The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-01-25
DUTIES or can co9irANIEs.
Judge GnHnor Holds That They can
not suspend VrafWr.


Brooklyn. y v. Jan. 1t-Judge C5aynor
in a lengthy opinion, handed down this
mornins in the matter Of application Of
Joseph Leader for a writ Of mandamus
10 compel the EreoEIva fIichts
Railroad Company to operate
their lines. decided that win
shall issue. He has set 30 O'Clock to-mor-
row as time to hear counsel for both
sides as TO whether the vrir shat be
peremptory or an alternative one Judge
Gaynor says. This railroad CORPORATION
IS not In the position III mere private
individual company, carving on business
for private gains, which may suspend
business temporarily or permanently AT
pleasure. on the contrary il has a dual
relation. a public relation to the people
of the state and private cae 60 its stock
holders.
1t must not be forgotten here, though
it may seem to be growing dim II not
wholly forgotten, elsewhere. that in its
chief aspect it is a public corporation,
having duties to perform 70 the public
which transcend any obligation which
in its private aspect it owes TO its stock
holders. It has received franchises of
great value from the state, and had con
ferTed upon il the states transcendlnt
power Of eminent domain. In return IL
took upon itself the performance Of public
duties and functions. in the performance
of which il is in law ana in fact mt an
independent individual or entitv but The
accountable agent Of the state. Though
the principles are old and inherent in
the idea of the sovereignty of the people,
IL would seem that in the recent rapid
growth Of corporate newer and Of he
tendency to use public franchises for the
ACKNOWLEDGEMENT ~ indi1fdIale frst md
for the services and heneff ~ the n,,biic.
second the1, have come 10 he eov1s,,. mar
overlooked and need Ia he rastated Thev
have often been declared bv the highest
courts of this state and the supreme
court of the United states
THE duty Of the company is to carry
passengers through certain streets Of
Brooklyn and TO furnish men and run
ears ersugb TO fully accommodate the
public. 1t may not lawfully cease to per
form that duty for even an bour The di-
rectors of a private business company
may. actuated by private greed or mo-
tives or private gain, stop business and re-
fuse to employ labor al all ilnless labor
come down TO their conditions however
distressing. for such are the existing in
dustrial and social conditions.
But the directors OF railroad CORPORA
tions may not do the like. They are not
merely accountable to the stockholders
they are accountable to the pub
lie first and the stockholders
second. They have duties to
the public to perform and they must per
form them. II they cannot get labor to
perform such duties at what they offer to
pay them they must nay more and as
much as is necessary to get it, Likewise.
if the conditions in respect of hours or
otherwise which they impose repol labor,
they must adopt more lenient or just con-
ditions.
They may not stop their ears or one
hour. much less one week, or one year,
thereby to beat or coerce the price or CON
ditions of labor down to the price or con-
ditions they offer
That a private citizen has sufficient
standing to make this application, which
could unquestionably be made by the at
torney general of the state, has hereto
fore been decided by this court and must
accept it as law. And 1t being admitted
that the company is not fully operating its
lines of road l feel II my duty to allow the
writ prayed for, either in its peremptory
or alternative form, unless a sufficient an
swer has been made in law.
In respect to the question of hours and
wages between the company and its
employees, its duty was to have gone on
with its full complement of employees
having the right gradually and from day
to day TO supersede its employees if it can
by new employees who will work on its
terms, or to supersede them all at once
when it has obtained a sufficient number
of new employees for that pur-
pose, but in such eontrover-
sy it not the right to stop
its cars while it is thus gradually getting
other men. If the people of the state
were running these roads they would not
thus incommode and damage themselves;
and it must not be forgotten that this
corporation is instructed with the run
ming of these roads as the servant of the
people of the state
Each party has the right to obtain
the best terms it can: and, as was said
in the freight handlers case, if the com
pany cannot get men at a price that it
thinks fair. il is bound TO get them at a
price it may BEEN exhorbitant because
its duty is to run its road"
Judge Gavnor's decision seems 10 have
infused a new shirt into the leaders Of tbo
strike who declare thew are nov as de-
terminsd as ever in their str,aoIee and
believe thew will he successful but VET
are willing as tbey have been from the
heainninp 70 suhvoit The cestiors ~ ~
sue to arbitration
Renresenta ti,,ee Of all the 1t,,o,,,o, ~ The