The Washington times., 1894-04-06
WAGE WORKERS VICTORIOUS
Judge Caldwell's Decision in Favor Of
the Union Pacific Employees.
SCHEDULE OF WAGES UPHELD
It Was the Result Of Agreement Between
Them and Their Employers-They Must
Have Fair Compensation Even Though
Neither Dividend Nor Interest is Paid.

OMAHA, Neb., April 5.-Judge CaldwelIs
decision in the Union Pacific railroad wage
schedule case was rendered to-day. The
United States courtroom was thronged with
railroad men, who listened to the reading of
the opinion.
Judge Caldwell says that when court Of
equity takes upon itself the conduct and oper-
alton of great line Of railroad, the men en-
gagged in conducting the business and operat-
ing the road becomes the employees OF the
court, and are subject to its orders in all mat
ters relating to the discharge of their duties
and entitled to its protection. An essential
and Indispensable requisite to the safe and
successful operation Of the road is the employ
ment of sober, intelligent, experienced, and
capable men for that purpose.
When road comes under the management
of court in which the employees are conceded
to have all these qualifications. and that con-
cession is made in the fullest manner here
the court will not upon lighter trivial grounds
dispense with their services or reduce their
wages. And when the schedule of wages in
force at the time the court assumed the man
agement of the road Is the result OF mutual
"
ployes which has been in force for years. the
court will presume the schedule Is reasonable
and just, and any one disputing that presump-
ton will be required to overthrow it by satis-
factory proof.
This. the court contends, has not been done
by the receivers, although they had all recon-
mended that a cut be made. 1t is the courts
belief that the receivers made the request
ignorantly, as only one of them is practical
railroad man. and their opinions upon the
subject of wage schedules is confessedly of
little value. The court shares in their
anxiety to have an economical administration
of this trust, TO the end that those who own
the property and have liens upon it may get
out of it what is fairly their due.
But to accomplish this desirable result the
wages of the men must not be reduced below
a reasonable and just compensation for their
services. They must be paid fair wages
though no dividends are paid on the stock
and no interest paid on the bonds. There
would seem to be no equity in reducing the
wages OF the employees below what is reason
able and just in order to pay dividends on
stock and interest on bonds Of this character
The recommendation of the receivers to
adopt their schedules cannot be accepted by
the court for another reason. That schedule
was adopted without affording the men or
their representatives any opportunity to be
heard. This was in violation of the agree
ment existing between the company and the
men. by the terms of which no change OF the
schedules was to be made without notice to
the men and granting them hearing.
In conclusion Judge Caldwell says:
I'VE may be indulged in giving expression
to the hope that in future differences about
wages. between courts ana their employees at
least. and we would fain hope between
all employers and employees. resort may be
had TO reason and not to violence. 1t is
reproach TO our civilization that such differ
ences should result. rs they often have re-
suited, in personal violence. loss Of life, de-
struction OF property, loss OF wages to the
men, aud loss of earnings to the employer
and when they occur on great lines of rail-
roads great damage and Inconvenience to
the public.
After the decision had been rendered the
engineers who had been attendingt the confer
ence adopted a series of resolutions thanking
Judge Caldwell for his fairness.
As the opinion proceeded the faces of the
Union Pacific officials heightened while
those of the employees grew roseat as they
saw the drift of the decision and began to
realize what a remarkable victory was in
store for them. At its conclusion the silence
became oppressive. and until Marshal White
declared a recess not movement was made
on the part OF the spectators TO break the
spell. 1t was the dramatic ending of what
has been a most dramatic case.
There was not a phrase, not even a word of
legal verbiage about the important document.
for" Judge Caldwell declared. Il wanted it
to be so plain that even the lowliest man on
the road could understand every word of il"
When Judge Caldwell left the bench the
leading men of both interests shook hands
with the fearless jurist, Mr.. Vrooman thanking
the court for its decision.
mo thanks are necessary, Mr.. Vrooman,"
responded Judge Caldwell. "When a court
does its duty clearly. without fear or favor, it
is not deserving OF any thanks. The path was
well blazed; ali the court had to do was to re-
iterate the principles laid down from the be-
ginning. and that it has sought to do in its
feeble way"
AS to the far-reaching character of the opIn-
ion, the utterance of Attorney George L.
Hodges, who represented the engineers is
most timely: ''It is the greatest judgment
in vindication of the rights OF men pro-
nounced by any court since the historic judg-
ment of Lord Mansfield in the Somerset case"
The opinion continues in force the present
rules and regulations governing the road men
except where the different organizations vol
unfairly agreed to modify the Overtime" fea-
ture of the present schedule 1t modifies the
orders of Judge Dundy. Riner. and Hallett
made in the wage cases. the former ordering
the receivers to put the new rules and reguia-
tions in force, the latter restraining the en-
forcement of the new schedules pending
hearing between the receivers and the men.
1t lays down stringent rules as to intoxiea-
ton on the part OF the employees, who are held
to be servants of the court, and it lays down
new principles of arbitration between the coz
tending forces of wages and capital, being in
direct opposition to the opinion of Judge
jenkins in the Northern Pacific wage matter.
Scholarly and dignified, it exhausts the ques-
tions which have been bitterly fought in many
instances since the century began. and is
complete victory for the toiling masses.