The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1895-02-04
DUTIES TO THE PUBLIC.
Judge GaynOr's Writ Against q
Street Railway,
MOBs HAVE NOT RULED BROOKLYN,

Aud Railroad Companies Are Guilty of Law
lessness When They Stop Running Cars
in Order to Beat Down Prices Aldermen
Rescind Street Railroad Franchises.
BROOKLYN, Feb 5-Judge Gaynor, in
supreme court chambers handed down u
decision on the application for writ of
mandamus against the Atlantic Avehu
company. The application was made b.
James O'Connell, "a mineral water bother,
who claims to have suffered great financial
loss because the company has not operated
its cars as fully as they were operated prior
to Jan. Ia, Judge Gaynor allows the com
pany twenty days in which to make an
swer before a judge and jury.
The decision is as follows:
''Ho deny this application l would have
to decide that this company is prevented
by violence from operating it's road but
that l cannot find upon the papers before
me. l do not find that the city and the
state have failed to fully protect its power
house, its stations, it's roads and its cars it
has offered to run. 1 do not find that the
government has failed in it's obligation of
protection. The answer to the statement
that there have been instances of violence
is that they were quickly suppressed. l
cannot acquiesce, or oven seem to ac-
quiesce, in statements which have made
it appear that mob violence has ruled
in Brooklyn, and which have not only
given a law abiding community bad
name, but, by exciting fear in many, must
have done incalculable damage to business
interests
"To try to forcibly prevent the company
from doing its public duties would be law
lessness. while on the other hand for the
company TO stop running cars in order to
beat down the price or lawful conditions
of labor would be iawlessness of much
more dangerous and far reaching charac
ter. The company's public duty is to run
its cars, and it may not lawfully cease TO
do so on the ground that it cannot get
men to work at the price or conditions it
offers.
"The law requires it to continue to run
| its cars to the full accommodation of the
public, leaving it free TO supercede its men
| from day to day by men who are Wi ling
to work on its terms, or to supercede them
all at once when it has obtained men
enough to enable it to do so.
But the company, by its answer, hay
| ing raised issues OF fact the law requires
| that an alternative instead of ii peremp-
| tory writ be issued so that there may be a
| jury trial.
"This court cannot change the law, but
must obey it, whether it is obeyed else
where or not If it be a defect in the law
that the time for the trial of such issues
m0y not be shortened by the court the
suggestion is one to be made to the legis
lature, not to the court"
The board of aldermen, at its yesterda!
afternoon meeting adopted the resolution
Representative Of the striking motormel
and conductors resembling the franchise
and privileges granted to the Brooklyn
trolley lines which are connected with tn
present strike The vote stood 10 for;
against. The chairman voted in the mega
tive To a committee of strikers wh'
called upon him after the meeting Mayo
Schieren refused to say whether he woulC
approve the motion or not
This morning l5O of the imported motor
men who have taken the places of th'
strikers assembled in Mayor Schieren'
office to ask Brooklyn's chief executive
whether they cannot recover damages from
the railroad for being brought to Brook
lyn on false pretenses. Mayor Schierel
listened to their stories and promised t.
give them an answer later