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Show I I TRAMP Mm FROM EVANSIDN ! P TO OGDEN IN HE III OF A ! 11, P. LOCOMOTIVE TENDER II' Question: If a tramp, riding the ' tender, falls into the. tank and "swims j" around" until discovered by the con- 1 ductor, is he subject to the payment I! of a fare? Is so, why? I -: That's the intricate problem which j i, will bo presented to Judge George p. , t V Barker in mvniclpal court tomorrow ! morning. Here are the circumstances 1 Mi Joe Jackson, veteran tramp, .boarded j ; No. G, Union Pacific passenger, at La - y Evanston, Wyo., 74 miles north, for a j F ride to Ogden. lie climbed to the back V,!j of the tender and, by reason of a mis- ' Y j Tu step, fell into the interior. He was 1 I found there by the fireman, who noll- ' f'ed the conductor upon arrival at Og- I i fi den at 4:30 yesterday afternoon. The f conductor, being a thrifty sort of era- j jis ploye, and somewhat facetious, took i official cognizance of the waler- i ' 1 ,j soaked condition of Jackson and in- , ' sistcd that ho pay the regular $2.40 , A ' railroad fare. ' I " "Why pay railroad fare?" inquired , , t) Jackson, also facetious. 'Why do I r I f owe the Union Pacific anything?" t "You rode down here on a Union j Y; Pacific train, didxjt you?" persisted ( the conductor, determined to continue I i"' i j f; the argument. "This Is a passenger ( train and all who ride must pay." I ' 1 'jh "But, you simp, I didn't ride," ro- i , 5J torted Jackson. 'Throw your Ras- f j putin orbs upon my habiliments and observe for yourself. The water's deep in that tank I swam down; J 'didn't ride." Spectators grinned outloud and the conductor became angry at this line of argument. He appealed to Depot Master S. II. Tracy, who, in turn, appealed ap-pealed to Sergt. O. H. Mohlman of the police department, and 'Jackson was placed under arrest Because it is immaterial to Jackson Jack-son whether he is in Ogden or any rdace else, ho promised to stay in the city until his case Is called and was released from custody. Jackson's defense will be that he did not ride but swam from Evanston to Ogden as a result of an accident which landed him in the inside of the engine's tender. Because he swam, he did not ride, and in consequence ho could not "have stolen a ride" from the Union Pacific. The Union Pacific, it is understood, will introduce testimony testi-mony showing that the water in the tank was only four feet deep and Jackson could have ridden had he preferred riding to swimming. Jackson Jack-son will plead in rebuttal to the testimony testi-mony relative to the depth of the water in the thank that the railroad company should furnish their patrons with the accurate depths of the water, as not knowing but that the water was deep enough to drown him, he kept on swimming. |