Upon receipt of four cents in postage are still located at Indianapolis, Ind., we will send a copy of the Magazine souvenir of the Twenty-sixth Convention. A bound volume of the Locomotive Firemen and Enginemen's Magazine will be sent prepaid to any point in the United States for $3.00, or to Canada and Mexico for $4.00, subject to duty. Its pages are replete with valuable knowledge for locomotive enginemen. Send remittances to John F. McNamee, Editor and Manager, Traction Terminal Building, Indianapolis, Ind. and all communications should be directed to us at Indianapolis. "Organization" should be our watchword for the coming year. Our members should see to it that every eligible non-union fireman within the jurisdiction of their respective lodges joins the ranks of our Brotherhood. We hope that editorial in the Brotherhood Department of this issue entitled, "Important to Recording Secretaries and Members-Facts With Which All Should Be Familiar," will be read by recording Although the Magazine is being printed at Columbus, Ohio, the editorial offices secretaries and all members. necessary for us to hold the application until we can secure the information desired. Sometimes the recording secretary fails to put down the date of initiation. This makes it necessary to send back for that information. Applications for Beneficiary Certificates. The application for beneficiary certificate of an applicant for membership is one of the principal papers on which the applicant is admitted into the organization. It is necessary that this application for beneficiary certificate be comFrom this it will be seen that it is pleted in its entirety both by the applicant and by the local medical examiner. cation for beneficiary certificate to this necessary before forwarding the appliFailure to answer questions propounded office that it should be completed in its on this application for beneficiary certificate necessitates the same being held entirety by all those who have anything and a request made for the information to do with it. I urge upon the officers which has been omitted. This takes of subordinate lodges to call on the local time, and in some cases the applicant has medical examiners and tell them how been injured or killed and, no beneficiary essential it is when examining applicants certificate having been written, the ap- for membership that they complete the plicant or his relatives have been de- application for beneficiary certificate in prived of the benefits which were guar- its entirety and not in any way leave anteed to the applicant when soliciting some question unanswered. I urge upon his membership. Sometimes the appli- the officers who have to handle these apcant fails to designate a proper bene- plications for beneficiary certificate to see ficiary; sometimes he fails to designate that they are completed in their entirety the amount of certificate he desires to carry. Sometimes the local medical examiner fails to sign his name as a witness to the application. Many times the local medical examiner fails to fill in answers to some of the questions in the application, and in this way makes it before being forwarded to this office, so that when they do arrive there need be no delay in having same approved, or rejected, and a beneficiary or a funeral benefit certificate written upon their approval or rejection by the General Medical Examiner. ble after the election is over, the form furnished them on which to report the newly elected officers, and in that way permit us to have our first Directory after January 1st contain the names of all the newly elected officers. This is important owing to the fact that we want all of the mail matter after January 1st to go to the newly elected officers, provided they have been installed. Installation of Officers. Readmission of Former Members. Attempts are being made by local organizers to secure the membership of former members and they try to get them into the organziation as former members. In fact, instances are coming to the attention of this office wherein local organizers show that they have obligated a former member and want him placed on the rolls as a former member. This is entirely wrong because it should be understood that no one has authority to readmit a former member except the A year ago we had requests from sevGeneral Secretary and Treasurer. Local eral lodges for an installation ceremony organizers are not entitled to compensa- whereby the installation could be public tion for having secured the membership and conducted jointly with the Ladies' of a former member unless the applicant Society. We had nothing of the kind; joins as a new member, and when he in fact, the only thing we had was a pubdoes join as a new member, even if he lic installation had at some former time belonged to some lodge we must insist that he pay the initiation fee and that the lodge remit to this office the $2.00 for Protective Fund, just as though the applicant had never been a member before. ceremony which was printed in the Ritual. In order that these joint meetings can be held for instalation, we have prepared a small pamphlet which contains the joint Ritual, or rather the Ritual for holding joint meetWhen a former member desires to be ings between the Ladies' Society and our readmitted as a former member, offi- lodges, and in this we have printed the cers should understand that accompany- installation ceremony of the Brotherhood ing the application for beneficiary cer- and also the public installation ceremony tificate there must be one of our forms of the Ladies' Society. These pamphlets G-48 applying for the readmission of the can be obtained by applying to this office, applicant as a former member. Do not and we will supply them to such lodges have the application for beneficiary cer- or Ladies' Society lodges as desire them tificate come at one time and the form at the actual cost plus the amount of G-48 come at another time, but be sure that one accompanies the other, and in this way avoid inconvenience and delay in the readmission of the member and in the issuing of the beneficiary certificate. I call attention again to the fact that no one can readmit a former member as a former member except the General Secretary and Treasurer. Election of Officers. postage. I believe that five of these pamphlets would be all that would be re quired at any joint installation ceremony. Defeat of Proposed Michigan Constitutional Amendment. In the October and November issues of the Magazine there appeared articles in connection with an amendment to the Constitution of the State of Michigan, which, had said amendment been adopted, would have compelled us to This would apply to all fraternal organizations, or practically so, because it would have done away entirely with the lodge system. In fact, it would have By the time this issue of the Magazine reaches our members, the time for election of officers will have arrived, as withdraw all business from that State. the election takes place at the first meeting in December. In voting for candidates for the several different of fices, I urge upon the members to vote for the nominee whom they feel is best been a very hard matter to have prequalified to fill the office. Do not vote pared any plan whereby we could retain for some member because he happens to our membership in the State of Michibe a good fellow. I hope that all of our gan. members are good fellows, but I mean The election took place on November this in the sense of one who is jovial, 3rd and the latest reports go to show good natured and everything of that that this amendment was defeated by kind, and yet is not qualified to perform over two hundred thousand majortiy. the duties of the office or will not give The defeat was so decisive that we are attention to the office if elected thereto. under the impression that the adoption I urge upon recording secretaries to for- of an amendment of this character will ward to this office just as soon as possi- not be undertaken in any other State. Forum PUSHER ENGINES IN OHIO-"VOLUNTARY" RELIEF Important Order Regarding Pusher Engines ---Attorney General Gives Official Opinions Regarding "Voluntary" Relief Departments and Running of Light Engines For the information and guidance of members employed on railroads in the State of Ohio I quote herewith administrative order No. 16 issued at a regular session of the Public Utilities Commission of this State. This ruling in connection with Section 8949 of the General Code provides how a pusher engine can be lawfully used. As I understand it the engine and tender are considered as single units, in other words they count the same as two cars, and unless all cars are equipped with air brakes and coupled together the pusher engine cannot be coupled behind the caboose, but must be coupled to the last air car, and all non-air cars, including the caboose, must be assembled behind the pusher engine. This is a "safety first" order adopted by the Commission for the purpose of preventing death and disability, and regardless of the fact that it may cause some inconvenience in switching the cars and caboose ahead of the pusher engine after ascending the grade, the order should be complied with to the letter. Administrative Order No. 16 is as fol lows: It appearing to the Commission from reports and investigations that the dangers of railroad operation are increased by the use of what is designated as pusher engines on the rear of heavy trains operating in conjunction with the engine on the forward end of such train, and it appearing further that a certain degree of hazard in railroad operation would be eliminated by the use of air or power brakes on such pusher engine in connection with the air or power brake system controlling such train, it is, therefore, ORDERED-That the railroad and railway companies operating within the State of Ohio be and they are hereby notified, directed and required whenever, in the operation of trains upon their respective lines of railroad and railway it becomes necessary or desirable to employ, in addition to the locomotive or of locomotives attached to the front end of a train, a locomotive at the rear of such train in the Section 8949 of the General Code of Ohio is as follows: No common carrier, engaged in moving traffic on a railroad, between points within this State, shall use upon its line a locomotive therefor not equipped with power driving wheel brakes and appliances for operating the train brake system, or, in such business, run a train unless at least eighty-five per centum of the cars therein shall have air brakes thereon so arranged that they can be operated and used from the engine by the engineer of the locomotive drawing such train, and unless all of such cars equipped shall be associated together. SO I trust the administrative orders as issued by the Commission from time to time, for the purpose of reducing the death and disability list to the minimum, will be appreciated by our membership. Voluntary Relief Departments Not At the annual meeting of the Board (The Ohio Legislative Board) last December a resolution prevailed authorizing the chairman to make a thorough investigation of the so-called "Voluntary Relief" Departments of the Pennsylvania and Baltimore and Ohio Railroads; this investigation was to be made without jeopardizing the positions of or compromising any of our men, and I am pleased to be able to inform our members at this days after receiving a notice thereof, he may demand the reason of such dischage, and the railroad company thereupon must give the reason to him in writing." time, that I have collected sufficient evi- neglects to become a member of any dence to convince the Attorney General's society or organization. If an employe Department of our State that the "Relief is discharged, at any time within ten Departments" as conducted on the herein cited railroads are not "Voluntary" as they would have us believe, but "COMPULSORY." The following correspondence which passed between the Attorney General and myself is self-explanatory, and I trust this matter will be settled to the satisfaction of all concerned. The question above indicated and presented by the correspondence submitted to me, has been the subject of careful consideration by this department, and although as you may know, the law does To the Attorney General of Ohio, from not permit me to render official opinions Chairman Ackerman: except to certain public officers, neverOctober 7, 1914. theless, I am pleased to herewith give Referring further to the request made you briefly my views in this matter. by this organization for a construction the Supreme Court of this State has had An examination of the cases in which by your Department of Section 9014 of occasion to consider the relief departthe General Code of Ohio and which you ments maintained by certain railroad promised would be forthcoming at an companies, and the validity of the agree early date; we are very anxious for an ment by which their employes become early opinion as we have an important members of the same, indicates quite suit pending which will require a con- clearly that the legal integrity of such struction of this section. The suit in relief departments and said agreements, question was filed by one John W. Camp- depends upon the assumption that conbell against the B. and O. Railroad Com- tractural relations between such company in the Probate Court of Ross Coun- panies and their employes with respect ty, Ohio. Plaintiff alleges he was a brake- to membership in said relief departments, man in the employ of that company from are entirely voluntary in their nature, September 29, 1909, to April 17, 1914, and it is clearly the intent and purpose and was compelled to pay into the Relief of the statutes above quoted, to inhibit Fund of said company three dollars per month and that he paid a total amount of $163.90; that he demanded that he be reimbursed for this amount which was refused and that he was deprived of his rights under the laws of the State of Ohio by being compelled to join this Relief Fund as a condition to his remaining in the company's employ and for this violation is entitled to not less than $50.00 nor more than $500.00. To Chairman Ackerman, from the Attorney General of Ohio: em October 8, 1914. Some time ago you submitted to this department certain correspondence by which I am advised that a certain railroad company in this State, which maintains a so-called voluntary relief department, of which its enginemen as ployes are members, is requiring such employes to increase their "insurance," with a resulting increase in the monthly cost to them, as a condition of their further employment by the company. You ask particularly as to the application of the provisions of Section 9012, General Code, to the situation here presented. This section provides as follows: "No corporation directly or indirectly shall compel or require an employe to join any company or association whatsoever, or withhold any part of an employe's wages or his salary for the pay ment of dues or assessments in any society or organization, or demand or require either as a condition precedent to securing employment or being employed. Such railroad company shall not discharge an employe because he refuses or railroad companies from exercising coercion toward their employes with respect to the conditions of such membership. There is no question in my mind but that the statute in question is broad enough to cover the situation presented by correspondence submitted to me, and I am of the opinion that the conduct complained of, is in violation of both the letter and the spirit of the statute. In fact, the only question that has been considered an open one with respect to statutes of the kind in question, is that concerning their constitutionality, and in this connection I note that certain provisions of the act (87 O. L., 149) of which the section above quoted is a part, have been held to be unconstitutional by certain of the lower State and Federal courts, insofar as said provisions were considered to contravene the right of a railroad company and its employes, to voluntarily contract with reference to the membership of such employes in a relief department maintained by such company, and as to conditions of membership therein. In view, however, of the decision of the Supreme Court of the United States, with respect to the question of the conto the act of which the section above stitutionality of a State statute, similar quoted is a part (C. B & Q. R. R. Co., strained to the opinion that the statute v. McGuire, 219 U. S., 549); I am conin question is one well within the police power of the State, and that it is in all respects constitutional and valid. As before stated, it seems clear to me that the conduct complained of in the correspondence submitted to me, contravenes both the letter and spirit of this statute, and I trust that the railroad companies of this State maintaining such relief departments, will see to it that their relations with their employes with respect to membership in such relief departments, are wholly in keeping and consonant with the terms and spirit of the statute and the purpose of its enactment. Yours very truly, TIMOTHY S. HOGAN, Distance Light Engines Can Be Legally Run with Less than Full Crew. In the October issue of the Magazine was published an unofficial opinion rendered by the Attorney General of Ohio on the question as to whether under the law a light engine can be run on an Ohio railroad to a point twenty-five miles outside yard limits from a starting point with less than a full crew and return to the same starting point, or whether the aggregate distance run both ways must be not more than twenty-five miles, and as the Public Utilities Commission being governed at the time by the official opinion of former Attorney General Denman did not feel disposed to issue any orders contrary to such official opinion until they were in receipt of an official opinion from Attorney General Hogan construing the section of the general code pertaining to the foregoing question, viz.: Section 12556 I requested the Commission, through its Chief Inspector, to obtain an official opinion from the Attorney General, and at the same time I took the matter up with the Attorney General myself and the following is a copy of the official opinion rendered the Public Utilities Commission by the Attorney General: October 26, 1914. The Public Utilities Commission, Columbus, Ohio. Gentlemen-I have your letter of September 14, 1914, in which you inquire: "The Public Utilities Commission of Ohio has requested that you give them an official opinion construing that part of Section 12556, General Code, which makes it an offense to run a light engine on a railroad without cars a distance of more than twenty-five miles from the starting point, with less than a full crew in charge." Section 12556 reads: "Whoever, being a superintendent or other employe of a railroad company, sends or causes to be sent outside of yard limits on a road over which are run more than four freight trains in every twenty-four hours, a through freight train with less than one engineer, one fireman, one conductor and two brake men, or a light engine without cars, to run a distance of more than twenty-five miles from starting point, with less than one engineer, one fireman and one conductor or flagman, shall be fined not less than twenty-five dollars for each offense." This section is of comparatively recent origin, having been first passed May 2, 1902 (95 O. L., 337) which act was repealed May 10, 1902 (95 O. L., 532). The repeal and re-enactment in so short a time is attributable to the fact that as originally passed, Section 2 was SO worded in the original act as to probably fail to prescribe any penalty for disobedi ence. The amended Section 2 prescribed a penalty for sending outside of the yards a through freight train, omitting a penalty as to the sending a light engine without cars to run a distance of more than twenty-five miles from the starting point. The codification is found in Section 12556, above copied, and a penalty is affixed for a violation of either of the requirements of the section. Under the rule laid down in State v. Toney, 81 O. S., 130, the change brought into the law by the codifiers is valid and a general discussion of the effect of a codification is unnecessary, and it therefore follows that a determination of the meaning of Section 12556 is all that is now needed. This determination is left to a choice between holding that the language "to run a distance of more than twenty-five miles from starting point" applies to a going distance only and should be construed as though it read to run to a place more than twenty-five miles from the starting point and without considering the matter of "running distance" or "distance traveled" as a controlling factor in construing this section. Taking the section as an entirety, and we have "Whoever sends or causes to be sent a light engine without cars, to run a distance of more than twenty-five miles from starting point shall be fined, etc." When we consider this entire section as applicable to a light engine without cars, we see the offense is the "sending" or "causing to be sent" to run a distance of more than twenty-five miles from startlast ing point. Dropping the three words and there is nothing to construe; it is the distance to be run or traveled under the "sending" that controls, and no one would think of limiting the distance run to the going, and leave out of sight the distance traveled in returning. Does the addition of the words "from starting point" modify "limit" or even change the meaning in any regard? Running a distance does not necessarily mean a going in one direction only, but may easily be held to mean both going and returning. I regard "sending," "running" and "distance" to be the controlling elements in construing this section and cannot understand that when an engine is sent out to |