The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1869-11-27

RIGHTs or PASSENGER IN A RAILROAD CAR.-
A case was tried in Boston, few days since,
which has called our attention to the subject
OF the rights of passenger in a railroad car.
A train WAS about starting, when gentleman
named Churchill entered a car, and seeing an
empty seat, was about TO occupy il, when the
occupant of the adjoining seat-a gentleman
named Curtis-told him that the seat was re
served" Mr.. Churchill knew the law on the
subject in question, and also knew his own
rights II passenger. He therefore attempt
ed to occupy the seat, but was forcibly pre-
vented from doing so by Curtis. He did not
rctaliate on his assailant, but retired from the
contest, quietly saying In Curtis he did so
'If you are a gentleman, never saw one be-
fore"
Soon aftOr the occurrence, Mr.. Churchill
prosecuted Curtis for interfering with his
rights as a railroad passenger. Curtis sought
to prevent the case from coming TO trial. He
offered Mr. Churchill large sum of money If
he would stay proceedings, or let the case go
by default by not appearing against him.
This offer Mr.. Churchill rejected; but told
Curtis that if he would apologize to him, he
would pocket the assault, forgive him for the
act, and abandon the prosecution of the case.
This offer Curtis rejected with scorn. The
case therefore came to trial Curtis WAS found
guilty of interfering with the rights of Mr..
Churchill as railroad passenger and was SCI =
fenced to imprisonment III the common Jail
for II term Of two months.
Now, Mr.. Curtis is banker, il wealthy.
is a man of high social standing, and is de-
sccndcd from AN aristocuItic family. As u
matter of course, he does not relish this
"change of base" from the society of the
Mammon worshipcrs in State street t. that
of fclous and outlaws in the city prison. One
day Inst week. about three hundred bankers,
brokers, merchants and Others petitoned the
Governor and State Council to grant him a
pardon. After deyoting two days To n cousid.
erntion of the case, the pardonng power de
clined To grant the prayer Of the petitioners,
and Curtis is likely to serve out the full time
for which he was sentenced.
Since the introduction Of railroads in this
country-nov about forty years since-Stnte
Legislatures and the courts have clearly de-
fined the rights Of passengers in railroad cars
There is no such thing known in law as IRE.
served or engaged seat. This is simply
presumption or assurance on the part Of the
person making the claim. A person entering
a railroad car, has rigiI; 10 take any seat not
occupied, and the person who intcrfercs with
him OF hcr ia the exercise of that right, is lin-
blc to proICou,ion. II the occupan. Of seat
nbandons il cnly for short time without leav.
ing anything in il to indicate that il il taken
he forfeith his right 20 it, even If he has &C.
cupied il all day or sll night. These points
have been clearly established by law W,
have frequently seen passengers subjected Ia
much Inconvenience by some masculine OF
feminine "snob" by claiming that the mex
seat 10 him or her was engaged" Passcn.
gers in q railroad car should know thci,
rights, and knowing should help mnintair
them.