The New York herald., 1866-03-07
THE RAILROAD FARE QUESTION.


Cents Fare Per Mile Apply 20 City Rail-
roads s'-The Right 10 Impose the Two
and One-half Per Cent Tax on Passen-
gers Denied-Important Decisions by
the General Term OF the Court OF Conn
mon Pleas, &c.
We noticed briefly yesterday the decisions OF the Gene
raj Term o the Court OF Common Pleas on the important
question Of he right Of city railroad companies to charge
the internal revenue OF and one half per cent on
passengers riding in their cars. As tho decisions on
the subject are Of some Importance we give
them In ful to-day. One OF them, 1t will
be seen, dsposes OF the doubt TO the applicability Of
tho act OF 1857 to city railroad companies by which the
rate Of fare Is restricted three cents for every distance
under mie The three judges concur in the view that
the act did not contemplate such corporations as are
formed merely under municipal ordinances and whose
vehicles obliged TO take and let of passengers
any point along their routes The decision relating
this class Of cases is follows
THE THREE CENT FARE.
DAILY p. is A. Hoyf u.s. Sirth Avenue Rdilroad Co -
In the year 1850 general act passed allow ng tho
formation OF companies for the purpose OF constructing
maintaining and operating railroads for public In the
conveyance Of persons and property uaws OF 1880,
defendants by the corporation Of the city OF New York
70 construct railroad from Chambers street TO
within tbe city limits, upon the condition, among
others. that they should have cars with all the
modern improvements for the convenience and comfort
OF passengers, that they should cars every day
both ways IA often AZ public convenience may
require the rate OF for any distance should not
exceed five cents, and that motive power except
horses should be used below Forty second street, aud
In the same year. after this permission given tho
defendant was organ zed aud incorporated under the
General Railroad act before referred TO- BY the 2Sth
section Of this act e. 81 Il is provided that every
corporation organized under Il shall have power 10
regulate the time and manner In which passengers and
property shall be transported and the corporation TO
be paid therefor; but that such compensation for any
passenger and his Ordinary baggage shall not exceed
three cents per mile. BY act passed In 1851 II
provided that any railroad company may take for any
fractional distance less than mile tho legal rate OF fare
for one mile and which act also declared that any rail
road company which shall ask and receive any greater
rate OF fare than that allowed by law, shall forfeit y
dollars to bo recovered together with the
ceived by the party paying the same QAws Of 1857,
vol. l. page 432)
The painG was carried as a passenger upon the dc.
fcndants road from Fifteenth 10 Twentythird street.
distance less than mile, for which the Defendants
agent asked and was paid by the plaintiff six cents, and
upon the ground that this IL three cents than In
allowed by the statute referred TO- the plaintiff brought
this action 10 recover the and the penalty OF $50
The statute IN my opinion not intended 10 apply
10 city railroads. which drawn by horses, but 10
those railroads propelled by steam which transport pas
sengers and their baggage from one nxed point to
between; which have an appointed time for tho de.
parure Of train and fixed stations depots at which
stops but at no other place, for the reception or or
the putting of OF passengers and their baggage. Rail
roads which have under this act the power regulate
the time when and the manner Ia which passengers or
ton 10 be paid for the carnage Of either while the
city railroad like that Of the decndants may not rcgu
late the time when they will carry passengers but must
by the conditions imposed by tho City Corporation run
dur1ng the day and night often public convenience
requires and which, 80 far from regulating the compen
saon 10 be pad for tho carriage OF persons and proper
~, do not engage to carry property at all, but carry
passengers only at Il sum fixed by tho City Corpora
ton city railroad h mere omnibus upon rails
Like an omnibus II stops everywhere along It's route
10 enable passengers 10 come In or 60 out IL is
not like the railroads 10 which tho statute
passenger and his ordinary baggage" IL has no apart
mont for the reception safe keeping and transit OF the
separate vehicles by horses and provided only with
seats for passenger In the railroads contemplated by
the statute, the distance from stopping place 10
another accurately known that II possible ad.
Just aud fix beforehand according TO the rule supplied by
the statute, the exact amount which the traveller is 10
pay but ths not practicable or possible in the case OF
city railroad like that OF the defondans 1t extends
distance Of about three miles and its must stop
70 tsko IN passenger upon any part OF The route at
which he presents himself and FOR him to leave when
be wishes II Ia not possible, therefore, to adjust tho
fare he must pay by the standard Of mc5to ad aud
FIX beforehand by established tariff the he
must from the point where the receives him
the place whcrc he gets on and the only practical
course is TO have one fixed rate Of farc which the
passenger s 10 pay whether bc the entire distance
or not, which Is uniformly and necessarily the mode
adopted In all similar conveyances 10 n these dis
tinguihing features which mako II very plain n my
mind that city railroads. like the one operated
there Ia another consideration The resolu.
Council
license or grant under which the respondents obtained
the right 20 construct and their road declares that
the rate OF passage for any distance shall not exceed hyo
cents, which mus, also he Interpreted meaning that
that may be charged for any distance, and this
would be than three a mile N The passenger
s carried lees than a mile But the Legblaturc, by
general act passed In 1894 confirmed tie grants licenses
and resolutions under which the dcendants' road
constructed which wns legislative recognition Of
i've cents for any distance. II Is caimed that tho
resolution OF the Common Council is 10 be regarded
as the dcrcndants IN this cse have oharsed s,r thew
have incurred the penalty of nfty doarr by exactng
greater rate OF fare than that allowed by law; bot
think, referog 10 the statutes OF 1867 the penalty
then provided FOR meant to apply 10 The railroads
whose compensation ~ regulated by the standard Of
miles Hunted and fixed by the preceding act Of 1850
The question whether the defendants have tho right
increase fare 10 sr cents another question: which 10
but has framed hs complaint for recovery under the
statute Upon that ground u cannot be susalned The
Justice decided correctly, and hn judgment should be
affirmed.
THE srx cExr PARE QUESTION.
The decson relative 70 the rr cent fare question 10 az
DrY, r. J-Cswos W. Bod d, ne sra hp.~~ Rad
roof cmpo~y The question whether tho defendants
been oonsdered and disposed Of IN Hoyt va tho same
defendant, decided at the prrscnt term There Ia Ia
right TO Increase their fare 10 six eents II does not
appear that the defendants derive their right to run
railroad through the city from the General Railroad
direct grant Of the Legislature to that effect
bring them within the decision of the Court of Appeals
In the People Kerr. rs How. r. 2ts They appear 10
have required by grant from The corporation of the
city u New York, aftsrwars rs,iHed by 40, OF The
Legislature laws OF 1854 3Zs and they exercise u
consequently subject 70 the conditions which the Cofpo
ration imposed one Of these conditions thas ihs
rate Of passage fo< snysdbiance the rad should
not exceed i've cents and they cannot lawfully charge
more unless authorized d. 30 by so,ne parasount AZ
th0rty This authority ia assumed ~ have been confer
red by the United States Internal Revenue act, which
tar N Ian afit half nj fia
gross receipts of all railroad companies ami declares
that they shall have The right 20 AID 10 their rates
o. fare. ravs % OF the United states iss4 2-5
But the din uy Ia the Defendants w. that The
u fare b. which they limited BY The condition
posed by the city Corporation is small that u n mol
posble " add TO- and collect with tho proporicnabis
amount 0f the tar which ie ab0ui oue-eghth of ccui
and ~ aid one cent 10 the fare o. esch passenger would