The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-14
THE CAR FARE QUESTION.

Some days ago there was published in several OF
the city papers statement to the effect that 30
much Of the Congressional act as provided fof the
collection Of oneeghth Of one per cent on every pas
senger carried In the car Of a street railrod com.
pany had expired by limitation, and that IL tho
owners OF the roads persisted In charging six, when
their charters permitted only flve cents for ride
they would not only be violating the terms OF the
contract into which they had entered but be impos-
ing grossly on the public.
gentleman Of the name Of Campbell read ono
Of these paragraphs and as he was II
the daily habit Of riding on an Eighth avenue
car to his place of business he On
wednesday last rendered to conductor Smith
five cents, which that person accepted, under tho
impression, however, that Mr.. Campbell was with
out other change, and persuaded In his own mind
that he would ut some other time get the odd cent.
Shortly subsequent to the payment, Mr.. Campbell
and Mr.. Smith fell into O. conversation on the ques.
ZION OF @ me 70 sf tSan e
cents Smith replied that In that case he would b9
under the necessity of putting him or the car and
handing him. II he made any disturbance, over 70
the care of police officer Upon this Mr.. Campbell
declared he would test the question on the return os
upper part OF the city, Mr. Campbell got In, and
when the conductor attempted TO collect his
manded another cent, and upon its being refused
stopped the car and by the OF force elected MIR.
Campbell into the street.
and the assailed party proceeded to the Fourth
District Police Court Justice Connolly presldings
where o complaint OF assault and battery was duly
entered aga st the fare taker Bail being accepted.
yesterday morning at nine O'Clock was appointed az
the hour to enter upon preliminary investigations
as to the right OF railroad company to charge six
cents fare and In the event OF its refusal TO authorizes
its agents to expel passengers by force from their
1t seems, however, that between wednesday and
yesterday morning Mr. Campbell consulted !" some
authorities and withdrew, az VIII be seen by the
annexed, his complaint against the conductor.
APRIL 10, 1863
DEAR SIR-After consideration and consulting some au-
oTss whom hse the SansSo % " bs
Avenue Railroad. Respectfully yours, IT c,uppp,,
The Judge, for tho information of the counsel OF
Mr.. Campbell, who was present, read the above in
open court and then remarked that the street rail-
road companies had the legal right to charge six
cents He added that Mr.. Darling, President OF the
Sixth Avenue RailroadCompany, while In Congress
procured the passage Of an explanatory section tho
Congressional United States Revenue act, and that
under this clause, which has been In force since
street cars are ecessitated to submit to the extra
charge OF one cent and that In case OF refusal ex-
panied by undue Violence, regarded as an assault,
that is Of an aggravated character.
The section in question reads as follows:-
And further eat,d whenever, the proviso
to section iG addition any fare: shall amount %
The asUp Of @ sag o. IA
said secion shall be authorized to add TO such fare
Even II the clause to which that above IL explana-
tory and the time authoritative had become
Of no effect by limitation OF the statute, the right TO
charge the additional cent cannot be questioned, i
view OF a decision by Judge DAILY, of the Court OF
Common Pleas In the case OF George w. Block who
brought suit to recover penalty from the
sixth Avenue Railroad Company, which In 1864
compelled him to pay certain portions above
the legal fare, which disalowed the penalty
set up by the complainant and only per.
mitted him to collect OF the company the extra
| fare that had been unauthorizedly charged. This
was before the passage OF the paragraph quoted ana
since 1854 the question has not been raised the ten.
ability Of the charge Is admitted aud before th9
| amendment can be made imperative the opinion OF
the Supreme Court OF the United states as TO us con-
stitutionality must be invoked.
| we have made the above statement to disabuso
the minds Of those who, like Mr.. Campbell, may navo
been led asray by reading the paragraphs In quos-
ton and thus prevent trouble between passengers
and the agents OF the railroad companies ana poss
bly, vexatious and costly litigation.