The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-09-20
BICYCLES As BAGGAGE
Interpretation Of the Law by
It's Author Railroads
Obligation the Same as
in the Case Of
Trunks.
IFrom the Paterson "Call."l

EFrom the Paterson "Call."1
The fact that some of the railroads do
not fully recognize bicycles as baggage, in
the stIictest sense of the term, to the dis
comfort and annoyance of wheelnen, was
comment upon in these columns a few days
ago. A~ssemblyman Gledhill, the father OF
the bicycle baggage bill, maintains that the
course of some of the railroads is by no
means the result Of any imperfection or
omission in the Law. What wheelmen
complain OF is that most Of the railroads do
not give a check for wheels and take care of
them, as in case of trunks. but require BIZ
cyclists to put their machines on and off the
baggage cars, greatly to their Inconvenience.
Assemblyman Gledhill says that under the
law no wheelman has to do this. He can
demand a check for his wheel ana require
the railroad compan or its agents to take
entire charge Of the machine, the same as if
it were a trunk. 1t will still further sur
prise the public to know that if the railroad
refuse to do this it is liable to a fine. b
bicycles have not been accepted as baggage
in the full meaning of the word is because Of
the fact that wheelmen do not seem sufici-
emily posted to stand up for their rights.
Let some wheelman demand that his bicycle
be checked and handlsd the same as a trunk,
and, if refused, make a test case of it. Then
the question will soon be legally settled, and
in the opinion Of MIR. Gledhill it viii
promptly be settled in favor of the wheel
men. In substantiation of this idea we are
indebted to Mr.. Gledhill for the following
facts:
The bicycle baggage bill requires railroads
in New Jersey to carry las baggage" and
ssin lieu of other baggage, :" one bicycle. The
railroad company is responsible for what
ever loss or damage may happen TO such BIZ
cycle en- route. The courts have interpreted,
time and time again, that baggage is:
whatever the passenger takes with him
for his personal use according to the wants
| and habits of the particular class to which
he belongs, either with reference to his per-
sonal convenience or to the ultimate pur-
pose of his Journey
Now the courts have decided repeatedly
that trunks are baggage. and that the rail-
road company is responsible for 100 pounds OF
baggage to each passenger without any par
ticular agreement. And the Gledhill bill
makes bicycles baggage in the same nan
ner as trunks or valises are baggage. Con-
corning the responsibility and liability of
railroads, the general railroad law says:
Section 26-That every such corporation
shall start and ruin its cars for the trans
portation of passengers and property, at
regular times, to be xed by public no.
tice; and shall furnish sufficient accommo-
dations for the transportation of all such
passengers and property as shall within
a reasonable time previous thereto De
Offered for transportation at the place of
starting, and the functions of other rail-
roads and at usual stopping places estab-
lished for receiving and establishing way
passengers and freights for that train;
and shall take, transport and discharge
such passengers and property at, from
and to such places, on the due payment
of the freight or fare legally authorized
therefor; and shall be liable to the party
aggrieved in TN action for damages for
any neglect or refusal in the premises.
But, argue some of the railroads. even
if bicycles are baggage, the same as
trunks, we are not compelled to handle
them and put them on and take them OFF
the cars, nor are we compelled to give
checks for them. We could give receipts
for the same. The check is something
that the railroads have adopted for them
are not required to give them. This, how
ever, is a false impression, as is manifest
from the following extract from the gem
eral railroad law
section 27-That a check shall be af-
fixed to every parcel of baggage when
taken for transportation, If there is a
handle, loop or fixture, so that the same
can be attached upon the parcel or bag
gage so offered for transportation, and a
duplicate thereof given to the passenger
or person delivering the same on his be-
half: and If such check be refused on
demand the corporation shall pay to
such passenger the sum of $40, to be re-
covered in a civil action; and further,
no fare. or toll shall be collected or re-
ceived from such passenger, and il such
passenger shall have paid his fare. the
same shall be refunded by the conductor
in charge OF the train, and on producing
said check. if his baggage shall not be
delivered to him, he may himself be a
witness in any suit brought by him to
prove the contents and value of said bag
gage"
1t would be seen, therefore that not
only are the railroads compelled to give
checks. but they are liable to a fine of
so il they refuse to give one. This money
goes to the passengers. Furthermore, no
fare can be collected from the passenger
if he is refused a check. Now, inasmuch
as the GIedhill bill declares that bicycles
are baggage, and that railroads must
carry them as baggage, the same rules
apply to them as to trunks. And as trunks
must be checked and handled by the rail-
roads SO must bicycles. 1t is plain to see
that all that it is necessary for a wheel
man to do is to go to the baggageman at
any depot and demand a check for his
wheel, the same as If it were a trunk
and leave it to the railroad authorities to
handle. On arriving at his destination he
can go to the b-aggageman, present his
check and receive his wheel. fit is not
there the railroad is responsible. If the
check be refused at the start the wheel
man can bring action for the penalty.
The wheelmen therefore are manifestly
laboring under a misrepresentation in i'm
agining that the law in its present shape
is not amply sufficient. Because the rail-
roads,, or some of them, AVE not fully
recognized it, is not the fault of the law
itself. 1t is more because the wheelmen
nave submitted to the railroads interpre-
tation of the law and because they (the
wheelmen) ave not stood up for their
rights. 1t was Assemblyman GIedhilrs
stubborn determination that bicycles
should be regarded as baggage in the full
est meaning of the word that delayed the
passage of the bill SO long in the last
LEGISLATURE, because the railroads strenu-
ously objected to that particular and very
essential point.
Presented the Wrong Card.
The men employed at the Big Four
freight office in Indianapolis think they
IZ-E rf1T~1Zt A = -, r,1~4 $40