The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-06
FRANCHISE FIGHT A FARCE.
THE ACTION OF THE ALDERMEN
WOULDN'T HOLD IN LAW.

The Mayor Almost Sure TO Veto the
RcsOiutiOn-The Street Railway
Company OmcfaIS to Pay no Atten-
tiOn to the Mntter-The Lawyer for
the Labor Leaders Told Them the
Resolution WOuIdn't Stand-The
Use of the Mail Sign 10 Bring no
Punishment ON President Norton.
Brooklyn. Feb. 5.-The resolution passed
by the board of aldermen yesterday, re-
voking the licenses and franchises of the
Brooklyn Heights Railroad Company and
the Atlantic Avenue Railroad Company.
viii reach the mayor in due course of busi-
ness tomorrow. That he will veto it no
body doubts. He is quoted by his friends
as expressing the opinion that the action
of the aldermen is illegal.
President Lewis of the Brooklyn Heights
Company and S. S. Whitehouse. his. coun-
sci. said this morning that they would
pay no attention to the resolution. as it
did not affect them in the least.
Mirabeau L. Towns, counsel for District
Assembly rs, Knights of Labor said: "Of
course no lawyer will hold for minute
that the resolution will stand. ] told the
the resolution would be Illegal, but they
wanted it drawn up that way, so l did It
for them. OF course, the common council
has no right to deprive the companies OF
their franchises. but they can modlty
them. They can change the motive power
from electricity to horse. They are doing
that all the time. They have done 1t in
Philadelphia three times. But this resolu-
tion won't hold
This is what S. S. Whitehouse. counsel
for the Brooklyn Heights Company, said:
1T is impossible for body like the COM
mon council to revoke license or fran
chise on which a corporation has spent
millions of dollars. That is a fundamental
law. You will find it in the constitution
of the United States, that no one shall
be deprived of property without due pro-
cess of law, and the United States supreme
court has decided that due process or
law means a judicial proceeding accord
ing to the common law principles"
The members Of District Assembly NO. 70
were resting on their oars to-day. They had
apparently exhausted all their ammuni-
ton. All last night not an assault on a
non-union man, nor on car, was re-
ported to police headquarters. No arrests
were made after 10 o'clock. No wires were
cut. All cars are running as usual.
Commissioner Morle in the United States
court this morning dismissed the com
plant against Benjamin Norton OF the
Atlantic Avenue Railroad Company who
was charged with violating the federal
law in allowing signs marked United
States Mail" to be placed on the cars OF
his company that do not at all times carry
the mail. No testimony was produced to
show that Mr. Norton had wilfully vio-
lated the United States laws in any,
way, and in view of this he could do moth
ing else but discharge him from custody
Forty-five non-union men called this
morning on Mayor Schieren and asked to
be sent home. They came from Chicago,
Pittsburg and other places to get work on
the street roads. The railroad companies.
having all the men they needed, could
not give them work. They are having a
hard time they said, and have to sleep
in empty cars and other places They said
they asked to be sent home because they
did not want to become a burden on the
county. The mayor told them he could do
nothing for them.
The mass meeting in the interest of the
fromer employees of the trolley roads,
which had been arranged to take place
at the Athaneaum, was not held this
evening owing to the presence of the po-
lice.
At o'clock tonight Police Inspector
McKellar had policemen stationed in the
hall, on the stairs, and al the entrance.
About fifty persons had taken seats in the
hall, when H. B. Martin of the executive
committee of the knights of Labor
stepped upon the platform, and said that
he had been authorized to announce that
the meeting was postponed till such time
as it could be held without uniformed
police blocking the entrance and inter-
fering with peaceful assemblage of cit
izens. The people then all retired. The
strikers held an Indignation meeting
at the labor lyceum and denounced the
action of the city authorities in dispers-
ing the mass meeting In front of the city
hall yesterday, and interfering with the
Athanaeum meeting tonight.