Evening journal., 1913-12-20
DOWN TO TACKS
In The STRIP
TICKET CASE
City Solicitor Hastings EN-
powered to Argue Charter
Rights Fare Question
In THE FEDERAL COURT
UNDER AN AGREEMENT

Members of the Board Of Public Utili-
tics met yesterday afternoon and City
Solicitor Daniel o. Hastings outlined a
plan whereby test is TO be made on
the strip ticket question and particu-
larly as TO the traction company's char
ter rights to charge a straight five-cent
fare. The commissioners adopted the
plan formulated. It was likewise de-
cided that the commission should pro-
cure such competent help as is required
in securing the appraisement values of
the traction company property, which
the board deems necessary and to also
provide checkers to collect data to bring
about adequate service for the patrons
OF the Wilmington and Philadelphia
Traction Company and the Peoples
Railway Company.
Mr.. Garrcttson advocated getting
down to brass tacls" in this matter
He declared that it was an unfortunate
circumstance that certain conditions had
arisen that compelled a heavy return
TO pay the stockholders in the traction
company.
He was of the opinion that the in
vestigation, as it was propoed, could be
conducted at little expense.
The traffic investigation will not be
conducted during the holiday season, but
the commission will wait until the traf-
fic is normal.
The plan to have the test case argued
calls for the attorneys for the Will
mington and Philadelphia Traction
Company to prepare an agreement which
must be acceptable to both sides, pro-
viding that the company's legal right to
charge a fve-cent fare shall be argued
under the original action brought in the
4 United States court by the traction COM
pany to restrain the Public Utility
Board from enforcing its order to restore
the sale OF strip tickets on the local
lines of the company.
This agreement would simply have
TO do with the legal right of the
company to charge a five cent fare at
all times If it should so choose and
would eliminate the question of the ir-
regularity of the procedure Of the
utility board IN its original action
also the question Of fact as to the
conditions making It necessary &c
lcharge FIVE cent fare. There would
be an understanding that II the trac'
tion company should lose the case
none Of these things would prejudice
it when it came back 20 the utility
board to ask TO be allowed TO con-
tinue the present rate of fare.
Il am in favor Of the plan" con-
tinued Mr.. Hastings. "If my opinion
is wrong, this will decide It. II will
mean no labor on the part of The
commission, and the expense would
not be over $50"
He added that there would be
plenty Of time to make an investiga-
ton following the courts decision,
He thought that It would be possible
to have everything in shape FOR pres
entation to the court by the middle OF
January, and that both sides would
be ready for argument by the first OF
February.
It was decided to have City Solititor
Hastings draw. up the agreement with
Herbert Ward, of counsel for the
traction company, and it will be pre-
sented to a special meeting of the
commissioners within a week. 1t was
4 further resolved to send a copy Of
the resolution relative to investigation
! 70 both traction companies named
, asking them to signify their willing
j ness to cooperate with the commits
sion in the investigation matter.
Should the court sustain the trac-
e ton company's contention that its
+ right to charge a five cent fare is q
: charter right that cannot be taker
+, away. the Utilities Board would b'
! powerless TO cause restoration Of tbs
strip tickets. On the other hand, Il
the right is one that is not binding
as Mr.. Hastings contends. it woulC
/ open the way for an investigation
and a new hearing by the Utilities
Board on the question of restoring
I strip tickets TO sale.