Evening journal., 1911-08-22
Order Trolley TO Defend Strip Ticket Withdrawal

Continued from First Page)
the commission Desired to go into the
subject was a matter Of the comis-
sions own determination. How far
such commissions can go is a mooted
question in many states, Mr.. Crosby
said. Whether questions would be
answered would depend upon their
nature he said.
Mr.. Vance asked for the company
to produce the various franchises
under which It is operating. After
the Commissioners had conferred they
decided to go into an executive ses-
sion to map out their procedure. The
Commissioners, Mr.. Hastings and Mr..
Lynn retired 70 the Mayors Office for
a conference of about fifteen minutes.
Has Right to Remand Reason.
After the conference, Mr.. Hastings
announced that he had advised the
Board that, regardless of whatever
the charter rights may be. It has
right to make an order upon the COM
pany to restore the sale Of tickets un-
less the company chooses to make
defense on the merits of the case at
this time. In other words, the Com
mission should make out prima
facie case. and the company could put
I'm its defense on its merits II u
chose. II Il did not choose, Mr.
Hastings said in his judgment the
Commission could make an order
upon the company to do certain
things.
"Do understand the Commission
do not consider the charter" asked
Mr.. Neary.
Absolutely not" replied Mr.. Hast
ings "If there Is one chance Of up
holding this law think the Commits
sion should take that chance" Mr.,
Hastings said he did not feel he
should be called upon TO determine
the legal questions that mignt be
raised
Mr.. Neary after a conference with
Mr.. Crosby and Mr.. Scott asked by
what rules or principles we're tile
company to be governed I'm presenting
a defense.
Mr.. Taylor said the information desir-
ed was as to what would give you a
fair return on your investment in the
city OF Wilmington The company, he
thought, should furnish q financial
statement as to its Investment, capt.
tai. bond issue, operating expenses
value Of powerhouses, the Commits
sion to assist Il In determining what
would be fail rate to give the COM
pany a reasonable return.
Mr. Neary asked II Mr., Hastings adj
vised that anything that might be IN
the charter be disregarded by the
Commission In 80 ni~i''.r nc e. es-
ton before it, and Mr. H..stings said
he would advise that the charter
rights be taken into consideration.
President Crosby then Launched
into a long speech az to charter
rights of corporations. He said char
ter rights we're a contract that could
not be taken away lie asked II il
would be comDsrcnt for him to sng-
gest that for 80 years no dividend
was paid by companies operating
street railways IN Wilmington. HI
asked II it was competent TO sugges
that the company Is required to d.
street paving and to ask that It b.
. allowed to pave but one foot instea'
= Of three feet along side the tracks
Shall we obtain from this board a
Z order TO determine that the wages re
recently increased are too high, Nj
= Crosby asked. Shall we obtain froi
!, this board an order that action of Nh
y board OF directors OF the company !
- placing new cars in town was error
enous and they should be removed
. Shall we turn everything over to III
= board? 1--WE are sailing on an M
= charted sea-" said Mr.. Crosby.
Mr.. Crosby pointed out that n
y company is required by its charter
" do paving and had never evoded g
~ order to do It. lie said that only r
y. Gently the company had obeyed Il
Aehest of the company to lay heavi
,e rails on Front street, at the static
i when he. n practical railway man, b
lieved the rails ordered to be la
- were too heavy.
F. Mr.. Crosby asked II the Board wou
r, take into account the years of
ID dividends, the hundreds OF thousan
of dollars of wasted money represer
~ IN MEMoRIkM.