The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-27
An ALTERHATIVE WELT.
Judge Gaynor Gives the Companies TweD-
~ DAYS in Which To- Answer.


BROOKLYN. y. Y. Jan. 2G.-Judge
Gaynor rendered his decision In the APP
pncation for a writ of mandamus to
compel the trolley companies 10 operate
their lines to-day. From the Judges eX-
pressions in his decision on Tuesday. set
ting the time for a hearing as TO the kind
OF writ 10 issue. the general conclusion
was that the Wr.t would be a pre- cmptory
one. This would compel the officers OF
the Foads 90 operate all lines at once or
he M contempt OF court. The judge heard
argument yesterday, and to-day issued an
alternative writ of Wandamus. THIS al
lows the officers OF the lines twenty days
20 answer, and the questions OF fact as
10 whether they have exercised their
best endeavors to operate their lines may
be tried before judge or before jury.
The opinion of Judge Gaynor IS as fol-
MY viows Of this case remain sub
stantially the same as they were at the
close OF argument upon the first hear
lns. rms corporation lS primarily pun
hc Cne. and It's FIRST duty IS TO the pub
DC. It's private duty 10 IT'S stockholders
cannot lawfully stand before II and its
duty 10 the public. 10 has had such
protection, and now has II? do not find
that the Government has failed in that
respect al all Instances OF disorder have
occurred. but they have been speedily
suppressed. l cannot, therefore. attribute
10 the Government the failure of this
corporation TO pctorm its public duties
anu flf Ill AlllN hUIAtdIiNil III IOIIIWS lNHl
a WITT ot mandamus must issue. This
Court. upon this application stands be-
tween the public and this corporation.
ana may not swerve from full declara-
ton OF law and Of the case. or from q
full compliance with u. That this cOTpO-
ration Is not fulhlIng its ordinary cor
porate duties TO the public is not denied
II presented the issue TO the court that
the reason for IL is that 81 is overcome
by violence and the Government does not
adequately protect H. This might be a
NIH.t Ir.rf 4
refuse 10 find that either the judicial or
the executive branch Of the Government
has failed In affording protection 10 the
corporation There Is no evidence before
me upon which ! can east such a re-
prOdch upon the state.
"It was mentioned IN the argument that
tWO other street-cdT corporations I'm the
city of Brooklyn have been all the while
running their cars IN the usual manner.
This corporation has the right 90 get
labor cheaply as 10 can, but 10 may not,
hout a violation Of law. stop running
i'- cars to try 10 break down the price
d.. legal conditions Of labor. IL was its
duty. and now Is It's duty 10 run cars at
the best terms 10 can make for the day,
lr.ng al full liberty TO supersedc It's en-
piOycs gradually from day 10 day, or all
al once if 70 have men enough at lower
or better terms. Its chief duty Is 20 run
as cars. and an considerations of pri-
vat. gain 90 fits stockholders must yield
Co that ln nay former opinion ! showed
this tp bD the law of this state declared
hy IT'S courts. and I shall not now eu-
large upon it. There being disputes iu
tuc ease as 90 some of the facts. the law
makes it my duty TO allow an alternative
instead of a pcrcmptory writ. but though
Tho command of the people bc less abrupt
or pergmptory in that form OF the writ,
81 nevertheless is the peoples command.
] also prefer 10 issue the alternative
writ as chat is the more moderate course,
and should prove sufficient. I'm view of
some things said upon the argument. 10
g. not proper for the court 10 say that 10
has no fear of any obstruction 90 tais
writ OF the people, for this community is
law-abidng; nor is IL improper for 10 10
suggest that violence or menace or wrong
ful Interference of any kind should wholly
cease so that in the end it may be said
that n there was any violation of law IL
was not by the people and in due time
wherever the wrong or the weakness lies
n will be remedied peacefully and i'm
order In one way or in another
Let. therefore, an alternative writ of
mandanius IA the name of the people of
ahe State of New York issue command
ing this corporation 10 resume the opera
tion OF It's roads and the accommodation
OF the public as fully and as completely
IN all RESPECTS as it was doing prior aud
up to January 10. 1885,
BOARD or ADMIRATION.
RRbOKIYN. Jan. 26-C0roncr Kene has
set next Thursday eveuius for the inquest
into the death of Thomas Carney the
man shot 10y the Fourteenth Regiment
soldiers iu Hicks street last Thursday
Colonel Austen. Major CochIlur and
other officers of the regiment have been
eubpocoed and "a number OF citizens will
testify.
The State Board of Arbitration is I'm
session to-day al the Hotel 81. George
This morning Master-W Workman Connolly
appeared before the board and was eN-
omIued as TO the causes Of the strike
and possible remedy TO prevent Il reOeti-
ton OF the present trouble.
Mr Couucly declared that the only
way TO prevent strikes was for the state
10 own the railroads. and he would very
muyh like 10 see the people of Brooklyn
in control OF the vast railway system OF
1he city.
Lawyer Moses, the legal adviser OF Dis
trCt Assembly. No. l3 said there was no
ttr.ke. but "a lockout. He said he would
Ike TO see a law passed giving courts The
right 90 issue peremptory mdndamus
fhdt Is not appealaple
Tne board sent FOR the presidents. the
Mayor and everybody who can give them
Information about the strike. Master
Workman Connolly when Informed OF the
issuance OF the writ, showed great dis
appointment that IL had not been made
pcremptory The large crowd OF strikers
ln the room with him were loud In their
expressions that the strike was by no
means ended because OF their failure TO
get tho support OF the courts.
"Ml you call the strike on?" Mr..
Connolly Was asked
not by any means. We will Gght It
'Dont you realize that you have been
mo" he answered. we do not count
On getting support from the courts any
way; we will 50 right ahead. The eXecu-
tive board hold a meeting and make
more definite arrangements for contin-
nance OF the struggle"
When asked as 10 the probability OF the
strike spreading he replied:
Il will not call any more men out. and
the strike will not spread
pat siDrNT EOHTos TEsgIFIFs
President Norton, OF the Atlantic-aves
unc system, appeared before the board
~ the Hotel ST. George this evening, and
reviewed the causes that led TO the
st,4ke When asked il he had any sug-
,esiiona 10 offer that would act as a
oreventatiye OF further strikes, he said
fe favored the passage OF a law by the
.si.road Companies and I'll corporations