New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-27
THE WRIT ALTERNATIVE.
JUDGE GAYNOR'S DECISION IN THE
MANDAMUs PROCEEDINGS.
THE NATURE OF THE ORDER MADE NECESSARY
BY THE DISPUTE AS TO FAcTs-HE SAYS
IT is THE MORE MODERATE COURSE
AND SHOULD BE SUFFICIENT
THE NATURE OIL

BY THE DISPUTE AS TO FAcTs-HE SAYS
IT Is THE MORE MODERATE COURSE
AND SHOULD BE SUFFICIENT
THE COMPANIES DELIGHTED.
Judge Gaynor yesterday morning handed down
his decision in the mandamus proceedings. and
1t must have been something Of disappointment
10 the strikers and their friends. 1t makes easier
a victory by the railroad companies.
His decision contained an order for an alterna-
tive writ which provides for a consideration Of
the facts by jury and gives the railroad COM
pany twenty days in which to make Its answer.
The railroad officials received the news Of the de-
cison with unconcealed pleasure. The strikers
received 1t In silence.
The proceedings TO secure this writ were begun
by Joseph s. Loader. a Fulton-st merchant.
Through his counsel he asked for a peremptory
writ OF mandamus to compel the Brooklyn Heights
Railroad Company TO run full car service on all
Its lines. or course, the companies opposed 1t.
On Thursday Judge Gaynor decided that writ
should be issued. Friday the Judge heard argu-
ment to determine whether it should be alterna-
tive or peremptory.
The decision in full is as follows:
Supreme Court. In the matter OF the application
for mandamus VS.. the Brooklyn Heights Railroad
Company Gaynor, j.:
My NleWs OF thlS case remain suDstdntidliy inc
upon the first hearing. This corporation is pri-
public; Its private duty to It's stockholders cannot
lawfully stand between It and It's duty TO the
srnment in the periormanee ., rs public dulles.
u,y on on s the oSsr e snd
hand In hand; II has had such protection. and II
has IA f. SO a, S % OF
have occurred but have been speedily suppressed
.ans Of Ss TO Perform it's public
duties. and deny this application: s, ,.,.
the public and this CORPORATION, and may, not
case from a fuil compliance with H. That this
corporation Is no, fulfilling it, Crdnary 20 ate
issue to the Court that the for 1t is that It Is
overcome by violence and that government does
Client answer in law II true; but refuse TO And
o int has Or In
10 this corporation There Is no evidence before
Which s one the
two other street-railroad corporations In the city
cars in he usual manner. This corporation has
the right 10 get labor as cheapy as It can, but II
Ming OF It's cars to try TO beat down the price OF
legal conditions OF labor. II was It's duty. and now
male for the day. being at fun liberty supersede
its employee gradually from day 70 day or all at
srms ITS cnie duty is TO run It's cars and ali corr
sderations OF private gain to It's stockholders must
in my former opinion ! showed this TO be ,h9
law OF this State, declared by It's courts. and
ehsll now not enlarge upon 1t. There being dis
pufes in the as 10 some OF the facts. the Law
makes n my duty TO allow an alternative instead
81 peremptory writ. but though the command OF
the people be less abrupt or percmptory I'm tina
form OF the writ Il nevertheless is the peoples
command. ! also prefer TO issue the alternative
writ as that IL the more moderate course. and
should prove sufYicent.
In view OF some things said upon the argument
IL Is improper for the Court 10 say that II has
no fear Of any obstruction 10 this writ Of The
people, for this community Is law-abidns: Nor Is
" improper for II TO suggest that violence OF
menace wrongful interference of any kind should
wholly cease. that In the end II may be said
that N there was any violation Of law. II was not
by the people and in due time. wherever the wrong
or the weakness lies. II will be remeded peacefully
anc IN order. In one way or In another.
Let, therefore. an alternative writ OF mandamus
" the name OF the people OF the Sioic - New
nork ISSUE, commanding this CORPORATION to resume
ire oiersuna OF Its roads and the ommoda ton
o. tho public ms fully and completely in all respect
ny y VAS ac'ns prior and IN to January H. 1885,
ms practically gives the companies all the time
!ney need TO get their running as under the
| law will be possible to get ELECTROMAGNETIC de-.
l snnrrers. complaints. answers ETC.