The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-02-05
DUTIES TO THE PUBLIC.
Judge Gaynor's Writ Against a
Street Railway.
MODS HAVE MOT RULED BRooKLY YIN,
And Railroad Companies Are Guilty of Law,
lcssness when They Stop Running Cars
in Order to Beat Down Prices-Aidernlen
Resnind street Railroad Franchises.

lessness When They Stop Running Cars
in Order to Beat Down Prices-Aidernien
Resnlnd street Railroad Franchises.
BRooKLYN Fob. 5-Judge Gaynor, in
supreme court chambers, handed down q
decision on the application for writ OF
lnanaanus against the Atlantic Avenue
company. The application was made by
james 0'Connell II mineral water bother,
who claims to have suffered great financial
loss Because the company has not operated
its cars rs fully as they were operated prior
to Jan. A. Judge Gaynor allows the com
pany twenty days in which to make an.
swer before judge and jury.
The decision is as follows:
10 deny this application | would have
To decide that this company Is prevented
by violence from operating its road, but
that cannot find upon the papers before
me / do not find that the city and the
state have failed to fully protect its power
house, its stations, its roads and its cars 1t
has offered to run. | do not find that the
government has failed in its obligation Of
protection. The answer to the statement
that there have been instances OF violence
is that they were quickly suppressed. /
cannot acquicscr, or oven seem to nc.
qucsce, in statements which have made
it appear that mob violence has ruled
in Brooklyn, and which hnve not only
given q law abiding community a bad
nainc, but, by exciting fear in many, must
have dono ineaculuhle damage to business
interests
To try to forcilly prevent the company
from doing its public duties would be law.
lessncss, while on the other hand for the
company to stop running ears in order to
beat down the price or lawful conditions
OF labor would be laEiessncss Of much
more dangerous and far reaching charac
ter. The colnpanys public duty is to run
It's cars, and it may not lawfully cease to
do 50 on tho ground that ii cannot get
men To work at the price or conditions 1t
offers.
The law requires it to continue to run
its cars to the full accommodation Of the
public, leaving it free to supcrccde its men
from day to day b. Hcn who are willing
So work on its terms, or to supcrcede them
all at once when it has obtained men
enough % enable ii to do So
But tho company, by its answer hay
ing raised issues o. fact the law requires
thut an alternative instead OF i pcremp-
tory writ be issued 50 that there may be
jury trial
This court cannot change the law, but
where or not II it be 4 defect in the law
that the titur fDr the trial of such issues
may not be shortened by the court the
suggestion is onH to b. made to the legts.
lature, not tn the court
The board Of aldermen, at its yesterday
afternoon meeting adopted the resolution
representatives Of the striking motormcn
and conductors resembling the franchises
and privileges granted TO the Brooklyn
trolley lines which are connected with the
present strike, The vote stood 10 for; 8
against. The chairman voted In the mega
tive. To a committee OF strikers WHO
called upon him after the meeting Mayor
Schieren refused to say whether he would
approve the motion or not.
This morning 100 of the imported motor
mon who have taken the places of the
strikers assembled in Mayor Schieren's
Office to ask Bruolilyn's chief executive
whether they cannot recover damages from
the railroad for being brought to Brook
lyn on false pretenses. Mayor Schiercn
listened to their stories and promised to
give them an answer later.