The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-10-12

Council Bluffs, Ia, Oct lin the
United States circuit court this morn
ing Judge Woolson handed down a de-
cision in regard to the petition last
May by the receiver, J. E. Barnard,
asking for permission to reduce the
wages of the employees of the Omaha
& st. Louis CWabash) railway, in ac-
cordance with a schedule drawn up by
him. The employees whose wages were
to be affected filed protest and L. w.
Ross was appointed master in chan
Gerry to hear evidence on both sides and
render an opinion on the facts involv-
ed He heard the evidence last sum-
mer and recommended that the sched-
ule proposed by the receiver be con-
Cured in.
Evidence was heard by Judge Wool
son at the term just closed.
In his decision read just before the
noon adjournment he recites the doc
trine laid down in the recent decision
of Judge Caldwell that the employees
must be paid fair wages, even though
no dividends may be paid, and holds
that this rule must govern, always
keeping in mind the general rule that
a court must turn the road out of the
UdUuS VI Tie IeCClNCAo Jhot 60 7SCAA 80
such a thing can be safely done.
A comparison between the wages
paid on the Omaha & St. Louis and
those on other roads running through
the same kind of country follows, the
result of which is to show that the
former are not in excess of the latter
excepting in two branches OF the SER
vice The court then says in substance:
"The receiver shows that large num-
Ovv ont of
employment so that their places could
be filled for less money. The court
| cannot regard this as having much
weight. The retention Of faithful, in
telIigent and capable employees is OF
more importance than a temporary de-
crease in earnings, and the court
would not be justified in dis
charging such employees because
/ of present ability to employ
others at reduced wages, thus perhaps
rendering the road liable to accidents
| for which the court would be legally
| and morally responsible. If the wages
are no greater than ON other roads
running through the same country, the
reasons for reduction should indeed be
weighty. The evidence shows that
some employees are hardly able to
maintain their families on the present
wages. The highest and best service
| cannot be expected from men COM
PEELED to live in a state of pinch and
want.
1.-THE receiver has administered his
| trust with ability and economy, but the
court cannot concur in the reduction ne
proposes. The facts as found by the
master in chancery are fully warrant
| ed by the evidence, but a. decision must
be governed by the principles of law
above laid down.
sit is conceded by the employees that
the rate of local freight enginemen
and trainmen on this road are greater
| than on other lines with which COM
parison has been made, and their
wages should accordingly be reduced.
The proposed reduction, however, is
not a proper one. The receiver sug-
gests that the wages of local freight
enginemen be reduced from 5 cents to
4 cents per mile, and those Of local
| firemen be reduced from ITO per
mile to "a cents. The court orders
| that the reduction be on engineers to
Az cents per mile and on firemen to
2 4-10 cents per mile.
1.-THE position of the receiver will be
overruled excepting as to these two
particulars