New-York tribune., 1907-01-09
MR. COLER DISSATISFIED.
WW Continue to Fight Other Con-
tested Points 7eith B. r. Il.

The decision of the Court of Appeals sustain
ing the 10-cent fare may not be the end OF the
controversy between Borough President Coler
and the Brooklyn Rapid Transit Company. Mr..
Coler does not consider the question of
fares the most important of the differences be-
tween himself and the company.
With the company operating under the old
steam railroad franchises. the city is handi-
capped. according to Mr.. Coler, in opening roads.
Without obtaining the consent OF the company
the city neither pave the streets where the
roads run cut roads across the tracks
Another right he wants is to have the company
place its rails level with the surface. not
to interfere with the traffic.
Both Mr.. Coer and his attorney. Stephen c.
Baldwin. were greatly disappointed with the
decision.
The company is bound to come TO the five
cent fare in time" remarked the Borough Pres
ident 1T will be to its interest, 1t will
he TO its interest TO make possible the cutting
through of roads"
There much rejoicing among the officials
of the company. 1t IS estimated that there
about million rebate checks in existence, all
OF which might have been redeemed at five cents
each II the decision had been against the COM
pany. That item would have the COM
pany SJ0000-although it is likely that the
jority OF the rebate slips have been lost. while
many persons have refused to be bothered with
them.
The popular trouble the double fares
began in the summer of 1904, when many riots
occurred.
The recurrence of the riots began August
II Of last year. On that day. Justice Gaynor
freed DR. Thomas J. MacFarlane, who had been
arrested on July "a for refusing pay his
ond fare when returning from Coney Island on
the Culver route. Justice Gaynor rested his
decision on decision of the Appellate Division
in the case of Luke OReilly against the Brook
lyn Rapid Transit, handed down in June. 1904
that the company must give any passenger a
continuous ride any of it's own or leased
street railway lines I'm any city. under the
statute.
The Brooklyn Rapid Transit Company was not
a party to this action, and no court order was
directed To IL Therefore, Justice Gaynor
himself explained. after the rioting began the
company was not bound by this view Of the law
Nevertheless, following the decision thousanos
focked from Manhattan to take advantage OF
the reduced rate which II widely heralded
the company was bound TO accept
Riots occurred all the lines. Passen-
gers were dubbed and the police aoetted the
special officers although instructed by Deputy
Police Commissioner OKeeffe to see that Jus
tee Gaynor's decision was enforced
One rlotorman who Is still at liberty. hurled
his car into company or young women walk,
ing the trestle across Coney Island Creek. and
killed Miss Fannie Sabrinsky. of No. ll3 Bel
mont street
Borough President Coer appeared on the
scene of of the riots, with Mrs Coler' aho
Urged the passengers refuse TO pay second
fares.
The ,nobs continued 10 riot until August H.
when at the suggestion Of President McGowsn
Of lhe Board Of Aldermen, the company pegah
Issuing rebate checks.
Mr Coier and his counsel. Mr. Baldwin.
agreed with the company means OF bring
Ing the case TO the Court of Appeals.