The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-10-11
Judge WOOlsOn Decides on Wa
bash Receivers Petition.
The Men Are Getting Too Low
Wages Now.
ROAD NEEDS GOOD MEN.
Men Can't Give Good Service if
Pinched by Want.
Court Therefore Denies Petition
to Reduce Wages.

COUNCIL. BLUFFS Ia, Oct lin the
United States circuit court this morning
Judge Woolson handed down a decision
in regard to the petition made last May
by the receiver, J. E. Barnard, asking for
permission to reduce the wages of the
employees of the Omaha & ST Louis
wv Wabash) railway, in accordance with a
schedule drawn up by him. The en-
ployes whose wages were to be affected
filed a protest, and L. w. Ross was
appointed master ia chancery to hear
evidence on both sides and render
opinion the facts involved He heard
mended that the schedule proposed by
the receiver be cOncurred in.
Evidence was heard by Judge Woo1son
at the term just closed. In his decision
read just before the noon adjournment
he recites the doctrine laid down in the
recent decision of Judge Caldwell that.
8 he employees must be paid fair
wages even though no dividends may
be paid, and holds that this rule
must govern, always keeping in mind
the general rule that a court must turn
the road out of the hands of the receiver
just as soon as such thing can be safely
done.
comparison between the wages paid
on the Omaha & St Louis and those on
other roads running through the same
kind Of country follows. the result of
which is to show that the former are not
in excess of the latter, excepting in two
branches of the service The court then
says IN substance:
's1he receivers show that a large mum
ber of railroad men are now out Of en-
pioyment. 50 that the places could be
filled for less money. The court cannot
regard this as having much weight
The retention of faithful, In
telligent and capable employees
decrease in earnings and the court would
not be justified in discharging satisfac-
tory EN- ployes because of present ability
to employ others at reduced wages, thus
perhaps rendering the road liable to
cidents for which the court would be
legally and morally responsible IF the
wages are greater than on other roads
running through the same country, the
reasons for d reduction should indeed be
weighty. The evidence shows that some
employees are hardly able to main
tain their families on the present wages.
The highest and best service cannot be
expected from men compelled to live in
a state of pinch and want
sThe receiver has administered his
trust with ability and economy but the
court cannot concur in the reduction he
proposes. The facts as found by the
master in chancery are fully warranted
by the evidence. but decision must be
governed by the principles of law above
laid down.
sit is conceded by the employees that
the rate of local freight engine men
and trainmen on this road are greater
than on other lines with which
com Darison has been made and their
wages should accordingly be reduced.
The proposed reduction however, is not
a proper one. The receiver suggests
that The wages of local frvight engine
men be reduced from five cents to four
cents per mile and those of local firemen
be reduced from q per mile to 214 cents.
The court orders that the reduction be
on engineers to ~ cents per mile and
on firemen to 24 cents per mile.
THE petition of the receiver will be
overruled excepting as to these two par
ticulars.0