Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1895-01-31
and returned to the stables without in

and returned to the stables without in
jury.
Coroner Kane took Carney's deposit
ton. He said he had been working on
the roof of No. 444 Hicks street all day.
Another nan was repairing the middle
of the roof while he was at work at
the front. He said that he did not
throw anything off the roof; that he
heard the order: 'Stand back there!
and started to run back, when he was
shot.
The man Thomas Carney, who was
shot in the battle of Hicks street
Wednesday afternoon, died at 2:45
a. m. Thursday. His was the second
death from the bullets of the soldiers
charge.
Judge Gaynor's Opinion.
BROOKLYN, Jan. 26.-The following is
a synopsis of Judge Gaynor's opinion
handed down Thursday morning in the
matter of the application of Joseph
Loader for a mandamus to compel the
Brooklyn Heights Railroad company
to operate their lines. He decides that
writ shall issue and has set 10 o'clock
to-day as the time to hear counsel of
both sides as to whether the writ shall
be a peremptory or an alternative one
Judge Gaynor says:
The railroad company is not In the POSI-
ton of o mere private individual or company,
carrying on business for private gain, which
may suspend business temporarily or per-
manently ut pleasure. On the contrary.
II has 6Ma1 relation. n nnhl1N relation
to the people OF the state and o
private one to It's stockholders, It must
not be forgotten here, though 1t may seem to be
growing dim If not wholly forgotten elsewhere,
that IN Its chief aspect it Is 3 public corpora.
ton. having duties to perform to the public
which transcend any obligation which in its
private aspect 1t owes to its stockholders. It
has received franchises Of great value from the
state, and has conferred upon 1t the states
transcendaGt power of eminent domain. In
return it took upon itself the performance Of
public duties and functions, In the perform
ance of which it is, in law and in fact. not an
independent individual OF entity, but
Though these principles are very old
and inherent in the idea of the
sovereignty Of the people, 1t would seem that
In the recent rapid growth Of corporate power
and of the tendency to use public franchises
for the aggrandisement of individuals first,
and for the benefit OF the public second, they
have come to be somewhat overlooked and
eed to be restated''
Judge Gaynor goes on to define the
rights of the company to employ labor,
but says if they cannot obtain men at
wages which they set it is their duty
70 employ them at any price in order
to operate their roads and discharge
their duty to the public. The decision
says:
In respect to the question OF hours and Of
wages between the employees, its duty was
to have gone on, and now is, to go on with It's
full complement of employees having the right
gradually and from day to day to supersede It's
employees II 1t can, by new employees
who will work on its terms or to supersede
them all at once when 1t has obtained sum
cient number Of new employees for that pur-
pose; but in such controversy It has
not the right to stop its cars while
it is thus gradually getting other
men, II the people Of the state
were running these roads they would not thus
tncommode and damage themselves and it
must not be forgotten that this corporation Is
entrusted with the running Of these roads as
the servant Of the people Of the state. .
Loader, upon whose application the
mandamus is granted, is q merchant,
who alleges that his business suffers
by the failure Of the company to oper-
ate the lines.