The Washington times., 1894-04-11
JUST WHAT JUDGE
CALDWELL DECIDED.

The proceedings in the complaint of the
employees of the Union Pacific Railroad
against the action of the receivers and Judge
Dundy, United States District Judge, who fol-
lowed the extraordinary decision OF Judge
jenkins, In the Northern Pacific railroad
case, covers so much ground that it is diff
cult to state them within reasonable space,
but very briefly they are these:
For many years there obtained on each OF
those roads (the Northern Pacific and the
Union Pacinc) certain rules and schedules
governing the work and wages to be paid the
employees. These were satisfactory to both
sides. One rule provided that no change
therein should be made without thirty days
notice. When the Union Pacific was put into
the hands OF receivers the court appointed
two New York lawyers, a wealthy Chicago
merchant, an accountant. and the president
OF the road as such receivers.
In January last, without any notice :. the
men, the receivers filed in court petition
setting out reduced schedule Of wages and
a new set of rules to govern the hours of
labor OF the men, and asked the courts ap-
proval of them, and asked. too. for an injunc-
same day, and without notice to the men,
Judge Dundy, following ths example set him
by Judge jenkins, approved the reduction in
wages and adopted the new rules and issued
the injunction the contrary of that.
Now it is an essential and indispensable
requisite to the safe and successful operation
OF road that intelligent, experienced, and
capable men should be employed; fair wages
must be paid them. though no dividends are
paid ON the stock and no interest paid on the
bonds Of such railroad. Good labor is as es-
sential TO the operation of road as is good
oil or good fuel.
Moreover the schedule ond new rules we're
adopted without affording the men or their
representatives an opportunity to be heard.
This was fundamental error. which was one
OF the principal causes Of the complaint
against Judge Jenkins in the Norther Pacific
case Judge Caldwell said:
In answer 10 this objection to their mode of
proceedings, il is said that the order Of the re-
ceivers and the order of the court extended an
new schedules after their adoption. The men
could have small hopes Of fair and impartial
hearing after the receivers had prepared new
schedules behind their backs, which were de-
clared by the receivers and the court to be prima
facie Just and reasonable.
In this case the receivers were the frs. to
break the contract between the court and its
employees, and IL the converse had been the
case the court could not have directed as
prayed for.
This case, following so closely on the heels
of Judge jenkins usurpation OF power,
aroused the public conscience and morgan
lied as well as organized labor throughout the
country. The receivers then appeared before
the United States Circuit Judge for that cir
cult, Judge II. c. Caldwell presiding and
asked that Judge Dundy's outrageous order
should be extended to that portion OF the
Union Pacific system lying in the states of
Colorado and Wyoming. Judge Caldwell
ruled that he would never entertain such a
petition without notice to the men affected.
Notice was given and the hearing took place
at Omaha. and Judge Caldwell annulled the
injunction and decree OF Judge Dundy, in one
OF the most important opinions TO labor that
has been pronounced. 1t throws side lights
upon the decision OF Judge jenkins as well.
although it does not affect the Northern Pa
cihc case directly.
Judge Caldwell decides:
First-That when a court Of equity take possess
sion of railroad, it's supreme duty is to operate
IL efficiently and safely An indispensable requi-
site to that is the employment Of sober and ex-
perienced men. In this case he found that the
men possessed these qualifications.
Second-1hat rules and schedule of wages
which had long been in force before the court
took possession of the road priIna facie,
Just and reasonable That the receivers, in al
leging that the wage schedule was in excess Of
fair ompensation for the men. must prove it
Judge Dundy had held or enioined the men 20
continue in its service The specific perform
ance of a contract TO render personal service
not be enforced by an injunction by pains and
penalties or by any other means, for the breach
of such a contract the only redress the law pro-
: a
period of compulsory personal service, save
punishment for crime, has passed in this coun-
try In this country il is not unlawful
for employees to associate consult and confer To-
gether with a view to maintain or increase their
wages by lawful and peaceful means.
The legality and utility of these organizations
can NO longer be questioned.
SILVER AND RONDS