Evening journal., 1912-05-09
--
UPPUSE
UTILITIES
SlOO FINE
Traction Company Wants Pen
atty Removed While Ticket
Case Ponds
BOARD IS DIVIDED
On THE QUESTION

Inc Pubic Utilities commission
met with City Solicitor Hastings yes
terday afternoon to further discuss
the strip ticket case now in the
United States Court. Nothing deti-
mite was done, it was announced, and
another meeting will be held next
Tuesday. at which me it is thought
some agreement between the commits
sioners and the Wilmington and Phil
adelphia Traction Company will be
reached as to a plan of procedure.
1t was said that the railway conf
pany wants the Board of Utilities
Commissions. in a stipulation, said TO
be practically agreed upon. to waive
the fine of 500 a day imposed on
the company for failure to restore
strip tickets to sale. II is said that
that Messrs Vance, Bacher and Peirce,
members of the board, are opposed
to the agreement, while the remain
ing two members, Messrs Taylor and
Cleaver, favor it,
H. H Ward, of counsel FOR the
railway company, when seen today by
a reporter for THE EVENING JOUR-
NAL, gave out the following state
ment:
About the twenty-ninth day ol
March, 1912. Judge Bradford called
the city solicitor and counsel for the
traction company and its lessons ints
court and intimated that, upon ths
case thus far made in the strip ticket
cause, the inclination of his mind
subject of course to change upon
proper showing, was that the case
must ultimately be decided regardless
of any other questions raised by the
bill of complaint and answer. upon
the question of procedure before tho
Utilities Board This fact had already
been recognized by counsel in the
cause and they had been discussing
the feasibility of a stipulation under
which the other substantial question:
in the cause might he gone into and
decided Counsel on both sides advised
the court of this fact and promised ~
endeavor TO arrive at a stipulation
which would enable other substantial
questions in the cause to be decided
in the present cause. thus saving time
and expense for both sides AS cOun-
sci understood il, Judge Bradford ap-
proved of this course. Ever since this
conference in open court. the city so
licitor and counsel for the complain
ants in the case have been conferrine
and have substantially agreed upon q
stipulation. subject to the approVa
bv the Utilities Board and of the COM
plainant companies. Recognizing th'
fact that decision of the cause upor
grounds so far considered by th'
Court would result in entire relie
from the fine imposed by the Utilitiei
Board and also the fact that If a new
case were brought and an appea
taken to the Superior Court, the run
ming of such fine would unqueaion
ably be suspended pending the, ar
gument of the qestions involved-th'
stiplation very properly and neces
sarilv involves a waiver of the 1ne
This is a condition, therefore, whlct
the complainant companies have
right to insist upon. inasmuch as II
decree we're entered in the cause as /
now stands. IL would result in a relic
from such fine.
THE stipulation. among othe
things. also covers an admission o
the corporate existence of the Trac
tiop Company and its lessons and tn
mower to make and accept the leases
These are questions which, in tn
Judgment of the complainant com
panies. are not properly involved il
the trial Of the question as to whethe
the Traction Company has a right e
charge and collect a straight five cen
fare and are questions in which IN
state, rather than the city. is inter
osted "