The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-04-06

necessary. Ana Yet at the conference nclu
under the order OF the Circuit judges the
position assumed by the receivers in their
petition to the court was found TO be un-
tenable, and was abandoned, and rules and
regulations governing telegrapherS' wages
adopted"
Judge Caldwell then goes on TO say that
when a court of equity takes upon itself
the conduct and operation of great line OF
railroad the men engaged in conducting the
BUSINESS and operating the road become the
employees of the court. and are subject to its
orders in all matters relating to the dis
charge Of their duties, and are entitled to
its protection Continuing, he says:
"An essential and indispensable requisite
TO the safe and successful operation OF the
road is the employment OF sober, inteill-
gent, experienced and capable men for that
purpose When road comes under the
management Of a court in which the en-
ployeS are conceded to possess all these
qualifications, and that concession is made
in the fullest manner here, the court VIII
not upon light or trivial grounds dispense
with their services or reduce their wages.
And when the schedule or wages in force
at the time the court assumes the manage
ment of the road is the result of a mutual
agreement between the company and the
employees which has been in force for years
the court will presume the schedule is rea-
sonable and just, and anyone disputing that
presumption will be required to overthrow
ii by satisfactory proof. This the court
contends has not been done by the receiv-
ers, although they had all recommended
that cut be made. 1t is the courts belief
that the receivers made the request 1g-
norantly, as only one of them is a practical
railroad man, and their opinion upon the
subject of wages schedules is confessedly
of little value.
MUST BE PAID FAIR WAGES.
1.-THE court shares in their anxiety to
have an economical administration OF this
trust. to the end that those that own the
property and have liens upon 1T may get
out of ii what Is fairly their due. To fair
Iy accomplish this desirable result the
wages Of the men must not be reduced
below a reasonable and just compensation
for their services. They must be paid fair
wages. though no dividends are paid the
stock and interest paid on the bonds.
1t Is q part of the public history OF the
Gonnry notice Of wheh s fa the Se court rz wi
of stock issued this company received less
than cents the dollar, and the profit
ing bond bonds was was sis s29, ,S2S.54. There would
seem to be no equity In reducing the wages
and just In order TO pay dividends on stock
and interest on bonds of this character.
THE Recommendation of the receivers to
adopt their schedule cannot be accepted
by the court for another reason. That
schedule was adopted without affording to
portunity to be heard. This was in viola
ton of the agreement existing between the
company and the men. by the terms of
which no change of the schedules was to
be made without notice to the men and
granting a hearing. This was a funda-
mental error. The receivers were 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
or enioined the men to continue in its
Specific performance of contract to
render personal service cannot be enforced
by Injunction, by pains and penalties or by
nf her Nhe2 n Rnrl1T N Il
sorry personal service, save as q punish
ment for crime, has passed in this coun-
try. In this country II Is not unlawful for
employees TO associate, consult and confer
together with a view to maintain in
crease 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 organized capi-
tai; organized labor is organized capital
What is lawful for one to do is lawful for
the other.
"A system of rules and regulations by
which the company has been able to bring
into its service and retain for twenty-five
years. in some instances, the class of men
who have appeared before the court at
this hearing Is certainly commendable and
meets the entire approval of this court.
In the opinion OF the court the allow
are just and equitable. The employees, un-
der the present system, share the burdens
OF diminished business.
when property is in the custody of re-
ceivers the law declares it to be a con-
tempt of the court appointing them for any
person TO interfere with the property or
with the men in their employ. No injunc-
ton order make such unlawful inter
ference any more of contempt than the
law makes it without such order. Such or
derS have an injurious tendency because
they tend to create the impression among
men that 1t is not an offense to interfere
with property in possession of receivers or
with the men in their employ unless they
have been especially enjoined from so do
ing This is a dangerous deuson To the
extent that a special injunction can go in
this class Of cases the law itself imposes
an Injunction. For this reason no injunc-
tional order will be entered
In conclusion Judge Caldwell says: I'VE
may be indulged in giving expression to
the hope that in future differences about
wages between courts and their employees
at least, and we would fain hope between
all employers and employees, resort may be
had to reason and not TO passion; to the
law and not to violence; to the courts and
not TO a strike. 1t is reproach to our
civilization that such differences should re-
suit, they often have, in personal vio-
lence. loss OF life, destruction of property,
loss of wages TO the men and loss of earn
ings to the employer. and, when they occur
on great lines of railroads, great 'damag
and inconvenience to the public