Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1912-12-04
T0TTENV|LLE FERRYB0AT UNABLE
TO CROSS SOUND IN DENSE FOG
UTILITY BOARD
HEAR CITY CASE
Cops, Must Use Tickets To
Ride Pending Decision.

Any Perth Amboy policeman,
whether in civilian clothes or in uni
form, can now ride free Of charge
on trolleys in the city and it seems
but a matter of two weeks when the
Public Utility Commission will
render decision compelling the
Public Service Railway Company TO
continually give free transportation
to policemen without the use of tic
kets. Until such a decision is rem
dered, members of the police force
will use tickets furnished by the
traction company. l.. D. H. Gilmour,
counsel for the company, informed
Chief OF Police Burke during the
hearing before the Public Utility
Commission at Trenton yesterday,
that tickets would be given SO that
all policemen in the city should ride
free.
A question of the city's right to
have It's police officers ride free un-
ance, under which the Public Service
concern is operating It's cars here,
was argued before the utility COM
missioners In the State House yester-
day. Joseph e. Stricken and Chief
Of Police Burke appeared in the In
terests OF the city and Mr.. Gilmour
represented the Public Service Rail-
way Company.
The Public Utility Commission
heard both sides and reserved decis-
ion for time, probably until the
court of errors has passed on the ap-
peal of the Public Service upon the
supreme courts decision on the Jer-
sey City case of last spring, In which
the constitutionality of the 1912 law,
to permit policemen to ride free
when on duty, was questioned. Mr.
Gilmour seemed to spar for time for
his client. He tried to connect the
city's case with that now before the
court of errors, but Mr.. Stricken. as
counsel for the city of Perth Amboy,
insisted that they were not similar,
as the Jersey City case was upon the
constitutionality Of an act, while
Perth Amboy was seeking to have
terms of its franchise ordinance c'-
served. In the Jersey City 2
Judge James Butler, of that greg,
convicted Patrick Sutton and John
Mohn, two trolley inspectors of as
sault AID battery. Supreme Court
Judge Buffers decision and the Pub
court of errors.
Chief of Police Burke went on
the witness stand before the Public
Utility Commission and gave instan-
ces to prove that a policeman was
always on duty whether in civilian
clothes or in uniform. He told Of
stopping to arrest drunk one Sun
day while on the way to church with
his family, and said he would prefer
charges against any OF his officers
who would not stop at any time to
perform the duties Of policeman
when it became necessary. Mr..
Stricken offered copies Of the fran
chise ordinance, originally granting
rights to the Raritan Traction Com
pany 1t provides that all policemen
shall ride free OF charge.
One of the points involved In the
city's case, was the right of the leg
islature to pass acts which would OBJ
| literate contracts between municipal
tiles and individuals or corporations,
such as the one made between the
city and the Raritan Traction Com
pany, its heirs, lessees, assigns, etc.
Mr.. Stricken says the Public Utility
Commission has decided that such
contracts wherein the officers bene-
flied can be of service to the party
contracting with a municipality, are
binding. Such would be the case in
this instance and it is therefore only
natural to suppose that the terms of
the agreement will be held in force.
The city contends the Public Service
Corporation is profting by fulfill
ment of terms of the franchise which
benefits it, and wants all the provis-
ions in force so that it may secure
all that is due under the original
contract.