New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-04-03
Court Upholds
Ten-Cent Fare
On Coney Line
Decision in Favor Of New
York Consolidated After
Officials Had Ruled to
Accept a Nickel Rate
More Raises Predicted
Bill to Insure CONTINUE
ance of Bus Line Is
Reply to Injunction

IL ~ Ill ulICtlOII
The right Of the New York Consoli-
dated Railroad Company to charge two
fve-cent fares to Concy Island was in
dorsed yesterday in the Appellate Term
Of the Supreme Court in Brooklyn,
which upheld the decision of Justice
Neiper in the Municipal Court, permit
ting the company to exact an extra fare.
The decision rendered yesterday by
Justices Clark, Manning and Kelby, con-
stitutes the unusual condition Of a
transit company receiving the right to
charge an extra fare on a line on which
officials of the company have declared
recently they did not care to increase
rates permanently.
When the question arose as to wheth-
err an Increase over the original five
cent rate to Coney Island would be de-
manded permanently an official of the
Consolidated company recently said
that after May l a charge of only one
fare would be made.
officials in Doubt Over Fare
Asked last night concerning the in
t@ention Of the company to take advan-
tage of the court decision and continue
to charge ten cents over the Sea Beach
line, company officials said they did not
know at present.
The ruling is of vital consequence not
only 10 thousands of persons who use
the Coney Island lines daily from New
York and Brooklyn, but might be con-
sidered q barometer, it was said IL
traction circles last night, in the form
ing Of opinion by the public and by
other legal and civic circles in their
handling of cases concerning increased
rates of fares on other lines.
Lewis Nixon, Public Service Commits
s%.oNcr, said last night he would be pre-
pared this morning to make a state
nent with regard to the latest develop
ment on the Sea Beach line, as we'll
as to explain his departments attitude
on the "%stopping of the 1O-ccnt fare
and the putting into effect of the five"
The decision rendered yesterday in
Brooklyn came as a result Of a suit
directed against the Consolidated Com
pany by julius Merksamer, a clothing
manufacturer of 81 East Fourteenth
Street, after he had paid a 10-c,nt fare
in July. 1919. The opinion decided
two points, that Section 50 Of the Penal
Code does not apply TO receivers. and
tudC Viz ScCLIUu WAS lOL NlOldtcu DIV
the company, as there were in reality
two lines, the division point being Ave
nue. Y.
Counsel for the plaintiff now asks
us" the decision reads. 'in spite of his
designation of the action as one to re-
cover a penalty, to regard the action
as one to recover the alleged excess
fare Of five cents.
of the action be so regarded this
appeal brings up for review the con
struction Of a contract made by the
City OF New York and the New York
municipal corporation. This contract
was entered into on TIE 10th day of
March, 1913, and contemplates in gen.
crai terms one rapid transit system
for the carriage Of passengers to be
operated by the lessee for the single
far Of five cents.
Line Linked with Concv
ON contract No. d the word railroad
and the words existing railroads arc
defined at some length. The Public
Service Commission subsequently, an
proved OF the installation Of a connect
ing INK to Coney Island at a point
near Avenue \, and it was ~suDscouentIv
installed and has been in use.
"The Public Service Commissjo, did
suspend construction OF subdivision
@ the Broadway-Fourth Avenue line at
Avenue J, and the railroad has been
va uroad bnl, t'". pony oy a connecting
road 49, aHn oWNcn by the rail
which is nnn of tba we aea ocaGn Inc,
60 tba, tra ~ JA's'lh& railroads.,
''"."1 may DC run over sub
nue yno 9 on -, .mc "o"ay oufth Ave
Reach linz ~ III; tl"c's OF tic Sea
union tarminai q. = y Ui1 company S
"Tho C,,Irn" a. Io"es is'ahn.
and mt w. nn.c mas oceh completed
x bnrt ,bn JpIraa'on as lar as Avenue
did not susnend ;ts crotnst,o oon''n.ssIon
point. Iatelv ,bn uc;loh at that
20 susncnd co,e,r oG,,"''ss'on oeciIdcd
line at Sheenshaad NJ" 'ne NuiVcf
railroad has not ""S no"u, put inc
pletcd to that nojn+ " 'N 'ee" com
"I1ndnr thn fo ".r
fendant has .bo ne,' S'ated the de-
same faro for 'S"' 20 charEe the
railroads ana ov"r Une' .nI .eH,stlnr
tho cy;s1irr "' l"'iIoad and
roads on .Junc IN 1a1D TIou"~ 81