The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-04-06
THE WORKMEN WIN.
Judge Caldwell Refuses to Cut
Union Pacific Wages.
TRIUMPH FOR LABOR UNIONS.
The Dseistoa Mest sweepfng-Is Rseog-
sizes Workmen's Organisations and
Essabiishes important Preeedsats.


States circuit court. Judge Henry c. Cald-
well handed down his decision in the
Union Pacific wages schedule contest In
the long legal opinion this declaration of
the court stands out most prominently:
"A corporation 10 organized capital. its
capita. consisting of money and property
Organized labor is organized capital, It's
capital consisting of brains and muscle.
What - lawful for one 10 do is lawful for
the ether TO do it Is lawful for he stock
holders and officers of corporation to
associate and confer together for the pur-
pose of reducing the wages OF its EN-
ployes. or Of deyis!ng other means OF
making their investments profitable: il is
equally lawful for organized labor 20 as
socio:e, consult and confer with view 20
maintain or increase wages Both act from
the promptings OF enlightened Sc fishness.
and the action of both is lawful when no
Illegal or criminal means are used or
threatened"
The court room was thronged with rail-
road men at the hour set for the rendering
OF the decision. There were few preiimi-
naries before Judge Caldwell began the
reading. As the opinion proceeded the faces
OF the Union Pacific officials heightened.
while those Of the employees grew roseats
as they saw the drift OF the decision and
began to realize what . remarkable victory
was in store for them. At its conclusion
the silence became oppressive. and until
Marshal White declared q recess not q
movement was made on the par. of the
spectators to break the spell. II was q
dramatic ending TO what has been . most
dramatic case
There was not phrase. not even a word
OF legal verbiage about the important
document, For. Judge Cald we'll declared.
81 wanted it to be so plain that even the
lowest man on the road could understand
every word of IT," When Judge Caldwell
left the bench the leading men of both
sides shook hands with the fearless jurist,
Mr.. Frooman thanking the court for IT'S
decision. mo thanks are necessary. Mr.
Vrooman." responded the judge. when
a court doee its duty without fear or favor it
is not deserving Of any thanks. The path
was we'll biaxed. All the court had to do
was to reiterate the principles laid down
from the beginning. and that it sought to
do in its feeble way"
Just before the court adjourned Judge
CAN'T. Of North Platte. attorney for the
men, asked the court to fl the expense ac-
count for the men. in view of the fact that
stantly Judge Caldwell responded: "You
ought to be ashamed Of yourself to ask
the court TO participate in this matter
Don't come here with the statement that
you cannot agree as to the expenses"
Then. turning to the room. sis one of the
receivers here? No. no; there is General
Manager Dickinson. You may arrange
with him as to expenses which will cover
the cost of average living in Omaha. which
can be easily ascertained." General Man
ager Dickinson nodded his approval.
As to the far-reaching character Of the
opinion, the utterance of Attorney George
l.. Hodges, who represented the engineers.
is most timely: at Is the greatest judg-
ment in vindication of the rights OF men
pronounced by anv court since the historic
judgment of Lord Mansfield in the Som
-rset case. The opinion continues
In force the present rules and
regulations governing the railroad men,
except where the different organizations
voluntarily agreed to modify the over
time features of the present schedules.
1t modifies the orders of Judges Dundy.
Reiner and Hallett made in the wage
cases. the former ordering the receivers
TO put the new rules and regulations in
force, the latter restraining the enforce
ment of the new schedules pending q hear
ing OF the receivers and men. Itlays
down new principles of arbitration be.
tween the contending forces of wages and
capital. being in direct opposition TO the
opinion Of Judge Jenkins in the Northern
Pacific wage matter. and il LAYS down
stringent rules as to intoxication on the
part OF the employees. who are held to be
servants of the court. Scholarly and dig
nihed, 1t exhausts the questions which
have been bitterly fought in MANY in
stances since the century began. and is a
complete victory for the rights of the toll
ing masses"
Judge Caldwell. with impressive force.
read the opinion OF the court, in which
Judge Eeiner concurs. After. stating the
facts OF the roads coming into the hands
OF receiver. Judge Caldwell saws the re-
iaiion OF these men to the company and
the rate OF wages is determined mainly by
certain written rules, regulations ana
schedules. which were the result OF free
and voluntary conferences between the
managers of the railroad and representa-.
tlves OF the men in the different branches
OF the service. Among the rules and
regulations referred to WAS one to the
effect that no change shall be made i'm the
rules or rate OF wages without frs, giving
the labor organizations reasonable notice
Judge Caldwell then recites how the 70
ce'vers were In court last January IN
force reduction Of wages. when an
agreement Vas reached on the rules
regulations and schedules relating 20
train disratcheTs and operators. vet a,
. conference held under the order - ,ha
circuit judges the position assumed By tho
receivers IN the petition was found unten-
able, Vas abandoned and the rules and
regulations governing ,elegfaphers' wages
adopted. Judge Caldwell savs that whsn
a court OF equity takes upon itself tie
conducting OF the business aud the opera,-
Ing OF road the employees become en-
p.oyes of the court and subject 10 it, or.
GERS. The court contends that the rece vers
nave not offered satisfactory proof show
ing tue schedule tn tie unreasonable. anu
ne believes the receivers made the req ass.
'snorsntsy, as oniy one is practica. rail-
TcAd man. The court desires an ecoaou.
ieal administration. but 10 DO this wag,,
must not De below lGss com pensation. The
recon nendstlon OF the receivers to siont
their schedule can not be accepted because
II vas adopted without giving the men an
Opportunity to tie heard, which is a viola
tion of the agreement Specific perform.
aAees Of s contract 10 render uersonsl
services can nos oe enforced by Injunction
under pam OF penalties. or any other
means. Ne Injunction ordered can make
sach interference any more of contempt
tAan the an makes II without suca orders
Aiier ihe rendering OF the opinion formal