Evening journal., 1911-08-15
SAYS UTILITY
BOARD CAN ACT
Solicitor Hastings Gives Opln-
ion That Board Has Powers
as to Fares
UP TO COMPANY
TO MAKE DEFENSE

Members of the Public Utilities
Commission will meet this afternoon
at the City Hall. when a formal COM
plant will be presented against the
action of the Wilmington and Phila-
delphia Traction Company in abolish
ing six for a quarter tickets. The
Commission will confer With City
Solicitor Hastings as to its duties and
jurisdiction.
City Solicitor Hastings said at noon
that at the conference he would give
his opinion that the Utilities Commits
i, sion has right under the sw Great
,, ing it to investigate and examine com
plants as to rates charged by any pub
lie utility in the city of Wilmington,
and to make orders and Recommended
tions as TO such rates.
Il am not going into the legal
question that might be involved
in the defense said Mr.. Hastings.
1t would be up to the public utility
to present a defense of its attitude, or
to contest the action of the Commits
sion if it were so disposed"
Mr.. Hastings said bis opinion would
only apply to tliear ma facie powers
of the commission, and not as TO
other questions or points until such
should arise
Complaint Filed.
John S Hamilton this morning
wrote and sent to Hermon B. Bothum,
the Mayors secretary, who also is
secretary Of the Public Utilities Com
mission, formal protest and COM
plant against the abolition of strip
tickets. Mr.. Bothum VIII hand the
complaint to the commission this af-
ternoon. It is the only complaint
filed thus far. Whether any has been
received by individual members Of the
board will not be known until this
afternoon.
That the Wilmington City Railway,
under whose franchise the Whining
ton and Philadelphia Traction Com
pany operates, has a right in its
charter to charge a fiat fare of FIVE
cents cash in Wilmington, is the de-
fense of the Traction Company should
it be necessary to go that far in de-
Tending its action before the Public
Utilities Commission or in the courts.
Five Cent Fare Clause.
An amendment TO the charter of the
Wilmington City Railway Company,
passed by the Legislature at Dover on
March 26, 1891. being in Volume 10,
Chapter 1877, Laws Of Delaware, reads
as follows:
The said company shall not at any
time be allowed to charge a greater
amount than five cents for any one
fare OF ticket or ride in their cars
through the said city"
An amendment to the charter of the
Front and Union Streets Railway
Company, passed by the Legislature,
April 8. 1891, contains the same pro-
vision as to five cent fare as in the
City Railway Company's charter as
amended.
1t is claimed by the Traction Com
pany officials that this charter right
cannot be taken from the company
and that an attempt to restore the six
for a quarter tickets would be con-
trary to the charter right allowing a
five cent cash fare to he charged.
Many persons are still showing their
resentment of the withdrawal of strip
tickets by walking instead of riding
on the cars While public feeling has
been greatly aroused, it is singular
that but one complaint had been filed
with the secretary of the Public Utili-
ties Commission up to early this af-
ternoon.
The directors of the Board of Trade
will have their monthly meeting this
afternoon and the fare increase may
be discussed Informally, President O.
c. Purdy said he did not know Of any
intention for the board to take formal
action in the matter.