New-York tribune., 1906-08-18
FIGHT GOES TO ALBANY.
QUIET ALONG THE b. Il. Z.
Official Mag Go to JasI-CoLer
Makes Charges Winter Denies.

Part of the interest in the fight against the
collection of a 1O-cent fare to Coney Island by
the Brooklyn Rapid Transit Company trans
ferred to Albany yesterday. Borough President
Coler Of Brooklyn went to Albany in company
with his counsel Stephen c. Baldwin, on the
Empire State Express in the morning to consult
with Attorney General Mayer about the best way
OF getting speedy decision of the courts in the
fare contest William F. Sheehan, attorney for
the railroad company, the same train
The double fare to Coney Island was collected
yesterday without trouble. the public apparently
having decided to abide by the decision Of the
courts and follow the advice OF Acting Mayor
MCGOWAN General Manager CaIderwood said
the Brooklyn Rapid Transit company would re-
sumo the running of surface cars TO Coney Island
all lines this morning The rebate ticket
plan will be in operation. and persons who OBJ
tect to the payment of double fare viii receive
the rebate tickets which will be good for rides if
the courts decide double fare to Coney Island
is illegal
In the afternoon at the Lee avenue police
court. williamsburg, Magistrate Higginbotham
announced his intention to commit one Of tho
four officials of the Brooklyn Rapid Transit
Company who were arrested on a charge of in
citing to riot, to Jail without bail when their
counsel offered to waive examination. This un-
expected move by the magistrate took the pris-
oners so by surprise that the counsel immedi-
ately asked for a recess to consider the situa-
ton.
SURPRISE FOR PRISONERS
The four prisoners General Manager Calder
wood, General Superintendent Smith. Division
Superintendent Newbery and Timothy S. Will
Jams, one OF the vice-presidents. were repre-
sented by four lawyers. Of whom was Isaac
r. Orland. In court were Deputy Police Com
missioner O'Keeffe. Inspector Cross and Sheriff
Flaherty who had been summoned as wit
nesses. Assistant District Attorney Smith. who
has charge Of the second fare complaint bureau.
was also in court
When the magistrate called the case Mr.. Or
land said he would waive examination for his
clients, AT this Magistrate Higginbothan an
nounced that as the case was an important one
and should not be delayed. he would have to
hold one Of the prisoners without bail. since
they were charged with a felony. Mr.. Orland
then said he would not waive examination for
the prisoners. but moved that the be
transferred to another court, on the ground that
Magistrate Higginbothan was prejudiced. The
motion was denied. the magistrate stating that
If he did not conduct the case properly the rail-
road company could have him removed from
the bench as it had done in the case Of magis-
trate following the street railroad strikes in
1895. The magistrate then granted a recess to
permit the lawyers and the prisoners time to
consult to what they should do.
When the hearing was resumed Mr.. Orland
told the court that he had been called into the
case only a few hours before, and he moved for
adjournment until ne could become acquaint-
ed with the facts and thus have the prisoners
properly represented. The magistrate con-
sented to this and paroled the officials until
Monday afternoon.
1t IS expected that the prisoners will waive
examination. and that when the magistrate COM
nits OF them to Jail without ball. habeas
corpus papers win be ready and his immediate
release win be obtained.
COLER'S B. R T. OFFER
Borough President COler was reported by '"The
Brooklyn Eagle as saying on his way to AL
bany yesterday that "B. R T. man called on
him soon after he took office at the beginning
Of the year and made the following ''brazen''
proposition to him!
Go easy with US and we will notify you Sc
cretIy and IN advance OF all the improvements
that the B. r T. shall from time TO time have
decided making. Then In your official ca
pacity you issue an order directing US to
make those improvements. Thus, with the pact
kept secret, as, Of course. II must be, you will
get all the popular glory OF having forced the
B. R T. to make big reforms and we-well.
we will only be doing what we had already de-
cided on doing.
Mr.. Coler was quoted as adding;
1t revealed the cheek and arrogance Of the
B. r. T. like a bolt from clear sky. turned
the offer down in manner that I guess the
official will never forget, and how friendly the
3. R 7. and are the public may judge from
the trend OF events since last January.
President Winter Of the Brooklyn Rapid Tran
sit Company said last evening. when his atten-
ton was called to Mr.. Colers alleged attack:
Nr Coer's reported statement Of an atter1Dt
on the part OF b r. 7. man" in January last
to dazzle him with offer Of advance informa-
tton. concerning improvements is certainly start
ling. 1t is also news TO the management
An official of the Brooklyn Rapid Transit Com
pany yesterday called the attention of reporters
TO charge delivered to a jury by Justice Gay
nor in the Supreme Court in Brooklyn on Feb
ruary 16 1904 in the trial Of an action by James
J. Byrnes and Thomas F. Reilly against the
Brooklyn Heights Railroad Company. Byrnes
and Reilly sued for damages because they had
been thrown off for refusing to pay fare.
The stenographer's minutes show that Justice
Gaynor said in part in his charge:
charge you that when they presented these
transfer tickets, il was the duty of the con-
ductor to refuse TO take them That is what
he was there FOR: and 10 invite them TO pay
the fare or else get out and use these transfer
tickets on the that they were applicable to.
If they refused to do that. then the conductor
and the inspector and all hands had a right TO
put them off the If they refused TO go of.
and TO use just as much force as was necessary
TO put them off. That was just exactly the
situation these people were in
GAYNOR ALLOWS FORCE
charge you that they properly and lawfully
put these two men of this car II they refused
TO pay the fare. and I do not understand that
there is any dispute about that There is none
on the evidence that l remember. If they re-
fused TO pay the fare. ii the right OF the
conductor and such help as he summoned, or all