BROOKLYN CAR DISPUTE.

Dominion, Volume 6, Issue 1696, 12 March 1913, Page 6

BROOKLYN CAR DISPUTE.

ARGUMENT IS COUHT, Tho case in which Horace Jury is charged by the Tramways Department for fail' ing to leave <1 Brooklyn tram when, ordered to do so by (he conductor, was coii(inued at 'tho Magistrate's Court yesterday before Mr. W. G. Riddell, S.M. Jlr. O'Lcary appeared for the defendant Jury, and M.r, O'Sliea represented tho Tramways Department. Mr. O'Leary recalled the witness John Curry, who gave evidence to tho effect that the person who was previously stated to have got out of the compartment in which tho defendant was in when return, in;; to Manners Street got out of a differ- • ent compirtment. Addressing the Court, Mr. O'LcaTy said that, the evidence given on behalf of his client went to show that there wcro only ten persons in the compartment in which ' the defendant was when the conductor ordered him out. He had called several witnesses, who supported that. This caso shewed that the by-law had been forcibly applied by Conductor Turner. If his Worship held that tho by-law was reasonable, he would still havo power to dismiss tho case under Section !)2 of tho Justices of the Peace Act, 1908. Counsel contended that either the conductor had mado a mistake or he had unreasonably exercised his discretion. The conductor had-persisted in liis statement that tho car was overcrowded when it was aot so. Mr. O'Shca said that tho by-law wm reasonable in every respect. Tho conductor was entitled to allow only those, who could find seats to Tido on tho car. Ho referred to the' accident which occurred on tho Brooklyn lin<? some time ago, aad said* that tho then Minister for Publio Works (Mr. It. M'Kenzie) had since mado the regulation, in order to conserve tho safety of the public. There was no doubt that the regulation when made caused consternation amongst the residents of Brooklyn. It was also stipulated by tho Publio Works Department that thero should bo at least 1G inches of space for each passengei>—that only allowed four persons on ■each scat. In the interests of tho publio . the corporation had invested the conductor with the discretionary power. Tho oonductor lcuew that. Tho traffic on the BrookT>;i and .Wadestown lines could not lie carried out if such discretionary powe? wcro not left to the conductor. ■ His Worship reserved decision.