New-York tribune., 1907-01-06
TRACTION ACT VOID.
Judge Carpenter Sustains Demurrer
of Chicago RGlzcays.
rRr Telegraph TO lie Trtsuns.I

Chicago. Jan. 5-In an extended decision
handed down to-day Judge Carpenter OF the
Circuit Court sustained demurrers of the trac-
ton companies. filed to the city's suit for vin-.
lations of the overcrowding of streetcars ana
declared the ordinance void. This means. local
attorneys say that the matter again will have
10 90 before the state Supreme Court One
wear ago the case was taken 10 the Supreme
Court h, the city when Judge Mack issued an :
tniunction restraining the city from carrying on
prosecutions for violations OF the ordinance. The
supreme Court dissolved the injunction and sent
ii back for hearing.
The traction attorneys at once prepared de-
uurrers to the original suit. and arguments
were heard last week. when John j. Serrick.
attorney for the Chicago City Railway Com
nanv. nv agreement. represented the traction
companies. Judge Carpenter heard the argu-
ments and invited Municipal Judge Lantry 10
sir with him. Similar suits pending before
the NunicipaI Court and Judge Carpenter. Jacob
O c,rossberg and Addison Blakely represented
the city.
speaking of that part OF the ordinance re-
ferring to the penalty, Judge Carpenter said;
The determination of whether there has neen
n violation of this provision necessitates Con-
sideration of the total number OF cars 1urnlsnso
oD aacb senarate line In connection with the
average number of patrons Inc soie queS1oIA
Is: Are there sufficient cars III 50, the So-r
mi for the company TO operate any cars
The single OvercrOwded car Goes not coHSti-
tute violation of this ordinance. unless ~ ns
came overCrowded by reason or the 1a1ure OF nc
company to provide enough cars the single
overcrowded car may he evidence OF failure on
the part of the company to observe the law puc
e. is not bv itself a violation OF the law. This
brings us to the penalty. 800 day for each
car operated. and each day OF operation conSei-
The ofrence. as we have stated. involves con-
sideration of the total number OF cars-tne
penalty attaches to each car participating In
the overcrowding process This makes the nne
depend not upon the offence proper. but upon
the extent or quantity of the offence
The object sought TO be attained by the coun-
I'll bv this measure Is most worthy and is 10 BE-
commended. tending. as 1t does, 10 promote pup
lie health and comfort. and lndeeo puDnT;
morals and IL would be the disposition as Wen
as the duty of this court TO uphold thiS orul-
nance il il could be accomplished without DONG
violence to we'll established rules OF law
The law must declare 10 common intent
what the offence is: IL cannot be left 70 the
eccentrcities of the individual or the caprice OF
a jury -
word has no generally accepted legal meaning.
and to the laity il suggests something more tnan
a crowd What is a crowd Streetcar2
Having settled this question. when is a car over
crowded? How can the company know tbs
eral manager might have views on overcrowd--
ing differing widely from those OF the manager
of another line A jury might say tney We're
both wrong. One jury might find that fifty pas-I
sengers constituted OvercrOwding, another
thirty-fve and third twenty-five Clearly the
law REQUIRES some method of expression in en-
acting a prohibition which Will leave no dounc
in the minds of the persons affected as TO wnasf
rule or standard of conduct Is required 1s
Mayor Dunno declined to discuss the ruling
of Judge Carpenter but said that in all proba-g
bility the city would appeal from his decision
Mass meetings are scheduled for severat
nights next week in North and West Side wardns
at which action is to be taken on the traction
question AT a meeting OF the West Irving
Park Improvement Club last night resoluf1ouoI
were adopted asking Mayor Dunno 70 chan9ef
his attitude on the referendum and help TO ~ =
move all obstacles holding back good servtce-3
Another meeting. at which similar acton nay
be taken. Is planned for tonight N 6o4