New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-07-04

force can recover not only the penalty. but
such damages for their suffering as a jury may
award The company has not leg to stand on
since the decision OF the Appellate Division IN
my case.
The Brooklyn Rapid Transit Company has a
fighting chance on the second fare proposition.
Their cars run over a section Of track which Is
owned by steam railroad company, and under
state charter can charge any Fare up to thIee
cents mile The Brooklyn Rapid Transit
leases this road from company which is COM
posed almost entirely Of Transit company stock
holders. In other words. the TWO companies are
practically Identical. and / am not sure that the
courts VIII not hold the lease a suhterfuge-
am going 10 test this matter in the courts short
~ would advise Rapid Transit passengers 70
pay under protest. but 50 far as the Coney Isl
ard and Brooklyn line Is concerned they should
refuse 40 pay absolutely"
4 number of lawyers had agents at the EJECT
ing stations yesterday giving cards 70 those VINO
were thrown Off They explained the law. az
they understood II, and urged those thrown OFT
10 hiring suit. though On most cases little urging
was necessary 4 feature of The f9re riots wa
the way in which other passengers handed their
cards 20 those who put mp a fight and offered 10
he their witnesses. While not willing 10 have a
tussle with the company themselves. they were
more than willing to help those who were.
AS to the stand which the Smth-st. line is
taking, IN view Of the recent court decision,
there was much speculation Yesterday. 4 Trib-
une reporter talked with John J.. Helms, presl-
dent az the Coney Island and Brooklyn road,
81 his home Al Babylon, Long Island. last night.
Ne have 2 chartered right from the State TO
charge two fares on the Smith-st- line, said
President Helms We will continue to do 40
wlen please. The decision OF the Appellate
Court does not affect rs. y second fare VIII he
charged tomorrow II is a holiday. On Tues
day he regular five cent fare win be charged"
L do not know what has got iGto the public,
said Manager smith, of the Coney Island oil
vision az the Brooklyn Rapid Transit yesterday.
NE have never charged less thar ten cents for
the trip 10 the island. Me have legal right To do
50 under the steam line franchises under which
We operate part OF the road. II is a case OF ask
for the second fare once and If Il IS not forth
coming the passenger has got TO come off. We
do not fee- actions which may be brought In the
courts for damages"
Rioting continued 10 a late hour last night.
The police refused To interfere. saying they
would do nothing unless the elected individuals
made comp. Amt Arthur q. Howard. ~ No. 9h
South Ninth-st, was elected from q De kalb-
ave. car. He immediately began 20 urge the
crowd 20 refuse 10 pay fares, and announced his
intention Of leading the hystanders in a raid on
che next Inspector Otto Wunder had him
arrested on the charge Of melting 4 riot How
ard said he Is q real estate agent.
on the same car was Max Frankelstein, Of
No. 30 Orchard-st. Manhattan, notary and
commissioner o. deeds. He and his wife and four
blocks below the point where the second fares
are collected. When asked for another fare he
had only II cents left. The family was elected
az the ParkVille station, and the wife
badly injured that ambulance was called.
The children were left beside the track. Mrs.
Franklyn, Of 40. liz Union-ave. Brooklyn. was
thrown from the car with her escort. James
Goodman OF No. :i1l Metropolitan-ave. and her
dress was nearly torn from her The woman
declares she offered 10 pay the fare when she
was thrown OF.