The daily morning journal and courier., 1906-08-16
TRANSIT COMPANY IN
 A CONCILIATORY MOOD
ADJUSTMENT OF CONEY ISLAND FARE TROUBLR IN
 SIGHT.

Brooklyn Rapid Transit Adopts Plan
 to Give Rebate to Every Person
 Paying a Ten Cent Fare, Five Cents
 to be Returned to Holder if Court
 of Appeals UphoIds the Decision of
 Justice Gaynor - Latter, Himself,
 Helps in Peace Making.
 New York, Aug. 15.-The troubles of the Brooklyn Rapid Transit company with those of its patrons who since Sunday have acted under an opinion by Supreme Court Justice Gaynor and refused to pay two five-cent fares to Coney Island seem tonight to be near ing an amicable adjustment, and it is expected that by tomorrow or Friday the seashore traffic over the Brooklyn trolley roads will be running under something like normal conditions.
 The company this afternoon adopted a plan, suggested by Acting Mayor Me Gowan, to give a rebate receipt to every person paying ten-cent fare, five cents to be returned to the holder if the court of appeals upholds the de- cision of Justice Gaynor that five cents is the legal fare to Coney Island. If the court should decide that the Brook lyn Rapid Transit is acting within It's rights in charging double fare, how ever, the receipt is to be null and void. The form of the receipt was approved tonight, and hundreds of printers set to work preparing the slips for to-nlor- rows traffic. It is believed the public will accept the receipts in good faith and trust to an adjustment of the mat ter in the courts. It was stated that the company is preparing the papers in a test case to be taken before the court of appeals. This is regarded as an act of conciliation, as the burden or proof has been held to rest with the public. In this connection the company has proposed that the Brooklyn bor- ough president, Bird s. Coler, represent the people in their proceedings and has suggested that word from him will quiet all disturbances.
 Borough President Coler later accept ed the proposition of President Winter, of the Brooklyn Rapid Transit, and suggested that the speediest way in which to adjust the matter is to place all the facts before the state attorney general and request that he take steps ito secure a mandamus compelling the company to run it's cars for a single fiye-cent fare without prejudice to ap- peal. and both parties to abide by the district court of appeals.
 Justice Gaynor himself helped in bringing about a peaceable solution Of the difficulty to-day by giving out an interview in which he advised everyone to pay the double fare rather than to commit acts of violence.
 q had to decide whether the ten cents or five was the lawful fare. l held the matter under consideration for three weeks and was bound to decide according to my convictions, as to what the law was under the statute and the judicial decisions.
 S'I would not have been fit to live, let alone sit in judgment, if had weakly decided otherwise or evaded for fear of consequences, or to curry the favor of any set of men, however powerful.
 "But what should man who IS going alone or with his wife and children to ,Coney Island for day of rest now do nav the double fare sooner than have violence? Violence, or refuse to pay it? answer that would pay 1t sooner than have any violence, however i'll l could afford it, and I advise everyone to do the same"
 The Brooklyn trolley cars were again to-day stopped at the second-fare ooun- dary to avoid disturbances. Passengers had to transfer to the elevated roads and pay the second fare.