Evening journal., 1914-02-21
STRIP TICKET
FIGHT TO BE
REOPENED
Utilities Commission Ayr eS
to Join With TrOI eg Com
paHy In sew Action
no CHANGE IN THE
STIPULATION AS DRAWN

authorized City solicitor Hast ingS ~
join with counsel for the Wilmington
and Philadelphia Traction Company N
asking Judge Bradford in United States
Court 20 hear argument IN the strip
ticket controversy Under the stipulation
as originally framed by council THH
opposition 10 making argument undci
the stipulation including section niue
faded when City Solicitor Hastings gave
his opinion that ENC board SURRENDERED
nothing by including that section IN thc
ttipuiGfion The lawyers viii argue. u
Judge bradford consents 90 reopen th'
case. among other things. OF the charte'
rights OF the trolley company 80 charg'
2 straight iyc-cent faic. City sol cito'
llastings informed the members oi th'
commission that the admission oi th'
ninth section cf ihe agreement womlo
nor prevent the city irom continuing be
legal light for tle restoration oi tn
I eSess, shouid the proposed case. undei
sl,e stipulation, 60 against tine city.
Mr. Hastings soid that Il. II. Ward
counsel for the Wilmington and Phih
tlclnhia Traction company, insisted aal
The ninth item remain in tnc iereemen'
ii The case was 10 be reopened or th'
cmnpany's conscn. would not Oe given
This item reads az iollowsi
For the purposes Of this cause,
il Is hereby admitted that ali OF
the complainanis are existing de
juTe corporations, duly organized
under their respective characters
ard all amendments thereto. as
the same appears N Exhibits
a ~ &C. and u to said blll OF
compliant; that the contracts set
forth as Exhibits r., ~ and g
are executed in due form. and
that all OF said Exhibits a, u.
C., - r. ~ and c. to said
bill OF complaint may be referred
10 as used. without further
proof and without formal tender
or proof. as evidence IN said
cause. and that the Wilmington
City Railway Company, the front
and Union Street Railway Com
pany, and the Wilmington and
Edgemoor Electric Railway Com
pany had the right and power 10
make. and the Wilmington ana
PHILADELPHIA Traction Company
HHu NAl AAEAN GhN ENHN'aA ~
cent and enter into the contracts
set forth as said Exhibits a.
and G. but this stipulation shall
in no way affect the construction
of said contracts or he Judicial
determination Of the legal efIoct
thereof.
Mr.. Hastings said there was no douh
hat the corporations were de iure ones
and the proying of the safne would be
mere formalitY, g. D. Garrstson. con
missioner. said that the principal thin
he understoon 10 be objected 20 was lh
clause declaring the companies ha
merged with the present company
LEGAL form. He explained that If thi
merger or annexation Of companies Wa
declared TO be illegal, it woula cause
derreciation Of the stock and bonds
the traction company. Mr.. HastinG
said that would most likely result trol
a decision like that being given. VI
Garretson said that if such proved TO
the case the people OF Wilmington woul
not be benefited. This he conteade
would cause all the four companies no
operated under one lease 10 be operate
separately. and the transfer priNlcs
would then be abolished.
Nh. Garretson during the mceth
syerred he was ready tc halt the pre-
emf faht for the siX-for-a -quart'
tickets snd TO take steps 20 compel Il
company to pay taxes commepsural
with those paid by puiie utiiitles
other cities. 1t was the opinion OF q
the members, however, that somethli
should be done in tho strip ticket cas-
a .I...f..l
as the people looked 10 the COMMISSION
ers TO Go something.
City Solicitor Hastings was Gls
TONED BY the commissioners aau
asked the commissioners 20 be trai
with hirn. as he had knowa cf VI
commissioners at a conference asfe
ing on one thing and tllen ne ht a
of them going around 10 see otu
attorneys. Mr.. Hastings SAID nc G
not object 70 them consulting dl,o
news but he wanted them to pc "a
and frank with him. He said no i'
badly over the turn the case n
taken before. but the whole troup
was the Board was trying TO DO som
thing without money. The City :
iicitor said he was anxious 70 ha
the case decided one way OF anoth
and he did not urge the Commissio
era to sign the agreement out mere
70 authorize him TO ask Tor reope
ing Of the case before Judge SRA
ford. Commissioners Baily and Ga
retson expressed their willingness
sign the agreement at once. Rlcha
c. McMullen, ano,her comm ssion'
read reports from various cities c
ing the amount of taxes paid by ~
tiles operating in those cities;
The question of the company's liei
under successive and the present chi
ters was again broached and Mr.. ia
ings answered questions about them
saving: "The charters have been ait
ed at the request OF the company
various occasions. and they have tan
out all the things they aid not wa
and now they say we cannot char
those we want to-"
Nr. McMullen said he favored
question being allowed to remain as
was since the citizens expect to "
shortly on a new city charter. ~ Il
time, he said, the people could vote
what public utilities could and shol
nav in taxes. Mr.. Hastings asSu
fhe commissioners that the inclusion
the ninth item in the agreement wo
not be held against the city in any W
in any other case or court. The on
tion OF authorizing the city solicitor
nsk for a reopening OF the case "
put to a vote. All voted in the affirm
tive except Mr.. Vance, who acted
president pro tenn and who didn't "
He said he wanted 90 be sure the G
was not losing its right in amy OF