New-York tribune., 1919-08-08
Underwood Found
Guilty; To Appeal
To Higher Court
Counsel Argues Rule Com
pelling Passengers to go
off Ferry Boat at End of
Each Trip Is Not Valid

Frederick D. Underwood. president
of the Erie Railroad, was found guilty
yesterday in the magistrates court at
New Brighton, Staten Island, of dis
orderly conduct on a Staten Island
ferry boat last Saturday. Sentence
was suspended. Through his counsel
Stanchfeld & Levy, Mr.. Underwood
announced he would appeal. He an
nounced also that he would take steps
to enjoin the city authorities from en-
forcing the rule requiring all Staten
Island ferry passengers to disembark at
the end of each trip.
1t was to test this rule that Mr.
Underwood submitted to arrest rather
than leave the ferry boat Brooklyn on
its arrival at st. George last Saturday.
When the boat docked at the Staten
Island terminal the Eries chief kept
his seat, rendered a ticket good for
trans portation to South Brooklyn, and
announced his determination to stay on
the boat until it reached the New York
side.
II am going through with this case
to the end" said Mr.. Underwood yes
terday. 81 propose to establish
whether ticket calling for trans
portation to any given point is good for
such transportation or whether it must
first be baptized and put through a
chemical bath before it can be used.
Objected to 960-Foot Walk
~ stayed on that boat because it was
public ferry on which I was entitled
to ride by virtue Of the possession of
ticket. | wanted to go to New York,
IL I. - e L.
to New York. ! was told that | would
( have to walk $50 feet around dock
before my ticket would be accepted. I
believe ferry users having tickets
should not be required to undertake
I excursions around the docks at each
ferry terminal. The ferry management
should provide means to handle its
tickets on the boats.
"The claim that the ferries are so
crowded by pleasure excursionists that,
if the rule against the acceptance of
Staten Islanders would not have a
chance to ride on them is sheer non
sense. | know the ferry business and
that it is not So
81 will endeavor, through counsel, to
show that insistence upon legal rights
does not constitute disorderly conduct
| | also expect to take steps to enjoin
the city from enforcing a rule which
has no validity and causes discomfort
and inconvenience to thousands of
ferry users. | have hundreds of let
ters, and more are coming every day,
in which my stand is upheld by citi
zens who have suffered as q result of
this unreasonable rule"
Denies Rule is Valid
In stating the case for the defence
Mr.. Underwood's counsel said the rule
in question is not valid, for the reason
that it was put into effect by the De-
partment of Plants and Structures
without the approval of the Board of
! Estimate and without having been
printed in "The City Record" The
defence filed certificate from Peter
j. Scully, City Clerk, stating that an
examination of the records of his Office
failed to reveal any amendment to the
original rules governing the ferry ser
wee.
Mr. Underwood did not take the
! stand. He appeared in court in a black
silk suit and soft silk hat, smiled at
Policeman Cohen, who arrested him
last Saturday, and took q seat at the
counsel table Michael Milligan tes-
tilted that he had asked Mr. Underwood
to leave the boat, but that the railroad
man had refused, saying:
Here is my ticket, good for a trip
on this boat"
Milligan said he had called Quarter
master John j. Silva, who in turn
summoned Patrolman Cohen.