Birmingham age-herald., 1895-01-31
BEFORE THE ATTORNEY GENERAL
COUNSEL ON BEHALF OF THE PEOPLE AND
 ApGIrn1ENra

COUNSEL ON BEHALF OF THE PEOPLE AND
 STRIKERS MAKE ARGUMENTS.
 ALBANY, N. Y., Jan. 30.-The hearing before Attorney General Hancock this morning on the application of John Gib- lin, master workman of District Assembly 49, Knights of Labor, and Andrew Best, master workman of District Assembly 75, Knights of Labor, to commence an action against the Brooklyn Heights railroad, was set for 10 o'clock this morning. Gib- lin and Best were present, intended by Congressman -elect William Sulzer and James A. Dennison. Raphael J. Moses was also present in the interest of the strikers. Editor Graham of the Mercury, John H. Fife of New York city and T. J. McGuire of Amsterdam, member of the general executive board of the Knights of Labor, were present as spectators. The Brooklyn Heights company was repre- sented by Thomas s. Moore of Brooklyn and William C. Trul of New York city.
 The application asks the attorney general to begin an action to annul the charter of the company for failure to prop erly operate it's lines during the strike.
 MT. Moses addressed the attorney gen. era, saying he did not appear as the petitioner, but he desired to be present, being interested in the case as the counsel obtaining the mandamus issued to compel the company to run it's cars. MT. Moore asked an opportunity to put in answering atiidavits for the company. This would take two or three days. President Lewis was so busy and counsel so tied up with legal proceedings that nothing could be arranged in the way of a reply on the short notice given.
 Colonel Dennison answered that the com pany was only seeking delay. The charges now laid were identical with those made before the state board of arbitration and before Judge Gaynor, and the counsel had had three distinct opportunities to answer. Every day's delay meant hundreds of thou sands of dollars lost to the public and tremendous inconvenience It is also in- volving big losses to merchants. The counsel were notified at the earliest hour Tuesday morning, and the companies by this certainly had time to make a denial.
 Colonel Dennison said he would make his case largely on President Lewis' ad- mission.
 Attorney General Hancock announced that he would hear the arguments, and if it became necessary to get additional pa- pers ID adjournment could then be had.
 Colonel Dennison then began his argu. ment, which he said was on behalf of the general public and not merely for the strikers. He asked no assistance of the attorney general in the effort to settle a question of wages or anything of that sort. The theory he brought the action upon was to stop the enormous inconvenience and loss to the general public. The ground upon which the attorney general was
 
 1798 of the code. The company had been guilty of acts specified under this section which made it possible to annul it's char ter. The situation showed that the com pany, which originally had three- quarters of a mile of track, had leases of other roads which gave it abj jut 800 miles of track, and he understood it claimed safB,fftaY 0fr14p,- OOo, ooo. The coYR6y had been annually | making agrshenls with it's employees, but | thls yeaFhe negotiations began in 'Sep-al tempe rnad not been carried through. One | othe main reasons of the disagreement | had been a refusal of the company to agree | to promise not to employ their men more | then ten hours day in violation of state laws. Colonel Deunison at this point re ad the l article presented to the officials of the com- pany bearing on this point, and showed that the paper had been marked to show | that the company rejected the section. The | men, aside from the laws, needed their full | faculties to discharge their duties with | safety 10 the public, and could, not have | them and work long hours. accompany | had wiiiiulIy put themselves in position so