The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-01-25
DECISION ~ JUDGE eAynoR.
First Duty Is to the People. the Sec
ond to the stockholders.
The DiRsrenes 8stwssn . Rrsvats Corr
porasion ana Ons Helafng . Fran
The PabsSc Must Not ss9sr Bseanss
Of Fight Over Wages.

70
decision today on the application OF
Joseph Loade for a Tnandamus to COM
pei the Brooklyn Heights raiiruad 10
10 accommodate the public in the Full
ton street district. on the Putnam av-
enue. Green and Gates and Tompkins
avenue lines He signified his inten-
ton OF granting the mandamus. the
form TO be determined ON argument OF
counsel sn court tomorrow. 1oade. upon
whose application the writ OF man.
damus was issued, is a merchant who
alleges that his business suffers by
reason of the failure of the company to
operate 1t lines. Judge Gaynor win
hear counsel tomorrow on the question
Of whether the writ shall be peremp-
tory or alternate. Judge Gaynor's de-
cision is as follows:
1T Is my duty to declare the law OF
this case. This railroad corporation
Is not N the position of a mere pri-
vate individual or company carrying
on business for private gain, which
may suspend business temporarily or
permanently at pleasure. On the con-
trary, II has dual relation; a public
relation to the people of the state. and
a private one TO ITS stockholders. IL
must not be forgotten here. though 1t
may seem TO be growing wholly for
gotten elsewhere. that its chief aspect
is that 1t Is a public corporation hay-
ing duties to perform which transcend
any obligation which. In It's private as
pect, 1t owes TO Its stockholders. 1t
has received franchises OF great value
. be. 81, 49,
II the states transcendant power OF
eaninent domain. In turn. 1t took upon
itself the performance of public duties
and functions. In the performance of
which il is. in law and in fact. not an
independent individual or entity. but
the accountable agent of the state.
Though the principles are old and in
herent In the idea of the sovereignty
OF the people, ii would seem that the
recent rapid growth of corporate
power. and of the tendency to use pub
lie franchises for the ggrandizement
OF individuals first, and for the ser
vice and benefit of The puAiic second,
they have come TO be somewhat over
looked and need 10 be restated They
have often been declared by highest
courts OF the state and the supreme
court of the United States"
The duty of the company now before
the court Is to carry passengers through
certain streets OF Brooklyn. and TO fur
nish. man and operate cars enough TO
fully accommodate the public. 1t may
moi lawfully cease to perform 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 unless labor come down 20 their
conditions, however distressing. for such
are the existing legal. Industrial ana So
ciai conditions. Ba the directors of a
railroad corporation may nor do the Ike.
They are not merely accountable 10 their
stockholders They are accountable TO
the public first. and TO the stockholders
second. They have duties to the public
10 perform. and they must perform them.
IL they cassnot get labor to perform such
duties az what pay they offer. then they
must pay more. and as much as Is neces-
safy to get II, likewise IL the conditions
In respect OF hours or otherwise which
they impose. repel labor. they must edopt
more lenient conditions, as they may not
stop their cars for one hour, much less
one week or one year. thereby 10 beat or
cocrce the price or conditions OF labor
down to the price or conditions they offer.
For them to do SO would be a defiance OF
law anil Of government, which. becoming
general, wouEi Inevitably by the force of
example. lead 10 disqgiet. 10 the distnte-
grafton OF the social order, and even the
downfall of tha government itself. Ex-
peE,ieIice shows the wisdom OF our fathers
in retaining at Least some control OF cor
pura tions 10 whom are given public fran
ehises for the performance OF public iu-
ties
.'-The law OF this case was too clearly
stated By Justice Cullen to be nisunSier-
stood. on an application similar TO this
n few days ago. That learned Judge held
that the company had made no adequate
answer TO the case presented against il,
and only withheld tho granting az the
writ 10 give the company more time TO
conform 30 the law which he so clearly
engncsatei. probably In tue reasonable
hope that that would suffice, without a
resort 90 the cosrrive power OF the r.o-
pie OF the state lodged in the court In
addition, however. l shall quote from a
case decided uran appeal by ths supreme
court in this state. sn 1880, after a mature
deiiheratssn. ana which Is an authority
which | am beuni 80 follow, even though
were not Of the same visw, and which
reed scarcely say the corporation now
before this csourt 81 bound 10 acaussssse
in. and shlch doubt not It will irnueas-
ateFy acquies1e tn. for exauroIe's sake
~ for no other reason. The caSe arose
cut OF the failure of the New York Ce.s-
srai e. Hudson River Railroad t,o,nxSarsy
10 receive and forward freight as a cSn.-
rsloa carrier. The circumstances oF that
strike We're reviewed axssi THE couys II,
that case allowed a writ OF rnan9amus
10 compel the corporation 20 so its cor
po.ste dasy.
That q rrsvasS estszsn has Sufficient
ssansEng 10 make this application. which
could uaqueSs innabty hs made by tha AZ
scx-aey- general Of the state slas herssa-
fore hesr decided BY this cosrs. and ae-
esye IL as law Ani. Il beEug admitted
sha. yAe company - not fully operating
sss asnc oE road. fsel II my sisEsy 10 alsssa,
she writ prayed for. sissser In fss perernp-
so<y OK aiserrzzse form. uake~S Sufficient
sszsweS has bern nEaae IN Law. As have
saisa. the learned ssidss sso hes-Tsf tsse mr.
vsssssS aapsfs@Sann esecaaea snas shs. answer
sAaa FssasSe was even insaasrsens 70 raise
a u-esstna es fact. aass cgiy resszxess tha
asrft Il crser to give teqs rez1nxay fssxs~zs
1sgse. Nth an astzrsogs7stssa that Il shss,ssss
-e.s k.A3xa~-x