The herald., 1895-01-27
JUDGE GAYNOR'S DECISION.

the supreme court of the state of New
York made an important ruling in a
case growing out Of the Brooklyn strike.
An application was made for man
damus to compel the railroad to run its
trains. Tne defense was that the sm.
ployees of the road had struck and the
company was unable to obtain the nee
essary force to operate the road. II ap-
peared that the strike Was q result Of
differences as to wages; the com pany
having made reduction and had made
no effort to secure help by offering
wages that were acceptable. The judge
held that this WAS no defense, that the
company must run its road, whatever
wages it might have to pay. That as
the company received its rights and
franchises from the public. it was under
obligations to serve the public as first
and highest duty, and which cannot be
neglected or evsded in any way for the
purpose OF securing private gain to the
stock folders. Such ia the substance of
the decision.
This ruling is quite different from
some rulings that have been made in
cases OF differences between railway
companies and their employees. 1t is a
ruling that stands upon reason aud is
in the interest of the public. When q
corporation receives q franchise from
the law making power it assumes the
obligation to discharge the functions
for which the franchise was granted.
Its private interests cannot stand in the
way, and hence. as the judge indicates.
ifit cannot procure help at wages it
offers, it must offer enough to secure
the help. Such a corporation assumes
Al absolute obligation to the public in
consideration that certain privileges are
granted it, and it takes all the hazards
of the business. 1t cannot say, II will
pay these wages and no more, and If
cannot get men at them 1 Won't operate
the road at ALL"
This ruling not only protects the pub.
lie, but it gives laborers come chance in
resisting unreasonable demands on the
part of public corporations. The law as
all railroads. street car lines, lighting
and water companies, in cities and in
deed to all corporations receiving q
franchise to conduct business for the
public.
Labor organizations may be unreason-
able, but that has nothing to do with
the correctness or application OF the
principles declared in the Brooklyn CASE.
| Violence On the part of strikers lie ins
defensible, and their conduct is the sub.
ject OF inquiry and treatment by other
legal remedies. The question before
Judge Gaynor was as to the duty of q
public corporation towards the public.
Misconduct of the Brooklyn strikers
can have no effect in removing the rea-
son or defeating the application OF the
rule as declared. The corporation
should have found out whether it could
obtain the necessary assistance on the
terms it contemplated Offering before it
made a reduction of wages.
1t ia for the best interests OF the pub
lie that all kinds of legitimate business
shall be reasonably profitable. that cap
ital shall be fairly remunerateG and
labor amply compensated. The case
Ilas never occurred to our knowled ge
that wages were reduced by railway
companies in order to give the people
cheaper freights and fares, nor by man.
| ufscturers to give the public cheaper
goods. Reductions are made to pro-
tect or enhance the earnings OF
capital. Corporations and capitalist
| com binations have become 80 embold-
ened by the tolerance they have re.
csived that they act as if they thought
there are none who possess rights but
themselves. Public rights are disre.
garded and the laws deisd Men who
put their money mo corporations have
right to fair earning. but the public
interests must be subse.vsd and pro-
tected whatever else may happen. 1t is
almost true to say that the law in oil it's
phases and bearings has not been clearly
defined and understood as it relates to
corporate rights and obligations and th Q
rights and duties of labor and capital
toward each other. 1t is high time
that it should be, as it will be a long
step toward harmonizing conflicting
elements. and placing business on q
basis of certainty and stability.
Poor OLD Huntingdon His days are
few and full of trouble. Ths Nicaragua