New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-20
MUST GIVE TRANSFERS.
Decision of appellate Term in Inter
urban T1oenty-third-st. Case.

Inc decision rendered by Justice Tierney. OF
elie MUNICIPAL Court In the case of Richard
Oplan against the Interurban Street Railway
company, in which he held that the company
was NOT liable TO penalties for refusing to give a
'iahSier 10 Topham at Broadway and Twenty
was reversed by the Appellate Term
Yesterday The decision written by Justice
fieeoilan' says the Judgment of the lower court
was enormously placed. on the ground that the
provisions of Section 1O4 Of the Railroad law did
NOT apply to the defendant Therefore, 1t is re-
Serseu ana new trial is granted The railway
company receives leave to appeal TO the APP
pellate Division
'us'ce freedman says Topham's action was
Oased on the provisions of Section 1O4 of the
iNdliroad law, and that even if he had ridden
A'i tie purpose or obtaining penalty he
entitled 10 recover If the defendant was legally
oouhd TO transfer him. THE fact that there
was another route embraced within the de-
| 1ehdants system over which the plaintiff might
on each occasion have travelled for single fare
can make no difference" says Justice Freedman
ana the fact that the giving of transfers at the
point In question might cause undue crowding
In the street and at the crossings is 10 excuse
Ior not giving them, unless sanctioned by legis-
lative action"
Inc decision continues in part:
The true construction OF Section 1o4 there
! an
nj other corporations within this State which
nIie FORMED under some other than the Railroad
Wltnln this State; and that it applies leases as
Ing transfers for single fare shall apply only to
such raliroads as are wholly within the limits of
ature intended Section 1Oi to apply TO ali street
under % without regard to the law
OF thelr incorporation. appears by the amendments
winch fn Were made by the laws of 1893 and 1895.
Under the true construction of Section I04. as
above stated. the Metropolitan Street Railway
lease IN question; and the defendant (the Inter
accept it, except upon the condition imposed by
visions Of the law both the said Metropolitan to E
street Railway Company and it's constituent com.
e sh9 Rf al Ts law and waived the Prvss in re-
prior The Dy 6a1% ON s
face says that 1t was made under the Railroad
which executed the consolidation agreement Of
May l8 1884 and to the second Metropolitan Street
also to the companies which executed the con-
the present Metropolitan Street Railway Company
formed by the agreement last referred to.
James s. Lehmaier. chairman of the executive
and laws committee of the Transit Reform Com
| mittee Of One Hundred. said in regard to the
finding:
I regard this decision the most important that
State on the question of the rights of the public.
ceived from the municipality franchises Of i'm
mense value, and which finally have been COM
PEELED in q most important respect to obey their
| obligations 60 the community. The decision just
rendered reverses Justice Tierney In every re-
spect and decides that every person who is refused
free transfer at the interSeCtiug points OF the
| Interurban Company may collect penalty.
Ii may be pointed out that the Inevitable re-
suits OF the Appellate Terms decision. unless the
| Interurban Company Immediately gives transfers
/ VIII be undoubtedly 10 longest the calendars OF
our lower courts. because it is TO be expected that
| countless suits Will be brought against the com
pany at once. and doubtless against other rail-
road companies. similarly interested in other sec
/ tons OF the State
| There Is under consideration IN the Court OF Ap
| peals the application for a peremptOry writ o.
/ mandamuS against the Interurean company, tC
! compel IT TO issue transfers. This writ was de
| MED in the lower courts the ground that the re
latOr, who was private citizen. could not act II
behalf OF the public II the Court of Appeals re
/ verses the decision of the lower courts the Inter
urban will, OF be compelled TO issue trans
fers. and in that way the threatened COngested con
/ ditOn OF the court calendars will be obviated.