Show CARS MUST RUN l SAYS THE JTJDfrE Company Not Prevented from t fQI Performing Its Functions Func-tions ITS DUTIES IN THE MATTER PUBLIC RIGHTS MUST DE ABOVE PBIVATB GAIN lu Alternative Writ Issneil Com minding tIe Company to Resume the Operation of Its Roads and the Accommodation of tIle Public as Fully and Completely ais i Was Doing Prior to the Beginning of the Trouble Brooklyn Jan 26Judge Gaynor has issued an alternate writ in the application appli-cation of Joseph Loader for writ of mandamus to compel the Brooklyn Height Railroad company to run the cars on its lines for the accommodation of the traveling public I In his decision today Justice Gaynor reasserted the principle he had enunciated enunci-ated in his earlier decision in this case He declared the companys pleas that It is by violence from violelc prevented rom performing I per-forming the functions for which i was created is not true I refuse says the justice to fine that either the judicial or the executive branch of the government has failed ire affording protection to this corporation corpora-tion This corporation the court continues con-tinues has the right to get labor as cheaply as it can but at may not without a violation of law stop the running of its cars to try to beat down the price or legal considerations of labor I was and is its duty to run its cars at the best terms it can make for the day toeing at full liberty to supercede its employes gradually from day to day or all at once i It has men enough at large or for bdtter terms Public and Private Interests Its chief duty is to run its cars and all considerations of private gain to its stockholders must yield to that There being disputes in the cases as to some of the facts the law makes It my duty to allow an alternative instead of a peremptory writ but though the command of the people be less abrupt or peremptory in that form of a writ it nevertheless is the peoples command I also prefer t Issue the alternative al-ternative writ as that is the moderate course and should prove sufficient Let therefore an alternative wit of mandamus in the name of the people of the state of New Yorkissue commanding com-manding this corporation to resume the operation of its roads and the accommodation accom-modation of the public a fully and completely in all respects as it was doing do-ing prior and up to Jan 14 1895 The news of Judge Gaynors decision was received with mixed feelings at the strikers headquarters ait Slugges hall Master Workman Connelly said to a reporter o the Associated Press regarding the decision I I might just as well have been twenty years as twenty days Still in a certain measure it is in our favor The roads must carry on their con tracts and fulfill their obligations to the public and in order to do so they must have the men and these they have not got We will carry on the strike if it takes twenty days or twenty years We will fight i out |