The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-01-31
An Important Decision.

Now that the subsdence of the
pedlent u review of the judicial Incl
dents of the great trolley strike, it IS
in order to consider, with some care,
the remarkable opinion rendered dur
ing that strike by Justice Gaynor of the
supreme court. In passing upon the
application Of one James Loader for
q mandamus to compel one of the tied
up street railway companies to operate
cars in sufficient number to accommo-
date the travelling public, the court
'said:
This corporation has public relation
to the people and private relation to it's
stockholders. 1t must not be forgotten
here, though IL may seem to be growing
wholly forgotten elsewhere, that in its
chief aspect 1t is u public corporation,
having duties to perform to the public
which transcend any obligation which, in
Its private aspect, 1t owes to its stockhold-
ers. Though the principles are old and in
herent In the idea of sovereignty of the
people, 1t would seem that the recent rapid
growth of corporate power, and the ten
dency to use public franchises for the ag-
Srandlzement Of individuals first and for
the service and benefit of the public sec
ond, they have become somewhat over
looked and need to be restated." Then
the court went on to say that while the
directors of private corporation may, ac-
tuated by greed or motives of private
gain, stop business and refuse to employ
labor at all unless labor comes down to
their conditions, however distressing for
such are the industrial and social condi-
tons, the directors of a railroad corpora
tion may not do the like for they are not
merely accountable to themselves, but are
accountable to the public first and to the
stockholders second. They must not stop
their cars for an hour, much less week
or month, thereby to coerce the price
or conditions of labor down to the price
or conditions they offer. In respect to
the question of hours and wages between
the company and its employees, the court
said that 1t was the duty of the corpora-
tion to go on and operate its lines with
its full complement of men, having the
right to gradually and from day to day to
supercede Its employees, If it can, by new
employees who will work on its terms, or
TO supercede them all at once when it has
obtained sufficient number of new
employees for that purpose; but in such a
controversy II has not the right to stop
ats cars while it is gradually getting
other men. Each party, the court has
held, has the right to obtain the best terms
II can, but If the company cannot get
men at price 1t thinks fair, it is bound
10 get them at price 1t may deem eX-
orbitant because its first duty is to
operate Its road.
One of the arguments at once raised
against this ruling was that it did not
give the company a reasonable time
IN which to restore its suspended sched-
hle; and by an alternative writ subse-
quently issued, and made retufnable in
Shirty days, the court deferred to this
argument. In his first ruling, however,
Judge Gaynor held that the claim of the
company that it was prevented by vio-
lence from running it's cars was not
made out; that there was ample protec-
ton; and that the real difficulty was it's
refusal to hire men, except on its own
conditions--a policy which can not be
pleaded against the general public.
Naturally, decision of this sweeping
character although true in the main to
the law and to the equity of the case,
has excited very general discussion, in
"hiNH CeiiSuTe 10 lTeely lnteTmlnSle0
with praise For example, we have be-
fore ys two morning newspapers of
minneapolis of the same date, each con-
faining leader upon this subject. The
journal praises the decision as Gun
doubtedly good law" and declares it to
be high time" that "the rights of the
public, the party most interested and
the party which always suffers the most
In conflicts between corporations and
their employees, were thus plainly and
emphatically asserted" The Tribune
upon the other hand, after a facetious
fling or two, proceeds to observe that a
street railway company Is under obliga-
lions to run Its cars as per schedule; but
equity Will always take into considera-
dion circumstances and conditions. If a
sudden tidal wave should cover the streets
OF Brooklyn twenty feet deep, no court
would decide that the company had for
1eited Its franchise for failing to operate
its line while the food lasted If Brook
lyn Is inundated with the turbulence of the
mob, and the authorities are poweress TO
preserve order and afford protection To
men who want to work, no fair-mnded
court would declare Its franchise void DO