Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1895-02-01
WRIT OF MANDAMUS.
Judge GayuoT', Decision Practically
Rpurratrs Former >ta!emeHi.

Judge Gavnorl alternative writ Di man
lamu- ia regarded as favorable ru tire COM
uanies. The ease will now be tried by Jury
and the company has twenty iay- IN when
ta answer Mr. Louder application was for (
% writ o. compel the company % operate IT.
rnrs.
The null text af Judge lIavnor- opinion
follows
NV views uf TINS ease remain substantially
the same A. they were at the close li the Ir-
sumrnt upon the iirst hearing This corpora
tiun Is primarily public one, aud rs lr-t
duty is 10 the public. it, private duty to us
stockholders cannon lawfully stand between
it and its thtv t. the public. II IL
entitled To the full protection ul the
government iu the performance 1i IT.
public duties: protection ON the one
side and obedience to law and duty On the
other being reciprocal and going hand
in hand Il mas had -u"u protection, anu II
now has it. [ DO not find that government
has failed in that respect az all. Instances
0f disorder nave occurred, hut nave
Dean speedily suppressed. cannot,
therefore, attribute rn government the
failure OF this corporation 10 perform IT.
puDiic duties and deny this application. II
| follows that writ II mandamus must ISSUE
This ,ourt, upon this application, stands
/ between the public and this corporation. anu
| may not swcrve from full declaration ~ the
law OF the use. pr from Il fui fumplah''
with it. That this corporation n not mlniiihH
| it, ordinary corporate duties 10 me puDir Is
not denied. It presented the issue % tAe
| court that the reason Tor il is Jhat Il If
| overcome bv violence and that goN7
| ernment does not adequately protect H.
/ This might be- sufficient answer IN Jaw,
| II true. but [ refuse 90 int fhHi either
| the judicial or the executive branch or
| government has laiiei in aii1rding protec-
/ lion TO tins corporation. There is no evil
/ tunre before me upon winch ! IAN 'a~i
! such a repr0nrh upon The -tat' III was
| mentioned IN the argument Cnat Two
| other street railroad corporations IN the
| atv of Brouklvn have been all The vhhr
| running their ears IN the 1Sual manner
| This corporation has tile nght o. g"t
labor II chrapiy ls II ran. but II may
not. without i violation of law, stop the
running OF it, sIrs % try 10 Otal
Town the price 0l legal conditions Of labor.
| Ii WIS its lutv and now Is is duty m run it,
cars at the best terms It r'tn MAKE Tor the lal
being at full liberty to -uher-ede is employees
gradually from iuv to tay, or all at once Il
il have men enough lt lower or better terms.
Its chief duty il TO run its carS, ana ali con
SidaratiOus pt private gain % its -t0cHholu' r
must Weld 10 that In my former opinion.
b showed this TO be the law OF TINS
state declared Ivy its courts. and
| ! -uall not enlarge upon II. 4AclF ''
lng disputes in the case as 20 some o
t the acts. the law makes il my dnty TO allow
an ALTERNATIVES instead Of peramptory Wit
but though the command OF the people D.
. less abrupt or perrmptury in That form
the writ il nevertheless Is the people com
mand I also prefer to issue the alternative
writ. Is tnat is the more moderate course am
should prove sufficient
In view Of some things said upon tn'
argument. it ~ not improper for the 'our
to -ap thar IT has no lear of any 90
II strurtion to this writ Of the people, fu
this community is iaw-ablding. Nor Is j
4 IMPROPER lur il to suggest that violence d
+. menace or wrongful interference OF any KIM
I should wholly cease. 80 that in the end ]
, NAV bp sHid that II there was any violation o
/ law. it was not by the people, and IN an
4, time wherever the wrong or the weaknes
a lies it wi be- remedIcd peacefully anu i
n order, in one way or in another.
a Let, therefore. an alternative Writ 9t man
% Iamus ii the name Of the people Of the stat
Il nj New York issue. enmmanJing TINS oorpoI
alton 10 resume the operation OF its ROAD
- and the accommodation Of the pubic as iuli
i and completely in all respects as it was dl
Il ing prior and up to Jan Il, l,aj.