The morning call., 1894-04-06

contends that the three receivers have not
oHered satisfactory proof showing the
present schedule to be unreasonable and
oeheVeS that the receivers made the
request lgnorantly as only one of them is a
practical railroad man. The court desired
an economical administration, but to do
TINS wages must not be below just COM
pensatlOn. The recommendation of the
receivers to adopt their schedule cannot be
accepted, because it was adopted without
giving the men an opportunity to be heard,
which is a violat ion of the agreement ex-
listing. Specific performance of a contract
to render personal service cannot be en-
forced by Injunction. pain or penalties or
any other means. No Injunction ordered
can make such interference any more of
contempt than The law makes it without
such orders.
After the rendering of the opinion the
formal orders were made which included
the following amendments to the rules
governing engineers:
No overtime shall be allowed unless the
time on duty has averaged less than ten
miles per hour, time to be computed from
the time first named to leave. For extra
short runs not provided for in the sched-
ule Of runs. all short runs of less than 100
miles and no other mileage made on the
same day. 100 miles will be allowed with
overtime after ten hours. 1t is expressly
understood that grievance committees
authorized to represent engineers shall
have access 10 the proper officials for the
consideration of cases of violation of rules
or regulations governing conditions of en-
plOyment.
All of the representatives of the men
when interviewed expressed great satisfac-
ton with the decision. Attorney Thur
sion, for the receivers, was asked what he
had to say in regard to the opinion of the
court and said: THE decision relieves the
receivers and managers OF the road of
great responsibility. l think everybody
concerned is glad to have the court take
the responsibility, as a reduction in wages
is always necessarily unpopular With the
men and disagreeable to the managers. /
had hoped that If the court found the old
schedules were just and ordered their con-
tinuance it would order a restoration of
the pay Of all the un0rganiZed employees
who we're affected by the cut of Septem-
ber l. IL this effort to reduce the wages
of the organized employees was not justi-
fed, and unless all employees are TO share
in the burdens OF the changed conditions,
it is manifestly unjust to make any one
class do so."
The following preamble and resolutions
were unanimously adopted by the board of
adjustm ent of the Brotherhood of Locomo-
tive Engineers on the Union Pacific system
alter court adjourned:
WHEREAS, An effort has been made by the
management, under the receivers of the Union
Pacific system of railways. to reduce the sched-
ules of pay and TO abrogate the rules, regula-
tious ana conditions OF mployes, Ihe employees
of said system engaged in train and'enginerr
service and to substitute others therefor the
same having been sought to be accomplished
without proper notice and without free and
fair hearing of said employees; and whereas,
the employees OF said system, engaged In said
service, have sought 10 have their objections TO
such action on the part Of such management
fully and fairly heard and determined by a
court having jurisdiction In the premises; and
whereas. by order of judges Caldwell and San
born, CiEcuit Judges OF the Eighth Judicial
Court OF the United States, full and fair hear
ing has been accorded said employees at Oman
Nebr, Circuit Judge Caldwell and District
Judge Riner OF the District Of Wyoming sitting,
commencing on the 29th day of March. 1894,
and continuing from day to day until COM
Dleted; and wher as, after said fun and fair
hearing Of all the objections made by said em.
plOyeS the said Judges Caldwell and Riner have
taken the matters presented at said hearing
under advisement, and after full consideration
have made their ordrr touching said matters In
said proceedings and the hearings thereunder,
a new era has been inauguraled and sovereign
remedy established by precedent for the adju-
dicaiOn OF differences between employer and
employe in the management of great corporate
enterprises and by the order OF SAID Judges
organized labor has received complete judicial
recognition and given a standing in one Of the
highest courts In the land for the adjustment OF
grlevan ces; now therefore be 1t
Resolved, That we, as general board Of ad-
justment, do most heartily approve and concur
ID the spirit and interest Of the court in their
action and methods OF disposiDg of such cases,
and pledge ourselves 10 use all the influence In
our power with all laboringmen. directly and
indirectly affected, to yield a cheerful obedi-
ence 10 The order rendered and concur in and
perpeuate the principles thus established; be
IL further
Resolved, That these resolutions be spread
upon the records OF said board OF adjustment,
copy furnished the Associated Press and copy
taken home by members of said board, and re-
quest that they be read in their divisions in
open session at least every three months, and
urge upon the membership of the brotherhood
the value of adberiDg TO them, always admOn-
iShing sObrety and the Improvement OF our
membership. morally, socially and meehan-
ically.