The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-17
pAssENeER RA1LwAY FARES.
From The Piasourg Commercial, 18Th. ..5


II will be remembered that few weeks ago, q
suit was instituted before Alderman Donaldson
by the managers of the PittsbUrg, Allegheny,
and Manchester Passenger Railway Company
against Henry G. Mackrell, Esq, q mem0er OF
the bar. 10 recover SIX cents, the amount of fare
charged by said company, the defendant having
refused TO pay the additional cent, on the ground
that the company had no legal right to collect
the same, their charter having limited the fare
to five cents. The Alderman, after patiently
hearing and investigating the case, gave the
following oplniJu on Saturday, which VIII be
read with Interest,"
OPINION OF ALDERMAN DONALDSON.
have gwen to this case the fullest deliberation
and most thorough examination of all the authOri-
ties submitted 20 me by the learned counsel OF PLAIN
this and defendant The amount invOved Is mere
tlie-one cent; but the night to demand and enforce
the payment, from every passenger riding upon he
plalntds' cars is q matter of Importance. The right
TO demand payment OF five cents from each pas.
senger is conceded this is settled by the organic
law OF the company. The right TO exact the extra
by the palnufis that thev have such a right by
vrCre of any authority from the state of Penn
effect by virtue of an act of Congress such case
made and provided. The United States Revenue
Law of 1864, section 103, enacts, "rhat any
person firm, company or corporation, owning or
POSSESSING, or having the care management of
any railroad, cana, st amboat, ship, barge, canal
boar or olher vessel, or any stage coach or other
vehicle, employed IN the transportation Of passen
gers or properly ior hire, or in transporting the
mai OF the United States, or any canal, The water
OF which used for mining purposes, shall be sub
ject 10 and paw duty of two and one-half per
centum upon the gross receipts of such fallroad,
canal steamboat, ship, barge, canal boat, or other
Yesse or sage-cOach, or otner vehicle: Provided,
That ali such persons, companies ana corporations
shall have the night 70 add the duty tax impo ed
hereby to their rates of fare whenever their liability
thereto may commence, any limitations that may
exist by law, or by agreement with any person or
company which may have paid, or been liable to pay
such Iare, to the contrary Notwithstanding"
THIS section of the act OF Congress has received
judicial adjudication bV the Court OF Common Pleas
OF the city and county OF New York, by DOta OF
which 1t was he'd mat IN case such duty involved
the fraction OF a cent. the company could not COL
ect more than the exact traction; there being no
such fractional denomination OF currency, the
tlcal result was that the street railroad companies
and not the street passengers, paid the duty,
clearly contemplated and intended by the law. To
meet tins Difficulty. certain street railroad author.
ties OF the CITY of New York made Application to
Congress for relief, and upon the Both of March,
1866, Congress enacted supplement amendatory of
the revenue act above referred to- which supplement
is in words as tOllows:-
az hat whenever, der the proviso to section 1903,
the addition to any fares shall amount to sum
volvlng the fraction cent any person or CON.
pany liable to the duty OF two and one halt per cent
as in said section provided SHAH be authorized to add
to such fare one cent IN lieu of such hdct0R Under
the supplemental section, In my opinion. the PLAN
tif's right to recover is ear; i cannot conceive
how power could be more distinctly indicated |
will not stop here to argue the question of the
sttutonality, or, rather, the unconstutlonalty Of
these Congressional enactments above cited and
which has been claimed and commented upon by
deIendants counsel In my epin on it is not the
province OF this COut to p IS upon so crave ques.
ton for the purposes of this case. recognize these
enactments of Congress as the law of the land, and
binding. There other aud various ways by
which the constitut onaty these and other simI-
lar Congressional enactmen can be passed upon by
Courts OF competent jurisdiction 1 shall not take
the responsi bintv believing that the duty does not
devolve upon me, TO pass upon it inIthIs case. The
conclusion, therefore, TO which / have arrived is
that the plaintiffs in this proceeding entitled
recover.
And now to wit, April IA, 1866, Judgment pub,
lcly IN favor OF plaintiffs for SIX cents, together
with the costs of suit.
j. DONALDSON, Alderman.