The Delta independent., 1895-01-30


OF the Supreme court handed down his
decision on the application Of Joseph
Loade for a mandamus to compel the
Brooklyn Heights railroad to operate
its cars in sufficient numbers to accom-
modate the public in the Fulton street
district Putnam avenue, Green and
Gates and the Tompkins avenue lines.
He signifies his intention of granting
a mandamus, the form to be deter
mined on the argument of counsel in
court tomorrow.
Judge Gaynor's decision in part is US
follows:
''It is my duty to declare the law Of
this case. This railroad corporation is
not in the position Of a mere private In
dividual or company carrying on bust
ness for private gain which may sus-
pend business temporarily or perma-
nently, at pleasure. On the contrary, it
has dual relation; public relation to
the people of the state and private
vote to its stockholders. 1t must not
be forgotten here, though it may seem
to be growing, not wholly forgotten
elsewhere, that in its chief aspect, 1t Is
a public corporation having duties to
perform to the public which transcend
any obligation which in its private as
pect it owes to its stockholders.
at has received franchises of great
value from the state, and had confer
red upon 1t the states transcendent
power Of eminent domain.
'.In return it took upon itself the per-
formances Of public duties and func-
tions, in the performance of which 1t
t., t,, I.vr .,.I tn n
ent individual or entirety, but the ac-
countable agent of the state"
The circumstances of the strike were
reviewed and the court said: ''The
court in that case allowed writ Of
mandamus to compel the corporation to
do its corporate duty.
THAT private citizen has sumcient
standing to make this application,
which could unquestionably be made
by the attorney general Of the state,
has heretofore been decided by this
court, and must accept 1t as law. Anu
It being admitted that the company is
not fully operating its line Of road, ]
feel 1t my duty to allow the writ pray
ed for. either in its peremptory or al
ternate form. unless sufficient answer
has been made in law. As have said.
the learned Judge who heard the pre-
vious application decided that the ans
wer then made was even insumcient to
raise a question Of fact and only refus-
ed the writ In order to give the COM
pany more time with an admonition 10
1t that 1t should no longer delay. do
not think the present answer Of the
company Is sufficient to prevent a writ
from being issued.
1.-THE claim of violence amounting to
10 lnpaIlv
Instances Of violence generally by 9TH
ers than the former employees Of the
company Is shown. but it is also shown
that not only the police force of the
city, but over 5000 soldiers, are pre-
serving order. and I cannot believe
that this company is not protected In
Its rights, nor do think any question
Of fact is fairly raised on tnat head.
Besides, the persistence Of the COM
pany In failing to run its cars, except
as II may gradually get employees TO
accept Its terms. being in itself unlaw
full, rs I have shown. must necessarily
by its bad example tend to public dis
quiet, II not to some disorder. In re-
spect to the question Of hours and OF
wages between the company and Its
employees, Its duty was to I've gone on
and not to go on with Its full compile
ment OF employees, having the right
gradually and from day to day to sup
ercede Its employees from day to day If
It can, by new employees who will work
on Its terms, or to supercede them all
at once when II had obtained a suffi-
Client number OF new employees for that
purpose But in such a controversy. II
has not the right to stop its cars while
It is thus gradually getting other men.
II the people Of the state were running
this road, they would not thus incom-
mode and damage themselves, and 1t
must not be forgotten that this corpor-
alton Is intrusted with the running
these roads as the servant of the peo-
ple OF the state. 1t therefore remains
for me to determine the form of the
writ, whether 1t shall be peremptory VI
alternate"