Evening journal., 1913-12-18

jrGges who we're not lawyers, and he
held that the Commission should have
passed upon il. | filed brief with
the court on that point II is my
own Judgment that the court will not
sustain the contention of the traction
company that they have a legal right
TO charge q straight 8 cent fare The
traction cOmpany's counsel say they
can do it. ! don't agree With them.
Lawyers cannot agree with one an
other i'm many cases. but It is neces-
sary for the court to pass upon IT,"
What position now, if any. has the
case in the United States court?" ask
cd Mr.. White,
81 don't think the case has been
actually dismissed" replied the City
Solicitor
"Then it is still in court?"
YES" replied Mr. Hastings who
explained that they had believed II
foolish to continue the case and have
IT thrown out on a technical point.
Judge Bradford had suggested an
agreement between counsel Mr. Hast
ings said he had several conferences
with the counsel for the traction COM
pany who wanted him to eliminate
one important point, claiming that il
would not effect the outcome of the
state 1T was a technical point. it's
true" he remarked, "but when we
get in court we want to take advan-
tage Of all points I put IL up to the
Commission. and Mr.. Taylor, who was
presiding at that time. wanted me to
90 ahead and eliminate that point.
was willing TO abide on the decision or
the commission. Three other mem
bers of the commission we're against
Mr.. Taylor on that point. and it ended
there Nothing further has been done
] don't think the case has ever been
dismissed and with the consent Of
/ both sides it can be continued"
isn't the most important thing at
\ present whether or not under their
charter the company can charge a
straight cent fare?" asked Colonel
, Stover.
Undoubtedly if we could get that
point alone in court and get IL set
! tied first 1t would he good thing"
replied Mr. Hastings, who explained
that this action. however could be
the traction company.
The city solicitor believed however
that il would be good thing to SETTLE
that point first He remarked that il
they went into an investigation anC
then went into court and showed that
the company could well afford to carry
people at cheaper rate the court
might then decide that under the pro-
visions of their charter the company
has the right To charge cents. In
that case an their trouble would be for
nought. Tie thought it was better to
settle that point first and them ii mp
held. 20 on with the other point as TO
whether the company can afford a
/ cheaper rate.
Wants Results for Money.
81 think ] can speak for Council in
regards 10 the position Council is
/ in" said Col. Stover Last spring the
commission pctitioned for $1,000 Tor Il
/ purpose stated in their request Since
then communications have been sent TO
MS bv the Referendum League. Central
/ Labor Union and other bodies. and q few
Z personal requests besides urging Coun-
eli to grant the appropriation Many
/ people think that the reason that moth
( ing has been done hy the Utility Com
/ misaion is because Council won't give
/ them the appropriation J have never
/ been accused oi spending money rcck
/ lessly and think we should know what
( Is 10 be done with it, don't think
the members OF tho Utility Commission
are fully agreed as TO what is the proper
thing TO do IN the premises and thcy can
4
J 60 90 ON record as q member of this
body that If the Public Utility Commits.
sioncIs can assure this body that an
invest tisation would bring results, ], for
one. will vote Tor the money. But until
we get such an assurance am in the
dark ON lhe question and cannot vote
for IT, The purpose of this meeting is
10 see what is to be done. The Utility
I Board has been In existence for twu
wears and the people look for il TO do
something II the Utility BOARD is sim
cerc it has the hacking OF the people and
CITY Council We have been working
too far apart aud should get together.
That is the feeling of the members OF
this body No don't make p consider
able amount of money. but If Council
can have any assurance that there is
something to look forward 20 there will
he no difficulty in getting the money
provided that it doesn't exceed one mil
lion dollars"
This commission cannot positively
assure Council that if this money is
appropriated they will restore the six
'for-a-Quarter tickets" said Mr.. Hast
ings i'm reply to Colonel Stover. FOR
the reason that there is a possibility
of my opinion as TO the right of the
company 10 charge n 8 cent fare be-
ing wrong I cannot guarantee it.
The commission is depending on my
advice owing TO the position that l