Evening journal., 1911-11-18
FIGHTS FOR
STRIP TICKETS
Mr.. Hastings Says Federal
Court Should Leave QueS-
tiOn to State
COMMISSIONS ORDER
IS NOT CONFISCATORY

Following closing Of argument be-
fore Judge Edward G. Bradford in
United States Court early this after
noon by Herbert II. Ward, represent
ing the Wilmington and Philadelphia
Traction Company against the Public
Utilities Commission on the question
of strip tickets, City Solicitor Daniel
o. Hastings representing the Com
mission, presented his argument in
brief TO the court and then open oral
argument.
In opening his argument City So
licitor Hastings said the first ques-
tion was one of jurisdiction. As 20
the point made by Mr Ward relative
to the proceedings below and the
records made below making it impos-
sible to take an appeal, Mr.. Hastings
said it was no excuse as Superior
Court had said they would hear the
case on the records and they would
make additional rules II necessary.
The brief of the defendants sub
mitted by Mr. Hastings summarized
are as follows
/. The complainants cannot MAIN
tain an equity suit in the Federal
Courts against the defendants until
the complainants have taken an ap-
peal from the order made by the de-
PENDANTS as provided for in the
statute which gives the defendants
jurisdiction over the subject mat
ter.
2. The conduct of the defendants
upon the hearing of the said com
plant was regular and proper, and
neither the conduct of said Board nor
the rules made by the Superior Court
of the State OF Delaware constitute
sufficient excuse to the said complain
ants for not appealing from the or
der made.
3. The following words, to wit
land the said company shall not al
any time be allowed to charge a
greater amount than 5 cents for any
one fare or ticket or ride in their cars
through the said city" found in the
charters Of two of the complainants
do not constitute such a contract be-
tween the state aud the two said COM
plainants that will be impaired by
the enforcement Of the order com
planned Of.
4. II it should be held that the pro-
visions relative to rates, found in the
charters Of two of the complainants
constituted a contract, the power was
nevertheless reserved in the state to
revoke such a privilege without re-
voking the whole charter.
8. If the words i'm these charters
relative to the rates Of fare consti.
tute an irrevocable contract and priv
ilege the companies waived all their
rights therein by amending their
charters under the general corporation
, law OF the state Of Delaware.
6. The lessee company, agains
whom the order was made Is incor
porated under the general corporation
law, which law becomes a part Of IL
, charter, and it cannot get by leas
special legislative privileges whicl
would be inconsistent with the Law
under which il was created.
Z. II the language used in thes'
charters relative TO the rates OF far
constitutes a contract, such contract
are in the nature Of exemptions o
special privileges which are persona
and cannot be transferred
a s. The lessor companies had no au
e thority to lease their railway lines,
4 9. A charter cannot be granted un
b der the general corporation laws o
= the State Of Delaware with authorit'
to operate by lease railways in thii
q State belonging to other corporations
p TO- Whether the act creating the de
g fendant board with power TO regulate
rates is a delegation Of legislative an
thority unauthorized by and contrarl
to the provisions Of the Constitution
Of the State of Delaware. is not
{ federal question and a decision upol
: that point should be left to the Stat
c Courts.
f IL. The act creating the defendan
d board and giving it the power to regu
r late rates is not an unauthorized dele
d cation of legislative authority.
v 12 II does not appear from th
# facts before the court that the rat
S fixed in the order complained Of
= an unreasonable rate and confiscator
e in its nature.
AT the close Mr. Hastings quote
Il the case Of Prentis VS.. Atlantic Coas
> Line Company in the Supreme Cour
before Justice Holmes. This cas-,
Mr.. Hastings stated. was similar I
the present case. At this point Judg
Bradford thought it best to take re
cess until 2.30. when the case wa
resumed.