Evening journal., 1911-10-13
NO HALT YET in
STRIP TICKETS
Traction Company Files Bill
in Court, Injunction Not
Issued
REQUIRES FORMAL MOTION
FOR RESTRAINING ORDER

No restraining order has yet been
issued in United States Court against
the Board of Public Utility Commis-
sioners in the strip ticket case. Coun-
sci for the Wilmington and Philadei-
phia Traction Company, which yes
terday filed a bill in equity in United
States Court, praying for a perpetual
injunction and an order to restrain
the Public Utility Board from enforc-
ing it's order for six for a quarter
tickets, have not yet appeared in that
court to make formal motion for the
court to issue a preliminary injunc-
ton.
The action of the company yester-
day was merely to file the bill, there
being nothing as yet before the court.
Subpoenas were issued by the clerk
of court on the defendants, which are
returnable on November D. Mean
while the 165-page bill is to be pre-
sented to Judge Bradford for reading
by him.
The company can go before the
court at any time and offer a motion
for the court to issue a preliminary
/ injunction. This, it was said by
counsel Of the company today, may
not be done for day or two at least.
Ward, Gray and Neary, counsel for
the company, had no statement to
make today regarding the case.
When an EVENING JOURNAL re-
porter called upon City Solicitor Hast
ings today TO ask his plans and the
procedure the Utility Board would
/ likely take he said: Il have been
served with copy Of the bill I'm equity
and exhibits The printed book con-
/ tains 165 pages so il will require some
time TO read the same. Following the
I perusal of the bill II is but natural tc
suppose that the Public Utility Com.
/ missioners viii need some advice and
Information Consequently there vii
! be a conference. Until that time there
is nothing TO say or give out for pub
lication. When such a conference Is
held a plan of action will be outlined
Just at present ! do not know that
any injunction or temporary restrain
ing order has been granted
Whether the Utility Commission will
attempt to collect from the Traction
| Company the penalty for failure to
restore strip tickets by bringing an
action in Superior Court will be one
of the questions to be decided by the
Commission and City Solicitor Hast
ings at the special meeting soon to be
held. Until the Federal Court should
issue a restraining order 1t cannot be
known whether it would apply to the
extent of preventing the Utility Board
carrying the strip ticket case tc
Superior Court in a manner provided
for by the statute creating the Utility
Commission. Should a restraining
order 90 that far it would bring con-
fiict between the State and Federal
Courts,
While counsel for the Traction Com
pany will not divulge its plans, some
persons today expressed a belief that
the Traction Company might not make
formal motion for an order re-
straining the Utility Board until the
Board brings action in Superior Court
Should the case be kept in the Fed
eral Court it would be necessary fol
the city TO provide money for City
Solicitor Hastings to fight it through
that court, and it is expected that City
Council will be asked to provide tC
conduct the litigation. On the
streets today many persons expressed
desire for City Solicitor Hasting tC
prosecute the Utility Boards side o.
the case to the finish and he has beer
generally commended for his handling
Of the case.