abating the nuisance of which they com- 
 plained. We have little reason to believe our active interest 
 was necessary to exempt locomotives, and as a matter of 
 fact we desired to gain their good will and help the peti- 
 tioners in securinor the relief they sought. During the de- 
 bates upon the bill much credit was bestowed upon one of 
 the railroads for adopting a smokeless fuel in the shape of 
 coke. 
 
 The fumes from these coke burning engines are injurious 
 to the health of the men employed upon them, and we be- 
 lieve the policy of using this fuel to be an unnecessary one, 
 Protests were made to the railroad officials, but no 
 satisfaction could be obtained from them. They had grown 
 weary from complaints coming to them from patrons and 
 abutters along their line, and while forced to admit that 
 the fumes coming from burning coke were unpleasant and 
 in some instances unhealthy, of the two evils they chose 
 what to them was the lesser and would continue the use of 
 coke. But these gentlemen should ever remember, as 
 Theodore Roosevelt has said, that "Capital is not absolute; 
 and it is idle to compare the position of the capitalists now- 
 adays with his position, when his workmen were slaves and 
 the law-makers were his creations." We believe there are
 
 Railroads and the Public. 59 
 
 plenty of good laws in the state of Massachusetts to pro- 
 tect the interests of all classes, if the proper method of pro- 
 cedure is executed. A petition was drawn up by the 
 representatives of the employees, who were suffering from 
 the effects of the poisonous gases coming from the burning 
 coke, and presented to the State Board of Health, request- 
 ing an investigation and asking that the necessary action 
 be taken to bring relief. This petition was presented upon 
 the supposition, based upon information received from 
 their secretary, that the Board of Health is vested with 
 authority to prevent the use of coke, so highly impregnated 
 with sulphur as to jeopardize the health of men employed 
 upon these locomotives. 
 
 Every possible assistance was volunteered to facilitate 
 the work of investigation proposed by the Board. 
 
 After an aggravating wait of more than six months, 
 information was received that the contention of the en- 
 gineers as set forth in their petition had been verified by 
 experiments conducted by agents of the Board, but no in- 
 formation was forthcoming as to what these authorities 
 proposed to do under the premises. It is difficult to under- 
 stand what edifying qualities the State Board of Health 
 expected to present in such an answer to our petition. That 
 a definite conclusion might be arrived at, the matter was 
 brought to the attention of the Governor, and from His 
 Excellency the information was received that under exist- 
 ing laws the Board of Health is absolutely powerless to 
 prevent the use of coke for fuel. The State Board of 
 Health through their secretary not only gave assurances of 
 their ability to correct the evil complained of, but specifical- 
 ly stated they would use their power and relieve the situ- 
 ation. 
 
 Surely the Board of Health must have a peculiar opinion 
 of the intelligence of the locomotive engineers if they think 
 this body of men, many of whom have been incapacitated
 
 6o Railroads and the Public. 
 
 from work on account of the effect of sulpliur g-as, waited 
 for six months for chemists and analysists of the State 
 Board of Health to tell them that these gases were a men- 
 ace to health. 
 
 While it may be true that this Board is not vested with 
 autocratic powders to dictate what the railroads must do, 
 no reasonable man would question the propriety of the 
 Board of ITealth making a recommendation to the rail- 
 roads, and we firmly believe that such an action is all that 
 would be necessary to obtain the result the engineers 
 desire. 
 
 Inasmuch as the representative of the Health Commis- 
 sion reported he experienced a feeling of drowsiness and 
 irritation of the throat and eyes from riding upon coke- 
 burning engines, while none of these symptoms were no- 
 ticeable upon coal-burning engines, it is a reasonable de- 
 duction to say the coke engines add some degree of danger 
 to the safety of the traveling public. It is barely possible 
 the Railroad Commissioners, w^hose every wish the counsel 
 of our railroads claim to obev, might be induced to take 
 some action. 
 
 The Court of Equity, whose power of granting injunc- 
 tion is known to every trade unionist, might be one other 
 resort. In our simplicity we imagine' that the guarantees 
 of our great constitution could be applied to the protection 
 of health and the safe-guarding of life, whereas we are in- 
 formed such powers are to be used only by the corporations 
 to subjugate their employees, and apparently it was pre- 
 sumption on our part to think such powers could be used 
 in defense of our rights and the safety of the public. 
 
 There is yet another appeal, and that is to the high 
 court of public opinion. As evidence to show the locomo- 
 tive engineers have just cause for complaint, the following 
 extract, from report of Representative of the State Board 
 of Health, is submitted for consideration:
 
 Railroads and the Public. 61 
 
 "Five trips of one hour each were made on coke-burning- 
 engines, and an equal number of the same duration were 
 made on coal-burning engines. On each run made, the 
 amount of sulphur acid in the air of the cab was carefully 
 determined. The average amount of this gas in the air of 
 the cab of the coke-burning engines, was 0.41 parts in 10,- 
 000; the average amount in the air of the cabs of the coal- 
 burning engines was 0.08 parts in 10,000. 
 
 "It will appear that those who operate with coke are 
 subjected to about five times as much of these acid fumes 
 as those who run on coal engines. There can be no doubt 
 that such an amount of sulphur dioxide as 0.41 in 10,000 
 of air is incompatible with comfort, if not actually dele- 
 terious to health. The person who made the determina- 
 tions reported that after each run on the coke-engines he 
 suffered from smarting of the eyes, head-ache and dis- 
 turbance of the stomach; whereas; after the runs on the 
 engines on which coal was used he experienced no sensa- 
 tion of discomfort whatever."
 
 62 Railroads and the Public. 
 
 CHAPTER V. 
 
 TRYING TO OBTAIN A PROPRIETARY INTEREST IN THE COM- 
 PANIES BY WHICH WE ARE EMPLOYED. 
 
 What will prove a remedy for the existing- evil? This 
 surely is a problem worthy of the attention of any student 
 of sociology. Whatever difference of opinion is held as to 
 the cause, all must agree to the fact of the existence of this 
 deplorable state of affairs; yet the man who contents him- 
 self with simply condemning conditions as existing without 
 offering a remedy must be classed as bordering close upon 
 the verge of pessimism. Therefore, not to be judged as in 
 this class, I will suggest either of two things as a remedy 
 and the combination of both as a cure. They are a pro- 
 prietary interest in the corporation upon the part of the 
 employees, and strict governmental supervision of the rail- 
 roads. 
 
 To encourage closer relations between officials and em- 
 ployees and to create a spirit of united interest, many cor- 
 porations subscribe large sums of money. This is done 
 in some places by providing reading rooms, with baths and 
 dormitories. Upon some railroads the giving of premi- 
 ums for the more economical use of supplies has been 
 tried; this latter course has proved unsatisfactory as savor- 
 ing to create a policy of playing for an individual record at 
 the expense of team work. But if by their united effort the 
 employees demonstrate that they have succeeded in increas- 
 ing the net profits, why not give them a share in the bene- 
 fits derived from the same? 
 
 This would have a tendency to encourage the best of 
 service from the individual and also warrant him in bring- 
 ing to account the shiftless and indifferent. From an
 
 Railroads and the Public. 63 
 
 ethical point of view it may be said that if employees will 
 do these things for a reward, they are under moral ob- 
 ligfation to do the same thing in consideration of the wages 
 they receive. The great trouble with this reasoning is, that 
 the employees look about them and see so many others 
 who are doing their work in a far less efficient manner. 
 They feel that this less efficient service is as much as is de- 
 sired or expected, and the result is easily imagined. But 
 the reasoning may be followed; every man is the keeper of 
 his own conscience, and it is for him to say whether or not 
 his duty is fulfilled. No man can justly aspire to happiness 
 who cannot feel consciousness of duty well performed. 
 
 This is a good technical argument, but under existing 
 conditions upon our railroads it is illogical. The adage, 
 "like captain, like crew," applies to every department of 
 the railroad. To secure the highest standard the engineers 
 must show by object lessons and example that interested 
 work is to be expected upon the part of the firemen, and 
 this rule holds good from the humblest employee to the 
 highest official. 
 
 Believing the adoption of some such a principle as the 
 following would tend to increase an interest in our pro- 
 fession and have an influence in the settlement of disputes, 
 this paper was presented for consideration: 
 
 Plymouth,Mass., Nov. 27th, 1903. 
 To Commission on Relation Between Employer and 
 Employee ; 
 
 Gentlemen : — The following is respectfully submitted for 
 your consideration as a remedy to prevent strikes, which 
 with the assistance of your influence, it is believed we can 
 attain, not only for the mutual benefit of our employers and 
 ourselves, but also for the benefit of the general public, 
 inasmuch as we will be in a position to furnish for them 
 greater comfort and safety through the medium of better 
 men.
 
 64 Railroads and the Public. 
 
 We desire to assume, which 1 think we may fairly, that 
 the engineers of each of the railroad systems of Massachu- 
 setts, are equally efficient and interested. We will also 
 allow what we believe to be the case, that there is a mutual 
 good feeling existing between the general officers of these 
 systems and their engineers. It has frquently been said, 
 that while labor organizations and their aims are worthy, the 
 grievous error is frequently made of selecting incompetent 
 men as their representatives. Conceding this fact, we de- 
 sire to state another truism, which is. that while the general 
 officers of tlie railroads are all right, they err more fre- 
 quently than their employees in the selection of their rep- 
 resentatives, that is, the selection of the men who hold 
 subordinate offices. Many of these- officials by an unjust 
 criticism of a trivial affair, or by a sarcastic answer to a 
 well-intentioned suggestion for the good of the service, 
 have a faculty of developing a spirit of antipathy toward 
 the company. 
 
 In the Acts and Resolves of Massachusetts, IQ03, Chap. 
 320, is found : An Act relative to public service corpora- 
 tions and their employees. No legislation of recent years 
 has met with such general approval from all classes of rail- 
 road men. No fair man can find a just cause for its repeal. 
 Certainly the men, who must later be responsible for the 
 conduct of persons entering their service, might reasonably 
 be expected to be better judges of their (|ualifications for 
 the service, than men holding positions of more or less 
 influence in other places. 
 
 It often happens, that persons obtaining positions by in- 
 fluence outside of railroad men, frequently feel the import- 
 ance of this influence, and later, by associating themselves 
 wuth others of their kind, place themselves beyond the 
 bounds of either discipline or advice. These conditions 
 have become an actual hardship upon engineers whose ac- 
 tions are judged by the public, and many of whose failures
 
 Railroads and the Public. 65 
 
 can be traced to lack of sufficient authority over the men 
 for whose conduct they are held responsible. 
 
 Again, persons who have been appointed to positions as 
 firemen, by the rule of seniority, will later be promoted to 
 act as engineers. It has aptly been said that "the boy is 
 father to the man." No man can justly reason, that a 
 person who has held the position of fireman for five or six 
 years, performing his duties only in a forced, disinterested 
 way, goes home tonight a careless, shiftless, selfish fireman, 
 if promoted, will come back tomorrow an exemplary en- 
 gineer. These are certainly not the kind of men that have 
 directed the policy of the Brotherhood of Locomotive En- 
 gineers, and made our organization what it is today. 
 Nevertheless, for the purpose of elevating the standing of 
 these men in society, many are frequently accepted to be 
 members of our Order. Is it not an injustice to an or- 
 ganization, one of the principal aims of which is to en- 
 courage an interest in the chosen profession of its mem- 
 bers? Is this not a pernicious habit, that allows the selec- 
 tion of such persons as firemen in the first place? Are these 
 the kind of men into whose hands you care to place the 
 lives and safety of your loved ones? 
 
 A person desiring to secure the license of a first-class 
 marine engineer, is expected to furnish to the United States 
 inspector, the recommendation of not only the engineer of 
 the boat upon which he is employed, but also the recom- 
 mendation of another licensed engineer. This rule should 
 have the effect of securing men of character, as well as 
 ability to fill these positions. Why should not as much 
 care be taken in the case of the man of whom it is in- 
 tended to make a locomotive engineer? The United States 
 inspector of marine boilers confines to a class of men whose 
 abilities and judgment have already been tested to his sat- 
 isfaction, the privilege of recommending other men they 
 believe to possess the necessary qualifications to enter their
 
 66 Railroads and the Public. 
 
 class. What error could the railroads make in adopting- 
 the custom of insisting- that an applicant for a position of 
 fireman, shall secure the recommendation of three (3) en- 
 gineers of at least one year's experience as such? Should 
 this applicant, having been employed upon trial prove his 
 unworthiness for the position, the engineers recommending 
 him could be called u])on to correct his habits or withdraw 
 their responsibility for the man. On the other hand, should 
 this fireman feel that he was not treated with due con- 
 sideration and respect, he could appeal to the engineers 
 who had in the first place indorsed him and unquestion- 
 ably receive their assistance and support. We believe many 
 benefits would accrue to the railroads from such a course 
 as this, and amongst these we will allude to the following", 
 as it is upon this our proposition is based. 
 
 It is here we come to your Commission, and while ad- 
 mitting it is not strictly the purpose for which your hon- 
 orable body was appointed, still, we believe it is by infer- 
 ence within the scope of the powers of the same; for we 
 believe it can be considered logically as a step in the di- 
 rection of avoiding strikes. 
 
 We respectfully ask your Commission to draw up a con- 
 tract binding the railroad; provided, we do what we say 
 by united interest we believe can be done, namely, to save 
 by care and intelligent work, 25 per cent, of the cost of 
 fuel. 
 
 For example, we will allow that a certain railroad pays 
 for coal $3,200,000 per year. Of this amount, owing to 
 unskillful firing, thoughtlessness and lack of interest, one 
 shovelful of coal in four, viz: 25 per cent., or over $800,- 
 000, is worse than wasted. Exceptions may be taken to 
 this estimate of waste as being a bald assertion. I may be 
 challenged to show uix)n some trains by some men where 
 5 per cent, can be saved, and I will admit I would fail; but 
 I will take this man upon another train where the fire-
 
 Railroads and the Public. 67 
 
 man burns, or rather shovels, dry coal, throwing- three or 
 four shovelfuls of coal before closing his door, and prove 
 to him that upon this train over 50 per cent, of coal is 
 wasted. 
 
 Not only that, but by allowing his fire-box door to re- 
 main closed as the engine drifts into the station, on ac- 
 count of escaping smoke, great discomfort is experienced, 
 by not only the traveling public, but also by residents liv- 
 ing adjacent to the tracks and friends who may have oc- 
 casion to come to the station to meet passengers upon in- 
 coming trains. This nuisance can be abated by opening 
 the fire-box door and using the "blower" to draw over the 
 top of tlie fire the oxygen of the air, to mingle with the 
 gases stored in the coal and utilize the same. When this 
 is properly done, no smoke will escape. 
 
 Every intelligent engineer knows that every puflf of black 
 smoke that leaves the stack of a locomotive is just that 
 amount of gases lost that should liave been used for pro- 
 ducing heat. Experiments are constantly being made and 
 new inventions tried to find a mechanical device that will 
 perform the function of burning the smoke. Owing to 
 the fact that railroad companies are ever using different 
 grades of coal, and some grades of coal require more air 
 to consume their gases, it is a question if any fixed mechan- 
 ical device can ever be found to do this work. 
 
 The railroads, in the persons of the engineers and fire- 
 men, already have upon their engines practical smoke con- 
 sumers, and by the exercise of intelligent foresight, can 
 not only entirely prevent the escape of black smoke, even 
 when the engine is not using steam, but to a large degree 
 when she is working. Admitting the fact that at times low 
 grades of coal are used; as well also, that at times the lo- 
 comotive is forced almost beyond her capacity, more or 
 less smoke is necessary; but by the fireman fam.iliarizing 
 himself with the conditions adjacent to his tracks, noting
 
 68 Railroads and the Public. 
 
 the side the smoke is blown, he can in many cases so regu- 
 late his firing as to remove all causes for complaint from 
 people living near railroad tracks. Self-interest should 
 prompt us to do this, as we all enjoy the run through 
 places where care is taken in the appearance of residences. 
 The valuation of this property would be enhanced; in fact, 
 the benefit would be far-reaching. 
 
 The question may be here logically advanced, if these 
 matters are facts, why the railroads do not take steps to 
 prevent these abuses, and I will say they have for years 
 tried and continue to try, but in nearly all cases meet with 
 signal failure. Efforts have been made by individuals, but 
 it requires almost a degree of aggressiveness to continue 
 these efforts. 
 
 As an encouragement to the men to repair past errors 
 of management in employing disinterested men, we ask 
 that the railroad companies set aside as a trust fund one 
 thousand shares of their treasury stock, which will be 12/^ 
 per cent, of what has been saved in the fuel account in 
 one year, estimating stock upon par value of the same. 
 
 The dividends accruing upon above stock shall be paid 
 to the treasury of the company which, under the Act passed 
 by the General Assembly of the State of Rhode Island on 
 the 9th day of February, 1900, has been incorporated as 
 the "Conductors' and Engineers' International Investment 
 Co., for the purpose of encouraging and developing among 
 its members provident habits of saving." Under the by- 
 laws of this company, not less than 75 per cent, of its 
 stockholders must be engineers or conductors, thereby in- 
 suring the control of the company always in the hands of 
 these men. 
 
 Besides the dividends, this company shall have all the 
 rights of actual ownership in above stock, other than it 
 shall not be transferable, and upon the event of the sur- 
 render or loss of the charter of the company holding this
 
 Railroads and the Public. 69 
 
 stock, it shall revert back to its orig-inal owners. The con- 
 tract will allow us one year to demonstrate our ability to 
 make this saving" and for the railroads to judge as to 
 whether we accomplish the result. Should we fail to agree 
 upon this result, the contract shall require the Railroad 
 Commissioners of Massachusetts to decide the question. 
 The Railroad Commissioners will be expected to require 
 their inspectors to familiarize themselves with existing con- 
 ditions upon the eng-ines of the railroads to be in position 
 to pass upon possible improvement. This, to us, appears 
 to be the only practical way to decide the question, as fig- 
 ures cannot be relied upon. For example, in case we win; 
 upon the books of the company it will show an increase of 
 operating expenses of $8,000 a year, in reality it will mean 
 a saving of $792,000. In other words, the company gets 
 99 per cent., we receive i per cent. If at any time, in the 
 opinion of the railroad, the conditions revert back to what 
 they were prior to the agreement, upon the decision of 
 the Railroad Commissioners to that effect, the stock shall 
 be surrendered. Should, in your judgment, there be any 
 chance for any man or body of men to receive any benefit 
 other than appears to be the purpose of the foregoing 
 agreement, you are respectfully requested to provide 
 against the same. 
 
 To make this a success, we must have the influence and 
 co-operation of the Division Superintendent and Master 
 Mechanic, to the extent of naming the men who refuse to 
 assist us. 
 
 The purpose of this proposition is to encourage the men, 
 by prudence and thrift, to obtain an interest in the com- 
 pany, that later, by good judgment and further invest- 
 men the-y may have a voice in the actual management of 
 
 the same. 
 
 Respectfully submitted, 
 
 J. E. MILES.
 
 70 Railroads and the Public. 
 
 Few if any of the employees of the railroads have any 
 vested interests in the corporations by which they are em- 
 ployed. Changes in the management many times bring 
 changes all along the line creating a condition of uncer- 
 tainty similiar to what may be found in politics as applied 
 to popular government. It was to meet and overcome these 
 conditions that inspired the incorporation of the Conduct- 
 ors' and Engineers' Investment Company of Rhode Island, 
 incorporated under the laws of that State. The men who 
 have so successfully organized this company are all active 
 railroad men and have demonstrated by the results of their 
 labors that as yet there is no corner in brains. 
 
 The men who direct the affairs of the Conductors' and 
 Engineers' Investment Company are men of good char- 
 acter, their busines? methods sound and of a nature to ele- 
 vate the standing of railroad men in public esteem. 
 
 Their purpose is to more closely unite the relationship 
 of conductors and engineers, and I believe we should all 
 be identified with and do all we can to assist in the success 
 of this most laudable purpose. It was upon this principle 
 I submitted the paper to the gentlemen to whom it was 
 addressed, hoping to be able to increase the treasury of the 
 company, reduce the expenses of the railroad and improve 
 the service upon the same. 
 
 It was the desire to have the offer presented to the rail- 
 road directors; it is printed here for the information of all 
 concerned. It is to be regretted the experiment cannot be 
 tried. Should a general interest be taken to the extent that 
 we save the 25 per cent., and the corporation is required to 
 pay the bounty, they would then receive a hundred for one 
 and an improved service. Assuming only a few men should 
 interest themselves, the railroad would gain just that much, 
 as it is expressly stated that unless we hit the bulls eye the 
 bell won't ring. Upon the other hand, every man that 
 takes an interest in his work makes it just that much pleas-
 
 Railroads and the Piihlic. 71 
 
 anter for his fellow employees. Under existing conditions 
 the fellow who tries to do right not only has his own part 
 to do, but is obliged to carry an added burden on account 
 of the indifference of the other fellow. Could the expense 
 saving contract be made, any stockholder of the Conduct- 
 ors' and Engineers' Investment Company would be justi- 
 fied in bringing pressure to bear upon the indifferent em- 
 ployee to get him into line, because of the fact that by his 
 indifference he may prevent his more worthy associates 
 from receiving their just reward. 
 
 As matters rest to-day he could say with the authority al- 
 ready quoted "tht coal don't cost you or me anything."
 
 72 Railroads and the Public. 
 
 CHAPTER VI. 
 
 THE LOCOMOTIVE ENGINEER AT WORK HIS CRIMINAL LIA- 
 BILITY IN CASE OF ACCIDENT. 
 
 Conceding the fact that the pubHc as a rule are gener- 
 ous in bestowing credit to those who follow the calling of 
 locomotive engineers, it is a question even then if his cares 
 and responsibilities are fully appreciated. 
 
 The locomotive engineer, by force of public sentiment, 
 is expected to be a man of character and good judgment, 
 as well as of mechanical ability, to perform the duties re- 
 quired. Inasmuch as presence of mind and complete self- 
 control, under the most trying circumstances, are essential 
 qualities, his is a profession that can only be acquired in 
 the school of experience, assisted by a study of mechanical 
 engineering. While on duty he must maintain a close 
 supervision of the smallest detail of his work, and is ever 
 required to keep the closest lookout ahead and control the 
 speed of his engine. In the marine transportation we have 
 the fireman attending strictly to the duty of making steam, 
 the water tender to feed the boiler, and then comes the 
 oiler to watch and lubricate the machinery. We have the 
 lookout with no duty other than to see the track is clear, 
 while in the pilot house are at least two men to control the 
 movements of the ship. 
 
 The locomotive engineer does all these things ex- 
 cept fire the engine, and he supervises that. They are 
 but a small part of the tax upon his faculties. He must 
 keep a strict watch upon his time to see he does not exceed 
 his schedule, or in case of failure to make the same; be 
 prepared to give an accurate account of the cause for the 
 failure. He must keep ever in mind the frequent bulletin
 
 Railroads and the Public. 73 
 
 notices issued, and have an intimate and ever ready knowl- 
 edge of all rules and regulations affecting the operation of 
 the rrilroad. 
 
 Take a trip such as hundreds of engineers run daily, and 
 Itain the conditions under which this work is done. 
 
 Let us assume, that at the last moment, as is often the 
 case, it is found to be inexpedient to send out the regular 
 engine assigned to the train, and orders are given to take 
 another engine, which will be one from the pool list. The 
 personal effects of the engineer and fireman are hastily 
 bundled together and carried to the engine assigned. Here, 
 instead of the orderly arrangement of affairs as upon their 
 regular engine, they find coal scattered about the footboard, 
 while dirt, dust and grease are everywhere about the cab. 
 Valves are leaking hissing steam for want of packing, while 
 water is dripping from gauge cocks that cannot be closed. 
 While the fireman is after supplies, the engineer congratu- 
 lating himself upon finding even a broken handled monkey 
 wrench amongst the motley assortment of old junk in the 
 tool box, commences to fill the cups, and he grows serious 
 as he inspects the engine he must take out. With many 
 misgivings he looks at the driving boxes filled with coal 
 and the rod brasses badly worn. The fireman returning, 
 brings a letter from the office asking for more definite ex- 
 planation in reference to a delay of some days previous. 
 It may be a request for an accident report on account of 
 some passenger who closed the car door upon his thumb; 
 this may be the first information the engineer has received 
 of the fact, yet the letter contains a request for an explana- 
 tion, why an accident report was not filed within specified 
 time, as called for by the rules. The letter may be a re- 
 quest for the engineer to report at the office of the Super- 
 intendent the following day. Whatever it may contain 
 there are troubles enough without it. Before he has had 
 time to prepare matters for the trip and oil his engine, he
 
 74 Railroads and the Public. 
 
 is informed it is his turn for the table and that he is holding- 
 other engines back. He is obliged to complete his prepara- 
 tions in the yard, trying to finish his oiling, all the time 
 watching for signals to move. The sand pipes are plugged 
 and after backing his train into the station, while he is try- 
 ing to get the sand through the pipes, the conductor comes 
 down with train orders to make a meet, possibly twenty-five 
 or thirty miles away. If it is after dark he is fortunate 
 if he does not have trouble trying to make a dingy head- 
 light burn. All this time the fireman has had his own 
 troubles all cut out for him. 
 
 It is time to go, and through the glass of the cab window, 
 with an accumulation of dirt that makes it well nigh 
 opaque, he sees his first signal at safety. While running 
 out through the yard, where his undivided attention should 
 be given to watching the signals and switches, he is trying 
 to locate the different pounds in his engine, and tries to 
 decide upon the efi^ect of the same. 
 
 He does not go far before he appreciates that he must 
 "favor her on water," that the fireman may keep up steam. 
 The coal is dry and fine, causing it to swirl around the cab 
 and possibly into his eyes. He must note that the gate 
 tender at each highway crossing is at his post, and receive 
 a seasonable signal to that effect. He must keep in mind 
 the number of signal and switch lights at each succeeding 
 station, and in the absence of one of these lights he must 
 govern himself as though the signal were at danger. That 
 the necessary steam pressure may be obtained he has al- 
 lowed his water to drop to the lowest level within safety, 
 and this now calls for closer watching. Local trains that 
 should have been met are running late and must be kept 
 in mind, lest he passes some station upon a cur\'e where 
 passengers are alighting from or being taken aboard. 
 
 He meets the local all right, but has barely shaken off this 
 responsibility ere the odor of a hot box is wafted into the
 
 Railroads and the Public. 75 
 
 cab; to complete matters his injector breaks, for the water 
 is getting low in the tank and dirt has been drawn into the 
 strainer. At the second station he must stop for water, 
 and he decides he will go through to there without stopping 
 for this hot box, as he is concerned about his water in the 
 tank now. Presently the rough riding of his engine tells 
 him a wedge has stuck, caused by expansion of the hot driv- 
 er, and he remembers he has no tools upon the engine to fix 
 it. There is a station two miles away, but he is not schedul- 
 ed to make this stop. The water station is five miles beyond. 
 She must go to there; and after doing all that he can at this 
 station, will ask that another engine be furnished at the 
 first place where a suitable engine is available. 
 
 The fireman is fighting hard to maintain the steam press- 
 ure, and devoting his undivided attention to this duty. 
 Back in the train the passengers are reading or talking; 
 some in one of the cars are being amused by the playful- 
 ness of a little child in its fond mother's arms. None are 
 aware of the struggle up ahead or appear to appreciate the 
 fact that they have placed their lives and the happiness of 
 their loved ones in the hands of this one man — this engi- 
 neer of whose character and habits they are entirely ignor- 
 ant. Can any one well imagine a responsibility greater than 
 his? He sits there in the cab watching that his brake 
 reservoirs have their maximum pressure of air, and his 
 mind, notwithstanding the many distracting influences, 
 must be ready to act in the proper way in the case of an 
 emergency ever likely to occur and frequently occurring. 
 
 What about that train order to meet this other train? 
 Have you forgotten it? Has he? And if he has, there is 
 no one to remind him. The order read for the next sta- 
 tion, and we have seen him planning for repairs upon his 
 engine at the station beyond that. 
 
 One mile farther — we can only wait to see — think of 
 these innocent people — think of the little child.
 
 76 Railroads and the Public. 
 
 The "critical moment" is fast approaching for this en- 
 gineer, for already signal lights show clear for the station 
 hidden by the curve. As he leans from the cab window, 
 picking up familiar landmarks as shown by the uncertain 
 light from the dirty reflector of this scrap heap of an engine 
 he is running, there appears to be no sign of his intention 
 to stop. Does he remember? He finds the mark for which 
 he is looking. It is the "whistling post" for the station. 
 
 Now, he quickly closes the throttle, drops the links and 
 prepares to stop. 
 
 This train order has ever been foremost in his mind. 
 Through all these little difficulties it is one of the duties 
 expected of him 
 
 At the telegraph office he receipts for another train order 
 stating he will meet train at next station instead of this. 
 He goes back to his engine, calls in his flagman and takes 
 up the fight again. 
 
 Is there anyone who will not admit this is too great a 
 responsibility upon any one man ? And yet this is an every 
 day experience. 
 
 If we are not prepared to cope with all of these condi- 
 tions the public is informed that the accident occurred 
 because "the man's brain failed to work." Instead of a hot 
 driver box we might have written it water in boiler foam- 
 ing, fire box leaking, a grade of coal unfit for the purpose 
 of making steam, or a score of influences of a nature to 
 distract the attention of the engineer from what may right- 
 ly be considered the proper channel for his thoughts. 
 
 Providing that the engineer is a man of temperate 
 habits and good character, highly appreciative of the grave 
 responsibility of his position, yet in consequence of the 
 many duties requiring his attention he fails upon one and 
 fatal results follow this falure; is it fair to say he has com- 
 mitted a crime? When a wreck occurs many people pro- 
 fess to wonder what the engineer was thinking about, un-
 
 Railroads and the Public. yy 
 
 mindful of the fact that many matters of equal importance 
 were requiring his attention and care. These same wise- 
 acres, who judg-e us with their little brains located in their 
 mouths, have to tie a string around their finger to remind 
 themselves to order the coal or to mail a letter. But in the 
 case of the engineer they would have forgetfulness a crime. 
 
 It is not our purpose to create sympathy for or to shield 
 the fellow who wantonly allows his thoughts to drift to 
 matters foreign to his duties, or who in consequence of the 
 use of intoxicating liquor has allowed his brain to become 
 clouded or his faculties benumbed. We simply ask justice 
 for the man who on account of too long hours of steady 
 employment or too many cares requiring his attention, is 
 unable to cope with the conditions existing and upon this 
 account makes the mistake. 
 
 It is true that "Mr. Loftus," a great authority in railroad 
 matters, has never heard of a case as has been portrayed. 
 There is no such widespread cause for complaint as is re- 
 presented. Employees are always making exaggerated 
 statements about the conditions surrounding their employ- 
 ment. He does not credit them. He will bury his head 
 in the sand of statistics made up from delay reports; but 
 statistics we have been taught are the superlative degree 
 of lies. "Mr. Loftus" goes over the road every year with 
 the railroad commissioners on a tour of inspection. We 
 are all well aware of that. At one time it was customary 
 to issue notices that this special train would be run, but of 
 late years when we see them whitewashing the fences and 
 raking the yards and the roadbed we know the inspection 
 is due. It is made from the president's car, buffet attached, 
 and is always accompanied by a social good time. Now, 
 if our executives will prosecute these employees whom "Mr. 
 Loftus" and his commissioners say are to blame and send 
 them to jail for awhile, it will divert public notice from 
 officials. These matters are very trying upon these gen-
 
 7<^ Railroads and the Public. 
 
 tlemen and they are oblig-ed to take a sea voyage to Europe 
 and a month in the mountains to rest. The pubHc will 
 make a mistake if they ever release "Mr. Loftus" or his 
 associates from the "cow catcher/' where years ago it was 
 suggested that they be tied to insure the safety of the pas- 
 sengers. 
 
 Had it Ijeen the desire to paint a horrible example 
 of the work we are often called upon to do and is 
 done successfully, we could have painted this story upon 
 a stormy night, when signals are obscured by snow or fog. 
 We could have described, literally, one of our engines, as 
 much worse than the one written about, as this engine was 
 worse than she should have been. Instead of the faithful, 
 conscientious fireman, working with untiring energy to 
 lighten the cares of the engineer; we would have had upon 
 this train an inexperienced, or far worse, a self-important 
 fireman, who disagrees with Shakesj^ere's axiom, — "An 
 two men ride of a horse, one must ride behind." There are 
 many trips made under more favorable conditions, but we 
 have written what we believe to be a happy medium, — just 
 an ordinary, or another phase of our every day life. We 
 will later ]Mxsent a remedy, and demonstrate that these 
 nerve racking experiences, with their elements of danger 
 to the public, are unnecessary. 
 
 If the authority who has enlightened the public as to 
 the causes of the accidents could place himself in the po- 
 sition of one of these engineers, he would certainly qualify 
 his opinions and lend his aid in correcting the evils. 
 
 The gentleman goes further and claims it is unfair to 
 blame the management of our railroads for these existing 
 conditions, thereby virtually admitting that things are be- 
 yond their control. This is an opinion many of us had 
 held for some time, and as a remedy for this state of affairs 
 we have asked for governmental supervision of our railroads 
 by men competent to exercise it.
 
 Railroads and the Public. 79 
 
 CHAPTER VII. 
 
 COMMISSIONERS INVESTIGATING AND REPORTING RAILROAD 
 ACCIDENTS. TESTIMONIAL TO ASA P. FRENCH. 
 
 The Railroad Commissioners in their thirty-third annual 
 rejx^rt print upon pages 80, 81, 82 this statement of a de- 
 cision as to the cause of the 
 
 Collision on New York, New Haven & Hartford Railroad 
 
 at Avon. 
 
 "On September 18, 1901, freight train No. 5609, due 
 from Braintree at Avon, on the Plymouth Division of the 
 New York, New Haven & Plartford Railroad, arrived an 
 hour or more late, and was backed from the south-bound 
 to tb.e north-bound track, where it stood preparatory to 
 moving upon and over a side track. 
 
 The regular passenger train leaving Boston at 1.08 p. 
 m., and due at Avon at 1.37 p. m., approached at its usual 
 speed of thirty-five to forty miles an hour. As this train with 
 the right of way and apparently clear track was in the act 
 of passing the freight train, the latter was put in motion, 
 in the expectation that it would move down the north- 
 bound track and thence upon and over a side track. Had 
 this movement taken place, there would have been no acci- 
 dent. But the switch that connected the northerly end of 
 the cross-over between the two main tracks, over which 
 cross-over the freight train had been backed, was open, and 
 the freight train when put in motion almost immediately 
 swung to the right, and, passing upon the cross-over, be- 
 fore it could be stopped, came into collision with cars of 
 the passenger train. In consequence of this collision, six 
 lives were lost and many persons injured.
 
 8o Railroads and the Public. 
 
 At a public hearing, held in the office of the Board, 
 October i, 1901, the testimony included statements by the 
 conductor, engineer, fireman and switchman of the freight 
 train, and the engineer and fireman of the passenger train. 
 
 Upon the arrival of the freight train at Avon the switch- 
 man opened the switch at each end of the cross-over be- 
 tween the main tracks. He closed the switch at the south 
 end as soon as the train had passed it. and then, instead 
 of following up the train and closing the north switch as 
 soon as the train cleared it, he walked over to another 
 switch on the north-bound track, and set it for the siding 
 upon which the freight train was to move. The freight 
 train was then standing on the north-bound track, close 
 to the open switch at the north end of the cross-over. For- 
 getting that he had left that switch open, the switchman 
 gave the signal to the engineer that everything was all 
 right. The position of the engine of the freight train was 
 at this moment such that the body of the machine shut from 
 the view of the engineer upon the right of the cab both the 
 switch target to the left and the open point of the switch 
 in front. Relying upon the sign given by the switchman, 
 the engineer started his train forward. 
 
 Forgetfulness in the performance of duty on the part 
 of the switchman was the first contributing cause to the 
 disaster, but it was the further careless act of the engineer 
 which permitted fatal results to follow the fault of the 
 switchman. Had the engineer, as he ought to have done, 
 either stepped across the cab and looked at the switch 
 target, or inquired of the fireman about it, he would have 
 been seasonably informed, through his own senses or those 
 of the fireman, of the switchman's mistake. 
 
 The rules of the company require of the engineer "the 
 exact observance of all signals and other precautions es- 
 tablished for the safety of trains" and "the avoidance of 
 all risk." They further authorize even disobedience of the
 
 Railroads and the Public. 8i 
 
 orders of a superior, "when such orders endanger the safe- 
 ty of the train or cause injury to persons or property." But 
 if there were no rules, proper appreciation of his responsi- 
 biHty for the safety of others required the engineer, know- 
 ing, as he did, that the passenger train was approaching, 
 in fact was then passing, to make sure, in the use of his 
 own senses or those of his associate, that the switch di- 
 rectly in front of his engine was closed. To rely upon the 
 signal to go ahead given by the switchman standing at an- 
 other switch some little distance away, under such circum- 
 stances, was carelessness. 
 
 We accordingly find that the accident happened through 
 the combined carelessness of the engineer and the switch- 
 man of the freight train. 
 
 October lo, 1901. 
 
 James F. Jackson, 
 
 George W. Bishop, 
 
 Clinton White, 
 
 Committee." 
 
 All of this reads well, but it is absolutely impracticable 
 to run a locomotive without confidence in signals received 
 from the trainmen, and the Commissioners allowed this 
 most favorable opportunity to go when they might have 
 exemplified the recommendation upon pages 34-35 "The 
 subject of railroad signals has received much attention, and 
 interlocking switch and signal plants have been installed in 
 many places; there is need that more additional equipment 
 of this kind should be provided at an early date." 
 
 The adoption of the above recommendation by the rail- 
 roads will be highly appreciated by all engineers. 
 
 It is to be regretted that the accident at Avon was not 
 held to be a good object lesson for this opinion of the com- 
 missioners. 
 
 We submit the statement of District Attorney 
 Asa P. French to the Grand Jury at Dedham, and ask that
 
 82 Railroads and the Public. 
 
 proper recognition be taken of what we consider to be a 
 practical, logical, and just conclusion on part of Mr. French 
 in attemi)ting to fix blame for this accident. 
 
 District Attorney Asa P. French to Grand Jury at Dedham 
 
 April II, 1902. 
 "Gentlemen : 
 
 In deciding- as to the responsibility for the wreck at 
 Avon on September 18 last, you are to remember that in 
 the performance of his duty as locomotive engineer upon a 
 freight train, Mr. Sheldon was obliged to accept and act 
 upon signals given by his switchman and trainmen. 
 
 It was in obedience to a signal given by this switchman, 
 whose sole duty at this time was the care of these switches, 
 the position of which was hidden from the view of the en- 
 gineer, that the engine was moved ahead, the result of 
 which caused the wreck. 
 
 This action upon the part of the engineer was not only 
 in accordance with his usual custom, but always was, and 
 continues to be, the general practice of all engineers in like 
 
 circumstances." 
 
 Attention is called to the fact that the decision of the 
 Railroad Commission was rendered and published October 
 10, 190 1, while Mr. Sheldon was being held for the Grand 
 Jury, and as a matter of fact his trial before that body did 
 not take place until April 11, 1902. 
 
 For a less serious offense of a like nature, newspaper 
 publishers have been summoned to court, and fined for 
 contempt. It is difficult to explain such action upon the 
 part of the Railroad Commissioners, especially when we 
 consider the fact that the chairman of the board is a gen- 
 tleman of acknowledged legal ability. Furthermore the 
 Grand Jury, before whom Mr. Sheldon's case was brought, 
 found no bill against him, and he was exonerated from the 
 charge under which he was held.
 
 Railroads and the Public. 83 
 
 The Brotherhood of Locomotive Engineers indorsed the 
 position of Mr. French, and challenged any practical rail- 
 road man to take exceptions to it. 
 
 In recognition of what we considered to be a sound and 
 just conclusion upon the part of the District Attorney the 
 following testimonial was placed in the souvenir book, pub- 
 lished in connection with the annual ball of Divisions 61, 
 312 and 439, Brotherhood of Locomotive Engineers, held 
 in Boston, December 11, 1902: 
 
 "To Asa P. French, a Lawyer of National Reputation. 
 
 TESTIMONIAL. 
 
 The members of the Brotherhood of Locomotive En- 
 gineers, through the medium of their legislative report, 
 have had their attention called to the action taken by Asa 
 P. French, District Attorney of Plymouth and Norfolk 
 Counties, in a case in which their interests were involved. 
 This case was one which, by the finding of the coroner, as 
 well as the supposed-to-be expert opinion of the Railroad 
 Commissioners, an engineer was accused of being guilty 
 of "contributory carelessness," in causing a fatal accident. 
 The Railroad Commissioners quoted from certain rules of 
 the railroad, as though they were the laws of the State, 
 to find a reason to place certain responsibility upon the 
 engineer. 
 
 It is an open question as to whether or not the rules 
 referred to could be interpreted even by an astute lawyer 
 to apply to the case in hand. 
 
 Certainly there was no recommendation from the Board 
 of Commissioners that could be acted upon to prevent a re- 
 currence of this fatal accident, and it is as possible to have 
 a similar wreck occur today upon the Boston & Maine or 
 Boston & Albany as it is to have a similar accident repeated 
 upon the New York, New Haven & Hartford Railroad.
 
 84 Railroads and the Public. 
 
 It is quite evident that District Attorney French decided 
 to investigate for himself the causes and conditions which 
 led up to the accident, rather than accept the finding of 
 Railroad Commissioners and the decision of the judge of in- 
 quest. We have no way of knowing along what lines the 
 investigations were conducted, but we feel free to challenge 
 any man to take exception to his practical decision, and 
 the justice of the same, as regards the responsibility of the 
 engineer in causing accident. 
 
 The position of the locomotive engineer is accredited by 
 the general public to be one of danger and great responsi- 
 bility. 
 
 If we accept the credit and praise which the public may 
 deem to bestow upon men of our calling, we should, in 
 justice, be willing to accept the responsibility. 
 
 It is a fair question, though, just how far or to what 
 ends this matter of responsibility may be carried. 
 
 We are responsible to the management of the railroads 
 
 for making the schedule time of their trains, the time of 
 which has been computed by them without the least con- 
 sultation with the engineers. 
 
 We are responsible to these men to the extent that a 
 failure upon our part to make this time will put some other 
 man in our place. 
 
 On ihe other hand, we are responsible to the travelling 
 public for the comfort and safety of the same. 
 
 We are responsible to the public to the extent that failuie 
 on our part to fulfill our obligations as regards their safety 
 may require us to defend our position before the courts 
 against a charge between which and wilful murder, in the 
 minds of many men, there is a distinction, but little differ- 
 ence. 
 
 In this defense, by the decision of the Railroad Com- 
 missioners, we must not only support our position accord- 
 ing to the law of the State, but according to the rules of
 
 Railroads and the Public. 85 
 
 the road; rules that, in the opinion of many, are framed 
 more for the benefit of protecting certain officials than 
 for the government of employees. 
 
 The standing of the engineer might well be described in 
 the advice of the Hebrew to his son: "My son, get money; 
 get it honestly if you can — but get it." The engineer is 
 given the time table; he is told, make it — make it — make it 
 according to the rules if you can — but make it. 
 
 Mr. French evidently, in investigating the case, did not 
 confine his investigation to the technicalities of a rule- 
 book, but went into practical lines of what is the Custom. , 
 
 Tf this precedent established by Mr. French is followed, 
 and railroad officials are held responsible for the custom- 
 ary manner in which their work is done, and not shielded 
 on technical interpretation of their rule-book, Mr. French 
 has performed a signal favor for all engineers, and, indi- 
 rectly, the public. 
 
 Mr. French takes no active part in politics, but not- 
 withstanding this fact, was elected to his present office 
 with no opposition. In the words of Rip Van Winkle, 
 "May he live long and prosper," is the sincere wish of all 
 members of the Brotherhood of Locomotive Engineers." 
 
 This matter was taken up in support of Mr. French's 
 position and in appreciation of services rendered, and was 
 written without consultation with him. Our action was 
 justified upon the ground that if criticism of men in public 
 office is warrantable — provided the criticism is fair and 
 just and based upon facts, — then credit may be bestowed 
 upon men, when their purpose or judgment is laudable. 
 
 We should all appreciate that it is a pretty serious matter 
 to criticise a man, or a body of men, when, owing to the 
 fact that it may not be possible to defend themselves, these 
 men as the result of criticism, may suffer the loss of a hard 
 earned reputation, or an irreparable injury to their charac-
 
 86 Railroads and the Public. 
 
 ter; "Among us democrats," as President Eliot has been 
 quoted as expressing himself, there should be no difference 
 in the application of this rule, either by railroad commis- 
 sioner or locomotive engineer, If both act upon the 
 principle of a "square deal" perhaps the interests of the 
 public will be as well preserved under existing conditions 
 as if the two bodies were working together. 
 
 We are obliged to admit this was not always our opinion, 
 but if it is the desire of the railroad commissioners I don't 
 know that we need to complain. 
 
 Let us see how charges may be made against engineers : 
 Suppose that as a matter of economy consistent with the 
 course of some of our railroads, the safety valves are re- 
 moved from the boilers of the locomotives, and by the rules 
 for the government of employees, the persons responsible 
 for the care of these engines, are required to prevent the 
 steam increasing above a certain pressure. 
 
 Assume, that owing to the fact that other equally im- 
 portant duties controlled the attention of the engineer and 
 fireman, the steam pressure increased to such a degree as 
 to cause an explosion by which lives are lost. 
 
 Should an investigation be held by men of little practical 
 ability, or men desirous of shielding the railroad from re- 
 sponsibility we should expect to read, judging by previous 
 reports of investigations, that, forgetfulness in the per- 
 formance of duty on the part of the fireman was the first 
 contributing cause to the disaster; but it was the further 
 careless act of the engineer which permitted fatal results 
 to follow the fault of the fireman. "Had the engineer as he 
 ought to have done," either looked at the steam gauge or in- 
 quired of the fireman about it, he would have been season- 
 ably informed, through his own senses, or those of the fire- 
 man, of the danger of the situation. The rules of the com- 
 pany require of the engineer the exact observance of the 
 steam gauge and other precautions established for the safe-
 
 Railroads and the Public. 87 
 
 ty of the boiler, and "the avoidance of all risk." They 
 further authorize, even disobedience of the orders of a su- 
 perior, "when such orders endanger the safety of the train 
 or threaten injury to persons or property." But, if there 
 were no rules, proper appreciation of his responsibility for 
 the safety, required the engineer, knowing, as he did, that 
 the steam pressure was likely to rise, in fact was then rising, 
 to make sure, in the use of his own senses or those of his 
 associate, that the steam gauge directly on top of his boiler 
 was carrying no more than the pressure prescribed. "To 
 rely upon a statement that everything was all right," given 
 to him by a man standing in a position from which he had 
 a clear view of the steam gauge, and who at the time was 
 expected to be responsible for the pressure upon the same, 
 under such circumstances, was carelessness. We accord- 
 ingly find that the accident happened through the combined 
 carelessness of the engineer and the man responsible for the 
 pressure in the boiler. 
 
 This statement would be couched in the most glittering 
 generalities, and when read by dear old ladies, we can hear 
 them say, what remarkable men these committeemen are. 
 
 Now, what would be the report of a practical man who 
 had an interest in the prevention of future accidents? We 
 can imagine his report embodied in one sentence addressed 
 to the president of the railroad. Equip your locomotive 
 boilers with automatic safety valves. 
 
 To obtain something feasible as embodied in the latter 
 report is unquestionably the intent of the law authorizing in- 
 vestigations by a special board. 
 
 The office of the district attorney may reasonably be en- 
 trusted with protecting the interests of the public in cases 
 of carelessness or incompetency. 
 
 More than for the display of rhetorical flourish, the pur- 
 poses of investigations by the board of railroad commission- 
 ers may reasonably be assumed to be, to ascertain the
 
 88 Railroads and the Public. 
 
 causes of accidents, that safeguards may be recommended 
 to prevent similar accidents. 
 
 To more clearly establish this fact a petition was pre- 
 sented in House Bill 575, by John E. Miles, entitled 
 
 An Act 
 Relative to Investigations by the Board of Railroad Com- 
 missioners. 
 
 Be it enacted by the Senate and House of Representatives 
 in General Court assembled, and by the authority of the 
 same, as follows : 
 
 Section i. Section 17 of Chapter 1 1 1 of the Revised 
 Laws is hereby amended by adding at the end thereof the 
 following : But the result of the investigation of the board 
 shall not be nublished or made public by the board in any 
 case in which the board finds that the accident was due to 
 negligence on the part of any employe, — so as to read as 
 follows : — 
 
 Section 17. The board shall investigate the causes of 
 any accident on a railroad or street railway whicli results in 
 loss of life; and of other accidents which, in its judgment, 
 require investigation; but the result of the investigation of 
 the board shall not be published or made public by the board 
 in any case in which the board finds that the accident was 
 due to the negligence on the part of any employee. 
 
 Section 2. This act shall take effect upon its passage. 
 
 At a hearing held before the railroads committee the rea- 
 sons given for presenting this petition were such as have 
 been here cited. The chairman of the railroad commission 
 at this hearing stated, that "the petition under consideration 
 had been discussed in an amiable manner at the office of the 
 commissioners by Mr. Miles, and I agreed with him that 
 it was not the purpose of investigations to find the person 
 blamed, so much as to find the cause, that some remedy 
 might be recommended to avoid future accidents of the
 
 Railroads and the Public. 89 
 
 same nature. This was the policy adopted by the board. 
 Still it might be possible for an accident to occur where in 
 public opinion the corporation would be held to blame, 
 while as a matter of fact it would be some employee, and 
 an injustice would be done to the Company; as to whether 
 or not the legislature was desirous of taking this privilege 
 away from the board was for the committee to say." 
 
 Inasmuch as according to the finding of the grand jury 
 in the Avon case, it has been demonstrated that the rail- 
 road commissioners are not infallible, it might be as well 
 if this body should keep within the intent of the law, as 
 was agreed it is, by the commission. 
 
 It seems fair to assume, that the railroads, in exchange 
 for the press mileage so generously bestowed upon the agen- 
 cies most influential in shaping public opinion; and through 
 the opportunities given at "pink teas," for railroad officials 
 to read their carefully prepared and type written speeches 
 which will later, at probably high priced advertising rates, 
 appear in the papers; that the railroad companies are in a 
 pretty fair position to mould public opinion for their own 
 good. 
 
 The statement of the railroad commission gives good 
 ground for the following reasoning of the Springfield 
 Union: 
 
 "In actual practice the board of railroad commissioners 
 does little more than prevent the patrons of steam and elec- 
 tric roads from securing relief from intolerable conditions." 
 *********** 
 
 "The board should be the servant of the people who have 
 created it, not the creature of the railroads which it has now 
 become either through failure to properly interpret or fail- 
 ure of the laws themselves." 
 
 To return to the engineer; — we are not to be under- 
 stood to mean that the present railroad oflficials are alone 
 necessarily responsible for the unhappy conditions many of
 
 90 Railroads and the Public. 
 
 the men we ride behind are many times obHged to contend' 
 with; for it is undeniably a fact that it is not owing to any 
 parsimonious policy we find this state of affairs, but to the 
 absence of interest gradually growing less through want of 
 encouragement or lack of proper discipline. 
 
 Every new engine is given a complete and expensive set 
 of tools suitable for use in case of break down, and with 
 proper care considering the iise. these tools might reasona- 
 bly be expected to last the lifetime of the engine. Instead 
 of this we find, month after month, cases upon cases of 
 tools, lanterns, and all kinds of supplies coming to 
 our storeroom to replace others of the same kind that either 
 through carelessness or dishonesty have been lost or stolen. 
 Serious delay is at times inflicted upon the public through 
 the want of the most ordinary equipment for use in case of 
 breakdown. The public interest is ignored, but they have 
 the remedy in their own hands by holding the Railroad 
 Commissioners responsible for any laxity existing either 
 in the equipment or the men.
 
 Railroads and the Public. 91 
 
 CHAPTERS VIIL 
 
 CHARACTER OF THE LOCOMOTIVE ENGINEER. 
 
 Let US make some inquiries as to who this man is we trust 
 so blindly? Where did he come from? What is his char- 
 acter? Is he of good moral habits? Who are his asso- 
 ciates? Where does he spend his leisure time? 
 
 Surely if you were employing a coachman, you would 
 at least interest yourself to the extent of learning these 
 things as to his character; but you deliberately place your 
 life and many times the lives of those you hold so dearly, 
 in the keeping of men, in the shaping of whose character 
 little if any interest is taken. Too much credit cannot be 
 given to one particular agency that has ever made character 
 building one of its chief purposes. The agency I refer to, 
 is the Brotherhood of Locomotive Engineers. The motto 
 of this organization are Truth, Sobriety, Justice and Moral- 
 ity. The two fundamental principles of the order are to 
 encourage upon the part of its members an interest in their 
 profession and to elevate their standing in society. How 
 little the public are aware of the efforts of the leaders of 
 this labor organization to encourage all of its members to 
 live up to its purposes. How heavily they are at times 
 handicapped by the material the railroad officials present 
 to them as men eligible to become members; and later these 
 same officials have the audacity to criticize the order. 
 
 Not very long ago a master mechanic called to his office 
 an engineer he had reason to believe was much interested 
 in the Brotherhood, and inquired if a certain engineer be- 
 longed to the order. He was answered in the affirmative, 
 and at once commenced to speak contemptuously of the or- 
 ganization and remarked they should be proud of such a
 
 92 * Railroads and the Public. 
 
 man. When the master mechanic had completed his tirade 
 he was politely informed that the person of whom he com- 
 plained so bitterly, was employed by him as a fireman. Every 
 opportunity had here been afforded him to study his char- 
 acter, which was known to all his associates to be anything 
 but what it should be, but notwithstanding this fact he had 
 been promoted to become an engineer. In due time he avail- 
 ed himself of his privilege, and applied for membership in 
 the order. His application was deliberated upon at some 
 length, and after assurances to try and do right had been 
 exacted he was accepted. We acted upon the ground, we 
 could exercise more influence over him in our order than if 
 he were kept outside. His was not the first case of the kind 
 that had been forced upon us. We had succeeded in making 
 men of worse than he, and we would yet make a man of 
 him. 
 
 At his first opportunity the engineer presented this mat- 
 ter to his associates and asked that all do what was possible 
 to make this man what he should be. Today there is every 
 prospect the purpose will succeed, and in no place is it as 
 much appreciated as in the home, where there is daily offer- 
 ed a prayer for the men to whose efforts the change is due. 
 All men appreciate the degrading influences of evil asso- 
 ciations. Frequently all that a man requires in order to do 
 better is a little encouragement and an opportunity. There 
 are men who think if a man is of a good disposition he will 
 go right under all circumstances ; if of a vicious nature, good 
 influences cannot restrain him. This reasoning may be 
 true of the extremes of either case, but there is a large 
 middle class, and we may all reflect upon the Irishman's 
 toast : 
 
 "Here's to you as Good as you are, 
 
 And Here's to me as Bad as I am ; 
 
 As Good as you are, and as Bad as I am, 
 
 I'm as Good as you are, as Bad as I am."
 
 Railroads and the Public. 93 
 
 A petition was presented to the Massachusetts Legisla- 
 ture of 1903 purporting to come from one John Shea, ask- 
 ing certain legislation intended to curtail the practice of 
 assignment of wages. 
 
 This petition was endorsed by the representatives of a 
 number of labor organizations, but we were all greatly- 
 impressed by the action of the corporations in relation to 
 this matter. 
 
 The two railroad corporations entering the south side of 
 the city of Boston sent special representatives, supported 
 by much documentary evidence. The New York, New Ha- 
 ven & Hartford sent their special legislative counsel to as- 
 sist in conducting the hearing upon this petition before a 
 committee of the Legislature. This counsel stated that the 
 action upon the oart of the railroad represented by him was 
 taken for the "sole purpose of protecting the interests of 
 their employees." Are there any words to express as 
 plainly as this action, what the feelings of these railroads 
 are toward their employees ? Can any one doubt after this, 
 the general desire for suitable conditions, removed from all 
 associations of an immoral, vicious nature? Is it to be 
 thought that after this arousal of interest upon the part of 
 the railroads, they could consistently refuse support toward 
 any movem.ent that will give them "better work from bet- 
 ter men" ? We are all quite agreed that no man dependent 
 upon his daily wages is justified in spending his entire in- 
 come; for that man when adversity comes to him, will 
 either become an object of charity or an encumbrance upon 
 his friends. 
 
 The greatest stress was laid by the counsel of the railroad 
 upon the injurious effect upon the morale of the men. This 
 practice of assignment of wages, in the majority of cases 
 is to procure articles of vanity. 
 
 Probably one of the reasons for the defeat of this peti- 
 tion was the failure upon the part of its sponsors to convince
 
 94 Railroads and the Public. 
 
 the legislators this was not a "paymaster's bill"; and the 
 bold assertion of the counsel for the opposition that the 
 only effect of such a law would be to cause a change in 
 bookkeeping by the people doing this credit business. 
 
 It seemed too bad that nothing could come from the 
 laudable purpose of the railroads to improve the "morals 
 of their men." but directly an opportunity presented itself. 
 
 About this time invitations were sent to several men in 
 active service of the railroads running from the south side 
 of the city of Boston, to attend a convention, to be held in 
 Topeka, Kan., under the auspices of the Railroad Branch 
 of Young Men's Christian Association. 
 
 The thought occurred to us upon the receipt of the invi- 
 tation that this might afford an opporunity to these rail- 
 roads solicitous for the "morale of their men," to extend 
 their sympathies along these practical lines. 
 
 That we might learn the attitude of the railroads upon 
 this question before any action was taken, we asked for an 
 interview with the General Manager, and outlined the pur- 
 pose we had in mind, and asked what he would do upon 
 the matter, or what we might expect to be the position of 
 the road. The project met with his approval, and advice 
 was given as to a good policy to pursue. This advice was 
 strictly observed by us, and in the interests of the engineers 
 I attended the Topeka convention, held May i, 2, 3, 1903, 
 for the purpose of obtaining all information possible in ref- 
 erence to the work. 
 
 Our desire was to create a social forum wherein men 
 from all departments of the railroad service might mingle 
 together for the mutual benefit and for the good of the 
 service. 
 
 Nothing of the sentimental to my knowledge entered, nor 
 should it be allowed to enter, into the proposition. 
 
 This was our original impression, and was further 
 strengthened by observation at the convention.
 
 Railroads and the Public. 95 
 
 In my opinion it is a serious mistake to play upon the 
 feelings or emotions of a railroad man's mind, exhorting 
 him as some religiously inclined people try to do. I believe 
 a man in the position of a railroad employee should have 
 his faculties pretty evenly balanced; that is, in neither the 
 vicious nor the ultra religious channel. Just such a doc- 
 trine as this of President Roosevelt is what we like to hear. 
 
 "I needed no urging to get me to accept your invitation. 
 I hailed the chance of speaking a few words to you on this 
 occasion, because it seems to me that the Railroad Branch 
 of the Y. M. C. A. exemplifies in practice, just exactly what 
 I like to preach ; that is, the combination of efficiency with 
 decent living and high ideals. 
 
 There is an anecdote I have been fond of repeating to 
 railroad men and to others. The last time I saw General 
 Sherman, lie told me that in the event of a war he could con- 
 ceive of no better fortune for a general than to have an anny 
 composed exclusively of railroad men, because they are men 
 whose profession means that they of necessity would make 
 great and successful soldiers; the quality of work, of facing 
 risks, of facing hardships, of combining the capacity to obey 
 quickly with the capacity to take responsibilities, of acting 
 on individual initiative, just as continually as the need 
 arises. 
 
 In our present advanced civilization, we have to pay cer- 
 tain penalties for what we have obtained. Among the pen- 
 alties is the fact that in very many occupations there is so 
 little demand upon nerve, hardihood and endurance, that 
 there is a tendency to unhealthy softening and relaxa- 
 tion of fiber, and such being the case, think it a fortunate 
 thing for our people as a whole that there should be certain 
 occupations, 'prominent among them railroading, in which 
 the man has to show the qualities of courage, of hardihood, 
 of willingness to face danger, of cultivation of the power of 
 instantaneous decision under difficulties — the very qualities
 
 96 Railroads and the Public. 
 
 which go to make up the virile side of a man's character — 
 the quaHties. Colonel McCook, which you and those like 
 like you showed when, as boys and young men you fought 
 to a finish the great Civil war, for when you introduced me 
 in connection with war, it must always be remembered that 
 compared to the war you saw, mine was the veriest skirmish. 
 
 Now, gentlemen, so much for the manliness, so much for 
 the strength, so much for the courage, developed by your 
 profession. You show, and have to show (or you couldn't 
 succeed in doing the work that you are doing as your life 
 work) the qualities which must obtain in any great, mas- 
 terful, powerful people. Those qualities are all-important, 
 but they are not all-sufficient. It is necessary, absolutely 
 to have them. No nation can rise to greatness without 
 them, but by them alone no nation will ever become great. 
 There are plenty of peoples, and reading through the pages 
 of history you come upon them, nation after nation, in 
 which there has been a high average of individual strength, 
 bravery and hardihood, and yet, in which there has been 
 nothing approaching national greatness, because those 
 qualities were not supplemented by others just as necessary. 
 With the courage, with the hardihood, with the strength, 
 must come the power of self-restraint, power of self-mas- 
 tery, the capacity to work for and with others as well as 
 for one's self, the power of giving to others the love which 
 each of us must bear for his neighbor if we are to make our 
 civilization really great. These are the qualities which 
 are fostered and developed, which are given full play, by in- 
 stitutions such as the Y. M. C. A. 
 
 The other day, in a little Lutheran church at Sioux Falls, 
 I listened to a most interesting, a most stimulating sermon, 
 which struck me particularly because of a translation of a 
 word which I am ashamed to say I had mistranslated always 
 myself before. It was on the old text of 'Faith, Hope and 
 Charity ' The sermon was delivered in German, and the
 
 Railroads and the Public. 97 
 
 translation, or the word, that the preacher used for 'charity* 
 was not 'charity,' but 'love.' That the greatest of all the 
 forces with which we deal for betterment is love; and look- 
 ing it up I found what of course I ought to have known be- 
 fore, but didn't — that the Greek word Which we have 
 translated as 'charity' should, more properly, be translated 
 'love.' That is, the word charity we use at present in a 
 sense which does not make it correspond entirely with the 
 word used in the original Greek. The preacher developed 
 in a very striking and very happy fashion the absolute need 
 of love, in the broadest sense of the word, in order to make 
 mankind even approximately perfect. 
 
 We need, then, the two qualities — the quality of which 
 I first spoke to you, and which has many shapes; the quality 
 which rests upon courage, upon bodily and mental strength, 
 upon the will, upon daring, upon resolution — the quality 
 which makes men work; and then we need the quality of 
 which the preacher spoke when he spoke of love as being the 
 great factor, the ultimate factor, in bringing about the kind 
 of human fellowship which will even approximately enable 
 us to go up toward the standard after which I think we all 
 of us, with a great many shortcomings, strive. Work and 
 love — using each in its broadest sense, gentlemen. Work, 
 the quality which makes a man ashamed not to be able to 
 pull his own weight, not to be able to do for himself as 
 well as for others without being beholden to anyone for 
 what he is doing. 
 
 , Work ! No man is happy if he doesn't work. Of all 
 miserable creatures, the idler, in whatever rank of society, 
 is in the long run the most miserable. I don't care at which 
 end he comes. If he comes at one end I believe he is tech- 
 nically described as a 'hobo.' If he comes at the other end 
 he is described by many different terms, but by any which 
 truthfully describes him to be worse than a hobo. If he 
 doesn't work — if he hasn't got in him not merely capacity
 
 98 Railroads and the Public. 
 
 for work ])ut the desire for work — then nothing can be 
 done with him. He is out of ])lace in our community. We 
 have in our scheme of g-overnment no room for tlie man 
 who doesn't wish to pay his way throug-h life by what he 
 does, by what he does for himself and for the community. 
 If he has leisure which makes it unnecessary for him to de- 
 vote his time to earning his daily bread, then all the more 
 he is bound to work just as hard in some way that will make 
 the community the better off for his existence. If he fails 
 in that, he fails to justify his existence. 
 
 Work! The capacity for work is absolutely necessary, 
 and nu man's life is full, no man can be said to live in the 
 true sense of the word, if he doesn't work. That is neces- 
 sary, and it isn't enough. If a man is utterly selfish, if he 
 is utterly disregardful of the rights of others, if he has no 
 ideals, if he works simply for the sake of ministering to his 
 own base passions, if he works sini]ily to gratifv himself, 
 small is his good in the community. I think even then he 
 is probably better than if he is an idler; that is, he may be 
 better than if he is an idler ; but he is of no real use unless, 
 together with the quality which enables him to work, he has 
 the quality which enables him to love his fellows, to work 
 with them and for them for the common good of all. And 
 it seems to me that these Young Men's Christian Associa- 
 tions play a part of the greatest consequence not merely be- 
 cause of the great good they do in themselves, but because 
 of the lesson of brotherhood that they teach all of us. 
 
 Gentlemen, all of us here are knit together by bonds which 
 we cannot sever. For weal or for woe, our fates are inex- 
 tricably intermingled. All of us in our present civilization 
 are dej)endent upon one another to a degree never before 
 known in the history of mankind, and in the long run we 
 are going to go up or go down together. For the moment, 
 some man may rise by trampling on his fellows; for the mo- 
 ment, and much more commonly, some men may think they
 
 Railroads and the Public. 99 
 
 will rise or gratify their envy and hatred by pulling down 
 others; but any such movement upward is probably illusory, 
 is certainly shortlived. Any permanent movement upward 
 must come in such shape that we all of us feel the lift a lit- 
 tle And if there is ? tendency downward, all of us will 
 feel that tendency, too. We must, if we are to raise our- 
 selves, realize that; realize that each of us in the long run 
 can with certainty be raised only if the conditions are such 
 that all of us are somewhat raised, and in order to bring 
 about those conditions the first essential is that each shal/ 
 have a genuine spirit of regard and friendship for the others, 
 and that each of us shall try to look at the problems of life 
 somewhat from his neighbor's standpoint ; that we shall have 
 the capacity to understand one another's position, one an- 
 other's needs, and also the desire each to help his brother 
 as well as to help himself. To do that wisely, wisely to 
 strive with that as the aim, is not very easy. Many quali- 
 ties are needed in order that we can contribute our mite to- 
 ward the upward movemer' of the world, the quality of self- 
 abnegation, and yet combined with it the quality which 
 will refuse to submit to injustice. Mind you that, gentle- 
 men. I want to preach the two qualities going hand in 
 hand. I don't want a man to fail to strive for his own 
 betterment, I don't want him to be quick to yield to in- 
 justice, but I want him to stand for his rights. Of course, 
 I want him to stand for his rights, but I want him to be very 
 certain that he knows what his rights are, and that he does 
 not make them the wrongs of someone else. 
 
 I have a great deal of faith in the average American citi- 
 zen. I think he is a pretty good fellow, and I think he can 
 generally get on with the other average American citizen if 
 he will only know it. If he doesn't know it and er«cts him 
 into a monster in his mind, then he won't get on with him, 
 of course; but if he will take the trouble to know it and to 
 realize it that he is a being just like himself, with the same
 
 lOO Railroads and the Public. 
 
 instincts — not all of them g-ood — the same desire to over- 
 come those that are not good, he same purposes, the same 
 tendencies to shortcomings, the same desires for good, the 
 s:^me need of striving against the evil — if he will realize 
 that, and if you can get the two together with an honest 
 desire each to try, not only to help himself, but to help the 
 other, most of our problems will be solved. I can imagine 
 no way more likely to hurry forward such a favorable solu- 
 tion than this; and therefore I congratulate you with all 
 my heart upon this meeting today, and therefore I esteem 
 myself fortunate in having the chance of addressing you. 
 
 It is a good thing, a very good thing, to attend to the 
 material side of life. Indeed, that is not putting it strong- 
 ly enough. We must in the first instance attend to our 
 material prosperity. Unless we have that as a foundation, 
 we cannot build any kind of life upon it, but we shall lead 
 a miserable and sordid life if we spend our whole time in 
 doing nothing but attend to our material needs. If the 
 building up of railroads, if the building up of the farms, of 
 the factories, of the industrial centers, means nothing what- 
 ever but an increase in the instruments of production and 
 an increase in the fevered haste with which those instru- 
 ments are used, then progress amounts to little. If, how- 
 ever, the upbuilding of all material prosperity is to serve 
 as a foundation upon which we raise a higher, a purer, a full- 
 er, a better life, then indeed things are well with the repub- 
 lic. If, as our wealth increases, the wisdom of our use of 
 the wealth increases in even greater proportion, then 
 the wealth has abundantly justified its existence many times 
 ovar. if, with the industry, the skill, the hardihood, of 
 those whom I am addressing, and their fellows — if with 
 those qualities of theirs nothing comes beyond a sel- 
 fish desire each to grasp for himself whatever he can of 
 material enjoyment, if such l^e the case, then the outlook for 
 the future is indeed grave. If such be the case, then the
 
 Railroads and the Public. loi 
 
 advantage of living in the twentieth century, surrounded by 
 all our modern improvements and our modern symbols of 
 progress, is indeed small. But if we mean to make of 
 each fresh development in the way of material betterment a 
 step toward a fresh development in moral, spiritual, intel- 
 lectual betterment then we are to be congratulated. 
 
 To me the future seems full of hope, because, although 
 there are conflicting tendencies, and although some of these 
 tendencies of our present life are full of evil, yet, on the 
 whole, the tendencies for good are in the ascendant. And 
 I greet this audience, I greet this great body of delegates, 
 with peculiar pleasure because they are men who embody — 
 and embody by the very fact of their presence here — the two 
 essential sets of qualities of which I have been speaking. 
 They embody a capacity for self help with the desire mutual- 
 ly to help one another. You have got several qualities I 
 like. You have good, sound bodies. Your profession is 
 not one that can be carried on — at least in some of its 
 branches — very favorably without the sound body. You 
 have good, sound minds, and that is better than sound bod- 
 ies. And finally, the fact that you are here, the fact that 
 you have done what you have done, shows that you have 
 that which counts for more than body — for more than mind 
 —character. 
 
 Character ! That is what tells in the long run — charac- 
 ter which is compounded of many different qualities. In 
 the first place, of perseverance, resolution, refusal to be 
 daunted. There is not a man here who doesn't at times 
 fail, who doesn't meet failure — not one. And the differ- 
 ence between the man and the sham man is that failure 
 daunts the one and merely makes the other try harder to 
 overcome it. That is one side of character. Think for 
 yourselves how much more it means than mind or body. 
 The intellectual man who is afraid can't do anything. He 
 meets an obstacle and he can not surmount it, and he is
 
 102 Railroads and the Public. 
 
 cowed by it. The man without this mentav gift who, in- 
 stead of being- cowed by it, is spurred to fresh effort by its 
 existence, will pass the other in the race of life as sure as the 
 sun rises in the east. 
 
 I congratulate you, as I say, not only because you are 
 bettering yourselves, but because to you, for your good 
 fortune, it is given to better others, to teach in the way in 
 which teaching is most effective — not merely by precept, 
 but by action. The railroad men of this country are a 
 body entitled to the well wishes of their fellow men in any 
 event, but peculiarly is this true of the railroad men of the 
 country who join in such work as that of these Young Men's 
 Christian Associations, because they are showing by their 
 actions — and, oh. how much louder actions speak than 
 words — that it is not only ix)ssible, but verv. very possible 
 and easy to combine the manliness which makes a man able 
 to do his own share of the world's work with that fine and 
 lofty love of one's fellow men, which makes you able to 
 come together with your fellows and work hand in hand 
 with them for the common good of all, for the common 
 good of mankind in general. I congratulate you." 
 
 An argument as made by Rev. Dr. Henson, that the 
 tendencies of these associations is to draw labor and capital 
 closer together, unquestionably possesses merit. 
 
 In speaking of the strained relations existing between 
 employer and employee. Dr. Henson said, ''That years ago 
 the master and the workman sat at the same bench and 
 worked together. Today the employer spends largely of 
 his time in Europe and is practically unapproachable to his 
 employee." 
 
 Even stationed in Boston, with all the cares of a big 
 railroad system, certainly the time would not be at hand to 
 attend to details and grant interviews to individual em- 
 ployees.
 
 Railroads aii'J the Public. 103 
 
 Assume though, that there was, by mutual assistance of 
 the railroads and the employees, some club or association, 
 by any name whatsoever, having attractions to draw from 
 all departments representative men that opinions might be 
 exchanged; I believe it would result advantageously to both 
 interested parties. 
 
 This opinion was presented to the President of the New 
 Haven, the late Judge Hall, for the reason that should 
 there be any mistake as to the attitude of his railroad, it 
 certainly was not the desire to agitate the men to endeavor 
 to force the hand of an official, so generally respected. With 
 the communication to the President, were enclosed certain 
 legislative reports of the Brotherhood of Locomotive Engi- 
 neers, as tending to show we had gone outside of practical 
 railroading, in a desire upon our part to establish "a com- 
 munity of interest." 
 
 In his reply, Judge Hall stated, he was much pleased 
 with the interest taken by all his employees, and in regard 
 to the Young Men's Christian Association he had no doubt 
 but the railroad would do all that might reasonably be ex- 
 pected, but just what could be done was a matter for the 
 directors to decide. 
 
 With this assurance a petition was circulated, asking the 
 Assistant to the General Superintendent to assume the di- 
 rectorate of a movement to establish an association of rail- 
 road employees upon the south side of the city of Boston. 
 
 The signatures of several hundreds of employees from 
 all departments were affixed to this petition, pledging their 
 assistance toward making the purpose a success In this 
 case the gentleman to whom the petition was addressed 
 should be willing to admit he received a flattering testi- 
 monial from the employees, inasmuch as all appreciated the 
 fact, that in his position as an official, we were willing to 
 accept him as the chosen representative of the men.
 
 104 Railroads and the Public. 
 
 IMore than a year went by and no answer came to our 
 petition from the railroad officials. 
 
 It seemed too bad that our purpose could not be enter- 
 tained, and we turned to the Boston Young Men's Christian 
 Union, which being- less than seven minutes walk from 
 the South Station, is to all practical purposes conveniently 
 accessible to the employees of the railroads. It is the first 
 of its kind and one of the most democratic and thoroughly 
 American institutions in the country. It is furnished with 
 the largest and best equipped reading room and library in 
 the city, while in its parlors and class rooms are found at- 
 tractions for men of all grades of society, at the nominal 
 fee of one dollar per year. For those who delight in 
 athletics the Union has the largest and best equipped gym- 
 nasium and bath rooms in Boston. By way of special in- 
 vitation to the railroad men we asked that special quarters 
 be assigned for their use, the Union providing light and 
 heat, the railroad paying the expense of fitting up and 
 caring for the rooms. We, upon our part, agreed to in- 
 crease in thirty days from the acceptance of the offer, the 
 membership of the Union by five hundred members. 
 
 At a regular meeting of the directors of the Union our 
 suggestion was accepted, and at our request the railroad 
 was notified of the same, but inasmuch as nothing has been 
 heard from this, our second offer, we fear it rests in the 
 same pigeon hole with the first. 
 
 Boston Young Men's Christian Union should rival in 
 membership and good work accomplished the widely known 
 Cooper Institute of New York. 
 
 With all the advantages to be obtained from the Union 
 it may be fair to ask why railroad men do not more gener- 
 ally avail themselves of these privileges. 
 
 First is the mistaken belief that it is an institution where 
 they try to cram a lot of religion down your throat, while 
 as a matter of fact, except in the rooms assigned for that
 
 Railroads and the Public. 105 
 
 purpose, the subject of religion is seldom broached. It is 
 non-sectarian, and in its membership are represented all 
 creeds. Religion is provided just as are entertainments, 
 lectures and other debatable subjects, but it is not forced 
 upon the attention of any one. 
 
 Another and equally forcible reason why we are not rep- 
 resented there in larger numbers, is owing to the fact that 
 men who are in circumstances to pay for what they get 
 feel that by accepting these favors for such a nominal sum 
 they lower their snirit of self -independence and are accept- 
 ing privileges that might be inteq)reted as matters of 
 charity. The same could be said of our libraries or col- 
 leges. 
 
 One of the principal aims of the employees is to im- 
 press the members with the fact that they are entitled to all 
 the privileges for the value the Union receives. In the chess 
 rooms, the parlors and the gymnasium are to be found 
 many of the most successful business men of the city, while 
 upon the books as members, are the names of the most 
 prominent men of the state. It was in the hopes that by 
 the railroads doing their share, the feeling of our being as- 
 sociated with a quasi charitable association might be elim- 
 inated. We tried to bring them into the agreement. 
 
 Instruction is provided in the class rooms, intended 
 to prepare young men for positions in business. It 
 might be possible to establish an elementary training, 
 such as could be acquired by lectures to young men 
 who might aspire to enter the service of the railroad and 
 from such a course the public could be greatly benefited. 
 The fellow employees of the new men would be benefited, 
 and unquestionably the stockholders would be benefited also. 
 Believing firmly in the great good to be derived frorri this 
 elementary training, we would advocate the establishment 
 of state training schools for this branch of the public serv- 
 ice.
 
 io6 Railroads and the Public. 
 
 CHAPTER IX. 
 
 TECHNICAL TRAINING SCHOOL IN RAILROADING. 
 
 Following the publication of the report of the Interstate 
 Commerce Commission we may read in many of our lead- 
 ing journals unfavorable comments in reference to the 
 safety of travel upon our railroads. Many railroad men 
 and writers have tried to explain and excuse this condition, 
 but none to my mind have come as near to the cause as 
 President Tuttle of the Boston & Maine Railroad, who has 
 been quoted as stating to a Boston audience in the course 
 of an address upon the causes of accidents upon our rail- 
 roads : "It seems to me, therefore, that in the development 
 of our railway business, the demand for reliable men under 
 certain conditions is greater than can be supplied." After 
 this plain statement, coming from such an author, we might 
 reasonably expect the railway companies to welcome any 
 agency tending to furnish better men, trained to take up 
 the duties required. 
 
 It is possible the public is not aware that it is not an 
 unusual practice to send out upon important trains men to 
 act as firemen or brakemen who do not know the first prin- 
 ciples of the required duties. Greater interest should be 
 taken by the public in the personnel of the railroad em- 
 ployees, certainly as much as in the training of men in the 
 practice of navigation. 
 
 In the year 1891 a law was enacted "to provide and main- 
 tain a nautical training school for the instruction of pupils 
 in the science of and the practice of navigation." By the 
 provisions of this law $50,000 a year could be expended for 
 
 the purpose. 
 
 In 1903 the law was amended whereby the Legislature 
 will appropriate such sums as are deemed necessary; and
 
 Railroads and the Public. 107 
 
 in their judgment the state is warranted in appropriating 
 and expending $60,000 a year. 
 
 In his address to the Legislature, January 5, 1905, His 
 Excellency, Governor Douglas, stated, "In my judgment 
 Massachusetts made a good investment when it gave finan- 
 cial encouragement to our textile schools and our nautical 
 training school. I believe we should have similar schools 
 in other industries." 
 
 Therefore, with such strong endorsement in favor of ele- 
 mentary training for young men to enter other lines of em- 
 ployment, why is it not pertinent to ask to have some steps 
 taken to provide for men in, or desirous of entering, the 
 service of the railroads. This could be done under the 
 supervision of the Board of Railroad Commissioners, and, 
 inasmuch as the expenses of this board are paid from a tax 
 levied upon the railroads, it would simply require the people 
 most directly benefited to furnish the means for supporting 
 this school. 
 
 That one of our railroads appreciates the necessity for 
 technical training may be inferred from the fact that it has 
 recently expended $10,000 for a course of lectures to be 
 given without cost to their employees. 
 
 Many railroads have established facilities for the instruc- 
 tion and education of their engineers and firemen. They 
 have examining boards of experienced men. The firemen, 
 according to the arrangements formulated, have a year in 
 which to study a book of rules and instructions relating to 
 the mechanical and fuel phases of the locomotive, and must 
 then undergo an examination before the board. The penalty 
 of failure to pass with a certain percentage of merit, either 
 in the first or second year, is dismissal from the service. 
 The final percentage is an average of 80 for the three years' 
 course, and 100 to qualify for a diploma as an engineer, in 
 a subject to be specially prepared by the board.
 
 I'^S Railruads and the Public. 
 
 This looks well upon paper, and if this so-called board 
 could demonstrate that their theories are practical all would 
 be very nice; but as a matter of fact these experienced men 
 who act as instructors and examiners are like a lot 
 of the women who never had a baby, but would pose as 
 authorities to tell mothers how children should be brought 
 up. 
 
 Some time ago notices were posted ui>on the bulletin 
 boards of our several departments informing us of the fact 
 that the railroad had i)laced a special car at the disposal of 
 the agents of the Scranton Correspondence School, and 
 we were requested to attend lectures and accept the instruc- 
 tions received there as law. The railroad entered into a 
 conspiracy with the promoters of this school whereby, as a 
 special inducement to assist the agents, the railroad would 
 accept an assignment of wages from such of their employees 
 as could not pay in advance. The car was brought to Bos- 
 ton and we all attended the lectures, given by a most 
 affable corps of instructors, who, assisted by the use of a 
 chemical laboratory, informed us how locomotives should be 
 fired and run. We had learned by experience and had in- 
 structed our firemen that our engines would steam freer, 
 burn less coal and emit less smoke if a proper amount of 
 air was admitted through the fire-box door. 
 
 The chemists informed us we did not know our business, 
 and the fire-box door must be kept closed tight. Although 
 we had run engines on the mountains and in the hot lands 
 of old Mexico, and plowed snow-drifts as firemen and en- 
 gineers in New England, we didn't mind being told that, 
 but when a delegation could come from the west and tell 
 us in Boston, that the agglutinated residuum found in our 
 fire-boxes we were in the habit of calling clinkers, should 
 be more correctly defined as peroxides of iron, the effect 
 can be imagined better than described.
 
 Railroads and the Public. 109 
 
 However, we were solaced by the poetical recitations with 
 which these lectures were brought to a close, and we re- 
 ceived cordial invitations to enroll as members on the very 
 considerate conditions made possible by the railroad in the 
 form of the easy payment plan. 
 
 Had our smoke agents stuck to their "locomotive running 
 taught by mail" all might have been well, but they com- 
 mitted the error of attempting to put their theoretical ideas 
 into practice, and here was where the arrow found 
 "Achilles's heel." 
 
 The spokesman of the board of instructors was appointed 
 to assume charge of our engines, and we were informed 
 through a bullet'.n notice of that fact, and ordered to recog- 
 nize his authority. Under the new regime it soon became 
 apparent that to supplv our engines with the extra coal re- 
 quired our tenders must be built to carry more. The offi- 
 cials, not being required to buy the fuel, appeared indiffer- 
 ent to this feature of the case, but when delay reports con- 
 tinued to record low steam, the gentleman from the Scran- 
 ton Correspondence School was excused from further ser- 
 vice, and the railroad is content to have them continue their 
 practice by mail. 
 
 Now, if these railroad officials cannot operate their own 
 railroad without turning it over to this correspondence 
 school it IS about time the public, who have to pay the bills 
 and submit to this poor service, would accept the control 
 for itself. 
 
 There is no denyinp- the fact that a technical educa- 
 tion, coupled with practical experience is a combina- 
 tion that cannot be beaten. Unless one cares to trust to 
 chance, these qualifications should be considered absolutely 
 essential in everv man placed in a position of responsi- 
 bility on our railroads. It is not too high a standard, and 
 we believe it may be secured with profit to all.
 
 no Railroads and the Public. 
 
 In 1862 Congress passed an act for the purpose of aiding 
 in the maintainance of colleges, where the leading object 
 shall be to teach such branches of learning as are related 
 to agriculture and the mechanical arts. 
 
 Under the provisions of this act Purdue University of 
 Lafayette. Ind., was organized, and has established a na- 
 tional reputation. 
 
 The Purdue Locomotive testing plant provides for the re- 
 ception of a locomotive within the building in such a way as 
 to allow its action to be studied and its performance tested 
 while the engine is run at any desired speed and under any 
 load, the conditions being similar to those of the track. 
 When mounted on the testing plant, the locomotive is fired 
 and its motion is controlled precisely as if it were upon 
 the road. 
 
 With a technical training school established upon such 
 principles, examinations and tests of value could be held, 
 and here the principles of railroading could be taught, not 
 alone to men in the active service, but to men desirous of 
 entering the service. An applicant applying for a situation 
 is required at the present time to furnish certain informa- 
 tion upon a prescribed form. If the applicant is a desirable 
 person, a certain eyesight test is all that is further required. 
 
 We would establish further requirements and place the 
 tests of the same in the hands of the representatives of the 
 class most vitally interested ; viz : in the hands of the Rail- 
 road Commissioners. 
 
 If these applicants do not at first possess the necessary re- 
 quirements, the application blank approved by the railroad 
 should be considered a card of admission to the training 
 school where the necessary instruction would be furnished 
 free of charge. An endorsement of the application by the 
 commissioners should be necessary for the applicant to re- 
 ceive employment.
 
 Railroads and the Public. iir 
 
 In J 864, Massachusetts in her Railroad Commission, es- 
 tabHshed g-overnmental supervision of her railroads. 
 
 No practical railroad man can say it is possible for the 
 Board of Railroad Commissioners, with the limited force 
 employed by them, to maintain a proper supervision of a 
 single division of one of our railroads, to say nothing- of 
 all the railroads and street railway systems of the state. 
 
 The inevitable consequence of attempting such a task 
 is the loss of public confidence, and to place them eventu- 
 ally as the Springfield Union has placed them in the toils 
 of the railroads. 
 
 To extricate them from this position they should be 
 given the means to exercise their powers and obtain their 
 knowledge first hand, and not as it is prepared for them 
 by the railroad officials. 
 
 The corps of instructors employed in the training school 
 could be used as inspectors and experts to obtain this in- 
 formation. 
 
 How and where could such a school be established? 
 
 There is at the present time conveniently situated and 
 admirably adapted, a building owned by one of our rail- 
 road comjianies, which has stood idle for some years, 
 The Park Square passenger station of the Boston & Provi- 
 dence Railroad. This was recently purchased by the New 
 York, New Haven & Hartford Railroad and assessed by 
 the city of Boston for $40,000. 
 
 Move the Railroad Commissioner's office to this building, 
 paying the costs of supporting this plant as are other ex- 
 penses of the board, and with efficient officials in charge of 
 the work Massachusetts would contain the criterion rail- 
 road systems of the world. 
 
 Should our proposition be considered too broad for our 
 State Board of Railroad Commissioners, we might ask to 
 have a branch of the Interstate Commission established here 
 in Boston, taking up this plan and supenasing the railroads 
 of New England.
 
 112 Railroads and the Public. 
 
 CHAPTER X. 
 
 RAILROAD EMPLOYEES "wiTH TITE RAILROADS^' AS A COM- 
 MUNITY OF INTERESTS. 
 
 The fair wages and many advantages enjoyed by tke lo- 
 comotive engineers are the harvests reaped from the fields 
 sown by men. the majority of whom have long since gone 
 to the Beyond. Yet these men will continue to live for all 
 time in the grateful memory of all who have inherited the 
 fruits of their labors. These are found embodied in the 
 principles of the Brotherhood of Locomotive Engineers. 
 
 That the leaders of this organization have made mistakes 
 cannot be gainsaid, bitt the fact that the successful labor 
 leader of today is adopting the policies and practicing the 
 methods as followed by the leader of the engineers twenty 
 years ago, is the highest tribute that could be paid to the 
 wisdom and sagacity of that worthy leader, the late P. M. 
 Arthur. 
 
 Through the many years during which this man shaped 
 the destinies of our organization, his counsel ever had a con- 
 trolling influence upon its members. It is not enough for the 
 engineers of today to live upon the past history of this or- 
 ganization. P. M. Arthur has gone. He has laid down 
 the labors that must be carried on by other hands, and they 
 should ever remember, their vocation is largely a position 
 held in trust for their successors, and that the value of 
 this inheritance depends greatly upon the trusteeship of to- 
 day. 
 
 The relations of railroad officials and employees have 
 changed radically during the past few years, and probably 
 no more influencing factor can be found to be held responsi- 
 ble for this change than the lesson learned from the Chi-
 
 Railroads and the Public. 113 
 
 cago, Burlington & Quincy strike. Here was an issue that 
 cost millions of dollars, and even today, years after the 
 fight, the members of the Brotherhood of Locomotive En- 
 gineers pay an assessment toward a fund for the benefit 
 of members who lost situations on account of the strike. 
 Like the Battle of Bunker Hill, it is a debateable question 
 as to which side really won; but it demonstrated one fact, 
 that such methods of settling disputes, like the customs of 
 the fuedal kings, belong to other days. 
 
 A few years ago what would have been thought of a 
 labor organization that would allow itself to be recorded 
 by its representative as ''zmth the railroads? Yet this un- 
 qualified assertion, made to a committee of the Legislature 
 of Massachusetts by an authorized representative of the 
 Brotherhood of Locomotive Engineers, was approved and 
 endorsed by the members of the organization. It was with 
 some misgivings and only after due deliberation that this 
 step was taken, for no class appreciates to a higher degree 
 than the locomotive engineers the influence of public opin- 
 ion, and unless sound logical reasoning was shown in sup- 
 port of the position taken, it might mean the loss of public 
 respect. It is a patent fact that certain agitators ever de- 
 light in the use of that great slogan cry, "anything to down 
 the corporations," and the public often fails to note the fact 
 that corporations are made up of individuals. Railroads 
 in their make-up and operation embrace every trade and 
 profession; they do a business upon borrowed capital, the 
 interest upon which must be paid or eventually the road 
 will reach the hands of a receiver, to the loss of the invest- 
 or. xA.fter dividends, our wages and the cost of operation 
 and maintenance must be considered, and all of these are 
 to be paid from receipts from freight or passengers carried. 
 Is it not illogical for the public to expect better cars to 
 ride in, better stations to wait in, better road bed that 
 faster trains may be run upon it for the comfort and safety
 
 114 Railroads and the Public. 
 
 of all concerned, and at the same time expect reduced rates, 
 carrying with them reduced incomes? Is it fair to the 
 men employed, whose hours are longer, whose labors are 
 more arduous, and responsibilities greater than men em- 
 ployed in other callings, oftentimes at better wages? It is 
 in opposition to this reduction of incomes that the Brother- 
 hood of Locomotive Engineers are recorded "with the rail- 
 roads." 
 
 This action started among the engineers, not only of the 
 New York, New Haven & Hartford, but among those of the 
 Boston & ]\Iaine system on a petition to the officials of the 
 roads for an increase of pay and a reduction of hours. One 
 of the first objections that our committee always meets with 
 from the management of the road is that the revenue will 
 not warrant such a request, or words to that effect. Acting 
 upon this belief, we thought it was quite in line with our 
 interests to object to irresponsible and inexperienced legis- 
 lators making rate tariffs for our railroads. As engfineers. 
 especially, we understand that there is nothing that can be 
 done that does not interfere more with our calling than 
 with any other branch of the service. If any accident hap- 
 pens it is directly attributed to carelessness or oversight 
 on the part of the engineer. We insist that something in 
 the way of protection should be thrown around the en- 
 gineers who run trains upon these roads. We believe we 
 are justified in protesting against any action likely to defer 
 the adoption of improvements that will benefit us. 
 
 In the year 1902 there were presented to the Legislature 
 of Massachusetts a number of bills relative to the reduction 
 of fares ujjon steam railroads. It was claimed by counsel 
 for the railroads that should these measures become law 
 the revenue of the railroads would be greatly reduced. 
 These matters were brought to the attention of the several 
 divisions of the Brotherhood of Locomotive Engineers, and 
 as their representative, the Leg. Agt. was authorized to ap-
 
 Railroads and the Public. 115 
 
 pear before the Committee on Railroads in remonstrance to 
 the proposed legislation. April 15, addressing this commit- 
 tee, he stated to these gentlemen : "In the measures now un- 
 der your consideration, as well as certain other bills of a 
 nature likely to reduce the revenues of the railroads, we re- 
 spectfully ask you to consider in your deliberations the in- 
 terests of labor. It has been stated to you, gentlemen, by the 
 counsel of the Boston & Maine Railroad, that that railroad 
 has within the past three years, increased the wages of the 
 same employees $300,000. It was also stated here that 
 more than 60 per cent, of the operating expenses of rail- 
 roads is charged to labor. Even allowing for this in- 
 crease by the present liberal management of the Boston & 
 Maine, it does not yet compare favorably with the rate of 
 wages paid by the Consolidated road, and even with the 
 increase that has been of late granted by that latter road, 
 they do not equal the rate of wages (with the exception 
 of the New York Central) that is paid upon other roads 
 east of Chicago, and the lines west do and always have paid 
 higher wages than the lines east of Chicago. 
 
 Labor has been very patient upon the railroads of the 
 East, still as much of the revenues of the railroads of the 
 state have been devoted to improvements and the adoption 
 of safety appliances, the employees have been benefited in 
 other ways. The adoption of air brakes and automatic 
 couplers upon freight cars lessened the labor and removed 
 a large element of danger from the train men. The abo- 
 lition of grade crossings removed just that amount of strain 
 from the engineers, and the public by being insured by the 
 adoption of these safeguards have enjoyed the benefits with 
 the employees. 
 
 But with the adoption of these safeguards, for the com- 
 fort and convenience of the public, the railroads have been 
 able to run trains more frequently and at a higher rate of . 
 speed, which tend to bring the strain and responsibil-
 
 ii6 Railroads and the Public. 
 
 ity back upon the employees, practically to where we started 
 from. 
 
 Negotiations are now pending- between the management 
 and representatives of the engineers of the Boston & Maine 
 system toward the adoption of a permanent schedule and 
 a higher rate of wages. 
 
 It is to the interests of all engineers that an equable rate 
 of wages be paid by all roads competing. 
 
 It is also the opinion of the engineers that any laws 
 tending to reduce the revenue of the railroads will reflect 
 to the disadvantage of labor. If the revenue is reduced, 
 the means of applying new safeguards likely to come 
 in the future will be taken away. 
 
 Wh€n the roads are making money it is better for us; 
 our shops are run at full time, and our engines are kept in 
 better repair. This condition makes our labors that much 
 easier and our responsibilities much less. The road bed 
 and cars are kept in much better condition, and the public 
 shares with the employees the benefits derived. 
 
 If labor is such a large factor in operating expenses and 
 the railroads of the state have, while making the many im- 
 provements for the comfort and safety of the public been 
 able to have their labor done at prices less than those in 
 other parts of the country, it seems, if the time to make con- 
 cessions (so to speak) is favorable, it owes it to labor to 
 have the first consideration in the matter. Therefore, be- 
 fore the public is furnished the means of reducing the rev- 
 enue, would it not be well to note that labor holds the first 
 mortgage ? 
 
 Now, while on the question of wages, although as has 
 been stated, they are lower than are paid in other parts of the 
 country, still the greatest of friendliness and confidence ex- 
 ists between the engineers and management of the differ- 
 ent railroad systems of the state.
 
 Railroads and the Public. 117 
 
 There is, though, just one question of much importance 
 to yet be adjusted; a more reasonable number of hours for 
 a day's work. 
 
 The Committee of the Engineers upon the ConsoHdated 
 road have recently returned from New Haven where they 
 held a conference with the officials of their road. 
 Among other matters discussed was a clause in schedule 
 asking for a day of ten hours in twelve. Much time was 
 devoted to this matter and finally a compromise was effect- 
 ed, but not as the engineers would have desired. They were 
 informed by their President that the directors had voted 
 all the increase they felt justified in granting at the present 
 time, and the engineers accepting this situation showed a 
 disposition to be fair. 
 
 The labor bill relative to hours of railroad employees 
 now pending before the Legislature was a temptation, and 
 were it to become a law it would complete or fulfill all they 
 ask for in their schedule. If, though, the enforcement of this 
 law would require a curtailment of operating expenses, it 
 was decided to be inexpedient to force the hand of the road 
 until we felt the revenues and conditions might warrant 
 such a step. 
 
 The Brotherhood of Locomotive Engineers is on record 
 as in remonstrance against any mandatory legislation unless 
 it is shown by investigation that the railroads in complying 
 with these conditions are not justified in reducing oper- 
 ating expenses in such a manner as to add more labors or 
 responsibilities to those now carried by the engineers."
 
 ii8 Railroads and the Public. 
 
 CHAPTER XI. 
 
 THE ATTITUDE OF THE BROTHERHOOD ON REGULATING 
 HOURS OF EMPLOYMENT BY LAW. 
 
 During the past year, owing to a re-adjustment of wages 
 and hours of labor upon two of the three railroad systems 
 of the State, it is conceded by all that the operating expenses 
 have been materially increased upon these lines. 
 
 These increases, as well as many other courtesies, were 
 the results of conferences between the management and 
 representatives of the men, and it must appear as bad faith 
 upon the part of the engineers, after returning from meet- 
 ings marked by the greatest friendliness, to lend their aid 
 in forcing such a law upon the roads. 
 
 The officials at the present time at the head of the man- 
 agement of the railroad systems of the State, have proved 
 themselves to be fair and honorable in dealings with their 
 employees, and have expressed a willingness to adjust fair- 
 ly all grievances. 
 
 It is the opinion of the engineers that a more satisfactory 
 arrangement for all parties interested can be had through 
 agreements arrived at between the management and the em- 
 ployees, than through enforced legislation. 
 
 Should this pending bill become a law, it must be admit- 
 ted by all it would add materially to the operating expenses 
 of the railroads. 
 
 Having waited patiently for a long time, it seems we 
 should be sufficiently appreciative of benefits received from 
 present liberal management, not to attempt to assist in en-
 
 Railroads and the Public. 119 
 
 forcing upon them by law a condition they, at the present 
 time, do not feel justified in g^ranting. 
 
 It is the policy of the managements of the railroads of 
 the state to enhance the value of the city of Boston as a sea- 
 port of prominence. 
 
 In the following of this policy large sums have been and 
 are being spent in arranging for better terminal facilities and 
 water front. Considerable more business may be reason- 
 ably expected when these conditions are realized, and we 
 as engineers and others of our calling will, in the advantages 
 of increased business and revenues, share in the results of 
 the good management of our officials. Therefore, we feel 
 that everything possible should be done upon our part to 
 retain and strengthen the present harmonious relations, 
 and we should do everything in our power to assist the 
 management in the successful completion of their plans. 
 
 If in any department other than ours there exists a need 
 of legislation or if the conditions are such that a satisfactory- 
 adjustment cannot be arrived at between the management 
 and the employees ; if these conditions are such as to be any- 
 thing of a menace to the safety or well being of either the 
 public or the employees, an appeal to the railroad commis- 
 sioners would be justifiable and within their powers to in- 
 vestigate. Were there any question as to the power of the 
 railroad commissioners, the legislature could be petitioned 
 to order such an investio-ation and a report be made to them. 
 
 We are all prepared to admit that it is the purpose of 
 government to protect the weak, and in this case or in the 
 interest of public safety legislative enactment regulating the 
 hours of labor is justifiable. It is far from our purpose 
 to interfere in any manner, or by any influence that can be 
 used, to prevent legislative action that would tend to bring 
 relief in either of these two cases. There is in our judg- 
 ment but one class of employees that might come under this
 
 I20 Railroads and the Public. 
 
 head, and that is the men employed as crossing tenders. 
 Here are men performing practically the same duties as 
 sentinels, and serving at least several times as many hours 
 without relief. We firmly believe some action should be 
 taken in their behalf, but in the majority of cases it cannot 
 be denied that satisfactory arrangement of hours can be at- 
 tained through the labor organizations, supported by the in- 
 fluence of public opinion.
 
 Railroads and the Public. 121 
 
 CHAPTER XTI. 
 
 RATE, REGULATIONS AND GOVERNMENTAL SUPERVISION 
 
 OF R-MLROADS. 
 
 Reviewing personnel of oiir Legislature, it must be admit- 
 ted that a large body of men drawn from wide- 
 ly separated districts and placed in a position entire- 
 ly foreign to any previous experiences are, assuming they 
 desire to do right, facing a grave responsibility. We 
 should stop to consider the many different forms of peti- 
 tions, touching upon almost every conceivable condition, 
 some as has been intimated brought forward for more or 
 less honest purposes, while others are of unquestionable 
 merit, and thought out at great length by their promoters; 
 perhaps laid before the Legislature for acceptance on sight. 
 Owing to the large number of petitions annually presented 
 to that body, it is a question whether or not there is a mem- 
 ber who can say he has ever read many of the measures he 
 has voted for. It is often at the sacrifice of other duties, 
 interviews are granted to petitioners desirous of presenting 
 their views, and then many times the legislator is in doubt 
 as to what would be of greatest interest to his constituents. 
 It was in appreciation of this situation that the members 
 of the Brotherhood of Locomotive Enginers were respect- 
 fully reminded of the fact, that the work of their legislative 
 agent is entirely gratuitous, and each member was re- 
 quested to interest himself to the extent of informing the 
 Senator and Representative from his district, of our posi- 
 tion upon all matters before the Legislature in which as an 
 organization, we have an interest. In other words every 
 man his own lobbyist. 
 
 The wisdom of legislative bodies regulating fares upon 
 our railroads is certainly a question warranting careful con-
 
 122 Railroads and the Public. 
 
 sideration. The making of either passenger or freight 
 rates is a complex proposition that should only be attempt- 
 ed by men of trained minds in order to obtain satisfactory 
 results. Men who have the active management of these 
 corporations, or men who can be held responsible for dis- 
 satisfaction or failure possible to arise, are the only persons 
 capable of fairly passing upon these questions. There are 
 certain principles embodied in railroad operation, which can- 
 not be disturbed without seriously affecting the others. The 
 interests of all concerned in public service corporations are 
 mutual, and that the best possible results may be attained the 
 different interests must work in harmony, each considerate 
 of the rights of the others. 
 
 It is highly gratifying to turn back the pages of history 
 and t!iere find theories consistent with these present ideas. 
 
 At Boston, March 9, 1903, we presented to members of 
 the Committee on Railroads of the Massachusetts Legisla- 
 ture, a suggestion in reference to the reduction of rates, that, 
 at the present time appears to present the most practical 
 manner of dealing with this vexed problem. 
 
 In the statement filed with the Committee, Legislative 
 Agent Miles said, "As representative of the Brotherhood of 
 Locomotive Engineers of this State I have been instructed 
 to ask you to consider the position of our organization up- 
 on House Bills 797 and 1048. 
 
 We have no remonstrance against any legislation requir- 
 ing the expenditure of the revenues of the railroads, for 
 there are no improvements to be made upon the railroads 
 that will not reflect to our benefit by lessening our responsi- 
 bilities or lightening our labors. Granting this fact, we ask 
 vou to consider if reducing the revenues of railroads, as the 
 bills under consideration have a tendency to do, will not add 
 to our cares and our labors by delaying the work of such 
 public benefits as elimination of grade crossings, greater pro- 
 tection from passing trains, of passengers alighting from
 
 Railroads and the Public. 123 
 
 or desirous of taking trains at stations upon double tracks, 
 also, the delaying of performing the recommendation of the 
 Board of Railroad Commissioners, as cited in report of 
 1901, viz.: the advisability of installing more interlocking 
 switch and signal systems. 
 
 Therefore, before passing favorably upon this petition, we 
 ask you to investigate the physical condition of the rail- 
 roads of Massachusetts, either by a personal inspection or 
 through the medium of the Railroad Commissioners, and 
 satisfy yourselves as to whether the railroads have attained 
 that ideal perfection to warrant the reduction of the rev- 
 enues of the same. 
 
 We would have no objection to make were this matter re- 
 ferred to the Railroad Commissioners with other petitions 
 of a like nature for their decision." 
 
 Our contention was, that any compulsory legislation by 
 any legislative body might work a hardship upon our anso- 
 ciates, inasmuch as no responsibility could be attached to 
 these bodies for the greater risks assumed or less efficient 
 service furnished by the railroads, on account of being 
 obliged to carry on their business at reduced profit. Wh'^.re- 
 as, were these rate fixing privileges left in the hands of an 
 executive commission, which to a great extent may be held 
 responsible for the safety and convenience of the public, 
 greater discretion might reasonably be expected in the mak- 
 ing of recommendations affecting the revenues of the roads. 
 
 There is no disputing the fact of the existence of a state 
 of personal equation to a greater or less degree in us all. 
 Realizing this fact it remains for us to guard against 
 its consequences. This may be done by a more general 
 adoption of mechanical safeguards. 
 
 When the engineers are tried, either in public opinion or by 
 the courts, for causing some accident that might have been 
 avoided by the adoption of these mechanical safe-guards, 
 we ask that these Commissioners be required to carry their
 
 124 Railroads and the Public. 
 
 share of the responsibility for not seeing that these safe- 
 guards were provided before revenue was reduced. It 
 should always be considered, what the reduction of income 
 means in the operating of a railroad : First, improvements 
 and new work are suspended ; next, the curtailment reaches 
 our repair and construction shops, where men arc dropped, 
 or employed at reduced time. The effect of this is soon 
 noticeable in the inefficiency of our motive power, and the 
 poorer condition of our general equipment; therefore it ap- 
 pears illogical to us, to insist upon the reduction of rates, 
 if such a reduction is likely to cause unsatisfactory service, 
 or possibly endanger the safety of the public. 
 
 There are three fundamental principles involved in the 
 operation of railroads, neither of which can be disturbed 
 without affecting the others. They are, safety, conven- 
 ience and cost of operation. 
 
 No body of men should be entrusted with the power or 
 having the power, should attempt to disturb either of these 
 principles, without carefully considering the effect upon the 
 other two. The most feasible policy by which the cost of 
 transportation may be reduced, is, through the encourage- 
 ment of united interest, lower the cost of operation, and, by 
 reducing the amount of fixed indebtedness, saving the in- 
 terest upon the same. 
 
 The study of this subject is especially pertinent at the 
 present time, when our national government is contemplat- 
 ing a policy of regulating the rates upon our railroads. In 
 reference to this question it is beyond the power of any one 
 man, or any body ot men, to record the attitude of our or- 
 ganization, unless each, individually, has an opportunity to 
 vote upon the same. It is fair, though, to point to the past 
 policies, from which, an inference may be drawn as to what 
 the future course consistently should be. 
 
 Rate regulation was considered, when the Brotherhood 
 of Locomotive Engineers of Massachusetts, adopted with
 
 Railroads and the Public. 125 
 
 the report of their Legislative Board of 1902, the recom- 
 mendation; that measures be taken toward securing a bet- 
 ter representation before the Board of Railroad Commis- 
 sioners, at future hearings where the interests of the engi- 
 neers were involved. 
 
 As to governmental supervision of our railroads 
 I will say that it was the opinion of many of our most 
 conservative engineers that could a closer association 
 be had between the inspectors for the Board of 
 Railroad Commissioners and the locomotive engi- 
 neers, it would be to our mutual advantage. With the 
 approval of these men the following action was taken to 
 bring about this result. Under date of January 28 a com- 
 munication was addressed to the Board of Railroad Com- 
 missioners asking if at the present time they held authority 
 to ride upon the engine of any train for the purpose of in- 
 spection, and could authorize their agents to do the same. 
 If under the law they could guarantee protection to any 
 employee against possible discrimination by the railroads 
 on account of information furnished by said employee to 
 the Board or any member thereof. If not holding such 
 authority, whether or not they would ask for same. 
 
 Upon February 10 the following reply was received: 
 
 Commonzvealth of Massachusetts. 
 Board of Railroad Commissioners, 20 Beacon St., Boston. 
 
 Mr. J.E. Miles, Boston, Mass. 
 
 Dear Sir: 
 
 In response to your letter of January 28, to which our 
 reply has been delayed in order that we might learn by in- 
 quiry from our inspectors whether the companies had in 
 any instance declined to recognize their obligation. I would 
 say that we have authority to inspect the roadbed, signal 
 system, methods of operation, rolling stock, and other prop-
 
 126 Railroads and the Public. 
 
 erty upon all railroads within the State. In the perform- 
 ance of this work we may personally ride upon locomotives 
 or make arrangements for an inspector to ride upon them. 
 There has nev^er been to our knowledge a refusal on the 
 part of any company to recognize this right. 
 
 I would say that our statutes protect all employees who 
 have occasion to furnish to the Board any information re- 
 lating to "a defect in the ways, works, machinery and ap- 
 pliances of a railroad or street railway company." 
 
 Wo. have never known an instance where the name of 
 any person conveying such information has been disclosed, 
 or where any discrimination on account of such action has 
 been practised. You will find the law upon this last sub- 
 ject in Section i8. Chapter iii. of the Revised Laws. We 
 should not hesitate to ask for additional legislation if any 
 were necessary. 
 
 Very truly yours, 
 [Signed] James F. Jackson, Chairman. 
 
 To ivJiich was sent the following reply: 
 
 Boston, Feb. ii, 1903. 
 Hon. James F. Jackson, Boston. Mass., 
 
 Chairman, Board of Railroad Commissioners: 
 
 Yours in reply to my letter of January 28 received. I 
 thank you for the information; deeply regretting that cir- 
 cumstances required a delay. Exceptions were taken to a 
 decision as made by your Board affecting the interests of 
 one of our calling. In endorsing the position as taken by 
 Dist. Attorney Asa P. French in treating this case, fur- 
 ther mention was made of your Board. If there was any 
 assistance we could render in obtaining of further power you 
 might desire, it was our intention to volunteer our assist-
 
 Railroads and the Public. 127 
 
 ance. I would say we firmly believe there is no place your 
 inspectors can get such general knowledge of practical rail- 
 roading as upon a locomotive. If you care to go into this 
 matter, in behalf of the men I represent, it would afford 
 me great pleasure to meet you. Hoping to assist in main- 
 taining the high standard the Board of Railroad Commis- 
 sioners have attained in this State, 
 
 Very truly yours. 
 
 [Signed] J. E. Miles. 
 
 In response to which the following invitation was received: 
 Commonivealth of MassacJiusctts. 
 
 Board of Railroad Commissioners, 20 Beacon St., Boston. 
 
 February 13. 1903. 
 John E. Miles^ Esq., Plymouth, Mass. 
 Dear Sir: 
 
 In replying to your letter of February, I would say 
 that the Board would be very glad to have a talk with you, 
 and would suggest that if you are in Boston we could see 
 you at any time next Monday between 10.30 a. m. and 5 
 p. m., or that if some other day would be more convenient, 
 the afternoon of any day excepting Friday or Saturday 
 would afford a convenient time so far as we are concerned. 
 
 Very truly yours, 
 [Signed] James F. Jackson, Chairman. 
 
 The invitation was accepted, and at the conference a 
 general discussion of what was desired by us in shape of 
 "closer association with inspectors" was taken up at some 
 length. The matter was taken under consideration by the 
 Board, and I was invited to "drop in at any time." 
 
 March 24, upon receipt of request of Chairman of Legis- 
 lative Board, through the Secretary, that I prepare a re-
 
 128 Railroads and the Public. 
 
 port of matters entrusted to me and present to meeting of 
 said Board, April 12, I sent the following petition to Board 
 of Railroad Commissioners: 
 
 Boston, Mass, March 24, 1903. 
 
 Hon. James F. Jackson, Chairman, 
 Board of Railroad Commissioners, 
 Boston, Mass. 
 
 Dear Sir: 
 
 I respectfully submit to you the following petition : 
 That you instruct your inspectors to more closely asscH 
 
 ciate with locomotive engineers, ride upon our engines, 
 
 noting the manner in which we perform our duties and the 
 
 conditions surrounding the same. Amongst many reasons 
 for this request, I present the following: 
 
 First, the fact that the "machinery" directly under our 
 care is likely to be the subject of official inspection at all 
 times, would, in itself, be an incentive to any who might 
 be inclined to be lax in the performance of their duties to 
 pay closer attention to the same. 
 
 Should it be the case that proper attention was not paid 
 to keeping our engines in good repair, that they might 
 properly perform the work assigned to them, the official 
 directly responsible for this duty, as in the case of the en- 
 gineer, feeling his "works" were subject to constant in- 
 spection, to protect himself, the closest attention would 
 likely follow reports made to him b}' engineers. 
 
 There is no place that affords better opportunity to intelli- 
 gently inspect the "ways" of a railroad than the cab of a 
 locomotive. 
 
 Asking that you give this petition due consideration and 
 grant me a hearing upon the same, I remain, 
 
 Very truly yours. 
 
 [Signed] John E. Miles.
 
 Railroads and the Public. 129 
 
 The follozving reply was received to the petition: 
 Commonzvealth of Massachusetts. 
 Board of Railroad Commissioners, 20 Beacon St., Boston. 
 
 March 25, 1903. 
 Mr. T. E. Miles, 
 
 P. O. Box 253, Plymouth, Mass. 
 Dear Sir: 
 Your communcation under date of March 24, 1903, mak- 
 ing certain suggestions as to inspection of railroad and 
 equipment by the inspectors of this Board was duly re- 
 ceived. You may be sure that we deem the suggestion made 
 well worthy of consideration, and we will take the matter 
 up with you on Tuesday next at 2.30 p. m. 
 
 Very truly yours, 
 [Signed] James F. Jackson, Chairman. 
 
 Upon March 30 I met the Board ; the following statement 
 was submitted as the ground upon which the request was 
 made and reasons for the same : 
 
 Boston, Mass., March 30, 1903. 
 
 Board of Railroad Commissioners, 
 
 Boston, Mass. 
 Gentlemen : 
 
 Realizing the importance attached to the decision of the 
 Board of Railroad Commissioners, and also the influence 
 such decisions bear upon public opinion, the Legislative 
 Board of the Brotherhood of Locomotive Engineers, in 
 their last report, recommended that a better representation 
 be had on or before the Board of Railroad Commissioners 
 on matters in which our interests were involved. A copy 
 of this recommendation was furnished to each member of 
 our organization, which represents more than eighty-five
 
 130 Railroads and the Public. 
 
 (85) per cent, of the locomotive engineers of the State. 
 This recommendation was ckily considered and adopted. As 
 registered agent of the Brotherhood of Locomotive En- 
 gineers of Massachusetts, I forwarded to your Board a 
 petition for this hearing, to ask that your inspectors be 
 instructed to associate more closely with locomotive en- 
 gineers, ride upon our engines, noting the manner in which 
 we perform our duties, and the conditions surrounding the 
 same. We court the fullest investigation mto our affairs, 
 and believe there is no class of railroad employees brought 
 in such close touch with ; U departments of practical rail- 
 roading as the locomotive engineers. Our superintendents, 
 road masters and signal repair men, realizing this fact, in 
 order to obtain the best knowledge possible pertaining to their 
 duties, avail themselves of the privileges of our engines 
 The Motive Power Department in order to obtain special 
 knowledge of the working of our engines, have men par- 
 ticularly assigned to the duty of riding with the engineers. 
 If these men, so closely identified with the operative de- 
 partments of the railroads, find it to their advantage to so 
 closely associate with us in our duties, it seems fair to 
 assume that your inspectors, trained experts in practical 
 railroading, would find it equally to their advantage to fol- 
 low in the same line. Your inspectors will be in a position 
 to show you, and through you to the public, a fact that all 
 engineers already know, that the railroads have not yet 
 reached that degree of perfection to warrant you to yield 
 to the ever popular clamor relative to the reduction of fares, 
 when such reduction would have the tendency to reduce 
 the railroads' incomes. 
 
 It is hard to conceive of an accident happening on the 
 railroad that will not involve an engineer. Your Board, 
 in all cases of importance, exercises its jurisdiction and in- 
 vestigates, fixing the responsibility of the accident to the 
 best of its knowledge. With your inspectors closely trained
 
 Railroads and the Public. 131 
 
 to our duties, we will feel we "have a better representation 
 before the Board of Railroad Commissioners at future 
 hearings, in which the interest of the engineers is involved." 
 Respectfully submitted, 
 
 [Signed] John E. Miles. 
 
 Plymouth, Mass. 
 
 At close of hearing I was informed the Board would take 
 the matter under consideration and furnish me later with 
 their decision in reference to the same. 
 
 Upon April 8 the following was received: 
 
 *' C ommonwealth of Massachusetts. 
 
 Board of Railroad Commissioners, 20 Beacon St., Boston. 
 
 April 8, 1903. 
 Mr. J. E. Miles, Plymouth, Mass. 
 Dear Sir; 
 
 We shall be, as we have always been, glad to receive 
 at any time suggestions as to the condition of any iwrt of 
 a railroad property within the Commonwealth, whether 
 roadbed, station, signal system, cars, or locomotives, as well 
 as information respecting rules, 'methods, and customs in 
 operating or in using the property. Our right to inspect in 
 person or otherwise the rolling stock of railroad companies, 
 either while stationary or in use, at such times as Ihe Board 
 
 may desire, is fully recognized by the companies, and our 
 inspectors will make free use of this right under our in- 
 struction. 
 
 Very truly yours, 
 
 [Signed] James F. Jackson, Chairman." 
 
 "In writing the report I stated : "This ends the ne- 
 gotiations with the Board of Railroad Commis- 
 sioners, and I desire to here express my apprecia-
 
 132 Railroads and the Public. 
 
 tion of the courtesy and consideration ever extended by the 
 same. With no desire to criticize past methods of the 
 Board of Railroad Commissioners (a commission the de- 
 cisions of which have been many times in years past quoted 
 in all parts of this country), but in support of our conten- 
 tion that it is to our mutual benefit and the public g^ood that 
 a more intimate knowledge of our duties, and the condi- 
 tions surrounding the same, be had by the Board, I desire 
 to submit the following as part of House Number 1251, 
 which is the report of the Board of Railroad Commissioners 
 on investigation made under the order of the House, dated 
 January 22, 1903." 
 
 " C ommonzvealth of Massachusetts. 
 
 In Board of Railroad Commissioners, March 26, 1903. 
 
 The Board respectfully submits its '-cport of examina- 
 tion into the passenger service upon the Boston & Albany 
 Railroad under tJie order of the House of Representatives, 
 dated January 22, 1903. When, in July, 1900, the New 
 York Central & Hjudson River Railroad Co. assumed con- 
 trol of the Boston & Albany Railroad, it took charge of 
 a property which had been in many respects a source of 
 just pride to stockholders and to the (Commonwealth. A 
 new management with new methods will always meet in an 
 atmosphere of association with and friendship for the old 
 administration a criticism which is apt to exaggerate real 
 grievances and give to groundless complaint an appearance 
 of reality. Making due allowance for this, through letters 
 and in personal interviews, as well as from records fur- 
 nished by the 'company, that an increasing failure to make 
 schedule time, beginning soon after the term of the lease, 
 has culminated during the winter in a otate of affairs ap- 
 proaching at times complete demoralization in the passen- 
 ger service," etc., etc., etc.
 
 Railroads and the Public. n^l 
 
 Have not the Railroad Commissioners in this report 
 passed judg-ment upon themselves? Could anything more 
 self-condemnatory be written? "When, in July, 1900, the 
 New York Central & Hudson River Railroad Co. assumed 
 control of the Boston & Albany Railroad, it took charge 
 of a pioperty which had been in many respects a source of 
 just pride to the stockholders and to the Commonwealth." 
 And in less than three years the Board of Railroad Com- 
 missioners confesses the fact that this railroad, which less 
 than three years ago ''was a source of just pride," has 
 slipped away from their watchfulness, has culminated dur- 
 ing the winter in a state of affairs approaching at times 
 complete demoralization in the passenger service, and the 
 fact was only discovered by an investigation brought about 
 by an order of the House of Representatives. Inasmuch as 
 in their report no mention has been made of information 
 furnished by their inspectors, it is possible that engineers 
 have a wrong impression of what the duties of inspectors 
 are supposed to be. While in the decision given to our 
 petition for closer association between the inspectors and 
 the locomotive engineers, the Board does not specifically 
 state they will grant the same, still, as the Commissioners 
 close their report to the House of Representatives, so I 
 think I can close this; namely, that as I believe that the 
 Board appreciates this need and will comply with the recom- 
 mendation of the Brotherhood of Locomotive Engineers, 
 there would seem to be no call for further action upon 
 this recommendation by us. 
 
 In concluding this report I would respectfully submit 
 the following recommendations: 
 
 First, that we co-operate with the Railroad Commission- 
 ers and assist them in establishing for Massachusetts the 
 criterion railroads of the country and making her engineers 
 exemplary in their line.
 
 134 Railroads and the Public. 
 
 Second, that we adhere to the principles of our order, re- 
 fraining from endorsing as an organization principles not 
 directly affecting our interests; firmly believing that upon 
 genera] principles we can obtain better satisfaction through 
 agreements with our officials than could be obtained from 
 enforced legislation. 
 
 Third, that we endeavor to show the public and their 
 lawmakers that it is a questionable policy to demand cheap 
 fares upon railroads when such a policy may entail loss 
 of life or unfair treatment of railroad employees as com- 
 pared with other trades or professions. It is almost an 
 assured fact that present rates of dividends to shareholders 
 will be maintained until all other means of "trimming" 
 have failed. 
 
 Fourth, that we support a revision of the Employers Li- 
 ability Act. Not only for benefits to be derived from acci- 
 dents liable to happen, but also from the principle as cited 
 by President Roosevelt that will tend to make corporations 
 guard more closely against accidents to employees, realiz- 
 ing said corporations are to be held responsible for dam- 
 ages for the same." 
 
 With the acceptance of this report and the recommenda- 
 tion contained therein it can fairly be said the Brotherhood 
 of Locomotive Engineers of Massachusetts have unquali- 
 fiedly recorded themselves as in favor of governmental 
 supervision of our railroads in all its departments, and in 
 all things pertaining to the same. It cannot be other- 
 wise. 
 
 While loyal and faithful to the interests by which we are 
 employed we should ever keep in mind our obligations to 
 the Commonw^ealth. Exemplified in our railroad corpora- 
 tions more clearly than in any other industry that may be 
 mentioned are the principles of a commercial triune. 
 
 In the corporations, as the term is applied, is supposed to 
 be represented the great lx)dy of stockholders who may just- 
 ly claim fair returns upon the capital invested. This fact
 
 Railroads and the Public. i^'-, 
 
 is apparently ignored by many who speak of and act toward 
 our corporations as receiving revenue as flowers receive the 
 dew. This class is found amongst the ever mcreasing 
 number of men who seek employment in the railroad ser- 
 vice as a means of obtaining an easy living. They are se- 
 renely indifferent to the rights of others if their own selfish 
 ends are attained. 
 
 Upon the other side of the shield are the representatives 
 of the corporations who, to accomplish their purposes, exact 
 the "pound of flesh." unmindful of the many more deserv- 
 ing people who are made to suffer. 
 
 The railroad corporations, assisted into being by the peo- 
 ple took the form of the genius. Cephalopoda. From the 
 brain cell it sent out tentacles and by virtue of superior 
 strength, its often unw'illing victim was drawn within its 
 capacious maw. 
 
 Little by little the railroad corporations of New England 
 took from the people their highways and byways of com- 
 merce. From the fountainhead, the rich booties it receiv- 
 ed were distributed into such channels as best suited the 
 purposes. 
 
 While this change was taking place in New England sim- 
 ilar transformations were being effected in other parts of 
 the country, and gradually the arms from the seat of action 
 in New York came in conflict with branches radiating from 
 Boston. The inevitable result soon followed, and from the 
 rich plunder secured in the conflicts not so much as even 
 the name of Boston remains. Our officers whom we re- 
 spected with almost a reverence, w^ere robbed of their pow- 
 er, or one by one laid aside. Today, where once was the 
 throne, not a man can be found, that upon any matter 
 other than routine, dares to say yes or no. 
 
 Not content wnth controlling the channels of transporta- 
 tion the railroad interests branched out to acquire or govern 
 the field of production itself. The mines, the oil fields,
 
 13"^^ Railroads and the Public. 
 
 the cattle ranges and packing houses, as well as the wheat 
 fields of the West, were made dependent upon their good 
 will. 
 
 And so the railroads have increased in wealth and power 
 until as they stand today they threaten to control the gov- 
 ernment itself. By the free use of the means at hand the 
 corporations not only influence the selection of the execu- 
 tive officers of our government, hut threaten to control the 
 election of members to our legislative bodies as well. The 
 impending danger from centralization of the combined rail- 
 road interests has long since been known to students of po- 
 litical economy. It is a most serious state of affairs, but 
 at all times of threatened disaster there has ever been some 
 man arise equal to the occasion. In his annual message to 
 Congress. President Roosevelt recommended in the follow- 
 ing langugae the enactment of proper legislation to enable 
 the Interstate Commerce Commission to regulate the mo- 
 nopolies governing our transportation. 
 
 "I am well aware of the difficulties of the legislation that 
 I am suggesting, and of the need of temperate and cautious 
 action in securing it. I should emphatically protest 
 against improperly radical or hasty action. The first 
 
 thing to do is to deal with the great corporations engaged 
 in the business of interstate transporation. As I said in 
 my Message of December 6 last, the immediate and most 
 pressing need, so far as legislation is concerned, is the en- 
 actment into law of some scheme to secure to the agents of 
 the Government such supervision and regulation of the 
 rates charged by the railroads of the country engaged in in- 
 terstate traffic as shall summarily and effectively prevent 
 the imposition of unjust or unreasonable rates. It must 
 include putting a complete stop to rebates in every shape 
 and form. This power to regulate rates, like all similar 
 powers over the business world, should be exercised with 
 modification, caution and self-restraint; but it should exist,
 
 Railroads and the Public. 137 
 
 so that it can be effectively exercised when the need rises." 
 
 Emboldened by their success in the past and fortified by 
 well-nigh unlimited resources, the railroads of the country 
 combined and threw down the gauntlet, boldly asserting 
 the people have no rights the railroads are bound to respect. 
 By mispresentation these corporations seek to enlist the aid 
 of their employees to prevent the people from securing re- 
 lief from conditions which are fast becoming intolerable. 
 At such times they would have us forget what their atti- 
 tude is in all instances except wherein the people by their 
 laws have compelled them to be fair or the force and united 
 strength of our organizations have forced recognition of 
 our claims. These corporations by appealing to the sel- 
 fishness and prejudices of our human nature would divide 
 from the great body politic their employees. This is a 
 most dangerous and short-sighted policy ; for right will pre- 
 vail in the end. 
 
 These railroad managers who are crying so loudly 
 against this modest recommendation of President Roose- 
 velt which has been supported by the general public to an 
 unheard-of exent, plainly proclaim there are some things 
 below the surface. 
 
 In the action of the railroads, influencing the employees 
 to threaten members of Congress, is clearly demonstrated 
 the necessity of better education for railroad men in the 
 true principles of citizenship. This having been accom- 
 plished little difficulty would remain in reducing the pres- 
 ent cost of railroad operation to an appreciable extent ; pro- 
 vided the employees could be shown the results of the in- 
 terest taken by them would accrue to the benefit of the 
 public. 
 
 To swing railroad employees from the rut into which they 
 have fallen, can only be done by education and more effi- 
 cient governmental supervision. Much can be done by 
 moral influence and interest in the social life of all railroad
 
 138 Railroads and I he Public. 
 
 employees. The New England Civic Federation is per- 
 CLiliarly well situated to organize such a movement. 
 
 As to what the attitude of the government toward rail- 
 road employees is, at such times as the railroads are oper- 
 ated by the government, it might be well to reflect upon 
 United States Public Laws 1898, Chapter 370. 
 
 Section 9. "Whenever receivers appointed by Federal 
 courts are in the possession and control of railroads, the 
 employees upon such railroads shall have the right to be 
 heard in such courts upon all questions affecting the terms 
 and conditions of their employment, through the officers 
 and representatives of their associations, whether incorp- 
 orated or unincorporated, and no reduction of wages shall 
 be made by such receivers without the authority of the 
 court therefor upon notice to such employees, said notice 
 to be not less than twenty days before the hearing upon 
 the receivers' petition or application, and to be posted upon 
 all customary bulletin boards along or upon the railway 
 operated by such receiver or receivers. 
 
 Section 10. Any employer subject to the provisions of 
 this Act, and any officer, agent, or receiver of such em- 
 ployer who shall require any employee, or any person seek- 
 ing employment, as a condition of such employment, to 
 enter into an agreement, either written or verbal, not to 
 become or remain a member of any labor corporation, asso- 
 ciation, or organization; or shall threaten any employee 
 with loss of employment, or shall unjustly discriminate 
 against any employee because of his membership in such 
 a labor corporation, association, or organization; or who 
 shall require any employee or any person seeking employ- 
 ment, as a condition of such employment, to enter into a 
 contract whereby such employee or applicant for employ- 
 ment shall agree to contribute to any fund for charitable, 
 social, or beneficial purposes; to release such employer from 
 legal liability for any personal injury by reason of any
 
 Railroads and the Public. 139 
 
 benefit received from such fund beyond the proportion of 
 the benefit arising from the employer's contribution to such 
 fund; or who shall, after having discharged an employee, 
 attempt or conspire to prevent such employee from obtain- 
 ing employment, or who shall, after the quitting of an 
 employee, attempt or conspire to prevent such employee 
 from obtaining employment, is hereby declared to be guilty 
 of a misdemeanor, and, upon conviction thereof in any 
 court of the United States of competent jurisdiction in the 
 district in which such offense was committed, shall be 
 punished for each offense by a fine of not less than one 
 hundred dollars and not more than one thousand dollars."
 
 I40 Railroads and the Public. 
 
 CI-] AFTER XIII. 
 
 ARBITRATION. 
 
 In the summer of 1903 the engineers of one of our rail- 
 road systems presented a new schedule to their officials, 
 calling for a readjustment of wages and the changing of 
 certain conditions in connection with their work. The pe- 
 tition of the engineers was met by a counter proposition 
 from the officials,, and the usual debates, adjournments and 
 interviews took place. The strike of the miners has for all 
 time demonstrated the fact that when the welfare of the 
 public is jeopardized by disputes affecting the distribution 
 of public utilities the rights and interests of the third in- 
 terested party are not to be ignored. 
 
 The anthracite strike proved the futility of either party 
 to a dispute affecting the public, refusing any fair offer of 
 adjustment. Generally speaking, the difficulty lies in the 
 selection of a tribunal satisfactory to all parties before 
 whom labor disputes may be tried. 
 
 While at times many heated controversies took place 
 between the officials and the engineers seeking a new 
 schedule, through it all reason and good judgment pre- 
 vailed. Failing to agree, offer was made by the officials to 
 submit the matter to the Railroad Commissioners for their 
 decision. Such a proposition would not be entertained by 
 the engineers. Later a satisfactory agreement was arrived 
 at by the officials and the engineers without assistance from 
 others. 
 
 Assuming that this settlement had failed and a strike 
 was threatened. The most essential factor necessary for 
 success in case of an issue, would be favorable public 
 opinion; and with this offer upon the part of the officials
 
 Railroads and the Public. 141 
 
 to be taken into consideration, with the best kind of a case, 
 the support of the pubhc, to say the least, would be doubt- 
 ful. This action upon the part of the railroad officials 
 put a few railroad employees, that look a little into the 
 future, thinking what might be done to checkmate a play 
 of that kind, or bring about a condition of affairs that such 
 an offer could, in justice to ourselves, be accepted by us. 
 This could never be until it was felt that the influences 
 of the corporations were eliminated from the Board of 
 Railroad Commissioners. We conceived a policy, that was 
 strengthened by consultation with many of the best rail- 
 road men in the state, and two days before the 5th of Oc- 
 tober, 1903, I received a request to appear, as the repre- 
 sentative of the Brotherhood of Locomotive Engineers, be- 
 fore the Commission on Relations Between Employer and 
 Employee, in reference to matters affecting the interests of 
 the Brotherhood of Locomotive Engineers. No decisive 
 action had been taken by this organization in reference to 
 the questions under consideration of the Commission, there- 
 fore conclusions had to be drawn from personal interviews 
 with the individual members of the order, and to avoid any 
 possibility of misrepresenting the ideas of my associates, 
 later I again went before the Commissioners and stated : 
 "We have amongst our membership men whose 
 homes are 120 miles from the meeting place of 
 their order, there are other men that, owing to circum- 
 stances, have no opportunity of hearing the report of their 
 representative at the State House. It is the custom to have 
 this report printed and presented to these men. Owing 
 to the fact that the stenographer was unable to furnish this 
 report at an earlier date, I could not attend to this, but will 
 be able to do so in three or four days, and, if any excep- 
 tion is taken to the same, I desire the privilege of present- 
 ing this exception to your Commission."
 
 142 Railroads and the Public. 
 
 "The Chairman. — A quorum of the Committee being 
 present, we will go on with the hearing. Our subject to- 
 day is: Injunctions, Conduct of Strikes, and this subject 
 includes Picketing, Boycotting, Balcklisting, Violence and 
 Intimidation, and the Committee has before it quite a num- 
 ber of bills. 
 
 (Chairman reads list of bills referred to the Committee.) 
 
 Mr. Miles has a request to be heard this morning, and 
 we will hear him now. 
 
 Mr. Miles. — The purpose sought by the Locomotive En- 
 gineers, more than directly bearing upon the conduct of 
 strikes, is possibly to avoid and do away with strikes. We 
 fear strikes. At the present time, established by the law 
 of this state, is the Board of Railroad Commissioners, ap- 
 pointed by the Governor, the term of office three years 
 apiece. You all know this board comprises a lawyer, a 
 business man and a practical railroad man. We would de- 
 sire that the term of office of this Board should be as for 
 every other railroad employment — they should hold office 
 only removable for cause. The Board has a right to ap- 
 point an inspector for each one thousand miles of railroad. 
 We would desire to have that law changed and place the ap- 
 pointment of the railroad inspectors of the Board of Rail- 
 road Commissioners under the Civil Service Commission; 
 to be recommended by it, eligible men that could be selected 
 for this office. The salary at the present time is such as 
 would warrant almost any railroad employee in practical 
 railroad service to have an ambition to hold that office. It 
 would remove all political, all personal preference or influ- 
 ence being brought to bear as to why one man should be 
 selected above another, that might have greater abilities to 
 fill this office. As to the appointment of the practical rail- 
 road man on the Board of Railroad Commissioners: having 
 already secured the best material for our inspectors of the 
 Board of Railroad Commissiners, and the length of service
 
 Railroads and the Public. 143 
 
 and practical experience while on that Board acting as in- 
 spectors, we believe that an inspector would be a most fitting 
 member to represent the practical man on the Board of Rail- 
 road Commissioners, and that the Governor should select 
 from the railroad inspectors his future railroad member of 
 the Railroad Commission. 
 
 I believe that injunctions and strikes, matters that 
 could not be friendly and peaceably settled between em- 
 ployer and employee, between the railroad manage- 
 ment and the employee of the railroad, could be and 
 should be, and certainly fairly might be, referred to the 
 Board of Railroad Commissioners, as representing the pub- 
 lic, as representing the railroad, the interest of them, and 
 representing the employees. 
 
 * * '^' * * There is a fair tribunal that should pass honestly 
 and fairly with the means at hand. Inasmuch as they could 
 only be removed for cause, they would be independent of 
 any outside influence. It appears to us that that is a tri- 
 bunal which we are perfectly willing to leave our case in the 
 hands of. 
 
 ***** I would say that we desire this Commission to 
 make some such recommendation that would compel the 
 Board of Railroad Commissioners to act as a Court of Arbi- 
 tration, if requested to do so. What I mean is this : that 
 you recommend that the powers of the Board of Railroad 
 Commissioners be extended to this scope, and public senti- 
 ment will make arbitration compulsory with such a tribunal 
 to pass upon the merits of differences arising between the 
 railroads and their employees." 
 
 In writing upon this subject the Labor Commission said: 
 "We believe that such an agreement might be of great ben- 
 efit; but as the willingness for general arbitration upon the 
 part of the employees is coupled with certain conditions as 
 to the appointment of the Board of Railroad Commissioners, 
 upon which we do not feel that it is within our province to
 
 144 Railroads and the Public. 
 
 express an opinion, we cannot do more than call the atten- 
 tion of the Legislature to the proposal that we have men- 
 tioned." 
 
 In appendix No. 5 of the report of the Commission is 
 written: "On Jan. 11, 1904, this committee received offi- 
 cial notice that the legislative board of the Brotherhood of 
 Locomotive Engineers had voted not to endorse the proposi- 
 tion of Mr. Miles." 
 
 That the Commission thought the proposal worthy of 
 consideration, however slight, would in itself have been en- 
 couraging: but that it was considered of sufficient merit to 
 call the attention of the Legislature to it, was highly grati- 
 fying, and the fact that this action upon the part of the 
 Commission was taken in the face of the expressed refusal 
 of my associates to endorse my proposition, indicates to me 
 after considering the personnel of this Commission, that the 
 proposition was not understood by the engineers. 
 
 After this bald assertion upon my part, it may be appro- 
 priate for me to state who composed this committee, and 
 the purpose of the appointment of such a committee. 
 
 yVnnually, practically the same petitions, bills, and re- 
 solves bearing upon the relations between employer and em- 
 ployee have been presented to the Legislature, to be given 
 "leave to withdraw." 
 
 To thresh out these matters and save the time of legisla- 
 lative committees as well as in the hopes, recommendations 
 of benefit to all persons concerned might be prepared, a 
 resolve was passed June 5, 1903, authorizing the appoint- 
 ment of a special commission to consider matters contained 
 in all petitions, bills, and resolves pending before the Gen- 
 eral Court concerning the relations between employer and 
 ejnployee. 
 
 The simple mention of the name of Carroll D. Wright 
 as chairman should guarantee the work for which this com- 
 mission was appointed.
 
 Railroads and tJie Public. 145 
 
 Col. Wright Had as associates: Henry Sterling-, for years 
 an earnest worker in the interests of organized labor and 
 from his opportunities as a legislative agent of the Central 
 Labor Union was peculiarly well fitted to act as the represen- 
 tati^'e of employees upon this committee. 
 
 None the less satisfactory to all parties interested was the 
 appointment of Royal Robbins, as the representative of em- 
 ployers of labor. Mr. Robbins. as the treasurer of the 
 American Watch Co., unquestionably is well qualified from 
 practical experience to form just opinions as to laws that 
 will bring good results to both employer and employee. 
 
 Davis R. Dewey, Ph. D., who, as Professor of Economics 
 and Statistics at the Massachusetts Institute of Technology 
 presents the highest of credentials. 
 
 William N. Osgood, a lawyer, and a writer upon the sub- 
 ject of relations between employer and employee, who is 
 deeply interested in the science of political economy. 
 
 These men entered upon their duties with trained minds, 
 and from public hearings and other sources collected data 
 and obtained opinions that assisted them in forming con 
 elusions worthy of such authors. 
 
 The recommendations of this committee as embodied in 
 their report are entitled to careful stud}^ and from them 
 much useful information may be obtained of benefit to all 
 persons interested in these social questions. 
 
 Singularh' enough, while this report appears to have been 
 unanimously accepted by the employees as fair, at the hear- 
 ings held by the legislative committee of the last two legis- 
 latures, many of the most prominent corporation counsel of 
 the state were retained in opposition to the recommendations 
 contained in the report and most particularly to that part in 
 reference to employers' liability for personal injuries sus- 
 tained by employees in the course of their employment. 
 
 Relative to arbitration the committee said in part :
 
 146 Railroads and the Public. 
 
 "It is obvious that controversies do from time to lime 
 arise whose effect upon the public interest is so momentous 
 as to make the pubHc to all intents and purposes a third 
 party to the controversy. This is especially true where the 
 difficulties in question involve the production or distribution 
 of the necessaries of life or the transportation of the people. 
 In such instances we are far from beheving that the state 
 should be precluded from some form of intervention by 2, 
 reluctance, however justifiable in principle, to interfere in 
 private disputes. We are of the opinion, however, that 
 compulsory investigation on the part of the State, supple- 
 mented by a public finding- as to the merits of the case, will 
 accomplish the object, through its appeal to the public, fully 
 as effectively, and without the objectionable interference 
 with private rights and the often futile attempt at judicial 
 enforcement which must characterize the attempt at arbi- 
 tration, under compulsion." 
 
 They further said: "And finally in accordance with the 
 views already expressed in this report, we urge that the 
 proper authorities should have the fullest right of investiga- 
 tion and publicity as to the merits of any controversy which 
 vitally affects the public interest, regardless of the possible 
 wishes of either or both of the immediate parties to the diffi- 
 culty, — especially where such controversy involves c|uasi- 
 public corporations. We therefore recommend the enact- 
 ment of legislation which shall give the Governor power to 
 direct the State Board of Conciliation and Arbitration to 
 investigaie ana report upon any controversy ' which in his 
 opinion seriously affects, or threatens seriously to affect, 
 the general welfare (R. L., c. 106, sec. 2)." 
 
 This recommendation might well be embodied in an 
 amendment to Chap. 370 of the Federal laws, by striking 
 out in the 6th and 7th lines of Sec. 2 the words "upon re- 
 quest of either party to the controversy," and inserting in 
 place thereof the words "upon the request of the President;"
 
 Railroads and the Public. 147 
 
 and after the word "act" in the last line of the same section 
 add the words : "Said Commissioners, after investigation as 
 to the cause of such controversy, and having ascertained 
 which party thereto is mainly responsible or blameworthy 
 for the existence or continuance of the same, may make and 
 publish a report finding such cause and assigning such res- 
 ponsibility or blame." So as to read: 
 
 UNITED STATES. 
 (Public Laws, 1898.) 
 Chap. 370. — An Act Concerning carriers engaged in inter- 
 state commerce and their employees. 
 
 Be it enacted by tJie Senate and House of Representatives 
 of the United States of America in Congress assembled. 
 That the provisions of this act shall apply to any common 
 carrier or carriers and their officers, agents, and employees, 
 except masters of vessels and seamen as defined in section 
 forty-six hundred and twelve, Revised Statutes of the 
 United States, engaged in the transportation of passengers 
 or property wholly by railroad, or partly by railroad and 
 partly by water, for a continuous carriage or shipment, from 
 one State or Territory of the United States, or the District 
 of Columbia to any other State or Territory of the United 
 States, or the District of Columbia, or from any place in 
 the United States to an adjacent foreign country, or from 
 any place in the United States through a foreign country 
 to any other place in the United States. 
 
 The term "railroad" as used in this act shall include all 
 bridges and ferries used or operated in connection with any 
 railroad, and also all the road in use by any corporation 
 operating a railroad, whether owned or operated under a 
 contract, agreement, or lease; and the term "transportation" 
 shall include all instrumentalities of shipment or carriage. 
 
 The term "employees" as used in this act shall include 
 all persons actually engaged in any capacity in train opera-
 
 148 Railroads and the Public. 
 
 tion or train service of any description, and notwithstanding 
 that the cars upon or in which they are employed may be 
 held and operated by the carrier under lease or other con- 
 tract : Provided, hozuezer. That this Act shall not be held 
 to apply to employees of street railroads and shall apply only 
 to employees engaged in railroad train service. In every 
 such case the carrier shall be responsible for the acts and 
 defaults of such employees in the same manner and to the 
 same extent as if said cars were owned by it and said em- 
 ployees directly employed by it, and any provisions to the 
 contrary of any such lease or other contract shall be binding 
 only as between the parties thereto and shall not affect the 
 obligations of said carrier either to the oublic or to the pri- 
 vate parties concerned. 
 
 Sec. 2. Whenever a controversy concerning w^iges, 
 hours of labor, or conditions of employment shall arise be- 
 tween a carrier subject to this Act and the employees of 
 such carrier, seriously interrupting or threatening to inter- 
 rupt the business of said carrier, the chairman of the Inter- 
 state Commerce Commission and the Commissioner of 
 Labor shall, upon the request of the President, with all 
 practicable expedition, put themselves in communication 
 with the parties to such controversy, and shall use their best 
 efforts by mediation and conciliation, to amicably settle the 
 same; and if such efforts shall be unsuccessful, shall at once 
 endeavor to bring about an arbitration of said controversy 
 in accordance with the provisions of this act. 
 
 Said Commissioners having ascertained the cause of such 
 controversy, and having ascertained which party thereto is 
 mainly responsible or blameworthy for the existence or con- 
 tinuance of the same, may make and publish a report finding 
 such cause and assigning such responsibility or blame. 
 
 Accepting the opinion of "Carroll D. Wright's Commis- 
 sion" such an amendment would accomplish the object of 
 settling disputes by arbitration fully as effectively as the 
 attempt at arbitration under compulsion.
 
 Railroads and the Public. 149 
 
 Unless among some of the newer labor organizations or 
 among some of the newer members of the older organiza- 
 tions, there is not a trade unionist but will support a move- 
 ment to enact such an amendment. 
 
 The purpose sought by the engineers was not the conduct 
 of strikes, not a means of settling strikes, but the building 
 up of some system which would absolutely preclude the 
 possibility of strikes. Sufficient confidence may be put in 
 the proposition offered for the purpose of obtaining this end 
 to still support it, and to ask to be allowed to further elu- 
 cidate it.
 
 150 Railroads and the Public. 
 
 CHAPTER XIII. 
 
 THE PUBLIC REPRESENTED BY RAILROAD COMMISSIONERS, A 
 PARTY TO ALL TRADE AGREEMENTS OF RAILROAD EM- 
 PLOYEES. 
 
 It has been demonstrated that to no agency so much as 
 to the railroads do we as a nation owe our success. Rail- 
 road commissions, state and interstate, have been appointed 
 by the government to protect its interests, and the fact that 
 these bodies are expected to keep in close touch with all 
 matters pertaining to railroad business, little if any legisla- 
 tion affecting railroads is considered by our legislative bodies 
 that is not submitted to the railroad commission for its 
 opinion. 
 
 A stock argument of the counsel for the railroads is that 
 no recommendations ever come from the railroad commis- 
 sioners that are not adopted by the railroads. Therefore, 
 taking these two facts into consideration, why is it ever 
 necessary for railroad employees, unless as individual citi- 
 zens, or upon legislation pertaining to recompense for per- 
 sonal injuries, to go to legislative halls? 
 
 See that efficient men are appointed as railroad commis- 
 sioners and hold them responsible for the performance of 
 the duties required of their office. That our commissioners 
 do not feel that they are handicapped by want of sufficient 
 power, we have this their avowal : 
 
 "We should not hesitate to ask for additional legislation 
 if any were necessary." 
 
 It was this fact, as well as a knowledge of the ways of 
 the legislators, that prompted me to recommend to my as- 
 sociates, while acting as their legislative agent, "that we re-
 
 Railroads and the Public. 151 
 
 frain from endorsing' as an organization principles not 
 directly affecting- our interests, firmly believing that upon 
 general principles we can obtain better satisfaction through 
 agreements with our officials than could be obtained from 
 enforced legislation." 
 
 Due weight was given to the fact that this policy is prac- 
 tical only in case of having a higher tribunal to which an 
 appeal may be made. 
 
 In tlie railroad commission Ave have such a tribunal, 
 could the machinery be set in motion. It should be made 
 a part of the work of this machinery to see that both parties 
 to all signed agreements live up to its provisions. 
 
 It is common knowledge that there is not a railroad man- 
 ager today in New England who can say he runs his own 
 railroad, and further there is not a representative body of 
 the employees that can control their own men. 
 
 This may be considered as a damaging admission inas- 
 much as it is the foundation upon which labor unions stand. 
 Destroy the confidence of the railroad officials in the abil- 
 ity of our representatives to control the members of our 
 order, and all further attempts at negotiations will be at an 
 end. "The subway strike" in New York has shown us the 
 necessity for some action to strengthen our position and pro- 
 tect us from the unscrupulous practices of some men. In 
 reference to the "subway strike" we may excuse ourselves to 
 some extent by showing that the conditions surrounding 
 this affair were most unusual. The changing of motive 
 power from, steam to electricity brought a serious problem 
 to the Brotherhood of Locomotive Engineers, and upon the 
 opening of the subway the conditions became still more 
 complex. When the New York subway was about to be 
 opened an excellent schedule covering hours of labor and 
 wages was arranged, and signed by the Grand Chief of the 
 Brotherhood of Locomotive Engineers in behalf of such men 
 as might be employed who held membership in our order.
 
 152 Railroads and the Public. 
 
 This schedule was conceded to be an exceptionally good 
 agreement and satisfactory to all concerned. By the terms 
 of the contract the schedule was to hold in effect for three 
 years. After a time a spirit of discontent began to manifest 
 itself. Up and down the line of the Interborough system 
 men employed as motormen were being taken into the 
 Brotherhood of Locomotive Engineers, this was a decidedly 
 new departure and contrary to the laws of our organiza- 
 tion. Agitation grew hot for a new schedule, and notwith- 
 standing the fact the existing agreement was accqjted for 
 three years, a strike was threatened if demands were not 
 granted. 
 
 Our Grand Officers denounced such actions, and sent rep- 
 resentatives to the scene to prevail upon the men to live 
 up to their agreement. These officers conferred with the 
 leaders of the men in New York, but soon found they had 
 lost control of their men. At the place of the meeting the 
 doors were locked against them, and the worst element pos- 
 sible was in control. 
 
 The men struck and we all know the answer. Of course 
 we can say ihey were expelled from our order, but this whole 
 affair merits the most serious consideration inasmuch as a 
 repetition of such a breach of contract might be a serious 
 blow to our organization. Men can be found to do any- 
 thing for money, and a time may come when a railroad cor- 
 poration to suit purposes of their own might employ such 
 men to incite their fellows to act unjustly that the railroad 
 officials might profit in the end. We do not say this 
 course was taken in the subway strike, but it has been done 
 in other places, and if once why not again? 
 
 We would allow the utmost freedom of contract between 
 railroad employees and their officials, but we would advise, 
 in fact require, that all trade agreements be approved by 
 some commission, and be binding upon both contracting 
 parties and subject to change only upon the consent of this
 
 Rill' I roads and the Public. 153 
 
 commission. Should it be deemed in the interests of the 
 public at any time to amend this agreement, the commission 
 after due notice to interested parties should have the power 
 to make such changes as would afford better service to the 
 public. 
 
 In selecting this commission, with all due respect to the 
 Board of Conciliation and Arbitration, we still believe the 
 public tribunal best qualified to determine what is reasonable 
 and just in disputes liable to arise between railroad officials 
 and employees is the one making a business of studying 
 railroad matters and originally investigating questions per- 
 taining to the good of the service. This commission we re- 
 fer to is the Inter-State Commerce Commission, and if ever 
 such a policy as this should be adopted, it is doubtful if a 
 more competent or as fair a commission could be appointed 
 to inaugurate this policy as the present commission in- 
 fluenced to a greater or less degree by Commissioner 
 Prouty of Vermont, whose friendliness toward railroad em- 
 ployees has been demonstated in his every walk of life. 
 
 As trade agreements are made through representatives, 
 frequent disputes arise as to the true interpretation of these 
 contracts, and as a result, in many cases a "walking dele- 
 gate," "business agent" or a "salaried chairman" is employ- 
 ed, with more or less satisfactory results to all parties con- 
 cerned. 
 
 Our purpose is to have the "walking delegate," or 
 "salaried chairman," the inspectors of the railroad commis- 
 sions, and make the commissioners a party to the contract, 
 in which case, care should be taken in their appointment.
 
 154 Railroads and the Public. 
 
 CHAPTER XIV. 
 
 RAILROAD COMMISSION AND THE CIVIL SERVICE. 
 
 The Massachusetts law relative to the appointment of 
 railroad commissioners states there shall be a board of rail- 
 road commissioners, consisting of three competent persons. 
 A rule has been established appointing to this board a 
 lawyer, a business man, and a railroad man. No logical 
 reason can be given for such a rule or for its continuance. 
 
 It is difficult to conceive of a question coming before the 
 railroad commission involving other than railroading or 
 law. Therefore it seems fair to ask that the selection of 
 members for this commission be made from these two occu- 
 pations — two lawyers and one railroad man, or two railroad 
 men and one lawyer. 
 
 The lawyer should possess the qualifications necessary 
 for a judge of the Supreme Court. 
 
 The term railroad man is generally held to include all 
 persons actually engaged in any capacity in train operation 
 or train service of any description; yet we all know from 
 personal knowledge that every man who sits upon the piazza 
 of a boat club cannot sail a yacht. 
 
 Upon thlN account we drafted and presented to the legis- 
 lature a petition embodied in House Bill 569 : 
 
 Commonwealth of Massachusetts. 
 In the year One Thousand Nine Hundred and Four. 
 
 An Act 
 Relative to the Membership of Board of Railroad Commis- 
 sioners and to the Appointment of Railroad and Railway 
 Inspectors. 
 
 Be it enacted by the Senate and House of Representatives 
 in General Court assembled, and by the authority of the 
 same, as follows:
 
 Railroads and the Public. 155 
 
 Section i. One member of the Board of Railroad Com- 
 missioners shall always be a person who has had practical 
 experience in railroad business; and after the first day of 
 January in the year nineteen hundred and seven any va- 
 cancy occurring- in the board by the death, resignation or 
 removal or expiration of the term of the member thus qual- 
 ified, shall be filled, if he is not reappointed, by the appoint- 
 ment of one of the railroad and railway inspectors then in 
 office under the provisions of Section 8 of Chapter III, of 
 the Revised Laws. 
 
 Section 2. Railroad and railway inspectors whose ap- 
 pointment is provided for by Section 8 of Chapter III of 
 the Revised Laws shall hereafter be appointed through the 
 civil service commission, subject to the civil service regula- 
 tions and examinations. 
 
 Section 3. This act shall take eflfect upon its passage. 
 
 As a precedent for asking for such legislation we find 
 that Section i of Chapter 67 of the Revised Laws provides 
 for the appointment by the Governor of a Board of Harbor 
 Commissioners. These commissioners have the appoint- 
 ment of pilots for waters within their jurisdiction. All per- 
 sons to be eligible for appointment as either commissioner 
 or pilot, must first receive the recommendation of the Bos- 
 ton Marine Society. 
 
 The purposes of this provision are clearly obvious, and if 
 worthy for marine transportation, is it unfair to ask that 
 the same precaution be taken in making appointments for 
 similar positions in connection with railroad transportation? 
 House Bill 569 is drafted upon the principle embodied in 
 Chapter 67, substituting for any railroad society that might 
 be mentioned the Civil Service Commission. 
 
 Copies of House Bill 569 were circulated amongst the 
 railroad men in general, and at the meetings of the engineers 
 the purposes and provisions of the bill were fully discussed.
 
 156 Railroads and the Public. 
 
 Later, at a meeting held in Boston, at which were present 
 representatives of the Brotherhood of Locomctive Engineers 
 from all parts of the state, and organized as the legislative 
 board, this bill (569) was unanimously endorsed, and it 
 was "voted that the Brotherhood of Locomotive Engineers 
 of Massachusetts be recorded at the state house as in its 
 favor." 
 
 The Civil Service Commission was selected for the reason 
 that it was considered to be the purpose for which the board 
 was organized, and paid. It passes upon the qualifications of 
 every other appointee of the Railroad Commissioners, ex- 
 cept the inspectors. Should any man question the ability 
 of the Civil Service Commission to prepare an examination 
 from which they could select practical men., qualified to act 
 as railroad inspectors, one simple suggestion would be to 
 offer the annual reports of the Railroad Coramissioners with 
 their very nicely compiled statistics of the fatal accidents 
 occurring year after year in the same old way, and ask these 
 aspirants to make recommendations tending to avoid them. 
 
 Any reasons advanced as to why the inspectors of the 
 Railroad Commission should be exempted from being class- 
 ified in the Civil Service would apply equally well to every 
 other situation at present classified by that commission. If 
 the Civil Service is a failure, why maintain it? 
 
 We will agree, to avoid argument, that the Civil Service 
 does not in all cases insure the selection of the most com- 
 petent men for office, but we have reason 1:o believe that this 
 is one of the least causes for the failure of the passage of 
 this bill, and that quite the opposite is more likely to be true. 
 Unquestionably the prestige of many a jyolitician is owing 
 to his ability to place constituents in luciative positions re- 
 gardless of their qualifications, and naturally they look with 
 disfavor upon any reform that may tend to curtail their op- 
 portunities to curry favor by such practices. It is not to 
 be taken for granted that politicians are the only persons
 
 Railroads and the Public. i57 
 
 who l)ar the advancement of the most worthy. Often- 
 times the fact of a membership in fratarnal orders is used 
 to obtain an advanta.^e at the expense, in many cases, of 
 more worthy though less fortunate persons, and as a conse- 
 quence many are forced to associate themselves with these 
 orders as a matter of self protection. 
 
 Such a condition of affairs is to be deplored, and is in 
 direct opposition to our form of popular g-overnment. 
 
 The result of a continuation of such a policy may be seen 
 todav in the domestic disinteg-ration of the Chinese Empire. 
 Should we be obliged to admit that no better men would be 
 selected for inspectors provided the office was classified upon 
 the Civil Service list we should by nc< means lose the only 
 reason for asking for this legislation. According to law 
 and by the rules of the Commission c.ll persons in office at 
 the time the office is classified go upon the list as com- 
 petent employees, and cannot be remc>ved from office with- 
 out a trial. This in itself is a great boon, for indeed he is 
 unsophisticated who does not believe that, with the influence 
 of the corporations upon "the powers that be," an inspector, 
 diligent in the performance of his duties, would soon prove 
 himself a "persona non grata," and coming up again for re- 
 appointment, he would be likely to fall by the wayside 
 should he persist in such a course, but fortified by the fact 
 that he has demonstrated his abilit}' for the position, and 
 appreciating still further the fact that he is to hold the office 
 for an indefinite period if faithful to his trust, we reasonably 
 might expect the best results. 
 
 Moreover, inspectors receiving their appointment upon 
 merit, demonstrated in a competiti^^e trial open to all as- 
 pirants, qualified by practical expeiience in the active ser- 
 vice of railroading, would certainl} hold a moral influence 
 over all railroad men with whom they would come in con- 
 tact. These inspectors should be made defendants in all 
 accident cases, and be given to understand that the public
 
 I5<S Railroads and the Public. 
 
 expects of them a service hig^her than writing accounts of 
 coroners' inquests attended. 
 
 The causes of accidents are many times miles away from 
 the scene of the same. Engineers are frequently obliged 
 to g"o out on their trains with engines unfit for service, and 
 attentions that should be devoted wholly to the signals 
 along the route, and to matters pertaining to the safety of 
 the train, are diverted bv defective machinery. Suspension 
 has been made for a refusal upon the part of the engineer 
 to start with an engine, in his opinion unfit for service. 
 There should not be a man upon the inspector's staff of the 
 railroad commission that is not qualified to act as an expert 
 in such cases. Many such engines are in the service, and 
 it wris the hope that through the influence of the railroad 
 commission the evil could be remedied, that we petitioned 
 this board for closer relations between the inspectors and 
 the engineers. Explain to these inspectors that recurrences 
 of accidents and unsatisfactory service upon the railroads, 
 without recommendations that will correct the same, will 
 in the future be taken as prima facia evidence of incom- 
 petency upon their part to properly perform the duties of 
 their office, and we believe it would have a most salutary 
 effect upon the railroad service. The railroad employees 
 could be gi\'en to understand that they are working for the 
 public, and that these inspectors are paid to see that the 
 rights of the public are protected. This is the only argu- 
 ment in the least effective that could be used. 
 
 It is quite impossible without patronage or mone}^ for the 
 representative of an organization of mechanics to influence 
 legislation against such conditions as exist and instead of 
 attempting to do so we request each engineer to make a 
 friendly call upon his respective Representative or Senator, 
 and hold a heart to heart talk with him. Each member 
 of the Brotherhood through the medium of circular or per- 
 sonal letters, receives information relative to all matters
 
 Railroads and the Public. 159 
 
 pending before the Legislature affecting our interests as 
 railroad men. 
 
 Should it be deemed expedient to present our opinions 
 to a legislative committee a stenographic report is taken of 
 whatever is said, and at the end of each Legislative session 
 a general report is printed for each member of the Brother- 
 hood showing the work of the legislative board for the year. 
 This affords each man an opportunity to discuss with his 
 neighbors, who should be interested in all matters affecting 
 public service corporations, any measure that may be bene- 
 ficial or injurious to these corporations or their employees. 
 
 By the adoption of this policy the engineers are 
 not required to make sacrifice of either time or 
 comfort, and a mere bagatelle pays all the ex- 
 penses of the legislative board. This practice of pub- 
 licity adopted by the legislative board is most effectual and 
 brings the best of results; practically the same conditions 
 apply to all other committees of the Brotherhood of Loco- 
 motive Engineers in their dealings with the officials of the 
 railroads, and we believe the policy of the legislative board 
 might well be applied by them. The practice has a ten- 
 dencv to create amongst the men a livelier interest than 
 otherwise might be had. It removes from the representa- 
 tives all temptations to be a "good fellow" for a grafter or 
 a stool pigeon for a lobbyist of the corporation. 
 
 Engineers when not obliged to work dislike to give up 
 their Sundays, the only day they may have with 
 their family, and the result is that like the services in many 
 of our churches our meetings are but thinly attended. An 
 engineer should be permitted to spend such of his time 
 as is not required of him in the service of the railroad to 
 the enjoyment of his home or the quiet of the fields, for 
 the recuperation of his nen^es in the relaxation from all 
 care. The time spent at the meetings could be devoted to
 
 i6o Railroads and the Public. 
 
 matters pertaining to the good of the order and encourage- 
 ment of a more fraternal spirit amongst the members. 
 
 Railroading and politics go hand in hand. Men 
 are elected to Congress or the Senate through the influence 
 of certain interests they are expected to serve. The ques- 
 tion of their ability as statesmen is of minor importance. 
 
 One of the least essentials of a successful railroad presi- 
 dent is his knowledge of practical railroading. He is ex- 
 pected to shape public opinion and legislation, and work 
 for the interests of that particular clique of stockholders 
 whose agent he is. 
 
 We Ijelieve the man from the trench that has the facts, 
 although he may not have as polished a delivery as the 
 more highly paid representative of the corporation, from 
 the fact he knows by actual experience what he is talking 
 about he carries more influence with the general public and 
 the average legislator than the professional lobbyist can 
 carry. To support this opinion will say. 
 
 A bill was introduced into the Dominion Parliament re- 
 lative to an eyesight test for locomotive engineers. It 
 was an unjust piece of legislation, and if enacted would 
 work hardship upon the engineers. It was in keeping with 
 that wave of reform that passed over the country, that 
 placed a man of over 45 years of age as pa^se. 
 
 The railroads were reported as backing the measure and 
 political influence was brought into play. 
 
 The lobbyist. at Ottawa vv^ho is employed to protect the 
 interests of the engineers as well as those of the other rail- 
 road employees, reported there was no hope of preventing 
 thi? bill from becoming a law. 
 
 About this time Sir Wilifred Laurier came to ]\Iontreal. 
 
 One of our engineers conceived the idea of presenting to 
 him (inr opinion of the injustice of this proposed legisla- 
 tion and its injurious effect should it become law.
 
 Railroads and the Public . i6i 
 
 Calling at the Winsor Hotel, Mark Cunningham, loco- 
 motive engineer, Canadian Pacific Railway, sent his card 
 to Sir Wilifred Laurier, Premier of Canada. Word was 
 received that the Premier of Canada would see the loco- 
 motive engineer. 
 
 Mr. Cunningham was in a position to explain that in the 
 past young men were induced to enter the motive power 
 department of our railroads by the prospect of oppor- 
 tunities it afforded them for advancement. While climbing 
 this ladder of promotion, these men are subjected to the 
 greatest of strain upon their eyes. For years while serving 
 their apprenticeship as firemen they at one moment are 
 obliged to face the bright glare of the firebox, with its in- 
 tense heat, while the next they are facing the cold wind 
 of a winter's night, striving to accustom their eyes to the 
 changed conditions that they may discern the light upon 
 a signal they are approaching. Long hours of constant 
 employment naturally bring great strain to these organs 
 of vision. After from five to eight years of this kind of 
 employment promotion may come to assume the duties of 
 an engineer. But the new position with its 
 added responsibilities, brings greater strain upon his eyes. 
 If he would keep his place in the world the engineer must 
 read books and papers, and as a consequence his sight begins 
 to fail. His eyes are still sound and practically perfect, 
 and were he permitted to wear glasses his eyesight could 
 be preserved for years. Where are you going to find the 
 right kind of men to fill these positions if they can expect 
 to hold them but a few of the best years of their lives, and 
 then be thrown out with nothing but an experience that 
 is of no earthly value to them in any other walk of life? 
 These same men who are pushing this fad to discharge 50 
 per cent of perhaps the best men in the service, will rush 
 their automobiles through crowded thoroughfares, wear- 
 ing goggles and glasses galore. No engineer asks that
 
 1 62 Railroads and the Public. 
 
 men with poor eyesight be retained in the service, but when 
 you test these men give them a fair chance. In examining 
 engineers, all examinations for detecting color perception 
 and ascertaining the visual power should be conducted with 
 such flags, lights and semaphore signals only as are in use 
 on the system, and all examinations should be made under 
 the same circumstances as required in the actual operation 
 of the road. 
 
 Furnished with such reasoning as this, the Premier stated 
 he would consult with his cabinet. 
 
 The eyesight test was not enacted as law. 
 
 What is the answer? When our legislators are honor- 
 able miCn, it is the man who knows by actual exj>erience 
 what he talks about, that they desire to see, and not the pro- 
 fessional lobbyist 
 
 It must not be taken for granted all legislators are taken 
 from this class of men. 
 
 The same legislature that refused to pass H. bill 569, 
 likely to raise the efficiency of the Railroad Commission, lat- 
 er by their action upon another petition, practically passed 
 what could only be accepted as a vote of want of confidence 
 in this same Commission.. The "brakeman's bill" was 
 amended in the .Senate to authorize the Railroad Commission 
 to assign additional brakemen to freight trains, at the dis- 
 cretion of the Board. The House of Representatives in turn 
 refused to concur with the Senate and substituted the ori- 
 ginal bill, regulating by law the number of men to be em- 
 ployed. Surely a commission for the support of which the 
 public pay through the railroads more than $50,000 a year 
 should be qualified to decide how many men should be em- 
 ployed ui>on a freight train. If they are not so qualified, 
 men should be appointed to the office who are. However, 
 in justice to all parties concerned, it must be said it is only 
 the unsophisticated that take the Massachusetts Legislature 
 seriously. Probably as useful a session as any is the one,
 
 Railroads and the Public. 163 
 
 with a band of street musicians playing- popular airs for the 
 amusement of the members, the gavel in the hands of the 
 leading comedian of the House, while another Representa- 
 tive performing slightly exaggerated duties of the Sergeant 
 of Arms, shows the distinguishing features between the 
 ordinary sessions and this, the mock session of the Massa- 
 chusetts Legislature — while for a fact it might well be writ- 
 ten, the Legislature as it is. This is the closing act in the 
 drama, '"The Leg Pullers," written by one who has been 
 there. 
 
 To more clearly establish the identity of this author, it can 
 be said without fear of contradiction, that, as a lawyer, a 
 scholar, and an orator he is easily the peer of any member 
 of the Legislature, in the Senate branch of which he holds 
 a seat (1905). To all persons interested in politics as it 
 is applied, we earnestly commend this work. While the 
 original actors have been replaced by others to all intents 
 and purposes the same characters are found in the cast to- 
 day. The fearlessness of the writer may be judged from 
 the beginning of the first chapter which he begins by say- 
 ing in introducing a type of character styled "a business leg- 
 islator" such a person as is familiarly spoken of today by the 
 more comprehensive name of the grafter. 
 
 "Everywhere is bustle and excitement; yet order and red 
 tape prevail. Men are elbowing their way through the 
 crowded corridors, and up the narrow stairways. Blue- 
 coated brass buttoned messengers are hurrying hither and 
 thither, their arms filled with documents and manuals, 
 answering inquiries, giving directons. Officers brandish 
 their long wands and usher committees to their duties. In 
 the galleries is the rustle of ladies' dresses; the conversation 
 of spectators is in the hallways. Committees are announc- 
 ing that they have attended to their duties, and that His 
 Excellency was pleased to learn this, and congratulated the 
 bodies on having done that, etc., etc. The impress of some 
 great undertaking is stamped on all things.
 
 164 Railroads and the Public. 
 
 It is the annual Puritanical farce, the assembling- of the 
 General Court of the ancient Commonwealth of Massa- 
 chusetts — the hodge-podge of legalized blackmail which mas- 
 querades under the cloak of representative popular govern- 
 ment. Here for six months will those two hundred and 
 eighty chosen men sit, explaining to each other what is ap- 
 parent and concealing what is obscure, and so compile a 
 thousand paged volume of formal verbiage that shall saddle 
 every occupation, trade and employment with destructive 
 conditions and restrictions unless, forsooth, smart money be 
 paid not to do so. The Arab sheik exacting from the trav- 
 eller in his dominion a fee for protection from his own rob- 
 bers, stands in no lower grade. If it is true what Napoleon 
 said of the church, that it was an institution designed to 
 prevent the poor from robbing the rich, we shall see it is 
 equally true that popular government is a cunningly devised 
 scheme whereby with impunity the shiftless may successful- 
 ly blackmail the thrifty."
 
 Railroads and the Public. 165 
 
 CHAPTER XV. 
 
 FRICTION AND ITS CAUSE. , 
 
 Faith in railroad officials is a thing of the past, and if 
 there is a railroad employee in the state of Massachusetts 
 who believes that the officials appreciate or care for the 
 interest taken by him in the business, we believe that fact 
 in itself would qualify that employee, in the opinion of his 
 associates, as a fit subject for a home for the feeble-minded. 
 
 This is an unfortunate state of affairs, and hardly war- 
 ranted by facts. 
 
 What the railroad official is willing to do to fulfill an 
 agreement was recently exemplified by Chas. S. Mellen, 
 President of the New York, New Haven and Hartford 
 Railroad. 
 
 Some years ago the engineers of this railroad in making 
 a trade agreement with a former president, secured the in- 
 sertion in this agreement of an article specifying that in all 
 instances wherein the ruling of any official should jeopardize 
 the interests of an engineer this engineer should have the 
 right of appeal, and upon this appeal he could be represented 
 by other engineers to advocate his cause. We contended, 
 rightly we believe, that all decisions made by railroad offi- 
 cials act as precedents upon which, in most cases, future de- 
 cisions will be based, and it is therefore to our interests, and 
 we believe within our right to say that the representatives 
 of these men should be selected from among their associates 
 who from actual experience might reasonably be expected to 
 act more intelligently in protecting not only the rights of the 
 individual directly affected, but of such others as at some 
 future time might be similarly involved. This clause of 
 the agreement was perfectly satisfactory to all parties con-
 
 1 66 Railroads and the Public. 
 
 cerned, and the rule adhered to in all instances until a sub- 
 ordinate official consented to meet a committee of firemen 
 acting as counsel for an engineer. This violation of the 
 agreement was protested by the engineers, and the action of 
 the minor official was discountenanced by the higher author- 
 ities. 
 
 For some time friction betw'een the representatives of the 
 engineers and of the firemen had been brewing, and now took 
 on definite shape. 
 
 A demand was made upon the officials of the railroad to 
 receive representatives of the firemen as counsel for such 
 engineers as retained their membership in the firmen's or- 
 ganization. 
 
 President Mellen sent for the engineers and asked them 
 to fix it up, rightly contending it was unfair to the inter- 
 ests he represented to involve them in this dispute. 
 
 The engineers wired a statement of affairs to the Grand 
 Office of the Brotherhood and asked for advice on the case. 
 Immediately the reply came back by wire — offer arbitration. 
 The offer of arbitration was made to the firemen and refus- 
 ed. The engineers thereupon withdrew from further ne- 
 gotiations. 
 
 In the meantime the representative of the firemen claim- 
 ed to have in his possession a letter from the President's 
 predecessor, the late Judge Hall, wherein Judge Hall had 
 agreed to concede to the firemen this privilege they desired 
 to obtain. 
 
 The engineers doubted the existence of any such a letter, 
 and believed that this claim was made to give President 
 Mellen something to hang his hat on should he agree to 
 their terms. 
 
 Secretaries and stenographers were put to work upon 
 notes and letter files to find a record of this letter said to have
 
 Railroads and the Public. 167 
 
 been received, but no record could be found. Then the 
 origfinal claim was qualified to the extent that it was a ver- 
 bal, not a written promise that Judge Hall made. President 
 Mellen refused to break the agreement with the engineers as 
 he understood this agreement to be. 
 
 A strike was threatened by the firemen, and the New Hav- 
 en Railroad spent thousands of dollars preparing for an is- 
 sue should one come, demonstrating that an agreement 
 made between the President of the railroad and the employ- 
 ees is a contract not to be ignored. 
 
 The engineers were perfectly well aware that there was a 
 nigger in the firemen's wood pile, the real purpose was to 
 use President Mellen and the New Haven Railroad as a 
 wedge that later might be driven upon other railroads to 
 split the Brotherhood of Locomotive Engineers. 
 
 The primal cause of discontent is owing to the fact that 
 the supreme court or the throne is too far removed from the 
 actual scene of operation. The result is the ordinary work- 
 er, the small fraction, feels his efforts are not appreciated, 
 and he generally has good ground for his opinions. 
 
 The cause of this feeling is easily to be accounted for 
 and may be instanced by such as the following case. 
 
 The destination of a certain train was changed and the 
 engineer, acting within his rights of seniority, moved to the 
 train of a younger man. Were he capable of filling the po- 
 sition all would have been well, but owing to delays caused 
 by his inefficiency to perform the work upon this train in 
 the manner of his predecessor, he was enabled to charge 
 and received an hour's extra pay for himself and fireman, 
 which was paid for some time. Finally to avoid this extra 
 expense the officials required another engineer to perform 
 a part of the work of the incompetent, permitting him to
 
 1 68 Ruilrodds and the Public. 
 
 go home earlier upon an easier train, thereby placing a pre- 
 mium ujion inferior work. 
 
 It is such work as this upon the part of the railroad offi- 
 cials that lead men who have performed faithful service to 
 believe the officials don't care whether they take an interest 
 or not.
 
 Railroads and the Public. 169 
 
 CHAPTER XVI. 
 employers' liability relative to injuries upon 
 
 railroads. 
 
 Eminent sociologists claim that an agreement settling the 
 question of wages and number of hours of employment 
 should remove all possible cause of contention between em- 
 ployer and employee. 
 
 Generally speaking it does, but of recent years another 
 point of variance has been established upon the railroad sys- 
 tems of Massachusetts ; viz : recompense for personal in- 
 juries received by railroad employees in the course of their 
 employment. 
 
 This bone of contention came with the absorption of our 
 local Massachusetts railroad companies by foreign corpora- 
 tions. That this change is not accepted as an exemplary 
 business policy, is shown by the fact that one remaining 
 Massachusetts company still continues what was the former 
 policy of all of our railroads and treats with their employees 
 in a manner eminently fair. 
 
 With the coming of the foreign corporations the policy 
 was established, of taking to the courts all cases in which the 
 liability is not fully established to the entire satisfaction of 
 the legal department of the railroad. This policy must en- 
 tail a great expense, and more or less unsatisfactory results; 
 although they have in many ways, a great advantage in the 
 law suits. Many times they lose even though they win. 
 
 Among these advantages, is the opportunity of the rail- 
 road to collect all possible information, and prepare expert 
 testimony in rebuttal of evidence submitted by the plaintiff. 
 To counteract this influence an act was introduced in the 
 Legislature of Massachusetts.
 
 I/O Railroads and the Public. 
 
 Relative to Injuries upon or about Railroads or Railways. 
 Be it enaited by the Senate and House of Representor 
 tires in General Court assembled, and by the authority of 
 the same, as folloivs: 
 
 "Whenever upon any railroad or railway any part of any 
 car or locomotive, or of any propelling or drawing engine, 
 machine or appliance, used on or in connection with such 
 railroad or railway, or any pin, link, coupler or attachment 
 used on, about or in connection with any car, engine or ma- 
 chine on such railroad or railway, breaks, gives way, comes 
 off or fails to operate properly, such fact shall, in any action 
 to recover for an injury or death, or both, caused thereby, be 
 deemed prima facie evidence of the negligence of the per- 
 son, persons or corporation owning, managing, controlling 
 or operating said railroad or railway." 
 
 This bill was favored by the engineers in the hopes of 
 framing into a law what is at the present time the practice, 
 as a rule, of one of the railroad systems, and could prove no 
 trouble to this corporation. 
 
 We would like to have such a law as this enacted, to pro- 
 vide a fairer chance in the courts when forced to look there 
 for justice and also from the principle as espoused by Presi- 
 dent Roosevelt that it will tend to make corporations guard 
 more closely against accidents to employees, realizing that 
 said corporations are to be held responsible for damages for 
 the injuries received by these employees. 
 
 Probably the strongest suit these railroad companies play 
 in cases of injuries to employees is the suit of intimidation. 
 It is an indisputable fact that an employee bringing action 
 in the Courts to recover for personal injuries is considered 
 by the railroad company as desiring to sever his connection 
 with that corporation. In case his injuries do not prevent 
 him from seeking employment upon some other railroad, and 
 he makes an application for employment, he must face the
 
 Railroads and the Public. 171 
 
 sig-nificant fact of being obliged to answer whether or not 
 he ever appeared in a law suit against a railroad company. 
 
 All this, notwithstanding the fact; Chap. 106, Sec. 11, 
 
 Revised Laws, states : *''No person shall by intimida- 
 tion or force prevent or seek to prevent a person from en- 
 tering into or continuing in the employment of any person 
 or corporation." 
 
 We met with very little success, very little assistance in 
 our effort to enact the law in reference to injuries, and we 
 offered to compromise with the representatives of the rail- 
 roads and recommended to our associates, that the question 
 of settlement of damages for personal injuries, if a satis- 
 factory agreement for such a course be arrived at with the 
 railroads that these matters be settled as are other differ- 
 ences, viz : referred to committee for adjustment. 
 
 This policy is quite in line with the custom in vogue up- 
 on the Boston and Alaine, and is generally satisfactory to all, 
 but it works only one way with our other railroads. En- 
 gineers incapacitated for service from effects of injuries re- 
 ceived in the course of their employment, through no fault 
 of theirs, attempting to settle with officials in accordance 
 with our recommendation have received the information that 
 the railroad pays their engineers sufficient wages for these 
 employees to insure themselves against the risks of their em- 
 ployment. 
 
 The locomotive engineer as a mechanic is a 
 specialist, and the knowledge which he possesses, 
 qualifying him to be classed as a skilled tradesman, 
 is of little, if any, practical value to him in any other occu- 
 pation. Facing the fact, if obliged to bring action against 
 the railroad under the provisions of the Employers' Liability 
 Act, where the maximum amount possible to recover for 
 personal injuries shall not exceed four thousand dollars, af- 
 ter deducting the expenses of trial and adding the loss of 
 situation worth $1,000 a year, remembering there is no pos-
 
 17- Railroads and the Public. 
 
 sibility of being- able to enter into like employment else- 
 where, in the majority of cases it must be admitted he takes 
 the wisest course when he submits to the injustice. There 
 are instances wherein owin^ to the seriousness of the in- 
 juries, employees are left with no alternative other than re- 
 course to the court. To cite an exemplary case — a fatal 
 accident happened at South Braintree, September 29, 1904, 
 and the Braintree Observer in reporting this accident said : 
 "At last reports Engineer Will Adams was living, and his 
 fireman, Edward Cook, was the only fatality in the disaster 
 to the Plymouth express, Boston bound, at South Braintree 
 on Thursday shortly before i p. m. 
 
 It was miraculous that all the 100 passengers and trainmen 
 should have escaped injury when the extent of the disaster 
 became known, and there is mystery as to the cause. 
 
 Probably something broke for the engine was switched 
 violently to the left, as if whirled on a pivot, and was pro- 
 jected in a direction directly opposite from that in which it 
 had been running. Clean over a stone wall it flew and 
 landed on its back in a tangle of underbrush. Ninety feet 
 nearer South Weymouth than the engine its forward trucks 
 finally brought up. l^vo hundred feet back of the engine, 
 and laying by the side of the track, was the tender. 
 
 Meanwhile, the three cars that comprised the train pro- 
 ceeded on toward Boston for a distance of nearly 100 yards 
 from the point at which detrailment occurred, and bumped 
 along, right side up, until the air brakes brought them to a 
 standstill with a jerk. The trucks of one car were wrenched 
 askew, but otherwise the physical damage to the cars was 
 confined to two broken windows. 
 
 Both of the engineer's legs were broken, and he was other- 
 wise badly injured during the meteoric flight of his beloved 
 machine, and the fireman's right leg was severed below the 
 knee.
 
 Railroads and the Public. 173 
 
 One of the best known railroad men on the Ne\Y York, 
 New Haven & Hartford railroad, says the Herald, was Wil- 
 liam H. Adams, sometimes known as "Wild Bill." This 
 sobriquet was not the result of any dare-deviltry on his part, 
 but because in his younger days he had been intrusted with 
 the running of some of the fastest trains on the road, and 
 because of his aureola of long, curly hair. 
 
 He was one of the old Old Colony men. For 34 years 
 he had been connected with the system, the greater part of 
 that period as engineer. For years he and Asa Porter ran 
 the ''boat train." He had also had fast runs to Newport 
 and to ^Voods Hole, and was regarded as one of the road's 
 best pilots. He was a native of Quincy, but of late years 
 made his home in Mattapan. 
 
 Edward Cook, his fireman, was a young man. and the 
 news of his death at the Massachusetts Hospital last night 
 was received with especial regret by his railroad associates 
 because of the fortitude he displayed while awaiting surgical 
 assistance. 
 
 Railroad men wall write down William H. Adams and 
 Edward Cook as gritty members of a gritty craft. Al- 
 though conscious the greater part of the time while they lay 
 in the field and in the baggage car that transported them to 
 Boston, they uttered no complaint. Indeed, as they writh- 
 ed on the grass the one attempted to console and inspire the 
 other." 
 
 The cause of this accident, as recorded in the office of the 
 Board of Railroad Commissioners, was that the engine left 
 the track while running at an estimated speed of thirty miles 
 an hour upon a three degree curve. 
 
 Following the same line of reasoning it is possible to be- 
 lieve the death certificate of the fireman reads that the de- 
 mise was owing to the fact his heart stopped beating. 
 
 The sequel to the accident as regards Mr. Adams, is that 
 after repeated futile efforts upon his part to secure what we
 
 174 Railroads and the Public. 
 
 believe to be his just due. the influence of the eng-ineers 
 was rerjuested. After some days Mr. Adams received a 
 kindly letter of sympathy from the officials of the railroad 
 he had served the best years of his life, offering- him as a 
 gratuity, upon condition the railroad be released from all 
 further liability, a sum of money insufficient to pay the ex- 
 penses incurred for medical attendance. 
 
 Mr. Adams all these months confident the railroad would 
 treat fairly with him made no attempt to protect his rights, 
 and as a consequence of this misplaced confidence upon his 
 part lost his right to recover in the Courts under the pro- 
 visions of the Employers' Liability Act. The remain- 
 ing rights in this case upon advice of the engineers have 
 been placed in the hands of a prominent law firm. The 
 former associates of Mr. Adams, acting upon the theory 
 "you cannot indict a whole people," will render all possible 
 assistance in the prosecution of this suit, each appreciating 
 the fact it may be his misfortune to meet with a similar ac- 
 cident. If it is held as a matter of law we have no redress in 
 such cases, why are we not justified in urging upon our 
 representatives the enactment of the following amendment 
 of the law relative to the liability of employers to employees. 
 
 "Be it enacted by the Senate and House of Representa- 
 tives in General Court assembled, and by the authority of 
 the same, as follows: 
 
 Section i. Section seventy-one of chapter one hundred 
 and six of the Revised T.aws is amended so as to read as 
 follows ; 
 
 Section 71. If a i)ersonal injury is caused to an em- 
 ployee, such employee or his legal representative shall, sub- 
 ject to the provisions of the eight following sections, have 
 the same rights to compensation and of action against the 
 employer as if he had not been an employee, nor in the ser- 
 vice, nor engaged in the work of the employer. A car im- 
 plement, machine or other thing which is on the property of
 
 Railroads and the Public. 175 
 
 any person or corporation shall be considered as the pro])erty 
 of the person or corporation in any case arising- under this 
 act." 
 
 The argument advanced by the counsel fof the railroads 
 was that the original act. unsatisfactory in itself in the first 
 place, has been amended to such a degree, its true meaning 
 is difficult of interpretation.
 
 176 Railroads and the Public. 
 
 CHAPTER XVII. 
 
 REVISING employers' LIABILITY ACT. ENGINEERS COM- 
 
 PENSATION PROPOSAL. 
 
 These lawyers advised a g-eneral revision of the Employ- 
 ers' Liability Act. This proposition was satisfactory to us, 
 and we advocated the appointment of a commission for this 
 purpose, who in their reix)rt state: 
 
 "The resolve creating this committee especially directs it 
 to consider the liability of the employer for injuries received 
 by the employee in the course of his employment, and the 
 creation of a disability or pension fund by the joint contri- 
 butions of employers and employees. The intimate connec- 
 tion of these two subjects is such that a comprehensive act 
 pertaining to the whole relation of employers and employees 
 when accidents or personal injuries occur must be taken into 
 consideration." 
 
 Bearing these facts in mind we presented the following 
 proposition to the committee as the fundamental principle 
 upon which a law should be established. 
 
 This proposition was presented to the engineers, and the 
 principle contained therein was endorsed as being acceptable 
 to them. 
 
 ENGINEERS' COMPENSATION PROPOSAL. 
 
 "A man entering the employ of a railroad should under- 
 stand that he is enlisting in the service of the public, under 
 strict discipline to his immediate superior, and subject to 
 call at all tmes to perform the duties of the public. Accept- 
 ing these conditions, all must agree that the railroad em- 
 ployee is called upon to assume at times great risks, and, if 
 occasion requires it, sacrifice his life itself for the lives and 
 property entrusted to his care. There are many laws de-
 
 Railroads and the Public. 177 
 
 fining the responsibility of the railroads and the amounts 
 possible to recover in the case of injury. Owing to the 
 complex nature of these laws, the results are in many cases 
 most unsatisfactory for both parties. Facing these condi- 
 tions the Brotherhood of Locomotive Engineers presents 
 for consideration, to be mutually agreed upon by the railroad 
 and the employee, this contract. A man entering the ser- 
 vice of the railroad should be in possession of a sound body 
 and mind; if required to do so, he should present a doctor's 
 certificate guaranteeing that fact. It should devolve upon 
 the railroads to ensure a continuance of these conditions by 
 affording a reasonable number of hours for rest for the body 
 and improvement of the mind. 
 
 In case of sickness, the railroad donates weekly a sum 
 equal to one-third of the average weekly wage of said em- 
 ployee for the previous fifty-six weeks, or fraction thereof 
 he may have been in the employ of the company. Such 
 compensation shall not commence until the second week of 
 illness, nor shall it exceed twenty-six weeks in any one year. 
 In case of injury from any cause other than wilful intent, 
 the sum equal to one-third the average wage shall be allow- 
 ed until such time as injured person shall be able to perform 
 his regular duties, or the total equal the aggregate of what 
 the injured employee would have been able to receive had he 
 not been injured, but had continued in employment for en- 
 suing three years at said average wage. 
 
 Should the railroad find employment for said employee,, 
 allowance shall be made for same, and no deductions from 
 former allowance until the sum of both equals former wage 
 earned by employee. 
 
 In case of accidental death from any cause other than wil- 
 ful intent, the weekly wages of deceased shall be paid to 
 such persons as have been dependent upon said employee,, 
 and received in whole or in part weekly support; above al- 
 lowance shall be paid for a period of three years. In cases
 
 178 Railroads and the Public. 
 
 where persons have received no weekly allowance, such per- 
 sons shall not be elij:];-ible to collect from tlie company on ac- 
 count of death of employee, but the company shall be liable 
 for medical attendance and funeral expenses of said em- 
 ployee. 
 
 If after a term of 30 years' service upon one railroad or 
 system of railroad, an employee is incapable of further ser- 
 vice, he shall receive weekly from the railroad employing 
 him one-third of the average weekly wage of the preceding 
 52 weeks. 
 
 The above contract shall be recorded with the Commis- 
 sioner of Insurance, and in case of failure to agree upon 
 terms of same, the contracting parties or their representa- 
 tives shall submit the same to the decision of the Board of 
 Railroad Commissioners, provided said Board shall be es- 
 tablished upon a plan that shall command the respect of the 
 public, the railroads, and their employees, and the decision 
 of the Board shall be final and binding upon both parties. 
 
 The acceptance of this agreement shall have no weight as 
 a condition of receiving or remaining in the employment of 
 the company." 
 
 After careful consideration of a large number of specific 
 bills relative to Employers' Liability, bills that offer "a. basis 
 for the fullest consideration of a subject which means much 
 to the economic and vital interests of the people at large," 
 the committee recommended as a benefit a bill which though 
 it differs in some degree is based upon the principle of the 
 British Workman's Compensation Act — the law by which 
 our proposal was based. 
 
 It is doubtful if any man could elucidate in as clear or 
 concise a manner the subject relative to the liability of em- 
 ployers to make compensation for personal injuries suffered 
 by employees in their service, as has this committee, who 
 state in their report.
 
 Railroads and the Public. 179 
 
 CHAPTER XVIII. 
 
 REPORT OF SPECIAL COMMITTEE UPON EM- 
 PLOYERS' LIABILITY. 
 
 "The number of personal injury cases of all kinds in the 
 community is very large, and is constantly increasing with 
 the growth of population, the extension of industry and the 
 development of means of transportation. The volume of 
 litigation in this class of cases, not to mention those which 
 are compromised before suits are instituted, is sufficiently 
 large to engage almost the entire time of many sessions of 
 courts and to demand from to time the appointment of new 
 judges, with accompanying increase in court expenses. 
 
 A much greater proportion of personal injury cases than 
 ever before, in comparison with other cases, occupies the at- 
 tention of trial courts. These cases, good and bad, encum- 
 ber the court dockets and in various ways delay the pro- 
 gress of justice. It has been estimated that, of this large 
 volume of personal injury cases, those particularly relating 
 to employees constitute from one-eighth to one-seventh. 
 The aim of the committee has been to deal exclusively with 
 the subject of personal injuries to employees received in the 
 course of their employment, and not with personal injuries 
 suffered by citizens independently of their employment. 
 
 It is asserted by employers and those representing them 
 that employees are often induced by unscrupulous persons to 
 bring groundless actions against their employers, to rely up- 
 on manufactured evidence, and that the sympathies and 
 prejudices of juries frequently favor the employees. It is 
 further claimed that the injured employee, if after a long 
 time he is successful in recovering damages, receives in the 
 end but a small part of the amount so recovered, owing to
 
 I So Railroads and the Public. 
 
 the expenses of litio-ation and the exorhitant and unreason- 
 able charges of his lawyer and medical adviser. 
 
 On the other hand, it is urg-ed in behalf of the injured em- 
 ployee that the employer, either himself or, if insured, 
 through his representative, upon the happening of an acci- 
 dent at once sends agents to the place of accident, for the 
 purpose of investigation and to secure evidence. The 
 names of witnesses, together with their statements, are care- 
 fully preserved. The employee has no access to this evi- 
 dence or the names of witnesses, and must prepare his case 
 in the best way he can. It is also asserted that, as soon as 
 the employee can be reached, he is approached by the claim 
 agent of his employer, or by the claim agent of an employ- 
 ers' liability insurance company if his employer is insured, 
 and urged to settle his claim for damages for a trifling 
 amount. The employee is told that if he goes to law it 
 will be a long time before he gets anything, and that the 
 lawyers will get the larger share. 
 
 If a settlement is not made and a suit follows, a great 
 waste of time and money results to both parties. The 
 plaintiff may be compelled to pay his lawyer liberally, if he 
 is successful; and the defendant may incur the expenses of 
 claim agents, expert witnesses and lawyers, and also assume 
 other expenses incidental to litigation, in addition to the 
 verdict, if one should be rendered against him. It is true, 
 indeed, that these expenses of the defendant are gener- 
 ally furnished by employers' liability insurance com- 
 panies, when emi)lovers are insured by such companies 
 against injuries to employees; but the loss is of course paid 
 by the insured employers as a class, in the premimums re- 
 ceived by the insurance companies. At all events, there 
 is a great waste of money, so far as justice, and 
 the rights of both em])loyers and employees are con- 
 cerned. Tlic real beneficiaries frequently are not parties 
 to the litigation, and oftentimes their selfish interests
 
 Railroads and the Public. i8i 
 
 are served by defeating justice or by the promotion of in- 
 justice. It is no part of the duty of this committee, nor is 
 it our intention, to censure the conduct of any persons for 
 this condition of things, which indeed may be the result of 
 forces and influences beyond the control of individuals. It 
 would seem, however, to be for the true interest of the com- 
 munity, as well as for the interest of the employer and the 
 injured employee, that some adequate remedy or remedies 
 should be devised to correct these evils. 
 
 Before suggesting remedies for the evils above referred 
 to, it may be well briefly to review the law relating to per- 
 sonal injuries to employees as such. In doing so, it is con- 
 venient to refer to rights of employers and to rights of 
 employees. 
 
 These rights may be described as common law rights and 
 statutory rights. The common law rights are those which 
 exist independently of any action of the legislature, and are, 
 generally speaking, embodied in the decisions of judges 
 rendered during a long period of time. The statutory 
 rights are those contained in acts of the legislature. 
 
 Common Law Rights. — i. The employee upon entering 
 the employ of another is supposed to understand and assume 
 the danger and risk of the work he is expected to perform, 
 provided he is of ordinary capacity and intelligence. This 
 means, however, the ordinary dangers and risks of the em- 
 ployment, and does not mean unusual and extraordinary 
 dangers, known, or which ought to have been known, by 
 the employer and not known by the employee. If such 
 unusual dangers exist, it is the duty of the employer to 
 appraise the employee of their existence. 
 
 2. An employee has no remedy against his employer for 
 personal injuries caused by the carelessness of a competent 
 fellow workman. In other words, this is also a risk of em- 
 ployment assumed by the employee. (The Employers*
 
 1 82 Railroads and the Public. 
 
 Liability Act. which will be referred to, modifies this rule 
 in certain respects.) 
 
 3. An employer is bound to provide machinery, build- 
 ings, elevators, etc., ways and approaches that are reason- 
 ably safe. He is not bound to furnish machinery, etc., 
 that are perfectly safe, but such as are modern and used in 
 well-appointed establishments. 
 
 4. An employee cannot recover dama^e^es from his em- 
 ployer if injured by reason of a defect in machinery, etc., of 
 which he was apprised. In certain cases, nevertheless, he 
 may recover damag'es if he has repeatedly requested the em- 
 ployer to repair a defect and the employer fails or ne^^lects 
 to do so, especially after the latter has promised to make 
 the repairs. 
 
 5. An employer is liable for an injury to an employee re- 
 sulting from the carelessness of an incompetent, intemperate 
 or reckless fellow workman, if the employer was aware of 
 such incompetency, or might have known it by exercising 
 reasonable diligence. 
 
 6. The injured employee, in order to recover damages, 
 must in all cases prove that he himself was careful. In 
 other words, he must show that he did not contribute to the 
 accident. 
 
 7. It is improbable that an employee could recover in 
 Massachusetts for injuries sustained while performing work 
 of unusual danger, through fear of discharge, after being 
 directed bv his employer to do the work. 
 
 8. The employer, a? said above, is legally bound to in- 
 struct one entering into his employment of exceptional and 
 unusual dangers, known to him and not known to the em- 
 ployee. If the employee is young, inexperienced, or below 
 the average person in intelligence, the employer is bound to 
 give him still greater instruction. 
 
 9. At common law the legal representatives of an em- 
 ployee killed by the negligence of an employer can recover
 
 Railroads and the Public. 183 
 
 no damages if such employee dies instantly. (This rule 
 has been modified in the cases of railroad and street railway 
 employees, and in cases arising under the Emr>lovers' Liabil- 
 ity Act.) 
 
 Statutory Rights. — i. No employer, by virtue of a 
 special contract with employees, can exempt himself from 
 liability to such employees for injuries sustained by them 
 on account of his negligence, and any such contract is null 
 and void. (A corporation engaged in carrying passengers 
 or in transporting freight cannot require a bond of an em- 
 ployee to indemnify it against loss or damage resulting from 
 the negligence of such employee. ) 
 
 2. The legal representatives of a railroad employee killed 
 through the carelessness of the compaiiy, and not his own 
 or that of a fellow workman of the same grade, may recover 
 an amount against the company, not less than $500 nor more 
 than $5,000, provided he would have been entitled to main- 
 tain an action for damages against such corporation if death 
 had not resulted. But this action must be commenced with- 
 in one year after the injury which caused the death. 
 
 3. An employee of a railroad, injured by any locomotive, 
 car or train used contrary to provisions of the railroad laws, 
 shall not be considered to have assumed the risk of such in- 
 juries against employers. Its principal provisions may be 
 briefly summarized as follows : — 
 
 a. Employees may recover for any defect in the condi- 
 tion of the ways, works or machinery of the employer or of 
 some one in his employ, whose duty it was to see that the 
 same were in proper condition or properly repaired. 
 
 b. Employees may recover for the negligence of a su- 
 perintendent, or of one acting as superintendent under the 
 authority of the employer. 
 
 c. On railroads the company is liable to the employee in- 
 jured through the negligence of a person having the charge 
 of any signal, switch, locomotive, engine or train. In the
 
 184 Railroads and flic Public. 
 
 event of the death of the employee his legal representatives 
 have the right to recover damages against the company. If 
 death was not instantaneous, or was accompanied by con- 
 scious suffering, the widow, and if -no widow, the next of 
 kin, dependent upon the employee at his decease, may re- 
 cover damages against the company. If there are two 
 suits, one by the legal representatives and one by the 
 widow or next of kin, the total amount recovered shall not 
 exceed $5,000, to be apportioned by the jury. 
 
 d. Employees themselves, suing under this act, can re- 
 cover an amount not exceeding $4,000. 
 
 e. In any case under this act resulting in death, which 
 follows instantaneously or without conscious suffering, the 
 amount recoverable is not less than $500 and not more than 
 $5,000, to be assessed according to the degree of negligence 
 of the employer or the negligence of the person for whose 
 negligence he is made liable. 
 
 f. No suit under this act can be maintained unless a 
 written notice of the time, place and cause of the injury is 
 given to the employer within sixty days of such accident, 
 and unless the suit is brought within one year from the ac- 
 cident. The time of giving the notice is extended, in case 
 the employee is physically or mentally unable to give the no- 
 tice within the required sixty days, to ten days, beyond the 
 removal of such incapacity; and in the event of the death of 
 the injured employee, to ten days beyond the appointment 
 of his legal representative. 
 
 g. Employees working for sub-contractors upon the ma- 
 chinery, ways, works or plant of the employer have the same 
 rights against the employer as have other employees. 
 
 h. Under this act an employee or his legal representatives 
 cannot recover damages if he knew of the defect or negli- 
 gence causing the injury, and failed within a reasonable 
 time to notify his employer or some one in authority of such 
 defect or negligence.
 
 Railroads and the Public. 185 
 
 i. An employer who has contributed to certain insur- 
 ance funds for the benefit of injured employees may prove, 
 in mitigation of damages recoverable by an injured employee 
 under this act, the proportion contributed by him to the ben- 
 efit received by such employee. 
 
 y. The Employers' Liability Act does not apply to in- 
 juries caused to domestic servants or farm laborers by fel- 
 low employees. 
 
 It may truthfully be asserted that neither employers nor 
 employees are satisfied with the present law pertaining to 
 personal injuries to employees. The employers, on the 
 one hand, claim that the tendency of juries is to increase 
 their burdens by awarding liberal verdicts against them; 
 that laws are being passed more and more favorable to em- 
 ployees; and that there is a growing inclination of injured 
 employees, either through their own indifference to friendly 
 relations with their employers or through the influence of 
 others, to institute legal proceedings against their employers 
 for damages. 
 
 On the other hand, some employees contend that under 
 the present conditions injured employees do not receive sub- 
 stantial justice, or a fair and certain compensation for their 
 injuries. It is also asserted that they are denied speedy 
 trials in the courts, owing to the crowded dockets; that they 
 are forced to fight, not their employers, but unsympathetic 
 employers' liability insurance companies, with their corps of 
 claim agents, experts and attorneys, which only tends to 
 separate employer and employee, and discourage amicable 
 relations between them, which should rather be fostered and 
 developed. 
 
 As to the intrinsic merits of the several propositions re- 
 lating to the amendment of the present Employers' Liability 
 Act, we are unable to agree; but in view of the general act 
 which we shall recommend, we believe it inexpedient at the 
 present time to amend the Employers' Liability Act.
 
 i86 Railroads and the Public. 
 
 Workmen's compensation acts, so called, have in differ- 
 ent forms been enacted in several foreign countries, notably 
 in Germany, Austria, Norway, Finland, Great Britain, Den- 
 mark, Holland, Sweden, Italy, France, Spain, New Zealand 
 and South Australia. We are not aware, however, that 
 any such act has been jiassed or been contemplated in any of 
 the United States. 
 
 Space will not permit an exhaustive examination and 
 review of these foreign acts. In general, it may be ob- 
 served that they are intended to afford injured employees a 
 more certain, even if more moderate compensation for acci- 
 dents than is sometimes obtained under proceedings in court. 
 If we should compare the amounts received by a large num- 
 ber of employees under compensation acts with the amounts 
 recovered by them in actions at law after deducting all ex- 
 penses, it is probable that we should find little difference be- 
 tween such amounts. 
 
 The best known of these acts is the British Workmen's 
 Compensation Act of 1897, passed after long discussion. 
 The facts relative to this act, its influence and results, have 
 been especially reported for this committee by Mr. A. Mau- 
 rice Low. His report is printed in Appendix No. 10, to- 
 gether with the British Workmen's Compensation Act. 
 
 The object underlying all such acts, whether in Great 
 Britain or in other countries, is to remove in a measure, and 
 so far as safety will warrant, the economic insecurity of em- 
 ployees, on the theory that, where a man receives injury, 
 while in the course of his employment, society should re- 
 coup him in some measure without resorting to charity; that 
 a man working in any dangerous occupation, or in any occu- 
 pation, as to that matter, is really doing a service to the pub- 
 lic; he is enabling the public to prosper through industrial 
 conditions, and therefore the public owes him something 
 should he meet with disaster; that capital recoups itself for 
 losses by charging off a certain percentage every year for de-
 
 Railroads and the Public. 187 
 
 terioration of plant; that the working man has no means of 
 charging off his deterioration of muscle and skill through 
 the accidents incident to production, and that he ought, in 
 all justice, to have such deterioration compensated in some 
 reasonable way by society itself ; that, as the deterioration of 
 plant is paid for by being added to the cost of production, 
 the deterioration of the man should also be added to the cost 
 of production. The theory is, also, — and this has deter- 
 mined the acts of foreign countries in this respect, — society 
 ultimately pays all such costs through consumption. 
 
 The question before this committee is, how to establsh a 
 system, so far as accidents are concerned, which shall be fair 
 to the employee suffering injury, and to the employer who 
 in the first instance has to pay for such injury. 
 
 Under the proposed compensation act, the troublesome 
 questions of assumption of risk, both in relation to defective 
 ways, works and machinery, and the carelessness of fellow 
 employees, are eliminated. In fine, there is no doubtful 
 question of liability to be determined; that is entirely re- 
 moved. The only questions arising under the act are. Has 
 the employee sustained an injury in his employment, and, if 
 so, to what is he entitled ? The sum to which he is entitled 
 depends upon the seriousness and nature of his injury, and 
 the amount of his earnings. If he is killed, his dependents, 
 if any, would receive an amount approximately equal to his 
 aggregate wages for three years. In the event of his total 
 or partial incapacity to work, as a result of the accident, he 
 would be paid a weekly payment, not to exceed fifty per 
 cent, of his earnings, for a period during such incapacity not 
 to exceed a term of four years. Provision is also made in 
 case there are no dependents or next of kin for paying the 
 reasonable expenses of the last sickness and burial of the 
 deceased employee. 
 
 All questions of dispute between employers and employees 
 arising under the act are settled by a committee equally rep-
 
 i88 Railroads and the Public. 
 
 resenting- both parties, or by an arbitrator appointed by 
 agreement between them, or by a referee appointed by a 
 justice of the superior court in cases of disagreement. There 
 is no appeal on questions of fact, but questions of law may 
 be reserved and passed upon by the supreme judicial court. 
 
 The act which the committee has prepared differs in some 
 degree from the British Workmen's Compensation Act, — 
 the one with which we are most familiar. It is to be 
 hoped that the chang-es which we have seen fit to make in 
 that act will be deemed to be salutary, and more in con- 
 formity with local laws and conditions. 
 
 While we are unanimously of opinion that the Employers' 
 Liability Act and the Compensation Act should not perma- 
 nently coexist as to the same establishments, we are divided 
 on the question whether the Liability Act should continue 
 in force temporarily as to such establishments as are cover- 
 ed by the Compensation Act until the latter shall have been 
 tested by actual experience. We believe that in any event 
 the injured employee should always have the option of re- 
 covery at common law in the event of g-ross neg-ligence on 
 the part of the employer. Section 3 of the accompanying 
 bill must be taken, therefore, as subject to the question of 
 the Liability Act, as above discussed. 
 
 The question as to whether the employee should, prior to 
 an accident, make an election of the remedy to which he 
 would resort, has been thoroughly considered, but no practi- 
 cal method of making such election has been suggested to or 
 ascertained by the committee. Under section 3 of the bill 
 we recommend that the injured employee may, at his option, 
 either claim compensation under it or proceed against his 
 employer as though the act had not been passed, but shall 
 be bound by whatever proceedings he first institutes against 
 his employer. Should the employee be compelled to make 
 an election as to which method he would adopt prior to any 
 accident, to make such election effective he would have to
 
 Railroads and the Public. 189 
 
 file with his employer notice of such election, or file in 
 some public office notice of such election, or make his 
 election in duplicate, keeping- one copy himself. Massa- 
 chusetts is an industrial State, and the larg^e number of 
 persons employed who would be covered by any employers' 
 liability law would render any such election nugatory. The 
 shifting of employees, their migration from one employer to 
 another, their employment for a brief time, — all these mat- 
 ters offer obstacles which cannot well be overcome, or suf- 
 ficiently overcome to warrant any provision compelling a 
 prior election of the manner in which an employee shall pro- 
 ceed to recover damages for injuries incurred." 
 
 In a report made by A. Maurice Low, Oct. 8, 1903, of 
 the operation of the Workmen's Compensation Act the fol- 
 lowing language is used : 
 
 "The railways of the United Kingdom are required by law 
 to make certain returns to the Board of Trade relating to 
 their income and expenditure. These returns show the cost 
 to the railway companies of the kingdom for compensation 
 to their employees. Since the passage of the Workmen's 
 Compensation Act the companies have kept a separate ac- 
 count of compensation to employees, by which it appears 
 that in 1899 the cost of compensation amounted to£ 118,849, 
 in 1900 to £146,027, and in 1901 to £153,928; equivalent 
 per train mile to .oyd. in 1899 and .ogd. in 1900 and 1901."
 
 190 Railroads and the Public. 
 
 CHAPTER XVII. 
 
 CONCLUSION. 
 
 An act was drawn by the Commission consistent with 
 the opinions as written in their report, but the representa- 
 tives of certain industries protested against the enactment 
 of the proposed law upon the ground tliat it placed at a dis- 
 advantage the manufactures of Massachusetts in compari- 
 son with those of other states. 
 
 It is obvious that a bill drawn to meet all conditions of 
 employment in the various industries included within the 
 provisions of this act; and exacting the same conrlitions 
 from a small as from a large manufacturer or contractor, 
 and radically changing the settlement of the employers' 
 liability, would, to say the least, require serious considera- 
 tion by the representatives of the interests affected. 
 
 An adverse report was returned uix)n this bill by two 
 legislative committees to whom it was assigned for con- 
 sideration, and the work of the Commission went for 
 naught. The arguments used against the proposition 
 could in the main, hardly apply to railroads, and there are 
 many reasons why it would appeal to them and their em- 
 ployees more than to any other industry. 
 
 To take the money now paid for liability and charged to 
 court expenses, etc., and arrange a plan by which this 
 amount of money may be divided amongst the injured 
 employees or those who are left without support, appears 
 to be a sane and fair business proposition. We believe this 
 would have been accomplished had the recommendation of 
 the Commission been adopted. 
 
 But where could we find the proper person to arrange 
 this plan? The man who could successfully bring this 
 scheme into practice must be a man of influence and no or-
 
 Railroads and the Public. 191 
 
 dinary student of political economy. This work would re- 
 quire the sacrifice of time and money, with no possible 
 chance of reward other than the personal satisfaction of 
 having accomplished a public benefit. We needed the in- 
 fluence of such a man as Hon. Nathan Mathews, Jr., and 
 Mr. Mathews kindly consented to assist us. He sug-oested 
 that w^e enlist if possible Roger S. Warner, Esq.. who had 
 once worked with him collecting- data and making- up sta- 
 tistics upon this subject. We found Mr. Warner in a 
 receptive mood, and after a few minutes of meditation, as 
 though weighing the task we asked him to assume, he con- 
 sented to take it up and has faithfully and conscientiously 
 labored to obtain the desired result. 
 
 By the terms of the Workingmen's Compensation Act as 
 drawn by the Labor Commission, the employees had an op- 
 portunity to elect whether they would accept the benefits of 
 the Compensation Act or proceed under the law. Al- 
 though no argument was offered by any representative of 
 either of the railroads to show upon just what ground their 
 opposition was based, it was reported their objection was 
 owing to the fact the employees had this chance of testing 
 the new plan before surrendering such rights as they may 
 hold at present. 
 
 That we should insist upon this condition seems to be 
 fair, because of the fact that by the new arrangement the 
 employees might reasonably expect better results than from 
 the old regime. Willingness upon the part of the employ- 
 er to offer this choice would be a guarantee of good faith 
 upon his part while a refusal to accept these conditions by 
 the railroads might cast a doubt upon the efficacy of the 
 scheme. 
 
 A fresh impetus is added to the wave of discontent by 
 each succeeding subscription paper calling upon the em- 
 ployees to contribute to the aid of some unfortunate asso- 
 ciate for whom many believe the corporation should pro-
 
 19^ Railroads and the Public. 
 
 vide. To many it brings up the thoughts of their loved 
 ones, for ours is a hazardous calling, and any of us may be 
 the next. The people as a whole cannot shake their re- 
 sponsibility for existing conditions. The remedy rests en- 
 tirely in the hands of the public who, should they so decide, 
 can enact just and adequate laws. 
 
 Railroad officials, and corporation lawyers when address- 
 ing juries in damage suits, never fail to point to the fact 
 that the public must pay the bills, therefore the representa- 
 tives of the railroads have no cause for complaint if the peo- 
 ple pass liberal laws to protect our loved ones should acci- 
 dent happen to us. If such could be enacted there would 
 be some possibility of a friendly settlement of many of these 
 disputed matters. The railroads argue against the adop- 
 tion of such legislation upon the ground that it may tend to 
 increase litigation. They will show what a comparatively 
 few cases are at the present time brought to the courts by 
 their employees They will attempt to draw the deduction 
 from this, reasoning that there is little cause for complaint 
 at the present time. The answer to this contention is very 
 simple, inasmuch as there is at present but small chance 
 of recovery for damages, the employees accept the in- 
 evitable and submit to the injustice. To disabuse the 
 mind of any person who may have any doubts upon this 
 subject we will refer as a fair sample to the Adams case. 
 It was a year ago the 28th day of last September this acci- 
 dent happened, in consequence of which Mr. William H. 
 Adams is to-day a patient of the Massachusetts General 
 Hospital, taxing to the utmost the skill of the best surgeons 
 of this widely known institution. 
 
 Had this engineer been a passenger there could be no 
 question as to the corporation's liability. But owing to 
 the fact he was a servant of the public, the duty rests upon 
 him, as we understand the law, to prove the exact cause, 
 and the company's negligence, in order to recover damages.
 
 Railroads and the Public. 193 
 
 Inasmuch as these locomotives are expected to remain upon 
 the rails, the fact of the engine leaving the track should be 
 taken as prima facia evidence of the negligence of the com- 
 pany. 
 
 Provided we accept the Railroad Commission's opinion, 
 every one must admit that this accident occurred from 
 causes beyond the engineer's control, yet the railroad dis- 
 claim.s all responsibility for the accident resting on the be- 
 lief the engineer will be unable to prove the exact cause of 
 the wreck. 
 
 While the Railroad Commission was willing to accept 
 and place on file that the accident was due to the engine 
 leaving the track; the railroad corporation will assume no 
 liability for damages under these circumstances, and insist 
 upon having presented the specific cause of the engine leav- 
 ing the track and proof furnished of the company's negli- 
 gence for the same. It is very evident that the railroad is 
 more particular about such things than is the Railroad 
 Commission, but the law firm of Vahey, Innis and Mans- 
 field may be able to tell the Court some things about this ac- 
 cident the Railroad Commissioners don't know, or know- 
 ing, may wish to conceal. 
 
 There should be enacted in the statues of Massachusetts 
 such a law as is embodied in Sec. 4, Chap. 187, Rhode Isl- 
 and, General Laws. 
 
 "The Railroad Commissioner shall without charge, upon 
 request therefor in writing, furnish any person injured or 
 the friends of any person killed, any information he shall 
 have obtained in relation to the manner by which such per- 
 son was killed or injured with the names of the persons 
 from whom the information was obtained." 
 
 Should it appear from investigations that the Railroad 
 Commissioners failed to furnish such information as might 
 reasonably have been expected, Commssioners should be ap- 
 pointed who will comply with the law.
 
 194 Railroads and the Public. 
 
 The defence of the corporation in the Adams case will 
 probably be based largely upon the assumption of risks by 
 the employee. If such a broad interpretation is given to 
 this ruling or opinion are we not justified in asking- that as- 
 sumption of risks be a matter of fact and not a matter of 
 law? 
 
 Is it reasonable to suppose that the corporation adopting 
 such practices is able to retain the good will of their em- 
 ployees? As employees of the railroad we are frequently 
 reminded of the fact that we are "servants of the public." 
 Is this the treatment the public wishes to have exercised to- 
 ward its employees? 
 
 In the newspapers we read where railroads contribute 
 generously to the aid of sufferers from catastrophies oc- 
 curing in industries other than theirs. We are all, pleased 
 to see these exhibitations of sympathy. But is the treat- 
 ment of this maimed and crippled employee consistent with 
 the widely heralded philanthropy of these railroad corpora- 
 tions ? 
 
 We hear much about the larg-e sums paid as pensions. 
 Will some one mention a case in which the granting of a 
 pension is more justifiable than in Adams' case? 
 
 Under the most trying circumstances, more than 34 years 
 of faithful service., at wages which averaged 50 per cent, 
 less than is paid for the same work to-day, is the record 
 William H. Adams holds. 
 
 Upon the part of the railroad, serene indifference is most 
 apparent as to the future of this faithful employee. 
 
 "Five hundred dollars as a gratuity" provided the rail- 
 road was released from all further liability, this was the of- 
 fer the railroad company made. Almost any man under 
 the stress of adverse circumstances will accept a favor from 
 a friend. But to a man of Mr. Adams's temperament, in 
 whose veins flows the blood of America's ablest statesmen 
 and bravest patriots, the blood of Samuel and John Quincy
 
 Railroads and the Public. 195 
 
 Adams, a gratuity coupled with such conditions could re- 
 ceive but one reply. 
 
 What explanation do the railroad officials give for such 
 cold blooded policies? We have been informed they are 
 not justified in giving away the stockholders' money, how- 
 ever worthy the cause may be. As showing how falla- 
 cious this excuse is we will mention the case of a member 
 of the board of directors, holding the office of Vice Presi- 
 dent, and having charge of traffic and operation. Because 
 of unsatisfactory service his "resignation" was accepted by 
 his fellow directors, who voted him a year's salar}^ of 
 25.000 of the stockholders' dollars which the director is 
 spending in Europe, while Mr. Adams is cared for by 
 friends. 
 
 The high officials are wont to speak of themselves as 
 our fellow employees. Is this not an unjust discrimina- 
 tion these directors make between fellow employees? We 
 have never asked for anything as munificent as this. What 
 we desired and what we still think would be satisfactory, is 
 a plan whereb}' the cost of liability of the railroads accruing 
 from personal injuries to their employees could be arranged 
 to go to the injured direct. 
 
 It was to obtain this result we asked Mr. Mathews to help 
 us. 
 
 We were ever at the call of Mr. Warner, and in writ- 
 ing the officials of the railroads he informed these gentle- 
 men he held what he w^as pleased to call "a floating com- 
 mission from the legislative representative of the Brother- 
 hood of Locomotive Engineers." He was furnished a 
 copy of the proposal we had submitted to the Labor Com- 
 mission, and which had been voted by the members of our 
 organization to be acceptable to them. 
 
 While we believe no man would be so obtuse as to think 
 he could be justified in asking for the benefits of such a 
 plan unless he was willing to abandon his right of action
 
 196 Railroads and the Public. 
 
 in cases of injury, yet until the new scheme has demon- 
 strated its advanta<:;-es we should insist upon the privileg-e to 
 elect whether we select the new plan or proceed to recover 
 under the law. 
 
 In writing me in connection with this matter, and refer- 
 ring- to a previous communication, Mr. Warner said: "It 
 is the abandonment of right (^f action that insures the com- 
 paratively large payment, and that is the gist of this paper 
 which T wrote. 
 
 "You put the matter yourself very neatly when you say 
 that it would be a good thing to have the railroads pay to 
 each employee injured such a percentage of his wages as in 
 the aggregate would equal the sum paid at the present time 
 by the railroads in court expenses. In other words, tliat 
 the fund now devoted to taking care of damage suits should 
 he fie voted to taking care of the employee direct. 
 
 "By its terms this involves the abandonment by the em- 
 ployee of his claims for damages; for I understand that the 
 railroad is not willing to agree to any scheme which does 
 not permit them to know in advance pretty much how they 
 are going to stand for the ensuing year. This is their ob- 
 jection to any scheme which may be proposed." 
 
 Mr. Warner had been informed that we found the rail- 
 roads indifferent as to any proposition we advanced. In 
 reference to this Mr. Warner writes: "You sav that you 
 want a proposal from the railroads, and that the high au- 
 thorities whom you reached were evasive and appeared to 
 be satisfied. I found exactly the same state of affairs. 
 
 "It is perfectly clear that so long as the railroads think 
 that the trainmen are satisfied, they will make no move. It 
 is perfectly clear that until the trainmen get up in a body 
 and say what they want the railroad will pay no attention. 
 I cannot see how there can be any doubt in your mind upon 
 this point."
 
 Railroads and the Public. 197 
 
 We are constrained to believe Mr. Warner is right, but 
 in the lig-ht of recent developments, such as the establish- 
 ment of Civic Federations, in which the railroad officials 
 hold executive offices, we hoped throug-h the medium of 
 these organizations to attain our purpose without recourse 
 to the more radical methods of other days. 
 
 The skillful physician interested in the welfare of his pa- 
 tient will note the beat of the pulse, or the rise in the tem- 
 perature, and strive to allay the fever before it gets beyond 
 control. So, too, the true representatives of labor organi- 
 zations, hearing the rumblings of discontent try to remove 
 the causes and obtain the remedies before the eruptions take 
 place. By such practices as these we distinguish the labor 
 leader of to-day from the agitator of former times. Many 
 employers of labor and officials of corporations look 
 upon such persons as well intentioned fanatics, represent- 
 ing advanced ideas entirely unsupported by persons whom 
 they aflfect to represent. The so-called "captains of in- 
 dustry," for what they probably consider to be a policy of 
 expediency, refuse to negotiate a peace treaty until obliged 
 to face the army drawn up in battle array. As a result of 
 this practice the labor agitator has ever at hand ready 
 amunition with which to hurl shot at the conciliator's camp. 
 
 Eventually when the corporations are obliged to capitu- 
 late their concessions are accepted as the spoils of war. 
 
 In the pursuit of his purpose as supplementary to the 
 knowledge he already possessed in order to fortify his con- 
 clusions as to the \yest methods of adjusting the matter of 
 employers' liability for personal injuries to employees, 
 Mr. Warner was obliged to go through a large number of 
 reports upon the subject both American, English, French 
 and German, not to mention some considerable calculations 
 on his own part. 
 
 The result of his labor, which was prefaced with practi- 
 cally such opinions as have been written here, and in the re-
 
 198 Railroads and the Public. 
 
 port of the Labor Commission of Carroll D. Wright, was to 
 appoint a committee "to g-o on with our educational propa- 
 g'anda until the railroad employees have been brouscht to a 
 point where they will unqualifiedly back up some measure 
 on lines which have been su.s^-srested. or if these are not sat- 
 isfactory on other lines. The Committee should consist 
 in my opinion of three representatives of trainmen who 
 should busy themselves in an investigation of the scheme in 
 other cases where it has been tried. This Committee you 
 will observe is acting under the express direction of the 
 brotherhood." 
 
 The "scheme" which Mr. Warner refers to, is some plan 
 to be devised whereby one side gives up its right of action, 
 and the other side makes a much larger provision than that 
 suggested in my proposal. 
 
 The suggestion of Mr. Warner is worthy of most careful 
 consideration, and its author is entitled to proper recogni- 
 tion from all classes of railroad men for his untiring efforts 
 in their behalf. 
 
 To whatever degree we may desire a satisfactory adjust- 
 ment of these affairs through the efforts of Mr. Warner, it 
 is unwise to trust to the current of coming events to carry 
 us to safe anchorage in a snug harbor. We know too well 
 the tactics of our railroad representatives to furnish them 
 such a good excuse to postpone so indefinitely remedial 
 measures in reference to employer's liability. 
 
 \Vith no desire to unduly bias the mind of others against 
 the opinions expressed in his suggestion, yet with the full 
 knowledge of my purpose by Mr. Warner, I wish to dissent 
 from his views. 
 
 It seems after the exhaustive research of the Labor Com- 
 mission, only cumulative evidence could be acquired by such 
 a committee as Mr. Warner suggests. Are we to act for 
 all time as supplicants to these corporations to obtain what 
 a governmental commission admits is our due? Why
 
 Railroads and the Public. ■ 199 
 
 should we wait any longer ? Is it not about time we should 
 act for ourselves? 
 
 To clip the corporation's wings of intimidation, let us 
 have embodied in our trade agreement a clause to the ef- 
 fect, that no discrimination shall be made against any em- 
 ployee appealing to the courts for damages sustained by 
 personal injuries. Next, demand of the corporations such 
 an increase of wages as will insure us against loss from in- 
 juries in such cases as the law should, but fails to provide. 
 What reasonable objection can be made to this plan? Is 
 it because we preach conciliation that these corporations 
 think they can do as they please? In other days, foremost 
 in the line of battle was the Locomotive Engineers. 
 Around the old ensign the men will e'er rally and show to 
 the Avorld, should occasion require, that they will still fight 
 in defense of their rights.
 
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