New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-07-07
R1LWfY IMPRISONMENT FoR DEBT

and assistance or the NcilndHS III AuSIl i'
proper.
RAILVlY IMPRISONMENT FOR DEBT
Complaints are made that the management
of at least one of the Elevated roads assumes
to settle differences with its patrons concerning
lost tickets by OBTAINING the unluclly passen-
ger at the station when he wishes to leave
the train until he produces ticket or pays
a satisfactory fare AS the exaction Is trivial,
the victim generally submits. Should any
one, however, suffer seriOus modification or
delay by being detained for want OF ticket,
he will do well to see what redress he has by
action Tor false Imprisonment. And the new
management of the combined roads will do
we'll to ask their lawyer what authority rail-
road corporation has to order imprisonment
for debt.
1t has become well-setted law that for
nOn-payment of fare railway company may
put a passenger off its train. But putting a
man out is very different from keeping him
| in The grounds on which the right to eNpel
has been accorded cannot possibly be made TO
sustain a claim to detain. Authority to put a
passenger off for non-paymcnt looks like a
summary remedy given to companies for collec-
| basis. 1t has become established in this way {:
\ railroad company gains from the State Its
right to take lands, build a road and run
trains, upon assuming the public duty of car
rying passengers. The public having given
the franchise, have the right to benefit by it.
But their right Is subject to conditions in fa-
vor of the company. The passenger demand
ing to ride must be law-abiding person
travelling in the peace of the State. He must
pay the just fare as demanded, and he must
comply with the reasonable rules prescribed
by the company for safety of passengers and
convenient management of their trains Upon
these conditions he has the right to be car
RED without them he has not. turbulent
rullian, n pauper or a persistent viOlator of
the company's rules has no right to ride.
Now. the courts have said that if the dsOr-
DERBY conduct, the refusal to pay fare or the
violation of the rules occurs after the train
has started the effect is just the same rs when
it is ascertained beforehand. 1t terminates
the right of the Individual to be carried, aud
the corporation may refuse to take him fur
ther, and may put him oil the car.
This right does not differ from that accorded
TO persons in all employments. A servant
may stop work if his wages are not paid. The
butcher, baker or grocer may refuse further
deliveries if the weekly bill is not settled.
The landlord may turn out the tenant if the
rent is in arrear. The exceptions are few in
which person can be compelled to continue
rendering "A service after the lawful payment
is overdue and withheld. The courts have
simply refused to make railway service an
Ihprn IL Wha
in the rule, of allowing companies to cOercc
payment or to punish passengers for non-pay-
ment The idea is simply that if the passen-
ger will not pay, the company may do just
what every tradesman or labOrer may that is
stop any further service. There has been
special reason for discussing this principle in
It's application to railways, since the putting
q man off a tram involves violence, peril and
hardship, which do not arise when ordinary
services or sales are stopped. The courts have
met this consideration by requiring the ex-
pulsiOn to be made humanely; by saying that
no unnecessary force must be used, that. the
train must be brought to full stop, and that
Il passenger can only be elected at some hab-
table place on the road. And in several
of the States the Legislatures have imposed
special regulations in favor of travellers. But
there is nothing in the whole doctrine to en-
courage the idea that any unusual power is
vested in a railroad corporation to force its
debtors to pay their debts.
Now, suppose any New-Yorkcr approaches
the Forty-second Street Railway Station, in
tending TO ride to Canal-st. UuquestiOnably
the company may enforce any reasonable rules
to make sure OF his fare before he enters the
ear. They may keep him out by a gate or a
Waterman until he has bought ticket. If he
refuses to pay they can refuse to carry. So
ON tie way down. II he will not show or
give up his ticket on proper demand, they can
refuse at any intermediate station to carry
him any IuIther, and if he VIII not get out,
voluntarily, the conductor and brakeman may
lead him out gently by the coat collar or
other convenient method. But when the car
reaches Canal-st this right to refuse to carry
him becomes imperative because the passen-
! ger does not wish to be carried. He has had
his ride, and now only desires to go down the
steps and walk off to his place of business.
This, unless the railroad company is vested