The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-01-25
He Holds that Corporations with Pub
lie Franchises Must Run Their
Business at Whatever Cost.
THE PEOPLE MUST BE SERVED
CARS CANNOT DE STOPPED FOR AT
HOUR UNDER HIS RULING.
Further Argument on the Nature of
the Mandnmus to BE Heard To-Day
The Usual List of Riots.

BROOKLYN, N. Y. Jan. 24-Judging
by surface indications, the strike of
electric street railways is near it's end
The peace of the city is not fully re,
stored, and it will not be SO long as the
late employees of the traction companies
have hope of forcing themselves back
into the positions they held twelve days
ago. To these men there was a ray of
light in the decision handed down to-
day by Justice Gaynor, of the Supreme
Court of Queens county, IN the matter
of the application of Joseph Loader, a
shopkeeper, for a writ of mandamus to
compel the Brooklyn Heights Railway
Company to operate its lines in man
ner to meet the requirements of the
public. In the opinion of Justice Gay
nor the corporation is held to be in de-
fault of its obligations to the public
incurred by the acceptance of a fran
chise for specific purposes it is placed
under the imputation of having more
regard for the profits of shareholders
than for the convenience of citizens.
and it is declared to be the companys
duty to man its cars at whatever ex-
pense may be necessary. At 10 o'clock
tomorrow the court will hear counsel
on the question whether the writ shall
be peremptory or alternative, or, in
other words, whether the company shall
be required to engage a full complement
of operatives forthwith, regardless of
the questions of wages and hours OF la
Dor, or whether it shall be directed to
do the best it can under the circum-
stances. To make the writ alternative,
it will be seen will be to leave affairs
practically as they are. Should it be
made mandatory an appeal will be
taken by the defendant company, and
it is to be expected that some judge
will be found who will suspend the
writ until the appeal can be heard.
With these facts in view it may be
said that the victory the strikers have
won is fabian in character.
Instances of violence towards the new
men have been frequent, and quite
number of arrests were made during
the day of men guilty of assaults Sew
eral wire cutters also fell into the hands
of the police, and it is a notable fact
that they were strikers. Long stretches
of wire have been carried away in some
localities and a general disposition
shown to injure the property of the
street-railway companies as much as
possible. The fixing of the blame of this
on the strikers costs them dear in the
way of public sympathy.
Traffic Is not yet continued through
the night, as it was before the strike.
On some lines cars We're run in as
early as o'clock. but en- others they
continued to make their trips as late
as 10 o'clock. The streets generally
present an aspect of tranquility, and
the theaters which have felt the effects
of the tie-up perhaps as severely rs
any of the business concerns in the
city, are tonight enjoying a meas
urable return of prosperity.
The report is current that the First
Brigade, composed of the New York
city regiments. is to be relieved from
duty either tomorrow or Saturday. No
verification of the rumor can be had.