The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-26
,rpcr GAYNuR's ABSURD DECisioN.


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r., ABSURD DECISION.
Judge Gaynor. Of Brooklyn acii'eNeo
very eAviable reputation before N'
mn, upon the bench as relornio''
s,,ce he has been made judge ne mas
Greatly commended himself to puOi'c 0o'I
eaonce nv the energetic manner In "h'c"
no administered the law in sending inc
crsvesepd election thieves TO the oV"'.
prison. But we fear Judge "ay"o' '"'
nothing TO recommend him but MS deep
interest in the public veal, or else ma
public appreciation has turned MS hed"
and sent him out 10 demagoginS niue
We know not how it all came ABOUT
All we know Is that what he has iald
down for law in the Brooklyn car-strike
case is the merest farago of nonsense
that was ever uttered and that If II were
the law of this land all business under
charters where the public has an interest
would be paralyzed and put at the mercy
of every lawless mob that chose TO inter-
fere with it,
If Judge Gaynor had meant to say ana
upon which public duties rest must per-
form those duties continuously, not"lth-
standing the fact that it may be very
costly TO II to do so, he would have ut
tered an opinion that is common 10 al
,men III their right minds. No sueh cor
poration has right to come before
court, when arraigned there flor neg
tect.ng the performance of its pubic
functions, and say that there is corner
In the labor market that makes the price
OF labor so high that it Will be ruined
IL 1t goes on performing its public duties.
1t must get its laborers as it best can
and pay whatever is necessary for secur-
ing labor that 1t may go on with the
discharge of its public duties, or it will
fall under all the censure and condemna-
ton OF the law that a wilful violation
and neglect of it's duties entail.
But 1t would be an affront 10 common
sense to claim that Judge Gaynor meant
no more than this. and We must read what
he says in the light of the actual facts
TO which he was directing his utterances
and In that OF the action which he pro-
poses to take III the premises. He has
before him case in which the railroads
stand ready 10 perform their public duties
II the public will perform its duty TO the
railroads and clear their tracks of vio-
lent mobs which cut their trolley wires,
intimdate their men and blocl: the pas
sage Of their cars. What he has said is
in relation to this actual state of facts,
and he is, therefore, to be understood as
saying that In that condition of affairs
the railroad companies are under
peremptory obligation 10 keep their cars
running at all hours. and from end 10
erd of Their tracks.
Now, in thus treating the case Judge
Gayror has taken into consideration the
obligations which the railroad companies
owe TO the public. but he has wholly ex-
clUded from his consideration the duties
which the public owes to the railroads.
II Is for the railroads 80 run ears, but 1t
is for the public to Keep the peace. 10
preserve order. and TO see 20 il that the
railroads are not molested by mobs which
interfere with their cars in passing along
the streets. The obligation that rests
upon the public in this behalf is just az
imperative as the obligation which rests
upon the railroads, and the public mas no
right TO demand OF the railroads that
they run Their cars when the public is
falling in its duty to keep their tracks
clear OF mobs which impede the running
OF the care ana intimidate the employees
OF the railroad company. The railroads of
Brooklyn have no difficulty whatever In
securing all the labor that they need If
public authority will only preserve peace
and order in Brooklyn. and make 1t GER
tain that a new cmploye OF the railroads
runs no risk Of being interfered with in
any way by the old employees. But so
long as a state of affairs exists in which
II is understood that a new employee will
80 into the service OF the railroads at
peril TO himself II does not lie in the
pouih Of public authority to say that the
railroads are delinquent in their duty II
the public service falls short OF what II
ought TO be- The faul, then lies with the
public, and not with the railroads.
in one part OF his opinion Judge Gaynor
undertakes to define the duties of a p iblic
corporation owing duties 10 the public
where strike OF It's employees takes
place. and his plain meaning IS that In
such case the corporations must yield
10 the demands OF the strikers. so that
the performance % It's duties TO the pub
lie may be continuous. and trust for re-
dress TO working them of gradually and
l,lling their places with other men. OF
course, IL this were the law, such cor