The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1903-08-07
EKG CESS RES. !,
AIS Are Declared Unlawful by the, State:
tts Supreme Court.
AN IMPORTANTLY TiDECrsION.iS
Arc Not Allowed Hero:
Il alberto Collect the Twotnty- is
1l's flys ,2s'' Gents Excess On :. &
"a ilil 4 Cash Fares. I: }.,,, q

Railroad companies have no right
to, charge excess fares OF persons who
get on the trains without tickets
where they canbe obtained. Such is the:
decision Of the State supreme court in
a case which attracted much: atten-
tion. So important was the case con-.
stdered to be that the supreme court.
called the judges Of the circuit court to
sit upon the cast.
Railroads are accustomed to charge
passengers 25 cents when passengers
fail to get tickets. It is objection
able to railroads for conductors to re-
ceiye cash fares. and for that reason
the Is cents excess Is charged, but
rebate check is given and the rs cents
refunded to the passenger by the
agent OF the company upon the ar
rival OF the passenger ct destination.
1t Is claimed that the custom Is in
violation of the law limiting the rate
OF rare to cents per mile. This was
one OF the main points in the two
cases heard by the court zen banen
and decided in the opinion filed We'd
neSday. Il
The cases are Duncan against the
Southern, tried before Judge Benet
in Barnmell; and Fulmer against the
Soushern, tried before Special Judge
Izlar at Newberry.
In each case the railroad company
| won, and the losing plaintiff appealed
TO the supreme court. After arsu-
ment In that court 1t was ordered
that the case be reargued before the
court 'en bane'-ce comprised Of the
supreme court justices and seven OF
the eight circuit judges.
The court zen bane" duly assem-
Dled, Judge Waits being retired In
the drawing Of lots. 81
The leading opinion in each case is
delivered by Associate Justice! Gary,
and it is cOncurred in by Chief !.
Justice Pope and judges Aldrich,
Klpgh, Dantzler, Purdy and EE-
nest Gary, the last named filing a I
separate opinion. The conclusion
reached is that under the existing
statute a railroad company is limited
to the rate of passenger fares cents
per mile-fxed in the statute and Z
fthat 1t cannot exceed that rate. ItS
is fGrther bel 9 -tha tisthe 25y cents sexs3
CESS :1ar .iBsc dfg g ,'s5sH n0EWl hSCandITE
the agreement Of the abroad, III ssifss
rebate check, y to refund the sum to i
the holder OF the check. Judge Err
nest Gary holds that the railroad
company may excluue from its pas
Senger car any person not provided
with a ticket, but having permitted
such a person not provided with
ticket, to become passenger with
out ticket, the excess charge is un-
lawful.
The dissenting opinion is written
by Associate Justice Jones and con-
Cured in by Associate Justice Woods,
Judge Townsend and Judge Gary. 1t
holds that as the passenger paying the
l25 cents excess, because he has not
procured ticket may get back that
sum by presenting his rebate checkn
to the company's agent, there is no
extra charge but simply reasonable
regulation Of the railroad company in
the management Of Its passenger busl-
ness.
In each case the judgement of the
circuit court Is reversed and the case
sent back for a new trial.
In the Fulmer case the plaintiff was
represented by Messrs. Johnstone and
Welch and the company by Mr.. B. L.
Abney and Mr.. Thomas P. Cothran.
In the Duncan case Messrs. Davis and
Best and MIR. John s. Reynolds repre-
sented the plaintiff, while Mr. B. T..
Abney and MIR. J. w. Barnwell ap-
psarcd for the company. The State.