Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-10-22

however, is fully as important as
ever, during passage made on this
book, change of conductors is made, each
conductor must detach one coupon for each
mile or fraction thereof Travelled on the
train while under his ehlrge" The defrn
dant urges that the Language of the sixth
paragraph would indicate that the coupon
numbered 1000 must necessarily be the
''last" referred to on the fourth page of the
cover, but this hardly seems to be the most
rational view, but rather that the word
"last'' there ref-ls to the last coupon re-
naming between The leaves, regardless of
its number. The language of the second
and third paragraphs, That one coupon
shall be detached by the conductor" and
''That whenever during a passage made on
this book change of conductors is made,
each conductor must detach," ETC., are
words sufficient, according to the defen
dant's view, to authorize the conductor and
no one else to detach the coupons, and he
further urges that il this right rests in the
conductor, then it is for hun to say what
coupons shall be detached or, placing i.
upon more familiar principle, the defen-
dant says that when h person possesses q
right, it is his privilege to exercise the
right, according to his own will! providing,
of course, that its exercise is kept within
reasonable bounds.
The real question to be decided is, then,
Is it the right of the conductor to detach thf
coupons, or is it the right of the plaintiff !:
If it be the right of the plaintiff,
then lie may exercise that right so far
bo
1T it be the conductors right
TO detach coupons, then he should
be allowed to exercise that right without in
reference from others 80 far as he keeps
within reasonable bounds. The words upon
the cover of the book referred TO are plain
and explicit, that the coupons shall be de-
t tlched by the conductor. That this regula-
ton is a reason able one and that coupons are
void unless detached by the conductor ha.
been held in SD Va, 250; l46 Mass, l07,
s. c., 4th Am. State Rep, 293; SD Texas,
364. In these cases the further principle
was decided that if the passenger refused
to allow the conductor to detaCh coupons
and insisted upon doing it himself he might
be expelled from the train; also if while
detaching the coupons the conductor calls
his attention to the fact that 1t is bis (the
conductor's) duty to detach them the pas
sepger should desist and hand the ticket
and coupons to the conductors. These
cases referred to have arisen where the
stipulations are substantially if not literally
the same as those contained under the word
contract" in the mileage book presented
by the plaintiff. The bearing of all these
decisions seem to be in the direction that
under these stipulations it is the right OF
the conductor to detach coupons. In the
mileage book in this case, the language
plainly says that the conductor shall detach
the coupons. Why, then, if it is the CON
ductor's right to detsch coupons, should he
not be allowed to exercise that right accord
ing to his own discretion, as long as he does
not exceed reasonable bounds. If this
right rests with the conductor, as it appears
it must, then it must further appear that it
is the privilege of the conductor to exercise
his right within reasonable bounds and that
the de cision must be for the defendant.