Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-01-25
GAYNOR'S OPINION.
g. Knockout Blow for All Rail.
way Corporations.
MUST KEEP GOING CONTINUOUSLY,

And with the Full Equipment to Perform
Their Service Satisfactorily. Strike or No
strike-Must Pay ANY Wages Necessary
and Not Cease Running for Even One
Hour Owing to Labor Observation-Disclosures
lyn Strike Incidents and Items.
the supreme court, has rendered sensa-
tional decision regarding the Brooklyn
trolley car strike, which places the situa-
ton in an entirely new light and will
rank with the most important utterances
OF the year ON the labor problem. Jo-
seph Leader, n Brooklyn citizen, applied
for a mandamus compelling the Brooklyn
Heights railroad to operate sufficient cars
to accommodate the public. In granting
the petition Judge Gaynor went into the
strike question and dealt corporations the
severest blow they have YET suffered. He
places them practically at the mercy of
strikers He declared that whatever the
cause Of the stoppa:e of traffic they are
liable to L forfeiture of charter rights un-
less they maintain an adequate service.
Their first duty was to the public and the
desires of the stockholders were of only
secondary importance.
Text Of Gaynor's Decision.
Here is what he said: 'It 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 business for private gain, which may
suspend business temporarily or perna-
nently at pleasure. On the contrary, it
has n dual relation; n public relation to
the people OF the state and n private one
to its stockhqAlcrs. 1t must not be for
gotten here, Though it may seem to be
wholly forgotten elsewhere, that in its
chief aspect it is n public corporation, hav-
ing duties to perform to the public which
transcend any obligation which in its pri-
vatc aspect it owes to its stockholders.
Duty of the street Car People
The duty of the company now before
the court is to carry passengers through
certain streets of Brooklyn, and to fur
nish, man and run cars enough to fully
accommodate the public. 1t may not
lawfully cease to perform that duty even
one hour. The directors OF Il private busi-
ness company may, actuated by private
greed or motives Of private gain, stop
business and refuse to employ labor at all,
unless labor come down To their condi
tions, however distressing, for such are
the existing legal, industrial and social
conditions. But the directors of "a rail-
road corporation may not do the like;
they are accountable To the public first,
and to the stockholders second. They
have duties to the public to perform, and
they must perform them.
Must Agree to Anything demanded.
trat l.xhA II, prf.
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 con-
ditionS in respect of hours or otherwise
which they impose rcpcl labor they must
adept more lcnicnt or just conditions.
They may not stop their cars for one hour,
much less one week, or one year, thereby
t. beat or cucroc the price or conditions Of
labor down to the price conditions they
offer. Ii being admitted that the
company is not fully operating its lines Of
road, feel it my duty to allow the writ
prayed for. either in its pcrcmptory cr
alternate form, unless Il sufficient answer
has been made in law.
Company Declared Fully Protected.
Il do not think the present answer Of
the company is sufficient To prevent u writ
frcIn being issued. The claim OF violence
=
made out. Instances of violence, gener-
ally by other than the former employees of
the company, is shown, but it is also
shown that not only the police force of the
city but over ZOO soldiers are preserving
order. and cannot believe that this COM
pany is not protected in its rights nor do
thinfSd4y question OF fact is fairly raised
un that head. Besides, the persistence of
the company in failing To run its cars, cx-
ccrt rs it may gradually get employees to
accept its terms, being in itself unlawful,
~ have shown, must necessarily by its
bud example tend to public disquict if not
to some disorder"
STRIKE Is Nearing Its End.
Judging by surface indications ;hc
strike If electric street railways il near its
end The peace Of the city is not fully
restored and il. will not bc 80 long rs the
late employees Of the traction companies
have hopes of forcing themselves hack
into the positions they held twelve days
asn. TO these men there was raw Of
light in the decision by Justice Gaynor.
Its effect will depend ON whether the writ
l. made alternative Of mandatory. If
mandatory the company will appeal.
HOW TO CHANGE THEIR FORCES.