The herald., 1894-04-06
RECOGNIZED BY THE COURTS.
A Great Victory for Organized
Labor.
II Has the Same Rights as Organized
Capital.
Judge CaidweIl's Decision In the Union
Pacific Wage Schedule Hearing.
The Empioyces' Coutcn-
tion Upheld.
By the AssocIatod Press.

OMAHA, April 5.-Organ;zed labor to-
day won its greatest victory, when in
the United States circuit court Henry
@. Caldwell handed down his decision in
the Union Pacific wage schedule contest.
In the long legal opinion this declara-
tion of the court stands out most promi-
nently:
"A corporation is organized capital; il
Is capital consisting of money and prop
erty. Organized labor is organized capi-
tai it is capital consisting of brains and
muscle. What Il is lawful for one to do
is lawful for the other to do. 1t is law
full for the stockholders and officers Of a
corporation to associate and confer to-
gether for the purpose of reducing the
wages Of its employees, or of devising
other means OF making their invest-
ments profitable; it is equally lawful
for organized labor to associate, consult
and confer with view to maintain or
increase wages. Both act from the
promptings OF enlightened seldshness,
and the action OF both is lawful when no
Illegal or criminal means are used or
threatened"
Tie court room was thronged with
railroad men at the hour set for the
rendering of the decision. There were
few preliminaries before Judge Cald-
we'll began the reading. AS the opinion
proceeded the faces of the Union Pacific
managers lengthened, while those OF
the employees grew roseats as they saw
the drift OF the decision and began to
realize what a remarkable victory was
in store for them. at its close the ST.
lence became oppressive, and until Mar
Hhal White declared q recess not q
movement was made ON the part of the
spectators to break the spell. 1t was
dramatic ending to what had been 8
most dramatic case.
There was not a phrase-not even O
word-of legsl verbiage about the i'm
portant document, "For,.' judge Csld-
well declared, IT wanted it to be 60
plain that even the lowest man on the
road could understand every word of
it."
When Judge Caldwell left the bench
the leading men ON both sides shook
hands with the fearless jurist, Mr.. Vroo-
man thanking the court for the decis-
ion.
No thanks are necessary, Mr.. Vroo-
man." responded the Judge. "When a
court does its duty without fear or favor
1t is not deserving of any thanks. The |
path was we'll blszed and all the court |
had to do was to reiterate the principles |
laid down from the beginning, and that |
it has sought to do in its feeble way"
just before court adjourned Judge |
CAN'T, Of North Platte, attorney for the |
men, asked the court to fix the expense |
account for the men in view OF the TACT
that there were differences Of opinion.
t. TrGno NolA ruoll VnananAo6 .
"You ought to be ashamed of yourself,
to ask the court to participate in this
matter, Don't come here with the
statement that you cannot agree with
the expenseB." Then turning to the
room lis one of the receivers here?
No, no. There ia General Manager
Dickinson; you may arrange with him
as to expenses which will cover the cost
of the average living in Omaha, which
can be easily aecertEined." General
Manager Dickinson nodded his APP
proval.
As to the far-reaching character of the
opinion the utterance of Attorney
George L. Hodges, who represented the
engineers, is most timely: "It is the
greatest Judgment in vindication of the
rights of men pronounced by any court
since the historic judgment of Lord
Mansfield in the Somerset case"
The opinion continues in force the
present rules and regulations governing
the road and men, except where the
different organizations voluntarily agreed
to modify the overtime features of the
present schedules. 1t modites the ord
ers of Judges Dundy, Riner and Hallett
made in the wage cases, the former
ordering the receivers to put the new
rules and regulations in force, the latter
restraining the enforcement of the new
scheduled pending hearing between
the receivers and the men. 1t lays
down new principles of arbitration be-
tween the contending forces OF wages
and capital, being in direct opposition
to the opinion of Judge Jenkins in the
Northern Pacific wage matter, and it
laws down stringent rules as to intoxica
ton on the part of the employees who
are held to be servants of the court.
Scholarly and digniied, it exhausts
the questions which have been bitterly
fought in many instances since the
century began, and is O complete vic
tory for the rights OF the toiling masses
Judge Caldwell, with impressive force
read the opinion of the court, in which
Judge Riner concurs, as follows:
After stating the facts of the roadl
coming into the hands of the receivers
Judge Caldwell says: "The relation o
these men to the company and the rat
OF wages was determined mainly by Ger
tain rules, regulations and schedules
which were the result of free and volun
tary conferences between the manager
OF the railroad and representatives Q
the men in different branches of tn
service. Among the rules and regula
tions referred to was one to the effeC
that no change should be made in tn
rules or rate OF wages without first giV
ing the labor organizations reasonabl
notice."
Judge Caldwell then recites how th
receivers were in court last January
force reduction of wages, when a
agreement was reached as to rule
regulations and schedules relating
train dispatchers and operators. Ye
at q conference held under the order
the circuit judges, the position assume
by the receivers in the petition vi
found untenable and abandoned, an
rules and regulations governing tel
grapheIs' wages were adopted.
Judge Caldwell then says that when
court of equity takes upon itself Il
conducting of the business and opera
ing of road, the employees becor
employees OF the court and subject to
orders.
The court contends that the receive
have not offered satisfactory proof sho
ing the schedule would be unreesc
able, and believes the receivers ma
the request ignorantly, as only one il