Nebraska Newspapers

    I
THE OMAHA DAILY BEE : . . FRIDAY , APRIL (5 ( , J89I.
( C'ontliiueil from First Page. )
the nclieilulps of wages of Hie tmployes In
force when they were appointed , nml to
adopt no\v ( mid reduced nchetliilcn linn not
been uniform and harmonious ; anil ulnco It
la iUlraiIc ! ami ncconsary that nny order
tnailo on mild petition should have n uniform
operation upon tlio linen of railway operated
by said receivers throughout the circuit ; and
Blnco the receivers have revoked nnd an
nulled their action hurctoforo taken ordor-
IIIK now \\ago AClitilulcH Into cfttot on the
1st of March , 1831 , and have resolved that
the entire matter of new wage nchrdules beheld
held In ntnynnro to await further action of
the court , It Is now her ? ordered as follows :
Tl rut That the petition of tlin rccolvera
for leave to set aBlde and annul the schedules
of wage * of the employes on the Union ,
I'.iclflc system , In force when they were ap
pointed , und to adopt now schedules equaliz
ing and , In some cases , reducing I ho wagta
of the employes , lie set do\vn--for hearing
heforo the circuit JudgeH at Onmha , Neb. ,
on the 27th day of March , A. n. . 1894.
"Second That the receivers forthwith , eras
as soon as may be practicable , Invltu the
proper representatives 'of the employes on
said system to attend a conference at Omaha ,
Neb , , commencing on the 15th day of March ,
1891 , for the purpose of conferring with S.
II. II. Clark , receiver , ( who In hereby
specially designated and selected to conduct
said conference on behalf of the receivers ) ,
and such other person or persons as he may
select to act with him , at which conference
the entire matter of proposed changes In
wage schedules shall bo taken up , and , an
far as possible , agreed upon between this
said Clark and said representatives of the
employes. Sjich conference to continue from
d.iy to day until such agreement Is reached.
"Third That In case there are nny
matters In difference ) remaining unadjusted ,
such matters of difference shall bu clearly
and specifically stated and presented to the
court \\rltlng on or before said 27th day
of March , 1S01 , and the hearing herein shall
proccrd as to such matters In difference be
fore the circuit judges holding the court ,
and after hearing the parties and their wit
nesses and counsel the circuit judges will
make such order In the premises as may bo
right nnd Just.
"Konrlh That the receivers grant to such
representatives of the employes luuve of ab
sence to attend said conference and hearing ,
and furnish them transportation to Omahu
and return.
( Signed ) HENRY C. CA LOWELL.
WALTKK II. SANIIOHN ,
Circuit Judges. "
FHUITLESS CONFERENCE WITH TUB
OFFICIALS.
In compliance with the terms of this order
a conference between Mr. Clark and his as
sistants and the oflleera of the several labor
nrganl/alloiiH representing the employes of
the court wai held In Omaha. At this con
ference an agreement was reached as to the
rules , regulations anil schedules relating
to the train dispatchers nnd operators ,
which have been reported to the court and
confirmed. This was one of the most dllll-
cult schedules In the whole list to adjust ,
and the satisfactory agreement reached
In the conference show : the great value of
a good tempered , calm and Intelligent In-
iiilry | In which both sldeH are represented ,
and In which both sides learned , perhaps
for the first time , the ground on which the
demand Is made by the ono and resisted by
the other. The receivers hud declared to
the court , In their petition filed on the 27th
day of January , 1894 , "Thut after careful
consideration of the matter and consulta
tion with the managing olllulul.s of the Union
Pacific system they are of the opinion that
th Bo-called rules. , regulations and sched
ules of pay for train dispatchers and oper-
CENTURY
i or brhm'KOUIl Coupons ami len emits
In coin to llilH olllce ami mrelvo tlm 4th part
of llil.s Hinicih work-llm Hlory of DmV.ir
tolil by tlui IcnUlntr ( 'unoralH on both Hlilm.
IM.USPKA ni > .
SERIES NO. 6.
DICTIONARY.
Only tint mi iilur of I'n ' Ina * oorraiiuii -
n I- llh tlie fi.'ili'H number , of Uio coupiin
ViVM'tited , will bi djllvora I" .
O NW San.Uiv and TliToJT
c.iin : | , with 15 ojntVin oln ,
will lr.iv 0110 pirS of The
American Kno\yloMJfo \ | Ule-
liniury. Sand orbrlu to Tin
Hco Onico.
Mull should uo'uailroiSQr ; to
DICTIONARY DEPARTMENT
SERIES 1.
April 6 , 1894.
Hrlui , ' 11 fj'iupous with : i"i cents ,
oit
If HI-HI liy mall with ! > cents in coin
iuttnnis > ! : | aivoplud. ) Ho surj to atato
tlio-iinililoiM ) r HID work ile.sii-oJ. Semi
only mine la a ucuks , ni boo'cs aril pub
lished OIllJ lll.lt uftUll.
AlllllVhS
.Wt iin > r/iif lioimrt mo/if.
, - AI'RIL 0 , 1894.
< ircjairti.fr..a. , * * L , M , <
Art Portfolio.
B&ck & Dumber Coupon ,
No
Fill in all the numbers you
desire and brin. ; or mail to Art
Portfolio D-'iKirtmmil Omaha
lice , enclosing six of these Con-
pens with 10 cents for each part
desired.
nttrs arc entirely nrfaecpMtiry , anil they
have , therefore , not only daclili.il to dlsaf
firm * the name , but they Imvd also decider
that they will not prepan * . or atahllsh nny
rules ami regulations In lien thereof , .nni
with respect thereto vour receivers further
advise your honors thnt r.U f the tnld train
( llnpntrhcr * nnd tcloRriiph operators nro cm-
ployed on monthly xnlnrlei , which arc de-
tnrmlncd In connldprntlon of nil the ctrciim-
stanceof / each particular cute , and nro In
tended to cover all of the services nnd al
the time necessary In which to perform
the kcrvlce required from each of said trail
dlnpatchcra nnd operators nt the oevera
respective stntlons on tln > line of the Union
Pacific system. "
And yet nt the conference held under
the order of the circuit judges the. position
nHinmcd by the receivers In Ilirlr petition to
the court was found to be untenable nnd wni
abandoned , nnd rules and regulations ROV-
ernlnB tclPBrnphers' wnpfa adopted.
It would servo no useful ; uirpoe here tc
state the rnincs which , In the opinion of
the court , prevented nn agreement between
the conferees upon rules , regulation ! ) nnd
xchedtilcs for the other brunches nf the
aervlce. It Is sudlctcnt to nay that they
wore of a character which do
not In nny decree militate nKalnst
the usefulness or pfflcncy of
conferences or the ability or fnlrneso of the
conferecB. Freed from the Btafe of things
brought about by Ihe" erroneous proceedings
of n majority of thejvcelvers In the be-
RlimlnK of this busl.tcss , It IH highly proba
ble that the conferees would have agreed
upon nil the schedules. Falling to ngree ,
the matter was brought before the court ,
In accordance with the order made by the
circuit judges. At the appointed time the
receivers appeared In person and by at
torney , nnd the employes by the odlcers of
the several labor organlratlons to which
they belong , nnd by their attorneys. Upon
calling the case for hearing the court di
rected an order to be entered setting aside
and vacating the order of the court made on
the 27th" day. of January , 1831. approving
the rules , regulations und schedule framed
by the receivers without notice to or con
ference with the employes affected thereby ,
und also setting aside and vacating the order
of Injunction entered nt the same time. The
court then announced to counsel thnt the
rules , regulations und schedules In force
when the receivers were appointed were still
lu force and would be held and treated us
prlinu facie just nnd reasonable , and thnt
the burden was cast upon the receivers to
show thnt the wages received by the court's
employes under the existing regulations
were In excess of n fair , just unit reasonable
compensation for the service performed , tak
ing Into consldcrntlon all the circumstances
and In view 6f the existing conditions.
The henrlng proceeded on these HUPS , nnd
the court listened for a week to the testi
mony of witnesses.
SUPREME DUTY OF THE COUIIT.
Before stating the conclusions wo have
reached upon the facts It will bo well to stnto
the leading principles which courts of equity
must keep In view In this class of cnses.
When a court of equity takes upon itself the
conduct und operation of a gre.it line of rail
road the men engaged In conducting the
business and operating the road become the
employes of the court , nnd nro subject to Us
orders In all matters relating to the dis
charge of their duties , nnd entitled to Its
protection. The first und supreme duty of n
court when It engages In the business of op
erating a railroad Is to operate It cfllclontly
and safely. No pains and no reasonable ex
pense nro to bo spared In the accomplish
ment or tneso enua. i-asstnjser.i unu m-ifem.
must be transported safely. If passengers
are killed or freight lost through the slight
est negligence to provide nil the means of
safety commonly found on flrst class roads ,
thu court Is morally and legally responsible.
An essential nnd indispensable requisite to
the safe und successful operation of the road
Is the employment of sober , Intelligent , ex
perienced and capable men for that purpose.
When a road comes under the management
of a court on which the employes are con
ceded to possess all these qualifications and
that concession l made In the fullest man
ner here the court will not. upon light or
trivial grounds , dlspenso with their services
or reduce their wages. And when the
schedule or wages in forqe at the time the
court assumes the management of the road
Is the result of a mutual agreement between
the company nnd the employes which-has
been In force for years , the court will pre
sume the scheulo Is reasonable'and Just , and
any ono disputing that presumption will be
required to overthrow It by satisfactory
proof.
NOT GOVEIINED BY RECEIVERS'
It Is suggested that upon this question
the court ought lo bo governed by the
recommendation of n majority of the re
ceivers. The suggestion Is without merit
in this case for bevernl reasons. Four rf
the five receivers are not practical railroad
men , and nro not fnmlllar with the sub
ject ; two of them are lawyers residing in
New York , ono n merchant residing In
Chicago nnd ono a railroad accountant , hav
ing , doubtless , n thorough .Knowledge of
the books of the company'but knowing
nothing about the wage schedules. These
four gentlemen are eminent In the line of
their professions and pursuits , nnd entirely
capable of managing the financial nffalrs of
this great trust , for which purpose they
were , doubtless , selected , but tjielr opinions
schedules Is confessedly
upon the subject of wage
fessedly of little value. The court shares
In their anxiety to have an economical ad
ministration of this trust to the end that
these who own the property and have liens
upon It may get out of It what Is fairly
their due. But to accomplish this desirable
result the wages of the men mu.st not bo
reduced below u reasonable and Just com
pensation for their services. They must
bo paid fair wages , though no dividends
r.ro paid on the Block and no Interest paid
on the bonds. It Is a part of the public
history of the country , of which the court
will take judicial notice , that for the llrst
r.0 ! 000 000 of stock Issued this company ru-
cplvnd less than 2 cents on the dollar , and
that thu prodt of construction represented
by outstanding bonds was $43,9i9.32S.U. :
The t facts arc- disclosed by the report of
the "commission of the United States I'a-
clllc Railway company" In 1887. of which Mr.
Anderson , ono of the receivers in this
cite , was a member. ( See report , pp.
til 137. ) There would seem to bo no equity
'
In' reducing the wages of the * employes
below what Is reasonable und Just In order
to pny dividends on stock nnd Interest on
bonds of this character. The recommenda
tion of the receivers to adopt their schedules
cannot be accepted by the court tor another
reuson. Thnt schedule was adopted with
out affording to the men or their repre
sentatives nny opportunity to bo hoard.
This wns In violation of the agreement
existing between the company and the men ,
by the terms of which no change of the
schedules wns to be made without notice
to the men und granting them n hearing.
. The receivers
This V.U8 a lundamental error.
ceivers should hnvo given notice nnd In
vited the men to a conference even If
there was no contract requiring
U In answer to this objection
to their mode of proceeding it Is said the
order of the receivers and the order of Ilio
court extended an opportunity to the men
In protest against the new schedules after
their adoption. The men could luivo mmill
hopps of a fair and Impartial hearing after
the receivers had prepared now schedules
behind their backs which were declared by
th reel-Ivors und the court to bo primu
fuclu lust ntid reasonable. Thla wnu very
much like llrst hanging .a man nnd trying
him afterward. It Is smull consolation to
thu victim of the mob to be told ho shall
Imvo a trlul nftcr he Is hangrd. It Is further
mild that the receivers had the right to re
nounce the old schedules and adopt the now
ones becnuso the old ones wore mere ex
ecutory contracts. There are BOIIIO execu
tory controls which receivers may re
nounce , but they ciinnut claim the benont of
such contracts nnd at the pumo tlmo re
nounce their burdpim. This In precisely
\\hnt was attempted to bo done by the re
ceiver * In this matter : they renounced the
old schedules and adopted new ones reducing
waRM , but seemingly with no Idea of ab
solving thu men from the duly of continuing
to work nnd operate the road , ( or lu tholr
petition they nak thnt their * clieilules bo
confirmed by ( ho court , "und all of tlr * said
employe directed u > conform thereto. " The
recehers wen- the flrat Id liruak the conlnci
between the court nnd Itrt employes , hut If
thu consume had lirmi the ia u HIP court
couU not have dlrppipil or iMiJjlni.nl the man
to coiiumi In IIH ei\iv. | paclrto per-
formanc < ( n conlr.i < I in rcndur per onal
# rvp | oannot bo nnf rvvd hy Injunction ,
by pains ai.d per.n iir , ur by nny other
means. For a brunuh tf such u contract
tlui only li'drtus thu law affurda U a civil
action for the damages.
ORUAN12UU LA11UR IS OUOANISIKU CAP
ITA L.
The court Is asked to apply to lh em-
ptoyc * In Ita service the principles of the
parly English statutes , which , by the Im
position ( if heavy palni nnd penalties , forced
laborers to wurk nt Hxcd wngoa nnd made
It an offense to seek to Increase them or
lo quit the service of their employer , ' The
period of compulsory personal service , save
nn n punishment for crime , has pasted In
this country. In tlil.i country It Is not un
lawful for employes to associate , consult
and confer together with n view to maintainer
or Increase their wngcs , by lawful and peace
ful means , any more than It was unlawful
for the receivers to counsel und confer to
gether for the purpoic of reducing their
wages. A corporation la organized capital ;
It Is capital consisting of money nnd prop
erly. Organized labor Is organized capital ;
It Is capital consisting of brains nnd muscle.
What It Is lawful for ono to do It U lawful
for thu other to do. If It Is lawful for thu
stockholders and o Ulcer a of a corporation
to associate and confer together for-the pur
pose of reducing the wages of Its employes ,
or of devlnlng other means of making their
Investments profitable , It Is equally lawful
for organized labor to associate , consult nnd
confer with a view to maintain or Increase
wages. Doth act from the prompting of en
lightened sclnshnesi , nnd the action of both
Is lawful when no Illegal or criminal means
arc used or threatened.
It Is duo to the receivers and to the
managers of this property to say that they
have not questioned the right of the labor
organizations to appear nnd bo heard In
court In this matter , nnd what they Imvo
said nboilt these organisations has been In
commendation of them and not I'n disparage
ment. Men In nil stations nnd pursuits In
life hnvo an undoubted right to join to
gether for resisting oppression or for mutual
assistance , Improvement , Instruction and
pecuniary aid In tlmo of sickness and dis
tress. Such association commonly takes
place between these pursuing the same oc
cupation nnd possessing the same Interests.
This I ] particularly true of men engaged In
the mechanical arts , mul In nil labor pursuits
where skill and experience are required , The
legality and utility of these organizations
cnn ho longer be questioned.
UIOIIT OF MEN TO DE HEARD.
The notion of the receivers Is objectionable
upon another ground. It would be difllcult
to devise any action better calculated to
provoke n "strike. " The method of adopt
ing the now schedules was calculated to
arouse resentment In the breast of every
Rplf-rpapectlng , Intelligent and Independent
man In the nervlce. While they might have
been willing to acquiesce in the reduction
of tholr wages , they were qulto suru to re
volt against the manner of doing It. What
ever may be the legal right of a railroad
corporation to reduce the wages of Its em
ployes or discharge them In a body without
giving them an opportunity to ba heard , a
court of equity will not act In that manner
or approve the action of Its receivers who
have acted In that manner. The receivers ,
no more than the court , should have under
taken to determine what wages were just
and reasonable without giving the men an
opportunity to be heard. U Is fundamental
In the Jurisprudence of this country that no
court can rightfully muke un order or render
a Judgment affecting the rights of one who
Is absent und who has had no notice. The
requirement that the court or nny other
tribunal shall hear before It decides Is much
older than Magua Churtu or our constitution.
It was written In the book 3,000 years ago
that "He that answereth a matter before
ho hcarcth It , It Is folly and shaino unto
him. "
A further and conclusive answer to the
contention In favor of putting the receivers'
schedules In force Is found In the ( net that
Mr. Clark , the only one of the receivers
who is a practical railroad man , testifies
that they ought not to be put Into force
without "some modifications. "
As a result of the old code of rules and
schedules this company has been able to
bring about Into every branch of Us service ,
at reasonable cost , Intelligent and capable
men who have carefully guarded and pro
tected Its property and business Interests
until the train service upon the Union Par
clflc Is today equal to any of the great rail
way systems of .tho country. Upon the
question of the reasonableness of the old
schedules we have had no ( rouble In coming
to a satisfactory conclusion.
The record shows , that all that portjon. of
railroad mileage where excess inllcago'"lia
been 'allowed runs through either n moun
tainous or desert country , where the men
engaged In the operation of trains have to
contend with heavy grades , and where the
winters are long and often severe , and where
the hazard of operating is necessarily
greatly Increased , There Is practically no
agriculture und the cost of living is much
greater thnn In nn agricultural region. As
stated by Mr. Dickinson. "It Is u pretty
tough place to llvp. " The system of payIng -
Ing excess mileage , Mr. McConncll testifies ,
has been In vogue over since the road was
built , and was allowed because the com
pany had dlfllculty In obtaining men who
would stuy in that region of country. It
this system was n good thing for the com-
pnny when operating the road , It Is n good
thing for the court when operating the road.
As a result of this system men of Intelli
gence nnd character Iiavo been induced to
enter the service and to establish perma
nent homes In regions of country wliere
there is practically no business except the
business In which they are engaged , and
where , for ninny reasons disclosed by the
evidence , It Is not desirable to live. A
system of rules and regulations by which the
company has been able to bring Into Its
service and retain for twenty-five years , In
some Instances , the class of men who have
appeared before the court at this hearing ,
is certainly commendable , nnd meets the
entire approval of the court.
PRESENT SCHEUULHS ARE JUST.
In the opinion of the court the allowance
made by the schedules now In force is just
und equitable when all the conditions are
considered. The employes , under the pres
ent system , share the burdens of diminished
justness. They mnko less mileage nnd get
ess pay per month. The rote now paid 13
not higher than the rate paid on other
lues operated through similar country and
under like conditions , and , In the opinion
of the court. In not higher than It should bo
lor the service rendered.
Some of the employes with large families
o support nro seldom more than n few
days wages In advance of want , .and If their
nresent wanes were materially reduced they
could not live. The highest and beat
service cannot be expected from men who
ire compelled to live In a stnto of pinch
and want.
It Is n gratifying fact that the ofllcers and
representatives of the labor organizations
of which the men Interested In this hearing
are members hnvo unanimously assured the
court" that whatever Judgment Is rendered
n this cnso will bo accepted by the men
ah a settlement of the dispute , and that In
10 event , after such a hearing us has been
iceorded to them In court , will they
'strike. " We are confident these ussur-
unces will be kept.
When property Is In the custody of re
ceivers the law declares It to be n con
tempt of the court appointing them for any
person to Interfere with the property , or
with the men In their employ. No Injune-
tlonal order can mnko such unlawful Inter
ference any more of a contempt thnn the
aw makes It without such order. . Such
orders have an Injurious fendSncy. becausb
hey tend to create the Impression among
IIPII that It Is not an offense to Interfere
vlth property In possession of receivers or
tlth the men In their cmpoy | unless they
mvu been especially enjoined from t > o doing.
This Is a dangerous delusion. To the ox-
unt thnt a special Injunction can go In'thU
las ; of cases the law Itself Imposes un In
unction. Far this reason no Injunctioiml
order will bo entered In this case. .
In conclusion wo may bo. Indulged In Blv *
ng expression to the hope that 'A ' future
llfferencoa about wages between courts nnd
heir employes , nt least iind ' wo'.would fnln
tope between nil empfoyors'nnd'employes
resort mny bo had to reason and not 't'o pas
sion , to the law and not to violence to the
lotirls and not to a "strike. " It Is u re.
proioli to our civilization that such Differ-
eneen should result , us ( hey often huve , In
perKun.'il .vlolouru , IOIR of life , destruction of
j i > priy , IOIH of wagon to the men and lost
of earnliiKH to the ompluyrr , und , . \yhon they
occur on nmu lines of ralUoai ] , great dam
age and Inconvenlunc : to Ihe public.
An order will ha entered In the dlntrlct of
Notiraalu ronimulnc the prment ichuduloi
( subject to the luo.l ideal Ion UK to delayed or
overtltnv ) < n full fared und effect nnd. setting
nclda the ardur m.ulo by thin court on ttui
27th day of January , lltfl.
AUo an urdu * directing the receivers to
cause 500 copltii of a coniuloto record of thla
cuuso , includliiK the pleadings , evidence ,
opinion and ordem entered In the gevirdl
dlMrlnU , printed and dluirlbuted as provided
In I ho urdtr ,
M n AH ordur r qulrlm ; llm irctlvori to
par the .xpenu * of mplu > ii uueudiiij ; Um
conference ordered by the circuit judges nnd
while attending tlrH.ihrnrlng ,
An order will bn wjtered In the districts
of Colorado nnd AWmlng modifying the
orders entered In il o * .dlstrlct8 on the 20th
nnd 27th days of February , 189 < , to conform
to the order nov/Aftpjrtd / In the district of
Nebraska , rolntlng'to the rules , regulations
and schedules of pt y-
oitnKit'Ar 'T'III : cnrirr.
Status of tlir Wlfj * > ( JiiPRtton fixed l > y
iliKllrindMuiulnte.
The following ls.thp official order of the
court :
It Is ordered , l \ the following amend
ment ns to delayed \or \ overtime , viz. : In
lieu of nrtlcle lv ( Engineer's old rules , )
Delayed Time No overtime shall bo nl-
lowed unless the tlmo on di y has nver-
aged lets than ten miles per hour , tlmo to
be computed front the time first named to
leave.
In llo-i of article vll. ( Engineer's old
rules. ) Extra short runs not provided for
In the schedule of runs. All short runs
of less thnn 100 miles , and no other mileage
mndo on the same day , 100 miles will be
allowed , overtime after ten hours.
Add to section 1 of nrtlclo. Ix. ns follows :
It Is expressly understood thnt grievance
committees authorized to represent engineers
shall have access to the proper olllclnls for
tlio consideration of cases of violation of
rules or regulations governing conditions
of employment. ,
Firemen In view of the present string
ency In nil matters pertaining to labor nnd
corporations , we , the firemen , are willing
to snare with this court the burden of ex
pense to the extent of conceding overtime
accrued In less than ten hours on nil trains ;
that the schedules of pay und the rules
and regulations ( or the guidance and gov
ernment of employes engaged In the opcrn
tlon of the various railway , railroad nnd
telegraph lines and other properties of the
Union Pacific system now operated by S ,
H. II. Clark , Oliver W. Mink , E. Ellory An
derson , John W. Doano and Frederick R.
Coudert , receivers heroin , which were In
force upon said Union Pacific system nt
the date when the property of said Union
Pacific system passed Into the custody and
control of said receivers , under nnd by vir
tue. of the orders of this court , shall be con
tinued In full force nnd effect by the said
rccclvers.thelr mnnngcrs.superlntnndents and
officers , until changed by agreement between
the receivers nnd tho. ofllcers or ropresentn-
tlves of the labor organizations represent
ing the employes engaged In the service of
operating said Union Pacific properties under
said receivers , or by the order of this court.
This order shall apply to all the roads , In
cluding the St , Joseph & Orand Island rail
road , nnd to every department of service
under the receivers In relation to the opera
tion nnd business of said Union Pacific
properties.
It Is further ordered thnt the receivers
shall hnvo fiOO copies of a complete record
of the proceedings had In the courts of the
several districts of this circuit In relation to
the change of rules , regulations and wnge
schedules proposed by the receivers herein ,
printed and securely bound , each volume to
contain the complete record , properly In
dexed , of all proceedings had In the several
courts relating to this subject , beginning
with the petition of the receivers , and includ
ing the petition , the answers of the em
ployes , the testimony taken at the hearing
before the court In the circuit court for the
District nf N'nhrnul < ! i..finil nil nnlnlntiR nf thn
courts filed , and ail orders made by the cir
cuit courts In the Warnl districts. The cost
and expense of pfl'pdrfng manuscript , printIng -
Ing and distributing Mild record as by this
order directed , shall ibo paid by said re
ceivers out of the'.traat funds In their hands.
It Is further ordered ( that the copies of said
record , when printed and bound In volumes ,
shall be distributed ibjc the receivers as fol
lows : Twenty-flvensvolumea each to the cir
cuit judges of this. ; ' circuit , ten volumes each
to the district judge oi this circuit , 100 vol
umes to thp rccervernf forty volumes to the
representatives ofiithuemployes / , -100 volumes
to remain In cust-cdf of the clerk of this
court for ( HstrlbiitloMi.oB the court may from
time to time direct.
It Is'furthcr'orncrdil'that the delegates or
representatives off-lhovemployes engaged In
the service of operating the railroad and
- telegraphlinos ofsU.e.'Uulon | Pacific .system
under the receivers , who vero. In attendance
upon the conference ordered by the circuit
judges nnd In attendance at this , hearing ,
shall bo allowed 'their reasonable" expenses
during the time they were attending tlio
conference and hearing , , upon the basis here
tofore allowed by the company' to men at
tending a conference between the ofllcers of
the company nnd the men , and the receivers
are directed to pay these expenses out of the
trust funds In their hands.
It la further ordered that the order and
Injunction relating to wage schedules , here
tofore entered In Ihls court for the district
of Nebraska , on the 27th day of January ,
1894 , be und the same is hereby set aside.
HENRY C. CAL.DWEL.L.
United States Circuit Jlidge , Eighth Judicial
Circuit.
JOHN A. RINER.
United States District Judge for the District
of Colorado , sitting In the United States
circuit court for"thb district of Nebraska
by request of Ihe circuit Judge.
The order for the -districts of Colorado
and Wyoming art } Identical with the above ,
except the concluding clause , which states
that the orders heretofore made In those
districts are hereby modified to conform
with the above.
KVKKYIiODY I'l.KASKIl.
I.ubor r.omlcrs . 'liihlluut ' Oier the C' urt'g
Decision , ) inlet' Tlinrnlc i' Opinion.
Satisfaction was written all over the faces
of the men In the court room when the readIng -
Ing of the opinion was concluded. From the
very start of the reading It was apparent
that the opinion was n substantial victory for
the men , but none of theni had at least ex
pressed a hope that It would be so complete
and sweeping. When the reading waa con
cluded , and the judge announced that the
court would take a recess until the order
should bo entered up , the men feM to and
congratulated each other , and crow'ded for
ward to shake hnnds with Judges Cnldwell
nnd Rlncr. All was confusion for n few min
utes , nnd then the crowd In the court room
Krndunlly melted nwnv nnd the men went
buck to tholr various boarding places.
Mr. Vroman , chairman of the engineers
grievance committee , mild ho did not wish
to be quoted any further than to say that
thu decision was eminently satisfactory to
him nnd that ho considered that the men
had only obtained what wag their just due.
C. A. M , Petrle , chairman of the firemen ,
stated that the opinion of the court fully
justified the confidence the men had all
along placed In Judges Caldwell and Rlnor.
From the start they had expected justice at
their hands and they had received it. It was
a great -victory not only tor the men on the
Union Pacific , but Xor organized labor every
where , t u , (
Urn ml Chief Claikdot the conductors said
that the decision -vviM.nn eminently just one
und the men wrt-tfl fully natlsficd. They
were prepared to ttbldn by the decision of
the court whaUVorlilt had been und they
uero more thauitHcaictl that the living up
to It would beRO itlansant ,
Gilllland of thoi.tolFgruphers nnd Clark of
the irnlnmtm expr/iwfid their approval In no
less emphatic tc ips nd , In fact , there was
but nno opinion tqmxprcss by tlio men and
to repeat thorn would' be but to ( ell abso
lutely the sanio srory In different words.
JUDGE THUgfpN ; , SATISFIED.
General Attorney Thtimton of the re
ceivers , naked ujhnt ho bail to tay In regard -
gard to the oplnron'ilf the court , replied :
"Tho decision relieves the receivers nnd
managers of the KA'rt ) of u great responsi
bility. I think'eVprrfcody concerned Is glad
to have the court Sl.Kttie responsibility , iia n
reduction In AvoW d nlways necessarily un
popular with Up ' ( iimn nnd , dlaagreoablo to
the manners. , .1 , lmd huped that If the
court found tho- old pchudules were Just
nnd ordered tholr' ' continuance It would
order a restoration bf tlje pay of all the.
unorganized oinplo'yci who wore affected by
" '
the percentage out of "Boplo'nibor 1. H this
effort to rnlucn the tfuges 'o f thi > organized
employes wan not justified by existing clr-
pumitance * thnn certainly llm percentage
reduction of non-organUcd vinploytivus not
justified , und unions all employes are to
slmru In the burden * of Ihe ' 'chnngi'd con
ditions It U manifestly linjuit to make anyone
ono class db to. "
TIIAMIKU TIIK COH ItT.
Kiprcii T/irlr / Ai > prr h tloa of
< ludu | ( 'nliUriill'n Urulnlvo Ai'llon.
The following preamble nnd resolutions
were miHnlmouxly adopted by the general
board of adjuntmenl of the UroiherUaod of
Locomotive Engineers on the Union Pacific
eystem In session nt Omntm April G , 1894 :
Whereas , An effort has been m2.do by the
mnnnKcmvnt , under the receivers , of the
Union Pacific system of railways to reduce
the schedules of pay and to abrogate the
rules , regulations nnd conditions of employ
incut of the employes of said system engaged
gaged In train nnd engine service and to
mitjsUtute others therefor , the same hnvlnt ,
been caught to bo accomplished wllliou
'
proper'notice nnd without n trco nnd fair
hearing of said employes , nnd
Wherons , The employes of said eystcn
engaged In Knld service hnvo bought to hnvo
their objections to such action on the par
of such manugcment fully nnd fairly hcnn
and determined by n court having jurisdic
tion In the premises , nnd
Whereas , Uy order of Judges Caldwell
nnd Stillborn , circuit judges of the Eight !
judicial circuit of the United States , n fill
nnd fair henrlng has been nccordcd enli
employes nt Omnhn , Neb. , Circuit Judge
Caldwell nnd District Judge Rlncr of the
District of Wyoming sitting , commencing
On the 29th day of March A. D. 1894 , con
tinuing from day to day until completed ,
andWhereim
Whereim , After snld full nnd fair hearing
of all objections mndo by the said employes ,
the said Judges Caldwell and Rlncr have
taken the matters presented nt snld hearing
under advisement , nnd nfter full considera
tion hnvo niado their order touching said
matters In said proceedings and the
hearing thereunder. A new era has been
Inaugurated nnd n sovereign remedy estab
lished by precedent for the adjudication of
differences between employer and employe In
the management and operation of great cor
porate enterprises , and by the order of said
judgas organized labor has received complete -
plete judicial recognition and given n stand
ing In one of the highest courts In the land
for the adjustment of grievances. Now ,
therefore , be It
Resolved , That we , as a general board of
adjustment , do most heartily approve and
concur In the spirit and Interest of the court
In their action and methods of disposing of
such cases , nnd pledge ourselves to use nil
the Influence In our power with nil laboring
men directly nnd Indirectly affected to yield
a cheerful obedience to the order rendered ,
and concur lu and perpetuate the principles
thus established : be It further
Resolved , That these resolutions bo spread
upon the records of said board of adjust
ment , a copy furnished the Associated press
and a copy takci home by members of said
board , and roqist that they b read In
their divisions Ir open session at least once
every three monti s , and urge upon the mem
bership of the bri thcrhood the value of ad
hering to them , ilwnys admonishing so
briety and Improvement of our member
ship , morally , socially and mechanically.
D. II. HREES ,
W. W. HAM. .
J. A. RANDALL ,
Committee on Resolutions.
Tlio resolutions after belnc read were
signed by the whole body of engineers pres
ent as follows : Ocorge W. Vroman , chair
man : E. It. Fonda , secretary ; A. Flood , J.
L. SlmpKon , W. II. Flkcs , I ) . H. lirees , A.
Q. Roberts , Thomas R. Reid. William Leth-
brldge , Thomas Oliver , W. W. Hall. A.
Preece , W. J. Ingllng , J. A. Randall , J. E.
Toner , J. D. Matherson. Harry Maxwell ,
Peter Grant , Thomas Keating , George 0.
Darnliart , F. A. Levitt , alternate.
"llrotlior John" nt lloytl'n.
Thcro Is an old saw which says that the
good things are usually reserved to the last.
This Is particularly true of the week's per
formances at Boyd's , for William H. Crane
rounds the week splendidly , and his new
play , "Brother John , " made a pronounced
lilt last evening. While there are faults In
the cqnsl ruction of Martha Morton's play ,
they are faults of commission rather than of
omission. Yet there Is no denying tlio fact
that It Is the very best play seen In Omaha
this season. As a study of character It is
worthy of u place alongside lironson How
ard's "Aristocracy , " although it lacks the
finer finish of that master playwright's latest
comedy drama. It tells in a homely way of
the ambitions of people of simple habits to
ahlno la , the world of .society , and It draws
In no uncertain tone true to Ufa pictures
of the parasites who feed on aspirants to
the favor of Dame Fashion , having nothing
but money to push them to the front.
AYhlle the first apt Is a bit tiresome the
remnlnnlnir acts make up for any short
comings In the Introductory. Too much
cannot be said of the fourth act , which
Is a gem from the most critical of .stand
points , the bit of tender pathos over the
gnme of chess , uml the mating which Is
inevitable , for John Hackctt dops not play
a good game of chess Is a wonderfully
artistic bit of work on the pnrt of Miss
Morton , who nt a single leup has leached
the heights aimed nt by all aspliln ?
authors In the dramatic field.
"Ill-other John" Is by no means n. one
pnrt play , nnd .Mr , Crane Is to be congratu
lated on the general excellence of the
players supporting him. John Hnckutt ,
the well-to-do hat maiuifnc'turer of Bethel ,
Conn. , IH n companion plei'c to Senator
Hnnnlbnl lllvt-iv , and one hardly knows
'
which to admire most , the honip'ly cliur-
aeterlzatlon of the down onst hat maker
or the brilliant senator from the went , who
knows Washington life like a Kiildp book.
Both are worthy of Crime , both hnve
added to Ills reputation , uhlch grows
brighter mid more cnduilng with the liana-
Ing of the years. The men in thp support
hnve been chosen with cpeclnl fitness
to the purts nsBlKned tli ( > ni , und they nrp
all character studies true to nature. Joseph
Wheeiock , Jr. , who comes mighty near
KoliiK wrung. Is excellent as the younger
brother. Bobby Haekclt. Hoyd Putnam
plnyw the vlllnln with quiet tact and force ,
while the low comedy part IH In the hands
of thnt veteran nctor , J. C PndgPt. George
Itackus Is particularly Interesting ns u
young society mvcll. while the others nro
quite in line with those above. The ladles
of the- company are not a whit behind the
men In ability. Lizzie Hudson Collier piny-
Ing the lead with a flnlnlied style that Is
refreshing. Sophie Hackett lives through
the cleverness of Anna O'Neill , a wonder
fully sweet young -woman , while Miss
Gladys Walluoi' , who looks for nil the
world llko an Omuhii society Kill , IB vlva-
Plous and decidedly winsome lu the pnrt of
Maggie Itnliin. Amy Itu.'hby , one of the
beauties of tin * company , is also neen to
advantage. Mica IdnlPiie Cotton , daiiKbtPr
of Hun Cotton , IK keeping up the lepulatlon
of the family In the smibretto rolu of
Marln , which she complpteli * dominates by
\\t r nvopllf.nt nltllltv. Anil Mrn. PnHler. loo.
adds luster to this galaxy of real players ,
who give one of the very best performances
of the year.
"Thp New Nabob * "
"The New Nabobs" opened their return
engagement at the Fifteenth Street theater
lust night to a large house. The cast Is
unohanged , but ninny now Hongs , dances
nnd specialties are added to the produc
tion na previously given here. The en-
gugemctit contlmiPH tonight and tomorrow
nlBht , with Saturday matinee.
llrbutril Utility lit ilio Tlieiitrr.
Mrs. Michael McUraw wns nnestcd by
Sergeant Slgwart last night for crcntlng
a disturbance ) nt Doyd's opera house. The
sergHuntBlurted to walk to the station
with b)9 ) prisoner , but when he had gone
as fur us Fifteenth and Hurney streets
the woman's IniHbiiiiil cunic along * and took
a hand In the gnmo liy Htvlklng the Her-
Kvant and attempting to got his wlfu outer
or custody , Blgwurt uud McGraw had a
brief , but very lively light , which endeil
In Mike's arrest. Uoth were rlmrgeil with
disturbance and resisting nn olllcer.
* Alllnnrp IllPpU
Last night the Hotel nnd Hestniirnnt
Wulterx nlllnnca elected ofllcvrs us follows :
President , William Lewis ; \LO | president ,
WIHIlJiirMooro ; recording neorutnry , II. A.
SpauldiiiK ; llnunclnl ne-Tetiirv. i.u"la Hln-
glelon : oxcciitlvc4 bonrd , F. Lyiu-h , rhulr-
niun , .lumps IH'iidley , Jninb.-t lleiKfr , H , 1C.
Campbell nnd I ) . CHeader. . I' . K. Clinch ,
A. liiirni'H and J. A. James were elcpten
dfloghtrs to Central Lnbor union. The
election of u tieasmer wus dcfi-ired.
'
/ , I'.iit.ta it.ii'iis.
Mrs. C. F. Moore of Hloux Oily Is the gut-at
of Mnle. N'orrls.
Mr. H. A. 'Ilabb of Denver , a representa
tive of the Dally Bun , In In the oily on busU
ne 8. Mr. lluhlj says that Denver U enjoy
ing a revival of biiilnonj.
J. W , Iletse , w I I'M ' nud daughter IViirl have
returned from Vlckiburg , where they upenl
the winter. They are the gtionU of .Mr. nnd
Mr * . II , F. Marti v.hllu In th city.
John M. White , n St. Louis journalist ,
paused through Omaha yeitprduy , cnroutw to
the lllaok 11IIU and northwot Wyoming In
quest of data for a work descriptive of
health reiortu and mlnliii : camps of thn
country travorned by thn n , & M. The work
will contain about 200 P'IRCK , printed on fine ,
heavy paper and profusely Illuntratfl'l ' with
the bent hulf-tono view * of black Illlli
cenery.
NOW IS THE TIME ,
Get Strength and Health With Paine's
Celery Compound.
Take Palno's celery compound.
It Is the remedy that makes people welt.
First prescribed by the greatest physician
this country has seen , It has been used and
prescribed and recommended by physicians
of every school everywhere.
As a spring remedy It carries health nnd
strength and renewed energy wherever It
goes.
goes.Food
Food for the muscles Is not food for the
nerves or brain. Hut I'alnc'a celery com
pound furnishes the \ery elements that re
build worn-ou * nerve tissues. It feeds brain ,
nerve centers and nerves , calming and equal
ising their action. It makes rich honest
blood.
Within a very few days after Paine's celery
compound Is regularly taken there , will bo a
marked Improvement In the general health ;
strength will become nmro enduring , the
frame plumper , the spirits better and the
Jroath sweeter all declaring In the plainest
terms a healthier action of nerves and blood.
Hundreds of men nnd women with that
"run-down" feeling written all over their
faces , unable to work , without courage , hove
recovered health , heart und ambition through
this remarkable remedy for the blood and
nerves. It purifies the blood. It enriches
the blood. It generally stirs liver dnd
kidneys and the other organs destined to
keep sweet nnd clean the vital machinery.
A clear , sound mind In 11 sturdy , healthy
body , a bright eye , an clastic step , a clear
skin , como without fall when Pnlno's celery
compound Is given a trial with merely
reasonable euro and regularity.
Says Mr. Dudley n. iHrnUon , one of Wor
cester's best citizens , the prosperous pro
prietor o fthe Lincoln square dining rooms ,
In a recent letter :
"About six months ago I had a severe
attack of eczema. No pen can describe my
sufferings. I doctored and used all the cures
I could hear of , but It was still In my
system.
"Hearing that Mr. William II. Iloblnaoii ,
with the Jewelry firm of Nelson II. Davis ,
H51 Main street , had been cured of eczema
by using 1'alno's celery compound , I called
on that gentleman , and , as u result , started
lo take this wonderful remedy. What Mr.
Itohlnaon told me has been proven to bo
true , und I take this opportunity to express
my grdtltudo. I will gladly answer any ono
who may wish to Imiulro further in regard
lo the medicine. "
Paine's celery compound Is the greatest
blood and nerve remedy that medical sclenco
has yet attained. It makes , people well.
itiuuy to get one cisc-
would be tickled to
wlicrc us Rood at
pet one as good at
$13.50. $12.50 If the NcbraH.
ka was elsewhere.
For a real silk mixed
black overcoat , or a For a good valued
mixed shade of bulV overcoat at $15 The
Nebraska says $0.50
Get one as good fora
and throw Incliolco
ten dollar bill anywhere
of two colors Intermediate -
where- and we'll treat
mediate Hhndc of
to one , no matter black or the newest
who yon are or idea in dark gray
wliere on earth yon Yon ought to see the
buy your clothing. waythcy're trimmed
Spring Catalogues arc still to be had for the asking.
BIRNEY'S
.Catarrh . Powder
ln ll vei Catarrh mt Ooli\ \
In tli i | > d laituutlr by
out application
Ouroi Hnid NoUes &
DEAFNESS.
( MNr . ( <
IKK l . . . ! TmrU. tV.M * .
TrUltrf Un ulor niplfr
sold ey dtunriita , ooo. _
matt
jn K D'CDv-nN
. .DX'pVr.i"2 ' VBD
D. Jicobsou k Son , 130 W , 12 St ,