St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-04-06

their
PETITION TO THE COURT
was found 10 be uhienable, and was
abandoned. and the rules and regula-
tons governing telegrapherS' wages
adopted" Judge Caldwell then goes Oh
10 say that wheH court OF eqnity takes
upon itself the conduct aud operation
OF great line of railroad. the men en-
gagged in conducting the business anu
operating the road become the employees
OF the court and are subject to its orders
IN all matters relating 10 The discharge
OF their duties, and entitled to It's pro-
lection.
An essential and indispensable reeui-
site to the safe and successful operation
OF the read Is the employment OF sober.
Intelligent experienced and capable
men Tor that purpose. When road is
under The management of a court. in
which the employees are conceded 10
possess all the qualifications. and that
concession IS made in-tiie fullest man
ner mere, the cOnrt viii lot upon light
or trivial grounds dispense with their
services or reduce their wages.
And when the schedule of wages in
force at the time the e0iirT assumes the
management OF the road Is the result of
4 mutual agreement between the COM
pany and the employees. which has been
IN Iofce tor years. this court will pre-
sumo this schedule is reasonable and
Just. and any one diSputing that pre-
sumption will be required TO overthrow
Ii by satisfactory proof. This the court
couteudS has not been done by the re-
ceiverS. although hey had ali recon-
mended that 4 CIT be made. II Is Tie
courts belief tiiat The receivers made
The request ign0rantIy. as only one of
l. a1T
thelr. opinion upon the subject OF
WAGE SCHEDULES
IS confessesiiy OF little value. The
court SHARES III Jheir anxiety 10 have an
economical administration OF this trust
10 the end that those that own the prop
trty ana have liens upon il may get out
of 1t what l. fairly their dtle But
10 accomplish this desirable result
the wageS of the Iill5n must
not be reduced below reason
able and just compensation for their
services. They must Oe paid fair wages,
enough no dividends are paid Oh the
bonds. 1t IS part OF the public history
OF the country, of which the court wifi
take Judicial notice, that for the first
S36,0OU, O0d OF stock issued this company
received less ihaa two,eentS. Oh tie dol
lar, ana The profit OF construction repre-
Stilted by outstanding bonds was S43,-
92g, 3=S.34.
There would seem to be no equity in
reduclng the wages OF tie employees
below what Is reasonable and Just. in
order TO pay dividends OF stock and ill.,
teTest on bonds OF this character. The
recommendation OF the receivers TO
adopt their schedule Cannot be ac-
cepted by the Court for another reason.
That schedaie was adopted without
aitoTdlng to the men or their represent
ativeS any opportunity to be heard
This was in violation OF the agree
ment existing between the company
ana tire men. by the terms of which
40 change Of the schedule were 10 made
without uOtice to the Men and granting
10 tnrin !, hearing. This was funda-
mental error
The receivers were the fist te break
tbs CONTRACT between tie ctasrt and is
employees, but If the converse had been
the case lie court could not have d.
rected or enJoined the men TO
CONTINUE ~ ITS SERVICE.
SPECIFIC performance of q contract to
render personal service caR!;0l be eli
forced by Injunction, by pains anu BEN
allies. or by any other means. l he
period of compulsory personal service.
save as punishment for crime. has
Il
ful for employees To associate, consult
and confer together with 4 view OF
maintaining or increasing their wages
by lawful anu peaceful means. any more
tnan IL was unlawful for tie receivers
"a council ana confer together for the.
purpose OF reducing their wages. A cor
porati0n Is organized capital; organized
labor is orEanIZeds capital: what is law.
Tui tor one to DO is lawful Tor the other
10 do. a system Of rules and regula-
tons by which the company has been
able te bring into its service and retain
Tor twenty-five years, IN some Instances.
the class OF men who have appeared be-
fore the court al this hearing Is Ger
tainly commendable. and meets the
entire approval OF this court.
In the opinion Of the court the allow
ances iiaGe by the schedules now in
force are just ana equitable. The en-
piOYes under the present system share
The burdens OF diminished business.
When property is in the custody of
receivers the law declares ii to he a con-
tempt OF court appointing them tor any
person to Interfere With the property
or with the men IN their vocation. No
injunction or order can make Such un-
lawful Interference any more of con-
Tempt than the law makes it without
such order. Such orders have
AN INJURIOUS TENDENCY,
because they tend 10 create the i'm.
preston among men that it is not an
Oifense 10 interfere with property in
possession OF receivers or with men in
their employ, unless they have been
especially enjoined from doing so. This
l. dangerous delu5ion To the extent
that special injunction can 20 liz this
class OF cases, the law itself imposes an
injunction. Fol this reason no iniunc-
tlOnal order will be entered in this case.
In conclusion, Judge Caldwell saws:
we may be INDUCED in giving ex-
preston TO the hope that in future
differences about wages between courts
ana their employees, at least
and we would fain hope be-
tween all employers and emDloyes-
resort may be had to reason and
not TO passion, 10 the law and not to
violence, 10 the courts and not to a
strike. 1t is a reproach to cur ciyiliZa-
ton that Sucn differences should result
as many have. in personal violence, loss
OF life, destruction of property, loss of
wages TO the men and loss OF earnings
10 the employer, and when they occur
on great lines OF railroad, great damage
and Inconvenience TO The public
After the decision had been rendered.
The engineers. who bad been attending
the conference. adopted a series OF
resolutions thanking Judge Caldwell
for his fairness.