The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-11-25
ro,,cruEy MUsr ray FARE.
More FREE Passes or Free Ridss FOR
Then and for Fireuen.

,rer Ian. 1 policemen and Aremen Of this
,,r who now travel free on the elevated and
.rrf,cs railways will have 10 pay their fare like
culinary mortals, walk, or subject themselves
% punishinent a. misdemeanants. More than
mi. elevated railway gatemen who permit those
ppblic tunctionaries 10 pass 10 the platform
ritbout dcpositlng tickets and street car con-
ductors who fail 10 collect from them the regu-
lar fare. will be guilty Of misdemcanors
This is the opinion Of some Of the best law
yers and is based on the snti-psss provision OF
the amended Constitution, which II section 8 OF
article 10 and reads as follows;
No public onicer or person elected or appointed 10 .
publlc ONCE under the laws OF the State shall directly
ar Indirectly ask, demand, accept, receive or consent
10 receive for his own use or benefit or for the use or
6.neat OF another, any free pass free tr.nspor,s,lon
t.i.s5sPh;,o i ,.isphontT,s.s from any person p cor
b bSssSiiiHan ~ III. sseslSD :s.SYi 81 ,aes%sd. sSii,y p I
te Attorney General; ApTy corporation or onles ar, or
ocssiscSeir or person elected Or sppsointted to ! public once
any such free past. free transportation. frsnklns
guilty 81. m~isdsmssger and liable 70 pSnlsSmeni:
irsn.ports.on, fsapsins %psiyiisse. ., d%iseriminstion
e f Sf.I.s, !SS thereto. ana ssa e e sssiI ~! = 'i iIsSls e XVII
he giving of the ssme' O'
That policemen are public officers in the mean
ing OF the law hns been. decided by Judge lngra-
men. II has been the custom OF the railway
companies To permit policemen and fremen IN
uniform TO ride free, and detectives and higher
There seems To be no doubt" said First As
~sietsnt Corporation Counsel Dean Yesterday,
free transportation Of both policemen and fire
men by tho railroads Of this city, IL Is hardly
suit FOR the forfeiture Of the office OF every
policeman who would violate tho law, but there
y the provision Enic srsn n ,psnspo or and sec-
tion o of the same article cgmpeis the Disirlct
Attorney, to prosecute for such ylolatlons' mere
seems TO be no way out Of IL, unless there should
be a general determination on the part OF every
one not TO enforce the law.
Of the street car companies may depend on the
giving OF free ransportatton 70 policemen and
the people who granted the franchise would
have a right, by the adoption Of a constitutional
: .%ssa oonati,o oo ny HERETOFORE. Sey Ga al st e. hhe 0e to- the
franchise. Such an amendment would not be
an Impairment Of the obligation of the contract.
The person who drew that amend ment must
have done so with malice aforethought. II
seems 10 block every avenue OF escape from It's
provisions. It is true that tho amendment only
proposes to punish corporations, or their officers
or agents. VIII offer nr promise passes or free
iIans{PG Goao mh pds t makes IS a : persons Ss2xls'O who 90 w sas
formerly known as an accessory to n crime y
principal. and a street car conductor n Mh9 g 70
guilty assthe man who did the riding"
In the case of policemen IL would not be neces-
sary for tho Attornoy-,ieneral to bring suit for
the forfeiture OF their onice.. Con viction for
misdeneanor would work the forfeiture, rs no
person convicted Of a crime can be q policeman;
fremen means an additional expense to every
man which will probably average. 500 a year,
and there is no fund from which they can be
REIN bursed by the city except In the case of the
detective force. IL may be that this provision OF
the Constitution will result in an adoption OF
the "patrol-wagon" system. SO that police re-
serves may be rapidly TRANSPORTED to points
whore they may be needed. Heretofore they
have used the railways.