The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1894-04-06
FAVORS THE MEN.
Decision of Judge Caldwell In the
Union Pacific Schedule Cases
Rendered.
The Opinion Upholds the Position of
the Men in Every Par
ticular.
The Courtroom Crowded During Its
Deliyery-SynopsiS Ofthe
Decision.

MGCAoAQA AA LAG 1hAVA - @L4&N WhkV
schedule has been rendered. III was a
complete victory for the employees.
The United States courtroom was
thronged with railroad men, who lis
tened intently 10 the reading OF the
opinion, which was very lengthy, COM
prising over 400 words. After stating
the fact of the road coming into the
hands Of the receivers, Judge Caldwell
says: n,
The relation OF these men to the COM
pany and the 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 a quarter of q century, and all Of
which has been in force substantially
as they stand now, for a period Of eight
years of more. These rules, regulations
and schedules were the result Of free
and voluntary conferences, held from
time to time between the managers of
the railroads and the officess and repre-
~sentatives OF the several labor organiza-
tons representing the men in the differ
ent subdivisions or branches of the ser
vice.
These labor organizations. like the
rules, regulations AMI schedules had be.
come established institutions on the
system, many years before the appoint
ment of the receivers. Two of the ablest
managers ever in the service OF this
system, and probably as able as any
this country ever produced, Mr.. s. Fl.
I'll. Clark and Nj. Edward Dickinson,
now general manager of the road, testify
that these labor organizations on this
system had improved the morals and
efficiency of the men, and had rendered
valuable aid to the company In perfect
ing and putting into force
the rules and regulations governing the
operation Of the Union Pacific railway,
which, confessedly, have made it one of
the best managed and conditioned roads
in the country.
Judge Caldwell then recites how the
receivers went into court last January
to force q reduction on the schedule of
wages, and states all the legal steps
taken down to and including the hear
ing just ended.
Entaeled 60 Protection
Judge Caldwell then goes on 10 say
that when q court Of equity takes upon
itself the conduct and operation Of a
great line OF railroad, tbs men engaged
in conducting the business and Operat-
ing the road become the employees Of the
court and are subject 10 lts orders In all
matters relating to the discharge of
their duties and entitled TO its protec-
ton.
An essential and indispensable requi-
site to the safe and successful operation
Of the road is the employment of sober,
intelligent, experienced and capable
men for that purpose. When q road il
under the management Of q court, In
which the employees are conceded to
possess all these qualifications-and that
concession Is made in the fullest man
ner here-the court will not upon light
o. trivial grounds dispense with their
services or reduce their wages.
Dividends . Minor C~onsideratton. 1
They must be paid fair wages though
no divideds are paid on the stock and no
interest paid on the bonds. It is a part
of the public history of the country, Of
which the court will take judicial no
tice. that for the first $36. 600, 900 of stock
issued, this company received less than
two cents on tho dollar, and the profit OF
construction represented by outstand-
ing bonds was $43, 929, 32S. "a.
There would seem to be no equity in
reducing the wages of the employees be-
low what is reasonable and just in or
der to pay dividends ON stock and in
terest ON bonds OF this character.
As Co EnJoining the Men.
The receivers were the first to break
the contract between the court and ltd
employees, but il the had been
the case, the court could not have .di.
rected or enjoined the men to continue
i'm its service. Specific performance Of
a contract to render personal service
cannot be enforced by injunction, by
pains and penalties, or by any other
means. The period of compulsory per.
sonal service save as q punishment for
crime. has passed in this country; it il
not unlawful for employees to associate,
consult and confer together with a view
to maintaining or increase their wages by
lawful and peaceful means, more thar
IL was unlawful for the receivers q
counsel and confer together for the pur.
pose Of reducing their wages.
A corporation 10 organized capital
organized labor il organized capital
what ID lawful for one to do is Lawful
for the other to do. al system of rule,
and regulations by which the compan1
has been able to bring into its seryics
and retain for IS years, in some In
stances, the class of men who have an
peared before the court at this hearing
il certainly c~ommendable and meets til.
entire approval of this court.
No Injunction Necessary.
When property Is In the custody o
receivers. the law declares it to be
contempt OF court appointing them fo
any person to interfere with the pro
perty or with the men in their vocation
No Injunction or order can make sucl
unlawful interference any more of
contempt than the law makes 1t with
out such order. Such orders have an In
iurinas tendency. bacause fhe1 fan,