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

the elect tldJ no Change hIOuiu NO
made in the rules and the rate or
wages, without first giving to the laDoi
organizations whose members would
be affected by such charge ~ days
notice, or other reasonable notice
Judge Caldwell then recites how the
receivers went into court last January
to force a reduction of the schedule oil
wages and states all the legal steps
taken down to and including the hear
ing lust ended. The court then says:
"At this conference an agreement was
reached as 10 the rules, regulations
and schedules relating TO the Train dls>
pa chers and operators which nave
been reported to the court and con
firmed. This was one of the most dill
ficult schedules in the whole last 10
adjust and the satisfactory agreement
reached by the conference shows the
great value OF good tempered, calm
and intelligent inquiry in which par
ties are represented and in which both
sides learned perhaps for the first time
the great ground on which the demand
is made by one and resisted by the
other. The receivers had declared to
the court, after a careful consideration
and the consultation with the manage,
ment of the Union Pacific system, that
they were of the opinion that the so,
called rules, regulations and
schedules of pay for train dig
patchers and operators were entirely
unnecessary. And yet at the confer
ence held under the order of the cir
cult Judge the position assumed by
the receivers in their petition to the
court was found to be untenable and
was abandoned, and rules and regula-
lions governing telegrapher's wages
we're adopted"
Judge Caldwell then goes on to say:
when a court of equity takes upon
itself the conduct and operation OF a
great line of railway the men engaged
in conducting and operating the road
become employees of jhe court and are
to its orders in all matters
relating to the discharge of their du.
ties, and are entitled to its protection.
An essential and iDdisputable reauisite
to the safe and successful operation of
the road is the employment of sober,
intelligent, experienced and capable
men for that purpose When road
came under the management of a
court in which the employees are con
coded to have all these qualifications,
and that concession is made
in the fullest manner, the re
ceivers cannot dispense with their
service or reduce their wages. And
when the schedule of wages in force
at the TINE the court assumes the
of the road, is those of
mutual agreement between the COM
pany and the employees which has
been il force for years, the court will |
presume the schedule is recognizable |
and just, and anyone disputing that
will be required to over
throw it by satisfactory proof. This,
the court contends, has not been done |
by the receivers, although they all |
that cut be made. 1t |
is the courts belief that the receivers
made the request ignorantly, as no
one of them is practical railroad |
man, and their opinions upon the sub
iect of wag schedules is confessedly of
little value.
1.-The court shares in their anxiety
to have an economical administration
of their trust to the end that those |
that own the property and have liens
upon it may get out of it what is |
airly their due. But to accomplish |
this desirable result, the wages of the
men must be reduced below a
and just compensation
Tor their services. They must be paid |
fair wages, though no dividends are
paid on the stock and no interest on
the bonds. 1t is part of the public
history of the country of which this
court will take judicial notice that for
the first $50, 600 900 of stock issued this |
received less than 20 cents ON
the dollar. There would seem to be
equity in reducing the wages of EN-.
ployes below what is reasonable and |
Just in order to pay dividends on stock |
and interest on bonds of this charac~
ter,
The reason for the receivers to
adopt their schedules cannot be ac.
lepted 10y the court for another reason
The schedules were adopted without |
TO the men or their represent
tatives any opportunity to be heard, !
This was in violation of the agreement |
existing between the company and the
men by the terms of which no change |
Of schedules was to be made |
notice to the men
and granting hearing. This
was fundamental error. The receivers
were the first to break the contract |
between the court and its employees,
but if The reverse had been the case,
the court could not have directed the |
men to continue in its service.
Specific performance of contract
to render personal service cannot be
enforced by injunctions, by pains and
penalties, or by any other means. The
period OF compulsory personal service
as punishment for crime has passed
in this country. In this country it is
not unlawful for employees to asso-
riate or consult together with a view
Of determining or increasing their
wages by lawful and peaceful means
any more than it was unlawful for the
receivers to counsel and confer to-
gether for the purpose of reducing
their wages. A corporation is organ
lied capital, organized labor is organ.
zed capital; what is lawful for one to
10 is lawful for the other.
"A system of rules and regulations
by which the company has been able
TO take into its service, in some in
the class of men who have
before the court at this hear.
ing is certainly commendable and |
meets the entire apnrOyal of this pCI1rt |