The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-04-06
VICTORY FOR LABOR.
Important Action in the Union
Pacific Wage Controversy
UNIONS HAVE A LEGAL STANDING.
The Decision Of Judge Caldwell, of tho
United States Circuit Court. at Omaha,
Is Entirely Opposite to That Rendered
by Judge Jenkins.

Is Entirely Opposite to That Rendered
by Judge jenkins.
OMAHA, Neb, April 6-Organized labor
yesterday won its greatest victory when,
In the United States circuit court, Judge
Henry Caldwell handed down his decision
In the Union Pacific wage schedule con-
test. In the legal opinion this declaration
of the court stands out most prominently
"a corporation is organized capital; il is
capital consisting of money and property.
Organized labor is organized capital; 1t is
capitrl consisting of brains and muscle.
What II is lawful for one to do it is lawful
for the other to do. 1t is lawful for the
stockholders and officers of corporation
- associate and confer together for the
purpose OF reducing the wages of its en-
ployes, or of devising of some other means
of making their investments profitable,
and 1t Is entirely lawful for organized
labor to associate, consult and confer with
view to maintain or increase wages.
Both act from the prompting of enlight-
ened selfshness, and the action of both is
lawful when no illegal or criminal means
are used or threatened.
Judge Caldwell then goes on to say that
when a court of equity takes upon itself
'ne 'uhu"'u "uu oper"'ioh VI sre"C nus
oi raiiroau vno men engaged IN eohuus'ihe
1he business liiu ope'a'in" the ronu oe-
come tne employees Oh tne court anu are
sunlect 10 its oroers III an matters reiatihg
70 1he uischurse .. their uu'ies anu Gu
.i1!eu W its protecuiou. AN esseh''u anu
iliueapensap'e fe.i"'Sise W 'ne saie nnu
successiui operation OIL the ROAD Is inc eth-
pio' mem, VI soper, ,ih,eliiseho' experienced
anu capaole men ior 'haC purpose
ihe opihion proceeus' men ROAD
comes uhuer 'he management Oh court
IN "h,ell i, the ehpioyes are conceded 10 pos
seaA uli t"ua1 puaiiio"tiois ohe couro wiz
hol upon hsht or Trivial Brounus ulspehse
WIN 'nclr services OF reauce their wages
ana "neh tne scneouie OF wages III force
NJ .ne ,,nle 'he conr. assumes the manage.
meht oi .ne roau Is tne result OF mutuai
agreement petmeeh 'ne coinpany ana the
eihployes "hich mas oteh IN iorce LOT
years tne court WIZ presume 'he scheduls
Is reasonable ana JUST, ana any one DIS
putlhB that presumption Will De required
TO overthrow 1t py satisfactory proof rms,
the court contends mas not Deen done by
the receivers aithouSh they had all recon-
mehued tnat cut DE maze III Is the
courts oelief that the receivers made the
request iBnorhhtly, US only one OF them is
prachcal raiiroau man, ana thelr opln-
IONS upon the SUBJECT OF wage schedules
Is c0niesseuiy con oi ii'tie Ealue.
nere Wouil seem 70 De no equity IN
reducing the wages ol 'he employees below
what Is reasonable ana Just IN order to
pay ul'luehus on STOCK ana interest on
ponds. Inc recohlmendaiien OF the re
celVers 10 ADOPT their schedules cannot be
auceP'eu ny 'he court i"r hho' her reason
Ihat schedule was adoptcd without ar
iordlnR TO the men or thelr representatives
any opportunity 10 oe heard' rms was IN
violation OF the agreement existing be-
tween me company ana the men.
he receivers were the hrst to break the
contract between ths court ana lts em-
ployes' put II the reverse had Deeh the case
the court co'llu hot nave directed or en-
Joined the men 10 continue IN ITS service.
epecinc performances OF Il contract TO rem
der personal service cannot be enforced by
injunction py palns ara penaities' or by
any other means me P'rlou Oh cohpul'
sory persohal service save as punish,
hent iof crime, hah passed In thls country.
ne oPlhion continues Ill iorce the pres
eht r"leS anu reg uiaViohS governing the
ROAD men, except where the dlterent or
ganllatlohs Nolnntarlly agreed to modify
the overtime features OF the present
schedules. IL modliies the orders Of Judges
Dnndy, finer ana Hailetl made In the
wage cases, the former ordering the re
ceiVefs TO put the new rules and regula,
tlons IN force, the latter restraining the
enforcement OF the new schedules pending
hearing between The receivers and the
men.
ne opinion lays down stringent rules
as TO lhtoNlcation on the part OF the en-