The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-04-17
TRANSFER TICKETS REFUSED.
A Conductor Fined-COmpany Almost
Deserted Him.

A case in which the Citizens Street-rail-
road Company was interested was tried in
Magistrate Nickerson'S court yesterday
morning. 1t did not grow out of the Scent
fare law, but, coming at this time when
many citizens are excited over the conduct
of the company in resisting the enforce
ment of the law, the case has considerable
interest. Albertus Swain was the prose-
cutting witness in a case against Henry +.
Huester, a conductor on the North Penn
sylvania-street car line. Several days ago
Swain boarded north-bound car at the
corner of Pennsylvania and New York
streets. He had a transfer ticket given him
by the conductor of an inbound Bright
wood car, from which he alighted at Massa-
chusetts avenue and New York street.
Conductor Huester refused TO accept the
transfer ticket because the passenger did
not get on the car at a junction point.
Swain refused to pay another fare and the
conductor took hold of him to eject him;
Some other passenger paid the fare and
Swain was allowed TO ride. He secured
Huester's arrest on a charge of assault and
battery.
Swain testified that he left train at the
observation-disclosures depot and caught a
Brightwood car coming down town. lie
transfer ticket to North Pennsylvania
street. At the corner of Massachusetts ave-
nue. and New York street the conductor
told Swain that a Pennsylvania-street car
was just passing the corner of Ohio street,
and, as he knew Swain was in a hurry, Sug-
gested that if he would run he could catch
the car at the corner of New York street.
This Swain did.
This evidence was not disputed, but At
torney w. II. Latta, for the Citizens COM
pany, argued that the company granted
the transfer without requirement OF law,
and had made certain conditions on which
the transfer would be made. One of these
conditions was that the person accepting
the transfer would take the car TO which
he was transferred at the first junction
point The company had issued orders TO
its men TO accept transfers only at juno
tions, and the conductor acted only in good
accept transfer ticket block from the
junction. John Bowlus, for the state,
argued that the transfer ticket was con-
tract between the company and the person
accepting it, and that the rules governing
its use must be reasonable. 1t was argued
that the time limit for the use of
ticket was punched it was not in the COM
pany's power to compel the passenger 10
stand at any given point to board the car
the car overlook him it was none of the
company's business so that the passenger
took the car passing within the time pre-
scribed. The fact that the conductor on
the Brightwood car advised the passenger
to catch the Pennsylvania-str car at
New York street was used as evidence that
the rule requiring passengers to transfer at
junction points was not generally under
stood if indeed there such rule.
Magistrate NlcherSOn ilileu t1ueSier CIV
and costs. AS there were number of wit
nesses the costs were pretty heavy. At
torney Latta gave notice that an appeal
would be taken. and left the courtroom.
Then came the question of the disposition
of the prisoner. George Bruce of the claim
department of the Citizens company. was
still in the room. but declined to go on
Huesters bond. There was only one thing
10 do in case the bond was not given or
the fine paid. That was to send Huester
to Jail. 1t looked for a moment as If Hues-
ter would have TO pay the fine himself or
go to Jail Constable Whitesell told Hues-
ter that he could go out and get the money
10 pay the fine IL he wanted 10. The man
was worried He thought he was deserted
by his employer and started out to raise
the money. There was a hurried consulta-
tion in the courtroom. Then the telephone
was worked industriously and nearly all the
witnesses who had claimed fees consented
TO remit them If Huester should pay the
fine himself. But while this was going on
Mr.. Bruce telephoned to a. l.. Mason.
president OF the company, and the appeal
bond was filed.