The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-01-27
8ROOKLYN'S LABOR BATTLE.
e,YNOR GRANTS AN ALTERNATIVE
WRIT OF SIANDAMUs.

peremptOry One-The State Board
~ Arbitration in SessiOn-The In
ouest Into the Death of Carney to
Begin Next ThurSday-More sISir-
mishes Between Police and
strikers.
Brooklyn, y. Y. Jan. 2s.-Judge Gaynor
rendered his decision to-day in the appll-
cation for a writ of mandamus to compel
,be trolley companies to operate their
lines. From the judges epressions in
bis decision on Thursday in setting the
uue for a hearing as to the kind Of writ
10 issue, the general conclusion was that
me writ would be a peremptory one. This
would compel the officers of the roads to
operate all lines at once, or be in con-
tempt Of court. The judge heard argu-
ment yesterday. and to-day issued an al
tentative writ Of mandamus. This allows
the officers of the lines twenty days to
answer and the questions of fact as to
whether they have exercised their best
eadsayors to operate their lines may be
u.ed before a judge or before a jury.
The opinion of Judge Gaynor is as fol-
lows. My views of this case remain sub
stantially the same as they were at the
close OF the argument upon the first hear
ing This corporation is primarily a pub
Die one and its first duty is to the public.
Its private duty TO its stockholders cannot
lawfully stand between it and its duty to
the public. 1t is entitled to the full pro-
lection Of the government in the perform
ance Of its public duties, protection on the
one side, and obedience to law and duty
on the other, being reciprocal and going
hand in hand. 1t has had such protec-
ton and it now has it. l do not find that
the government has failed in that re-
spect at all. Instances Of disorder have
occurred, but they have been speedily
suppressed. l cannot, therefore, attribute
10 the government the failure of this cor
porauon to perform its public duties and
deny this application. 1t follows that a
writ Of mandarin must issue. This
court upon this application stands be-
tween the public and this corporation
and may not swerve from full declar-
alton Of the law in the case, or from a
full compliance with it. That this corpor-
alton is not fulfilling its ordinary corpor-
ate duties to the public is not denied IT
presented the issue to the court that the
reason for it is that it is overcome by
violence, and tine government does not
adequately protect it. This might be a
sufficient answer in law if true, but Ire
fuse to ind that either the judicial or the
executive branch of the government has
failed in alfording protection to the cor
poration. There is no violence before me
upon which l can cast such a reproach up
on the state.
1T was mentioned in the argument that
two other street railroad corporations in
the city Of Brooklyn have been all the
While running their cars in the usual man
ncr.
This corporation has the right to get
labor as cheaply as it can, but it may
not without a violation OF law, stop the
running OF its cars to try to break down
the price on legal conditions of labor. 1t
Is It's duty and privilege to run cars at
the best terms 1t can make for the day.
being at full liberty to supersede its en-
ployes gradually from day to day or all
al once if it has men enough at lower or
DetIer terms. Its chief duty is to run its
cars ana allied relations of private gain
20 us stockholders must yield to that. In
my former opinion l showed this to be
the law of the state, declared by its courts,
ana shall not now enlarge upon it. There
uelhg disputes in the case as to some of
'ne Iacts, the law makes ii my duty to
aIow an alternative instead of a peremp-
IoIy writ but though the command of
the people be less abrupt or peremptory
~ n mat form of writ, it nevertheless is
tNe peoples command. 1 also prefer to
issue the alternative writ, as that is the
more moderate course and should prove
s1lAcleht In view of some things said
upon Ine argument, it is not improper for
me court to say that it has no fear of any
obstruction to this writ of the people, for
, --iS community is law-abiding. Nor is it
improper Tor II to suggest that violence or
menace or wrongful interference of any
anu should wholly cease, so that in the
eH1 II may be said that if there was any
YIoialion Of the law, it was not by the
Reople' and in due time wherever the
"ioAg or the weakness lies, it will be
-eMedled peacefully and in order in one
way or in another
TeN therefore, an alternative writ of
.t9Als mus in the name of the people of
, -0 STATE of New York issue. command
-t -ts mis- corporation to resume the opera
~ ton OF It's roads and the accommodation
~ ~ me public as fully and as completely
In al ~ respects as it was doing prior and
up 10 Jan. IA, 1895"
s.,. 0ofoner Keene has set next Thurs
t5S evening for the inquest into
death of Thomas Carney. the
Jio- iiaH snot by the Thirteenth regiment sol
Tr-S IN the Hicks street affair of last
a,ssuIsaay. Col. Austen, Maj. Cochran ana
ST. --- oHcers of the regiment have been
testify. @ - ''''iipei u oi'iAeiis VIII
s... .Ie state board of arbitration was in
~. TsoH Today al the Hotel St. George.
1aHs. morning, Master Workman Con-
,v.iy evag appeared before the board and was
sn5 o55@Ihed as to the causes of the strike
W.. "osslole remedial legislation to pre-
NJ ~ repetition of the present trouble
IN ohnely declared that the only way
op,I event strikes was for the state to
n,a. me railroads and he would very
in eH VA AAe to see the people of Brooklyn
The city. '''''"@S system u
di.e.,yer dEia%yer Moses, the legal adviser Of the
s,rl.' assembly, said there was no
Ike y, out lockout He said he would
the W. gee law passed giving the courts
nrs itSAt to issue a peremptory manda-
~ mat IS not appealable.
rnavC- board sent for the presidents, the
info1HI ana everybody who can give them
auon about the strike.
forr-.-ef Workman Connolly. when in
Judc. % oI the issuance Of the writ by
rneTa Iaynor, showed great disappoint-
tor, nat ~. II had not been made peremp-
MAJ me long crowd Of striking motor
him @ - conductors in the room with
thu "ere loud in their expressions that
Of 80 80 was by no means ended because
courts failure to get the support of the
commissioner Ire,,,o,- ,,.-.s -. q.