The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-04-06
He Rules that the Receivers Had No
Right to Change Schedules Without
Consulting the Employees.
FAIR WAGES MUST BE PAID
Even if the Road Does Not Earn
Interest or Dividends.
WOrkingmen Can Combine the Same as
Capitalists, and What One May Law
fully Do the Other May.

OMAHA, Neb., April 5.-Organized labor
to-day won its greatest victory when, in
the United States Circuit Court, Judge
Henry c. Caldwell handed down his decis-
ion in the Union Pacific wage schedule
contest. In the long legal opinion this dec
laration Of the court stands out most
prominently:
"A corporation is organized capital; It
is capital consisting of money and prop
erty. Organized labor is organized CAPT.
tai; it is capital consisting of brains and
muscle. What IL Is lawful for one to do
it is lawful for the other to do. 1t is
lawful for the stockholders and officers
15 for the III of emu @x
OF its employees, or OF lewiston of some
other means Of making their investments
iHed labor to associate, consult and confer
with a view to maintain or increase wages
Both act from the Prompting, of enlight, ,,
is lawful when no Illegal means are used
threatened"
The court room was thronged with rail-
road men at the hour set for the render
ing OF the decision. There were a few pre-
liminaries before Judge Caldwell began the
reading. AS the opinion proceeded the
faces Of the Union Pacific officials length
ened. while those of the employees grew
brighter they saw the drift of the
decision and began to realize that a re-
markable victory was in store for them
At its conclusion the silence became op-
pressive and until Marshal White de-
clared recess not a movement was made
on the part of the spectators to break the
SPELL 1t was a dramatic ending to what
has been a dramatic case.
There was not a phrase, not even a
word, Of legal verbiage about the important
document, for" Judge Caldwell declared,
II wanted it to be so plain that even the
'lowliest man on the road could under
stand every word of it." When Judge
Caldwell left the bench the Aading men
of both interests shook hands with the
fearless jurist, Mr.. Vrooman thanking
the court for its decision. 'No 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
we'll blazed; all the court had to do was
to reiterate the principles down from the
Rsg,RPisg and that i has sought to @
Just before court adjourned Judge CAN'T,
of North Platte, attorney for the men,
asked the court TO fix the expense account
OF the men. In view of the fact that there
Judge Caldwell responded, You ought to
be ashamed of yourself to ask the court
to participate in this matter" Then, turn
ing TO the room. he said: Us one OF the
receivers here? No. There is General Man
ager Dickinson, arrange with him as to
expenses which will cover the cost of av-
erage 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 engineers,
is most timely: 1T is the greatest judg-
ment in vindication OF the rights of men
pronounced by any court since the his
toric Judgment of Lord Mansfield in the
Somerset case. The opinion continues in
force the present rules and regulations gov
erning the road, except where the different
organizations voluntarily agreed TO modify
the overtime features of the present
schedules 1t modifies the orders of Judges
Dundy, Riner and Hallett made in the
wage cases, the former ordering the re-
ceivers to put the new rules and regulations
in force, the latter restraining the enforce
ment of the new schedules pending a hear
ing between the receivers and the men. 1t
lays down stringent rules as to intoxication
on the part of the employees, who are held
to be servants Of the court; and IL 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 Union Pacific wage
matter. Scholarly and dignifed, IT eXhausts
the questions which have been bitterly
fought in many instances since the century
began, and is a complete victory for the
rights of the tOiling masses.