The Providence news. (Providence [R.I.]) 1891-1906, 1894-04-06
VICTORY FOR LABOR.
Judge CaIdweIPs Decision In the Fa-
nous Union Pacific Case.
Orders to Receivers Overruied--Em-
ployes Entitled to Their Old Rates of
Pay--Verdict "a Great Surprise.


, OMAHA. April 6.--Organized labor yes
terday won its greatest victory. when in
the United States circuit court Judge
Caldwell hapded down his decision in the
Union Pacific wage schedule contest. In
the legal opinion this declaration of the
court stands out most prominently:
"A corporation is organized capital; 1t
IL capital consisting OF money and prop
erty; organized labor is organized capital;
IL Is capital consisting OF brain and mus
Gle. What Ga lawful for the one TO do,
IL lawful for the other 10 do. /. is law
ful for the stockholders and officers OF
corporation TO associate and confer to-
gether for the purpose of reducing the
wages OF its employees or of the devising OF
some other means of making their invest
ments profitable; It is equally lawful for
organized labor to associate, consult and
confer with a view to maintain or increase
wages. Both act from the prompting OF
enlightened selfshness, and the action of
both is lawful'when no illegal or criminal
means are used or Threatened"
As the opinion proceeded, the faces of
the Union Pacific officials. heightened,
while those of the employees grew roseste
as they saw the drift of the decision, and
began TO realize what a victory was in
store for them. At its conclusion, the
silence became oppressive, and until Mar
shal White declared recess, not move
ment was made on the part of the specta-
tors to break the spell. 1t was dramatic
ending of what has been most dramatic
case.
There was not phrase, not even word
of legal verbiage about the ''impo rtant
T.. II.
wanted it to be so plain that even the
10 Yliest man in the land could under
stand every word of it,"
AS to the far-reaching character of the
opinion the utterance of Attorney George
L. Hodges, who represented the engi-
neers, Is most timely: "It is the greatest
judgment In vindication of the rights of
men pronounced by any court since the
historical juswnent of Lord Mansfield in
the Somerset casen
The Decision.
Judge Caldwell ordered that the old
schedule. rules and regulations Shall COLI
tinue, subject only TO such notifications
as had previously been agreed to, and he
set aside the Dundy order. He held that
the Union Pacific employees were not paid
more than those on similar roads under
couuitloHs, UT ulOTc tudu WIS just.
He said further that the said railway
labor organizations were conceded by
both parties TO be beneficial to men and to
the road. He censured the issuance of the
Dundy order reducing pay without first
giving the men a hearing, as like unto
hanging a man first and trying him after
ward. He also characterized the nom
union strike order until necessary, in
sulting and dangerous, and as tending to
incite men to revolt.
Four of the five receivers, Doane, An
derson, Coudert and Mink he said, were
without practical knowledge of operating
a road, and therefore incompetent to
make up wage schedule. But for the
erroneous course of a majority of the re-
ceivers he believed the wage question
could have been settled in conference. 1t
was not necessary to reduce the wages of
men TO pay interest or dividends on bonds
or stock issued like that of the Union
Pacific.
The Amendments.
After the rendering of the opinion the
formal orders were made, which included
the following amendments TO the rules
governing engineers:
mo overtime shall be allowed unless
the time on duty has averaged less than
10 miles an hour, time to be computed
from the time first named TO leave. Ex-
ira short runs not provided for in the
schedule of runs, all short runs of less
than 100 miles and no other mileage made
on the same day, 100 miles will be allowed
overtime after 10 hours.
ut is expressly understood that griev-
ance committees authorized to represent
engineers shall have access to the officials
for consideration for cases of violation of
rules for regulations governing conditions
of employment"
All of the representatives of the en-
ployes when interviewed expressed great
satisfaction with the decision.