The Penn's Grove record., 1882-08-05
Is AGITATION.


HtAlutru w NAO AStCA1N
behalf of the people against the Nes
York Central and Hudson River Rail
road Company and the New York
Lake Erie and Western Railroa,
Company to compel them to recetv'
and transmit freight promptly, wer
begun before Judge Haight in the Su
preme Court cha bers. The Court
room was thronged with lawyers and
others anxious to hear the case.
Ex Senator Conklipg Is one Of tn,
counsel for the New York Central and
Hudson River Railroad Company
Attorney General Russell aud ColoDel
Edward G. James appear on behalf Of
the people, and Simon Sterne on be.
half of the merchants.
The case was opened by Simon
Sterue, who made a statement of the
facts of the case.
Mr.. Conkling interrupted to say that
when the papers Were read he would
make a motion to dismiss the proceed
ings.
MI. Sterne then went on TO say that
these proceedings were for mandar
muses. to compel the railroad compa-
mics to forward freight as common
carriers He referred to the freight
blockade caused ny the strike. One
I merchant, whose name counsel men,
toned, had lost over $40, 900 In tropi-
cal fruits delayed at the depot. He
had afidavits fr1m cheese merchants
who had lost upward of $1OO, 900, and
probably 50 0 900, and a~ffidavits OF
| other merchants who had lost upward
o. $50, 900. He estimated the losses
su tsined by the merchants at 81, 900. /.
900 a day.
The defence offered by the compa-
MES was that the freight handlers de-
manded an increase of wages, which
being refused, they struck, and green
and unskiIled hands were put In their
places who were not capable of per-
forming the work. The freight han.
oilers handled from 80 900 to 40, 600 tons
of freight per day, and the regular
men could handle as much freight
In one day as the unskilied l-bor-
ers could in four days. The railroad
companies were not compelled to en-
ploy these green hands, but still they
Insisted on doing so, and q freight
blockade was the consequence, and
great loss entailed by the merchants
Of the city.
Elk Judge Shipnan said this was
the first time in his experience III It
such an application had rel been
made. This was q proceeding for
a peremptory mandamus upon an or
der to show cause. Now, facts must
be stated upon which the maldamus
should be granted. He claimed that
the moving papers did not show such
state of facts or any ground OF law
for the granting of the application.
and therefore the proceedings should
be dismissed. A peremptory man6a-
mus could not be issued until a pre-
iiminary writ has been issued and the
return day expires. This was purely
q question of law or fact for the Court
to decide.
Counsel claimed that the people of
this State were not so interested In this
controversy as to authorize the Attor-
pey General to appear. Nobody had
any interest in these proceedings ex-
cept the shippers and c~onsignees over
these very roads. This was nothing
but q civil wrong between the corpo-
rations and the individual shippers
whose goods have been delayed.
When q mans freight was detained
at the railroad depot he had the right
by al action at law for damages he
had sustained, but not by a mandamus.
No authority had been vested In the
Attorney General by the statute as
that which he had here assumed. 1t
may be said that the temporary ina
bility of the roads to carry its freight
diverted trade from the State. But
this did noa give the Court the power
to grant the mandamus applied for.
His Honor had no mor right to COM
pei the Erie to pay employees an adj
vance of 80 cents per day than he
would have to issue q mandate to COM
pei the strikers to accept Sl.O per day.
An application of this kind could only
be granted where the questions In.
volved were questions of law. The
allegations in the petition, etl coun'
sci said, were & general In their nature
and a legal rig hit could not be enforced
by q summary proceeding, unless tbest
specific facts be stated. The applica
ton was not specific In Its nature, and
was therefore defective; and no cast
had been made on which the Court
could act.
There has been no change In thu
freight handlers strike. At all tn,
piers work seemed to be progressing
E~avorably. Piers l, 4 and 5 of thu
L Il cuuEllNanA1 II
and handling freight fairly well. Thu
New Jersey Central was about dfteei
men short. But little freight came 10
shipment. The New York Contra
had about the same number Of men .
before and received . little faster thai
heretofore during the strike. The Fri
received slowly, and with difficulty
About one hundred Italians were y
work here.
BosroN.-rhe trout shop" paster
at Keene Brothers shoe factory. q
Lynn, who have moved for highe
wages, deny the firms assertion tina
they stopped work without the Arm
being able to learn their reasons
They say q committee from the Las
ers' Protective Union waited upon tn
finn and presented the new list OF prizes
to be paid for lasting. The firm N
fused to recognize the committee. Tn
"back- shop" lasters 1T Keene's factor
saw : Each and every one of us, I