New-York tribune., 1895-02-14
Master Workman
rporrry HEARINGS CLOSED.

ATTORNEY GENERAL HANCOCK WILL MAKE
KNOWN HIS DECISION THIS MORNING.
Albany. Feb IA hearing was set for O'Clock
,his afternoon before Attorney General Hancock
an a petition OF Daniel Carlin formerly conductor
IN IN. Hrooklyn Heights Railroad. that the Az
torney- General begin an action to oust fres'oeh'
Daniel T. | evils OF the Brooklyn Heights Company
,r,,, his nositlon on the ground that he had vo-
lated th. ten hour law also on the petition OF rat
rick j. Kennedy formerly a conductor on the At-
lantc Avenue line. that similar action be begun
against President Norton. on the same GROUNDS.
Raphael j. Hoses present as counsel Tor the
mon and Ia mel Carn was also present. together
Win - I Collins of the Executive Board OF Dis
,ric, Assembly No IS: John j. Butler John Bren-
nan owen Cavanaugh and william Marion. Inc
latter were all employees OF the Brooklyn trolley
companies before January II. Messrs. william t.
Trull of New-York city. and Thomas s. Moore
OF Brookyn were present as counsel for the Brook
10, Ueigh,s company and s. 5. Whitehouse. OF
Rrooklyn for the Atlantic Avenue Company. In op-
position TO the application.
The men, in their petitions reciting violation Oh
the law allege that in the contracts which they
signed with the companies all standing time ana
meal time vas excluded from hours Of labor and
also all other time. except when they were roaHy
engaged In operating their ears. . ,,-.
and read the affidavit OF Mr.. Carlin Attached TO
the affidavit was copy of the agreement signed
by the emp,oyes of the Brooklyn helshts NonPanH
road Company made aiidavits similar to Carlin's
regarding the Brooklyn Heights Company. Thomas
s. Moore presented an answering ahdavlt from
President Lewis denying that he had been guilty
OF any act In violation of the law -
Mr. Moses argued that If the president OF COM
pany evaded the law and the road operated IN,
volycd "A large number of people, an action should
be brought The aiiidavits showed that President
Lewis sanctioned agreements with the employees
and therefore, II there was defiance OF the law ne
was responsible. The law should not be violated
by allowing :he companies To keep the men eh-
ployed without compensation during the time the
cars were standing still ,. ~ ,..,,,.
Mr.. Trull for the company argued that the statute
with respect TO the misconduct in ONCE OF presi
dent OF company related solely 20 acts anevnhs sh
the properties rights. etc, of the company IL msni,
an assault and battery should be removed from M
office as president Of the company on the sIou,u
of misconduct In office 1t competent Ior thr
employees under the law To contract 10 WoI az, -,
had done under the agreement they signed VII" w
company The law also said that II was a ME M
demeinos for employer 10 exact uhItWiu ui, npu'
of labor from employees. but there was iio ', LII -,
ton against the employees voluntarily aHiceH"S
enter into contracts to work ten hours or ihor' W
agreement had been in the interest OF tne h,s' a. a.
much as of the company Otherwise soi',- Va ~ ~.
men would not work siX hours day,, silSe .iiei .ii,
cOud NOT finish their routes. Iney hai Deer W. ~
satisfied with the compromise whch was "i"ue ~
Mr. Whitehouse for the Atlantic Avenue company
said that the employees had generaiiy acceP'eu "e
roads construction OF the ten,hour law, 50 o,oo,o,
nresldent of the Brooklyn Heights road since the
alleged acts complained OF had been conim.'eu' anu
fhat such a case as proposed could not lie
The hearing was closed ana hi hoc,sen "a
Uancock said he would make known MS decision TO-
morrow morning on this application as wei as on
,hat which he Is now considering. asking hlm 10
hrny an action to annul the charter OF the Brook
yn Heights Railroad Company