New-York tribune., 1906-07-07
CAR AHEAD FIGHT FUTILE
No Redress for Passengers
amend Ordinance.

The experience Of passengers on an Eighth avenue
surface Thursday night, when they came in
contact with the "car ahead nuisance. has drawn
renewed attention to the ineflciency Of the Ordi-
governing it. Rather more than four years
ago there was great public outcry about the mat
ter. and. as result. the Board Of Aldermen passed
an ordinance, which read:
Be it ordained by the Board OF Aldermen OF the
city of New York as follows:
Section Every car owned, operated, managed or
the streets Or highways Of the city Of New York
shall shall carry car VI ITS route on 59e 90 ouSlGe N
a signbOard or Dlacard. upon which shall appear
such company must carry for single fare upon
such car. without change therefrom. each and
sired by him upon said cars route in the direction
latiOn of the ordinance there shall be recoverable
against the company so offending penalty OF $780,
in action to be brought in the name Of the city
Sec. 2-Ths ordinance shall not apply to a trans
fer made to a connecting line going in a different
direction from that in which such may be gOing
with the ordinance is rendered Impossible
Under this ordinance a number Of prosecutions
were instituted by the city. In nearly every in
stance the railroad company won. It was the
little Joker at the end OF section that did IT,
Almost invariably the company would plead that
an accident had happened that rendered it i'm
possible for them to keep the implied contract
with the passenger.
Assistant Corporation Counsel Herman StIefeI
head Of the Bureau for the Collection OF Penalties
who has tried many of these cases himself said
yesterday:
1t is next to impossible to beat the company in an
action based on this ordinance All they have 70
90 is to show to the satisfaction of the court that
there was an accident on the line or that some
thing was wrong with the car, pleading that the
car was taken off that the convenience of a
large number OF the public might not be affected
and they get a verdict. All that the passengers
know on the particular car who feel aggrieved at
the order to take the one ahead Is what is hap
pening in their immediate neighDorhood. Perhaps
something wrong has happened elsewhere that
can't tell, but the officials of the road hold the
whip hand because IT is hard for them to prove
an exception such as is provided for in section 2
OF the ordinance Until the ordinance Is amended
or until state law is passed covering the matter
there is little redress.
According to Mr.. Stefel. action at law lies for
damages; nothing can be done except for the city
to sue the company in the Municipal Court under
the city ordinance. and If a verdict is secured
against the road the city gets the money. That is
another reason why the company can do much as
It likes he said 'Tt is hard to find man who
will give up his time go court, when he knows
that he will not profit cent"
NJ. NJ. Ballin, of the firm of w. B. BaIn & Co.
of No. 517 Broadway, who took the lead in the re-
volt against the company Thursday said yes
terday that the matter in the hands Of
lawyer, but it had not yet been decided Just what
action would be taken. 1T that we were
very seriously incOnvenienced,' said Mr.. Baln,
but we wish to fight for the principle Of the
thing"