If such corporation should execute a written contract with all of its employés on taking them into its service, specifying fully and particularly the hours and service required from them, the length of time for which each was hired, and the causes for which he could be discharged, no one would claim that they could vary the terms of that contract, without the assent of the employé. From the manner of the employment of the railroad employés in this country, and especially of the trainmen, there is in good faith an implied contract that the employé shall continue to receive the wages the company is at that time paying for the particular duty which he discharges, until the price is changed by mutual consent, and that his term of service shall continue as long as he behaves himself well and performs the services required of men in his position. This ought to be, and is in equity the implied contract between the parties, although not legally enforceable. But the railroad employé has a right to expect such treatment by the company into whose employ he enters. He is required to be on hand whenever called for, to give his entire attention to the business of the corporation, and he settles down with his family in such place as will make it most convenient for him to attend to the business of the company. His whole services are theirs, his arrangements are all made with reference to their business, and when he is discharged, without any reasonable cause, without any prior notice, or his wages reduced while his labor is not reduced, and, as is sometimes the case, increased without his consent, and the order for that purpose made without consulting him in any manner, he has a right to find fault. He is like a soldier, whose whole time has been spent in the service. His occupation is more dangerous than that followed by others, and the kind of services he has to perform unfits him for other duties, and railroad officers should always take these facts into consideration in dealing with him.
The wages of the trainmen, after the reduction in June, 1877, were as follows, to wit; Freight conductors: first class, two dollars and twelve cents per day; second class, one dollar and ninety-one cents per day; brakemen, one dollar and forty-five cents per day, and the day's work averaged from seven hours and twenty-five minutes, the shortest time, to eight hours and thirty-five minutes, the longest time. These wages were good wages for the amount of labor performed per day, and if the men could make full time, would amount to thirty-eight dollars and seventy cents per month for brakemen, and fifty-five dollars and twelve cents for first class conductors. This was higher wages than the same class of men could get in other employments and seemed to be, as stated by the president of the Pennsylvania Railroad Company, some twenty per cent. higher than the wages paid in other lines of business, the company intending to keep the wages of its men about so much more than is paid in other occupations on account of the risk taken by the trainmen. It is claimed by the railroad officials that the depression in freight traffic on the railroads, both in amount and in price, required a consequent reduction in the expenses of the railroads, and the reduction of June, 1877, they asserted to be justifiable, under all the circumstances, and it is the opinion of your committee that, if before it had gone into effect, the men had been made fully acquainted with the reasons for the step taken, and the necessity of it, in short, treated as if they were reasonable men and entitled to consideration, very much of the dissatisfaction would not have existed, and the country might possibly have been spared the troublous scenes through which it passed at that time. No doubt the fact that a strike of the trainmen of the Baltimore and Ohio railroad had taken place at Martinsburg, West Virginia, on the 16th of July, and was gaining strength and headway, had its influence in determining the trainmen of the Pennsylvania railroad, at Pittsburgh, to commence their strike at that place, and, in consequence thereof, a much less grievance was needed than would otherwise have sufficed, as an excuse for their action. The fact, also, that the trainmen on other railroads were rapidly following suit, and stopping the running of freight trains on such roads, encouraged the men to persist in their course to stand out and prevent, by force, trains from being run on the Pennsylvania railroad.