The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-04-06

Omaha, Neb., April 5.-Organized
labor today won it's greatest victory,
when, in the United States circuit
court, Judge Henry c. Caldwell hand
ed down his decision in the Union Pa
cific wage schedule contest. In the
long legal opinion, this decIarat ton of
the court stands out most prominently:
"a corporation is organized capital;
it is capital consisting of money and
property Organized labor is organ
lied capital, it's capital consisting of
brains and muscle. What it is lawful
for one to do, it is lawful for the other
to do. 1t is lawful for the stockholders
and officers of a corporation to asso-
ciate and confer together for the pur-
pose of reducing the wages of it's en-
ployees, or of devising other means of
making their investments profitable; it
is equally lawful for organized labor
TO associate, consult and confer with
view to maintain or increase wages.
Both act from the promptings of en-
Hghtened selfishness, and the action of
noth is lawful when no illegal or GRIM
mai means are used or threatened"
A Dramatic Ending.
The court room was thronged with
railroad men at the hour set for the
rendering of the decision. There were
lew preliminarieS before Judge Ca1d-
well began the reading AS the opin-
ion proceeded, the faces of the Union
Paclhc officials heightened, while those
Iof the employees grew rOseate, as thew
saw the drift of the decision, and be-
gan TO reallze what a remarkable vic
tory was in store for them. At it's con-
cluslon, the silence became oppressive.
ana until Marshal White declared a
recess, not movement was made on
/ the part OF the spectators to break the
spell. 1t was dramatic ending to
what has been a most dramatic case.
Ihere was not phrase, not even 2.
Woro' Oh legal Verbiage about the i'm
portant document, For" Judge Cald-
well declared, 81 wanted it to be so
PLAIN that even the lowest man on the
road could understand every word of
When Judge Caldwell left the bench
the leading men of both sides SHOOT,
hands with the fearless jurist. Mr..
decision.
mo thanks are necessary Mr.. vroo-
man, responded the judge, when a
court does its duty, without fear mr.
faVor, 1t is not deserving of anv
thanks. The path was well bIazed
all the court had to do was to reitera tie
the principles laid down from the he
ginning, and that it has sought to do
| in its feeble way"
Just before court adjourned. Judge
Can't, of North Platte, attorney for tbe
men, asked the court to fix the expense
account for the men, in view of the
fact that there were differences of
opinion. Instantly Judge Caldwell re-
sponded:
You ought to be ashamed of your
/ self to ask the court to participate in
this matter Don't come here with the
statement that you can't agree as tC
the expenses
Then, turning to the room, 'Is
one Of the receivers here? no: no
There is General Manager Dickinson
you may arrange with him as to ex.
Ipenses which will cover the cost OF
average living in Omaha, which can be
easily ascertained."
General Manager Dickinson nodded
his approval.
Its Far-Reaching Character.
AS to the far-reaching character OF
the opinion, the utterance of ATTORNEY
George l.. Hodges, who represented the
engineers is most timely, sit is the
( greatest Judgment in vindication OF
the rights of men pronounced by any
court since the historic Judgment OF
Lord Mansfield in the Somerset case.
! The opinion continues in force the
present rules and regulations govern
ing the road men, except where the
different organizations voluntarily
agreed to modify the Overtime fea
lures of the present schedules. 1
modified the orders of Judges Dundy
Riner and Hallet made in the wage
leases, the former ordering the receiver.
to put the new rules and regulation!
lin force, the latter restraining the en-
!forcement of the new schedules pend
ling hearing between the receivers
and the men. 1t lays down new princi
piles of arbitration between the contend
ling forces of wages and capital, bein.
lin direct opposition to the opinion o
Judge Jenkins in the Northern Pacffir
wage matter, and it lays down string
lent rules as to intoxication on the par
Iof the employees, who are held to b.
servants of the court
i Scholarly and dignified, it exhaust
the questions which have been bitterl,
fought in many instances since tn
tory for the rights of the toilinl
The Opinion.
Judge Caldwell, with impressiv
force, read the opinion of the court, il
which Judge Riner concurs.
After stating the facts of tn
roads coming into the hands o
the receivers, Judge Caldwell says
1.-THE relation of these men to tn
company and the rate of wages is de
termined mainly by certain write
rules, regulations and schedules whic
were the result OF free and voluntar
conferences between the managers G
the railroad and representa- tive men i
different branches of the service
Among the rules and regulations re
ferred to was one to the effect that n
ichange had been made in the rule as t
the rate of wages without first givin
the labor organizations reasonable nc
tice.
Judge Caldwell then recites how tn
receivers were in court last January I
force a reduction of wages, when a
agreement was reached in the rule.
regulations and schedules relating t
train dispatchers and operators; yet "a
the conference held under order of tn
circuit judges the position assumed b
the receivers in the petition was foun
untenable and was abandoned, and tn
rules and regulations governing the te
Iegraphers' wages were adopted.
Honest but Ignorant.
Judge Caldwell then says that whe
; a court of equity takes upon itself tn
conducting of business and operatin