ORDERED OFF.

Dominion, Volume 6, Issue 1704, 22 March 1913, Page 6

ORDERED OFF.

BROOKLYN CAR TEST CASE.

'THE DECISION. - v .' ' ' IN FAVOUR OF CONDUCTOR, Tlio case in which a conductor ordered a passenger named Horaco Jury off a , Brooklyn oar, tad tho attitude of tram hands in regard, to this section of tho car routes, has. attracted a good deal of attontion'latelyi and tho magistrate's decision in tho caj;e was awaited with some interest. This uecision' was given by Mr. W. G. Ri<Jdell,'S.M., on Thursday. Tho charge preferred against tho passenger' was that he committed- a breach of tho Tramway By-lajw by declining to quit tho ' car when ordered to do so by tho conductor. In the conductor's opinion tho car was < over-crowded at the time. The magistrate, after stating the elementary facts of the case, went on to say that it appeared that the defendant had been willing flo leavo tho car rather than put tho other passengers to inconvenience, but had been urged by tho passengers in tho same compartment to resist the demand of the conductor. Evidence as to tho actual number of passengers inside- the compartment at the time was very conilicting. Two conductors and a motorrqan asserted thah there were originally eleven persons in tho compartment when the car was at AVovdsworth Street, and that ono left at ithe Brunswick Hotel. On the other hand,- several reputable persons Who were either in defendant's compartment or in other psirts of the car, were equally positive thai'; there were only ten passengers in the qompartment when tho conductor ordered (lcfendant off, and that this number was jaever exceeded. What tho nctual number -really was it was impossible' to say, but,it was clear that defendant was asked to; leave the car because (in tho opinion the conductor) it did not provide seating accommodation for all persons in tho compartment, and so was "full" irrespective of defendant. When the car was passed by tho Public Works Department,' tho City Council was notified that it might''bo used for public traffic on the condition that, when running over the Brooklyn and Wadcstdwn routes, no v more passengers -were carried than there was seating accommodation for. This condition had been imposed in"order to ensure as far as possible tho safety of tho travelling public. The compartment allowed comfortable. seating accommodation for four- persons on each side. The size of passengers was a variable quantity, and " the exact number which could bo seated in each com,/partment must necessarily bo left to the • discretion of the conductors. Tho by-law must be re'ad in conjunction with the condition imposed by the Public Works Department as tu seating accommodation Jin cars on the Brooklyn line, and that \must, his Worship "thought, be held to Aiean "reasonably comfortable seating accommodation," and not -uncomfortable seating accommodation. His Worship was noc prepared to say .'that the by-law in Sues'tion was unseasonable or that the escretion left by the council to the conductors in'chargo of cars on the Brooklyn line was so great as to to unreasonable. In t'inclusion," his Worship said that as tho defendant had aoted honestly in the belief' that he was properly seated, his conduct should bo considered in imposing a' penalty, which must follow conviction,. Defendant would bo convicted but asi the case was in the nature of a test cai;e, a nominal penalty of Is. only would !bo imposed.

. UNION'S NOTICE HOISTED, v. , , A'notice Containing tho text of d resolution. passed; at a meeting of tho Tramways Union has been posted up in the men's room at thd .Tramway Office. Following is the text of the resolution: "That conductors qn the Brooklyn line be requested to oarry. l only -as .many: passengers .as seating accommodation is, provided for." 1 So far as -oan be learned, the notice was not authorised by the Tramway Management, and the Mayor stated at the last meeting of tho City Council thai ho had no knowledge/of it. It is understood that the men are following out;jtho instruction of the Union," 1 '