The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-01-25
An Important Decision on the
Brooklyn Strike.
New Points Covered by Supreme
Court Justice.
IL IL Held That q Company IL Not Justi-
fed In shutting Down this Liue
Because of q Strike.

accommodate the pun In toe Fulton
street district, Putnam avenue, Green
Gates and Thompson avenue lines. The
decision is as follows:
ut is my duty to declare the law OF
this case. The railroad corporation ia
not in the position OF a mere private
individual or company carrying on BUSH
ness for private gain which may Gus
pend business temporarily or perman-
emily at pleasure. On the contrary, it
has dual rslat ion; q public relation
to the people OF the state and private
vote to its stockholders. 1t must not
be forgotten here. though it may seem
to be growing not wholly forgotten else
where than in its chief aspect, it is q
public corporation having duties to per-
form to the public which transcend any
obligation within its private aspect it
owes to its stockholders.
ut has received franchises OF great
value from the state and had conferred
upon it the states transcendent power
OF eminent domain.
DUTIES TO PERFORM.
I'm return it took upon itself the per-
formancss of public duties and iunc-
tions, in the performance Of which it is
in law and in fact not an independent
individual or entirety. but the account
able agent OF the state Though the
principles are old and adherent in the
idea OF the sovereignty of the people, it
would seem that recent rapid growth Of
corporate power, and OF the tendency to
use public franchises for the aggrandze.
ment of individuals frat and for the
service and benefit of the public second,
they have come to BIO somewhat over.
looked and need to be restated.
They have often been declared by
the highest courts of this state and the
supreme court OF the United States.
The duty OF the company before the
court 10 to carry passengers through
certain streets of Brooklyn and to fur
nish, man and operate cars enough to
fully accommodate the public. 1t may
not lawfully cease to perform that duty
for even one hour. The directors OF
private business COM pany may, actuated
by private 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 the existing legal. indus
trial and social conditions But the
directors of railroad corporation
may not do the like. They are not
merely accountable to their Stockholders.
They are accountable to the public first
and to the stockholders second. They
have duties to the public to perform
and they must perform them. If they
cannot get labor to perform such duties
at what pay they offer them they must
pay more and as much as is necessary to
get it. Likewise, if the conditions in
respect to hours or otherwise which
they impose repel labor, they must
adopt more lenient or just conditions as
they may not stop their cara for one
hour, much less one week or one year,
thereby to beat or coerce the price or
conditions OF labor down to the price or
conditions they offer. For them to do
30 would be a defiance of law and of
government which, becoming general,
would inevitably BY the force OF exam
pie lead to general disquiet, to the dis
indignation OF social order and even the
downfall of the government itself. Ex~
perience shows the wisdom OF our
fathers in retaining at least some control
of corporations to whom are given pub.
lilo franchises for the performance OF
public duties.
THE LAW CLEAR.
1.-THE law Of this case was too far but
too clearly stated by Justice Cullen to be
misunderstood in an application similar
to this few days sgo. That learned
Judge held that the company had made
no adequate answer to the case presented
against it, and only withheld tine grant =
ing of the writ to give the company more
time to conform to the law which he so
clearly enunciated, probably in the rea :
sonabie scope that would suffice without
q resort to the coercive power of the peo-
pls's state lodged in the court. In addi-
tion, however, shall quote some case
decided upon appeal by the supreme
court in this state in 1888. after mature
elaboration, and which ia an authority
which lam bound to follow, even though
l we're not OF the same view, and which
1 need scarcely say the corporation now
before this court is bound to acquiesoe
in, and which doubt not 1t will imme.
diately acquiesce in for example sake, IL
for no other reason. That caee arose
out of the failure OF the New York Gem
trail and Hudson River Railroad company
to receive and forward freight "a q com.
mon carrier"
The circumstances OF that strike were
reviewed, and the court said:
1.-THE court in that case allowed Ia
writ OF mandamus to compel the cor
poration to do ito corporate duty.
THAT q private corporation has sufi.
cient standing to make this application
which could unquestionably be made by
the attorney-genoral of the state ha
heretofore been decided by this court,
and must accept it as law. And it be.
ing admitted that the company is not
fully operating its full line OF road, l
feel it nay duty to allow the writ prayed
for, either in its peremptory or alternate
form, unless q 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 even insufficient to raise a
question of fact and only refused the
writ in order to give the company more
time with an admonition to it that it
should not longer delay. l do not be-
lieve the present answer OF the company
is sufficient to prevent writ from being
issued. The claim OF violence amounts
to prevention is not legally made out.
Instances OF violence, generally by other
than the former employees Of the COM
pany, is shown, but IL lie also shown that
not only the police force OF the city, but
over 5000 soldiers. are preserving order,
kol hak t. :. N