Perth Amboy evening news., 1911-05-27
CITY ATTORNEY
ARGUES CASE
Makes Strong Plea Before
Public Utilities Commits
sion, Newark Yesterday.
NO DECISION Is GIVEN
Contends that Police and
Firsmen Are Entitled to
Free Trolley Service.

City Attorney G. c. Hommann was
among representatives of municipali-
ties before the Public Utilities Com
missioners in session in the Newark
court house yesterday making strong
pleas for the allowing of policemen
and firemen to ride on trolley lines
throughout the state free of charge.
Assemblyman Charles M. Egan,
father of the public utilities law,
appeared for the State Patrolmens S
Benevolent Association and declared
that there was nothing in the law he
had fostered which prohibited free
rides to policemen and firemen. The
commission, after asking that briefs
be submitted with particular atten-
tion being paid to a definition of the
term "public Official" took the mat
ter under adyisement
Mr.. Hommann's Contention.
Mr.. Hommann openly contended
that the term "official'' in the latest
Public Utilities Act should not be
construed to mean policemen and
firemen, but mayor, aldermen, physi-
clan, poundkeeper, etc. This Is also
in accordance with the city charter
in Perth Amboy, which terms the
mayor and aldermen and like officers
public officials, but does not rate
policemen and flremen as such. In
the city attorneys opinion tiremen
and policemen are but employees and
therefore should not be classified as
officials.
The Public Utilities Act is known
as Chapter 1875 of the lows of 1911.
Mr.. Hommann holds that 1t must be
construed In connection with q SINH
lar act known as Chapter II of the
laws of 1910. He declares the acts
are on the same matter and must be
construed together and the new act
cannot properly be implied as re-
peal Of the law approved March IA q,
which construes to express what the
legislators had In mind when they
spoke of Officials and under that
construction policemen, flremen and
county detectives can be carried free
Mr.. Hommann declared that the sec
tion of the act providing for a penalty
for violation, makes the statute penal
one and In that case it must be strict
ly construed and so the term officialn
can only be implied In such construc-
tion to man who holds public office,
and what are public officers Is defined
men and fremen. They are mere en-
ployes of the city and not 90 foficials -
Strain Construction of Act.
Mr.. Hommann said it was only by
strain construction of the act that it
can be held to abrogate our contract
with the Public Service concern. He
said that had the legislature intended
this act to affect existing@a contracts
made in good faith and proved with
consideration, it would undoubtedly
have used appropriate words to indicate
the purposes. The city attorney con-
tinued that it was the general practice
for street railroad companies before the
Public Utilities act Of 1910 went into
effect to give passes to mayors, alder
men, freeholders and officers of like
character, and it was this undoubtedly
that the legislature wished prevented,
and it was that class of officials that
they had in mind when they worded
the act as they did.
P. 8. q. Counsel Replies.
For the Public Service Frank Ber-
gen general counsel for that corporation
declared that his company would have
been glad to continue the issuing of
passes to policemen and fremen, but
that in his opinion the new law express
ly prohibited the same. He also said
that his company had no part in the
passage Of that part of the act, which,
he considered, contained the prohibiting
Of the passes A point that the members
of the police and fire departments were
not public officials and, therefore, did
not come under that section of the
act was made, it being held that they
were merely employees.
The word "officials appears in part
&c" of the Public Utilities act in the
clause reading as follows: "Hereaf-
ter give grant or bestow upon any To-
cal, municipal or county official any dis
criminate gratuity or free service, what.
soever."
Decision is Awaited.
The present issuance of tickets to
school children at reduced rates as or
dered by the commission some time ago,
pending a decision of the Supreme
Court, was ordered continued until
June 4. The decision in the matter
hinges on whether the Interpretation
of the new law by the general counsel
of the Public Service was proper one,
he having held that such reduced rates
would come under the ''unjust diserim-
inationo clause.
AnTIllln niIHAn lislRr