Evening journal., 1911-11-07
UTILITIES
DEFENSE in
Commission Denies Trolley Co.
Vas Not Given Every
Chance
STRIP TICKET FIGHT
NOW CLEARLY DEFINED

In the United States Court. in reply
to the affidavits recently filed by
President Oscar 7. Crosby and other
ofiicials, of the Wilmington and PhiIa-
dephia Traction Company. TO support
the motion made by the company in
that tribunal asking for a preliminary
injunction and restraining order d.
rected 10 the Public Utilities Com
mission TO prevent enforcement OF
their strip ticket order
The afildavits were filed by Mr..
Hastings, representing the Utilities
Commission, the principal point con-
tained in them being a denial of the
claim made by the traction company
that the company was denied the right
to make a defense before the Board of
Utilities Commission.
In his affidavit President Henry N.
Taylor, of the Utilities Commission,
AYERS that the traction company was
given the fullest opportunity to put
IN any evidence IL desired and that ut
no time while the Commission was in
session did the company make any
objection to the order TO restore stri2
tickets. on the ground that the board
had not made an Investigation 10 de-
termine whether the rate of fare was
a reasonable one.
Mr.. Taylor further AYERS that at no
time did the Board of Public Utility
Commissioners refuse to receive any
thing that the company might offep
as evidence, and IL It had made a de-
fence the defence would have received
careful consideration.
President Taylor further sets forth
that he has been informed and be-
lieves that all of the property operat-
ed by the Wilmington and Philadel-
phia Traction Company in the state
of Delaware could be duplicated for
an amount not exceeding $4,000 per
mile, including all the rolling stock
and the power plant. He points ont
that two railway companies are oper-
ating in the city and for the past ten
years had sold strip tickets and that
one company still sells those tickets,
although It does not use the principal
thoroughfares. He points out that the
lines of the Wilmington and Philadel-
phia Traction Company are operated
on the principal thoroughfares OF tho
city. He continues;
'That this deponent is informed and
believes that the only paving that is
required of the Wilmington and Phil
adelphia Traction Company or its les
sors is that required by the general
laws of the State of Delaware, while
the Peoples Railway Company, by the
franchise granted to It at different
times by the Street and Sewer De.
partment, is required TO pave from
curb to curb in certain portions o
the street occupied by It."
q h.. IH his affidavit, President Taylo
says he was informed that Herber
a. Ward, counsel for the Traction
company. desired the case reopenet
for the introduction of certain papers
in evidence, after the board had made
its order. and that he instructed the
city solicitor TO inform Mr. Ward that
he was willing to call a special meet
ing Of the board to consider the re-
quest, but that any such meeting
would be public and he personally
would oppose the Introduction of the
new evidence. He says that he was
informed that Mr.. Ward said that If
he (Taylor). was opposed to reopen
ing the case, IL was not worth while
making an application for such. Mr.
Taylor denies that the company made
any such application TO the board al
though he says that he stood willing
to call a special meeting to consider
the request.
The afiidavits Of c. f. Bacher, w
II. Vance. j. Jackson Pierce and Sam.
uel G. Cleaver are similar in most re-
spects to that OF the president. The,
deny that the company made any ap
plicauon TO reopen the case and the,
say they knew nothing Of such unit
they We're informed by Mr. TAYLOR
They also deny that the compan.
was not permitted TO put in a de
fense.
Mr. Bacher supplements his afida
wit with an exhibit which is a state
rment alleged 10 have been made b
John A. Rigg. president OF the WI
mington City Railway Company. 4
1908, which purports TO give the hxe
charges against the properties owne
BY the different companies.
Tho affidavit of Hermon b. Bothun
secretary to Mayor Howell and ais
secretary OF the utilities commissior
deals with the proceedings before tina
board
Another affidavit Is by Samuel S
hon, who was general manager q
the Wilmington City Railway Com
pany when its lines were taken owe
Dy the Wilmington and Philadelphi
Traction Company. Mr.. Hon aver
that he Is a civil engineer and wa
employed as such by the Interstat
Railways Company from 1900 TO 100.
when he came to this city TO becom
manager Of the company. He aver
that he was asked by the board I
make an estimate Of the cost of r.
placing the tracks, rolling stock an
power plant of the traction compan,
and he gives a detailed estimate wit
the total of Sl.430 .26040
Mr.. Hon expresses the belief ths
If $3.50 600 had been expended i'm mn
ting the property in good conditio
and $4,000 put aside each year ther,
after as reserve fund, the properti,
could be kept I'm excellent conditio
He AYERS that the gross receipts n
creased from the time he became mar
ager until August 81, 1910 with N
exception Of the year 1908, when the
was business depression. The Il
ponent is of the opinion that the pro
critics controlled by the traction cor
pany were exceedingly valuable an
that the receipts should grow as II
population of the city and communi
increase. He believes that the net r
turn would be greater If the str
ticket privilege was continued.
Other afiidavits we're filed by Sta
Senator Thomas NJ Monaghan. 4
father Of the bill creating the utilti
board. and who was the first to ma