The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-04-06
the road it becomes employees of the

! the road it becomes employees Of the
court and subject to its orders.
/ The court contends that the receivers
| have not offered satisfactory proof /
! showing the schedule to be UNI |
reasonable, and it believes the receivers |
made the request ignorantly, as only |
| one is a practical railroad man. The
! court desired an economical admins
| tratiOn, but as to this, wages must
not be below just compensation. The
recommendation of the receivers
/ 10 adopt their schedule cannot be ac-
cepted because it was adopted without
giving the men an opportunity to be
| heard, which is a violation of the
agreement. A specific performance of
| a contract to render personal service
cannot be enforced by injunction, pains
or penalties, or any other means. No
| injunction ordered can make such in
reference any more of contempt than
the law makes it without such order.
After the rendering of the opinion,
the formal orders were made which
lincluded the following amendments to
the rules governing engineers:
mo overtime shall be allowed, I'M
less the time on duty has averaged less
than ten miles per hour, time to be
computed from the time first named to
lleave. Extra short runs not provided
flor in the schedule of runs, all short
runs OF less than 100 miles and no
IONAANi llLiCASC maui vi l4lC GcilllC uciy
100 miles will be allowed, overtime af-
ter ten hours. 1t is expressly under
Istood that grievance committees
authorized to represent engineers shall
ihave access to the proper officials for
the consideration of cases of violation
Iof rules or regulations governing con-
Iditions of employment"
Thurston's Views.
All of the representatives of the men,
when interviewed, expressed great sat
Iisfaction with the decision.
General Attorney ThurstSa, for the re-
ceivers, 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
a great responsibility. 1 think every
body concerned is glad to have the
court take the responsibility, as a re-
Iduction in wages is always necessarily
unpopular with the men and disagree
able to the managers. l had hoped
that if the court found the old schedules
were just and ordered their continu-
ance it would order a restoration of
the pay of all the unorganiZed en-
ployees who were affected by the cut of
September /. If this effort to reduce
the wages of the organized employees
was not justified, and unless all en-
Iployees are to share in the burdens of
the changed conditions, it is manifestly
Employees Resolutions.
The following preamble and resolu-
tons were unanimously adopted by
the general board of adjustment of
the Brotherhood of Locomotive En-
gineers on the Union Pacific system,
in session after court adjourned:
Whereas, an effort has been made
by the management, under the receiv
erS of the Union Pacific system of rail-
-
and to abrogate the rules, regulations
and conditions of employees, of said
system engaged in train and en-
gineer service and to substitute
others therefor, the same having been
sought to be accomplished without
proper notice and without a free and
fair hearing of said employees: and
Whereas, the employees of said sys-
tenn, engaged in said service have
sought to have their objections to such
action on the part of such management
fully and fairly heard and determined
by court having Jurisdiction in the
premises; and
Whereas, By order of Judges Cald-
well and -Sanborn. circuit judges of the
eighth judicial court of the United
States full and fair hearing has been
: accorded said employees at Omaha,
Neb.. Circuit Judge Caldwell and Dis
trict Judge Riner, of the district of
!
10Th day of March, '94, continuing from
, day to day until completed, and
Whereas, After said full and fair
> hearing of all objections made by said
: employees, the said Judges Caldwell
: and Riner have taken the matters pre-
scented at said hearing under advise
= ment and after full consideration have
> made their, order touching said matters
a in said proceedings and the hearings
a hereunder; a new era has been in
f augurated and sovereign remedy
established by precedent for the ad-
Indication of differences between en-
ployer and employee in the manage
! ment of great corporate enterprises,
? and by the order of said judges organ
, lied labor has received complete judi
cial recognition and given a standing
S in one of the highest courts in the
. land for the adjustment of grievances.
: Now, therefore, be it
Resolved, That we, as a general
f board of adjustment, do most heartily
3 approve and concur in the spirit and
interest of the court in their action and
] methods of disposing of such cases,
and pledge ourselves to use all the in
f1uence in our power with all laboring
men directly and indirectly affected,
L to yield a cheerful obedience to the
order rendered and concur in and per-
e petuate the principles thus established;
e be it further
1 Resolved, That these resolutions be
y spread upon the records of said board
;. of adjustment, copy furnished the
Associated Press and a copy taken
e home by members of said board and
: request that they be read in their
E divisions in open session at least once
y every three months and urge upon the
: membership of the brotherhood the
t value of adhering to them. always adj
:, monishing sobriety and Improvement
e of our membership, morally. socially
$ and mechanically"
STILL CLAsHING.