New-York tribune., 1906-08-16
GAYNOR GIVES VIEWS.
Discusses His Decision on the
Ha6eds Corpus Case.

Justice William J. Gaynor of the Supreme Court
at his country home Deepwes, ST. James,
Long Island discussed yesterday his recent de-
cison in the MacFarlane case in which he ex-
pressed the opinion that the Brooklyn Rapid
Transit Railroad Company legally could charge
only a fve-cent fare to Coney Island
This interview was granted with reluctance to
The Brooklyn Eagle" in which 1t appeared last
nieht The most important point made by Jus
tice Gaynor was his advice to the public regard
ing the payment of the second fare. His advice
to Coney Island passengers the Brooklyn
Rapid Transit was to pay the two fares rather
than resort to violence.
From Justice Gaynors comment it was gem
orally inferred that in his view the Brooklyn
Rapid Transit Company is taking remarkable
not to cay hlghhanded-view of the law and its
rights under it; yet the justice COunsels forbear-
ance To most persons concerned to whom the
interview was shown yesterday there was dis
position take certain portions of the Justices
counsel a rebuke to the attitude OF Borough
President Bird g. Coler
When approached for an opinion of the recent
attitude and actions of the corporation. Justice
Gaynor refused to say anything for publication
1t was not until it had been urged that the en-
tire community affected and that the condi-
tion exceptional. that the justice broke his
rule never to discuss judicial decision made by
him. Then he said:
had to decide on the writ of habeas corpus.
which every justice OF the Supreme Court is
bound TO grant, under a severe penalty for re-
fusing. whether ten cents or FIVE cents was the
lawful fare. That was the exact point-whether
a who openly refused to pay second fare
of five cents and argued with the conductor in
the presence Of passengers that ne was not
obliged to. thereby committed breach of the
peace act of public disorder in Il public
conveyance, which Is a criminal offence.
CONSIDERED 1T THREE WEEKS
I held the matter under anxious consideration
for three weeks. and was bound TO decide accord
ing to my conviction 10 what the law was
under the statute and the judicial decisions.
I would not have been fit to live. let alone sit
in judgment, if had weakly decided otherwise.
or evaded, for fear OF consequences or to curry
the favor Of any set Of men, however powerful.
But you ask What should a who is
coney island for day Of rest do; pay the
double fare sooner than have violence, refuse
20 pay t? answer that would pay il sooner
than have any violence. however I'LL ] could at
ford H. and advise every one TO do the same.
God is patient and we must be patient. This
little life OF ours is no time for violence IL il can
be avoided. Violence is never lawful until all
other means have failed. Everything comes
right in time. even though slowly. This dispute
! acts Of violence, is nothing IL has boen
! occurring every summer for several years.
/ Application made TO the Attorney General
/ OF The state bring the necessary proceeding
/ 10 settle it, and which no one but he can bring.
/ brt II remains undecided or ignored to this day
| Such control OF public officials by powerful indi-
! viduals is scandal. This does not refer TO the
present Attorney General. For seven or more
/ long years This company also persisted in re-
fusfng TO give transfers 20 the public the
statute required. leading To repeated acts of Vio-
! lencr II ignored all the decisions of judge and
courts until f1Eally the matter got 10 the Court
| of Appeals a. Albany. AAd .ts hnal decision mad
! to be obeyed.
Il must not be forgotten, however, that the
railroad company was not party to the case be-
fore E7c, and that makes difference in respsc:
of how far il is bound by my decision. IL mus:
also be borne in mind that that decision is OF
only one Judge 'and one OF the least of his
brethren ln time bench Of judges will CON
slider the question, and may decide Il differently
have no pride of opinion about Il: can only
| act according To my best lights Two months
ago in a matter submitted 10 me as arbitrator
1 in my private capacity, / decided against foul
/ thousand men strike. and sent them back
20 work. Some Of them may have thought
/ erred. but they did not abuse me nor hire law
/ yeIs to falsify my decision They had a sens
| Of decency aud knew | did the right as | saw
| H. The public viii show patience and decencS
in this matter however little Of either ths
Continued second