The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-04-06
VICTORY FOR LABOR.
Important Action in the Union
Pacific Wage Controversy.
UNIONS HAVE A LEGAL STANDING

The Decision Of Judge Caldwell, Of the
United States Circuit Court, at Omaha,
Is Entirely Opposite TO That Rendered
by Judge Jenkins.
OMAHA, Neb., April 6-Qrganized labor
yesterday won its greatest victory when,
In the United States circuit court, Judge
Henry Caldwell handed down his decision
In the Union Pacific wage schedule con-
test. In the legal opinion this declaration
Of the court stands out most prominently;
"a corporation is organized capital; tits
capital consisting of money and property.
Organised labor is organized capital; il is
capital consisting of brains and muscle.
What it is lawful for one to do it is lawful
for the other TO do. It is lawful for the
stock holders and officers of a corporation
60 associate and confer together for the
purpose of reducing the wages of its EN-
ployes, or of devising of some other means
of making their investments profitable,
and IL is entirely lawful for organized
labor to associate, consult and confer with
view to maintain or increase wages,
Both act from the prompting of enlight-
ened selhshness, and the action of both is
| lawful when no illegal OF criminal means
are used or threatened"
! Judge Caldwell then goes on to say that
when n 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 be-
come the employees of the court and are
/ subject TO its orders in all matters relating
! to the discharge of their duties and en-
titled to its protection. An essential and
indispensable requisite TO the safe and
successful operation of the road is the em-
plovment of sober, intelligent, experienced
and capable men for that purpose.
The opinion proceeds: when q road
comes under the management of a court
| in which the employees are conceded to pos
! sess all these qualifications tie court will
not upon light or trivial grounds dispense
! with their services or reduce their wages.
And when the schedule or wages i'm 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 reasonable and just, and any one dis
putting that presumption will be required
to overthrow it by satisfactory proof. This,
the court contends, has not been done by
the receivers, although they had all recon-
mended that a cut be made. 1t is the
courts belief that the receivers made the
request ignorantly, rs only one of them is
a practical railroad man, and their opin-
ions upon the subject of wage schedules
is confessedly of little value.
"There would seem to be no equity in
reducing the wages of the employees below
what is reasonable and just in order to
pay dividends on stock and interest on
.I,.ts s.fN .
ceivers to adopt their schedules cannot be
accepted by the court for another reason.
That schedule was adopted without af
fording to the men or their representatives
any opportunity to be heard. This was in
violation of the agreement existing be-
tween the company and the men.
"The receivers were the first to break the
contract between the court and its em-
ployes, but if the reverse had been the case
the court could not have directed or en-
Joined the men to continue in its service.
Specific performance of a contract to rem
der personal service cannot be enforced by
injunction, by pains and penalties, or by
any other means. The period of compul-
sorry personal service, save as q punish
ment for crime has passed in this country
The opinion continues in force the pres
ent rules and regulations governing the
road men, except where the different or
ganizations voluntarily agreed to modify
the Overtime" features of the present
schedules 1t modifes the orders of Judges
Dundy, Riuer and Hallett made in the
wage cases, the former ordering the re-
ceivers to put the new rules and regula-
I tions in force, the latter restraining the
( enforcement Of the new schedules pending
! hearing between the receivers and the
men.
The opinion lays down stringent rules
as TO intoxication on the part of the EN-.
ployes, who are held to be servants of the
court, and it lays down new principles OF
arbitration between the contending forces
of wages and capital, being in direct op
position to the opinion of Judge jenkins
= in the Northern 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 comp lete victory for the rights Of
the toiling masses.
Judge Caldwell, with impressive force
read the opinion of the court in which
Judge Rlner concurs.
After the rendering of the opinion thu
formal orders were made, which included
the following amendments to the rule
governing engineers:
mo overtime shall be allowed unless
the time on duty has averaged less than
ten miles per hour. In extra runs mo-
provided for in the schedule and all shor
runs of less than 100 miles, with no othe
mileage made on the same day, 100 mile
| will be allowed, with overtime after tel
hours.
at is expressly understood that griev
ance committees authorized to represen