The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-04-13
ANOTHER VICTORY.
Judge Dundy Orders Former
Wages Restored
To Union Pacific Employees at
All Points.
SOME SHARP WORDS.
Says Judge Caldwell Misstated
the Facts,
And Took Malicious Pleasure in
Restricting Him.

OMAHA, Neb.. April 15.-Judge Dundy
has ordered the wages of the Union Pa
cific employees restored to the old rate
This applies to all the employees of the
Union Pacific, whose salaries were cut
last September. The order directs the
receivers to restore the old wage sche-
dule, $50 far as it relates to the men rep
resented by the petitioners and others
similarly situated; and in cases where
the men receive less than $50 per
month the increased pay shall commence
on the first day of March last and in all
cases where the men receive $50 per
month or over the increased pay shall
commence on the first of the present
month"
The opinion rendered in connection
with the order is very extensive one,
covering the entire history of the wage
troubles on the Union Pacific road and
the hearing before Judge Caldwell.
Judge Dundy declares that Judge Cald-
we'll in his famous order misstated facts
and took malicious pleasure in passing
structures on him.
Affects 5000 Men.
The decision affects nearly 5000 men
in the employ of the company. During
the course of his opinion, Judge Dundy
the employ of the Union Pacific had a
hearing before Judge Caldwell where
the wage question was under conSidera-
ton. That case in all essentials particu-
lars was the same as this one. A written
opinion was filed in the case.
''Some facts are stated in the opinion
one or two important facts are omitted
entirely. l propose to give a history
of the case and the reasons that lead to
making of the order that has been SO ex-
tensively criticised and denounced. This
/ do here and now because it is the only
opportunity l have had for stating the
reasons on which action was based.
Much of the opinion has been devoted
to the occupation and business qualif-
cations of the receivers who happened
to be appointed without consulta-
ton with the senior circuit judge
'tMuch of it is devoted to the alleged
character of the injunction allowed, and
which was under consideration by the
court and much of it is devoted to that
part of the order which authorized the
receivers to put the wage schedule in
force on the first day of March 1894. The
author of that opinion seems to have ta-
ken great if not malicious pleasure in
passing his structures on what had been
done in connection with the matter then
under consideration
No One Questions the Right.
"No one probably questions the right
to do SO, but many, very many, have
questioned the good taste and decency
of the manner in which the hearing was
had and the opinion prepared
s'The reasons for revoking my order
are not made to US. 1t cannot be con-
tended that the portion of the order in
question was contrary to law or justice or
reason, and that it was revoked for such
reasons. The only reason thought to exist
for its revocation is that source from
which it emanated. Hereafter if any of
these poor men have a grievance they
want heard in court it may be some
what expensive for them to travel eight
or ten hundred miles fam here to hunt
up the source of power the fountain
head of JUSTICE before whom an appli-
cation might be made for leave to file a
petition asking to have the wrong re-
dressed, which right was fully accorded
to all such by order in question until it
was revoked"