Evening journal., 1913-06-18
conllnned nom Flrst PaEe.


financial or professional relation with
any public utility under the boards
Jurisdiction ?'
will divide this question as fol-
lows:
fa) "Does section Of the act give
the board the power to employ inspec-
tors and such other persons as II may
deem necessary; to buy such materl-
ais. apparatus and standard measuring
ard testing Instruments as the board
may deem necessary"
Section of the act provides that,
THE members Of the said board shall
each receive the sum of Five Dollars
ner day for each days attendance at
meetings of the said board, which
sums. as we'll as other necessary ex-
pcnees of the said board in the per-
fcrmance OF the duties under this act,
shall be paid. etc "
Tt will be seen that the thing that
must necessarily be determined Is
whether inspectors, materials, appa-
ratus and standard measuring and
testing instruments are necessary for
the board to have in order that it may
perform its duties under this act.
The part OF your question that / am
nov undertaking 10 answer is con-
fined to section ?.
In order TO determine what is nee
essary. we must find what are your
duties
The powers and duties Of the board
are very largely confined to section 4,
which reads as follows:
"The said board shall have super
vision over all public utilities operat-
ing within the limits Of the said city
OF Wilmington; and the term Public
Utilities as used in this act is herein
defined 10 include all street railway,
express. traction. gas, electric light
heat and power, water, telephone and
telegraph corporations, associations
or Joint stock companies operating
within the limits of the city Of Will
mirgton for public use.
The said board shall have general
supervision over the public utilities as
herein defined within the limits OF
the city Of Wilmington, and shall have
power, after hearing upon notice, by
order in writing:
To require every such public
utility as herein defined TO comply
with the laws OF this State relating
thereto or with any legally adopted
ordinance or regulation of the city OF
Wilmington or with any of the terms
of the franchise under which such
public utility operates.
b. To require every such public
utility as herein defined to furnish
safe and adequate service.
C To require every such pubic
utility as herein defined TO keep It's
books records and documents so as to
AFFORD an intelligent understanding OF
its business.
d. 10 direct any such public utility
as herein defn ed, found to be grant
ine unjust unfair or unreasonable
determinations, TO immediately cease
from SO doint.
@. 10 investigate any accident hap
pening in the said city of wilmington
I'M connection with any such pubic
utility as herein defined.
To hear and examine complaints
concerning rates charged by any such
public utility as herein defined. ana 10
make such recommendations ana Or
ders as it may deem proper concerning
such rates.
e. To make such recommended
fions as IL may see ft 10 concerning
ercb public utility as herein defined,
and 10 see that all laws of the State
and an lawful ordinances of the city
of Wilmington are complied with by
such public ntility. and it shall cause
ection To. he{brought against any such
public utility violating any such law
or ordinances through the attorney
general of the State Of Delaware or
the city solicitor of the city of VIII
miugton,"
For the board to do anything under
80
amply TO the city solicitor or attorney
general. If It were necessary TO have
inspectors materials apparatus, etc,
10 determine whether a public utility
was violating an ordinance of the city,
a law OF the State, or its franchise, /
should think the board would have
authority to employ such inspector or
purchase such materials. IL such
things were necessary In order that
the board might perform its duty un-
der paragraphs 3D." &C." IA and "e"
Of said section A. I should say 1t had
the authority.
AS 10 paragraph "r' Of said section.
the board has no initiative. Il can
only act upon complaints made. II
after complaint is made such things
were found 10 be necessary, the board
"'hlt nav lHN autlNlAt9 ~ 'hANlpt VI
purchase.
Paragraph "g" Of said section is
similar 20 paragraph ca
(bl HAS the board the power IA
employ an assistant secretary or pay
the secretary an additional salary tC
what he is receiving as secretary &C
the mayor2'
Section 3 of the act provides that
"The secretary of the mayor of tho
city Of Wilmington shall act as tho
secretary Of the board"
II also provides that THE secretary
shall record the proceedings of tn,
board and shall also perform such
cther duties as the board shall re
grlre and designate"
II would seem that the secretary {,
the mayor Us bound under this law {,
perform the duties as secretary 10 thi
board and It becomes as much hi
duty 10 perform the acts required O
him by the board as by the mayor
No provision is made for an assistant
anG no provision is made for addition
al salary. IL 1t become physically i'm
possible for the secretary to do th
work, the board could probably EN-
ploy clerical help, and the Counci
might be compelled TO pay such hell
but ] am IN doubt about IT, If sue
help were necessary it would be bet
Ter TO get authority from Council Th
same Is true with respect 20 the Sc,
retary as is true with respect to m
city solicitor. Each has additional dl
ties placed upon him by this act. an
each is bound to perform them, or