Frostburg mining journal., 1883-01-27
MISCELLANEOUS ITEMS.
Obligations of Railroads.

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The decision rendered Wednesday
by the General Term Of the Supreme
Court Of New York with reference to
the duties and obligations Of railrosds
touches question which is becoming
every day of greater practical inter-
est to the public. The points invOl-
we'd arose out of the strike Of the New
York frsishthaadlsrs last summer for
higher wages and the refusal of the
railroad companies to accsds to this
demand. Freight transportation be.
came blocked BY the failure of the
companies to employ sufficient and
competent hands in place Of the
strikers, and merchants and shippers
who had been losing heavily by thi,
negligence applied for a msndamus
to compel the railroads to perform
their duties as common carriers.
Judge Haight, to whom the applica-
tion was made, refused it, on the
ground that while "ths neglect or re-
fusal Of railroad corporation to re-
csivs and transport freight tsndsred
to it by citizens Of the State is . pri-
vats wrong, it il not such a public
wrong a. will authorize the issuing Of
the writ of mandamus." The General
Term Of the Supreme Court ovsrrulss
Judge Haight in vigorous and slsb-
crate opinion, holding that, ''sxcspt
in the matter of their ownership,
railroads are public highways, and
that railroad companies are public
corporations. They cannot exist sx-
cept by the consent of the State, and
the State cannot grant them the
right Of eminent domain and other
privileges except for public uses.
The acceptance Of the rights and
powers conferred upon them by the
people imposes upon them certain
we'll defined obligations to the people.
They take upoa themselves the duties
and responsibilities of common car
ris.s. They are bound to serve the
people with due diligence. They are
Obliged to furnish reasonable facilities
for the transportation of freight and
passengers at all timer. II they
neglect to do so without good cause
they fall in their duties as common
carriers. and can be compelled d to per-
form them" A peaceabls strike,
such as that of the freight handlers,
when there is no violence, will not,
under this decision, justify companies
in suspending their business opera
tio-s. "Unless forcibly intsrfersd
with" says the court, "ths companies
must perform their duties at what
8 ever cost. These duties cannot be
laid down or abandoned or suspended
without the legally expressed consent
of the State. These trusts are act.
i've, potential and imperative, and
must be executed until lawfully sur
rendered, otherwise public highway
Of great utility is closed or obstructed
without any process recognized BY
law. This is something no public Of
fcsr, charged with the same trusts
T and duties in regard TO other public
highways, can do without subjeoting
himself to mandarin. or indictment"
Foop FOR YOUNG AND OLD.-Food
0 and medicine for young and old, pre-
. pared without fermentation, from
Canadian Barley, Malt, Hops, Qui.
nine Bark, etc. Malt Bitters are
warranted more nourishing, strength
eniug, vitalizlng and purifying, BY
reason of their richness ia bone and
!, muscle producing material than oil
other forms Of malt or medicine
while free from the objections urged
) against malt liquors.
r PARENTS who allow their children