The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-11-30
Will SUE WHOLESALE.
Newark Policemen Gathering
Evidence Against the Con-
solidated Traction Com
pany for yestibule
Law Violations.
Especial to ..The Jersey city News.,l

Especial to 1.-THE Jersey City News.'l
NEWARK, Nov. 80, 1S9T.-The Board of
Police Commissioners now take the anne
view of the trolley vestibule law" viola
tons as the City Law Department does,
and is collecting evidence with the pur-
pose of bringing joint action on one or
two thousand cases in a single suit in the
Circuit Court. This course was deter
mined on at a conference of the commits
sioners held this evening.
In accordance with that decision Presi-
dent Smith, as Acting Chief of Police, de-
tailed a number of officers to begin secur-
ing evidence yesterday. The watchers were
assigned in pairs to different sections OF
the city, where they were in a position to
board every car operated by the Consoli-
dated Traction Company on its several
lines. They began work promptly at six
o'clock in the morning, and continued on
duty until nine O'Clock. According TO the
plan all danger OF duplicating complaints
was avoided by having each set OF watch
ers attend TO the cars OF separate lines.
AS the first car came along one of the
officers got aboard, paid his rare and OBJ
tanned a transfer containing the number
of the car and the date and number OF
the trip. In addition he made a note of
the same data and took the conductors
number, too. Then he alighted, walked
back and waited for the second car fol-
lowing, as his partner had repeated the
performance on the one Immediately be-
hind the one first boarded. The same Off
GERS took their place at the same points
at five O'Clock III the afternoon and
off III the cars boarded during the morn
ing and took the usual evidence against
any additional cars found running.
The evidence so obtained, after being re-
corded and a~ttested by the officers secur-
ing it, will be turned over to the law de-
partment. The plan OF paying fares is
adopted in order to have the city in a
position to prove that the cars complained
of as being operated without yestibuleS
are run for the carrying of passengers.
the city might be called upon to prove the
fact of the cars being run for that pur-
pose, and unless able to do it positively,
the case might be lost on a t~echnicality.
In a joint suit, brought to recover thirty
seven penalties from the Pennsylvania
Railroad for as many distinct violations
of a State law, thirty-Six of the penalties
were lost on appeal because the joint dec
l%aration failed to set forth in more thar
for a specific purpose, embodied in the law
violated.
This plan Of securing evidence will be
followed daily until the desired number Of
cases are secured, and perhaps until April
/, 1898, unless the Consolidated Traction
Company should in the meantime agree to
comply with the law and equip the cars
on its lines with vestibules.
Assistant City Attorney BoggS, who was
charged with the duty of bringing the first
suit for violation, held from the start that
this would be the better plan to pursue.
1t would be impracticable, he c~ontended,
to attempt to collect penalties in the dis
trict courts for all the violations. On the
other hand, by going direct to the Circuit
Court with one or two thousand cases, it
would mean a total penalty of $4,000 or
$50. COO. with the possibility of more.
Rather than assume the risk of losing
such a large amount of money on appeal
Mr.. Boggs thinks the ompany would
agree to comply with the law on condition
of having the suits discontinued. Other
wise, he says, they might be obliged to
comply with the law and pay the penalty
at the same time.
The Police Commission is inclined to
continue securing evidence as long as the
traction company continues to violate the
law. In doing so the board has a dual OBJ
ject. First. 1t wants to see the law COM
piled with, and second, to have the city
recover the penalties imposed.
The board has asked for an extra APP
preparation of $4,000 from Council so that
it may appoint fifty patrolmen and estab-
lish a new precinct. The request was de-
MED because Common Council did not
have the funds. The Commissioners
Vestibule law subjects the company, can
be collected, the Police Board would have
first claim On the money and might secure
the desired $50, 600.
The police are not ready to make public
how many cases of violation they have
secured evidence in, but the Consolidated
Company has 47 ears licensed for use in
this city. If a penalty was recovered in
each case it would mean a revenue to the
city of $10,175 each day is long as the vio-
.lations continue. From yesterday to March
81, 1898. inclusive, a total of 122 days in
tervene. With 47 cars operated daily in
violation Of the law, a total penalty of
81 241. .35l might he sued for.