THE GLOBE. MONDAY, OCTOBER 4, 1880. THE LATE CHARGE AGAINST HOWARD.

Globe, Volume XXII, Issue 2063, 4 October 1880, Page 2

THE GLOBE. MONDAY, OCTOBER 4, 1880. THE LATE CHARGE AGAINST HOWARD.

It is evident that the Tramway Company are becoming quito a power in the city. Tho public has had more than one instance of the fact lately. Not only have they absolutely overawed the City Council, set the gazetted rules and regulations under which they have almost an exclusive monopoly of the main streets at defiance, but they still continue to do so notwithstanding the publication of the elaborate report of the Tramway Committee. In that report undeniable proofs were given showing conclusively that all along, and with " malice aforethought," the Tramway Company had ridden rough-shod over the conditions of their contract with tho City Council, and for the matter of that over the interests and comfort of the citizens in more ways than one. Tho concessions which the company have secured are favorable enough, to themselves at least, whether it be in the matter of annual payment for their privileges, the width of maintenance of the streets and so forth. Both in Dunedin and in Wellington things were handled in quite a different way by the civic authorities. There the representatives of the ratepayers took trouble to inquire minutely into the merits of the case when applications were made to them for concessions by the local Tramway Companies; and, what is perhaps more to the purpose, they took the usual precautions—precautions .that any ordinary business man would take in looking after his own affairs —to see that thoir contract with the tram officials was honestly fulfilled. There were no constructions of authorised loop lines, of a dozen or so of wilful deviations from the specified line of running, nor a duplicate right given to pieces af ground whereupon cabbies and tramcars officials could exchange unofficial recriminations and through which much expenditure from both sides would flow into the lawyers' pockets and the safes of Judicial Courts. But it would seem as if, not content with compelled to do otherwise —the implied censure which tho report of the Tramway Committee contains in reference to the acts of the company, our tramway friends would assert their power over the city to a still more appalling extent. The Tramway Company, it is evident, have got the ear—and of course the arm—of the police. When the cabstand embroglio at tho railway station took place, tho managing director of the company caused a cabman to be arrested and taken into gaol. The cabman was quite unoffending. He was on his own proclaimed stand. A tramcar came along, trespassing. Mr. J. E. Brown gave tho cabman in charge, and the police at once seized him. Had cabby given Mr. J. E. Brown in charge, the very same reasons of right and of law existed to also make the constable " run in " that gentleman. On the very face of it, and as was easily shown at the Police Court afterwards, the difference of opinion between tho cabman and the tramway manager was one purely of a civil character; a question of title, in fact, if" one may lise tho term in this case, where "possession was nineteen points of the law. But wo now come to the case of Howard, against whom a series of serious criminal charges were heard last Thursday. And this indeed is another similar instance co show how, as |we said before, the power of tho Tramway Company is extending " fast and furious," and in more than one direction. And again the police, not deterred by the results of the Rail-way-cabstand case, came to the front very warmly in the " interests" of the Tramway Company. From the evidence adduced in Court it appears that Howard's horse, a restive one, could not be controlled by Howard at the time when the tramcars were passing through the busy thoroughfare near the City cabstand, and his cab was run into by the cars. Singularly enough the cab did not suffer, but some slightly injury was done to the cars. Within an instant Messrs J. E. Brown, Walton, and Peacock, all well-meaning friends of the Tramway Company, were on the spot, a policeman was hunted for, and Howard given into custody for being "drunk." Off to the lock-up he was hurried, but on arrival both the sergeant in charge and the apprehending constable agreed that the cabman was perfectly sober. However, something had to be done to vindicate the rights of tho Tramway Company, so some kind of offence unknown to the law was hurriedly patched up and entered into the lock-up book, and Howard was duly caged. The proceedings at the trial of the unfortunate cabman wore peculiar. Two charges known to the law were now brought against him, none of «drunkenness of course appearing. And, singular to relate, while the police were tho nominal prosecutors, the solicitor for the Tramway Company who. by-the-by, holds the same post in regard to the City Council—said he appeared to prosecute on behalf of the Company upon one charge only, and that the serious one of "malicious injury to property." No sworn information was before the Court, and everything was in a higgle-piggley shape. Howard, a respectable man, and the proprietor of his cab, had been released on bail tho night of the arrest, and a good deal of presumptive evidonco appears to have been given of his having maliciously exposed his person, his cab, and his horse to a general collapse. The cabbies throughout their so callod contest with the Tramway Company have behaved with a marked degree of moderation. It

is more than we can possibly say of the leading spirits who control the Tramway Company. Howard is a well-known man. The rules of the polico in regard to arresting for offences such as Messrs Walton, Peacock, and Brown charged him with, i.e., drunkenness, are clear. It was one when the constable, seeing that the cabman was sober, should have noted down his name and residence, and reported the matter to his superiors, when, subsequently, the Tramway people could prctaed by criminal summons. If the occupants of any vehicles which might happen to collide with the tramcars, say on our crowded Saturdays, are to be whipped into gaol on the order of a Tram director without any consideration of circumstances, or the slightest attempt at investigating them, then we can only say that nobody will be safe; unless, perhaps, one happens to wear fashionable clothes. And without a doubt the polico is much to blame for their zealous engerness in many cases, such as that of Howard, when, upon more hearsay, they think nothing whatever of depriving a citizen of his liberty. All cabs are licensed and under especial supervision. The man was admittedly sober, and considering with what ease the polico or any one, in fact, can ascertain a cabman's number, which is complete identification, his case is one where the froedom of the subject was grossly interfered with.