New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-24
LEGAL ASPECTS OF THE STRIKE
THE MAYOR HAS NO AUTHORITY TO CLOSE BAR
ROOMS EXCEPT IN ACCORDANCE WITH
THE EXCISE LAws-THE CHARTERS


THE EXCISE LAws-THE CHARTERS
OF THE COMPANIES
Az a time when men are being shot In the streets
OF the city OF the greatest State OF the Union
for crossing or stumbling dead line reces-
sarly maintained by the armed troops OF that State
in the course OF their duty OF protecting the lives
OF the people and the property OF certain corpora
lions the fact Is revealed that the laws OF that
State give the Mayor OF that city no legal authority
10 close It's barroons.
Mayor schleren was asked yesterday by Trfb-
lne reporter whether ne intended. In view OF the
state OF the city TO SHUT up the quor-shops either
alt oge Their or during certain hours of each day.
That would be martial law" His Honor replied
emphatlcally, and positively declined 10 be quoted
further on the subject AS matter OF fact Colonel
Appleton has stationed sentlnels in front OF the
places near the posts OF duty Of the It'll Regiment,
enectualy carrying out the same purpose. 1t is be-
,eved that a policeman also might be posted at the
door Of every barroom in disturbed neghborhoods
AMI refuse admission to any man whom he thought
an improper vehicle for the public transportation OF
intoxicating liquors The difficulty with that method
would of course be that the policeman would be
needed elsewhere for sterner duty and that no au-
thority Is vested In the city government directly
10 prohibit sales at such times as these in sucn
city as Brooklyn was yesterday.
CAN THE CHARTERS BE TAKEN AWAY?
In speaking Of ;he question OF the charters of the
companies. Il said yesterday that there is only
enc way to secure the forfeiture OF the railroad
charters II any citizen, or body or citizens VIII
prepare statement setting forth that cause for ac-
ton for that purpose on the part OF the Attorney
General exists. the Mayor will promptly forward
anv such statement 10 Albany. The Attorney Cen
crll Is the only official who can bring the matter
before the courts. \ committee OF citizens from
the Seventeenth Ward called at the Mayors office
yesterday morning TO find out what could be done
ofia, t,t1 .,at
part Of the city
The dcputaton included the Revs. A. Il. Nc
Iaren and Z. +. O'Hare. Aldermen Walsh and
Droge James Rogan. George Smith. Charles A.
Sneiekcr. David Martin Frank NJ. NARROW. John
Mccarthy ". p. Jones Lawrence Brennan ana
others
citizens OF the Seventeenth Ward had crowded
Association Hall In Manhattan-ave.. and held an
INDIGNATION meeting the night before and passed
resolutions calling upon the city authorities TO
enforce compliance by the companies with the
TO do to take possession OF the roads and give the
people relief. The preamble or the reeoiutlons SET
forth that cars had been run in the ward for
These resolutions were read to the Moor and
Corporation Counsel Mcdonald by the Rev. Mr.
The Mayor referred the delegation to his official
legal adviser who had just prepared an opinion
on this point An abstract OF it follows:
who alone has power to take affirmative action in
respcct TO the forfeiture of franchise. He can
only take that action When II Is mace 70 appear
10 him that FOR that action exists. That can
loo made to appear to him just as effectively By any
citizen "a IL can be by the Mayor. The Mayors
ofacai position bears no relation to the subject
When cause exists and is hrousht to the atten-
ton Of the Attorney General he may apply TO the
court for leave To bring an action for the for
fixture OF the franchise.
THE STATE MUST BEGIN PROCEEDINGS
THAT results logically from the consideration.
among others, that all franchises in theory OF law
proceed from the State While the State delegates
TO local authorities. the Common Council for
ample the giving OF n consent TO the operation Of
railroad under its franchise because its operation
affects the good the locality, stl the franchise
Itself DrOcecls from the State The first act In the
creation of a franchise involves dealing with the
state OF New York, not with the local authorities,
and the railroad is actually brought into existence
by It's dealing with the State.
''Thcreforc. IL lies with any citizen Of Brooklyn
who considers that the conditions up TO date have
shown that the companies, or any of them.
have forfeited their PRIVILEGES or franchises
or by doing emitting any act which
amounts to surrender Of their corporate
any provision of law whereby they have forfeited
their charters. or become liable to be dissolved
by an abuse of their powers, to present the facts
10 the Attorney General of the State or New-York
I'm order that II he thinks that such sufficient
prima facie evidence exists he may make applica-
lion TO the court such as have described"
was Informed that the Mayor had appointed a
committee to consider the trolley problem and
that when their report has been laid before the
Common Council the Legislature will be asked to
supply any deficiency in the powers of the local
lawmakers in that regard which may then be
found to exist.
listened to argument In support OF the application
for a peremptory mandamus compelling the Brook
lyn Heights Company to run Its cars. Counsel for
both sides presented their Views, and Justice Gay
,ictn u hp la al