The Indianapolis journal., 1897-04-16

replied that il was the intention or the
company 10 fight TO the last trench, begin
Judge Cox will not hear the Miller-Phelps
case. He belives that the law is valid and
In full force and was one OF those who
yesterday attempted TO take advantage OF
It's privileges. Boarding a CentraI-aVenue
car at noon yesterday he handed three PEN
MES TO the conductor He refused tU give
cents when il demanded. When the
car reached the Denison Hotel the con-
ductor called the motOrman 10 his assist
ance and. between them. they elected the
judge. Motorman Jackson was a friend OF
the judge but felt compelled TO follow the
rigid orders issued by the company The
Judge of1ered some resistance ana as ne
alighted heard the ring of his three pennies
on the pavement, where they were thrown
cutor Walker anticipates that the company
will base a demand for a change of venue
from Judge Cox on this incident and his
sue the company nor make affidavit against
the conductor. No change OF Venue from
the Police Court will lie. but "A demand may
be made for the appointment OF special
judge.
POLICE MUST ACT.
Speaking of the attitude OF the company,
Judge Cox referred to the fact that ord-
nances were always enforced until they
were declared unconstitutional. such as We
hicle ordinances, ordinance taxing bicycles.
| etc. AS there was always demand for the
| enforcement of laws against private citi-
| zens who were found violating those not de-
| clared unconstitutional, he did not see how
| the company could refuse to obey the three
| cent-fare law while the question is un-
| determined by the last court. To this prop
ostion Mr.. Walker assents. He says that
| he will proceed upon the theory that police
| officers must come to the assistance of
passengers who are being elected for re
| fusing To pay more than three-cent fares,
| where such a thing occurs within their
presence If. for instance. an officer stand
ing on street corner saw such an ~ oc
currence II would be his duty 10 AT once
| arrest the offending conductor and call for
| the patrol wagon. In cases where the Of
ficer does not actually witness the trans
| gression OF the law, however ii would be
| his proper course to direct the person max
| ing the complaint to procure warrant for
the aFe The r %aaa4 a seems m
| blanket injunction suit. State Prosecutor
Wiltsie was made a defendant but his
@er viii prodee tn enoree the law to
the best of his ability until he is instructed
yyate by eoe cox hgha g also in are t the police
| department do everything possible to en-
force the lay along the ne of cse his o
violate bicycle and other ordinances.
LOCAL PENALTY FEATURE.
1t is anticipated by attorneys for the
State who will conduct prosecutions for
| violations of the three-cent-fare law that
one theory upon which the company will
| base its fight is that it violates
the section of the Constitution which
says that the Legislature shall not
| enact local laws for the punish
ment of crimes and misdemeanors. They
will contend that this law is local, as it ap-
plies only to Indianapolis and that it vio-
lates the provision just quoted inasmuch as
a penalty of not less than $50 nor more than
$500 is inflicted. The State will contend that
IL Is not made a crime nor misdemeanor
| for any agent or employe of the company to
| collect more than cents fare for one ride or
TO refuse to grant transfer, but that it is
| made simply unlawful" and that the pen
| commission of a crime, but a penalty
for. violating the law. 1t is usual in GRIM
| be deemed guilty of misdemeanor or felony
| ard that they shall be fined and imprisoned
in given terms. Mr. Walker says there are
| precedentS for the contention the State will
| make. 1t has been held to be unlawful
| but not crime for a railroad company
to faii to give signals of approaching
| the constitutionality or unconstitutonality
| OF the law may hinge upon the construction
| of this point. Many declare that there is
| no question of the right of the Legislature
| to regulate municipal corpora tions, but it
is said that the city charter might be at
| tackled on this very ground as it makes it
| msdemeanor to resist arrest from police
| officers while this is applicable to no other
city in the State. The question has never
| been tested.
| Attention was called to the fact that there
| Is some miSapprehension on the part of the
| public as to what constitutes a violation of
| the law on the part of the conductors. A
| violation does not depend upon forcible
ejectment 1t is unlawful for any company
| or any of its officers, agents, servants or
| employees Ito demand. charge, receive or
| collect from any passenger upon its road
| or system or roads a cash fare of more
| than cents for any one trip or passage" 4"
| The provision with regard to transfer tick
| cts is equally sweeping. As soon a con-
| ductor takes more than cents or refuses
| to issue a transfer ticket he is subject to
| the fine. beside which the company is re-
| ger, collectibe in any court of competent
| jurisdiction. If the passenger resists the
| payment of unlawful fares and is forcibly
| elected, his cause of action may be re-
| the courts and worthy of higher damages.
| and the conductors or motormen may be
/ punished for assault and battery OF
| course it would be, necessary for the pas
| senger to prove the facts in his case, but
| the conductor would not be i'm a position
| to deny having demanded or received 5
| cents, the company would hold him for
| the amount he failed to collect.
The meanest thing about this whole
thing; said Prosecutor Walker, lis the un-
| enviable position in which the conductors
| ard motormen are placed by the attitude
| the company has assumed. They have been
| much insulted and abused to-day / have
| no doubt, by impetuous people, who hold
them personally responsible. They have
| had their instructions and must obey them.
! If they take less than u nickel the company
will make them pay the difference out of
| their own pockets.
| 1t is understood that the company will
| protect its employees i'm violating the law.
/ "
SOME CONDUCTORS HEsITATED