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Dominion, Volume 5, Issue 1329, 5 January 1912, Page 3

AT A LOOSE END.

« CASE OF INSPECTOR FULLER. AN ABORTIVE MEETING. UNION RESISTS EMPLOYMENT OP COUNSEL. A special meeting of tho City Conncil was held yesterday afternoon for tho purpose of hearing charges laid against Inspector Puller by the Tramways Union. The sitting lasted for about an hour and a half, but no great progress was made, the whole of that period being consumed in tlio discussion of matters preliminary to tho main purpose of tho meeting. The Acting-Mayor (Councillor J. Smith) presided. Also present wore Councillors Shirtclilte, M'Laren, Hindmarsh, Cameron, . Fitzgerald, Barber, M'Kenzie, Atkinson, Ciodbcr, Trevor, and Cohen. Inspector i'uller attended, accompanied by Mr. A. L. Herdinan, M.P., who had been retained as his counsel. Mr. A. Sutherland, secretary of tho Tramways Union, was present and spoke for the union, but TO not accompanied by a lawyer. About fifty tramwaynten, most of them in uniform, occupied the space in the Council Chamber, allotted to the general public, and were attentive spectators of the proceeding;. Once, when Mr. Sutherland indicated that the council, by forcing the union's hand, would raise a serious position, the whole body of tramwaymen applauded loucliy. The Acting-Mayor rebuked tho demonstration, and it was not repeated.

The Union's Charges. . The following list of charges mado against Inspector Fuller by the Tramways. Union, was laid upon the table:— 1. White's case. 2. Kiernander's case. 3. Suspended- for playing "two-up." 1. Suspended for blocking traffic in Cuba Street by going out on Patton. 5. Accused A. Mills of reporting .him of street betting. 6. Spent most of his time off and on duty at the Kelburne Avenue, gambling.

7. Wasting time when on duty watching the Auckland football team practise, then wont to have a bet. 8. Insulting lady at Brooklyn. No.' 9 is a blank. 10. Reporting Turner. 11. Reporting Crump. 12. Koportiug Wallace. 13. Keporting llroughton. U. Reporting Patton. 15. Wanting to fight Carroll and Hetherington. IC. Suggesting remarks to Holland and Matthews ro paying their fares. 17. Insulting remarks to L. M'Kay. 18. Snatching, ticket out of passenger's hand nanrtd Broughton.

Additional Charges. Opening tho proceedings, the ActingMayor stated that since the first list of charges against Inspector Fuller had been received from the Tramways Union, a second series of nine had come to hand (on the previous day). In two of. tho later charges it was alleged that Inspector Fuller had insulted passengers, and in seven it was alleged that he had annoyed employees. Councillor Smith said he" thought it only fair that tho later charges should bo left out, since they had not been in tho hands of the council or of the defendant.

.Councillor Hindmarsh suggested that it would bo better to add the charges and then, if necessary, adjourn. Councillor Fitzgerald: If we deal with tho eighteen first, wo shall do very well to-day.

Councillor Shirtcliffe said that it would not be fair lo deal with charges that had only coino to hand on the previous day. He moved that the later charges be not considered at that meeting, whatever might ha done in the future. It was not fair that Inspector Fuller should be asked to answer charges without notice. Thero had been an understanding that all the charges should be lodged on Saturday lash ■■..-; . '■,:-..:. .-.-iv. ■•; .■:::.-.>:

Councillor Cameron seconded Ihe motion, and agreed that it was unreasonable to ask a man to meet charges without giving him timo to prepare his defence. . . ' ■ Councillor Hindmarsh said that the question had been misunderstood. No ono wauted to do an injustice to.lnspector Fuller. Ho suggested that the charge list should be amended by adding the subsequent charges, and that, if Inspector Fuller was not prepared to answer thorn, an adjournment might be made for several days in order that ho might call his witnesses. Councillor Fletcher contended that the charges should bo added to the list, though they need not bo proceeded with at once. Councillor Fitzgerald urged that the question should be put without further discussion; remarking that there had been a lot of needless quibbling. The motion was thereupon put and defeated on a division by nine votes to four. ' Councillor Fletcher moved: "That these charges (tho second instalment) be added,, and that Inspector Fuller' bo given time to prepare his defence." Oouu'.il'or M'Kenzio ask.od whether there was to bo any finality. They had been told at the last council meeting that the union would file its case and that Inspector Fuller would have tirao to prepare his defence. Now, at the eleventh hour, additional charges were being made. Councillor M'Kcnzio said he would not oppose the addition of tho second instalment of charges, but there should be some finality. If these proceedings were adjourned and tho union brought further charges against Inspector Fuller thero would ba no finality. Councillor Atkinson suggested that Councillor Fletcher should add to his motion, "subject to particulars being supplied." The motion was amended accordingly and then agreed to on tho voices. The'Acting-Mayor then raised the question whether the two sides in the case would l>2 renresented by counsel. Probably they required assistance, and it would not be wise for the oouncil to oppose their wishes in this regard. Councillor Fletcher wanted to know whether any applications bad been made to the town clerk for permission for The Acting-Mayor replied that no such application had been made. . Nothing Before the Council. ■ Councillor Fletcher: Then there is nothing before tho council. How do we know that anyone wants counsel?

The Acting-Mayor thought the council should say whethtT they might bo permitted to have counsel. Councillor Cohen moved that counsel be allowed to appear on either side. He thought that full facility should be given to both sides to present their cases fully. Councillor Shirtcliffe seconded the motion. He was of opinion that both the union and Inspector Fuller should have every facility afforded them, in order that the inquiry be conducted mi as to pre-i-ent all the evidence in the fullest and clearest way possible. Councillor Fletcher said ho had never heard of such a thing. N'o application to employ counsel had been made, and the parties might not wish to employ counsel. -The charges ought to be heard without the introduction of counsel into the ca.se. Councillor Fitzgerald suggested that the whole. motion was out of order. The council had no ri?ht to assume that the parties had any. desire to be represented by counsel. The Acting-Mayor ruled that tho motion was quite in oidcv. Councillor M'Laren said that the usual and proper procedure in the council was to givo notion of liny motion coming forward, and there had been no such motion dealing with th? general question of whether counsel should bo permitted to appear. From what source had the suggestion omanatod? Was there anything introducing the discussion? Tho Acting-Mayor said it was common knowledge that counsel proposed to appear. Councillor M'Laren: If wo are gnin? to take any notice of common knowledge, and what goes on outside tho council, we are going to get ourselves into serious trouble. I think there is absolutely no need for counsel in this ease at all. We are here to hear evidence of charges against ono of our servants. The council intimated Mint it would inquire into this matter, and thiitis'a.s fur as we can go. The Council a Court of Equity. Councillor Trevor said that if the council was not a Court of Law it was a Court of Equity, and tho council should

permit anything that would bring out tho various points of tho case to enablo a true decision to be arrived at. Everything should bn dono with the vimv of having the evidence put forward ill tho best possible way. lie would support the motion. Councillor ITindmarsh thought the inquiry should be impartial, but unless both partres agreed on the matter he, did not think the council should allow one side tn l>e represented by counsel. Probably such a question had never been raised before, and unfortunately there was no precedent tc guide the council. If, however, counsel were to bu employed, a good deal of trouble would be saved to the council. But ho did not think one side should be able to say: "We aro going to employ counsel" without consulting the other side. Ho proposed that the chairman ask the union leaders whether they would havo counsel,' or whether they wished to have an adjournment for the purpose of instructing counsel. Councillor Atkinson agreed that most of what Councillor Hiiidinnrsli had Kiid was perfectly reasonable. Jle did not think any inembor of the council wished either side to be taken at a disadvantage. It would be much better to adjourn , tho inquiry than to conduct it unfairly. He understood that it had been settled in an informal way that the inquiry should be public. Personally he thought the inquiry should not have been public. But if the council wero committed to the policy of publicity, it would be a monstrous injustice not to allow counsel .to appear. It would bo gross injustice if the fullest latitude in retaining counsel wore not allowed to both parties. The chairman rose to put the question when Councillor Hindmarsh repeated his suggestion I hat the union leaders be asked to state their opinion as to the retaining of counsel. Unless this wero dene ho would have to vote against the motion.

Councillor Fitzgerald also said that if the question was put now, he, with others, would bo compelled to vote against it The Acting-Mayor: Why not put an amendment? Councillor Fitzgerald: Why not ask tho question? Putting the Question. Upon tho Acting-Mayor signifying (.hat he would accept an amendment, Councillor Barber moved that the Towa Clerk make inquiries whether tho parties desired to be Represented by counsel. This motion was carried. What the Town Clerk reported as tho result of the inquiry was that Inspector 1 uller wished to bo represented by counsel, but the union objected, and they wished to state their reasons. Ho suggested that Mr. Sutherland, secretary of the union, be allowed to speak. An Agreement With tho Mayor. Mr. Sutherland was then called in, and invited by the Acliiig-Mayor to state the position of the union in regard to the employment of counsel. -Mr. Sutherland remarked that a stage had been reached when the employees, as a body, appreciated the seriousness of the position. Ju the last interview of'the union representatives with the Mayor (.Mr. Wilford) prior to his going away, it wns agreed that the council should hear the uuiou's ease, and also Mr. Fuller's, and that neither party should employ counsel. It was unnecessary (o have counsel, because this matter did not involve any legal questions.. The charges made against Inspector Fuller were ordinary charges such as were brought up every day, and were heard by the management every day. No legal advice was required in dealing with such; charges. The union took it that the council, in' going into this case, would ■not be guided by facts of law, but would deal with the charges on-their merits. They knew that Mr.' Fuller had taken legal advice on the matter. So had the union, but it had decided to employ no counsel, because it considered it unnecessary. They were prepared to go on with their case, and put tho fa/ds fully before the council in detail. They considered that it was a question between employer and employee, between the council on one side, and Inspector Fuller on the other. It was a question of suitability. They proposed to bring forward a case showing that Inspector Fuller was 'ununited for his position. The Acting-Mayor: I don't think you should go as far as ; that. It is not tho time.

Mr. Sutherland resumed that the union was prepared to give Mr. Fuller an opportunity of disproving tho charges if he could. All that the union wanted to do was to prove to tho council how this matter stood. A Report Denied. Touching another aspect, Mr. Sutherland remarked that a paragraph had appeared in the papers to the effect that if certain things wero not to the liking of the union, certain other things would ba decided upon. It had not been the custom of the union in the past, nor was it now, to prejudge a man. The union was satisfied that tho matter would be \ determined when it put its caso before J tho council. Councillor Shirtcliffo: Is it not a fact I that the union had arranged for Mr: Blair to represent it here to-day? It has been understood outside that both parties were to be represented by counsel," and'l understand that Mr.' Blair was engaged by the union to represent them. Mr. Sutherland stated that Mr. Blair had .not been engaged as counsel for the , ii'.iioii. Mr. Blair was the legal adviser of tha Tramwav Union and of tho federated unions of the Dominion. These bodies went to Mr. Blair for advice upon Labour laws and • other matters, but Mr. Blair had not been engaged as counsel in this case because the union had decided 1 that no counsel should appear. < ' A Character at Stake.. v Inspector Fuller said he had been led 1 to understand by Mr. Hordman that he \ had received a'wire from Mr. Blair in . which tho latter stated that he was repre- ) senttng the union. Possibly' Mr. Blair \ had misunderstood his instructions. So far'as he (Inspector Fuller) was personally concerned,' ho desired to be represented by counsel because liia character was at stake. Inspector Fuller added that tho following lettor from Mr. Sutherland had been delivered at his house that day:— "By the papers, I see that you are engaging counsel. I take the opportunity of notifying: you .that it was part of our asTcement that no lawyers appeared, so' that you will be placed at no disadvantage."

"That letter was left at my houee today, continued Inspector Fuller, "and jmy wife had to pay sixpence on it. I don't j see why I should have to pay that. Mr. Sutherland asked whether there had not been some mistake. He had paid for the delivery of the letter by express messenger. It was not his fault if Mr. luller had been charged for the letter. Councillor M'Kenzie: "All this is quite irrelevant. I want to know what the chargps against Inspector Fuller really are. 1 here arc a" whole lot of thinps here (referring to the h*t o f charges), but no details, and some of them don't contain any accusation at all." Councillor Ciimewn nsked whether MBlnir had refused to represeut the Tramways Union. The Acting-Mayor said Mr. Sutherland had undo a statement that the union had taken Mr. Blair s advice but hud not asked him to represent them at, the inquiry. . ... Councillor Cameron: I have heard rumours. The Actin<rrMayor: Oh, you hear a lot of things outside. An Adjournment Suggested. Councillor Hind marsh: Inasmuch as the Mayor (Mr. Wilford) =enns to havo told the union that no* gonns?l would be allowed, and this council now seems to lie divided on the matter,' I surest that these jirocecdiiiss' should be adjourned until next Tuesday, in order to allow the union to inslrucl counsel or further consider the matter. .. Councillor Fletcher suggested that Councillor Cohen should withdraw his motion in order that another metion miuht be put. Councillor ShirtclifTe: Why withdraw it? Councillor Atkinson remarked that if Councillor Cohen's motion were carried, the union could" employ counsel if thev liked. Councillor Fletcher said that, if the motion were carried, the union would lw placed in the no-jtion of being forced to employ counsel. Suppo.-e (he motion wwo carried, and the union said that they did not wish to employ counsel, what was th« eon Mil to do? Councillor- Alkiu-ou suggested that the I motion should be amended by adding the [words: "i:ubject to the right of either

party to an adjournment for the purpose of instructing coiin-wl." Councillor Cohen agreed to the addition, stating that his idea in moving the motion wan to giro full publicity to tho whole matter, and to give everybody a fair show. What the Mayer Said. Councillor Fletcher asked again what tho position would be if this motion wero. carried, ami the union said they would not omplov counsel. They had already said ho. He had distinctly heard tho -Mayor (Mr. Wilford) s-iiy at the last meeting of tho council that no counsel would he employed. Councillor Atkinson: I don"t caro what the Mayor said. Councillor Hindmarsh reiterated his suggestion that the whole matter should be adjourned until the following Tuesday, without tho motion being put, in order that it might be further considered. Tho position had been sprung on them 'without notice. It tvas apparent that a majority of the council were in favour of counsel being employed. The Acting-Mayor said that he must put the motion. The amended motion was then read. An Allegation Withdrawn, Councillor Shirtcliffe said that there seemed to be a desire on the part of somebody hero to do a gross injustice to an old employee of the council. Was it fair that he. should bo brought here for an inquiry into the position Councillor Fletcher interrupted the speaker by rising to a point ot order. The Acting-Mayor: 1 must rule you both out of order. Councillor Fletcher protested against Councillor Shirtcliffe's remark .about a desire on the part of somebody to do a gross injustice to an old employee. Ho declined to sit down until the remark had been, withdrawn.

The Acting-Mayor intervened with a remark that probably, on second thoughts, Councillor Shirtclilfo would not make the remark.

Councillor Shirtcliffe said ho would withdraw anything he might have said in the nature of a reflection on his fellow councillors. At the same time he desired to say that they had no right, as a council, to preclude Inspector Fuller being represented by counsel if he so desired. The union should have the same 'right, but if the union would not employ counsel ho did not think that should debar Inspector Fuller from employing counsel. Councillor Cohen'9 motion was put, and declared carried on the voices. The Acting-Mayor asked Mr. Sutherland whether the union desired an adjournment in order to consider the position. Mr. Sutherland replied in tho negative. Councillor M'Laren called for a division on the motion. Councillor Fletcher said he did not think anybody had understood what tho motion was. The Acting-Mayor: It has been read twice. On a division the motion was carried by ton voles to three. Following is the division list:— Ayes (ll)).—The Acting-Mayor (Couacillor Smith), and Councillors Atkinson, Barber, Cameron. Cohen, Fitzgerald, Godber. M'Kotme, Shirtcliffe, and Trevor. ?ioes (3).—Councillors Fletcher, Hindmarsh, and M'Laren. Tho Acting-Mayor (to Mr. Sutherland): Is it quito conclusive that you don't require an adjournment? Mr. Sutherland: No; we require no further time. Councillor Hicdmarsh interpolated that these matters wero settled by the executive. The Acting-Mayor: Mr. Sutherland is answering for the union. Councillor Atkinson (to Councillor Hindmarsh) : You are not counsel for the executive. Councillor Hindmarsh: No, of course not. The Decision of the Executive, Mr. Sutherland stated that the decision of the executive, eoruo to some time ago, was that if counsel were to be employed, the union would not go on with Ihe casn that day. The Acting-Mayor: The council has decided that both sides shall bo represented by coiuisol. Mr. Sutherland repeated that the union would not go on that day with counsel on tho opposing side, lie would say exactly what attitude the union would take in regard to employing counsel. He considered that if counsel were to be employed, evidence should bo taken on oath and before a legally constituted body. He failed to see why counsel should be heard before the council. The Acting-Major said that there wero precedents for this. Motion to Adjourn. Councillor Hindmarsh moved that the meeting adjourn until Tuesdav, at 7 0 clock. ' The chairman asked Mr. Sutherland whether that hour would suit the men. Mr. Sutherland said that a serious position would arise if the council tried to force the union, and said that they must appear with counsel. (Loud applause rfmn tne tramway men in the room.) Ihe Acting-Mayor: I don't wish any applause on one side or tho other. This is not the place for it. (To Mr. Sutherland): I was asking whether the hours in the afternoon or the evening will suit your union best. Mr. Sutherland: I think it is unfortunate. The •adjournment will bo unnecessary, because the union will not go on with the case.

The Chairman: How do you know that? Mr. Sutheraud: Because that was the decision of the executive. Thev will not go on with the case if counsel is going to bo employed. : The Chairman: You are not prepared to go on with this caso now? (To tho council): I think it would bo quite fair to *ask tho secretary whether the union are prepared to go on with the case en Tuesday next. Hβ has not answered that question, except to say that he will not go on at all. We ought to know whether tho union will go on with the case. Councillor M'Laren said the motion was that the council adjourn, and this had nothing to do with what the parties desired to do.' He thought the whole business should be adjourned lo allow tho parties, to consider the position. The council had now passed a resolution that the matter would be heard through counsel, and this might stick up the wholo proceedings. The executive of tho union decided on Tuesday last that it would not be represented, and that decision was arrived at in pursuance of an understanding arrived at between the Mayor and the union representatives, who met him in conference. Ho wished councillors to remember that this whole business before tho meeting had arisen on tho initiation of the Mayor. Tho representative of the union had intimated in plain terms that his exeeutivo had arrived at its decision after an understanding with the Mayor. All tho council knew was what Iho Mayor had told them, but one councillor who was present (Councillor Flelcher) had said that he distinctly heard the Mayor say that no counsel was lo appear. Ho submitted it would be wise lo carry the moliou.

That Understanding. Councillor Godber said that.the Mayor might have told the union that no counsel, would be employed, but he certainly did not 101 l the council. He (Councillor Godber) had como to the meeting to act the port of a juryman to deal fairly with both sides, but when a man's fill urn and his character wcce at stake, he should certainly be free to get counsel to defend him. Tho union had nothing to fear in going on with the inquiry if their caso was good. Councillor Fitzgerald thought tho proceedings of the council at the meeting would not do credit to a third-rato debating society. Notwithstanding what the secretary might say, tho union had every right to be consulted on tho matter of whether they would employ counsel. No one could know that I hey would not now decide to employ counsel, and they were entitled to time to instruct counsel. An entirely new aspect had been put upon this case. Councillor Trevor said no one was disposed to hinder the union from employing counsel. Ho was prepared to give them tho time required, but he did not think that if the union decided not to employ counsel, this should preclude Inspector Fuller from having counsel. Ho corlainiy should have the right to make the best of his case. Possibly, if the union were consullrd. (hey would arrive at a different decision. Tim thing would have to bo threshed nut, siml tl'.o iwujt would nossiblv ali'wt one 111:111 for all his life. Certainly ho ought :i-:>l jo be compelled lo labour under n disability. Councillor Cameron >aid the council had done nalliirig to prevent the union

from getting counsel. Mr. Sutherland had said lie wished to givo Inspector Fuller every chance, of clearing himself, and all the councillors said the. .vimo thins. What objection then could the union have tn ins employing a solicitor? It wa.s a, mo-it unfair altitude that Mr. Sutherland was taking up What wa.s tho u?o of adjourning until Tuesday until they wore sun; whether there would be anv business ? Pass it on to the Appeal Board. Councillor ShirlciilTc -aid he would like to- throw out a MiggMiou that the whole ca.so be referred to lliu Appeal Hoard. Alien counsel could bo employed on both sulos, and evidence could be taken mi oath, lie was afraid Unit if the council den If. with the e.v.o the proceedings would be drawn out inlcrininablv. Personally he would ho glad lo bo relieved from Iho responsibility of adjudicating on the cas<\ Mr. Sutlinrhind was prepared to lot the caw go before the Appeal Hoard, but of caursu Injector Fuller would have to be consulted, lie moved as an amendment that the wnoie oivj !->e referred to the Tramway Appeal Hoard. Tho Acting-Mayor, however, declared tho amendment out of order unless both sides agreed, and Councillor Shirtcliffe added to his motion the words, "subject to both sides agreeing." Councillor Godber seconded the motion. It was evident to him, he said, that they would never get any settlement of this trouble in open council. Councillor Hindmarsh contended that Inspector Fuller's case could not be referred to tho Appeal Board unless he had been first dismissed. Wrong All the Time. Councillor Cameron considered that all along tho council had been wrong on this question. II should never have gone past Mr. Kichardson, the .manager. The proposal to refer the question to the Appeal Board was absurd, and ho would never consent to it. Councillor Shirtcliffe, in view of the fact that the caso could not bo referred to the Appeal Board unless Inspector 1 tiller were punished,, asked leavo to withdraw his amendment

Permission was given. Asked by the Acting-Mayor what hour would suit tho union for a future meeting, if one should be arranged, Mr. Sutherland named 7 p.m. The council then agreed, upon the voices, to adjourn until Tuesday next at that hour. Witnesses' Expenses. Before councillors dispersed, Mr. Sutherland asked loavo to state that twenty witnesses were in attendance, and tha't the union had had to go to a certain amount of inconvenience in getting them there. Under ordinary conditions these men would have beeii on duty. Some witnesses had come from Petone, w.hich had entailed further expense. The Mayor (Mr. Wilford) had stated that tho men it was necessary to have at this inquiry would be relieved by tho department. The Acting-Mayor (looking to the back of the chamber): Xot in such numbers? Mr. Sutherland: Oh, no! I mean those who should have been on duty at three o'clock this afternoon. The Actiiifr-Mayor: ] don't think this meeting can take any action in the mm ter. Councillor Barber opined that, as the council was responsible, in a measure, for the adjournment, the citizens should boar the expense. The Acting-Mayor: As against that, the union was not prepared to go ou under the agreement that we had arrived at. . Councillor Fitzgerald remarked that quite a now aspect had been opened up. Tho Acting-Mayor: All this is informal since the meeting has adjourned. We can speak about it, but no action can be taken.

Councillor Fitzgerald said that lie understood that 30 witnesses had been brought by tho union, and their expnusrs should be paid. It was not tho. fault of the union that the inquiry had been adjourned. Ho did not say that.it w.-is the fault of thi> council, but these men— The Acting-Mayor: It is a matter lor the council to deal with. Councillor Fitzgerald: Let us deal with it now. Councillor Cameron raised a point of order, and the Acting-Mayor repeated that the meeting had adjourned. Councillor Fitzgerald said that the council should not be a slave to its own molion. AVould he be given an opportunity of bringing this matter up when the council again met? ..;The. Acting-Mayor said that every..opportunity would bo given to do so.' Councillor Atkinson • pointed out that the list of charges contained no dates, and that some of the items contained i.o definite allegation. They might or might not have a. definite meaning for Inspector Fuller. Inspector Fuller's counsel (Mr. Hfrdman) had suggested that, if the union decided to employ counsel, ho should bo put in communication \rith tho union's counsel, so that the latter might supply details of the charges. It was informally agreed that a ~erbatim report of the evidence should be taken when the inquiry resumed. The council and its audience of tramwaymen then dispersed. Most of the tramwaymen went off in a body, accompanied by their secretary, but others joined groups of councillors who stood for some time about the deors of tho chamber dibcussiug the proceedings of the afternoon. THE UNION'S ATTITUDE.' AN EXECUTIVE MEETING. The exeeutivo of the Tramways Union held a meeting yesterday after tho City Council meeting had adjourned. Mr. I). Dalton, president of the union, was interviewed during the evening, but declined to state what, decision the executive had arrived at. From another source it was gathered, however, that tho union is unlikely to resort to any hostile action on account of the disagreement regarding tho employment of counsel. No meeting of the tramway employees was held last evening, and it was learned, on good authority, that the executive does not propose to call one before next Tuesday, when the inquiry is to be resumed. Tho union, like most others, contains a hot-headed section, but a great number of the members undoubtedly desire to arrive at a peaceable settlement 01 the present difficulties.