River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1895-01-31
and returned to the stables without in

and returned to the stables without in
jury
Coroner Kane took Carney's deposit
ton. He said he had been working on
the roof of No. AL Hicks street all day.
Another nan was repairing the middle
of the roof while he was at work at
the front. lie said that he did not
throw anything off the roof; that he
heard the order: 'sStand back therev
and started to run back, when he was
shot.
The man Thomas Carney, who was
shot in the battle of Hicks street
Wednesday afternoon, died at 2:45
a. m. Thursday. His was the second
death from the bullets of the soldiers
charge.
Judge Gaynor's Opinion.
BROOKLYN, Jan. 26.-The following is
a synopsis of Judge Gaynor's opinion
handed down Thursday morning in the
matter of the application of Joseph
Loader for a mandamus to compel the
Brooklyn Heights Railroad company
to operate their lines. lie decides that
a writ shall issue and has set 10 o'clock
to-day as the time TO hear counsel of
both sides as to whether the writ shall
be peremptory or an alternative one
Judge Gaynor says:
The railroad company is not in the posi-
tion of a mere private individual or company.
carrying on business for private gain, which
may suspend business temporarily per-
manently at pleasure. On the contrary.
1t has a dual relation public relation
TO the people of the state and a
private one to its stockholders. IL must
not be forgotten here, though IL may seem to be
growing dim II not wholly forgotten sewhere,
that IN its chief aspect It Is a public corpora
tion. having duties to perform to the public
which transcend any obligation which In its
private aspect 1t owes to its Stockh olderS- IL
has received franchises OF great value from the
state, and has conferred upon IL tle states
transcendant power OF eminent domain. In
return IL took upon itself the performance of
public duties and functions. In the perform
ance of which it is. in law and in fact. not
independent individual or entity, but
the accountable agent of the state.
Though these principles are very old
aud inherent in the idea of the
sovereignty of the people, it would seem that
IN the recent rapid growth OF corporate power
md OF the tendency to use public franchises
for the ACKNOWLEDGMENT OF individuals first.
and for the benefit of the public second, they
have come TO be somewhat overlooked and
eed to be restated."
SOtS W Tic
rights of the company to employ labor,
but says If they cannot obtain men at
wages which they set it is their duty
to employ them at any price in order
to operate their roads and discharge
their duty to the public. The decision
says:
In respect to the question OF hours and of
wages between the employees, its duty
to have gone on. and now IS, to go on with it's
full complement OF employees having the right
gradually and from day to day to supersede its
employees IL 10 can, by new employees
who will work on It's terms or to supersede
them all at once when IL has obtained a sum-
cient number OF new employees for that pur-
pose: but in such controversy II has
Tot the right to stop its cars while
ii - thus gradually getting other
men II the people of the state
gere running these roads they would not thus
iHct rnnode and damage themselves and IL
must not be forgotten that this corporation is
entrusted with the running of these roads as
the servant Of the people OF the state"
Loader, upon whose application the
mandamus is granted, is a merchant
who alleges that his business suffers
by the failure of the company to oper-
ate the lines.