Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1895-01-25
MUST RUN CARS.
DUTIES OF STREET CAR LINES DEFINED BY
JUDGE GAYNOR.

ahs Writ Of NaadaRus-Ths Court Hslt That the
Claim Of Violence Made By The Company Was
Not Established ard Decided to Grant the
"rit-Ihs Lines Nus. b. Ksp, ia Operation
ana S5ch Concessions 10 Labor as Nay b
Necessary las. b, uads.
bkooKLYN, January 24.-Justice Gay
DOT Of the Supreme Court. handed
TO"h MS decision On the application Of
oOsepR Loader, for mandamus 10 com
Ps' 'as Breoklyn Heights railroad 70
operate It's cars Ia sufficient numbers to
aceom modate the travelling Duolic on
the Fulton sreet. Putnam avenue.
Greene ARd Gates aud Tompkins ave
nue. lines. he signified his Intention OF
granting mandamus. the form 10 be
ueter mlned on the argument Of CONSUL
IN court tomorrow.
Justlee Gaynor's decision is as fol-
lows IL Is my duty to declare the
law OF this case. The railroad corpora
Hon Is not Ia the position OF mere pri-
Nate individual or company carrying on
business for private gain, which may
suspend business temporarily or perma-
henty at pleasure. On the contrary, 10
mas dual relation-a public relation TO
tue people OF the State, ana private
one 70 us stockhO derS. L. must not be-
Forgotten here, though il may seem TO
% not wholly forgotten elsewhere, that
Ia us ehleI aspect lt is a public corpora
zion, having duties 70 perform 20 the
PuOlle which transcend any obligation
"hich 10 Is private aspect IL owes 20 It's
stockholders. JIG has received fran
chlses OF great value from the State,
And had conferred upon it the States
transcendent power Of eminent domain.
IN return, 10 took upon itself the per-
IormaneeS Of public duties and func-
uons, IN the performance Of which it Is
10 law and In fact not an Independent
individual or entity, but the account
able agent OF the State. Though the
PRINCIPLES are old and Inherent in the
loea OF the sovereignty OF the people, IL
would seem that ia the recent rapid
growth OF corporate power, and of the
tendency 10 use public franchises FOR
the aggrand cement OF individuals first
and Tor the service aud benefit OF the
public, second, they have come to be
somewhat overlooked, and need % be
restated.
the duty OF the company, now be-
fore the court is 20 carry passengers
through certain streets Of Brooklyn,
aud 20 furnish, man and run cars
enough 10 fully accom- modate the public.
10 may not lawfully cease 10 perform
that duty for even one hour The d.
reCters OF private business company
may, actu1tsd by private greed, or
motives of private gain, stop business
and refuse 20 employ labor at all, unless
labor come down TO their conditions,
however djStrsSSinC; for such are the
existing, legal, Industrial aud social
conditions. But the directors OF rail-
road corporation may not do the like,
they are not merely accountable 70
stockholders; they are accountable %
the public FIRST, and 10 the stockholders
second
They have duties 20 the public 10
perform, aud they must perform them.
il they cannot get labor 20 perform such
duties at what they offer 20 pay, then
they must paw more, and as much as is
necessary 90 get it. Likewise, n the
conditions 10 respect OF hours or other
wise, which they impose, repel labor,
1hey must adoot more lenient or just
conditions. They must not stop their
cars for one hour, much less one week,
or one year, thereby 10 beat or
cOerce the price or conditions
of labor down 20 the price or conditions
they offer. For them % do so would be
a defiance of law and Of government,
which, becoming general, would newt
D. Hrr q N..n - -1r.fa lao. 20
general disquiet, 20 the disintegration
of the social orGer, and even the down
fall of government itself Experience
shows the wisdom OF fathers u retain
ing 40 least some control Of corpora
tions to whom are given public fran
chises for the performance OF public
duties
at being admitted that the company
is not fully operating IS lines Of road,
] feel it my duty 20 allow the writ
prayed for, either In It's peremptory or
alternative form, unless q sufficient an
swer has been made in law. As / have
said, the learned judge VINO heard the
previous application decided that the
answer then made was even insufficient
10 raise a question Of fact, and only
refused the writ In order 10 give
company more time with an ad-
monitor 10 il that it should
not longer delay. / do not think
the present answer OF the company is
sufficient to prevent a writ from being
issued. TIE claim Of violence amount
ing TO a prevention is not legally made
our. Instances OF violence generally
by other than the former employees OF
the company IS shown, but 10 is also
shown that not only the police force OF
the city, but also over 1000 soldiers are
preserving order, and l cannot believe
that this company is not protected In
its rights, nor Go | think any question
Of fact Is fairly raised on that bead.
beside, the persistence Of the COM
pany in failing 10 run its cars except as
ia may gradually get employees TO accept
Us terms. being In itself unlawful, mutt
necessarily By its bad example tend 20
Dublic dis0Uiet. n not 20 some disorder.
In respect of the question Of hours aud
~ wages between the company and It's
amrloves. its duty was 60 have gone on,
and now is TO 20 on, with It's full COM
nlement OF employees, having the right
gradually and from day 20 day 90 super
Ssde its employees II 10 eau by new em-
,,loves who will work on It's terms, or
n supersede them sll 81 once when 10
has obtained a sufficient number OF new