The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-25

is at an End.
Brooklyn, Jan. 24.-Matters were
comparatively quiet on the Third
avenue roads today. The wires be-
tween Sixty-fifth and Sixty-sixth
streets were cut off at midnight, and
as a consequence, the electric lights in
the depot went out; leaving Captain
Thorne and his detachment of the
Twenty regiment in total dark
ness The wires were not repaired I'M
it'll 10 o'clock, when traffic was re-
sumed, and at midday 16 cars were
running as against twenty yesterday.
| The foreman said he was unable to
operate a greater number as some OF
| the new men had been transferred to
| Green Point.
During the night and early morning,
the full strength of the Twenty-third
regiment with the exception Of com,
panies F, G and K, was placed on
avenue.
A Lively Time.
At II o'clock, police on duty at
ITwenty-f1fth and Third avenue, had a
lively time putting an end to riot
which had broken out there. About
| 20 persons collected at this point and
jeered the soldiers who We're under
arms there.
The mob continued increasing until
noon, when a stone was hurled by one
of the crowd, striking a policeman.
This was followed by several others,
and then the police and militia
/ r1oo no al tho
avenue and into the side streets. Many
of them received bayonet thrusts from
, the militia men, while the clubs Of the
police We're used with telling effect on
the heads Of the rioters.
Women and Guns.
At Thirteenth street and Fifth ave
nue. two women, about whom gathered
a crowd of men, hailed a Fifth avenue
car. When it stopped they Boarded it.
They then drew pistols from under
i their shawls and ordered the conductor
and motornan to stop work. The men
: leaped from the car and left the in
vaders in possession. One of the crowd
started the car, jumping off before it
had gained much Roadway. When the
car passed the stables at Twenty
fourth street it was travelling at high
: rate of speed.
One of the men standing there no
ticad the car was running wild. jumped
! ! aboard the rear end and soon had il
l at q standstill
Another gang of strikers attempted
: to pull the motormon off his platform
, but he fought them off He was very
roughly used in the scrimmage and haG
q his jaw broken.
Coonel Austin, of the Thirteenth reg
t iment, said, in reference to the shoot
f ing of the man Karney, that 1T was
4 perfectly justifable.
, President Norton, of the Atlantic
S Avenue company, says that so far a:
y his lines are concerned the strike is a
: Nn end, for he can get all the motor
e linen and conductors for whom ther,
S are places.
: New employees go about outside o
i the militia line at their peril. One VIII
disguised himself as an old soldier wa
spotted by the strikers and badl.
s beaten.
Il Rights of the Public.
n Justice Gaynor, of the supreme court
$ handed down a decision today on ap
I plication of Joseph LoadeAsor a imam
l. damus to compel the Brooklyn Height
; railroad TO operate its cars in sufficien
, numbers to accommodate the publ
= in Fulton street district, the Putnam
Il avenue. Green and Cater and Temp
a kins avenue lines.
= Loader, upon whose application tn
q writ of mandamus is issued is a mer
:. chant who alleges his business suffer
e by reaon of the failure of the compan,
5, TO operate its lines.
h Justice Gaynor's decision is as fol
e lows:
# 1T is my duty to declare the law 0
If this case. The railroad corporation &
e not in a position of a mere private in
5; diVidual or company, carrying on busi
: ness for private gain, which may sus
h pend business temporarily or perma
e nently at pleasure. On the contrary,
l. has a dual relation-a public relatio
l. to the people of the state and privat
d one to its stockholders. It must not b
e forgotten here, though it may seem
st be growing, not wholly forgotten else
n where than in its chief aspect, 1T is
lie public corporation having duties t
= perform to the public which trans
IS cend any obligation which in its pr
N waite ASPECT it owes to its stakeholder.
d cit has received franchises of grea
g value from the state, and had conferre
n, upon it the states transcendant poWe
l. of eminent domain.
Of "In return, it took upon itself tt
D. performances of. public duties al
l. functions, in the performance of whic
IS it is in law and in fact, not an ind
i'd pendent individual or entirety, but tt
j. accountable agent of the state. Thoue
ly the principles are old and inherent
n the idea of the sovereignty of the pc
id pie, it would seem that recent rap
l. growth of corporate power and of tt
n tendency to use public franchises fl
= the ACKNOWLEDGEMENT of individuals fir
;. and for the service and benefit of II
% public second, they have come to
" somewhat overlooked and need to be +
!. stated.
Is Duty of the Company.
~ "They have often been declared I
n the highest courts of this state and Il
i supreme court of the United State
r. The duty of the company now befo
- the court is to carry passengers throul
ie certain streets of Brooklyn and to fu
oee nish. man and operate cars enough
VI fully accommodate the public. 1t m;
as not lawfully cease to perform tn
duty for even one hour. T.
directors of a private business cor
ia pany may, actuated by private gree
al or motives of private gain, stop bus
X ness and refuse to employ labor at {
v unless labor comes down to their co
: ditions, however distressing; for SUI
= are the existing legal, industrious al
isocfal conditions. But the directors Of