New-York tribune., 1906-08-12
TWO FARE WAR AGAIN.
JUSTICE GAYNOR RULES.
Calls Second Nickel to Coney Island
Illegal Police Reserves Ready.

lyn handed down a decision yesterda declaring
the collecting OF a second fare for ride to
Coney Island illegal. Almost immediatel'' the
Brooklyn Rapid. Transit Company began TO pre-
pare for trouble. which was not long in coming.
Several persons asserted their rights last night
and protested against the payment of a second
nickel. 1t is probable that there will be repe-
tition to-day of the many riots which took place
two years ago following similar decision.
Expecting trouble following Justice GaynOr's
decision. Deputy Police Commissioner OKeefe
sent out orders last night TO the sheepshead
Bay, Parkville and Coney Island police stations
TO hold all men reserve over Sunday. The
Brooklyn Rapid Transit Company evidently ex-
poets vigorous protests against the enforcement
of the 10-cent rate. for last night it placed
on duty large number of special uniformed
policemen. armed with heavy nightstcks
The first person who tried to take advantage
of the most recent decision was Charles Hevv,
who lives at KensingtOn. He boarded at
that place, and when conductor tried TO collect
an extra fare two stations down the line. Hevv
refused to pay it, A special policeman was
called and threatened Heyy with bodily harm
unless he paid the nickel or got off, Hevv ar
gued in vain for some minutes. but finally left
the train There were several other similar
cases, although no one was thrown off
A score or more persons rushed the ticket
and boarded car there last night without pay
ing the extra fare.
In June. 1904 the Appellate Division handed
down a decision in the case of Luke O'Reily
against the Brooklyn Rapid Transit Company
which required all street railways to give any
passenger a continuous ride to his destination
over any of its lines leased lines. On the first
Sunday in July many persons bound for Coney
Island refused to pay the double fare. and
1a---
ing day. July 4, was signalized by several small
riots on the COney Island lines. "Bouncers"
employed by the railway companies added to the
confusion by throwing off ali passengers who re-
fused to pay the extra nickel
Luke O'Reily agreed take all suits. free of
charge, against the companies. He won the
majority OF them. President Winter Of the B.
R. T. issued statement saying that the COM
pany would continue 10 charge 10 cents. which
he considered a reasonable rate. The company
held that the decision did not affect it's road
cording TO the wording of its Coney Island fran
chise, granted to steam lines their own right
of way. The initial charge was % cents
In December of last year Justice Crane, in the
Kings County Court, made similar decision in
suit brought against the company by a man
TO whom a transfer had been refused. The
plaintiff received $50 damages.
The decision yesterday given in the case
Of Or. Thomas j. MacFarlane. who was arrested
by special officer for refusing to pay q second
fare on July "a He was discharged by Justice
Gaynor.
DR.. MacFarlane was a passenger on one of the
elevated trains of the Brooklyn Rapid Transit
Company, and was returning from Coney Island
over the Culver route. AT Twenty-second ave-
nue. the conductor demanded a second fare.
which the physician refused TO pay. John Lani-
gan, special officer. was summoned and DIR.
MacFarlane taken TO the Adams street sta
ton under arrest. Stephen c. Baldwin, attor-
ney for the defendant, obtained writ of habeas
corpus, and later argument was heard the
writ before Justice GaynOr. William F.. Shee-
han appeared for the Brooklyn Rapid Transit
Company. and during the hearing denounced the
officer who made the arrest, saying that he
not authorized by the company to make arrests.
DR.. MacFarlane was released on parole. and de-
cision reserved by Justice Gaynor.
The officials of the company say that they
have received no formal notice of the decision.
Colonel Timothy S. Williams, vice. president of
the Brooklyn Rapid Transit Company, says that
the employees of the company will continue col
lectng two fares to-day and that the company
Will do later its attorneys advise. Much
trouble is expected at points where the second
fare is collected.
Justice Gaynors decision follows:
COInDanieS
and steam railroad companies alike to acquire
troll of other railroads than their own by lease or
other contract. without regard TO whether such
CURED railroads o. street railroads or steam rail-
II. Co, 15I n. Y. 453).
II next provides, however that a street railroad
ride from Cne point tC another its tracks In
any city or village including the tracks of any
railroad so leased or controlled by IL, and that
transfers must he given for that purpose (SectiOnS
lOl and 104D. II does except any road but on
the contrary, includes all roads which may be ac-
quired under the said Section IS. That section and
other sections which / cit fO
be read and construed together. The acquired con-
Meeting railroads referred to in Sections 1Ol and
Section IS. The meaning and application Of the
statute not 20 be restricted 70 acquired roads
CT the same kind, or organized under the act
as the lessee or controlling road. This is
10 dispute since the decisions Of the Court
Of Appeals In the of Griffin and O'Reily t179
n Y. 43S. 45O), If the plain words of the statute
strtcted the statute is authoritative since these
decisions
The charter Of the Brooklyn Heights Railroad
Company therefore permits il TO charge only one
fare for continuous ride its road (which is
only about one-Quarter of mile long,, and all OF
the connecting railroads which it operates and con-
trolls under leases or other contracts.
public service corporation bears relation TO
the suhlic similar to that of public officer. It.
Ike public officer, is in the service of the public
as an agent orr arm of government. and is no more
entitled to exact Il fee a charge in excess OF
that prescribed by law than is public officer. The
fee of public officer may. in given case be small
And. in the same way. II hVe cents be a small fare
for a long distance, IL is also excessive fare
for short distance. and will be found to be large
gether.
The relator could not be guilty Of breach of The
peace In simply diSputing the right Of the con-
right TO refuse to pay H. and is discharged.