The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-01-26
srxrrIs. sx4UnDSf, J1x. 20.
pur.s. ar rraIre EXPLOITATION,


The decision OF judge Gaysaor. OF the
Nsw York snpresrse euurt, in an aetion
brought by d citizen 81 Brooklyn 10
compel a street car company 70 conn
My with It's franchise contract AID
operate It's lines. In of far reaching I'M
portance. 1t goes to the bottom OF the
matter and declares In emphatic lam
ruaz,e the superiority OF public over
private rights. where. as In the case
before the court. they come into direct
conflict. II feaffirms the doctrine. as old
a. the common kw. that persons en-
eaxing TO perform public service are
bound to do so. although private loss
may thereby ensue. II marks clearly
she difference In the relations Of private
PARTIES TO tho public when engaged In
pri9ate pursuits on the one hand or In
public service on the other.
A corporation engaged in the busi-
ness OF public carriage occupies, IN
tho language OF the court. "a dual re-
laa.on: q public relation TO the people
OF the state and . private one 10 the
stockholders. It's chief aspect IL that
Ii 81 public corporation having duties
to perform which transcend any obii-
CATION which In Its private aspect II
owes TO It's stockholders" It 'has re-
ceive1 franchises OF great value from
she state, and had conferred upon 1t
The states trnssscenaasd power OF emf
merit domain In turn. II took upon IT.
self the performance OF public Duties
and functions. in the performance OF
which It Ii. In law and in fact. not an
independent Individual or entity, burt
the accountable agent Of ne state.
The court, proceeding on this line
81 reasoning. declares that ''in respect
OF the question OF hours ard wages be-
tween the company and its employees.
fss duty was to have gone on with its
full complement ef employees. having
the right gradually. aud from day TO
day. 30 ripezxesie Its employees. IL IL
can. by new employees who will work
on iss terms, or TO ssapersede them all
al once when It had obtained a sufii-
cissnt number Of employees for that pur.
pose. hut m si.ch controversy 1t has
not the right to stop it, cars while II Is
THIS gradually getting other men IL
the people OF the slate were trimming
this rtsad they would not thus ineom-
mode aEti damage themselves. end IL
must not be forgotten that this cor
ypratlca Is entrusted with the Running
OF rScse roads as tho servant Of the
people 81 the state"
The conclusion arrived at clearly
states the duty OF persons and corpora
tons engaged in serving the general
public a. common carriers. Each party
1.-THE employees and she employing cor
possatIef or Individual has the rich,
TO obtain the bSsSt terms Ii can. But
this Is a auhogslinate right. For. saws
the court. ''lf the company csnnot get
men az a price Il thinks fair It Is bound
to st them AZ a price IL may deem cx-
oTbatssst. because It's duty lis 10 run the
reads" This IN the meat Of the mat
ter and the sicelzton is SO obviously isst
shai II Must meet with universal ap-
profsstlcn. II denies the right OF rail-
ro#a or other cesirna aisss engaged In
public service 20 grind down their en-
psoyss TO sess than living wages ard
then wlaen they rebel ard quit IN
shsssr desperation. 70 cease operation IL
rs tines Until IN sts own good time It
ear find other sIaen In such aore straits
Tor means Of existence that they will
arSspt the pissance offered.
II ought ~ be eafowccd stern.v ard
swiftly. II declares that the masses
81 the people. whnm the corporation
has agreed 20 serve. end from whom Il
has rsceised legal existence, powers
end gsssrflegS~ are asst 10 be considered.
ssart the private rights ana interests
OK stockholders tn companies OF tA{s
character are subordinate 10 the nsS,es-
ssfies. usss ard eSrvsntcnce % TIE gen.
essi pssane. In short. that whas the
Fsgns af contract with AMI regusssf,.,
OK Nages - b. pv.d e. ss:arlsyes re~z.
"a TIE management 81 ssaea e.avvs,~s.
sasss. the right 81 the paagIe q y.
ssrsed as pross9ssi in tie frs.nehIse \
superior ana ssuss net te Sah,wss,nasr
g OF wait upon the esseSes.se az any rs,n-
sersy about hours OF Taass- or rae
at wages.