New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-07-06
TEN CENTS 1T WILL BE.
9" 4 LOW CHARGE" WINIER
Mayor Says Police Haze the SltH0-
ton "WeH an Hand"

their custom. The declaration was made In stdte-
ments given out by both companies yesterday
John. L. Helms. president OF the Coney Island
and Brooklyn Railroad. tells why he believes his
company has right to charge ten cents.
President Winter denies that the inspectors Of
the Brooklyn Rapid Transit Company acted as
brutaiIy Monday reported. He says. IN
part:
I can only restate our position. The fare over
all the lines of this company to Coney Island
except one is ten cents. OF the many thousands
who went to Coney Island yesterday, propapiy
not ignorant of this and comparatively
few of the fact that it is not only a very low
charge for the service rendered. but less than
what the law allows. The exception is with
those who have been Intentionally msled by
irresponsible lawyers and others seeking no.
toriety or pecuniary profit-probably bOth-from
the small rumpus they have succeeded IN rdls-
ing.
As TO the affair of yesterday of which
much is said III the morning papers. l regret
that any had his - her feelings person
injured, but submit that the responsibility does
not rest entirely with this company. 1 glad
TO say, however that the lady in question was
not assaulted by our inspectors; that she was
not struck tr the face or ckoked, and that, &C
cording to the best information l get and
l have looked into ii quite thoroughly. the dis
turbing party of which she was a member, did
It's best to incite a spirit OF riot among the
passengers before reaching the point where
they were invited to alight, and carried out their
prearranged programme as nearly as circum
stances would allow, up to the time when the
leader was arrested IN Coney Island by the city
police.
We have taken every means at our command
10 put the public right on the question Of Coney
Island fare, and most reluctantly resort to force
show of force. in connection with the matter,
but one dime will continue to be the Coney ISL
and rate. and we believe that 90 per cent of the
public know il 10 be a legal as well as an ex-
ceedinSly small charge for the services rca1ered.
Vice-P President Calderwood was at the scene
OF the trouble almost all day Monday Re
garding the alleged treatment Of Mrs. Alexander
Petruch he said yesterday:
did not see the action of the inspector at the
time he is alleged to have Choked the woman al
most into Inconsistencies. | did see his be-
havior up TO that time AMI can fully judge of
the way in which the ejeCtment made and
the attitude IN general OF the inspectors toward
women. The inspector in question is we'll
known to me, and is n thoroughly respectable
and honest empioye.'
The statement OF President Helms regarding
his railroad is in part follows:
The Coney Island and brooklyn Railroad Com
pany was organized in $500. under the general
railroad act Of 1870. 1t has the right 70 charge
= cents in the limits of BROOKLYN the city then
was, and in addition outside the old city limits
10 charge cents mile II was organized I'M
der the law which authorized the organization of
railroads 10 operate by steam power. BY the
law Of 1861 its route outside the limits Of the
City of Brooklyn was located upon the Couey
Island Plank Road. II purchased its right of
way along and through the Coney Island Plank
Road from the Plank Road Company. and later
Il acquired from the fee owners "a fee absolute
simple lltle. Ifat II anne IN" owner OF this
right Of way AZ absolutely as the New-York
Central or the Pennsylvania Railroad owns its
right OF way.
President Helms goes on TO say that his COM
pany did FOR time operate steam dummies
over the Coney Island Plank Road Line. charg-
ing - cents for single fare and retaining
that rate when horse power WAS used again.
IN 1890 the power was changed To electricity
along the route and 30 cents was charged for
a round trip between Fulton Ferry and Coney
Island. Regarding the Jaw on which the recent
decision of the Appellate Division. which has
started all the trouble, is based. President Helms
says:
In 1890 a new railroad law was enacted and.
among other things II was provided that no
corporation constructed ana operating a railroad
under the provisions Of this article or of Chapt4r
- of the Laws of 1854 shall charge any pas
senger more than > cents for one continuous
ride"
The Coney Island ana brooklyn Railroad Com
pany had been operating its railroad twenty
four years when the first and 1-enty-six years
when the second of these laws was enacted and
neither OF them IN any wise affected the right
OF the Coney Island and Brooklyn Railroad to
charge the fare which, under the law OF 1890
the Coney Island and Brooklyn Railroad Com
pany was authorized TO collect
The President then refers to the decision of
the Appellate Division in the McNulty suit
against the Brooklyn Rapid Transit Company.
in which it was established that the latter. on
account Of its steam road franchises could
charge ten cents TO Coney Island. and adds:
My company is advised by its counsel that
the laws have mentioned and this decision OF
the Appellate Division make right perfect
10 collect the fare we are demanding. We
cannot afford to carry our passengers for Il less
fare. We doing more than the law
requires Of US and all that afford do
Luke OReilIy the lawyer who has promised
to take all suits against the companies without
compensation said yesterday that the suits
were piling in so rapidly that he really did not
have any idea how many there were. He added
The suits l am bringing against the Brooklyn
Rapid Transit Company for Coney Island pas
sengers are mostly for assault. In some cases
] shall ask heavy damages, Whether not the
company has Il right to charge ten cents, it
seems very certain to that 1t has not the
right TO hire ruttans to beat and abuse passen-
gers.
In my opinion there is not the slightest
shadow of excuse for the Brooklyn and
Coney Island Railroad to charge ten cents 1t
seems TO the officers of the company must
have been very badly advised.
Mayor Mcclellan talked yesterday with Act
ing Commissioners Farrell. OF the Police Depart
ment about the alleged assaults in connection
with the ejectments and was told that the
situation well in hand"
Mr. Mayor. on general principles. do you
understand that the dicision of intermediate
court like the Appellate Division is the law
pending appeal?" he asked.
Most assuredly." he said. Such "A decision
Is always considered the law, and the parties
at interest usually go ahead acting on that idea
until appeal changes it
Acting upon suggestion the Mayor then
made, several reporters went 10 the Corporation
Counsels office and saw Theodore Connoly, who
was in charge. He said
THE railroad companies have no right to use
undue force. If they have a legal right 10
charge the extra fare (Mr. Connolly emphasized
~ the companies have right to use sufficient
force TO get the party refusing to pay the fare
demanded Off the car, and the police cannot in