Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-01-26
20 DAYS TO ANSWER
Alternative Writ of Mandamus at
Brooklyn.
RIOTING CONTINUES At BROOKLYN
Guerrilla Warfare Against the
Militia.
MEN RETURN TO WORK

| BROOKLYN, N. Y, January 28.-Judge
| Gaynor has issued an alterna tive writ in
| the application Of Joseph Loader for a
mandamus to compel the Brooklyn Heights
Railroad Company to run cars on its lines
| for the accommodation of the travelling
| public. An alternative writ gives the rail-
road company the option to run cars ac-
cording to the demands of the complainant
or showing cause for not doing SO. This
| allows the defendants twenty days to file
| an answer to the writ.
| In his decision Justice Gaynor reasserts
the principle he enunciated in his earlier
! decision in this case, that the companys
| duty is primarily to the public. He de-
clares that the company's plea that vio-
| lence prevented it from performing the
| functions for which it was created is not
| true.
| II refuse says the justice, 'to find that
either the judicial or the executive branch
| of the government has failed in affording
protection to this corporation.
'This corporation" the court continues.
| "has the right to get labor as cheaply as it
can, but it may not without violation or
| law stop the running of Its cars to try to
beat down the price or legal conditions of
| labor.
III was ltS Quty, anu now Is us uuly, "
| run it's cars at the best terms 1t can make
| for the day, being at full liberty to super
| sede its employees gradually from day to
day, or all at once, if it have men enough
| at lower or better terms. Its chief duty is
to run its cars, and all considerations Of
private gain to its stockholders must yield
| to that.
There being disputes in the case as to
some of the facts. the law makes 1t my
duty to allow an alternative, instead of a
peremptory. writ, but though the command
Of the people be less abrupt or peremptory
! in that form of the writ, 1t nevertheless is
| the peoples command. / also prefer to
| issue the alternative writ, as that is the
| more moderate course, and should prove
sufficient.
LET, therefore, an alternative writ of
mandamus in the name OF the people OF
| the state of New York issue, commanding
| this corpora ton to resume the operation of
| it's roads and the accommodation of the
| public as fully and completely In all re-
spectS as 1t was doing prior ana up TO jan
uary a. 1885,.
| A Startling Report.
It was reported this morning that the
| strikers at Maspeth late last night waylaid
non-union man who was on his way
| home from the stables and knocked him
down and gagged him. They then, it was
| alleged, carried him to vacant barn,
| where they put a rope around his neck and
| suspended him from n beam, but he was
| rescued before he had been strangled to
| death.
| Sheriff Doht investigated the report, but
| at noon had been unable to find any trace
| of the man who is alleged to have been
| maltreated. The doctor who was alleged
| to have attended the man stated to re-
| porter that he had attended number OF
| persons who had been injured during the
| trouble, but had not been called to treat
any one for serious injuries.
No Respite for the Troops.
| There will be no respite for the soldiers
| now on duty in Brooklyn today. 1t was re-
| ported that the men Of the seventh regl-
| ment would be sent home today, but in
| view of the petty rioting which is being
| carried on in every direction all the reSi-
| ments of the first and second brigades eX-
cept the ninth regiment will be kept here
for several days.
Gen. McLeer said this morning that the
troops will remain in Brooklyn just as long
as there is trouble and their presence de-
mandS it.
1t is believed that the militia Will be
transferred to the GreerpoiEt section OF
the city today.
At the ONCE OF the Brooklyn Heights rail-
road u representative OF President Lewis
| said that between twenty-five and thirty
of the old employees have been taken BACK
to work. Over one hundred letters have
| been received from the old employees asking
that their cars be kept fer them.
work and would return, but are afraid of
| violence at the hands of their fellow
strikers who are determined to remain out.
1t was also announced that lines
would be opened today, owing to the dense
fcg.
Police Sergeant Conl1lin, with a squad
| of forty men, raided Odd Fellows Hall,
the headquarters of thee strikers on Pal
metto street near the Ridgewood station,
during the night. Four hundred men were
in the place at the time. The strikers
scattered in all directions. All the saloons
in the vicinity were closed by the police.
At meeting of the strikers committee
Of seven was appointed to secure lawyer
| and take the matter of police raids upon
their headquarters into the courts.
A Guerilla Warfare.
1t Is impossible for the soldiers to cover
every place where there is danger of
uprising, and the strikers and sympathiz-
ing mobs are carrying a guerilla war;
fare. They rush to attack and then
disperse and by the time the authorities
have been notified and forces have been
sent out against them, there is no one to
arrest for the wrecking of property that
has been done. Pursuing these law break
erS has proved very eXha uSting task for
the soldiers. The hope that they ail-or
at least some of them-would spend Sun
day with their families has been diSpeiled,
for the attitude of the strikers indicates
that as soon as the soldiers are relieved
lIOH uuty There VIII ne 1uTtner scenes OF
violence.
With the large force of 1,5OO policemen,
1000 specials some 200 or more Pinkerton
detectives, and 1000 of the states best
troops, the mobs continue their terrorizing
work. The weather has been severe. and
this morning the men are marching around
through the snow and slush up to their
shoe tops. Many Of the mobs are led by
men who have real interest in the
strike, except that they sympathize with
the strikers.
The more law-ab.dirg of the strikers are
awaiting with hopetulness the decision of
Justice Gaynor of the supreme court in the
ma ndanuS proceedings which have been
instituted against tie companies to compel
them to run their cars .
About 200 of the men who went out on