The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-02-14
4 FINAL CUFF.
Attorney General Hancock
Dismisses the Suits
Against Brooklyn Troll
ley Companies.
NO FACTS TO SUPPORT THEM
Evil Complained Of Would Not
Justify Charter Forfeiture,
Even Ii Proven
NO FACTS TO SUPPORT THEM

applications are made to have ac-
tions commenced against tie Presidents
OF the Atlantic Railroad Company and
OF the Brooklyn Heights lea.lt'ad Com
pany to remove each OF said officers
from their positions as Presidents OF
the respective companies with Which they
are connected. The applications are ul1-
der the provisions of l,751 of the Code of
Civil Procedure, whlch reads in part as
foilows.-'An action may be maintained
against one or more directors, managers,
trustees or other officers of Il corpora
ton, directing Judgment for the fol-
lowing purposes, on SO mIch thereof as
the case requires. Section l. Re-
moving defendant from his Office upon
proof or conviction of misconduct aud
directing d new election to be held by
The body or board uGiy authorized 70
hold the same in order to supply the
LEGAL EVIDENCE LACKING.
These applications are made on the
theory that the Presidents of these cor
porarions have violated the provisions or
Chapter 529 of the Laws OF 1887, Which
limits the hours OF labor per Gay to be
of street surface and elevafed railroads
owned or operated by corporations incor-
porated under. the laws of this State
whose main Ines OF travel or whose
routes lie principally within tha corporate
limits Of cities Of more than one hundred
thousand lnhabilants. It's shaptsr
Ger or agent of such corporation tc ex-
act from any OF its employees more tfln
ten hours labor, the same % be per-
formed within twelve consecutive hopis
with not less tfan one-half hour scr
dinner, constituting a day. Although this
is not. part of the general railroad
to especially control the conduct Of Off
GERS having in charge the operation OF
street surface and elevated railroads In
our larger cities. The public interests
a disregard of it's provisions by the presa-
dent OF a railroad corporation is not only
jury both to the public and the corpora-
ton. The papers before me ailege IN
general terms a violation OF the law,
but the allegations must be proved by
presidents are concerned has not yet
been presented to me.
Investigation now or hereafter to be
made, that 1t can be established by com
petent proof that the presidents of the
Companies have broken the law by, ex-
acting excessive hours of labor from
their employees the cases will receive
THE CHARTER ANNULMENTS.
The following is the Attorney-G General 6
opinion in dismissing the application ask
ing him to commence an action to va
cate the charter and annul the existence
'"The Attorney-General is requested to
apply to the Court for leave to bring an
Brooklyn Heights Railroad Company un-
der the PROVISIONS of Section 1,79S of the
Code of Civil procedure; The grounds
ton should be commenced are certain
alleged offences and violations of the
law committed in the month of Janu-
airy, 1895, and | am requested on account
thereof to take steps to annul the ex-
istence of the corporation and to have
receiver appointed who shall sell the
proceeds thereof according to law. The
counsel who made the leading argument
before me, in requesting the action. to
be brought, and who has since that time
submitted his written brief, has stated
that he does not make this application
in behalf of the late employees of the
of the general public. 1t would indeed
be difficult to demonstrate how the ac-
ton which | am requested to bring would
be of any benefit to the men who have
been thrown out of employment, ana
who in common with many others, have
suffered in .consequence Of the unfor-
called public attention to the city OF
Brooklyn. Actions Of the kind demand
q in this a,Eplieatton as a general rule
sons of limited means and small savings
who have been induced to invest their
earnings in the stock OF corporations
advantage to wealthy syndicates and in
dividuals who are frequently enabled ta
tions at much less thar, their actual
value. The sale cf railroads. py receivers
to the ruin of men in moderate circum-
stances, and the further enrichment of
those who already have an abundance,
has been matter of not infrequent oc-
currehce, and Is a familiar page in the
history cf the railroads of this and other
THE QUESTION OF FACT.
The question then presents, itself
ton IN to to be brought for the forfeiture Of
the franchise of this particular corpora
ton. As g basis Of any such action. the
sent a petition to the court stating the
grounds and the particular acts which
in his Judgment constitute legal reasons
the corporate existence of the Brooklyn
gently held in the matter ef TIE Central
State Reporter, 1872. Before authority
should be. given to bring an action to
ne t. a annu the
ney-General should point out, IN his ar5.
plication to the court, the particular act
are sufIicient to justify the
bringing of such an action, and should
aIlege in his petition wherein the corpora
ton has violated the laws of the State
what it has done or omiifed--Whleh allie
cations should be supported by sufficient
evidence, to rendsa- It = obable that a
such ar acton has been begun IS ,usa-
ness Of the corporation assailed, ana
authority to commence such an action
should not be lightly given.
81 have examined with care the
charges preferred in this particular, case,
for the purpose Of determining whether
the facts presented constitute cause
OF action OF. would Justify the bringing
of suit to forfeit the. corporate fran
tween violations of the law committed
by individuals who are officers Of a
corporation and Illegal acts chargeable
to a corporation Itself. 1t was claimed
upon the hearing that the officers Of
the corporation have required its en1-
gloyes to labor more than ten hours per
the statutes regulating the hours Of
labor in street surface and elevated
railroads chartered by the State. in
cities Of one hundred thousand inhaD-
-, 8 WHAT THE Law SAYS.
"The provisions Of the statute are
CHAPTER s2s IF of the laws of issI limit the
cities of more than ola Hundred fho,l-