Evening journal., 1912-05-11
THREE BALkAT
STRIP TICKET
AGREEMENT
MeSSrS. PeirCs, Vance and
BaCher Say II Would Harm
Boards Power
CLAIM LEASES MADE
WERE NOT LAWFUL

% Jdlhnon ItlItts one Ol lut nNb
members of the Board of Public Util-
tiles Commissioners, said today that
he and Frederick Bacher and William
II. Vance, two other members, never
will vote in favor of the stipulation
as to continuing the strip-ticket suit
in United States Court suggested by
Herbert H. Ward, of counsel for the
Wilmington and Philadelphia Trac-
tion Company.
He said that he and Messrs. Bacher
and Vance regard the terms of that
stipulation as being inimical not only
90 the Commission and its regulative
powers but also to the patrons of rail
way lines in Wilmington. The three
comprise a majority of the Board.
I'VE claim Mr.. Peirce said. that
when they leased the Edge Moor
Branch they had no right 20 do so,
under their charter and that the pro-
ceeding was illegal Now they want us
20 admit that that was legal transac-
tion. We can't do it and We won't do it,
and there are three of us who never
will do It, The effect of signing this
stipulation would be for us to admit
their right to make that lease and also
their right to have a remission of all
the fines that have been imposed be-
cause of noncompliance by the Will
mington and Philadelphia Traction
Company with the order of the Com
mission for the restoration of six-for-
a quarter tickets"
The full text of the stipulation pre-
posed by Mr. Ward and his associate
Is as follows:
Whereas the Preliminary Injunc-
tion heretofore issued in this cause
is largely founded upon the defects
of the mode and form of the proceed
ure before the Board of Public Util-
ity Commissioners for the City of Will
mington resulting in the order of said
Board of September 1st. 1911, which
defects may inure to the benefit and
final relief Of the complainants,
should this cause go on to a final
hearing without this stiplation, re-
garless of the decision OF finding of
the court upon any other question Of
law or fact arising in said cause, and
Whereas both the complainants
and defendants are desirous that said
cause shall go to final hearing for
the settlement of all questions as to
the right of said defendants to issue
tiu fNlUlNt NNt NniA 0Anft vi oNf fN'Ah
ber 1st 1911 had It been issued by
said defendants after their full hear.
ing and consideration of all the facts
and principles of law as the same
shall be presented. upon final hear
ing Of this cause, before this. Court
"Now therefore II is stipulated anC
agreed b. and between the complain
ants and defendants, by their respec
tive Solicitors of record.
90 That this cause shall in du'
course proceed TO final hearing, upol
Bill. Answer. Replication and evi
dence adduced. and that the respec
tive rights, i'm equity, Of the complain
ants and defendants. arising out o
the issues of fact and law present
ed bv the case so made and appear
ing. shall he tried and determined
upon such final hearing, anything il
said bill to the contrary notwith
standing as if there had been lik'
presentation Of facts and law upol
a proper complaint to and before salt
defendants. constituting said Board
before. and as the basis for, its salt
order
"(2l That the preliminary injunc
tion heretofore issued in said caus
shall continue in force until the fina
determination of the cause by thi
Court.
"(3) That the defendants. whethe
acting individually or collectively a
hoard for themselves and thei
successors in Office do hereby who'll
and forever waive the enforcement o
collection by any and every mean
IS hundred dollar
per day. so which said Wilmington an
Philadelphia Traction Company 1
subjected, by the provisions OF sal
order of said defendants OF Septem
ber first A. d. 1911, in default of IN
compliance of said company wit
said order.
"(D That nothing in this stipula
ton shall serve or be by any part
hereto or by any court construed, In
terpreted or held. TO prevent or pre-
clude any party to said cause froi
taking said cause upon or by appei
or otherwise so any other court
which It may properly go or be take
consistently with the statutes or rule
of court and the law applicable there
TO. hut the Irregularities which il
sought to avoid by this stipulation an
agreement shall in no way be col
sidered upon such appeal.
"(6 That the matter remaining
dispute in this cause exceeds, excl
sive of interest and costs, the SUI
0f FIVE thousand dollars.
~(6) For the purposes OF IN
cause it is hereby admitted that a
of the complainants are existing
lure corporations. duly organize
under their respective charters al
all amendments thereto, as the san
appear as Exhibits "a" "B." &C." al
%" to said bill of complaint; tn
the contracts set forth as Exhibi
"E." "F." and &C" are executed
due form and that all OF said p
hibits "A" "B," &C." "D." &c" IF
and &C" to said bill of complaint mi
be referred to and used without IN
ther proof and without formal tend
or proof, as evidence in said oaus
and that The Wilmington City Ra
way Company. The Front and Uni
Street Railway Company and W
nington and Edgemoor Electric Ra
way Company had the right and po
or to make. and the Wilmington al
Philadelphia Traction Company h
he right and power to accept al
snter into the contracts set forth
said Exhibits. ."E" ."F." and C." b
this stir rti sall in no way affe
,,s,.;T .ns cor Ga NGPp lcts or. g
''N'r ~ ne l'r'f