The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-09

state Railway Csuap,,.s,eu D,,rs,.se. thn Ce--
piaint hRatnst the Cable Read.

Og@NaNIAAoh WtNENnmI1 NnN Cgns
piaint hEatnst the Cable Road.
ALBANY, July s.-Tho complaint Of the
Knights Of Labor, District Assembly 70, of New
York city, alleging that tho metropolitan Street
Railway COMPANY violates the law in failing TO
issue transfer tickets at certain points, was dis
missed to-day by tho State Railroad Commits
sion.
The complaint, which was fled in March last,
alleged that tho railroad company had refused
TO comply with sections 93, 1o1, and lo4 of the
Railroad law requiring the giving Of transfers.
Annexed to the complaint Is q schedule show.
ing $50 junction points wheredt Is alleged trans
fcrs which should havo boon given wero refused.
Tho company's answer commended that tho only
section OF tho Railroad law requiring railroad
corporation to give n passenger a transfer 10 Sec
ton 1oA, and that the company has for a long time
boon giving transfers to passengers desiring to
travel on roads connecting with tho Metropoli-
tan Street Railroad in all cases whore the rola-
tons existing between the railway company
and such connecting roads fall within tho pro-
visions Of that section.
20 In behalf Of the complainant two witnesses,
both residents Of Brooklyn, testified that they
had been employee to travel over the lines of
the metropolitan Street Railway Company and
which had ti' sesS given We os sho%; t RSS,pt, no t E Us: : Ss
been refused thsy would loave the car, take tho
next one and ask Cor q transfer at tho next point
In its opinion Diminishing the complain. the
board says:
I'm tho case Of Myers against tho Brooklyn
ttelghts Railroad Company, an action to re-
cover several penalties for refusals 10 give trans
fsrs under section lol Of tho Railroad law. the
TO pass upon the question rs to whether the do
fcndant was bound under tho law to give a
tnuous trip between points on connectine lines.
~ held tho plaintiff was not. q bona ide passcn.
S S%dc w, thsf r INF R'f fse eam Of the sG IS tSqs a sns
Is entitled to no rclief from this board upon tho
EVIDENCE srhn SS, presented; The witnesses were not
Of the city and wore hired to demand transfers
where they knew no transfers would be given.
its own enforcement by means Of u penalty to
be sued for and recovered by a passenger dcsir-
fused fus '' The Soard f'o IS % OF T the opinion q nfanS tSat Is tho lsi
proper and speedy. correction, of violations Of
this section can best DO secured at the instance
oovery Of tho penalty. Eight such actions are
now pending in tho courts of Kings county. ono
S SSan now Tes saS points poF sh q. S WSich e t4a AplRssls are F FiSse
BY the company, and it is estimated on the basis
Der Of passengers who received transfers for tho
year ending June 80. 1897. was IS, 200, 900. as
f FSr the y tsG'e ending Jn SSsH 80. f 1858, P esoss fs5':
100000 cash passengers wero carried and near.
y y "a ~ o 90 600 transfcrs given; an an increase Of
passengers for the year 1897.
In the absence OF any evidence that facilities
are not now offered which enable u passenger
to obtain a continuous ride between any two
points on the connecting lines on the Metro
Politan Street Railway. or that there Is any VIC,
lation Of sections % and l0l Of the Railroad
law in the refusal of the company to give trans.
fers at the points named In the complaint, and
in view Of the conclusion of the board that the
enforcement of the provisions Of section LOTT
the provisions OF that section are violated-can
best be obtained under the penalty clause of
said section. and the fact that a number Of cases
are now pending In tho courts. the board is of
tho opinion that the complainants arc not en-
titled to relief. The complaint Is dismissed