New-York tribune., 1906-08-14
TIE EQUITABLE !:
TRUST COMPANY
| OF NEW YORK
Fifteen Nassau Street
Couit.I. =. S 100000
Surnlu; nnd Profits. TO- 100000

Gaynor's opinion good enough law. The ex-
justice tried TO convince him that Justice Gaynor
was wrong without success, and then went away
after assurances TO Mr.. O'Keeffe that there
would be no more brutality
While definite action was being taken 10 pro-
tect the public Borough President Coler and
Sheriff Faherty were talking. The Sheriff said
there seemed to be no question but that only
single fare should be collected. He said there
were several special deputy sheriffs badges held
by the Brooklyn Rapid Transit Company. which
he would revoke If he found that the holders
had not been behaving" He said that he had
no money to pay more deputies, and generally
intimated that he would keep out OF the affair
much possible.
Coler began the day by talking TO the re-
pOrters. Then he went over TO Police Headquar-
tiers to talk with the Deputy Commissioner and
Inspector Grant He then returned TO the Bor-
ough Hail. where he had talk with Mr.. Dunno,
Commissioner OF Public Works; Mr.. Adams. the
Borough Secretary, and other of his advisers
Between these he issued statements to the pub
lie. Later he talked with District Attorney
Clarke and Mr.. Baldwin.
SOME OF COLERs HOT SHOT"
Among the pieces OF wisdom and indignation
which issued forth from the Borough Presidents
Office, fell by the wayside as he rushed from
point to another, the following:
THE Brooklyn Rapid Transit is taking posi-
tion against law, order and decency."
THE people entirely warranted in taking
any course 10 secure their rights
''If the question of money is keeping any citi-
zen wrOnged from bringing a suit. 1 will help
him to get his case before the courts
II call upon every good and lawabidng citi-
zen TO aid me in this fight for justice and right,
and to resist TO the uttermost the outrageous
demands OF this greedy corporation"
Brooklyn has suffered too long from the
actions of this soulless corporation. which for
years has had its citizens by the throat. Thanks
to that fearless judge. Supreme Court Justice
William j. GaynOr, we now have judicial Opin-
ion what is the law Let the citizens act
upon it, and act in unison and harmony. and
then no longer will the railroad company have
the power to rob the people Of Brooklyn of hun
dreds Of thousands of dollars every year.
The Borough President also issued statement
giving directions on how TO act when assaulted
by railroad policeman or "bouncer.' This was
followed by advice to the company, including
just what evidence TO gather.
Acting Corporation Counsel James D. Bell Of
Brooklyn, issued a statement in the afternoon.
In his Interpretation Of the law on Coney Island
fares ne says:
The Appellate Division Of this department in
the Barnett case, decided that the Brooklyn
Heights Railroad Company might charge
second fare upon routes which operated
under the franchise Of a steam railroad. Justice
Gaynor has decided that this case is hot an
authority because IL has been practically over
| ruled Dy the Court OF Appeals in the O'ReillY
! transfer cases. Justice GaynOrs decision is the
latest declaration of the law. IL does not make
! the law, but states what, in the opinion of the
Judge, is the law. The railroad company was not
party to the habeas corpus case in which
! Justice GaynOrs decision was rendered In de-
clining to be bound by it, il takes its risk in
/ deavoring TO collect the extra five cents and
! renders itself liable in damages 20 every person
legally injured by such attempt If it is finally
decided that Justice GaynOr's view Of the law Is
/ correct In a word. under Justice Gaynor's de-
! cisiOn il always illegal the aldi-
! tonal cents. and the illegality does not flow
from that decision but from the state of the law.
A LITTLE SYMPATHY FROM VOORHEES,.
The only public Official to be found yesterday
who apparently held any sympathy for the
Brooklyn Rapid Transit was Magistrate Voor-
hees. Without exception, every railroad official
and employe arraigned before him dis
| charged. With the passengers against whom the
railroad men made complaint the case was
different. Carl Hertz, Of No. 62 Littleton street
was charged with assault by Lawrence Fitzger-
aid, inspector No 10055" Hertz was held
under $500 bail for examination to-day He
seemed to think himself lucky not to have been
charged with something greater. Fitzgerald also
was complainant against Herman ]. Schultz, of
No. 1857 4Oth street, Borough Park. He said
that the prisoner had thrown stones at an auto
mobile in which were Dow S. Smith, Arthur E.
Dutton assistant general manager. and Robert
| H Woodey. Of the legal department. Schultz de-
MED II and was parOed until August D. for a
hearing.
Edward Freeland. a conductor, said that
Charles Leah had assaulted him. Leah denied it,
but admitted that he naQ refused 10 pay q Sec
ond fare. Leah was held in $500 10 appear
| September j.
Fitzgerald under arrest for obstructing traffic
| at Eighteenth avenue and GraVesend avenue. was
discharged The charge against Dow s. Smith
originally was disordery conduct. but somehow
il got changed into obstructing traffic Said the
ma gistrate he discharged him. The de-
fendand should have been arrested, IL at ALL for
keeping the people from their homes, and not
on the present charge.
Thomas DWyer, the mOtornan who obstructed
| the road by leaving his car at Kensington, was
hos fV1at
| Superintendent Davis adjourned until to-
| day as MIR. Davis had TO answer another charge
| at Coney Island for Obstructing the highway.
Morris Bertin. the conductor who threw up his
badge and his bunch of transfers and was ar
rested by railroad employees. had his ad-
journed. The minor offenders, that is those who
had not fought too vigorously against the man.
handling OF the special police and 'bOuncers, -
were discharged.
In Acting Mayor McGowans mail yesterday
was a long letter from K. II. Miller, secretary
OF Local Assembly No. ,5ts3 OF the knights of
Labor. I'm which the attention of the Acting
Mayor called 10 the action of the police in
the riots. The letter said that the Brooklyn
Rapid Transit Company employed gang OF
professional blacklegs. thugs robbers etc and
women and children off the who refused TO
submit 10 their extortionate demand for sec
Ond fare"
After denouncing the police for their part in
the affair, the knights. through the secretary,
demanded that sthe Police Commissioner issue
orders to arrest all employees of the road who
tried 10 collect a second fare; that the District
Attorney OF Kings County be commanded 20
issue warrants for the arrest of the officers of
the company and that the Sheriff Of Kings
County be requested to assist the police.