Evening journal., 1912-05-24
DROP Old
TICKET FIGHT
TOBECIN ANEW
Utilities Commission Will Base
Second Suit on Rate
Question
$lOO DAY FINE
OFF THE COMPANY

The Board Of Public Utilities Com
missioners yesterday afternoon re-
scinded its order directing the Viii
mington and Philadelphia Traction
Company to restores to sale the six
-a-quarter tickets on the local
lines and also the fine of 800 per day
for every day the order is violated.
In doing so the Commission appoint
ed President TAYLOR and Mr.. Bacher a
committee to draft rules Of procedure
in a new suit which City Solicitor
Hastings will institute later against
the traction company
The order was rescinded because
Of the fact that Judge Edward g.
Bradford, OF the United States Court
after the traction company had asked
for a writ Of injunction, held that .he
proceeding upon which the order was
based had been irregular and In vio-
lation Of the constitution Of the
United States.
AS a result of the action yester-
day no attempt will be made TO coll
lect the penalties in the order. The
resolution adopted, however, specifi-
cally provides that nothing I'm the
order shall be construed as waving
the authority of the board TO hear aud
examine any future complaints.
The original action was based upun
the complaint of State Senator Thorn
as NJ Monaghan. the father o. the
utility bill. In his complaint he did not
set forth that the rate charged was
unreasonable. That the complaint to
be made al a basis for the new hghl
will emhody such declaration, It
was stated.
The resolution adopted yesterday
follows:
Whereas On the first day Of Sep
tember, A d., 1911. the Board of Pub
lie Utility Commissioners for the city
OF Wilmington. made an order on the
Wilmington and Philadelphia Trac-
tion Company, corporation of the
state of Delaware, IN the words and
! figures following. 10 wit.
'gThemas "A. Monaehan VS. Wlmlne
ton and Philadelphia Traction Com.
pany. a corporation Of the State O.
Delaware Complaint concerning rates
charged
Whereas. On the eighteenth day ol
! August. A d.. 1911 Thomas NJ Mon
Afghan filed with the Board Of Public
! Utility Commissioners for the city OF
! Wilmington. a complaint in the fol-
| lowing words and figures. 10 wit
Wilmington. Del. Aug IS, 1911
To the Honorable Board of Public
Utilities
Gentlemen I desire to respect
fully present the following complaint
/ The Wilmington and Philadelphia
Traction Company has abolished the
strip tickets tsix for twenty-five
cents) and I ask your commission 70
Immediately summons said company
TO appear and present reasons for this
action. Any proof in support Of this
complaint win be furnished at any
time your board may appoint
Very respectfully
I Thomas NJ Monaghan.
''No 700 West Fourth street
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 Commission
ers for the city of Wilmington. upon
the Wilmington and Philadelphia
Traction Company. that the said COM
| missioners would hear and examine
the said complaint at the office OF the
board In the City Hall, in the city OF
/ Wilmington, Delaware, on Tuesday
the twenty second day Of August. A.
d. 1911, at II o'clock in the forenoon
and
Whereas. On the. said twenty.
I second day of August. A. d 1911. al
the time last mentioned. the said vii
mington and Philadelphia Traction
Company did appear by its presicen
and counsel and did file with the saiC
commissioners an answer to the saiC
complaint, which answer is in tn,
following words and figures, to wit
Wilmington. Del, Aug %. 1911 q.
Ito the Board of Public Utility Com
missioners for the city Of vii
mington.
Gentlemen. Your notice of An
gust IS, 1911, issued in accordanc,
with the resolution of your board, thu
same day upon the complaint of Mr.
Thomas NJ. Monaghan. ct. al. dul!
received
In recognition of your notice. IA,
Wilmington and Philadelphia Traction
! Company, in answer to the complain
n