The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-04-06
VICTORY FOR LABOR.
Judge Caldwell Decides tho Union
Pacific Wngo Case.
THE RECEIVERS ACTION NOT LEGAL
Ihoir Request for Reduction Of
Wages Made Ignorantly aud tho
Case of tho Employees Decided
Favorably-a Better Way to Settle
Wage Dispute Than to Resort TO
Force.

OMAHA, Mn, April 5.-Judgc Cnld.
wells decision in tho Union Pacific wage
schcdulo case was rendered to-day. It
was q complete victory for tho en-
poyees.
After stating tho facts oil tho road
coming into tho hands of the receivers,
Judge Caldwell says:
Tho relation OF these men to tho COM
pany and their rate Of wages wero de.
tcrmincd in the main by certain written
rules, regulations und schedules, some
oil which had been in iorco for more
than quarter OF century and all OF
which had boon in forcc substantially
MS they stand to-day, for period OF
eight years and moro. These rules,
regulations and Ichcdules were tho re.
suit OF free and voluntary conferences
hold from timo to time between the
managers OF tho railroad and tho Off.
GERS md representatives OF the several
labor organizations representing the
men in tho different subdivisions or
branches OF tho service. These labor
organizations, like tho rules, rcgula-
tons and schedules. had become cstab-
lished institutions on tho system many
years before tho appointment OF the
receivers.
Among tho rules and regulations re-
ferred to and in operation when the 70.
ceivcrs were appointed was one to tho
elect that no change should be made
in tho rules and regulations and tho
rate OF wages without first giving to the
labor organizations whose members
would be affected by such change thirty
days notice, or other reasonable notice.
Judge Caldwell then rcci,es how the
receivers went into court last January
TO force a reduction on the schedule OF
wages, and states all tho legal steps
taken down to and including the hear
ing jus. ended.
Judge Caldwell then goes on TO say
that when court OF equity takes upon
itself the conduct and operation OF n
great line OF railroad, the men engaged
in conducting the business and operat.
ing the road become the employees OF
the court, and arc subject to its orders
in all matters relating TO the discharge
Of thor duties and entitled 10 its pro-
lection.
1t is the courts belief that the re.
ceivers made the request for rcduc-
ton ignorantly, as only one OF them is
q practical railroad man, and their
opinions upon the subject OF wages
schedules is conicssedly OF little value.
There would seem to be no equity in
reducln. the wages OF employees below
what is reasonable and Just in order to
pay dividends on stock and interest on
bonds. The Recommendation of the re-
celrcrs to adopt their. schedules cannot
be accepted by the court for another
reason. That schedule was adopted
without atiording to the men or their
representatives any opportunity to be
heard.
When property is in tho custody OF
receivers the law declares it to be con-
tempt of the court appointing them Tor
any person to Interfere with the pro.
perry or with the men in their employ
No injunction order can make such un-
lawful interference more than law
makes.it without such ordor.
Such orders have an injurious tend
ency because they tend to create an I'M
preston among the men that it is not
an otiense to Interfere with property in
the possession OF receivers or men in
their employ unless they have been
specially enjoined from 80 doing. This
is dangerous delusion. To the extent
that special injunction can 60 in this
class OF cases the law itself imposes IN
injunction. For this reason no injunc-
ton will be entered in this case.