Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-04-22
To PAY FARES To
AVOID HOLO-UPs

Until the Supreme Court has passed
upon the constitutionality OF the new
law which makes 1t mandatory upon
the trolley companies to grant free
transportation to police of1cers IN
! plainclothes, no attempt will be made
by the local detectives to ride free. The
public will benefit to the extent that 1t
will not be subjected TO the frequent
DELAYS which occurred during the past
few days when cars were held at a
standstiIl, in many instances as long as
twenty minutes, while the conductors
! and detectives argued he matter on
the rear platforms. In declaring this
truce the detectives were prompted by
the desire to prevent the public, which
is in no way responsible for the present
state of affairs, from being inconveni-
enced in n way.
The matter will be brought to the at
tention Of the higher court through
certiorari proceedings or an appeal
from the decision Of the Jersey CITY
police court which will consider the
cases of four conductors who were ar
rested for refusing TO grant free pas
sage to police officers tomorrow morn
ing. Both sides have reached an agree
ment to carry the matter to the high
court at once so that a speedy settle
men might be made. Just what will be
done in the case of Stationmaster Will
lam Boutilette, who was the only n
arrested in this city and who viii be
arraigned in the Fourth Precinct Police
Court on Thursday morning, is not
known. In all probability it will also be
carried to the higher courts.
The Public Service Corporation "is-
sued a statement this morning to the
effect that its legal department would
do everything possible to bring the
matter to a speedy settlement. The
demand of the Police Board for passes
for the plainclothesmen was refused, it
is said, after General Counsel Frank
Bergen had given it as his opinion that
the law was invalid and that it vio-
lated sections of both the State and
Federal constitutions. He says fur
ther that a like law passed by the
New York Legislature was later de-
clared by the courts to be unconstitu-
tional.
Captain Samuel Brown. of the Sixth
precinct, who caused the arrest of
BoutiIette. after the latter had elected
him from a car for the non-payment
of fare, was very outspoken in his
criticism of the stand taken by the
Public Service when interviewed by a
Star reporter today. In refusing to
recognize the law the captain declared
that the traction company believes it
self bigger than the State.
"The law was passed by the Legisla-
ture and signed by the Governor" he
continued, "and until the courts have
decided whether or not 1t is constitu-
tlona1 the Public Service should GER
tainly be compelled to live up to IT..
There are plenty Of other ways in
which this matter could be brought to
the attention of the courts than the
methods employed by the trolley com
pany in making everybody suffer, by
delays, because it is of the opinion that
the law will not stand"
lieutenant James Meehan, Of the de-
tective bureau, who has the matter in
charge for the police, declared today
that their next move would depend up
on the action Of the courts In the mat
ter. Until hat time, he said. everyone
in plainclothes would pay his fare. so
as not to cause any delays in traffic.