New-York tribune., 1906-08-16
COMPROMISE ACCEPTED
Mayer Promises to Push Acti0n TO
Settle Question.

compromise was reached yesterday between
the Brooklyn Rapid Transit Company and the
city officials Acting Mayor McGowan suggested
the issuance of a rebate check. something like
the rebate guarantee given by the gas COM
panies, payment to be contingent upon the de-
csion of the courts. This was accepted by Vice
President and General Manager Calderwood. and
will be put in force ali Couey Island lines to-
morrow.
Late last night Borough President Coers
counsel Stephen c. Baldwin. received reply
by telegraph from Attorney General Mayer at
Malone in answer TO his request that the Attor-
ney General take steps to reach a speedy de-
cision as to the legality of the ten-cent fare.
Mr., Mayors telegram said;
have tried to reach you by telephone. VIII
act as you suggest on Joint petition of President
of the Borough Of Brooklyn and president of
the Brooklyn Heights Railroad Company If pro-
ceedings will lie. Please wire rurther instruc-
tons.
Both Mr Coler ana his counsel were greatly
delighted with this assurance and sent the fol-
lowing reply Immediately:
Railroad company asks me to agree upon case
to secure speedy decision concerning it. have
suggested that we agree to mandamus on your
application with right to them to appeal as the
quickest way TO settle the question VIII have
their answer and wire you tomorrow.
BY some the rebate compromise and Justice
Gaynor's views the double fare were taken as
Of little Significance 1t was said that they would
have effect toward stopping the riots>and dis
orders. But the general opinion seemed 10 be.
however that the violence would cease as soon
as the effect of Justice Gayrors opinions and the
compromise could be understood by the public
At conference after the acceptance Of the
compromise between the railroad officials and
Mr. MCGOWAN, AZ the offices of Parker Sheehan
& Hatch. of counsel for the road. the Acting
Mayor insisted that the Court of Appeals be
named as the couN of last resort, instead of the
United States Supreme Court, for which the rail
road counsel held out. The Acting Mayor won
his point.
According to the agreement. this contract will
be printed on the back of each rebate check
RECEIPT FOR FARE-NoT TRANSFER
ABLE.
Received from bearer the Of five (5l cents
fare for carriage over its lines
If it shall be finally determined by the Court of
Appeals of the State IF New York that this rail
road company had not the legal right TO demand
and receive such fare. the said sum of five 60
cents will he returned I" the passenger by this
BROOKLYN. QUEENS 60. & SUBURBAN
RAILROAD GO.
BY G d MeneeIy. Secretav., and Treasurer
The Brooklyn, Queens County & Suburban
Railroad Company is one of the subsidiary COM
panies of the &. r. T.. and the question was
raised yesterday whether the suit oeIng in the
I
would not invalidate the agreement When this
point was pat 10 tire officers OF the company
they said that different names might be put on
ether rebate checks, that perhaps they would
put the names of all the different component
companies Any intention of avoiding the issue
was denied
stephen &. Baldwin. who has assisted Borough
President Cocr IN the effort 10 obtain nve-
cent fare. said that lac understood that the re-
ceipts given for the extra fare would be issued
by all the subsidiary lines OF the Brooklyn Rapid
Transit entering Coney Island. When asked
/ why the Brooklyn Rapid Transit did not sign
/ the receipt he said that holding company it
! might not do SO, but that the Brooklyn Heights
Railroad Company. the lessee Of ell the lines
where trouble mas occurred. the responsible
1 signer. The question arose over whether a re-
ceipt signed by the Brooklyn. Queens County
and Suburban Railroad Company was not a
dodge the part of the Brooklyn Rapid Tran