The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-20
MIR. BERGH EXPLAINS.

To THE EDITOR OF THE HERALD
In your editions of the 18th and 18th inst you
refer to the arrest Of officer Of this society for
alleged violation Of law enacted to prevent the
obstruction of street railways in this city.
Those articles justly aud logically review all
the circumstances connected Herewith that there
is only left me the qualification of expressing my
appreciation of them in all their legal bearings but
there is point which would respectfully ask
you to reconsider
1t is q popular error to suppose that when car is
stopped in accordance with law that the passengers
experience any important delay. The disabled ami
NAL in such is removed and the horses attached
to the following one substituted, thereby occa-
sioning halt of two or three minutes. Surely, in
view of the vast services which that animal renders
to mankind 30 small q concession Is due to him,
when to drive him further is to inhct unnecessary
punishment. But let us suppose for moment that
hundreds OF passengers are thus detained. who oc-
casions the detention? In cons Iteration OF most
valuable franchise. for which railway corporations
vehicles horses capable Of our oti.
zens from one point to another. ON tho payment OF
a liked sum OF money. Whenever an animal at
tached to one OF their vehicles Is found to be in .
physical condition which units IL for the perform.
ance Of that service. and which the law orbids the
use Of and Is arrested III its progress IL not the
officer who Is responsible for the interruption of
travel but solely the corporation which has, by the
conditions of it's charter agreed to carry the public
with safety and despatch, but fails to fulfil s
tract.
II it were disabled cdr instead Of . horse Ole
cases would be similar.
Now let us consider briefly what would be the i'm
evitable consequences of accepting the suggestion
OF allowing horses being driven to their depots
while in u disabled and suffering condition. Rail-
road proprietors, finding themselves exempt from
interference, would be likely to take advantage of
such immunity by employing inferior animals, and
the painful spectacle be speedily revived of mping
and bleeding horses being driven through streets.
Again. 1t Is necessary to be consistent and when
ever q heavily loaded truck, drawn by q disabled
horse IL discovered, its driver, with equal Justice
may demand the privilege of going \ few miles
further the stable other place of
As in the aud trucks with the hacks wagons
and all other vehicles drawn by animals that
practically one-half OF the humane duties imposed
upon this society by law would become suspended!
But wherefore make such partial distinction in
favor OF railroads and apply the law with rigor to ali
others, including tho necessitous vender OF small
wares, whose poverty sometimes obliQcs him to
transgress the lawY am told TO order the officers
to get on the car drawn by suffering animal and 10
to the end OF the route, many miles perhaps away.
and there make the arrest, any thereby RENDERING
these men accomplices In the offence which they arc
DESTROYS OF preventing. This has been done in
few instances, without my sanction, however, and
IN every they have been justly rebuked by the
courts and magistrates before whom they have ap.
peared.
In conclusion let me add that the proprietors Of
the city railroads generally, with the exception of
the author OF the vexatious statute In question re-
gard this society with much favor realizing the fs
that although 1t was not created for such purpose II
nevertheless a watchful guardian their anina
propertyshelding IL from abuse and when disabled
sending its ambuances to transport their
servants to places Of shelter and security.
ASxRX BER0K, RrssiasnA