Evening journal., 1911-11-17
STRIP TICKET
ISSUE NOW UP
Mr.. Ward for TraCtiOn Com
pany Opens Argument
in Federal Court
JUDGE BRADFORD
WANTS TO HEAR FULLY

Argument was begun before Judge
e. G. Bradford in United States Court
this morning upon the application Of
the Wilmington and Philadelphia
Traction Company for a preliminary
injunction to restrain the Board OF
Public Utlity Commissioners from
enforcing its order upon the Traction
Company. for the restoration to sale
OF six for a quarter tickets.
Yesterday was devoted to reading
afiidavits in the case. and this morn
ing Herbert H. Ward, OF Ward, Gray
and Neary, representing the Traction
Company, opened his argument. Mr..
Neary. OF counsel also was in court.
City Solicitor Hastings and Assistant
City Solicitor Lynn. represented the
Utility Board. President Henry M.
Taylor and c. b. Bacher. Of the Util-
ity Commission. Thomas f. Bayard,.
L. Irving Handy and Henry r.
lsaacs. lawyers, were amoug those ,
IN court during the day.
In opening his argument Mr.. Ward
outlined the principles OF law enter
ing into the application for andcH
granting of preliminary injunctions rs
His understanding was that the COM. !.
plainant must show a real cause fora
action, for the court to determine. and =
also must establish probable right on'f'
the part OF the complainant. a danger,y
OF that right and the probability that
upon hearing the complainant Will .
be successful. Mr.. Ward also said II :
must be shown that the Complainant.
would suffer irreparable injury by en.S
forcement of the order made n basis. p
for the injunction proceedings. Tha,e q
court balances between the results
arising from a granting or refusal OF
the temporary injunction. Mr.. Ward
said.
Quotes Authorities.
He then began the reading OF de-
cisions and authorities bearing upon
the points OF the strip ticket litiga-
ton. particularly his contention that
the Public Utility Board did not make
a thorough examination and invests
cation before making its order npolI
the Traction Company. Mr. Ward
urged that II the Utility Board law
. gives the Board the right 70 fix.
without examination or Investigation
any rate IL chooses, then such law
is unconstitutional.
SO far as requiring a bond in this
case, Mr.. Ward submitted that Il
should be unnecessary to require a
bond from the Traction Company to
reimburse the public in event of the
company losing. In response 20
Judge Bradford's question as to the
basis for requiring pond, Mr.. Ward
said he would be at a loss Just how
70 determine a bond. as there is no
individual loss by the defendants
pending. Taking up the question OF
a bond sufficient TO cover the 500 a
day penalty or injury that might
accrue, Mr.. Ward said the company ia
a responsible company doing business
IN the city. Another question waa
whether the company should OF
should not be required 10 restore the
sale Of tickets during the pendency
of the suit. in order to avoid the pos
sibility OF innumerable suits against
the company by persons applying for
strip tickets and 10 whom they were
not sold.
Judge Bradford remarked that the
argument OF Mr. Ward as to the prin-
ciple Of granting preliminary injunc-
tions was established. If the sequence
Of testimony raises a question. Judge
Bradford said, the court would ball
ance the harship that might be inn
posed by the refusal or granting of an
injunction. He said that if Mr.. Ward
was right in his contention in behalf
Of the company, no injustice would be
done If Mr.. Ward was wrong, the
people have lost five-sixths of a cent
on each fare-that is those people who
could afford to get the six tickets at
time The judge said he didn't seq
very well how the people could get
that back, as 1t would be gone One
question the Judge said, was how
i far do the Utility Commissioners rep
resent the people. assuming they are
right, and another question, on the
other side would be. how far would
the Traction Company be injured
Court Makes Inquiries.
Judge Bradford said a point upon
which he would like TO hear full argil-
ment was that OF how far the Trac-
tion Company was bound to take it's
case before coming into the United
States Court. The judge said he
thought it might be as essential ques-
Continued on Second Page.)