Evening journal., 1912-03-06
CITY LOSES
FIRSTROUNDOF
TICKET FIGHT
Restraining Order Prevents
Commission From Enforcing
Demand for Strips
BOARD NOT DETERMINED
ON THE SECOND STEP

Judge Edward G. Bradford in tho
United States District Court late yes
torday afternoon handed down de-
cision granting 4 preliminary in
junction restraining the Board OF
Public Utilities Commissioners of
Wilmington from enforcing their or
der TO compel the Wilmington and
Philadelphia Traction Company and
It's allied lines to restore strip tick
cts, and also enion the board from
collecting the 500 penalty for each
day the traction company fails to re-
store strip tickets. This Is a victory
1 for the railway company thus far.
but it does not end the litigation. as
/ it is but "a step in the proceedings
of the United States Court
Judge Bradford did not pass upon
] the important legal question Of
whether the Legislature granted
charter right of the Wilmington city
Railway Company TO charge "A fare Of
five cents is a right that cannot be
taken away by the Board of Public
Utilities Commissioners, also tho
question of the effect upon the Leeis-
lature granted charter rights of the
railway company accepting the new
Constitution of the state and amend
ing it's charter under the general in
corporation law Judge Bradford did
not find It necessary TO pass upon
these points, as he had much else be-
fore him on which TO grant the pre-
liminary injunction prayed for
The Judge decided In effect that the
Board of Public Utilities is a tribunal,
and not prosecutor, and that pro-
ceedings before IL should be accord
( ing to due process of law IN nearing
questions of a law and fact. He also
, held that the United States Court un-
A der the circumstances has Jurisdiction
!. i'm the injunction proceedings. Judge
Bradford's decision was based on the
record of the case and the atiidavits
l. handed up. TO him.
stl There AZ three courses open 10
Al 1.-The city Ono rs for the Board Q
e. Public Utilities Commissioners TO pro
d ceed with the hearing In United State
"a Court until decision is obtained a
e TO whether the preliminary Injunction
a should be made permanent TINS
would involve the hearing Of witness
es under oath and the taking OF mucl
testimony,
Another course open TO the Public
: Utility Board is for IL TO take an APP
peal TO the Circuit Court of Appeals
from Judge Bradford's decision
granting a preliminary injunction.
A third course open TO tho Public
Utility Board Is for IL To abandon the
! present case and start anew n hear
Z ing I'm the strip ticket question, go-
ing into the questions OF law ana TACT
thorouehly. and giving the traction
company an opportunity TO put In the
fullest defense for its action In abol-
ishing six for a quarter tickets. Tho
present litigation could be abandoned
by the Public Utilities Board with
drawing the order upon the traction
company, which Is a basis for the
7 present litigation.
That one Of these courses will be
; followed by the Public Utilities Board
is altogether likely.
Herbert III. Ward and John r. Neary
of Ward. Gray and Noary, represent
the traction company in the case. and
q City Solicitor Hastings appeared for
! the Utility Board.
Mr. Hastings said he might have a
statement later as to future action bs
the board Henry M. Taylor presi.
5 dent of the board. said he had moi
q gone over the decision and did moi
care to make statement at this time
Judge Bradford terms the proceed
= ings before the Utility Board as
/, "travesty upon Justice His decision
adds: 1T Is difficult to conceive o
treatment more arbitrary, injurioul
or ruthless than that to which th
traction company was subjected b.
n the Utilities Board. A malefactor TAX
l en- red handed in the commission o
crime would have had a constitutions
n right to a measure of protection an'
+ consideration denied the Traction
= company" The judge also sets fortl
~ that the Board showed partisanshil
~ toward the railway company instead
a of being an open-minded tribunal
- judge Bradfords decision covers 81
:, typewritten pages and contains abou
a 10000 words The order upon the
~ traction company to restore striI
N tickets was TO become effective Sep
tember 20. 1911. but the company
sought an injunction in United States
Court to prevent the Board enforcing
its order.
Judge Bradford. going into the
question. points out that Thomas M
Continued on Second Page)