Evening journal., 1911-09-12
EXPECT COMPANY TO SEEK
STAY FROM COURT

day, September ~.
The September term of court be-
gins on the eighteenth day Of this
month, and It is expected that the
railway company will appear in that
tribunal before September 20, to re-
quest stay of the order, which pro-
-vides a penalty Of 800 a day for each
day the company refuses to carry out
the order.
The order follows:
Thomas M. Monaghan vs.. Wilmington
and Philadelphia Traction Company,
a corporation of the state OF Della
ware.
Complaint concerning rates charged:
Whereas, On the eighteenth day Of
August, A. D., 1911, Thomas NJ. Monag-
han filed with the Board OF Public
Utility Commissioners for the city OF
Wilmington a complaint in the follow
ing words and figures, TO wit:
Wilmington, Del, Aug. is, 1911.
'To the Honorable Board OF Public
Utilities.
Gentlemen: / desire to respec-
fully present the following complaint.
The Wilmington and Philadelphia
Traction Company has abolished the
strip tickets (six for twenty-five
cents) and l ask your Commission to
Immediately summon said Company 10
appear and present reasons for this
action. Any proof in support Of this
complaint will be furnished at any
time your Board may appoint.
Very respectfully,
Thomas NJ. Monaghan.
'No. 700 West Fourth St"
And Whereas, On the said eigh-
teenth day Of August, A. D, 1911, no
tice was served by direction of the
Board of Public Utility Commissioners
for the city of Wilmington upon the
Wilmington and Philadelphia Trac-
ton Company. that the said commits
sioners would hear and examine the
said complaint at the office OF the
Board in the City Hall in the city Of
Wilmington, Del, on Tuesday the
twenty-second day of August, A. d,
1911. at IL o'clock in the forenoon
And Whereas, On the said twenty
second day Of August, A. D. 1911, at
+ Ne time last mentioned, the said Will
rnington and Philadelphia Traction
: company did appear by its president
and counsel and did file with the said
commissioners an answer to the said
complaint, which answer is in the
following words and figures, to wit:
Wilmington, Del, Aug. %, 1911.
ITO the Board of Public Utility Com
missioners for the City of Whining
ton.
Gentlemen: Your notice Of Au-
gust Is, 1911, issued in accordance
with the resolution of your. Board the
same day upon the complaint OF
Thomas NJ. Monaghan, ct. al, duly re-
ceived
I'm recognition of your notice the
Wilmington and Philadelphia Traction
COMPANY. in answer to the complaint
of the said Thomas NJ Monaghan, ct.
a1) 1t is true that by an order of
the Wilmington and Philadelphia
Traction Company, said company
ceased to sell to the public after Sun
day. the 18th day of August, what the
complainant has styled Strip Tickets
or six Tickets for Twenty-Five Cents.
"(2) While the traction company
recognizes the propriety Of the Board
! OF Public Utility Commissioners enter
tanning any complaint properly
brought before them. and the cor
responding propriety for the traction
company TO make reply thereto, the
traction company respectfully states
that its action was taken, as it is ad-
vised. clearly within the chartered au-
thority of its lessor companies and
within its own legal rights. The trac-
ton company would further state thai
this action was not taken hastily OF
without due consideration, but on the
contrary with a view Of the fulhllmen'
of its obligations to the city OF VII
mington, as a corporation, 70 the
travelling public and to its employees
creditors and stockholders.
"The traction company further sub
1nits that It is not within the 1uris'
dicfion of the Board of Public Utility
Commissioners Of any tribunal t'
make orders relative to the rate o.
fare which it should charge, within
the limits of FIVE cents per passenger
very respectfully,
"HUilmington and Philadelphia Trac
ton Company.
"By Oscar T. Crosby, President.
0Ward. GRAY and Neary, Counsel"
And Whereas, on the said twenty
second day of August, A. D., 1911, al
the time last mentioned. the SAID
Thomas NJ. Monaghan, and the saie
Wilmington and Philadelphia Irac'
tion Company, being present, did IN
form the Commissioners that the.
were ready for a hearing on the sale
complaint,
And Whereas, the said Wilmington
and Philadelphia Traction Compan,
did, in its answer, so filed as afore
4 said. admit that the said company haC
ceased to sell to the public after Sun
day the thirteenth day of August, A
s D. 1911, strip tickets; or six fol
& twenty-five cents"
And Whereas, The said company dir
4 further admit that it, or its lessor
had been selling the said tickets T.
the public for upwards of ten years
and that its rate Of fare is five cents
for each adult passenger, with GER
\ tain transfer privileges,
And Whereas, The said companl
q did decline to offer any evidence t,
j Justify its refusal to continue the sal
of six tickets for twenty-five cents,
And Whereas, Upon request of th'
said company the said hearing and ex
81 animation was continued until th'
Il FIRST day of September, A. d. 1911. a
u II o'clock In the forenoon, in orde
that the said company might have
further opportunity TO offer evidenc,