New-York tribune., 1906-08-16
COMPROMISE ACCEPTED.
Continued from fret page.

| sootdea AGAINST the company since IL was under
| stood that that line had no terminus in Coney
| Island According TO Mr. Baldwin 1t has
HOW THE COMPROMISE WAS MADE.
Mr. MCGOWAN telephoned concerning the prop
ostion TO Vice President Calderwood early In the
morning, and Mr. Calderwood later calied at the
CITY Hail. He told the acting Mayor that the
scheme appeared 70 be feasible and that the COM
pany deploring disorder. sought only 10 maintain
its rights.
Mr. Calderwood then took the scheme before
the roads counsel There meeting OF the
board Of trustees in the offices of Parker shee-
han q. Hatch in the afternoon, at which Presi-
dent Winter presided. After some discussion
the r,Ian was adopted and then there were DIFF
ferences of opinion the form OF the contract
10 be printed on each rebate check.
William F. Sheehan declared that the coiIl-
by Jones brought O'Leary over the piate' acoie'
pany could take the matter up TO the Supfeine
Court of the United States for final adjudication.
and because of this it would much simplify and
expedite matters TO have that court named MI
MCGOWAN objected to this and won his point
the New York Court of Appeals being inserted
in its place.
WINTER MAKES STATEMENT
President Winter has just returned tFofh
Europe After the board meeting he mace
When the situation is once understood rightly.
as II is getting to be. It will be plain enough
that the Brooklyn Rapid Transit company Is
not only within its rights but that II Is toilOW-
ing the only course possible TO preserve thehi.
In doing this IL has invoked no riot has not
appealed 10 the mob passion, nor promoted Vlo-
lence It has simply done it's best toward con-
tinuing to perform its duty TO the puonc anu
collecting the fare legally and morally attaching
the service rendered. This 1t VIII continue
to do. If violence and unseemly happenings
occur in connection with this. IL is incident TO
a state Of affairs deliberately planned ana ere
ated by few men Who to put II mlluly. .,,ii hTe
lacking in a proper sense of official reSponsloi!-
tty and manifestIy the belongings OF good clt-
Zenship well.
Whether the scent fare to COney island would
be profitable is Just now beside the question.
but u may we'll take this occasion to say, as
transportation man OF many years experience me-
that know the excursion business Woulo not,
and from nearly four years pretty close Stuoy
of the situation l feel qualified to say cannot, be
made to break even a scent fare with any
known means of passenger transportation ABOVE
or below ground.
The Coney Island excursion movement is
business by itself calling for payroll and other
expenses far out of proportion to periods during
which actual movement takes place. II is IN
evidence only four five months of the year.
and then in large volume only few days Of
the week and a few hours out of the twenty
four, varying widely. according to the weather
conditions, which cannot be fOreSeen. II is eS-
sentially One-waY business. Over So per cent
moves one way while empty cars run the other.
Il will continue so. This means double car
vice for very nearly the entire traffic. With
5..cent fare IN effect it would not be question
or building up a profitable business but OF so
handling IL as TO incur the minimum loss.
At the same time Mr. Winter made public
letter which ne had sent to Borough President
Coer asking that he arrange a test case. II
arrangements for such be made. Presi-
dent Winter told Mr.. COler. "it will need but
your voice to quiet all disorder"
The letter follows
The unfortunate relations now existing be-
tween some Of the patrons of the Brooklyn
Heights Railroad and the railroad company
arising out of conditions which involve the right
OF the railroad company TO charge 10-cent
fare to Coney Island, have produced a condition
wherein law has been and may be continuously
violated.
BOUND TO PRESERVE ORDER"
You are the representative head of the Bor-
ough Of Brooklyn within which jurisdiction
operated the lines Of this railroad company. BY
virtue OF It's charter the railroad company is
bound TO transport passengers for the fare which
it is by law entitled to receive, to preserve peace
and order and TO protect the passenger III the
full enjoyment OF his right secured by payment
OF the fare You, upon the other hand.
bound TO conserve the public peace, maintain
law and order. preserve property and secure so
far as lies within your power the safety of
every individual within the borough wherever
he may be-
The dispute respecting the right Of the Brook
iyn Heights Railroad Company 10 charge TO-
cent fare 10 Coney Island must be settled
cordlng TO law and in the form authorized by
law. To accomplish that end you and the rail-
road company are pledged. A failure to OBJ
serve the rules which may settle this question
only incites riot and disorder.
There is now decision Of the Appellate Divi-
sion of the Supreme Court covering the jurisdic-
ton within which the railroad company operates
its railroad, which in terms legalizeS the charge
made by the railroad company. A recent obter
dctum by a justice Of the Supreme Court has
challenged the correctness OF this decision And
II has been made the basis by you to oppose the
course of management in railroad operation and
influences you to interpOse your power and au-
thority between the legalized rate and the pa
irons Of me line. Without argument as to
whether the course adopted by you can be justi-
ned, we pass the point and now propose to you,
IN order that settlement may be had of the
rights Of the travelling public and OF the rail-
road, that case be agreed upon in which you
shall represent the public the railroad company
TO be party thereto and present It to the Ap-
pellate Division This can be easily done We
can prepare and agree upon case which shall
rights Of the public the one hand and of the
railroad upon the other can be made clearly to
appear This being agreed upon, it will need
only your voice to quiet all disorder
REFERS TO THE BARNETT CASE.
Under the decision of the Barnett case as it
now stands, the right of the railroad company
TO charge the 10-cent rate of fare to Conev
Island is upheld. We assume that the same
desire exists upon your part TO procure speedy
decision from the Court of Appeals as exists
upon the part of the railroad company. To that
end we ask that you consent to a formal de-
cision of the question involved based upon the
decision in the Barnett case. and from the order
TO be entered thereon an appeal be immediately
taken to the Court OF Appeals and that court he
asked to advance the case upon its calendar and
hear argument thereon at the earliest possible
day
We stand ready 10 meet you at any moment in
the arrangement of lawful means through which
pupiic .IaquIli,N can Ce restored and the point
in dispute finally adtudicated. We have here
tofore made this proposition to you when the
public mind was less excited than at present and
received no response. The existing cOndition