Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1895-01-31

stored and it will not be so as long as
the late employees of the traction COM
panies have any hope of forcing them
selves back into the positions that
they held twelve days ago. To these
men there was ray of light in the
decision handed down by Justice Gay
nor for a writ of mandamuS to COM
pei the Brooklyn Heights company to
operate its lines i'll 4 manner to meet
the requirements of the public.
At 10 o'clock today the court will
hear the counsel on the question
whether the writ shall be peremptory
or alternative, or in other words
whether the company shall be required
to engage a full complement OF oper-
atives forthwith, regardless of Ques-
tons of wages and hours of labor, OF
whether it shall be directed to do the
best il can under the circumstances
To make the writ alternative will be
to leave the affairs practically as they
are. Should it be made mandatory
an appeal will be taken by the de
PENDANT company.
Instances of violence toward new
men and the militia are frequent AMI
quite a number of arrests were made
during the day of men guilty of as
saults. Several wire cutters also fell
a notable fact that they We're strik
ers. Long stretches of wire have been
carried away in some localities and
the general disposition shown is to in
jure the property of tie street rail
road company as much as possible.
Traffic has not yet continued
throughout the night, as it was be-
fore the strike. The report is cur
rent that the First brigade, composed
of New York city regiments, is to be
relieved from duty either today or to-
morrow.
Brooklyn, n. Y, Jan. 25.-Justice
Gaynor Of the supreme court has
handed down his decision on the ap
plication of Joseph Loader for a MAN
damus to compel the Brooklyn Heights
railroad to operate its cars in suti,
Gent numbers to accommodate the
public in the Fulton street Putnam
avenue, Greene and Gates, and the
TompkIns avenue lines. He signifies
| his intention of granting a mandamus
the form to be determined On the ar
gumeut of consul in court yesterday
The court says:
at is my duty to declare the law OF
| this case This railroad corporation is
not in the position Of a mere private
individual or company carrying on bus
mess for private gain, which may sus-
pend business temporarily or perma
nently at pleasure. On the contrary
| it has a dual relation: public rela
ton to the people of the state and a
private one &c its stockholders. II
must not be forgotten here, that in its
chief aspect 1t is a public corporation
having duties to perform to the public
which transcend any obligation which
it owes to it's stockholders. 1t has re-
ceived franchises Of great value from
the state and had conferred upon it
the states tranScendent power of en-
inent domain. In return it took upon
itself the performances of public du-
ties and functions, in the performance
of which it is in law and in fact, not
an independent Individual, but the &C
eountable agent of tine state.
Though the principles are old and
inherent in the idea of the sovereign
ty of the people, it would seam that
in the recent rapid growth of corpora
ate power, and Of the tendency to use
public franchises for the aggrandize-
ment of individuals first and for the
service and benefit of the public Sec
ond, they have become SOmewhat over
looked and need to be reinstated.
They have often be IN declared by the
highest courts of this state and the
supreme court of the United States.
1.-THE duty Of the company now be-
for the court is to carry passengers
through certain streets Of Brooklyn
and to furnish, man and run cars
enough to fully accommodate the pub
lie. 1t may not lawfully cease to per-
form that duty for even one hour.
The directors of a private business
company may, actuated by private
greed or motives Of private gain, stop
business and refuse to employ labor
at all unless men come to their con-
ditiOns, however distressing; for such
are the existing legal, industrial and
social conditions. But the directors of
a railroad corporation may not do the
like; they are accountable to the pub
lie first and to the stockholders sec
ond. They have duties to the public
to perform, and they must perform
them. If they cannot get labor to per-
form such duties, at what they offer
to pay, then they must pay more, and
as much as is necessary to get it.
Likewise, if the conditions in respect
to hours or otherwise which they i'm
pose repel labor, they must adopt more
lenient or just conditions. They may
not stop their cars for one hour, much
less one week, or one year, thereby to
or labor down to the price or conii-
tons they offer For them to do so
would be a defiance Of law and GOV
eminent, which. becoming general,
would inevitably. by the force of ex-
ample, lead to general disquiet, to the
disinteg1 alton of the social order and
even the downfall of government it
self. Experience shows the wisdom
Of our fathers in retaining at least
some control of corporations to whom
are given public franchises for the
performance of public duties. The
persistence of the COMPANY in failing