New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-07-17
PRICE FOUR CENTS.
A TALK WITH MR.. RUSSELL
VIEWS OF THE ATTORNEY. EY.GEyERAL. =


city for the purpose of attending to official business
was at the Gilsey House Saturday night In reply 70
the inquiries of TRIBUNE reporter TO the probabl
ity of another adjournment in the proceedings for Q
mandamus to compel the railroad companies TO
ry freight with reasonable expedition, he said Tho
application will come up on Monday for a hearing,
and there will not be another adjournment If it Is in
my power to prevent 10. AS to the snort postpone
ment of the hearing, from the time il was first set
down, it was only reasonable and could not prevents
1t. Il became necessary for the counsel assisting
to the privilege of serving papers the de-
fence up to within two days of the time set for ito
hearing. Under these circumstances the counsel
for the railroad companies wanted an adjourn
ment in order to secure time To prepare
their answer. Any Judge would have granted it 10
them as a matter of right aud 1t wold have been
useless for me to oppose it,"
"Will the Adjournment have any effect on the
case for the people providing the blockade is partly
remoyedp
None whatever, and it would not have any
eves if the strike were to end before the hearing
begins. | do not think that the counsel
Tor the railroad companies asked for
the adjournment any such belief or
for any such reason. 1t would be no
answer to the application to say that the railroad
companies were now receiving all the freight
offered even if that were true, which IL is not. At
the time the application was made the companies
were" not receiving the freight, and that is tho
point at issue. The injunction asked for Is not
TO meet merely this temporary II is to be con-
tinuous, so that if three months from or at any
future tine there is another strike this injunction
will apply and he railroad companies can be pun
ished for not ObeVlng IT, IL VIII Do
p precedent fer such cases, and the merits of the
ise would not he affected because of the termna-
oft he's trik is
ist when the application was made upon when the
Judge will be asked to decide"
success in your application ~ remarked the reporter.
"Yes: great hopes because know that we are IN
tie right Those companies have been
granted valuable privileges and rights by
the people, such as that of eminent domain.
i'm return for which they assume certain Obligations
TO the public aud this is one Of tbam. Fall
lug to comply with this they must be
compelled TO DO 1t aud at all times. If It
a sufficient answer to tho Application for
any obstruction, and that they are now forwarding
Of freight offered then they could raise the block
ade for day or long enough to put in snch an an
swer aud refuse TO receive heght lnInedlatey
alter the court adjourned. And when
another application was made for a nandamns,
they could again 60 through the same proceeding.
That would be ridiculous. For lhat rea-
son the adjournment could in no wiso
affect the merits OF the case. VI course
GREAT losses by the refusal Of railroad companies 10
forward the freigh expedltiously, and shall for
that reason press this 10 az speedy termination
DO you hold that railroad company can DO
compelled TO take a. the freight offered y
1t can be compelled at least TO exercise It's usual
facilities Tor handling frcICh1 and to for
ward such quantities as 1t has been accustomed
has the power to handle. The companies against
the the application for the mandqmus was
made. Judge Cullen has recently decided
that there must be substantial compliance
With the obligations of railroad company to the
public and that these may be enforced oy mand&-
mus. The merits of the strike of the ffrlght-hancr
lers cannot eater INTO the case. However much
might sympathize with their demands that
has nOtling TO do with my Application Tor the ulah-
dor,us That is duty to the public, and whether
or not the railroad companies can ail0Td To pay lho
denauds of the srker- there can be 40 excuse ior
laIlurc 10 perform their obligations to the public
"Who are to be the opposing counsel r.
Ex-senator C0nkling, believe, Is to be one Oh
them and ex-Judge Shlpman and others"
In what condition are the proceedings for ouSt-
ing he directors OF the Metropolitan Elevated Aaii-
II have been asked to begin such proceedings in
of the Interested parties, and by request OF counsel
on both sides the matter WAS ADJOURNED
for two weeks from last Wednesday. AS
soon as the counsel have finished with their argu-
lseuts Will very soon decide whether or not IL 10
the business of the people 10 begin sucA proceed
Some persons have criticised you for hear
ing both sides Oh such matters, asserting
that YOU as Attorney General are assuming ths
functions Oh Judge, ana lnat YOU oueil W u0cuo,
without bearing Tho defence, whether or hOt lho
people have Il cast" remarked the reporter. =,
Yes, L have observed that replied Ms.
Russell; but such criticism Will bot sWeIYe
me flOm q Conscientious discharge oi my duty. The
beginning OF proceedings IN D"haI OK
the people against snch e1rporat,aouS rs
market price OF their stock and Otlcs securities,
aud impair their credit entail large cApenses and
do great injury 20 many inhocent prfSoES. Al a..
this Is done and then 1t turns Out ildi me peops
bad no lust or legal cause To begin such pocccdlnGsy
when that could have been Determined
GelGrenaHG sf9r' for which, ho there is no refcs
So long as / am AtOncy-Oeneral 4 meah 10 IaOVo
carefully 10 hear both SIDES when there Is any 4ue-
ton in my mind to the merits OF IN case and noe
to al ow any suits toe begun III behalf ot the people
for personal or stOcAJobbInS purposes or winch
think the courts viii dec dc are gro1udlcss."
begin proceedings to dissolve the Brooklyn Ele-
YdtcG Railroad comp y
"Ycs; but have not fully investigated the iner-
it's OF the application yet. lhe company Is now IN
the hands OF TWO receivers, where II mas been loo
solae tune. The unfinished structure oi tno
chants and Others complain that great blocks
OF stones aud have lain in front o. nclr houses
for years, causing great loss and anLoJ dnce ana
that nothing Is beng done 10 remedy matters. It
would be secu ifsuch be the facts, THAT there Ought
to be something done TO remedy the present SlaCo
of the cOmpanys affairs. lhe application 10 ne Is
10 bcgIn proceedings to dissolve the company, dis
tribute its assets and remove the Obstruction run
the streets" -,
various rcccyersll.s OF lie insurance ANA other
companies tnat have been III process oI winding up
fOf many years = -,
"Yes; 1 am pushing matters az rapidly
as pOssi bic, but am hiulriea lOr
want of sufficient help. ono of my
Deputies and two of my clerks are giving thelr
entire unc to the final accounting "a these matters.
although 1t does no. properly belong 10 the busi-
hess of my office. but there Is nowhere ese ap-
pareut.y Tor 1t 10 be done. An per cent
dividend IN the Continental Life Insurance COM
pany Is now being paid, which wilt wind up that
company rne Nailoua rust, the GloQe aud the
Atlantic companies are undergoing un1l account
lugs aul have closed up the receNeIsip oi tho
SiVneuuv and two other SAVINGS banhs. Iho
falltne 0f The Legislature to pass an act satis-
factory To the Governor on ths qeS'lon