Sidebilder
PDF
ePub

from a starting point with less than a full grew and return to the same starting

"Section 10. The Legislature shall twenty-five miles outside yard limits provide by law for the incorporation, regulation, and supervision of fraternal beneficiary societies, with the power to issue death benefit certificates, which law shall require that such societies, in order to be incorporated, or to do business within the State, must have,

(a) A representative or a democratic form of self government, including the fixing of its own rates, and the election of its officers, with provision for the recall of officers by a majority vote of the membership, upon petition of not greater than 15% of the membership.

(b) Provisions for initiating changes in Constitution or Laws upon petition of 10% of the membership, and for a referendum vote of the membership upon any changes in the Constitution or Laws, upon petition of the same percentage.

point, or whether the aggregate distance run both ways must be not more than twenty-five miles is of special interest to our Ohio members.

From Chairman Ackerman to Attorney General Hogan:

GALION, OHIO, July 7, 1914. Referring to our conversation of some time ago. I wish you would kindly give me your construction of that part of Section 12556 of the General Code of Ohio which makes it an offense to run a light engine on the railroads without cars, to run a distance of more than twenty-five miles from a starting point with less than one engineer, one fireman and one conductor or flagman.

(c) Provisions requiring the officers, upon demand of five local branches, to The railroad officials contend that furnish complete mailing list of members twenty-five miles means that they can run for use in connection with the exercise twenty-five miles and return, making a of the Initiative, Referendum, or Recall.total of fifty miles without the full crew No law shall be valid which shall re- provided for, while we contend and inquire any such society: sist that this is not the case but that the total mileage cannot be more than twenty-five miles.

(a) To create a legal reserve fund, or to be valued or collect assessments upon any basis of rates which will in operation collect an amount annually in excess of the average mortuary cost per one thousand ($1,000) dollars insurance in force of successful legal reserve insurance companies of fifty years' experience, in addition to the necessary expenses of such societies; or

(b) To have a lodge system or ritual. All fraternal beneficiary societies authorized to do business in this State on March 1, 1914, may continue to do such business until the Legislature shall pass law in compliance with the foregoing provision; provided, that no such society may continue to do business for more than one year after this section shall go into effect, unless its Constitution and Laws shall comply with this section; provided, however, that any such society organized under laws of any other State may provide that as to business within this State the foregoing provision shall govern, and that as to such business the vote of the majority of its members in this State shall be binding, in which case all liabilities accruing on Michigan business may be made payable from assessments on Michigan members."

In Ohio Light Engine Must Have
Full Crew if Trip is Over Twenty-
Five Miles.

The following correspondence between the Chairman of the Ohio State Legislative Board, Bro. R. B. Ackerman, and Attorney General Hogan of that State as to whether under the law a light engine can be run on an Ohio railroad to a point

We will be very grateful to you if you will give us your opinion in this matter. From Attorney General Hogan to Chairman Ackerman:

COLUMBUS, OHIO, August 3, 1914. Replying to yours of July 7, 1914, I beg to say that it seems to me that Section 12556 of the General Code, making it an offense to run a light engine without cars, a distance of more than twentyfive miles from the starting point, with less than one engineer, one fireman and one conductor or flagman, is intended to preclude or prevent the operation of a light engine under the circumstances set out in the statute, on a trip which extends more than twenty-five miles. If the locomotive were merely sent to a point less than twenty-five miles distant, without there being any arrangement for its return, the trip would probably be concluded when the point of destination was reached, consequently, the statute would not apply to such case. If, on the other hand, the same crew were directed to take the locomotive to a certain point and return to the starting point it would seem that the trip should be held to include both the going and the returning. In other words, it would be requiring the same crew to run the locomotive from return back to the said starting point, the starting point a certain distance and consequently, the total number of miles traversed on this trip should be considered. If the total distance traversed was more than twenty-five miles, I am inclined to think that the mere use of the word "from" would not justify the confarthest point from the starting point struction that the statute meant that the should not miles, but that the real intent of the be more than twenty-five

General Assembly was to preclude the running of the locomotive a total distance of more than twenty-five miles. Stating it differently, the meaning of the statute should be that more than twenty-five miles should not be traversed from the time it left the starting point until the trip was completed.

Of course, you must understand that this is purely an unofficial opinion and the expression of my own personal views. As penal statutes are to be strictly construed it must be remembered that the

courts will, if possible, hold that no crime has been committed.

Trusting that this answers your question and assuring you that I shall be glad to be of further service to you, if I can, I am

Brother Ackerman desires that at points where the aforesaid section is being violated the particulars be reported to him in detail so that he can place the matter before the Public Utilities Commission of Ohio.

LABOR "NOT A COMMODITY"

Labor Exemption Section of Clayton Anti-Trust Bill

On September 2, 1914, Labor scored Senate, now introduces Section 7 of the another notable victory in her fourteen- new Anti-Trust Bill·

a Commodity or Article of

Commerce."

"The purpose of Congress is to protect labor unions and farmers' organizations from summary condemnation under the anti-trust laws. In their case, as in that of corporations, there must be viction, and no injunction shall be issued proof of crime before there can be conforbidding individual members from lawfully carrying out the legitimate objects of their organizations.

years' war for liberation from an unjust "The Labor of a Human Being is Not classification with Trusts under the court perverted Sherman anti-trust law, and from the tyranny of Federal judges in injunction and contempt cases. On that day, in anticipation of an approaching election at which the constitutional amendment requiring the selection of Senators by a direct vote of the people will undergo its first practical test, the United States Senate passed the Clayton bill (H. R. 15657), with the vital Sections 7, and 18 to 23, unimpaired in their essentials and materially improved in certain particulars. The House of Representatives passed the measure in a few days, but it took the slow-moving Senate three months to come to a final vote, which resulted in 46 "ayes" to 16 "nays."

At this writing (September 15th), the bill is in conference, and certain serious differences have developed between the House and Senate in connection with the provisions relating to business, which may delay for sometime the approval of the act by the President. However, it is reported that the labor sections will remain in the bill practically as passed by the Senate. A copy of the labor provisions as finally enacted will be given in a later issue.

Important changes made by the Senate are outlined in the following editorial from the New York World:

A Truth Embodied in Law. "To Senator Cummins, of Iowa, belongs the honor of originating this sentence which, by the action of the

"When Section 7, often referred to as

labor's bill of rights,' passed the House

it

was highly objectionable, for the reason that it made no distinction between unions acting lawfully and unions acting unlawfully. The Senate amendments have safeguarded that point perfectly, but of even greater importance they have introduced into Federal law an idea that

fittingly supplements the Emancipation

Proclamation and the thirteenth amend

ment.

"Labor was a commodity and an article of commerce when it was bought and sold under cover of the common law, as in the case of indentured servants; when it was trafficked in by wholesale between nations, States and shiploads of coolies were brought to this individuals, as in African slavery; when country in practical bondage; when peonage was established in various parts of the United States; when the children of the Republic were exploited in the mills, and when great employers imported thousands of working men to take the place of higher-priced labor.

"These infamies have all been stopped by law, but it remained for the present Democratic Senate, under the leadership of a Republican, to put into a few simple words the rule which has guided us. It

is more than a rule, more than a senti- ada, Detroit, Mich., Grand Rapids, Mich., ment, and even more than a principle. Battle Creek, Mich., Michigan City, Ind., It is an invincible truth as deadly to Bay City, Mich., Toledo, Ohio, and Elkthe mummers of so-called political hart, Ind. economy in the books as to inhumanity and greed in action."

For their valient services in connection with the enunciation of this new bill of rights for Labor, railroad men and all good unionists should see to it that such friends as Senators Hughes and Cummins, and Representatives Lewis and Keating, and the others who worked and voted with them, are given their due reward, and are returned to the 64th Congress.

Brothers who have held membership in the B. of L. F. and E continuously for twenty-five years are entitled to one of the twenty-five-year lapel buttons provided for by the Twenty-sixth Convention (Washington, D. C.). Application for same should be made to the General Secretary and Treasurer, Bro. A. H. Hawley, Peoria, Ill.

The legislative representatives of the Bro. E. J. Lewis advises that he has on four train service organizations have hand back numbers of the Magazine for fought shoulder to shoulder with the several years of which he is willing to representatives of the American Federa- dispose at a reasonable price. The numtion of Labor in the struggle to secure bers run from March, 1909, to December, this legislation, and they are in a posi- 1913. Interested parties can communition to advise the members as to who cate with E. J. Lewis, 1226 East Wayne the Senators and Congressmen are that Street, Ft. Wayne, Ind.

[blocks in formation]

Pictures of groups and scenes taken during the Calgary Canadian Grand Union meeting and other pictures showing views in and around Calgary and the Rocky Mountains and the surrounding country can be secured from Brother B. G. Tower, 1139 Tenth Street, East, CalPictures of groups gary, Alta., Canada. $1.00, all others fifty cents each.

In a "Correspondence" letter appearing in this issue the baseball team of Lodge 183, Collinwood (a suburb of Cleveland, Ohio), extends an invitation to baseball teams of other lodges to arrange games with them. In a "Correspondence" letter in the September issue the baseball light," containing supplement on the Pyle team of Lodge 240 makes it known that it would like to arrange for games in Buffalo, N. Y., St. Thomas, Ontario, Can

The "Catechism of the Electric Head

National Equipment "E" with folders, can be purchased for fifty cents. It contains over 300 questions and answers.

tiful Twenty-sixth Convention Magazine Souvenir. Send four cents in postage and we will forward a copy to your address.

Michigan Members:-You are urged to do all in your power to defeat the proposed amendment to be submitted to the voters of your State at the election to be held November 3, 1914. For full explanation read article appearing else- Brother B. G. Tower, whose address where in this issue entitled, "Michigan is 1139 Tenth Street, East, Calgary, Members: You Should Vote and Work Alta, Canada, can furnish pictures taken Against this Proposed Amendment." during the recent Calgary Canadian Grand Union Meeting, and pictures

Brother Killingsworth's book of excel- showing views of Calgary, the surroundlent poems entitled, "Sparks and Cin- ing country and the Rocky Mountains. ders," can be secured for $1.25, single Pictures of groups can be secured for copy. Send remittances by express or $1.00 each, other pictures for fifty cents postal money order to J. A. Killingsworth, each. St. Thomas, Ont., Canada.

In order that your Magazine may reach you regularly notify the Magazine office immediately should you change your address.

Address Brother Tower direct.

Recording Secretaries: Important! Read article appearing elsewhere in this issue entitled, "Recording Secretary and Postmaster Arrange Plan to Properly Dispose of Undelivered Magazines."

As the Directory is corrected up to the A bound volume of the Locomotive 10th of February, May, August and No- Firemen and Enginemen's Magazine will vember all notifications of changes of be sent prepaid to any point in the address, etc., to appear in the Directory United States for $3.00, or to Canada should be in the hands of the General and Mexico for $4.00, subject to duty. Secretary and Treasurer not later than This book is very valuable to railroad the first of the months named. men. Send remittances to John F. McNamee, Editor and Manager, Traction

We still have a few copies of the beau- Terminal Building, Indianapolis, Ind.

[graphic][subsumed][subsumed]

Our Finances.

I am indeed pleased that I can report at this time that during the month of August, the total balance in all of our funds passed the Three and One-half Million mark. Of course, it did not remain at this figure very long as we had many bills to pay besides death and disability claims for the month of August. It will not be long, however, until our funds have passed the Three and One-half Million mark and we will be going along towards the Four Million Dollar figure.

It might seem to some of our members that we are getting entirely too much money on our hands. In this connection I will say that as far as our Beneficiary Department is concerned I have recently had an examination, as well as investigation, made of certain features pertaining to the Beneficiary Department with a result that it does show that the present amount of assessment, if collected from each member during the time he is expected to live, with interest on the assessments he pays in, would equal the

amount of his Beneficiary Certificate. In other words, it must be understood that in order to meet all of our obligations for all time to come, we must have a basis to work on and the amount of money paid in by each member during his expectancy with interest on the same, should equal the amount to be paid to him when his death occurs.

I do not mean to convey the idea that I am advocating in any way the raising of our assessments, but I simply want to speak of this subject at this time in connection with the financial conditions of the organization. Never in our history have we been so well prepared to meet every obligation as we are at the present time and we must continue to put away, or in other words, lay aside all of the money that we can in order that we will be able to meet every obligation at all times in the future. I should hate to have the time come when it could be said that the organization was not in a position to meet different obligations in every way, or that it could be said that it was necessary to wait until money was received before we could pay a death or disability claim.

that we have had an increase in the number of members in the organization as compared with the first day of July. Now that business is picking up to some extent generally and to a great extent on some railroads, I urge upon local organizers to get busy with all the nonBrotherhood men and try to get them into the organization. I take this opportunity, however, to say that while local organizers should do all that they can to induce all men eligible to membership who were formerly members to join our order, yet under the laws, they are not entitled to compensation for having se cured them as members again.

It is possible that while securing by readmission the return to our ranks of some former member, as provided by our laws, the local organizer is getting in touch with some others who have never been members and in that way will get them to join. I urge upon all local organizers, and in fact every member of the organization to put forth his very best efforts to get every man who is eligible to carry a Beneficiary Certificate of at least five hundred ($500.00) dollars.

Paying J. P. B. Assessments. During the canvassing of the strike

Claims are being paid at the present time on the date that they are due, providing all necessary papers have been vote in the Western territory, recently, it received, and it has been my desire, since I have been in this office, never to permit the 15th day of the month to pass without having checks for approved claims forwarded on that day to those who were waiting for them.

With reference to our Protective and General Fund, little can be said because the General Fund is being accumulated to meet our Convention expenses in 1916. Of course, the Protective Fund is being collected and maintained to protect the interest of our members and secure for them the best working conditions that are possible.

Regarding our Funeral Benefit Fund, would say that the collections in that fund have not met the obligation but we have arranged whereby all obligations pertaining to the Funeral Benefit Fund will be met when they are due whether we have the money in the fund or not. From this it will we understood that all funeral benefit claims will be paid just as soon as they are due, providing all necessary papers have been filed.

Membership-A Word to Local Organizers. During the business depression since January 1st, last, our membership has decreased to a certain extent, but I am glad to be able to state that by the last of September at least, the ledger will show

was discovered that many members of our organization belonging to lodges not located on the system where they were employed had never paid Joint Protective Board assessments since their employ. ment at the place where they cast their ballot. These matters have been called to my attention by several, but there is nothing for this office to do except to levy assessments on lodges when we receive the assessment notice from the general chairmen of railroad systems. We also discovered that there were many men employed in railroad service for whom the financial secretary was not remitting Joint Protective Board assessments. It is not my intention to insinuate that any financial secretary was collecting these assessments and not remitting them, but it does seem that some financial secretaries were not keeping as good track of the employment of their members as they should.

Every member of the organization in railroad service, no matter what railroad he is employed on, should make it a point to pay the Joint Protective Board assessments levied for maintaining the board of that system. If members have to leave one system and go to work on another, there is no reason why they should not pay the assessments levied on the system on which they are working. We find

« ForrigeFortsett »