The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-04-12

DECISION OF JUDGE.CALDWELL IN
THE WAGE CASE.
He PAYS a Tribute to the Unions and Con
cedes Them Equal Rights With
the Railroads to Make Scale
of Wages.


in the United States circuit court
Judge Henry G. 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; it
is capital consisting of money and
property. Organized labor Is organ
lied capital; it is capital consisting OF
brains and muscle. What it is lawful
for one to do it is lawful for the other
to do. 1t is lawful for the stock hold
ers and officials of corporation to as
sociate and confer together for the
purpose of reducing the wages OF its
employees or for devising some other
means of making their investment
profitable, it is equally lawful for or
gained labor to associate, consult and
confer with view to maintain or in'
crease wages Both act from the
prompting of enlightened seliishness
and the action of both is lawful when
no illegal OF criminal means are used
or threatened
The court room was thrOnged with
railroad men at the hour set for the
rendering of the decision. There We're
few preliminaries before Judge Cald-
well began the reading. AS the Opin-
ion proceeded, he faces of the Union
Pacific officials heightened. while those
of the employees grew roseate as they
saw the drift of the decision, and be-
gan to realize what remarkable VIC
tory was in store for them. AT IT'S
conclusion the silence became oppres-
sive, and until Marshal White ordered
a recess, not movement was made
on the part of the spectators TO break
the spell. 1t was dramatic ending
to dramatic case.
There was not phrase OF legal
verbiage about the important docu'
ment, for Judge Caldwell declared,
81 want it to be so plain that even the
lowiest man on the road could under
stand every word of it, When Judge
Caldwell left the bench, the leading
men of both interests shook hands
with the fearless jurist, Mr. NrOoman
thanking the court for its decision.
mo thanks are necessary, Mr.. NrOo-
man. responded Judge Caldwell.
"When court does its Cuty clearly,
without fear or favor, it is not desery-
ing of any thanks"
Just before court adjourned, Judge
Cont, of North Platte, attorney for
the men, asked the court to fix the ex~
pense account of the men in view OF
the fact that there was difference Of
opinion. Instantly Judge Caldwell
responded: You ought to be ashamed
OF Yourself to ask the court to parts
cipate in the matter. Don't come here
with the statement that you cannot
agree as to expenses. Then turning
to the room, as one of the receivers
here? No. sir; there is General Man
ager Dickinson, you may arrange with
HIM rs to expenses which Will cover
the cost of average living in Omaha,
which can be easily ascertained,
General Manager Dickinson nodded
bis approval
AS to the far reaching character of
the opinion, the utterance of Attorney
George l.. Hodges, who represented
the engineers, is most timely: "lt is
the greatest judgment in vindcatlon
of the rights of men pronounced by
any court since the historic judgment
of Lord Mansfield, in the Somerset
case"
The opinion in force modiiies the
present rules and regulations govern
ing the railroad men, except that the
different organizations agreed to mod
ify the overtime features for the pres
ent schedules. 1t modities the orders
of Judges Dundy, Riner and Hallet,
made III the wage cases, the former
aiding the receivers to put the new
rules in force, the other restraining
the enforcement of the new schedules
pending a hearing between the re-
ceivers and the men, 1t lays down
stringent rules as to intoXication of
the employees who are held to the OBJ
servance of the court. Il lays down
new principles of arbitration between
the contending forces, being in direct
opposition to the opinion of Judge
matter, Scholarly and digniiied, it
eXhausts the questions which have
bitterly foughtin many instances since
the century began, and it is a COM
plete victory for the rights of the toll
ing masses.
Judge Caldwell, with impressive
force, read the opinion of the court, in
which Judge Ryner concurs as follows:
THE relat ion of these to the company
and their rate of wages were deter.
mined in the main by certain written
rules, regulations and schedules, some
of which had been in force for more
than quarter of century, and all of
which had been in force substantially,
as they stand today for period of
eight years and more. These regula-
tiCns and schedules were the result of
free and voluntary conferences held
from time to time, between the man
ayers of the road and the officers and
representatives of several labor organ.
izations representing the men of the
different subdivisions or branches of
service. viz: The Brotherhood of Lo-
connective Engineers, the Brotherhood
of Locomotive Firemen, the Order of
Railway Conductors, the Order of Rail-
road telegraphers, the Union Pacific
Employees ASSOCIATION and the Brother.
of Railway Trainmen. These labor
organizations, like the rules,
regulations and schedules, had become
established in situations on the sys-
Pom, MANI, N-aorS lafcra tho upnpiDf