The morning call., 1894-04-06
RIGHTS OF LABOR.
Judge Caldwell as a Law
GiVer.
ALL WHO WORK AFFECTED.
One of the Important Decisions
of the Day.
UNION PACIFIC MEN REJOICE.
The Judgment of the Court Goes to
the Rights of Labor Organ
iZations.
Ii WHO WORK AFFECTED.
UNION PACIFIC MEN REJOICE.

OMAHA, April 5.-Organized labor to-
day won its greatest victory, when, in the
United States Circuit Court Judge Henry
c. Caldwell handed down his decision in
the Union Pacific wage schedule contest.
In the long legal opinion, this declaration
of the court stands out most prominently
"a corporation is organized capital; 1t is
capital consisting Of money and property.
Organized labor Is organized capital. its
capital consisting of brains ana muscle.
What it is lawful for one to do is lawful
for the other to do. 1t is lawful for the
stockholders and officers of a corporation
to associate and confer together for the
purpose of reducing the wages of its en-
pIoyes, or of devising other means of max
ing their investments profit able. 1t is
equally lawful for organized labor to ass0-
ciate, consult and confer with view to
maintain or increase wages. Both act
from the promptings of enlightened sell
fishness, and the action of beth is lawful
when no illegal or criminal means are
used or threatened"
The court was thronged with railroad
men at the hour set for the rendering Of
the decision. There were few pTelimi-
naries before Judge Caldwell began the
reading AS the opinion proceeded the
faces of the Union Pacific officials length
ened while those of the employees grew
roseate as they saw the drift of the de-
cision and began to realize what a remark
able victory was in store for them. At its
conclusion the silence became oppressive.
and, until Marshal White declared re-
cess, not a movement was made on the
part of the spectators to break the spell.
1t was a dramatic ending to what has been
o most dramatic case.
There was not phrase, not even word
of legal verbiage about The important
document. Il want it to be so plain that
even the lowest man on the road can IN
derstand every word of it," Judge Cald-
well declared.
When Judge Caldwell left the bench the
leading men of both sides shook hands
with the fearless jurist. Mr.. VroOman
thanking the court for its decision.
mo thanks are necessary. Mr.. Vroo-
man." responded the Judge. when
court does its duty without fear or favor
it is not deserving of any thanks. The
path was we'll blazed. All the court had
TO do was to reiterate the principles laid
down from the beginning, and that it has
sought to do in its feeble way"
Just before court adjourned, Judge
CAN'T of North Platte, attorney for tte
men, asked the court to fix the expense
account for the men, in view of the fact
that there were differences of opinion.
Instantly Judge Caldwell responded:
You ought to be ashamed of yourself
to ask the court to participate in this mat
ter. DON'T come here with the statement
that you can't agree as to the expenses"
Then, turning 10 the room, rs one of the
receivers here? No-there is Gen.
eral Manager Dickinson. You may ar
range with him as to expenses which will
cove the cost of average living in Omaha.
which can be easily ascertained." Gen
eral Manager Dickinson nodded his ap-
prevail
AS to the far-reaching character of the
opinion, the u?terance of Attorney George
l. Hodges, who represented the engineers,
is most timely: at is the greatest judg-
ment in vindcation of the rights of men
pronounced by any court since the his
torlc judgment Of Lord Mansfield in the
Somerset case"
The opinion continues in force the
the rOadmeD, except where the different
organizations have voluntarily agreed to
modify the Overtime" features of the
present schedules. 1t modiies the orders
of Judges Dundy, Rner and Hallett made
in the wage cases. the former ordering the
receivers to put the new rules and Tegula-
tions in force, and the latter restraining
the enforcement of the new schedule pend
ing a hearing between the receivers and
the men. 1t lays down new principles of
arbitration between The contendng forces
of wages and capital, being IN direct 0ppo-
sition to the opinion Of Judge Jenkins in
the Northern Pacific wage matter, and it
lays down stringent rules as to intO1ica-
tion on the part of the employees. who are
held to be servants of the court. Sehol-
arly and dignifed. it exhausts the aes-
tions which have been bitterly fought in
many instances since the century began
and is a complete victory for the rights OF
the toillng masses.
Judge Caldwell. with impressive force,
read the opinion Of the court in which
Judge Riner concurs.
After stating the facts of the road COM
ing into the hands of the receivers, Judge
Caldwell says the relation If these men to
the company and the rate of wages deter
mined should be mainly by certain written
rules, regulations and schedules which
were the result of free and voluntary con-
terences between the managers of the
railroad and representatives of the men in
different branches of the service. Among
the rules and regulations referred to was
one to the effect that no change should be
made in the rate If wages without first
giving the labor organizations reasonable
notice.
Judge Caldwell then reeites how the re-
ceiyers were in court last January TO force
a reduction Of wages, when an agreement
was reached as to rules. regulations and
schedules relating to train dispatchers and
operators; yet at a conference heldgunder
the order of the Circuit Judges the posi-
tion assumed by the receivers in the petit
ton was found untenable and was aban-
doned, and the present rules and regua
tlons governing telegraphers' wages were
adopted.
Judge Caldwell then says that when
court of equity takes upon itself the con-
ducting of the business of operating rail-
soad the men become employees Of the