Omaha daily bee. (Omaha [Neb.]) 187?-1922, April 09, 1894, Page 5, Image 6

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    THE OMAHA DAILY BEE : MONDAY. APRIL 0 , 1801.
As we arc ourselves larger , mightier , stronger than ever , so , shall we make this sale. The generous offerings , the
power of lowered prices , in fact the towering superiority of 0,111" , value giving in this sale over.all others , cannot fail to at
lazaar tract a multitude of buyers , At this great sale , ' we propose to show customers the tremendous
power of Cash at a time when money is scarce. You can better afford to borrow money , if you have none , than miss At prices quoted bc'o\v
this sale , for we tell you right now that you never never in all your experience , bought first-class , new , desirable mer
chandise at the wonderfully low prices quoted. We commend a careful perusal of every item. Investigation proves while goods last.
that descriptions are not a whit overdrawn , and that values arc under rather than overstated.
DRESS GOODS DEPARTMENT.
Monday we will have some C'nolce Bargains for You-
This Is n fine Diagonal suiting in a
Bargain No I. line illuminated effect in blue , groan ,
brown , tan , vvlno , electric , fawn , slate
7 YARDS
, oiid mode ; also some of the Rcou , Ilor-
I'ull Dress Pattern , rlngbono and Hockford suitings. All
now spring novelties. Ea ° li pattern is
33 c.
a beauty , Call early , as wo have only
078 patterns In all.
This lot Is a work of art in weaving Bargain No. 2.
ns most of the patterns have the two
tone cITout and raised ( lowers. Wo have 7 YARDS ,
them In plain olTcots as well. All the
I'lill Dress Pattern ,
now and leading shades. Just what you
have been looking for , foraspring dress. $1.63.
Bargain Wo3. . This is a lot of dress goods our eastern
buyer secured nt n brokers' s > ale nt 'illc
7 YARDS
, on the dollar. Eaeh piece n choice plum
Dicss Pattern , and worth 83c to 81.00 a yard. While
they last you can hnvo your choice at
$2,45.
$2.-15 n pattern.
This lot contains a huge assortment ,
and is made up of some of the latest
novelties of this seasons' floods. All are
from the tficut biokeis' srnlo. Each
piece is worth three times what wo ask
for It. Seeing is believing. Call early
and see for yourself.
Bargain No. 5. This Is the cream of the lot , and is
made up of the latest weaves , such as
7 YARDS Do Almas , Whip Cords , Sergos , Henri
, ettas , Shepherd's 1'laids , Spring Chevi
Pattern , ots , Ci opens and all the new novelties.
Wo have them In plain , fancy , stripes
$3.43. mixed , plaids and diagonal and all the
3HES3 now and leading shades.
BLACK DRESS GOODS.
Whip Cord- Frederick Arnold's 36.in. all wool
Kcduced from 91.25 to 85o.
Henrietta-
SergesKuducnd from Too to12c. . Reduced from 75c to 43e.
Henriettas
Uedurod from 85o to 57c. War Henrietta-
ranted till wool and 4(5 ( in wide. Reduced from C5c to 35c.
Aslt to see our Black Novelties and Plain Black Dross Goods at 25c.
Is fair nnd reasonable , and that the men to
whom they have been paid are capable and
trustworthy. Therefore , the court will
not reduce the compensation or dispense
with the services of such men except upon
batlsfactory proof that the best Interests of
the road demand action of that kind. The
fact that the road Is not paying dividends
on Its stock or the Interest on Its bonds Is no
reason In llbclf , Judge Calilwell declares ,
for reducing the wages of the employes
below u Just and proper remuneration for
tholr services. They must have a fair rec
ompense whether the stockholders and
bondholders got any profit on tholr Invest
ment or not. This Is certainly n radical
view to take of the claims of employes
over these of owners and creditors ; but
Judge Caldwcll Insists that it Is warranted
by the rules of Justice and equity , nnd that
the court is bound to enforce It , with duo
regard for the safe and judicious manage
ment of the property Involved. When
N .disputes arise about wages the court
"should grant a hearing to both sides , ho
says futhermoro , nnd use its authority In
the promotion of nn amicable and satisfac
tory settlement , by legal means and with
out any Interruption of business. "It Is
n reproach to our civilisation , " ho adds ,
"that these differences should result , as
they often have resulted , In personal violence
lence , loss of life , destruction of property ,
loss of wages to the men and loss ot eirn-
Ings to the employer , " nnd this remarka
ble decision , wo nro assured , Is Intended to
lessen the danger of such misfortunes.
01" HISTORICAL IMPORTANCE. *
Chicago Evening Post- Divested of nil
thor issues the question which Judge Cald
well decided yesterday In the Union Pacific
case , was : "Have worklngmen the right to
combine peiccably to enforce tholr wage
demands by striking' " His affirmation of
this right , while It will bo distasteful to the
rampant reactionary on the ono hand nnd the
rampant labor demagogue , on the other
hand. Is In accord with the notions of the
people and the progress of the century.
The decision Is of historical Importance
nnd It Is likely to continue for years to
como as the most Important American con
tribution to tiio law of the biibjcct.Mnong
laymen the right to strlko never was ques
tioned or even thought of until Judge Jen
kins Issued his memorable order In the
Northern Pacific case. It was taken for
grunted as part of the scheme ot life ,
liberty nnd the pursuit of happiness. Judge
Jenkins Injunction nt least Implied the nb-
bonco of this right , and u discuslon for and
against has been raging since the utterance
of the Milwaukee order. Judge Caldwell has
put an end to this , and , In passing , has
stated IIH law n number of propositions that
hitherto have lacked the confirmation of the
most conservative bench In the country
Ili-gardlng the legality of the strlko organi
zation , ho biija ( quoting language of court)1 )
This Is as broad an affirmation of the
theory of labor unions as the most radical
could deslro. It Is the meat of the decision ;
but there nro points specifically pertaining
, to the present case that have Important
( significance. The o < c parto proceedings of
the receivers which resulted In the new
echedulo ho denounces as "calculated to
arouse resentment In the breast of every
self-respecting. Intelligent and Independent
man In the service. " "The receivers , " ho
says , "no more than the court , should have
undertaken to determine what wages were
just and rcubonabla without giving the men
nn opportunity to bo heard. " As to the
nbuso of the Injunction , he remarks. "Spe
cific performance of a contract to render
personal service cannot bo enforced by In
junction , by pains and penalties , or by any
other means. Tor a breach of such con
tract the only redress the law affords Is n
civil action for damages. " Violent Inter
ference with the operation of the road Is
similarly declared not a subject for the use
of the Injunction. Men cannot be enjoined
from committing crime. There are statu
tory penalties culllclent to Insure protec
tion for the railway. This Is exactly the
point auggvstcd by the Evening Post In dis
cussing the Northern Pacific case.
Judge Caldwell has put In legal form the
sentiment of the times. Ho has stamped
with judicial approval the principles that
first found expression In England nearly a
century ago and have thriven to a point
where they are accepted as essential to the
peaceable relations of labor and capital In
ul | advanced coutrles. He has put an end
to government by Injunction a nystein re
cently formulated by hard-pressed corpo
ration lawyer * . His decision yrlll not
please the Intemperate rich , who know no
rights of labor which the employer is bound
to respect and who have coino to regaid
the United States courts as their particular
sheep-walk. It will bo equally distasteful
to the anarchists and professional "labor
leaders , " whoso great capital In trade Is the
theory that the courts act only that ono
class may oppress another class. It cuts
the ground from beneath the feet of thebe
follows. But to the American public it will
appeal as a broad , humane and wholly bat-
Isfactory solution of a dllftcult problem.
ITS IMPORTANCE OVERRATED.
Chicago evening Journal : Judge Caldwell's
decision In the Union Pacific wage schedule *
case has excited such a tremendous amount
of enthusiasm among the contestants on ono
sldo that It has led them to greatly overrate
Its Importance. The sympathies of the court
were clearly with them , there can bo no
doubt about that , but It Is a mistake to sup
pose that the decision has Introduced any
new principle Into the settlement of disputes
between labor and capital , br that it has
evolved a new law or rescued an old ono
from threatened destruction.
In the first place. It H to bo noticed that
the Judge had to pass upon a matter of busl-
nebs as an executive olliccr. Ho was In n
certain sense the general manager of the
Union Pacific railroad , and ns such was
calcd upon to decide what wages should bo
piid its employes. In his opinion there was
no necessity for a reduction , and so he re
versed the policy of these minor olllclals , the
receivers. The grounds upon which he did
this were that the receivers were men of no
experience , who did not understand their
business. To hU mind the old schedule ap
peared Just , and the fact that It had been
in ranged by practical railroad managers was
a decisive point In Its favor.
So far , then , wo have nothing that touches
upon the purely legal status of the case. It
Is merely a question of business expediency
that Is disposed of as such according to the
Individual prefercnco of the Individual Judge
who happened to have the matter In charge.
Now , when wo como to examine the par
ticular paragraph In the decision that seems
to have given rlso to the notion that It is
of epoch-making Import we find that It con
tains nothing that Is either new or startling
It reads : ( Quoting the court's reference to
organized capital and organized labor ) .
Judge Jenkins or any other judge who Is
supposed to have corporate leanings might
have said exactly the same thing No ono
has over denied the right of laboring men to
organize or to strike The gist of the matter
Is In the last sentence : "Tho action of both
Is lawful when no Illegal or criminal means
nro used or threatened " Plainly It lies In
the discretion of the court to determine
whether the means used or threatened are
Illegal and criminal or not Ono judge sanc
tions a reduction of wages because ho thinks
that It Is just , and meets the threat of what
ho regards as a criminal conspiracy by a
restraining order. At the same tlmo he sub
scribes to the general principle that men
have a right to combine to maintain or In-
cronso wages. Another judge refuses to
consent to a reduction because he thinks
that It Is unjust , and so Is not driven to any
.further conllict with the employes But If
ho , too , had sanctioned a reduction and had
any reason to fear for the safety of the
property of his custody , wo have his word
for It that the biro threat of a resort to
illegal or criminal means to resist his de
cision on the part of the dissatisfied em
ployes would have led him to take measures
to forestall them.
FAULTY REASONLNO.
Indianapolis Journal- Judge Caldwell's
reasoning on the wages point seems to bo
faulty In assuming , because the old schcdula
was the result of well-established rules and
of a friendly agreement between the man-
ugors ot the road and the employes before It
wont Into the receivers' hands , that there
fore It ought to stand , Ho entirely Ignores a
possible necessity for a reduction ot ex
penses. The receivers had dechred that
such a necessity existed , but ho says "It Is
the court's belief that the receivers made the
request Ignorantly , as only one of them Is
a practical railroad man , and their opinion
on the subject of wage schedules Is con
fessedly of little value. " If they are fit to
bo receivers ot a great road like the Union
Pacific their opinion on the wage ques
tion must bo of as much value as Judge
Catdwoll's. U la generally understood that
when a road goes Into the hands of a re
ceiver there U a necessity for a reduction
of expenses , and as naarly every railroad
NOTION DEFT. MUSIC DEPARTMENT. nlflcont I * E. II. II. seven octavo PIANO.
OKOAN In appearance It exactly resembles
You will always find big , 10- Do You Want a Piano ? We a Imndsomo upright piano It Is n marvel
ous ( mention and has created a great sensa
liab'e bargains at this department Soil the Best. tion In musical circle * . Prices moderate.
also find Ttio world renowned C1IICKKUINO. Wo COME AND SEE THEM.
and will
ment , you have various other good makes. Every In- Standard sheet music Cc per copy.
all stap'e ' notions for a little j strumont fully gtnranleod. DRUGS.
less than other house in A rnw luiidAiNS TO CASH BUYERS.
any Mothlne balls , 12 .c pound.
4 of 3 different nukes ,
pianos
inirchaEcd
as "
the . Hood's Sarsaparllla , "Co.
country. SAMPLE PIANOS , to cash btiversc will Warner Safe Cure , 95c.
Corset Steels 2 pair 50. Eoll any one of these different Instruments luff > ' malt whisky , S3c.
nt FACTORY PRICES. Indian Sagwa , 7f > c.
Tooth Brushes 2 for 5c.
.
Robolvent , 75c.
2 pianos slightly used , but shotting scarce Cutlcurn
Pins , No. 3 , 2 pkgs. 50. ly any trace of wear , at greatly reduced Cullcura salvo , tOc. .
prices. Carter's little ll\er pills , 20c.
Fine Combs 2 for 50. OUOANS. Dr. Illrney's catarrh powder , 4UC.
Rick Rack bunches for . Our prices defy competition Wo have all Petroleum Jelly , largo bottle , 7'&c.
3 sc. . bottle , 7'/4c.
kinds 5 octave organs. We have nil kinds 6 Ammonia , l.irgo /
. Dr. Plerco's medical discovery , < 5e.
octa\o organs. We have all kinds 7 octavo
LACES ! LACES ! ! organs. Dr. PIcrce's favorite prescription , 75c.
SOMETHING NEW. Have your prescriptions filled at Hayden
This is the biggest lace sea The latest out simply perfect. The mag- nros. ' . They are lower than anywhere else.
son ever known , and we are
fully prepared for it. The
largest stock in the city and
the lowest prices. S-INCH
LACE FOR toC PER ROCKERS.
YARD. Laqcs for dress trimmings
You will ncctt 11 few now ruckors this bprlngr. The latest
mings from 56 UP.
tilings in mahogany , white maple and oak , upholstered in
All the latest colors in
biochetcllo , silk tapestry and plush , are to bo found in
bands insertings edges etc.
, , ,
endless \ariutyin out1 furniture department. These goods
SILK TIES. uie now marked to boll at the pi-ices which have ahciuly
made this department famous , for tLo BEST at the
We have a few of those ele
gant Windsor ties left to be LOWEST figure possible.
closed out Monday at isc7 This earrlugo is full
hlze , has 4 steel springs
BOOKS ! like cut , lace ed/jo /
purnbol , bicycle wheels ;
500 elegant cloth - bound body is made of cone
books at itfc. and'is well upholstered ;
PRICE $ ( > . 0. This is the best carriage on
Lot novels , IDC and igc. the market today at any price , such as this.Vo
Tablets , 3c , 5c and 70. have another c.nrlage with the tame year , only
a little cheaper upholstery , at $5.50 ,
Envelopes , 30 pkg.
Mucilage , 2 c bottle.
BED ROOM SUITS.
SPR1NC HATS. All oak French Bevel Plato Mirrors as
We are showing the most popular shape of 313.00 , $17.50 , $18.50. ' 820,00. All full si/e bcdt
the season , both In stiff and soft hats. and all first-class goods. Stiitb from 315.00 uj
The Pearl Alpine with black band , $1.75 , to $05,00. i -
\\orth $2 50.
Brown and black Alpine , $1 00 , worth $2.50. EXTENSION TABLES.
The latest shape In men's Fur Derby , $1.00 ,
worth $250. Endless variety G-foots SU.501.25 , 85,50 ,
A large line of men's soft hats , $1.00 , 80,50 ; S-foots at $5.00 , 87.SO , $8.50 , $9.50.
worth $2.50.
PRXC.E 88.50.
Men's jacht caps , OOc , worth $1.00.
Misses' and bojs' yacht caps , 23c , GOc ,
worth 50c to $1.00. SIDEBOARDS.
Boys' fancy hats and turbans , 25c , worth
75c. Alloakit $11.50 , $14.00 , $10.00 , 817.50 , 618.50 , up to $45.00.
in the country has reduced wages during
the last year the public will be apt to con
clude that the receivers of the Union Pa
cific were not far wrong In asking a reduc
tion. At all events. It Is quite clear that
If the receivers nro not to reduce expenbes
below the old standard the road might as
well have continued under the former man
agement , so far as its stockholders and
creditors are concerned.
Judge Caldwell places his dissolution of
Judge Dundy's order forbidding the men
from conspiring to injure or cripple the
road on the ground that It Is unnecessary
and superfluous. Ho holds , In effect , that
so fur as peaceful combinations for self-
protection and mutual Interebt nro concerned -
corned , the employes of a road have an
undoubted right to form them , and as for
Illegal combinations or conspiracies to in
jure the road , they are already prohibited by
law.
law.This
This Is a sound and sensible view of the
case , and very clearly expressed. It Is suf
ficient reason for dissolving Judge Dundy's
order. The power of the law should not
bo Invoked unnecessarily , nnd the power
of courts should hot be. exercised In nd-
vance of an occasion requiring It. It Is
tlmo enough to deal with striker. ) when
they-violate the law. Superfluous orders
on the subject are upt to prove Irritating
and mischievous. Judge Caldwell's decision
may fairly bo consldcied a distinct \lctory
for organized labor.
LABOR HAS SOME UIGIITS.
Chicago Times : United States Judge Cald
well of Omaha has boldly set forth the doc-
trlno that railroad employes have some
rights that courts and receivers nro bound to
respect.
The Union Pacific rallroid , conceived In
conspiracy und Intrigue , matured In theft
and swindling , was finally brought to the
point of bankruptcy by the eminent Mr. Jay
Gould und Is now In the hands of receiver ! )
The road is bankrupt for the same reason
that a bank would bo bankrupt after Its
cashier had absconded with all the cash.
The people who robbed the railroad , however -
over , did better than the vulgar bank cash
ier. They not only took the cash In sight ,
but borrowed more , nnd took the greater
part of that , too , after Issuing bonds and
stock to represent It. They Improved on the
cashier's tactics In another particular also.
The embezzling banker flees to Canada , while
the thieving railroad builders went to the
United States senate.
When the road became bankrupt It went
Into the hands of receivers , who In the main
know nothing of railroading Ono of them
is an estimable grocer } man In Chicago , an
other a lawjer In New Yoik. They found
Its traffic Impaired and nn enormous debt
Incurred , necessitating heavy Interest pay
ments. Representing the class to whom In
terest nnd dividends are divinely ordained
things which must bo treated with humble
reverence , they looked about for a means of
meeting these iiavmonts , in accordance
with not uncommon custom , they determined
to rob Peter to pay Paul. Paul holds the
bonds or stock of the company evidences In
great part of theft. Peter Is unfortunate
enough to work on the railroad , and Is there
fore n person of no consequence. So the In
telligent receivers Immediately determined
to cut down Peter's wages , to the end that
Interest on bonds nnd dividends on stock
may bo paid To avert possible protest by
the despoiled employes a new wage scale was
prepared and presented to u judge , who , In
two hours , without consultation with the
workmen affected , pronounced It just , nnd
Issued a peremptory Injunction totlio men
to accept it , and on no account to strike.
Now comes Judge Caldwcll , to whom the
men appealed , nnd overthrows the whole ar
rangement for pacing dividends on watered
stock ut the cost of American flesh and blood
Ho declares the old scale of wages the just
and equable one , and comments In nither
caustic fashion on the presumption of the
grocer und the attorney In overriding the
advice nnd experience ot practical railroad
men. Ho oven offers the opinion that when
a great corporation Is In financial difficulties
because ot the misdoing of Its managers the
stockholders who chose these managers
should suffer rather than the humble work
man along the line , The paper Is
ono of the most notable public documents
given to the American people since the
emancipation proclamation. It puts a sudden
and effectual check to the further develop
ment of the enslaving legal theory promul
gated In the notorious decisions of Judges
lUcks , Jenkins and Dundy. It Is a document
which should be read In full by every ser
vant of a great corporation , and every student
of public affairs.
The Times thinks Jud e Caldwell will be
heard of again In American public life.
1JASED ON IlIGHT AND LAW.
Milwaukee ! Evening Wisconsin : Judge
Caldwell's decision In the matter of the
Union Pacific wages schedule Is based on
broad considerations of rfght , as well as
law , and should convince every working
man In the land that labor need have no fear
that capital can defeat Justice in the courts
of the United Stites. The courts are not
for any class as against any other class , but
are n bulwark to protect the equal rights
of all.
It Is shocking that at the very moment
when the law Is thus standing for the rights
of labor at Omaha , labor In the Pennsylvania
coke region should be engaged In defying
the law and resorting -violence nnd crime.
For such a course there Is no reason but
Ignorance , nnd the agitators who Incite
laboring men to such acts are labor's worst
foes.
foes.Judgo
Judge Caldwell takes the equitable ground
that the court must consider the rights of
employes , as well as the Interests of stock
holders , In the case of a corporation under
Its care. Ho holds that if It Is lawful for
stockholders nnd officers of corpoiatlons to
confer for the purpose of reducing wages , It
Is equally lawful for organized labor to as
sociate , consult and confer with a view to
Increase or maintain wages. "Hoth act
from the prompting of enlightened selfish
ness , nnd the action of both is lawful when
no illegal or criminal means arc used or
threatened. " * *
It must not be Inferred that Judge Cald
well's ' decision gives nny color of respectn-
blllty to the nctlon of the demagogues In
congress who are responsible for the move
ment to Impeach Judge Jenkins. What Judge
over lived who never made an Imperfect de
cision' ' U Is for courts , not for the rabble
In congress or out of It , to pass upon points
of law. Sometimes the law Is not clear
when Issues Involving complicated questions
of right and wrong are presented for the
first time. What safety would there be In
a country In which public opinion upheld
demagogical congressmen In bullying Judges
engaged In the conscientious exercise of their
Judicial function'
A CHEAT VICTORY.
Milwaukee Sentinel : The great victory
for the Union Pacific railroad workmen In
the matter of the decision by Judge Cald
well lies In the fact that It Is against n re
duction In their wages In reaching this de
cision the judge approached dangerously
near the line which separates the sound
jurist from the demagogue who Is Intent
upon pleasing the populace whether his de
cision be sound law or not. The claim that
the decision Is a strlktngly new line In
judicial opinion respecting the rights of
labor organisations Is hardly supported by
the facts The doctrine that labor organiza
tions , when properly conducted , exorcise
wholesome Influences tat the welfare of both
labor nnd capital Is not now , and the right
of worklngmen to form unions und unitedly
to work In the Interests of better wages and
conditions has been lonL- admitted by the
authorities. Judge Ca.ldwpl | Is undoubtedly
right In placing a high estimate upon the
value of the better class oMabor organizations
to the Union Paclflci rend In giving good
service nnd contributing' ' to the successful
operation of that enterprise. The relation
between the company' a'qd these orgmlza-
tlons should not be needlessly strained , nnd
all the rights which the/organizations pos
sess should bo maintained. *
If the employes renij between the lines of
the decision so complete a victory for or
ganized labor tnat they como to hold the
opinion that nil capitalistic enterprises must
forego Interest rather than reduce vvngca ,
they will make a grievous mistake. Capital
will not long remain In any Investment that
does not yield a fair rate ot Interest , and
when reverses como all parties to thu en
terprise must stand a portion of the losses
which follow. Judge Caldwell strained a
point In his discussion ot the value of well
organized labor , but he was doubtless justi
fied In doing so because he so sharply con
trasted the rights of holder * of stock that
had been forced upon the market at low
prices with the rights of the highest and
best class of labor ,
The Caldwcll decision states nothing novyt
respecting the rights of labor. It is not
wrong for labor organizations to adopt law
ful measures for holding up the standard ot
wages , and when that standard Is reduced
below what they regard as fair compensa
tion they have a right peacefully to quit
service.
A SUBSTANTIAL VICTORY.
Springfield ( Mass. ) Republican : Judge
Caldwcli's orders In the Union Pacific wage
reduction case constitute n substantial vic
tory for the worklngmen. It will bo remem
bered that when this railroad system went
Into the hands of receivers last year
they Immediately applied to Judge Dundy
of the United States district court at Omaha ,
first , that their own compensation bo fixed
at $18,000 each a jcar ( there being five of
them ) , and , next , that the wages of em
ployes be reduced. Judge Dundy enjoined
the men from Interfering with the operation
of the load In any atempts they might make
to icslst the reduction In wages. The judges
of the United States district court In Colorado
rado nt the same tlmo refused to endorse
the order as to n reduction of wages until
both bides had been heard ,
The employes thereupon appealed to Judge
Caldwcll of the United States circuit court.
* * * At the hearing , which came off the
29th ult , Jndgo Caldwell shaiply arraigned
the receivers for attempting n wage reduction
without first notifying the men nnd giving
them n chance to speak on the matter He
asked them how they would like a decree
from the court , without notice , reducing
their $18,000 salaries , and then wanted to
know whether a court of equity "ought to
change n rule that has been In force for
eight long yiars Do you think It right ,
morally or otherwlbo , that you should put
upon this couit the responsibility for the
changing of this rule when the management
of this road could not change It ? "
Thus the Judge bases his final decision
apparently on the ground that the men were
being paid no more than their duo , whether
the load paid or not. This makes a notable
departure from the rule hitherto followed
In such cases. It will at least servo the
purpose of cutting from under the labor
unions some of their grounds of criticism
of the attitude of the United States courts
toward labor , lltit. the character of the
decision aside , Judge Caldwell has taken the
sound and rather novel position that bank
rupt railroads are really run by the United
States courts , and not wholly by the re
ceivers who happen to bo In charge.
IT WAS AHOUT DUE
St. Louis Republic- Sooner or later a de
cision on the lines laid down by Judge Cald
wcll at Omaha was sure to come.
The essence of the decision was not the
statement of the relations between organ
ized capital and organised labor. That state
ment Is not new and It Is too general to
settle a legal rule for the multiform conflicts
between employer and umplojo
Much more valuable Is the ground on
which Judge Caldwcll infused to Isauo an
order enjoining poisons from Intelforlng
with the railroad property In the hands of
the court.
Ho bald : "No Injunction order can make
such unlawful Interference any more of a
contempt than the law makes It without
such order. Such orders have an Injurious
tendency , because they Intend to create the
Impression among men that It Is not an
offense to Interfere with property In posses
sion of receivers or with the men In tholr
employ , unless they have been especially
enjoined from so doing. This Is n danger
ous delusion , To the extent that a special
Injunction can go In this class of c.ihci the
law Itself Imposes an Injunction. Tor tlili
reason no Injunctlonul order will bo entered
In this case. "
Jenkins nnd Dundy had sot vicious prece
dents In assuming. In advance ot offenses
defined by the law , a previously unknown
authority over the rights ot mun.
If a Jong series of such precedents had
been permitted to go unchecked I ho federal
courts would have obtained possession of n
power which no government of Europe Blnce
the French revolution has claimed , except
that ot Russia ; and ono which Russia docs
not often exorcise the power of compelling
personal service In civil employments.
CITING ONE POINT.
Chicago Tribune. Juilgo Caldwell snyw In
his decision In the cuso of the Union Pacific
employca that "there would seem to bo no
equity In reducing the wages of the em
ployea below what In reasonable and Junt In
order to pay dividends on stock und Inter
est on bonds ot this character " What he
means by "this character" Is explained by
his previous statement that "for the first
$30,000,000 of stock Issued this company re-
om.
We arc entitled to a few words of high praise for this de
partment this spring. The people who have visited this mam
moth new department within the past month are aware of the
complete rejuvinating it has undergone.
We have put in an immense line of Men's Youths' and Chil
dren's Clothing , direct from the factories.
They are all newand , tight in fashion.
You don't have to pay iis anything for the STYLE. Wo
throw that in with the suit.
We have the new long-cut coats in sacks and cut-awiys ,
trimmed and made up in the latest style and best grade of
trimmings.
Then we have the plain , every-day , honestly-made suits.
You will notice by the name on the hanger that they are made
by the most reputable factories in America.
All we ask you is the factory price in any sale. But in this
sale we have taken a slice off the factory price , just to adver
tise the department.
A good , sprvlciblo men's suit on Monday at
$3.75 , worth $000.
Our leader for this week Is our $175 suit.
Wo can easily get JS.50 and $10 for these
but wo arc offering a limited number of this
lot at $1.75. In higher grades wo can sell
n Hull fur $10 Hint clothing stores auk SIS
and $ .10 for. They don't ask too much
for they are worth o\ory cent of It Sco
them tills week for $10.
It will bo necessary to sco oui $750 , $ S CO
$ ' 175 and ? 10 suits before > ou will bellovo
that > ou can get the latt'bt stles In spring
patterns of chovlots , HlIU mixed cisslmero
Scotch tweeds and English clay woistcds at
these prices.
YOUTHS' '
MOJH' long pants suits , $1 75
Albo a bojs' long pants suit , ages It to 13.
$200
A much better all wool long pant suit ,
$3 M and up to $11 50
A combination nil wool suit , two pair ot
pints to match for $11.25 , worth $1.00 and
cheap.
Our $1.23 and $1.95 children's suits go
like wild fire. Wo nro keeping adding to
them dally Such surpilslng bargains In
children's clothing hub never been known In
Omaha.
Special prices this week In junior and
reefui suits Terror Milts , double knee and
seat , $ J 50 , $300 and $3.25 , all wool.
celved less than 2 cents on the dollar and
that the profit of construction represented
by outstanding bonds was $43,900,000. " Th- >
Judge Is of the opinion that that amount of
btock and bonds being water wages should
not bo lowered for the solo purpose of paying
dividends on the ono and Interest on the
other. If that principle be bound then It
can be extended mueli farther. It Is not
Just that railroad shlppcis on any railroad
bhnuhl bo charged excessive rates In order
that that road may pay dividends on stock
for which the company received llttlo or
nothing According to Judge Caldwcll , when
a court or when railroad commissioner'
seek to determine the tftlr rates of trans
portation on a railway they should find first
what the amount of capital actually In
vested In that road Is , and permit It to
charge enough to return a fair profit there
on. That would bo a reasonable and just
rate. The application of that rule to some
roads would result In marked reductions of
charges.
A VALUABLE PRECEDENT.
Minneapolis Journal : The decision of Judge
Caldwull in the Union Pacific wage schedule
eabo not only meets with the cordial ap
proval of the employes concerned , but of all
who have given attention to the equity of the
case The developments In this case Indicated
that Judge Caldwcll was giving very caie-
ful attention to the matter He has shown
that the receivers were Ignorant of the rail
road buslnebs and had undertaken action In
a matter above their comprehension and to
the prejudice of the well-being of the roul
The decision that the wages must not be reduced -
duced below n reasonable mid jiibt com
pcnuatlon for services compiles with the do-
mund of the mun and Inures to the well-
being of the road nnd Is a recognition of
the agreement between the company and the
employes.
tty waiting upon the orderly piocebH of
the court the cmplo > ob have obtained the
full recognition of their rights And the
fact Is suggestive enough of the obvious
advantage of such process over the chiinccs
of a strike. The result ought to LOII-
vlnco the men that It Is not true
that worklngmen fall to obtain their rights
In the couits Their rights are ns sacred
and are as lliblo to bo vindicated In the
courts as these of any other claimants
The trouble Is they nro not willing enough
to commit their cases to the courts , but
are too addicted to tr > Ing the chances of
physical force.
There Is no doubt that the Caldwell deci
sion will have a moil beneficent effect upon
the determination ot future questions of
this kind. It Is a precedent which workingmen -
men certainly cannot afford to Ignore.
llllIEl" COMMENT.
Cleveland Plain Dealer The decision de
livered by Juilgo Caldwcll was a frarlohs
exposition of the rights of organized labor ,
which , the court declared , U "organized cap
ital , Its capital consisting of muscle nnd
brain. " The railroad men were lighting
against a reduction In wngns , and , In t'ollv-
crinj ; the decision , which was remarkable
for the simplicity of Its language , the court
clearly defined the rights of labor ns against
capital
Loulsvillo Courier-Journal Organized labor
has found many dllllciiHIuH placed In Its way
l ) > the decisions of fedeial courts , but It has
at last found , i friend In Judge Caldwcll ot
the United States circuit court at Omaha.
Judge Caldwpll's decision on the Union Pa
cific wage bclicdulo contest Is a complete vic
tory for the employes of the road.
Denver NOWH Judge Cnldwell's decision
In the Union Pacific wnge schedule matter Is
a bweeplng victory for orginl/ed labor , and
n confirmation of all that the men uskod. It
Is also an ulllrmatlon of the opinion of
Judgeb Hallctt and Rlncr and u reversal of
Judge Dundy. The decision of the learned
judge will command the approval of every
fair thinking man. It Is broad , liberal and
jult , and through It all thcr ? runs a spirit ot
humanity that Is espec'ally to bo commended ,
riie News LungiatulntcH the employes of the
Union Pacific on the victory they have won
nnd on the good sense , judgment nnd mod
eration they have dlsplnjcd In the entlio
contest
Minneapolis Tribune : The decision of
Judges C'.ildwoll and Sanborn Is full of good
omens for employes nnd compinlen Even
the nttornej lei the receivers granted ns
much Itcu'lvets must ricognUo the rules
and regulations under which the men have
worked for jrais , nnd must recognise the
Interests of the men In fixing schedules ; nnd
the men , on thu other hand , must refrain
from InterftiliiK with the icudvurs up-
pointed by the court The receivers cannot
cocrco .mil force Into compulsory labor the
employes , nnd the latter cannot coerce nnd
block the operations of the receivers. Hoth
parties mo to bo governed by the perfect
law of liberty.
o
Sweet breath , sweet atomacn , sweet tem
per ? Then use DoWltt's Llttlo Early Risers.
( lllKcll tllll Mlllllll ICl'llllloil.
JMTTSHtMKl l.ANDINO. Apill 8 Thu
lennlon fit thu llluc ami ( in-y under the
iui l > lucs of the Klilloh Ilatliellelil nwso-
claUon closed jestuiday. Thu t'liily part
of the da > was npc-nt Inciting nnd mnrklng
positions on tin' battlefield. The III.IHH
incotliiK VMIH In Id ut thu Uruml Island ami
11a l niidluniu WIIH present The vvel-
conilni ; nililiPSH VMIH di'llvued by 1'renlilcnt
J M Cuitir , mid ( ujitaln Ale llrlilu of
Mkhlgan nnd C'oloiu'l II T. Leu of Illinois
iloll\i > iuil pnlrlotliudditsHiH ItfHolntloiiH
uen , ndoplcil lu'uitlls mippjrtlni ; the nhjic-t
nnd alms of thu Hhlloh lattlelleM ! UHNU-
i lallon Otntiinliillnco delivered tlui
cloilai ; acMit.vf , which vvnu nn eloquent
appeal to the Jllue anil Urey to chtuxli it
splilt of union anil puiuo to nil parts of
thu eountiv Thu band played Home ,
Huiet Home , " anil thu nsnutlullnn u < l-
Jounied to meet on thu next nnnlvtitmiy
DoWltfH Llttlo Early Uiaors. Small pill * .
f.ae pills , best pills.
Salt Water Bathing
at home or shore , for health and cleanliness ,
can be clone perfectly with Pearline.
.4 The Pearline in such a bath gives
\ yon luxurious cleanliness. More ,
too. It's a decided help toward
making the salt water do you good.
You don't get all out of it that
you can , unless you assist it with
Pearline.
Soap is out of the question in
salt water bathing.
You can't use soap with salt
water , any way.
Peddlers anil some unscrupulous Kroccrs uill tell you.
" tins is ns uood 04 or "the same as 1'cailine. " ITS
_ . . _ r'AI.Si : : 1'carlinc is never i > ctillcd. ! If your uroecr send *
you an imitation , be honest itnJ it tvi : . U JAMES I'VLli , New Yort.