New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-07-20
DUTIES OF THE RAILWAYS.
ARGUMENTS IN THE MANDAMUs PROCEED.
INHc


The argument in the mandamus proceedings
against the railway companies to compel them to
receive and transfer freight without unreasonable
delay in accordance with their duties as common
carriers. was o1cluded yesterday in the Supreme
Court, Chambers, before Justice Hsght. Attorney
General Russell spoke in behalf Of the peo-
pie and Roscoe Conkling for the companies
Persons approaching the Court House in the morn
ing about IL O'clock were startled by o noise
resembling the roar of many waters, which issued
from all the windows Of the building with equal
force They said to one another that the argnment
in the railway cases, which was started on Tuesday,
had at last got into full and loud motion. This
not true. The noise proceeded from the lungs OF
Assistant District-Attorney Requer, who was op-
posing before Justice Haight stay Of proceed.
ings in a criminal case.
Justice Haght held Chambers in one Of the largo
trial-rooms of the Supreme Court in order, 1t is
supposed, to give the counsel in the railway
freer supply Of fresh air, and more people an op-
portunity of hearing Mr.. Conkling speak. The
counsel for the people were seated
at the bar for some time before there
the defendants counsel A few minutes after IL
o'clock ex-Judge shipman was seen engaged in a
hard struggle to force his way through the crowd
to the seat which had been reserved for him.
few minutes later appeared just beneath the Intel
of one of the doors Mr.. Conkling's lofty head, on
which ambrosal locks like those adorning the front
of Jove when that mighty monarch was wont to
shake Olympus with his nod. were mostly
wanting. Notwithstanding the change OF
rooms both the Justice and the counsel
seemed to suffer greatly from tho
heat. Justice Haight at the opening of the argu-
ment famed himself vigorously with ive-cent fan,
weary arms became weaker until they stopped al
together. The Attorney. General during his speech
mopped his face in his usual quiet, self-possessed
manner, and sat down in pretty good condition.
When Mr.. Conkling had finished his linen IN
sad condition. But he himself appeared to be as
vigorous as when he began, although
he had spoken three hours and half.
THE EATTORNEY-GENERAL'5 ARGUMENT.
Attorney General Russell began his argument at
twenty minutes after ii o'clock. He remarked
that he was somewhat embarrassed in what he had
to say, in view Of the novel manner in which the
other side had presented the case and secured rul
ing from the Court giving them tie right both to
open and close Notwithstanding the sneers and
criticisms of counsel who had opened the argument
he wanted to say that the application had the ap-
prova of his conscience and the favor OF hls official
responsibility. When counsel said that the Attor-
ney-( General would be better employed framing in
dictments against the men who were seek
ing to secure an advance in wages OF
cents an hour he would remind the
law if he conceived that to be the Attorney-Gen-
erals duty under the circumstances. He gave
notice that he should claim ia that the fesp0ndeats
had practically admitted the facts; and that there
was power in the Court to allow further time ia
contest the question of fact. 1t would be question
purely of favor with the Court, which His Honor
would not grant to defeat the merits Of the cass
aud the value of the relief to be obtained.
He had heard the remarkable statement made
that the application was directed against widows
and orphans-the stockholders Of the corporation.
1t was the first time that he had heard Vanderbilt
and Jew EFT called orphans; and If II were true, a.
stated by counsel, that an anonymous Justice OF an
anonymous court had de1ominated the application
farce, it was probable that these two men would
play i'll 1t the parts of the Two Orphans"
LEGAL DUTIES OF THE CORPORATIONS.
Mr. Russell then applied himself to a discussion
of the legal duties toward the public, of the defend
ant corporations. The act which created them and
regulated their conduct expressly signifed he said,
that they were created for public use; and that
they might have the power to exercise their duties
toward the public, the State had delegated to them
part of its authority-the night OF eminent
domain These rights were not paramount but cor
relative with their public duties Counsel had also
said that no man could tell the damage which the
freight blockade had inflicted upon the commerce
of NewYork, and that the Court would have to APP
point commission to h discover ii, 5haa
was no other adequate relief. Counsel had cr1ti.
csed the complainants' statement OF the case aud
expressed astonishment that the ailusion TO the
strike lad been introduced. III 1t had not been,
there would have been sharp criticism OF the Ator
neg General Tor presenting an er,pdre and unfair
case The railroads had confessed that siuce june
16 they had practically refused 10 receive and de-
liver freight, and admitted that their refusal had
worked great detriment to the commerce OF New
York; but then had remarked, as a man had done
in this city q few years ago, within monument to
whom the counsel and court were then sitting,
"What are you going t. do about ltT
Tbovo oaid
yidual action for every ofense. Suppose that the
railroads had refused 10 carry passengers each man
SO refused would then have redress Dy action for
damages That their broad conception OF the
adequacy of the relief which the courts OF this inn
peral State aforded Lhey claimed , to nave taken zen
merchants of tins city to submit to an added clause
to the bills of adg placing the risk upon the snip,
pers If nothing else did so tins coercion would
furnish justification for the writ prayed for.
THE COMPANIES EXCUSES NOT GOOD.
"Thirdly" continued the Attorney y-General, "ia
their excuse for the non-dscharge Of their duties
good onei What is itf Simply this. The
New-York Central has 500 men, and the
Erie tine same number, who are engaged
in the occupation of frelght-handling, which
REQUIRES a certain degree of skill These men
did what They simply said You wealthy cor
porations have seen lit to increase the tariff on
West-bound freight to So 20 per ton. You
are hiring us for IL cents an hour by the hour,
not by the day. AT the advance IN the cost OF lv-
ing these are starvation wages Give us the one
two-hundred nd-twentieth part Of your income
per ton' That is ALL And this is the confederation
and combination of terror 80 eloqaently talked
were willing to quit and go so long without work
TO see their own sufier-prcsumptvely proves tho
justice of their claim and 1t Is simply the PRIDE ana
lust of gain of these corporations which influence
them to refuse this demand"
Discussing further the question relative to the
strikers, Mr.. Russell said that he had yet 10 near
of one instance IN which they had gone one step be-
yond their legal rights. and he quoted irom TWO
cases TO show the Legality OF comOinatlons
of workinomen to effect increase
Of wages in one which, arose here Chief
Justice Daily had permitted the Master steve,
dores' Association to collect penalty .of
SJo ossessed against a member for working for less