Omaha Daily Bee Newspaper, April 6, 1894, Page 2

2 GETS RECOGNITION (Continued from First Page.) the schedules of wages of the employes forca when they were appointod, and adopt and reduced schedules has not been uniform and harmonious; and since it fs desirable and neceasary that any order made on sald petition should have a uniform operation upon the lines of rallway operated by said receivers throughout the circuit; and since the receivers evoked and an nulled their actio taken order- ing new wage schedules into effcct on the 18t of March, 1864, and have resolved tha the entire matter of new wage schedules be held in abeyance to awalt further action of the court, It is now here ordered as follow That the petition of the receivers to set aside and annul the schedules wages of the employes on the Union ciflc system, In force when they were ap. polnted, and to adopt new scihedules equaliz ing and, In some cases, reducing the wages of the employes, be sot down-for h » cfrcuit judges at Omaha, th day of March, A, D., 1894 “That the receivers forthwith, or as soon as may be practicable, invite the proper representatives of the employes on waid system to attend a conference at Omaha Neb,, commencing on the 15th day of March, 1894, for the purpose of conferring with § H. H. Clark, recefver, (who Is hereby specially designated and sclected to conduct sald conference on behalf of the Feceivers) and such other person or persons as he ma: select to act with him, at which conference the entire matter of proposed changes in wage schedules shall be taken up, and, as far as possible, agreed upon between the safd Clark and said representatives of the omployes. Such conference to continue from day to day until such agreement Is réached “Third—That in case there are any matters in difference remaining unadjusted, h matters of difference shall be clearly and specifically stated and presented to the conrt in writing on or before said 27th day of March, 1804, and the hearing herein shall procecd as to such matters in difterence bhe. fore the circuit judges holding the court and after hearing the parties and thelr wit and counsel the cireuit judges will make such order in the premises as may be right and ju “Fourth t the receivers grant to such representatives of the employes leave of ak sence to attend sald conference and hearing, and furnish them transportation to Omahu and return. (Signed) HENRY C. WALTER H CALDWELL SANBORD ircuit Judges.” CONFERENCE WITH THE OFFICIALS, In compliance with the terms of this order a conference between Mr. Clark and his as- sistants and the officers of tne several labor organizations representing the employes of the court was held in Omaha. At this con- ference an agreement was reached as to the rules, regulations and schedules relating to the train dispatchers and operators, which liave been reported to the court and confirmod. This was one of the most diffi- cult schedules in the whole list to adjust, and the satisfactory agreement reached in the confereuce shows the great value of a good tempered, calm and intelligent in- ry in which Yoth sides are represented, and in which both sides learned, perhaps for the first time, the ground on which the mand is made by the one and resisted by the other. The recel had declared to the court, in their petition filed on the day of January, 1894, “That after car consideration of the matter and consulta- tion with the managing officials of the Union Pacific system they are of the opinion that the so-called rules, regulations and sched- ules of pay for tain dispatchers and oper- FRUITLESS nd ot bring FOUR cou coin 1o thik office i of this superd work told by the 1 MAGNIFICENTE Klory of he 5 on Doth sid: v ILLUSTEA ¢ SERIES NO. 6. DICTIONARY. Only that nuwnbar of thy hao eoveay, 1 W the serfes number. of the preseated, will b detvers — NI Santay and Thres Weeleday coupns, with 13 contsin ola, E will buy one part of The American Encyol Dic- tionary, Lorbring to Tha Bee Ofice. Mailshould be'addressed to DICTICNARY DEPARTMENT SERIES L. Apcil 8, 1894, BOK OF THE BULDERS, Bring 6 (Chupous with 25 cents, on 16500t by mail with 30 conts tunps accepted.) Bo sur the work desived. in coin Send pub uo the numbor of ouly onee 2 Weeks, 43 bookks ar ted only that often ddress Momarial Dopact mont, Omuhn Bos, APRIL 8, 1894 Art Portfolio. Back Humber Coupon, No . Fill in all the numbers you desire and bring or mail to Art Portiolio Department Omaha Mes, enclosing s'x of these Cous pons with 10 cents for each part desived. | | cannot be accepted by the | what | means ufneceasary, and they only decided to disaf they havé also declded prepare ov establish any rule 1 regulations In leu thercof, and with respect thereto your rec advise your honors that al! .f dispatchers and telegraph ployed on monthly sala termined in conside stances of each particular c tended to cover all of the ¢s and all the time necessary in which (o perform the service required from each of sald (rain dispatchers and operators at the several respective statlons on the line of the Unlon Pacific system And yet at the conforence held under the order of the circuit judges the. position assumed by the receivers in their petition to the court was found to be untenable and abandoned, and rules and regulations erning telegraphers’ wagos adepted It would serve no usefu! purpose here to the causes which, in the opinfon of urt, prevented an agreement between the conferees upon rules, regulations and wchedules for the other branches of the service, It I3 sufficient to that they were of a _character which do not any degree militate against the usefulness or eflicacy of conforences or the ability or fairness of the Freed from the state of things the erroncons proceedings sivers in the b is highly prob: would have agree ling to agre entirel but Wil not aters have firm< the & that the ar therefore sald train yerators are em- which de- a1l the clreum and are in tion of state the ¢ in conferees brought about by of a majority of the ¢ ginning of this husi.ess, it ble that the conferees upon all the schedules the matter was brought before the court In accordance with the order made by uit judges. At the appointed time receivers appeared In person and by at- torney, and the employes by the officers of the several labor organizations to which they belong, and by their attorne Upon catiing 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, 1804, approving the rules, regulations and schedules framed by the receivers without notice to or con- ference with the employes affected there and also setting aside and vacating th of injunction entered at the same time. court then announced to counsel that the rules, regulations and schedules in force when the receivers were appolnted were still in force and would be held and treated as prima facle just and reasonable, and that the burden was cast upon the receivers to show that the wages received by the court's mployes under the existing re were in excess of a fair, Just and r compengation for the service performed, tak- ing into consideration all the circumstances and In view 6f the existing conditions. The hearing procecded on these lines, and the court listened for a week to the testi- mony of witnesses. SUPREME DUTY OF THE COURT Before stating tho conclusions we have reached upon the facts it will be well to state the leading principles which courts of equity must keep in view in this class of cases. | When a court of equity takes upon itself the conduct and operation of a great line of rail- road the men engaged In conducting the business and operating the road become the employes of the court, and are subject to its orders in all matters relating to the dis- charge of their duties, and entitled to its protection. The first and supreme duty of a court when it engages in the business of op- erating a railroad is to operate it efliciently and safely. No pains and no reasonable ex- pense are to be spared in the accompl! ment of these ends. Passengers and freight must be transported safely. If passengers are killed or freight lost through the slight- est negligence to provide all the means of ety commonly found on first class roads, the court is morally and legally responsible. An essential and indispensable requisite to the safe and successtul operation of the road s 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 is made in the fullest man- ner here— the court will not, upon light or trivial grounds, dispense with their services or reduce their wages. And when the schedule or wages in force at the time the court assumes the management of the road is the result of a mutual agreement between the company and the employes which"has been in force for years, the court will pre- sume the scheule is reasonable and just, and any one disputing that presumption wiil be required to overthrow it by satisfactory proof. NOT GOVERNED BY RECEIVERS' It is suggested that upon this question the court ought to be governed Dby the recommendation of a majority of the re- coivers, The suggestion is without merit in this case for several reasons. Four cf the five receivers are not practical railroad men, and are not familiar with the sub- ject; two of them are lawyers residing iu New York, one a merchant residing in Chicago and one a railroad accountant, hav- ing, doubtless, a thorough knowledge of the books of the company, but knowing notling about the wage schedules. These four gentlemen are eminent in the line of their professions and pursuits, and entirely pable of managing the financial affairs of this great trust, for which- purpose they were, doubtless, selected, but their opinions upon’ the subject of wage schedules is con- fessedly of little value. The court shares in their anxlety to have an economical ad- ministration of this trust to the cnd that those who own the property and have liens upon it may get out of it what s fairly their due. But to accomplish this desirable result the wages of the men must not Le reduced below a reasonable and just com- pensation for their services. They must bo paid fair wages, though no dividends « pald on the stock 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 first $16.000,000 of stock issued this company re- coived less than 2 cents on the dollar, and that the profit of construction represented by outstanding bonds was $4 328,534, These facts are disclosed by the veport of the “commission of the Uuited States Pa- cific Rallway company” In 1887, of which Mr. Anderson, one of the receivers in this cise, was a member. (See report, pp. 61,137.) There would seem to be no equity in’ reducing the wages of the ®employes below what s reasonable and just in order to pay dividends on stock and Interest on bonds of this ch The recommenda- tion of the receivers to adopt their schedules ourt. for another was adopted with- reason. That schedule or their repre out affording to the men sentative any opportunity to be heard. This was in violation of the agreement existing between the company and the men, by the terms of which no change of the schedules was to be made without notice ! to the men and granting them a hearing. | This error. The re- notice and in- even it requiring fundamental have given to a conference there was no contract ul. In apswer to this objection {o their mode of procecding it 18 sald the ter of the receivers and the order of the court extended an unity to the men to protest against the new schedules after their adoption. o men could have smaull hopes of a fair and Impartial hearing after the receivers had prepared new schedules behind thelr backs which were declared by recelyers and the court to be prin facie fust and reasonable. This was much like first hanging a man and try him afterward small consolation the vietim of the mob to be told he shali have a trial after he 1< hanged, 1t {8 further sald that the recelyers had the right to 1 noi the old sehedules and adopt the new s the old ones were mere ex ccutory contracts. Thore are some execu tory contre which rocoivers may re nounce, but they cannet claim the benefit of such contracts and the same time nounce their burdens his is precisely vas attempted to be done by tho re colvers In this matier: they renounced th old schedules and adopted new ones reducing wages, but seemingly with no idea of solving the men from the duty of continuing to work and operate the road, for i thoir petition they ask that their schedules ho oufirmed by the court, “wnd all of tho said wployes directed to conform thereto.” Th recelvers were the first (0 broak the contraet between the court And ity employes, hut if the had been 1 unt could not b lirecied ¢ Ren 0 con in formance of ‘a sery snnot by and e For a breach the only redress the law action for the dumeges ORGANIZED LABOR IS ORGANIZED CAP . ITAL The court is asked to apply was a rs should the men celv vited 0 to Jecause ietion by any other f such a contract aftords is a clvil pains to the em- ivers further | OMAHA THE ployes in its service the prineiples of the | early English statutes, which, by the {m: | position of heavy pains and penalties, forced laborers to werk at fixed wages and made it an offense to seek to Increase them or to quit the service of their employer, The period of compulsory personal service, say as a punishment for crime, has pas‘ed in this country. In this country it Is not un lawful for employes to associate, consult and confer together with a view to maintain or increase their wages, by lawful and pea ful means, any more than it was uniawful for the recelyers to counsel and confer to- gether for the purpo'e of reducing their wages. A corporation {8 organized capital; it is capital consisting of money and prop erty. Organized labor Is organized capital it is capital consisting of brains and muscle What it is lawful for one to do it is lawful for the other to do. If it fs lawful for the stockholders and officers of a corporation to asoclate and confer together for. the pur- pose of reducing the wages of its employes, or of devising other means of making their nvestments profitable, it is equally lawful r organized lahor to associate, consult and confer with a view to malntaln or increase wages. Both act from the prompting of en- lightened selfishness, and the action of both 1% lawful when 1o fllegal or criminal means re used or threatened. | It 1s due to the reccivers and to the | managers of this property to say that they have not questioned the right of the labor organizations to appear and be heard in court in this matter, and what they have id about these organizafions has been in mmendation of them and not in disparage- ment, Men in all stations and pursuits in life have an undoubted right to joln to- gether for resisting oppression or for mutual assistance, Improvement, [nstruction and pecuniary aid in time of sickness and dis- tress. Such assoclation commonly takes place between those pursuing the same oc- cupation and possessing the same Interests. This is particularly true of men engaged in the mechanical arts, and in all labor pursuits where skill and experience are required. The legality and utllity of these organizations can no longer be questioned. RIGHT OF MEN TO BE HEARD. The action of the recelvers is objectionablo upon another ground. It would be difficult to devise any action better calculated to provoke a ‘“strike.” The method of adopt- g the new schedules was calculated to arouse resentment in the breast of every - self-respecting, intelligent and independent man in the service. While they might have been willing to acquiesce in the reduction of their wages, they were quite sure 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 hody withont Biving them an opportunity to be 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 re 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. It is fundamental in the jurisprudence of this country that no court can rightfully make an order or render a judgment affecting the rights of one who is absent and who has had no notice. The requirement that the court or any other tribunal shall hear before it decides Is much older than Magna Clarta or our constitution. It was written in the book 3,000 years ago that “He that answereth a matter before ho hearoth If, it is folly and shame unto him. A further and conciusive answer to the contention in favor of putting the receivers’ schedules in force is found in the fact that Mr. Clark, the only one of the recoivers 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 its service, at reasonable cost, intelligent and capable men who have carefully guarded and pro- tected its property and business interests until the traln service upon the Unlon Pa- cific is today equal to any of the great rail- way systems of the country. Upon the question of the reasonableness of the old schedules we have had no (rouble fn coming to a satisfactory conclusion, The record shows. that all that portion of railroad mileage where excess mileage has been ‘allowed runs through efther a mouns talnous or desert couniry, where the men engaged in the operation of trains hove to contend with heavy grades, and where the winters are long and often severe, and where the hazard of operating 1s necessarily greatly increased. There is practically no agriculture and the cost of living is much greater than in an agricultural region. As stated by Mr. Dickinson, “It Is a pretty tough place to livg."” The system of pay- ing excess mileage, Mr. McConnell testifies has been in vogue over since the road was built, and was allowed because the coms pany had difficulty in obtaining men who would stay in that region of country. If this system was a good thing for the com- pany when operating the road, it is a good thing for the court when operating the road. | As a result of this system men of intelli- gence and character have been induced to enter the service and to establish perma- nent homes in regions of country where there is practically no business except the business in which they are engaged, and where, for many reasons disclosed by the evidence, it {s not desirable to live. A system of rules and regulations by which the company has been able to bring nto its service and retain for twenty-five years, in some instances, the class of men who have appeared before the court at this hearing, certainly commendable, and meets the entire approval of the court, PRESENT SCHEDULES ARE JUST. In the opinfon of the couri the allowance made by the schedules now in force is just and equitable when all the conditions are considered. The employes, under the pres: ent system, share the burdens of diminished business. They make less mileage and get less pay per month. The rate now paid is not higher than the rate pald on other lines operated through similar country and under like conditions, and, in the opinion of the court, is not higher than it should be for the service rendered. Some of the employes with large families to support are seldom more than a few days wages in advance of want, and if their present wages were materially reduced they could not live. The highest and best service cannot he expected from men who are compelled to live In a state of pinch and want. Itisa gratifying fact that the officers and ropresentatives of the labor organizations of which the men interested in this hearing are members have unanimously assured the court” that whatever judgment is rendered in this case will be accepted by the men as a settlement of the dispute, and that in no event, after such a hearing as has been accorded’ tothem in court, will they “strike.” We are confident these assur- ances will be kept. When property is in the custody of re- ceivers the law declares It to be a con- tempt of the court appointing them for any person to interfere with the property or with the men in thelr employ. ~ No injunc- tlonal order can make such unlawful fnter- forence auy more of a contempt than the law makes It without such order. Such | orders have an injurious fendéncy, because they tend to create the impression among men that it fs not an offeyse to interfere with property in possession of recelvers or with the men in their employ unless they | have been especially enjoined from so doing. This fs a dangerous delusfon. To the e | tent that a speclal injunction can go in’ this | class of cases the law itself (nposes an: in- | junction. For this reason no injunctional | order will be entered in this case 1 T conclusion we may be indulged In give ing expression to the hope that In future differencos about wages between courts and | thelr employes, at least—and wo' would fain hope between all employers and “‘employes— resort may be had to reason and not to pas- to the law and not to violence, to the and not to a “strike.” It Is a re. \ to our civilization that such differ- nees should result, as they often huve, in peraonal ¥lolence, 10ss of life, destruction of pronerty, 1oss of wages to the men and loss of carnings to the employer, und, when they ocenr on great lines of railtoad, great dams age and (nconveniones to the public | An order will be cutered i the district of Nebraska contiouing the present schedules (subject to tho wiwdification as to delayed or svertime) (n fuil forco and effect and setting asido the o wade by this court on the a7th day of ry, 1804 | Also_a dirceting the recelvers to | cause 500 coplos of a complete record of this cause, including the pleadings, evidence, opinion and orders enterad In the several | districts, printed and dixtributed as provided { in the order Also an order roquiring vei to cndiug the DAILY BEE FRIDAY { conference ordered |»’\ the circult judges and while attending i iearing An order will bg eptered in the districts of Colorado n'w"fl ming modifylng the orders entered In 4hosy districts on the 26th and 27th days of February, 1804, to conform to the order nowA@figred fn the district of Nebraska, rolating to the rules, regulations and schedules of pry. ORDE '.h'} Fue covnr. Statas of the WHE) Question Fixed by dudiriad Mandate, The following is_the official order of the court it is ordered, witR the following amend- ment as to delayed or overtime, viz.: In leu of article vy, (lngineer's old rules,) Delayed Time—No overtime shall be al- lowed unless the time on duty has aver- aged loss than ten miles per hour, time to ;\1- computed from the time first named to eave. In llet of article old rules) Extra short runs not provided for in the schedule of runs. All short runs of less than 100 miles, and no other milea made on the same day, 100 miles will allowed, overtime after ten hours. Add to section 1 of article ix. as follows It is expressly understood that grievance committees authorized to represent engineers shall have access to the proper officials for the consideration of cases of violation of rules or regulations governing conditions of employment, Firemen—In view of the present string- ency in all matters pertaining to labor and corporations, we, the firemen, are willing to share with this court the burden of ex- pense to (he extent of conceding overtime accrued in less than ten hours on all trains; that the schedules of pay and the rules and regulations for the guidance and gov- ernment of employes engaged In the opera- tion of the various railway, railroad and telegraph lines and other properties of the Union Pacific _system now operated by §. H. H. Clark, Oliver W. Mink, E. Ellery An- derson, John W. Doane and Frederick R. Coudert, recelvers herein, which were in force upon sald Union Pacific system at the date when the property of sald Union Pacific system passed into the custody and control of sald receivers, under and by vir- tue of the orders of this court, shall be con- tinued in full force and effect by the said recelvers, thelr managers superintandents and officers, until changed by agreement between the receivers and tha officers or representa- tives of the labor organizations ropresent- ing the employes engaged in the service of operating said Union Pacific properties under sald receivers, or by the order of this court This order shall apply to all the roads, in- cluding the St. Joseph & Grand Island rail- road, and to every department of service under the receivers in relation to the opera- tion and busincss of sald Union Pacific properties. It 1 further ordered that the recel shall have 00 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 wage scileduies proposed by the recefvers herein, printed and securely bound, each volume to contaln the complcte record, properly in- dexed, of all proceedings had in the several courts relating to this subject, beginning with the petition of the roceivers, and includ- ing the petition, the answers of the em- ployes, the testimony taken at the hearing before the court in the eircuit court for the District of Nebraska, and all opinfons of the courts filed, and gll grders made by the cir- cuit courts in the Seybral districts. The cost and expense of prhpdrfng manuscript, print- ing and distributing shid record as by this order directed, shall be paid by said re- ceivers out of {he,trust funds in their hands, It is further orderedl that the copies of said record, when printett and bound in volumes, shall be distributed by the receivers as fol- lows: Twenty-fivesvalumes each to the cir- cuit judges of this circuit, ten volumes each to the district judigesicf this circuit, 100 vol- umes to the receivets, forty volumes to the representatives ofilie employes, 100 volumes to remain in custody of the clerk of this court for distributionas the court may from time to time diregs It is further orflerdd’ that the delegates or representatives ofi the’employes engaged in the secvice of' operating the raflroad and telegraph \Unes -of ythe, Union Pacific system under the receivers, who were in attendance upon the conference ordered by the circuit Jjudges ahd in attendance at this hearing, hall be allowed their reasonable’ expenses during the time they were attending the conference and hearing, upon the basls here- tofore allowed by the company to men at- tending a conference between the officers of the company and the men, and the receivers are directed to pay these expenses out of the trust funds in their hands. It is further ordered that the order and injunction relating to wage schedules, here- tofore_entered in this court for the district of Nebraska, on the 27th day of January, 1894, be and the same is hereby set aside. HENRY C. CALDWELL, United States Circuit Judge, Eighth Judicial Circuit, JOHN A. RINER, United States District Judge for the District of Colorado, sitting in the United States circult court for the district of Nebraska Dby request of the clreuit judge. The order for the districts of Colorado and Wyoming are 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. EVE| vil. (Engineer's be YBODY PLEASED, Labor Leaders Jubilant Over the Court's Declsion—dudge Thurston's Opinion. Satisfaction was written all over the faces of the men In the court room when the read- ing of the opinion was concluded. From the very start of the reading It was apparent that the opinion was a substantial victory for the men, but none of them had at least ex- pressed a hope that it would be so complete and sweeping. When the reading was con- cluded, and the judge announced that the court would take a recess until the order should be entered up, the men fell to and congratulated each other, and crowded for- ward to shake hands with Judges Caldwell and Riner. All was confusion for a few min- utes, and then the crowd in the court room gradually melted away and the men went back to their various boarding places. Mr. Vroman, chairman of the engineers grievance committee, said he did not wish o be quoted any further than to say that the decision was eminently satisfactory to him and that he considered that the men had only obtained what was 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 Riner. From the start they had expected justice at their hands and they had received ft. It was & great -victory not only for the men on the Union Pacific, but for organized labor every- where. ot Grand Chief Clagkoof the conductors said that the decision was-an eminently just one and the men weedl fully satisfiod. They were prepared to-ebide by the decision of the court whateveriit had beon and they were more than qeased that the living up to it would be 0 plaasant, Gilliland of the telegraphers and Clark of thie trainmen exprgsagd their approval In no less emphatlc terms,4nd, In fact, there was but one opinlon (g; gxpress by the men and to repeat thom would be but to tell abso- lutely the samo stery in different words, JUDGE THERETON SATISFIED, ieneral Attorney Thurston of the r celvers, asked w §opo had to say in re- gurd to the opinfod“be the court,” replied “The decision reéflevBs the recelvers and managers of the koad of a great responsi- bility. 1 think' éVervbody concerned is glad 10 have the court t8kEthe ponsiblility, as a reduction In waged (¥ alwags necessarily un- popular with the men and disagrecable the mannkers., I had hoped (hat it court found the old schedules were and ordered thelr oentinuance it would order a restoration’ of the pay of all unorganized employes who wore affected by the percentage cut of Septomber 1. 1f this effort to reduce tho whges Of the organized employes was not justifled by existing cir cumstances then cerfalnly the percentage reductlon of non-organized employes was not justified, und unless all employes are to hare i the burdens of the ‘chauged con- ditions it I8 manifestly unjust o make any one class do 0. to the Just SANKED THE COURT, iglneers Expres and by he following preambl resolutions unanimously adopted the general adjustment of the Brotuertood of were APRII Union Pacifie April 5, 1894 Locomotive Engineers on th system In session at Omaha Whereas, An effort has been made by the managenient, unider the recelvers, of the Unfon Pacific system of rallways fo reduce the schedules of pay and to abrogate the rules, regulations and conditions of employ- ment of the employes of said system en- ed In traln and engine service and to substitute others therefor, the same having been sought to be accomplished without proper notice and without a free and falr hearing of sald employes, and Whereas, The employos of sald systom engaged in sald service have sought to have their objections to such action on the part of such management fully and fairly heard and determined by a court having jurisdic- tion in the premises, and Whereas, By order of Judges and Sanborn, circult judges of the Judical eircult of the United States, a and falr hearing has been accorded omployes at Omaha, Neb., Circult Judge Caldwell and District Judge Riner of the District of Wyoming sitting, commencing on the 20th day of March A. D. 1804, con- tinufng from day to day until completed, and Whereas, of all ob; Caldwell Eighth full sald After said full and fair hearing ctions made by the said employ the said Judges Caldwell and Riner have taken the matters presented at sald hearing under advisement, and after full considera- tion have made thelr order touching said matters in sald proceedings and the hearing thereunder. A new era has been inaugurated and a soverelgn 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 sald judges organized labor has received com- plete judicial recognition and given a 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 hoard of adjustment, do most heart!ly approve and concur in the spirit and interest of the court in thelr action and methods of disposing of such cases, and pledge ourselves to use all the Influence in our power with all laboring men directly and indirectly affected to yleld a cheerful obedience to the order rendered, and concur in and perpetuate the principles thus established; be it further Resolved, That these resolutions be spread upon the records of said board of adjust- ment, a copy furnished the Assoclated pres: and a copy taker home by members of board, and requast that they be read their divisions ir open session at least once every three monti s, and urge upon the mem- bership of the britherhood the value of ad- hering to them, 1lv admonishing _so- briety and_jmprovement of our member- ship, morally, ally and_mechanieally. D. H. BREES, W. W. HALL J. A. RANDALL, Committee on Resolutions. The resolutions after heing read were signed by the whole body of engineers pres- ent as follows: George W. Vroman, chair- man; E. R. Fonda, secretary; A. Filood, J. L. Simpeon, W. H. Fikes, D. H. Brees, A. . Roberts, Thomas R. Reid, William Leth- bridge, Thomas Oliver, W. W. Hall, A. Preece, W. J. Ingling, J. A. Randall, J. E. Toner, J. D. Matherson, Harry Maxwell, Peter Grant, Thomas Keating, George O. Barnhart, F. A. Levitt, alternate. B S MENT “HBrother John" at Boyd's. There is an old saw which says that the #ood 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 Johu,” made a pronounced hit last evening. While theré are faults in the construction of Martha Morton's play, they are faults of commission rather han of omission. Yet there is no denying the fact that it Is the very best play seen in Omaha this season. As a study of character it is worthy of a place alongside Bronson 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 shine. in_the world of society, and it draws in no uncertain tone true to life pictures of the parasites who feed on aspirants to the favor of Dame Iashion, having nothing but money (o push them to the front. While the first act s a bit tiresome the remainning acts make up for any short- comings In the introductory. Too much cannot be safd of the fourth act, which is a gem from the most critical of stand- points, the bit of tender pathos over the game of chess, and the mating which is inevitable, for John Hackett does not play a good gume of chess, Is a wonderfully artistic bit of work on the part of Miss Morton, who at a single leap has reached the heights aimed at by all aspiring authors in the dramatic field. “Brother John' is by no means a’ one part play, and Mr. Crane is to be congratu- on’ the ‘gencral excellence of the s supporting h, John Hackett, 1l-to-do_hat manufacturer of Bethel, plece to Senator Rivers,” and one hardly knows which to admire most, the homely ehar- acterization of the down east hat maker or the brilliant senator from the west, who knows Washington life like a guide book. Both are worthy of Crane, both have added to his reputation, which grows brighter and more cnduring with the pass- ing of the years. ‘The men in the support have been chosen with special fitness to the parts assigned them, and they are all character studies true to nature. Joseph Wheelock, who comes mighty near going w excellent as the younger y Hackett, *Boyd Putnam plays the villain with quiet tact and force, while the low comedy part {s in the hands of that veteran actor, J. (. Padget. George tackus is particularly interesting as young soclety swell, while the others ar quite in line with those above. The ladies of the company are not a whit behind the men in ability, Lizzie Hudson Collier play- Ing the lead with a finished style that fs refreshing. Sophie Hackett lives through the cleverness of Anna O'Neill, a_wondor- weet voung woman, while Miss v# Wallace, who looks - for all th like an Omaha society girl, I8 viva- and decldedly winsome in the part of Rolun. Amy Bushby f the ‘company, s liss Idalene Cot is keeping up the reputation of the family in the soubrette role of Maria, which she completely dominates by her excellent ability. And Mrs. Foste adds luster to this galaxy of r who give one of the very best pe of the year. A companion he New Nabobs “The New Nabobs' opened their return engagement at the Fifteenth Street theater last night to a large house. The cast is unchanged, but many new songs, dances and specialties are added to the produc tion as previously given here. The en- gagement continues tonight and tomorrow night, with Saturday maiinee. R Behaved Badly at the Theater. Mrs. Michael McCGraw was urrested Sergeant Sigwart last night for creating a dlsturbance at Boyd's opera house, The sergeant -started to walk to the station with his prisoner, but when he had gone as far as Fifteenth and Harney streets the woman's husband came along and took a hand in the game hy striking the ser- geant and attempting to get his wife out of custody. Slgwart and McGraw had a brief, but very lively fight, which cndea 0 Mike's arrest. Both were charged with disturbance and resisting an officer by Wilters Alliance Elects Oficers, Last night the Hotel and Restuurant Walters alliance elected officers as follows Pregident, Wiliam Lewls; vice president, | ding secretary, H. A secretury, Lucia Bin 1% Tynch, chalys Jimes lerger, 8, K ler, 1" iinch James were Labor union was deferred dley Campbell and D, ¢ nes and J. A to Central election of & treasurer - PERSONAL PARAG RAPHS, elect The Mrs. C. F. Moore of Sloux City of Mme. Norrls Mr. H. A. 'Babb of Denver, a representa tive of the Daily Sun, is In the city on busi ness. Mr. Babl says that enver 13 enjoy Ing a revival of busines J. W. Reese, wife and daughter I roturnod from Vicksburg, where they the winter. They are the guests of Al Mrs, B, F. Marti while in the olty John M. White, a St. Louls journallst passed through Omaha yesterday, enroute to the Black Hills and northwest Wyoming in quest of data for a work descriptive of health resorts and minlng camps of the | country trave by the B. & M. The work | will contain about 200 printed on fin heavy paper and profussly Hlustrated with 1s the guest 1 have | wpent and | the best half-tone views of Black Hills scenery. Take Paine's cel, It is the remedy th First prescribed b NOW IS THE TIME. Get Strength and Health With Paine’s Celery (Z 'y compound. makes people well, the greatest physician this country has seen, it has been used and prescribed and recommended by physictans of every school e orywher As a spring remedy it carries health and strength goes. Food for the muscles is not nerves or brain. pound furnishes the very elen; build worn-out nerve tissues. nerve ceaters and ne izing their blood. and renewed energy wherever it food for th celery com- nts that re- It feeds brain, es, calming and equal- makes rich honest But Paine's action. It Within a very fow days after Paine’s celery compound is regularly taken there will be a marked improvement in the general health; strength frame plumper, breath sy become more enduring, the the spirits better and the I declaring in the plainest will etor- terms a healthler action of nerves and blood. Hundred. ““run-dow and women with all over of men feeling written that their faces, unable to work, without courage, have recovered health, heart and ambition through this remarkable remedy for the blood and nerves. the blood, It purifies the blood. It generally stirs liver Compound. kidneys and the other organs destined to keep sweet and clean the vital machiner A clear, sound mind in a sturdy, healthy body, a bright eye, an clastic step, a clear skin, come without fail when Paine's celory compound Is given a trial with merely reasonable care and regularity. Says Mr. Dudley B. Stratton, one of Wor- cester's best citizens, the prosperous pro- prictor o fthe Lincoln square dining rooms, in a recent letter: “About slx months ago I had a severs attack of eczema. No pen can describe my sufferings. 1 doctored and used all the cures I could hear of, but it was still in my system. “Hearing that Mr. Willlam H. Robinson, with the fewelry firm of Nelson H. Davis, #51 Main street, had been cured of eczoma by using Paine’s cel on that gentleman, and, as a to take this wonderful remedy. What Mr. Robinson told me has been proven to be true, and I take this opportunity to express my gratitude. I will gladly answer any one who ‘may wish to inquire further in regard to_the medicine."” Paine’s celery compound is the greatest ult, started It enriches | blood and nerve remedy that medical science and has yet attained. It makes people well. ;” [ 2 & 2 & 2 2 ‘---’-.--«-----‘-‘: 9 wh to 5 ] i : ? 9 ] : ! ! i ; ! : : ; : : : : : : : : ally leads to dis: Couldn’t recommend a better ne than The Nebraska—Can’t find a larger ticular—Can’t get a neater fit if you are not careless about appears- clay coat, where $13.50. SIKHEN Fora one, who FOR CHILLS TAKE A SPRING OVERGOAT To be well dressed requires ipation, Nebraska 2 EIGHT DOLLARS ——— For an all wool black worsted over- Italian lined— lucky to get onc ¢lse. as good at cal silk mixed black overcoat, or a mixed shade of buff— Get one as good fora ten dollar bill a cand we'll treat no matter you are or where on carth you buy your clothing. Spring Catalogues are still to be had for the asking spr g overcoat to be sure—other. wise you can't _lac considered a fourhundreder—besides it might save you a doctor’s bill—chills obtained from lack of wardrobe, usu- safer place to buy your coat sortment if you are par- ance, and above all can’t find a place on this planct that’'ll touch us on prices, within a mile—IHow are you--then—to beat the old reliable EIGHT DOLLARS For an all wool over- | : : § ~ You ought to sce the z way they're trimmed : coat—splendid fitters choice of two shades, brown or gray. would be tickled to get one as good at $12.50 if the Nebras. ka was elsewher NINEHIETY —_— For a good valued overcoat at $15~The Nebraska says $9.50 —and throw inchoice of two colors—inter. iediate shade of black or the newest idea in dark gray— i i 3 PO COTT TP IVIIPIIIPIIITIOOD fl;‘u. BIRNEY’S Catarrh Powder [Roliaves Oatarrh and Cold & d Instautly by Crial (oatan Bold by drugwists, 50¢. M8 ,MDDY MM nun prdya N .L(!SF‘:"- BYznn swens PRDIOHD NVT 1Y MptpER PN My PTREYSDIPTIN WM BRI MYPLE NN PUDINNYE KT Bep D, Jacobsou & Sou, 130 W. 12 $t, Chleage, ry compound, T calied === —