The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1895-01-25
MUST RUN THE CARS
Judge Gaynor VIII Compel the
Brooklyn Companies to
DO So.
NO RIGHT TO STOP TRAFFIC
Even for an Hours Time They
Are the Servants OF the
Public.

BROOKLYN, Jan. 25.-Justic8 Gaynor'
of the supreme court has handed down
his decision ON the application Of Joseph
Loader for q mandamus TO compel the
Brooklyn Heights railroad to operate its
cars In sufficient numbers to accommo-
date the travelling public, in the Fulton
street, Putnam avenue, Green and
Gates and the Tompkins avenue lines
He signifies his intention of granting
mandamus, the form to be determined
ON the argument Of counsel in court.
Loader, upon whose application the
writ Of mandamus is issued is q mer-
chant who alleges that his business suf-
fers by reason of the failure of the com
pany TO operate its lines.
The Decision.
Justice Gaynor's decision in part is as
follows:
It is my duty to declare the law of
this case. This railroad corporation il
not in the position of mere private in-
dividual or company carrying on busi-
4kGGO AUA pAAN0eG gam WkkAC1 may GN9~
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 one
TO Its stockholders. It must not be for
gotten that i'm it's chief aspect il in pub
Tic corporation having duties 10 perform
TO the public. which transcend any OBJ
legation which in its private aspect it
owes to it's stockholders. It has re-
ceived
Franchises OF Great Value
from the state and has had conferred
upon it the states trancendant power of
eminent domain. In return it took upon
itself the performance of public duties
and functions, in the performance of
which it is in law and i'm fact not am in
dependent individual or entirety, but the
accountable agent of the state. Though
the principles are old and inherent I'M
the idea OF the sovereignty of the people,
it would seem that in the recent rapid
growth Of corporate power, and Of the
tendency TO use public franchises for the
ACKNOWLEDGEMENT of individuals first and
for the service and benefit of the public
secondly, have come to be somewhat
overlooked and
Need TO BE Restated.
They have often been declared by the
highest courts of this state and the su-
preme court of the United States The,
duty of the company now before the
court is TO carry passengers through cer-
tain streets OF Brooklyn, and TO furnish,
man and run cars enough to fully ac-
commodate the public. 1t may not law
fully cease to perform that duty even
for one hour. If they cannot get labor
to perform such duties, at what they
offer to pay, then they must pay more,
and ais much as lis necessary to get it.
Likewise. If the conditions in respect
OF hours or otherwise which they inn
pose repel labor, they must adopt more
lenient or just conditions.
MUST Keep Them Going.
They may not stop their cars for one
hour, much less one week or one year,
thereby to beat or coerce the price or
conditions Of labor down to the price or
conditions they offer. For them to do
90 would be defiance of law and of
government which, becoming general,
would inevitably by the force Of exam
pie lead TO general disquiet, to the dis
integration Of the social order and even
the downfall of the government itself
Experience shows the wisdom of our
fathers In retaining at least some con-
troll of corporations to whom are given
public franchises for the performance OF
public duties.
The court cited one or two cases as
precedents, and continued:
It being admitted that the company is
not fully operating its line Of road, I
feel it my duty to allow the writ prayed
for, either in its peremptory or alternate
form, unless asufiicient answer has been
made in law. AS have said, the learned
Judge who heard the previous applica-
tion, decided that the answer then made
was even insufficient to raise q question
Of fact, and only refused the writ in
order to give the company more time
with an adlmonition to it that III should
not longer delay. I do NOT think the
present answer OF the company il suffi-
cient to prevent awrit from being issued.
violence Not m Exeu.e.
The claim OF violence amounting to 4
prevention Is not legally made ont. In
stances OF violence generally by other
than the former employees of the com
pany is shown, but it Is also shown that
not only the police force ofsthe city,
but over 1000 soldiers are preserving
order, and I cannot believe that this
company Is not protected In It's rights,
nor do think any question Of fact Ii
. fairly raised On that head.
{ Bonrgeoise Giyes Up.
PARIS, Jan. 25. nj. Bourgeois has
finally given up the task Of attempting
TO form cabinet.