Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-04-06

ceivcrs, although they all recommended
that a cut be made. II is the courts
belief that the receivers made the re-
quest ignorantly, as only one OF them
is practical railroad man. and their
opinions upon the subject OF wages
schedules is confeRsedly Of little value.
The court shares In their anxiety TO
have an economical administration Of
their trust to the end that those that
own the property and have liens upon
Il may get out Of 1t what is fairly their
due. But to accomplish this desirable
result. the wages OF the men must not
be reduced below reasonable and
just compensation for their services.
They must be paid fair wages though
no dividends are paid on the stock and
no interests on the bonds,
II is part Of publlstory of the coun-
try Of which the court viii take 3u
dioial notice that for the first $1,000. 600
Of stock issued this company received
less than 20 cents on the dollar and the
profit OF construction represented by
outstanding bonds was $sg.929, a2S.a4.
There would seem to be no equity in
reducing the wages OF employees below
what is reasonable and just In order to
pay dividends on stock and interest on
bonds Of this character. The reason
for the receivers to adopt their sched-
ules cannot be accepted by the court
for another reason. Those schedules
were adopted without afording to the
men or their representatives. any OPP
portunIty to be heard This was in vi
citation Of the agreement existing be-
tween the company and the men by tho
terms OF which no change OF the sched-
ules We're to be made without notice 10
the men ana granting a hearing. This
was fundamental error The receiv-
ers were first 10 break the contract
between the court and It's employees.
but II the reverse had been the case,
the court could not have directed or
enjolned the men TO continue in it's ser
vice. Specific performance OF con-
tract TO render personal service cannot
be enforced by injunctlous by pains
and penalties. or by any other means.
The period OF compulsory personal SER
vice, save as a punishment for crime.
has passed in this country. In this
country 1t ls not unlawful for employees
10 associate or consult together with
a view to terminating or Increasing
their wages by lawful and peaceful
means, any more than It was unlawful
for the receivers to counsel and confer
together for the purpose Of reducing
their wages, A corporation Is organ
lied capital; organized labor is organ
lied capital; what IL lawful for one
to do is lawful for the other. A system
of rules and regulations by which the
company has been able to briug into its
service and retain for twenty-five
years. in some instances the class OF
men who have appeared before the
cuort at this hearing. is certainly com
mendable and meets the entire appro-
val OF this court. IN the opinion OF the
court the allowance made by the sched-
ules now in force are Just and equita-
BILE. The employees under the present
system share the burdens Of diminished
business.
When property is in the custody Of
the receivers the law declares Il 10 be
contempt Of court appointing them
for any person to Interfere with the
property or with the men IA their em-
ploy No Injunction order can make
such lawful Interference any more Of
contempt than the law makes It with
out such order. Such orders have an
Injurious tendency, because they tend to
create the impression among men that
It is not an offense 10 interfere with
property in possession Of receivers or
with the men In their employ unless
they have been especially enjoined
from so doing This is a dangerous de-
cision. To the extent that special
Injunction can do I'm this class OF cases
the law itself Imposes an Injunction.
For this reason no Injunction order
will be entered.
In conclusion, Judge Caldwell says:
I'VE may be INDUCED in giving express
sion to the hope that in future DIFF
ferences about wages between courts
and their employees. at least, and we
would fain hope between all employees
and employers. resort may be had TO
reason and not to passion. TO the law
and not to violence, to the courts, and
not to strike. It is a feproaoh 20 our
civilization that such differences Should
result as they often have ia personal
violence. loss or life. destruction OF
property, loss Of wages TO the men and
loss OF earnings TO the employer. and
when they occur on great lines or rail-
roads they cause great damage and In
convenience 80 the public.
AFTER the rendering Of the opinion
the formal orders were made which In
cludes the following amendment to the
rules governing engineers;
mo over time shah be allowed un-
less the time on duty has averaged
less than ten miles per hour time to
be computed from the time fret named
TO leave Extra short runs not pro-
yided for IN the schedule Of runs. all
short runs OF less than 100 miles and
no other mileage made on the same
day. 100 niles WIN be allowed. over
time after ten hours, It Is expressly
understood that grievance committees
authorized 10 represent the engineers
SHAH have access TO the omciais 10Y
the consideration OF cases OF violation