Birmingham age-herald., 1895-01-27
AN ALTERNATIVE WRIT Of Mandamus Ordered by Judge
 Gaynor to Be Issued AGAINs7 7S THE COMPANIES 
 E' Oper Nag Trolley Lines in .S3rooklyn-Strikers Indignant.
AGA1Ns7S THE COMPANIES

l. ECOkL1Nt N Jdus Zo.-JuuB6 0ay- nur reudered his decision in the appica- ton for writ of mandamus to compel the trolley companies to operate their lines to-
 day. From the judges expressions in his
 decision on Thursday in setting the time
 for the hearing as to the kind of writ to is
 sue the general conclusion was that the
 writ would be a peremptory one. This
 would compel the officers of the roads to
 operate all lines at oncs or be in contempt
 ot court. The judge heard argument yes
 terday and today issued an alternative writ
 of mandamus. This allows the officers of
 the lines twenty days to answer the ques-
 tions of fact as to whether they have exer- cised their best endeavors to operate their lines, and may be tried before a judge or before jury.
 The op nion of Judge Gaynor is as fol- lows:
 My views of this case remain substsn- tially the same as they were at the close of
 the argument upon the first hearing. This
 corporation is primarily public one and
 its first duty is to the public. Its private duties to the stockholders cannot lawfully stand between it aud its duty to the public. IL is entitled to the full protection of the government in the performance of it's pub lie duties, protection on the one side and obedience to law and order on the other being reciprocal and going hand in hand. It has had such protection, and 1t now has it. 1 do not find that the government has failed in that respect at all. Instances Of disorder have occurred, but they have been speedily suppressed. l canno', therefore, attribute to the government the failure Of this corporation to perform it's public du- ties and deny this application. It follows that a writ of mandamus must be the issue. The court upon this application stands be- tween the public and this corporation and may not swerve from full declaration of
 the tu la" oo@Dlisnee 1 shs 'ays wth i rH% THat
 this corporation is not fluff Hing its ordinary corporate duties to the public is not denied. It presented the issue to the court that reason for 1t is that 1t IS overcome by violence and the government does not adequately protect it. This might | be a sufficient answer in law if true, but | refuse to find that either the judicial or the l executive branch of the government has failed in affording protection to the corpo- ration. There is no evidence before me | upon which eau cast such reproach ! upon the stare.
 l -'tIt was defined In the argument that two l other street railroad corporations In the | city of Brooklyn have been all the while | running their cars in the usual manuer. "rhis corporation has the right to get | labor as cheaply as 1t eau, but 1t may not, without violation of law, step running
  l legal conditions of labor. It was it's duty | now and is its duty to run cars at the best | terms it can make for the day, being at full liberty to supercede its employees grad
 naliy from day to day, or all at once II IL | has men enoush h to lower or better terms. | It's chief duty is to run it's c4rs, and all | considerations of private gain to It's stock | holders must yield to t1at.
 ''In my former opinion 1 showed this to | be the law of this state, declared by this | court, and shall not now enlarge upon | it. There being disputes in the case as to | some of the facts, the law makes It my | duty to allow an alternative instead Of a peremptory writ, but though the command l of the people be less abrupt or peremptory | in that form of writ, il nevertheless is the | peoples command. also prefer to issue | the alternative writ as the more moderate course and should prove sufficient. ''In view of some things said upon the argument it is not improper Tor the court to say that it has no fear Of any obstruction to this writ of the people, for this com muu uity is law-abiding. Nor is it improper for it 10 suggest that violence or menace or wrongful interfearence of any Kind should wholly cease, so that in the end 1t may be said, if there was any violation or law it was not by the people, and ia due weakness lies, it will be, remedied peace- fully and in order in one way or in an- other. "Let, therefore, an alternative writ of manuamuS Tn tue uauu6 Ol tuc pcopic oi ehC state of New York issue commanding this corporation to resume operation of It's roads and the accommodation of the pub lie as fully and completely in all re- spects as It was during, prior anduplto Jan- | uary IA, 1s95.'
 coRoNERTo INVESTIGATE. Coroner Kench set next Thursday even- ing for the inquest into the death of Thomas Carney, the man shot by the Th1r- teenth regiment soldiers in the Hicks street affair of last Thursday. Colonel Austeus Major Cochran and other officers of the regiment have been subj 6 iaed ana num- Der of citizens will testify.
 THE STATE BOARD OF ARBITRATION is in session today at the Hotel St. George. This morning Master Workman Connolly appeared before the board and was exam ined as to the causes of the strike and pos sible remedial legisla ion to preventa repe- tltion of the present trouble.
 Mr. Connolly declared that the only way to prevent strikes was for the state to own the railroads, and he would very much
 like to see the people of Brooklyn in con
 trol of the vast railroad system of the ci4y.
 Lawyer Moses, the legal advisor of Dis-
 trct Assembly No. 75, said there was no strike, but lockout. He said he would
 like to see law passed giving courts the
 right to issue peremptory mandamus
 that is not appealable. The board sent for the presidents, mayor and everyone who can give them lnforma- tion about tue strike. Master Workman Connolly, when informed of the issuance of the writ, showed great disappointment that it had not been made peremptory. The large crowd of striking motormen and conductors in the room were loud in their | expressions that the strike was by no l means ended becauseo their failure to get the support of the courts.
 | MASTER WORKMAN CoNNELLY TALKS. tWill you call the strike off?' Mir. Con- | nelly was asked.
 "Not by any means; we Will nghtlt
 ort,o he replied.
 s'Don't you realize that you have been
 beateu?'
 eNo,D he answered. "We do not count
 on getting support from the courts any 1 way, and we will go right ahead. The ex- ecutive board will hold a meeting this af-
 ternoon and make more definbe arrange
 
 icontnued on Thiri Page.i