The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-08-05
EXCESS FARES.
Are Declared Unlawful by the State
Supreme Court.
AN IMPORTANT DECISION.
Conductors Are Not Allowed Here
after to Collect the Twenty
five Cents Excess on
Cash Fares.

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
case which attracted much atten-
tion. So important was the case con-
sidered 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 10 get tickets. It is objection
able to railroads for conductors to re-
ceive cash fares, and for that reason
the 25 cents excess is charged, buta
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 at destination.
1t is claimed that the custom is in
violation of the law limiting the rate
Of fare to cents per mile. This was
one Of the main points in the two
cases heard By the court zen bane''s
and decided in the opinion. fled We'd
nesday.
The cases are Duncan against the
Southern, tried before Judge Benet
in Barnwel; and Fulmer against the;
Soushern, tried before Special Judge
1zlar at Newberry.
In each case the railroad company
won, and the losing plaintiff appealed
to the supreme court. After argu-S
ment in that court it was ordered:
that the case be reargued before the
court zen bane''- comprised Of the
supreme court justices and seven Of. !.
the eight circuit judges. =
The court en- bane" duly assem-
bled, Judge Watts being retired IN
the drawing of lots.
The leading opinion in each case is
delivered by Associate Justice Gary,
and it is concurred in by Chief
Justice Pope and Judges Aldrich,
'Klugh, Dantzler, Purdy and Err
nest Gary, the last named fling a.:
separate opinion. The conclusion
reached is that under the existing
statute a railroad company is limited
to the rate of passenger fare-3 cents
per mile-fXed in the statute and
that it cannot exceed that rate. IT:
is further held that the Is cents e3-s
cess fare is charge" notwiths
the agreement OF the railroad, IN its;
rebate check" to refund the sum to-
the holder of the check. Judge Er-s
nest Gary holds that the railroad.
company may exclude from its pas
senger car any person not provided
with ticket, but having permitted
such a person not provided with a
ticket. to become a passenger with
out a ticket, the excess charge is un-.
laWfal.
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
rs cents excess, because he has not
procured a ticket may get back that
sum by presenting his rebate cheek
to the company's agent, there is no
extra charge but simply reasonable
regulation of the railroad company in
the management Of its passenger busf-
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 2. Cothran.
In the Duncan case Messrs. Davis and
Best and MIR. John S. Reynolds repre-
sented the plaintiff, while Mr.. B. T..
Abney and MI. J. W. Barnwel ap-
peared for the company.-The State.