The record-union., 1894-04-06
UNION PACIFIC WAGE SCALE.
Important Decision Handed Down
by Circuit Judge Caldwell
RULING FAVORING EMPLOYERS OF
THE ROAD.
The Recommendation of the Receivers
to Adopt Their Reduced Schedule
Could Not be Accepted, Because
Adopted Without Giving an Oppor.
tunity to Be Heard.
sracial To the REcoRD-UyIoN.

Special to the RECoRD-UNIoN.
OMAHA, April 5.-Organized labor to-
day won its greatest victory. when, IN
the United States Circuit Court, Judge
Henry Caldwell handed down his de-
cision in the Union Pacific wage scale
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 prop
erty. Organized labor is organized cap
ital, it's capital consisting OF brain and
muscle. What it is lawful for one to do
it is lawful for the other to do. 1t is law
full for the stockholders and officers of a
corporation to associate and confer to-
gether for the purpose of reducing the
wages of its employees, or of devlslng
other means of making their investments
profitable; it is equally lawful for organ
lied labor to associate, consult and con-
fer, with a view to maintain or increase
wages. Both act from the promptlngs OF
enlightened seltishness, and the action OF
both is lawful when no illegal or crimi-
nal means are used or threatened"
The courtroom was thronged with rail-
ing of the decision. There were few pre-
llminaries before Judge Caldwell began
the reading. AS the opinion proceeded
the faces of the Union Pacific officials
lengtheued, while those of the employees
grew roseate as they saw the drift OF the
decision and began to realize what re-
markable victory was III story tor them.
At its conclusion the silence became Op-
pressive, and until Marshal White de-
NOT 7fxr a
on the part of the spectators to break the
spell. 1t was a dramatic ending to what
has been most dramatic case.
There was not phase, not even word
OF legal verbiage, about the important
document, for, as Judge Caldwell de-
clared, Il wanted it so plain that even the
lowest man on the road could understand
every word of it,"
When Judge Caldwell left the bench the
leading men on both sides shook hands
with the fearless jurist, Mr. Nrooman
thanking the court Tor It's decision.
mo thanks are necessary. Mr.. Nroo-
man." responded the Judge. when a
court does its duty without fear or favor.
it is not deserving of any thanks. The
path was well blazed. All the court had
10 do was to reiterate the principles laid
down from the beginning, and that 1t has
sought to do in its feeble way"
Just before court adjourned Judge
Gannt of North Platte, attorney for the
men, asked the court to fix the expense
account of the men, In view OF the TACT
that there were differences of opinion.
Instantly Judge Caldwell responded
'Yo on ought to be ashamed of yourself tC
ask the court to participate in this matter
Don't come here with the statement that
YOU can't agree as to the expenses y
Then, turning to the room, he said: "Is
one of the receivers here? No. There is
General Manager Dickinson. you may ar
range with him as to expenses which will
cover the cost of average living in Omaha
which can be easily ascertained."
General Manager Dickinson nodded his
approval.
AS to the far-reaching character of the
opinion, the utterance OF Attorney George
l.. Hodges, who represented the en-
gineers, is most timely. "It is the great
est judgment in the vindication of the
men pronounced by any court since the
historic judgment of Lord Mansfield III
the Somerset case"
The opinion continues in force the
present rules and regulations governing
the road men, except where the diff
ferent organizations voluntarily agreed
TO modify the Overtime" features of the
present schedules. 1t modified the order:
of Judges Dundy, Riner and Hallet
made in the wage cases, the former order
ing the receivers to put the new rule:
and regulations in force, the latter re-
strainiDg the enforcement of the new
schedules pending hearing between tht
receivers and the men. 1t lays down new
PRINCIPLES of arbitration between The
contending forces of wages and capital
being in direct opposition to the opinion
of Judge Jenkins in the Northern Paciti,
wage matter, and il lays down stringen
rules as to intoxication on the part of the
employees, who are held to be servants o
the court. Scholarly and dignified, it eX-
hausts the questions which have beer
bitterly fought in many instances since
the century began, and is a complete vic
tory for the rights of the toiling masses.
Judge Caldwell, with impressive force
read the opinion of the court, in which
Judge Riner cOncurS. After stating th
facts of the roads coming into the hand
1.-THE receivers, Judge Caldwell says tn
relation Of these men 10 the company anC
the rate of wages were determined mainl,
bv certain written rules, regulations ant
schedules, which were the result OF fre
and voluntary conferences between th
roanaoers of the railroad and representa-
tives of the men in different branches Q
the service. Among the rules ana regu
lations referred 10 was one to the enec
that no change could be made IN the rule
fixing the rate of wages without nfst CIV
ing the labor organizations reasonabl
notice. Judge Caldwell then recltes hoV
tbo racoivers were in court last January
To force q reduction OF wages When al
agreement was reached in the rules, reg
uIations and schedules relating 10 Tran
dispatchers and operators; yet at q con
terence held under the order OF the Cir
cult Judges the position assumed Dy th
receiV Vers in their petition was Iound uh
teuable and was abandoned, ana the rule
and regulations governing the teIegra pH
ers' wages were adopted.
Judge Caldwell then says that when
court OF equity takes upon itself the con
ducting OF the business and the operating
of the road they become employees OF tn
court and subject to its orders. The couI
contends that the receivers have not OF
fered satisfactory proof showing IN
schedule would be unreasonable, and be
leves the receivers made the request ig
norantly, as only one is practical rail
road man. The court desires an econom
ical administration, but 10 do this wage
must not be below just compensation
The recommendation of the receivers I
adopt their schedules cannot be accepted
because adopted without giving the me-
an opportunity to be heard, which is i
yiolation of the agreement. The speciii
,,arformapce OF a contract to render per
Sonal service cannot be enforced by a.
ini,lnction. pain or penalties, or any othe
means. No injunction ordered can max
such interference any more of contemp
than the law makes it without such or
ders.
After the rendering of the opinion th
formal orders were made which includ
the following amendments TO the rule
governing engineers: NO overtlm
sbalI he allowed, unless the time on dut
has averaged less than ten miles pc
hour. to be computed from the time frs
named to leave. Extra short runs, nt
provided for in the schedule OF runs, a
short runs of less than 100 miles ana d