The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-01-25
MlNOAMUS CERTAIN
Gaynor Listens to Argument
in the Trolley Strike
Guerrilla Suit.
FAKE HABEAS CORPUS
Gangs of Wire Cutters Still
Render 1t Difficult to Keep
Cars Running.
SITUATION MUCH IMPROVED
Only a Few Acts Of Violence Re-
ported All the Companies in
Better Shape.
SITUATION MUCH IMPROVED

montS upon Judge 1dy lioi NeSA
Arguments upon Judge Gaynor's decl-
sion handed down yesterday upon the
aunlication made by a Fulton street
r,erchart to compel the Brooklyn Heights
Railroad Company to resume the opera
ton of it's cars to the full number re-
ouired by law. began before Judge Gay
nor of the Supreme Court of Kings coun-
ty at ten O'Clock this morning. The
morning was consumed in hearing argu-
ments on the application.
The Importance of the matter filled the
Court Room with lawyers, railway OIL
cials. and others interested in hearing the
outcome of the application to compel by
process of court what had not been very
fully accomplished with bayonets.
FAKE HABEAS CORPUS
Before it was reached the. writ Of ha-
beas corpus, requiring the proauction IN
court by Daniel T. Lewis, president OF
the Brooklyn Heights Railroad Company,
of three men, named Mcdonald, Dufy
and Norman, and q others who were
alleged to be restrained of their liberty
and held prisoners in the Halsey street
stables came up. B. F. Strauss appeared
for the men. and Thomas s. Moore for
the company. Mr.. Moore's reply was
sthat the men named and others referred
to were not at the time the writ was is
sued, nor at any time, deprived OF their
liberty by the company, or restrained In
any way.
Judge Gaynor seemed disposed to dis
miss the writ at once. He stated that he
wished counsel to remember that JUS
tees are compelled, under severe PEN
atty, to grant writs of habeas corpus, and
he hoped they would not apply for them
rnerQ1y TO cOmDlicate matters.
Mr.. Strauss asked for an opportunity
to traverse the return and reply to it
later, and alleged that men are still re-
strained by the company. Judge Gaynor
gave him an hour to traverse the return,
and said he would hear argument in an
THE MANDAAfUS
~ " hEI7 the mandamus proceedings came
up Mirabean l. Towns and Delos Nc
Curdy appeared for the petitioner. JOS
eph Loader. who is a Fulton street mer-
chant. The company was represented by
Thomas s. Moore. counsel of the com
pany, and Julian 7. Davies, counsel of
the New York elevated roads.
Mr.. Towns opened by reading from the
answer filed BY the company. and en-
deavored to show that no issue of facts
can be raised, and therefore peremptory
writ of mandamus. and not an alterna-
tive writ should issue. Justice Gaynor in
terrupted Mr.. Towns. who was contend
ing that the roads are not being operated,
to say:
Mr.. Towns argued that running one car
over one branch of a system was not
operating the system He held that to
insa reasonable liable and a. satisfactory @ oI way for
the convenience of the public.
Delos McCurdy followed. He confined
his argument to the fact that the COM
pany does not operate, and the reasons
why they do not run their cars and the
dispute between the company and its
former employees has nothing to do with
q inf or fCcr1 AG 1rrarr 6na
pany admits that it does not operate,
and in it's return furnishes no reasons
why the roads are not operated, the
mandamus to compel them to run should
issue.
He continued Upon the conceded
facts this company is not operating its
of men or whether, it is fear of violence,
is immaterial. We do not ask the Court
TO rule that the company be compelled
here on behalf of these strikers. We
are here simply in behalf of citizen,
and we ask that the company be COM
PEELED to obey the law"
Julian l.. Davis opened for the COM
pany He said that he did not allege as
an excuse for not operating the roads
mere fact that the men. by going out in
a body, exercised Illegal dictation to the
road, is reason why the roads were not
operated. He said:-tsWe have not in our
answer alleged that we have now in our
employ the 1900 or 1,700 men necessary
to operate all our cars"
Judge Gaynor interrupted to say:-"If
you had that in the papers 1 would not
hesitate moment"
This remark Disconnected Mr. Davis
for moment. He went on to say that
the company has a number of men suf-
fcient to run some cars on every one of
It's lines. He stated that the papers de-
MED the reasons alleged by the petition
er as to why the men went out and gave
another reason He declared that the
company is now operating It's lines with
the greatest diligence, and has since the
18th inst, put in operation new lines as
fast as the authorities of the city could
afford protection for conductors motor
men and passengers and secure their
roads were not operated was given as
the cutting of wires. Mr.. Davis held
PEELED to operate when its wires were
cut, or, as he s. id, has been the case,
when it was overbcrn by a superior
force. Large numbers Of riotous and
evfl-diSDosed pers as, he said, had pre-
vented the opera ton of the roads, and
these allegations, he held, presented an
issue of fact which should require trial.
He therefore argued that 2 peremptory
writ should not be issued by the Court.
The argument was finished at :45
A. ai. Judge Gaynor reserved his de-
cision. A writ will issue this afternoon,
probably peremptory one.
WIRE CUTTING GANGS.
The police Were kept, busy chasing
early morning. hours in different t. parts TT.
of the city and suburbs. In one instance
the. police fired on a crowd of SIX men
and succeeded IN arresting two of them,
and in possibly wounding one of the
four others, who escaped in a wagon.
The men were caught IN, the act of cut
ting wires at two O'clock this morning
on Bedford avenue, near North Four
teenth street. 1t was learned that the
men had been driving around the city
cutting wires, at different points.
The arrests es Mere nsas syys " R9gndsman
onsrs are Blsaell !, J; 1i-,s sss,a motorman,
Island City and A. E. Lewis, thirty
four years old, Of the same place: The
the trolley wire was at Bedford avenue
near North Fourteenth street.
the main obstacle to the operation Of
many Of the lines. No disturbances are
houses Or stables of any of the y e93;mPanss,s a3;n
fercations between the police end strik-
ers have been reported. but no nothing am Of, Of 2
Most of the roads report that wires