The Coconino weekly sun., 1894-04-12
eMpLoYEs WIN.
Decision of Judge Caldwell In the Union Pacific ContrOversy-No Lowering or Wages Without Proper Notice.

Wages Without Proper Notice.
 OMAHA, Neb., April 6.-United States l Circuit Judge Caldwell's decision in the 1 Union Pacific wage schedule case was
 rendered yesterday morning and was
 complete victory for the employees | After stating the facts about the re-
 ceivership, Judge Caldwell said:
 The relation of these men to the company and | their rate of wages were determined in the main by certain written rules, regulations and ! schedules, some of which had been in force for more than a quarter Of century and all Of which had been in force substantially as they stand to-day for a period Of eight years ana ! more. These rules, regulations and schedules
 were the result of free and voluntary conferences, held from time to time be. tween the managers Of the railroad and the officers and representatives or the several labor organizations representing l the men in the different subdivisions or branches of the service viz The Brother. l hood of Locomotive Engineers, the Broth erhood of Locomotive Bremen, the Order | of Railway Conductors, th Order or Railway Photographers, the Union Pacific Employes' association and the Brotherhood | of Railway Trainmen. These laEor organiza tions, like the rules. regulations and sched- | ules, had become established institutions on the system many years besore the appoint ment the receivers. Two of the ablest rail. roa managers ever ir the service of this sys' | tenn, and prob lbly as able Gs any this country
 has ever produced-Mr. s II H Clark and Mir.
 Edward Dickinson, nowgsnera manager of the road, testify that these labor organiz ,tions on | this system had improved the morals and et- l fcieney of the men and had rendered valuable aid to the company in perfectlng and putting l into force the rules and regulations governing | the operation of the Union Pacific railway, | ltrht tph npnfng 11u hau | nna nf best managed and conducted roads in the country
 Among the rules and regulations in
 operation when the receivers were ap-
 pointed YVES one that no change should be made in the rules and regulations
 and the rate of wages without giving
 to the la bor organizations, whose mem- bers would be affected by such change, thirty days notice, or other reasonable
 notice. This the judge declared just and fair.
 Judge Caldwell then recited how the
 receivers went into court last January to force a reduction on the schedule of wages and all the legal steps taken
 down to and including the hearing just ended and continued:
 At this conference an agreement was reached as O the rules, regulations and schedules re. lnting to the tram dispatcbers and operators, which have been reported to the court and con Armed This was one of the most diflcult schedules fin the whole list to adjust and the satisfactory agreement re lched by the confer
 ence shows the great value of good tempered,
 calm and intelligent inquiry in which both
 sides learned, perhaps for the first time, the ground on which the demand is { made bv the one and resisted
 b, the other The receivers had declared to
 the court that after careful consideration Of the
 matter and consultation with the managing of. ficlals of the Union Pacific system they were of the opinion that the so.called rules regula- | tions and sche Jules of pay for train dispatch CTS and operators were entirely unnecessar:. And yet al the conference held under the or der of the circuit judges the position assumed by the receivers in their petition to the court
 was found 10 be untenabe and was sband& aed
 and rules and regulations governing tele
 grnphers' wages adopted
 Judge Caldwell then said that when
 court of equity took upon itself the conduct and operation of great line
 of railroad, the men engaged in con. ducting the business and operating the road became the employees of the court, and were subject to it's orders in all
 matters relating to the discharge of their duties, and entitled to its protec- tion. An essential and indispensab ble
 requisite to the safe and successful operation of the road is the employ
 ment of sober, intelligent, experi- l enced and capable men for that purpose. When a road comes under the management of court in
 which the employees are conceded to possess all these qualifications-and that concession is made in the fullest
 manner here-the court will not upon light or trivial grounds, dispense with
 their services or reduce their wages And when the schedule or wages in
 force at the time the court assumes
 the management of the road is the re-
 suit of mutual agreement between the company and the employees which
 has been in force for. years, the court will presume the schedule is reason- able and any one disputing that pre- | sumption will be required to overthrow
 it by satisfactory proofs. This the
 court contends has not been done by the receivers, although they all recom-
 mended that the cut be made.
 The recommendations of the receiv- CTS to adopt their schedule cannot be | accepted by the court for another req son. That schedule was adopted with out affording to the men or their rep resentatives any opportunity to be 1 heard. This was in violation of the
 agreement existing between the com pany and the men.
 The system of rules and regulations
 by which the company has been able
 to bring into service and retain for
 twenty-five years, in some instances,
 the class of men who have appeared
 before the court at this hearing is cer- tainly commendable, and meets the en-
 tire approval of this court. In the opinion of the court the allowance
 made by the schedules now in force are
 just and equitable. The employees, un-
 der the present system, share the bur.
 dens of diminished business.
 In conclusion Judge Caldwell said:
 We may be indulged in giving expression to
 the hope that in future differences about wages between courts and their employees at least