Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1913-11-12
MUST PAY FOR
TROLLEY RIDES
Police and Flremsn, Off Duty
Must Pay Fare, According
to Decision.
JUDGE BERGEN'S OPINION
City Can Appeal to Higher
Court if Such Action is
Deemed.
JUDGE BERGEN'S OPINION

Policemen and fremen of this city
must pay for riding on trolley cars
| when not in uniform and not on
| DUTY, according to a decision of the
! supreme court of New Jersey as
| handed down by Justice Bergen. II
Is thereby contended that the state
has the right to waive any contract
which a municipality may have made
contrary to public policy. Thus the
| c1ty's contract with traction COM
| panfes operating here, originally
| made with the Raritan Traction
Company, is nullihed so far as the
clause, which provides that all po-
hcemen and fremen shall ride free
OF charge, Is concerned. The Public
Service Railway Company, which has
peen the prosecutor in this doubly-
Fought case, acknowledged the right
OF uniformed policemen and firemen
to free transportation, but insisted
that when they were not In uniform
such officials should produce tickets
furnished to them by the traction
company. Justice Bergen held that
this regulation was not unreason-
able.
BY this court decision, an order re-
Gently granted by the Board of Pub
lie Utility Commissioners, holding
the contract clause In question to be
valid and In force despite state leg
lslation to the contrary, Is set aside.
The city g fight for transportation
OF it's policemen and fremen was
first brought before the utility COM
missioners. with City Attorney C. C.
Hommann representing the city.
Following the order in favor of the
city the Public Service Railway Com
pany appealed to the supreme court.
The case was fought by Frank Ber-
gen for the transportation company,
and Frank H. Sommer and Joseph
E. Stricken for the city Mr.. Som
mer is counsel for the Board of
Utility Commissioners. 1t was ar
gued at the June term of 1918 be-
fore Justices Swayze, Bergen and
Voorhees,.
Among other. things the opinion of
the court delivered by Justice Ber-
gen set forth that ''this writ was
allowed to review the following or
der made by the Board of Public
| Utilities Commissioners Hereby
| orders the Public Service Railway
Company to comply with the munici-
pal ordinances of the City of Perth
Amboy, requiring said Public Serv-
ice Railway Company to permit all
policemen and paid firemen, while on
duty, to ride on the cars of the
company free of charge, within the
city limits
From the facts not disputed, 1t
appears that the city by ordinance
granted permission to the railway
on nc n 70 tic In tha 30
subject to condition that all po-
licement and paid firemen, while on
duty, shall be permitted to ride on
the cars of the said companies, It's
lessees or assignees, free of all
charge The prosecutor admits
that its franchise or contract con-
tained the condition quoted, and
that 1t was observed until 1t was, as
1t claims, abrogated by the act Of
the legislature creating the Board of
Public Utility Commissioners. 1t
also admits that the company does
not carry policemen free of charge
unless they are in uniform, but
claims it's refusal to carry free re-
lated to policemen not in Uniform
who attempted to ride without the
book or tickets furnished to nom
uniformed detectives. and that it's
rule, that policemen and firemen
should only be carried free when in
uniform, or upon presentation Of
tickets so furnished to non-uniform-
ed detectives, is reasonable and that
1t is entitled to enforce it."
After citing extracts of law, JUS
tice Bergen concludes his opinion as
follows: at seems to me that in
contestably this legislation means
that a public officer to be carried
free must be In uniform, unless he
is acting as detective. There was
nothing before the Board of Public
Utility Commissioners to show that
the acts complained of related to
detectives; on the contrary, the en-
tire contention of Perth Amboy is
that this legislation cannot affect
their contractual relation with the
prosecuting company With this
contention I do not agree, for, as |
have stated. the state has the right
to waive any contract which its agent
has made as contrary to public poll
ley, and having that right, | think
1t has been thoroughly and compile
tely exercised by this legislation. 1t
appears in this case that the prose-
cutor furnished detectives and other !,
officers, who are required to per-
form their duties without uniform.
q book or ticket indicating their
right to free transportation while
in the performance of their public
duties. This think Is perfectly reas-
enable regulation, because the rail-
way company cannot without some
means of Identification, know that
the person is an officer, whose du-
ties require him to act without
uniform, and as to all other officers,
police or otherwise, the law express
ly limits the right of free transport
tation to those who are not only in
uniform, but at the same time in the
performance OF their public duties.
1.-The order under review will be
set aside"
Although the city may, If it de-
sires, carry the case higher TO con-
test the opposition of the Public
Service concern, it appears unlikely
that 1t will be continued to the court
of errors and appeals.