The morning call., 1894-10-12
KEEP UP WAGES.
Even if Dividends Go
Down.
LAW FOR RAILROAD MEN.
Labor Must Be Considered Before
Capital.
JUDGE woOLsoN'S NOVEL VIEW
Which Would Seem to Contain a
Great Deal of Plain Common
Sense.

COUNCIL BLUFFS. Iowa, Oct. u-Iu the
United States Circuit Court this morning
Judge WoolsOn handed down decision il
regard TO the petition last May by the re.
ceiver. j. Z. Barnard, asking for permits
sion to reduce the wages of the employees
of The Omaha and st. Louis (Wabash
Railway, IN accordance with a schedule
drawn up by him. The mnloyes whose
wages were to be affected filed a protest
and l.. W. Ross was appointed Master in
Chancery TO hear the evidence on both
sides and render an opinion on the facts
involved. He heard the evidence lasI
summer. and recommended that the
schedule proposed by the receiver be con-
Cured in. Evidence was heard by Judge
Woolson at the term just closed. In his
decision, read just before the noon adjourn
ment. he recites the doctrine laid down 10
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 hands
of the receivers just as soon as such a
thing can be safely done. A comparison
st. Louis aud those on Their 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. eX-
cent in two branches Of the service. The
court then says. in substance:
"Tbe receiver shows that large mum bers
of railroad men are out of employment. So
that the places could be filed for less
money. The court cannot regard this as
having much weight. The retention OF
faithful, intelligent and capable employs
is of more importance than temporary
decrease in earnings. and the court would
not be justified in 6i-charging such en-
poyeS because of the present ability TO
employ others at lower wages, thus, per-
haps, rendering the road liable TO acct
dents, for which the court would be legally
and morally responsible. IL the wage
are no greater than on other roads running
through the same country the reasons for
reductions 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
compelled 10 live in state of pinch and
want. The receiver has administered hi.
trust with ability and economy, but the
court cannot concur in the reduction he
proposes. The facts as found by the
master In chancery are fully warranted by
the evidence. but a decision must be gov
erned by the principles of law above laid
down.
sit is conceded by the employees that the
wages OF local freight-angine men and
trainmen on this road are greater than on
other lines with which comparison has
been made, and their wages should ac-
cordingly be reduced. The proposed re-
daction, however, Is not proper one, The
receiver sugge SITS that the wages Of Local
freight-engine men be reduced from to
cents per mile, and those of local firemen
he reduced from 40 cents per mile to
2A cents. The court orders that the re-
duction be on engineers to AZ cents per
mile and on firemen to 24-10 cents per
mile.
THE petition of the receiver will be
overruled excepting as to these two par
ticulaTs."