The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-08-07
THE COURTS.
A Railroads Duty as a Com
mon Carrier.
NOVEL MANDAMUS PROCEEDING.
Compelling Illegal Testimony Against In
indicted "John Doe."
MANDAMUsING A RAILROAD.

MANDAMUSING A RAILROAD.
A somewhat novel use OF tho writ OF mandamus is
sought to be made, as appears by motion presented
70 Judge Van Brunt IN supreme Court. Chambers,
yesterday According to the story of Henry c. olsn
for the past TWO months Receiver Jewet the gen.
eral ana freight agents Of the New York. Lake Shore
and Western Railroad Company have upjusty refused
10 transport in their oil tanks TO weehawken oil docks
IN this city, according to the fixed rates. large guam
lily OF crude petroleum which he has stored at their
ptatiou In Carrolton, N. Y. The answer which tho
rompany's agents g,ve TO MS request Is That
they could give him transportation as long as 'he
sars were required by Pratt Co., OF Now York. win
whom the company has contract he iurtner says
that withstanding this statement Of the CON-
papy,s agents. there standing AZ the station
ireouently number OF empty cars, and at the same
time tney were transporting oil for Pratt Co. nj
lower rates than offered, thus giving the latter
monopoly TO the exclusion Of all Others. such con-
quot he asserts, detrimental 10 tho public, IN
that raised the Drice oil OIL 10 the consumer Upon
,h,s auaged state of facts Glen obtained from the
Court an order directing the pany TO show cause
Why a peremptory mandamus should not Issue 10
compel ihsm 10 forward his oil at current rates OF
iransportaton. This order returnabe yesterday,
md argument was heard thereon before Judge Van
Brunt, the plaintiff being represented oy ex-Judge
Jones OF the Superior Court, and the railway COM
,sny by sx-Judgo shipman. OF the United States
Court The answer submitted on the part Of the
they supply him with oil tanks, matter which was
within discretion, and not obligatory unoer inc
sompanys general obligations as oomm"" oafr rs
pdy by action Tor any damages sustained;
lnd under It's charter, the COMPANY vas ~,
lines but according TO ability and with reasonable
Uew 10 their interests as private corporation,
and that applications Tor writs OF maodamus TO COM
Dol the company carry particular reights for par
ocular persons from one point to another are beyond
the power Of the Court TO entertain and nave uni
gnrm been ref
Ex.Judge Jones, arguing favor OF the application,
pontended that this was not case Of refusal 70 carry
II any particular time, but to carry at any
limo, and which mandamus would
lie to compel the company TO perform us
duty as common carrier; the road could
not devoted TO the interests OF one individual by
combination ana by giving monopoly detrimental
ton could be allowed 10 divert It's franchise 10 Ills
own or Others private benefit and neglect tho duty
they nave undertaken as public carriers There was
no specific and adequate remedy BY SUIT AZ law ior
The damages could not be specified, and an action
might result in nominal damages
In arguing against the granting OF the writ Judge
5hpman commended that II would De Impossible Tor
The to become superintendens Of tramc on inc
railroads. An action for any possible damages would
lie, and constituted bar to the man.
Janus proceeding The relator was excluded from
The benefit oil rule '.hrst come hrst served" Tor
he asked all the goods offered by him 'imme-
iiatelyn iran sierred, though he might oner more
than all the oil tanks In the Untsd States would hold
IL was monstrous TO attempt TO establish absolute
sontrol this Railroad and tho fact was that for
wnoe wear past Mr. Pratt was the only person Offer
,ps ans, treigns The rsa,or had been Transporting
over other roads, got into difficulties with them anu
then came down upon the DEFENDANTS, who were ACT
ing in the matter In perfect good faiIn
Judge Van Brunt took the papers, rcssrving his de-
cison.
INTEMPERATE TEMPERANCE ZEAL.
A liquor dealer named Henry schram appeared in
the Court OF General Sessions yesterday IN obedience
TO subpoena from the District Attorneys ONCE re-
curing him testify against "John Doc" aud pro-
duce the license granted him by the Excise Commits
sioners. Mr.. John o, Mott, who appeared for
Echran, called attention of the Court TO tine pro-
ceediugs by which his client had been summoned to
appear without any warrant or authority oil
law Schram mad not been summoned Dy tho
District Attorney, for there was no such
The proceeding was the Invention OF a
seIf-constltuted prosecutor, Mr. whitney. OF
Dr. Crosbys society. He COMMENDED tnat ciIizens
duce evidence against themselves IN criminal pro-
ceedngs 1t was nigh time that the rights OF 9th
gems should be respected ana such hgh-nanded pro-
ceedings stopped. Assistant District Attorney Her.
ring explained that he know nothing Whatever OF the
issuing OF the subpoena The proceedings had boon
Instituted by Mr.. Whilnsy, who acted with zeal, out
was ignorant the law on the subject Judge Glider
sleeve Immediately oischargei Scnram. In the DIS
trct Attorneys Office II was stated that the subpoena
on Schram had been issued by direction OF MT Whit
ney. who stated that Assistant District Attorney Her
ring had given AN order TO that effect. Schram's
presence In court sought by the officers oil DR..
Crosoys society, who haa taken these steps with tho
view OF hav ng his license revoked, as had been done
In the case OF Rupert
HOUNDED ON TO CRIME.
Henry l.. johnson. clerk in the employ Of John
H Anderson & Co., importers Of dry goods No. 76l
Broadway, disappeared in March. 1877, taking with
him about $40 which he mad collected for his nm
ployera He returned 10 the city short time since,
surrendered himself TO his former employers and was
indicted Ior embezzemenL In tho Court OF General
Sessions yesterday, arraigned by Assistant Dis
trict Attorney Herring, johnson pleaded guilty and
made an apparently truthful statement TO the Court.
He said thai he was twenty-five yours oil age and a
naive Of Georgia years ago Vicksburg Miss,
while soldier In the Uniied states Army ne had
killed man IN seIidsfeuce Ho was tried an d
acquitted, ana then came on to New York, whore ho
fuu nd employ IN the house OF ANDERSON Co. be
followed TO this city BY friend Of inc murdered
previous career He then became desperate, took 10
drink, and spent the money oil ms employers Judge
Cildersleevs said he inclined TO believe Johnson
uory and ala not think he a'profcssona Grim
mai He would therefore, instead OF sentencing him
state Prison, send him TO the State RelormaIory al
Elmira, NJ \.
THnLE BURGLARS SENTENCED.
The apartments OF Mrs Margaret Weiss, at No liza
rhryste street, were broken open on July and
robbed OF jewery ana clothing vaueda t $780, Harry
Mcfarland, Harry Williams and Charles smith, three
voung men who had rented a room adjoining that OF
Nrs Weiss we're arrested and admitted that the mad
uolcn the property. Among the persons who came
10 see what disposition would be made oil the pts.
pners by Judge BixDy was ayoung giri named Re-
becca Brady, VINO wore dress which Mrs Weiss
recognized a portion OF tho stolen properly,
whereupOn enc had Rcbecca arrested. Whcn the
Iour prisoners srraigned py Assistant District
Attorney Herring, tbe Court OF General Sessions,
yesterday, the young men pleaded guiiy and cxoner-
ated the female prisoner, who. they said dad not
know Inc dress was stolen. Judge Gildersleeve AIS
charged Rcbecca with a reprimsnd and sentenced
Mcfarland, Williams and smitn 70 eighteen months
each Ia State Prison.
SUMMARY OF LAW CASES.
On application In behalf OF George Morris, seaman,
Judge sinnotI Of the Marine Court, issued IN ORDER
Of arrest yesterday against one Brown, mate OF the
brig Florence N. Genovan. Morris charger Brown
with having committed aggravated assault on him
while on the nigh seas
John Hsa was arrested in the public street, having