The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-10-04
VERY QUEER LAW THIS
Car Vestibule Act Provides a
Penalty for Doing What the
Statute Seeks to
Have Done.
Especial to 'The Jersey City News."l

Iopecldl TO lne Jersey lily NEWS j
NEWARK, Oct. 4, ls97.-An opinion as
to the duties of the police in regard to the
"vestibule ear act was submitted by City
Counsel Price at a meeting held by the
Police Commissioners Friday night. The
Commissioners asked for the opinion Sep
TENDER 2. and after stating that press OF
official business prevented an earlier COM
pliance with the request. u says
THE 'yestibule car act provides that
the penalty therein presented may be re-
covered by the person or board having by
law the control of the police department
in the municipality through which said
ear or motor or vehicles shall be operated.
I suppose it is this provision of the law.
involving the duty of your department,
that causes you to ask for the opinion of
the city counsel. The act in question pro-
yides as follows:-
g On and after the first day of Noyem~
Der, 1897. it shall not be lawful for any
company operating a street railway OF
railroad or other railroad S4<sSd rs a
street railway by mes.-=~ --s mo-
tors to use upon its said rttiaaoad OF fAI.-
ways any cars, motor or vehicle Tor the
conveyance of passengers tive the
first day of November and the first day OF
April in any year unless said car, motor
or other vehicle shall be constructed with
inclosed or vestibuled platforms, provided
with the proper glazed sashes at the ends
of the car and with open doorways at the
sides
saThe provisions are quoted from the
first section of the act and appear to pc
effective so far as making a non-conapii[
ances there with unlawful, but the trouble
with the law comes in the second section,
for it is there provided as folioWs:-
For each day or part OF a Gay any
such car, motor or other venice Tor the
conveyance of passengers shall be operat-
ed and used In the operation Of any street
railroad or railway operated by means OF
electric motors, he company owning 81
operating said car, motor or yeh1cle snaA
be liable to a penalty of SO.
THE words any such car, motor or
other vehicle, etc.. refer to the cars nav
ing a vestibule, and consequently make Il
a penal offence for the company TO ope-
rate a car with a Vestibuie between the
first day OF November and the first day OF
April. The law really restricts and pro
hibits the use of a ear with a vestlDuie
platform. You will thus perceive this is
a fatal mistake in the drafting of the act.
1t is a penal statute, and must be stflctly
construed. | do not suppose your Doa aai
or any person cares about the enforce
ment OF a law against a railroad company
which runs or operates q street raiiroae
car with a vestibule constructed with en-
closed platforms provided E with proper
glazed sashes at the ends of the car. with
open doorWays at the sides. and yet II you
attempted to enforce this law you Wouid
nave to enforce 1t against the use OF TINS
kind of a Street railway car, which would
be a very great hardship on motormen
employed by such mpan and would be
an entirely different result from that
which the originators of the law intended.
Under such a state of existing facts
I do not think your department will be
troubled by applicants for the enforce
yment of this law. If. however, you are
to enforce it. ! will be very. glad to give
you further advice thereon.
That's a great law" said President
Smith after Clerk Cox had read the opin-
ion. and then the communication was or
dered placed on file.