Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-08-02

DAILY
POST . NTELLIGENCER
cav rELECRAPM C0APANlEs BE
CouPELLEO To TRANSMIT MES
sACEs?
The question whether telegraph com
usnies can be compelled TO receive and
Transmit messages, Notwithstanding the
strike of operators, has since the begin
ming of the recent trouble between SUCH
companies and their employees become
important. II q telegraph company
stsnds ON the same footing a. railroad
company With respect - public service
and its business like that OF railroads ID
Of public character, recent decision
by the Supreme Court Of New YORK
would seem TO settle the question IN that
ststs NJ least. In q case arising in New
York last year the duty Of railroad CON-
uani.s torsceive and transport freight a.
usual, Notwithstanding a strike OF
freight handlers, was affirmed and main
tanned by that court. The action was
broucht by the Attorney General at the
request of merchants of New York City,
In the name Of the people, for peremp
tory writs Of mandamus against the
several dsrelict companies. Justice
HaiQht, sitting in chambers, refused to
issue the vrits and dismissed the petit
ton. Appeal was taken 70 the full
bench, which in General Term, last
January, reversed the decision OF Judge
Haieht. The opinion Of the court was
snnounced BY Judge Davis, an abstract
of which, taken from a recent issue OF
the New York Sun, Ii interesting at this
time, and az discussion Of the powers
Of the State over corporations doing bus
mess therein, and the duties Of such cor
porstions AZ public servants Is Of much
importance:
sTn his opinion Judge Davis said ths
motion involved the question whether
the people of the Stats can invoke the
power OF the courts to compel railroad
CORPORATIONS TO perform their functions.
Corporations were in one sense trading
or private companies, being owned by
officers elected by their stockholders.
Al the same time, railroads were, from
the very object of their creation, pnblic
HIGHWAYS. The court of last resort had
already determined the character OF
railroads as public highways. and had
declared that the fact that railroad COR
porstions may remunerate themselves
by tolls and fares does not affect the
public character Of the road.
at n strangely illogical" Judge Da-
yis said, ito assert that the State,
through the courts, may compel the
performance of every step necessary TO
bring q oorporation into q condition OF
readiness TO do the very thing for which
Il In created, hat il then poverless TO
compel the doing Of the thing itself"
Az 70 the point that the State Is not in.
iured by the refusal of a corporation
10 perform liz duty. and has therefore
no interest in the question, he said 1t
was no test that the State suffers no
direct peouniary injury, and added:
'srhe sovereignty Of the State is in
jurcd whenever any public function
vested by IL in any person, natural OF
artificial. for the common good. Ii not
used, or In misused, or Ii abused, and II
10 mot bound TO inquire whether some
one or more of It's citizens has not
thereby received special injury for
which be may recover damages In his
private salt. Nor do VIC think the fact
that Injured individuals may have pri-
vate remedies for tho damages they
have sustained by neglect Of duties pre-
cludes the State from its remedy by
mandamis.
According to the statement of the
CASE" the opinion continued, "a body
Of laborsrs, acting In concert. fixed a
price for their labor, and refused to
work for less. Tho respondents fixed a
price for the same labor, and refused to
pay more. In doing this neither did an
cot violative of any law or subjectinR
either 70 any penalty. The respondents
hnd q lawful right 70 take their ground
In respect TO the price to be paid, and
adhere 70 IL II they chose; but II the
consequences Of doing 30 were IN in
ability to exercise their corporate fran
chises, 10 the great injury of the public,
they cannot be heard 70 assert that such
consequences must be shouldered and
horns BY an innocent public, who neither
directly nor indirectly participated in
their causes"
Upon the question whether railroad
corporations can refuse or neglect to
perform their public duties.upon CON-
tsoversy Of their employees over the cost
OF expense Of doing them, the opinion
aid. ava think thia uueatiOn H8mita