The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-01-24
GAYAOR'S DISGRACE
The Brooklyn Supreme Court
Judge Launches an An
archistiC Decision.
TROLLEY MANDAMUS ISSUED
Companies May Not Stop for
Even an Hour = Wire
Cutting Ignored.
CARNEY DIES OF HIS WOUNDS
Second Victim of the Strike, Like
the First, Was Guilty Only
Of RashnesS.
BACK OF TIE STRIKE BROKEN
Cars Runufng on All Main Routes
CARNEY DIES OF HIS WOUNDS
BACK OF TIE STRIKE BROKEN
Cars Running on All Main Routes
Wholesale Wire Cutting-Gniy
Few Linemen Out.

BROOKLYN, Jan. "a. 1s95.-Judge Gay
nor this morning handed down an order
directing that mandamus should De
issued directing the Brooklyn Heights
Company to operate all their cars on
all their lines or else show cause why
their charter should not be forfeited.
Judge Gaynor said the only point for
him to determine now was the form OF
the writ, whether it should be peremp-
tory or alternative.
He will hear counsel on both sides on
this point tomorrow morning at ten
o'clock.
The application was made yesterday by
John Loader, Fulton street business
man, who complained that his business
was injured because the cars were not
run.
This company is not in the position
of a mere private individual or COM
pany," writes Justice Gaynor in his opln-
ion.
1T has dual relations public one to
the people of the State and private
one to it's stockholders.
1T Las received the most valuable
franchises from the State, and also the
power of eminent domain
I'm return it took upon itself the per-
formance of public duties ami functions,
and is an accountable agent of the
State.
'.The duty of the company is to carry
passengers through certain streets of
Brooklyn and to furnish cars to run
them.
TT may not lawfully cease to per-
form that duty for even one hour.
.sTne directors of a private company
may, acTgated b.. private greed or mo-
tives of private gain,S stop business and
refuse to employ labor at all, unless
labor comes down to their conditions,
however distressing.
1.-The directors of railroad corporation
may not do the like. They are account
able to the public as well as 10 their
stockholders. They must perform their
duties.
.sThey may not stop their cars for one
hour, much less a week or year to
thereby beat down or coerce the price
or conditions of labor to their own offer.
For them to do so would be de-
fiance of law or government, Whlcn, De-
coming general, would inevitably lead to
general disquiet. disintegration Of the
social order, and even the downfall OF
government.
.T do not think the answer of the de-
fendant company, that violence pre-
vents their running the cars, Is legally
made out.
..It is shown that over 1000 soldiers
are preserving order in Brooklyn, and
1 cannot believe that this company is
not protected in its rights"
CARNEY DEAD.
Thomas Carney the man who, while
working on the roof of the house, NO.
444 Hicks street yesterday afternoon, was
shot by the soldiers of the Thirteenth
Regiment who were guarding a car
which had been started on one of the
lines, died at the Long Island College
Hospital at 2:S5 o'clock this morning.
Like the first victim, Henry Arms, Car
ney was probably innocent of intent to
interfere with troops or cars.
Plenty of provocation to shoot was
furnished by people who were not hit,
and the talk of unprovoked slaughter
by troops is unWarranted by the facts.
The 18th Regiment, which did the shoot
ing, is a Brooklyn regiment, and Its
men are not anxious to kill their fellow
and When for blocks people open win
dows in cold weather when windows
should be closed, throw stones, bricks,
pieces or coal. pOtlieS anu Otiief HliSSilt5
and point revolvers at the troops in
these times of riot and disorder. there
is reason for orders to shoot. when the
and stand back is not instantly obeyed.
Whatever criticism the militia receive,
they should at least be given credit for
periences of the past five days: They
have been subjected to every kind OF
abuse and ill-treatment. They have been
compelled several times to fire yolleys
over the heads of the riotous assem-
blages and to protect themselves from at.
tacks from the shelter of house tops and
windows by rafting bullets ,hs basa against sns
and stand back have been met by deri.
sion, abuse and more missiles.
fred directly at people The first case
was Tuesday night, when, the Seventh
Regiment men shot Ahrens fatally am, ans
wounded Mitchell. who failed to hall
at the second command.
The second was yesterday, when Car
ney, a roofer. did not stand back wher
ordered. The record of the troops is 9
so0D BEG1NNiNG n SS'si OF THE END.
The beginning Of the end ct the !, strae *
tha5r last card yesterday r n orderins
out the electrical workmen on all the
lines affected. They announced that the
roads would pc paTtayzed today py 3yo5s fas
wires. Wholesale wire cutting took place
during the night and many of the line
men obeyed the order to quit work This
gave the conlpan es more trouble. Sew
eraI lines which have been operated fol
several days were tied up for time
in the early morning. They were start
mon and by those who refused to &c
out. The companies started new lines
today, and while normal traffic is no
yet restored. yet cars are operated or
ali the main arteries of travel Smaller
branches m to outlying districts and cross
town lines are still idle.
Greenpoint saw its hrst car ior ter
davs. and its protesting citizens who yes
ferday demanded the forfeiture of char
ters were somewhat Modified
Law and order Is aet yet established
even though cars are able to run will
some degree Of safety to their occupants