The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-01-25
THEYMUST KEEP MOVING
Brooklyn Street Car Companies Meet
With a Big Surprise.
PROGRESS OF THE STRIKE
There Has Been Many Violent
Collisions Between the Strik-
ers and the Militia and
the Police.

decision to-day on the application of Jo-
seph Loade for a mandamus TO compel
the Brooklyn Heights railroad TO operate
IFS cars in sufficient numbers TO accom-
MEDIATE the public. The justice, in his
decision, says: 1T is my duty to declare
the law of this case. This railroad cor
poration is not in a position of any pri-
rate individual or a company carrying on
"A business for private gain, which may
suspend business temporarily or perman-
emily at pleasure. On the contrary, it has a
dual relation; public relation to the peo-
pie and private duty to its stockholders.
1t must not be forgotten that it is pub
lie corporation having duties to perform
TO the public which transcend any obliga-
ton which, in its private aspect, it owes
to its stockholders. 1t has received
franchises of great value from the state
and has conferred upon it the states
transcendant power of eminent domain.
In return it took upon itself the perform
ances of public duties and functions, in
performance of which it is in law and in
fact, not independent, individually or en-
tirely. but an accountable agent of the
state.
The duty of the company now before
the court is to carry passengers through
certain streets of Brooklyn and to furnish
men and operate cars enough to fully
accommodate the public. 1t may not law
fully cease to perform that duty for even
one hour. The directors of a private
business company may, actuated by pri-
waite greed or motives of private gain,
stop business and refuse to employ labor
at all unless labor come down to their
conditions, however distressing; for such
are existing legal, industrial and
social conditions. But the di-
rectors of railroad corporation
may not do the like. They are accountable
TO the public first and to the stock holders
second. They have duties to the public
TO perform and must perform them. If
they cannot get labor to perform such
duties Mt what pay they offer, then they
must pay more, and as much as is neces-
sary TO get it.
Likewise if the conditions in respect to
hours or otherwise which they impose
repel labor they must be more lenient or
just in their conditions so they may not
stop their cars for one hour, much less for
one week, or one year, thereby to beat the
price or conditions of labor down to the
prices or conditions they offer. For them
to do SO would be defiance of the law and
of government, which, becoming general,
would inevitably, by force of example,
ton OF the social order and
even tho downfall of the govern
ment itself. 1 shall quote from
case decided upon an appeal by the SUI
prone court in this state in 1888, after ma
ture elaboration, and which is an au-
thority which am bound to follow, and
which. scarcely need to say, a corpora
ton now before this court is bound to
acquiesce in, and which l doubt not it
will Immediately acquiesce in for exam
pies sake, if for no other reason. This !
case arose from the failure of the New
York Central q Hudson River company to
receive and forward freight as a common
carrier. The conditions of that strike |
were reviewed and the court said:
"'The court in that case allowed a writ |
of mandamus TO compel the corporation |
10 do its corporate duty
That a private citizen has sufficient |
standing to make this application with |
out request be made to the attorney gen.
oral of the state has heretofore been de- |
cided by this court and l must accept il |
as law. And it being admitted that the |
company is not fully operating its line of |
road, | feel II my duty to allow the writ |
prayed for, either in its peremptory or al
ternate form, unless sufficient answer
has been made in law. As | have said,
the learned judge who heard the previous
application decided that the answer then
made was then sufficient to raise the
question of fact and only refused the
writ in order to give the company more
time with the admonition to it that il
should no longer delay.
1.-The claim of violence amounting to
prevention is not legally made out. In
stances of violence, generally by others,
former employees of the company, are
shown, but ii is also shown that not only
tho police force of the city but over 5000
soldiers are preserving order. and |
cannot believe that the company is not
protected in its rights, nor do think any
question of fact is fairly raised on that
head. Besides, the persistence of the
in failing to run its cars, except
as it may gradually get its employees to
accept its terms, is in itself unlawful, as
| have shown, and it m ust necessarily be,
hat its bad example will tend to public
1isquiet If not TO some disorder.
I'm respect of the question of hours and
of wages between the company and its
employees, its duty was to have gone on
with its full complement of employees. hay
ng the right gradually, from day to day, to
its employees if il can by doing
10 get employees who will work on its
erms, or to supercede them all at once
when II had obtainela sufficient number
IF new employees for that purpose, but in
'uch controversy it had not the right to
top its cars while it is thus gradually GET
ing other men. II must not be forgotten
hat this cooperation is entrusted with the /
'unninc of these roads as the servant of
he people of the state. Ii there
ore remains for me to determine |
he form of the writ whether il
hall be peremptory or alternate. In one
.spect OF the case there seems TO be an
ssue of fact presented. and if such an is.
ne be presented the law does not permit )
ne TO decide it and allow peremptory
writ, but requires me to allow an alterna-
i've writ, which has the effect of reserving
side issue of fact 10 be tried BY jury or
y the court. if SO agreed upon"
BROOKLYN, Jan. 24.-At strike head