The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-01-24
CARS MUST MOVE.
That is the Decision of Judge
GaynOr.
Will Issue Writ of Mandamus
as Asked.
Company Under Obligations to
the Public.
MAYN'T STOP AN HOUR.
Difficulties With Employees Cut
No Figure.
Stockholders Are Il Secondary
Consideration
PAY MORE WAGES.
That's What Judge Gaynor Says
Companies Must Do,
If Men VIII Not Work for What
They Offer.


the supreme court, handed down his de-
cision on the application of Joseph
Loader for mandamus to compel the
Brooklyn Heights railroad to operate its
cars in sufficient numbers to accommo-
date the public in the Fulton street dis
trict, Putnam avenue, Green and Gates
and the Tompkins avenue lines. He
signifies his intention of granting a man
damus. the form to be determined on the
argument of counsel in court tomorrow.
Justice Gaynors decision is as follows:
1T Is my duty 20 declare the law in
this case. This railroad corporation is
not in the position of q mere private in
dividual or company carrying on busi-
ness for private gain which may suspend
business temporarily or permanently at
pleasure. On the contrary it has dual
relation; public relation to the people
of the state and private one to its stock
holders.
1t must not be forgotten here, though
it may seem to be growing. not wholly
forgotten elsewhere that in its chief as
pect it is public corporation having
duties to oAperform 20 the public which
transcend any obligation which in its
private aspect it owes to its stockholders.
1t has received franchises of great val
ue from the state and had conferred up
on it the states transcendant power Of
eminent domain.
Accountable to the State.
In return it took upon itself the per-
formance of public duties and functions,
in the performance of which it is in law
and in fact not an independent individual |
or entirety, but the accountable agent of
the state Though the principles are
old and inherent in the idea of the SOW
ereignty of the people, it would seem
that in the rapid growth of corporate
power, and of the tendency to use pub
lie franchises for the aggrandiZement of
individuals first, and for the service and
benefit Of the public second, they have
come to be somewhat overlooked and
need TO be restated-
They have often been declared by the
highest courts of this state and the su-
preme court of the United States. The
duty of the company now before the
court is to carry passengers through GER
tain streets of Brooklyn and to furnish,
maintain 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 a
private business company, may, actu-
ated by private greed or mo-
tives of private gain, stop bust
at all unless labor come down to their
conditions. however distressing; for such
are the existing legal, Industrial and
social conditions. But the directors of a
railroad corporation may not do the like;
they are not merely accountable to the
stockholders; they are accountable to the
public first and to the stockholders
second.
May Not Stop An Hour.
They have duties to the public to per-
form, and they must perform them. If
they cannot get labor to perform
such duties, at what they offer,
then they must pay more, and
as much as is necessary to get it. Like
wise, if the conditions in respect of hours
or otherwise which they impose, repel
/ labor, they must adopt more lenient or
/ just conditions, as they may not stop their
cars 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 so, would be a defiance
! of law and of government. which hecom.
ing general, would inevitably by the
force of example, lead 10 general dis
! quiet, to the disinte grafton of the social
order, and even the downfall of the gov
ernment itself. Experience shows the
! wisdom of our fathers in retaining a
least some control of corporations. Il
whom are given public franchises fol
the performance of public duties.
Company Is Protected.
THAT private citizen has suf1icien
standing to make this application when
should unquestionably be made by the
attorney general. has heretofore beer
decided by this court, and l must accep
it as. law. And it being admitted tha
the company is not fully operating it
line of railroad. 1 feel it my duty tt
allow the writ prayed for, either in it
peremptory or alternate form, unless
Sufficient answer has been made in law
LAS l have said, the learned Judge wht
heard the previous application decided
that the answer then made was even in
sufficient to raise a question of fact, ant
only refused the writ in order to give tn
company more time. with the admoni
ton to it that it should no longer delay
81 do not think the present answer o