The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1873-09-18

From the New York Times
There il no doubt whatever in any mind
but that Of a railway director, OF the passen-
gers equitable right TO the usual sitting &C.
CommodaiiOn on a train whereOn he ha-
paid his fair. And at the rate at which
judicial decisions on the subject are accumu.
lating, there will soon be a. little doubt Of
his legal right. The question lately came
up in an Indiana court, with the result OF
confirming former precedents. The passen-
ger in this case, finding all the cars Of the
train on which he embarked completely
filed, refused to give up his ticket unless he
was provided with seat. To this bold de-
fiance the conductor made the usual response
by stopping the train, and causing the obsti-
nate, recusant and rash contemner Of the
divine right Of railway corporations to be
pitched out, with his baggage, upon desert
ed part of the road. For this little indul-
gence of arbitrary power on the par, OF its
agents, the railway company had the pleas
ure of pay ibg $1,000 in damages, although
it appeared in evidence that no seat could
have been furnished the plaintiff, in conse-
quence of the crowded condition of the cars.
The court ruled that the purchase of ticket
was in effect the purchase of a seat, and that
having taken the passengers fare the com.
pany was bound to provide him with the
usual and proper accommodation.
We wish that the determined stand of the
Indiana plaintiff had more imitatora. As
we have said, the principle on which he won
his case il generally conceded, and il, in
deed, founded on common sense and common
justice, as we'll az common law. The pas
senger buys his ticket with the understand
ing and expectation that he IL to have Il seat
for his money, and the company sells il
knowing it TO be taken with that prOviso.
But they count upon the timldity or sluggish
ness So characteristic Of the American pub
lie. to enable them to break their contract
with immunity, and they do 40 break it con-
stantly with entire Indifference to RICH: or
justice. Few persons, 80 cheated, have the
ner re to do more than urge a feeble remon-
STRANGE. which il quickly silenced by
threat Of election. Fewer still, having braved
the risk and unpieasantness of the alter
enough 20 carry them through the courts.
Thus this wrong has become go fortified
by usage and prescription that passengers 80
put upon hardly realize that they are ", ong.
ed, and conductors have become educated into
the notion that in enforcing the imposition
they are exercising an objectionable right.
Ard 30 far has this spirit of submission on
the one side justified the spirit of encroach-
ment on the other, that, a. is we'll known, on
one of the roads leading from the city, it is
a common practice to curtail the ordinary
sitting accommodation on its most crowded
trains, that passengers may be forced into
special high-priced cars, where seats are
given them at an exorbitant advance on the
legal rate of fare. And on this as on other
roads, suburban residents well know it il a
common experience for way passengers to
have to stand through an entire journey OF
one, two or ta.ee ..o..s. 1t is fair to admit
that inconvenienccs OF this kind may often
result from an honest mi.calculation on the
part of the officials, for which they are really
not to blame But their honesty in such
cases would be less doubtful if they received
protest or complaint in a more becoming
spirit For such miscalculations the compa- |
ny, not the public, should suffer. But We
never vet heard of IN instance where COM
p nv offered to refund to . passenger, with |
whom it had broken faith. the value Of the |
seat ont of which he had been defrauded, or |
Of conductor who failed to eject such pas
,enger upon his refusal to pay. Therefore,
We believe that If this Indiana example were |
more generally followed, such miscs!cula-
hons would occur les often, or, If they &C.
cured, would be accepted more toleran'ly, If
not remedied more quickly.