Evening journal., 1914-04-23
Delegation Asks That Strip
Ticket Investigation Again
Be Undertaken
CITY SOLICITOR NOT
TO BE PROSECUTOR


the proposed investigation Of the viii
mington and Philadelphia Traction
Company.
Mr.. Bacher. acting Ms spokesman of
the delegation, presented n petition and
complaint, containing the names Of l0l
citizens Of the city asking the board TO
investigate the traction company with
. view Of compelling the restoration Of
strip tickets 20 public sale. He
said that az the last meeting the COM
plant had not been read and asked that
Il be read by the secretary. G. ID. Gar
retson, q member of the board, objected
saying that the complaints were not In
proper form and after considerable dis
cussion IL was decided TO receive and file
the complaint
Mr. Bncher said he had asked two at
torneys TO take part in the case on be-
half OF the city, one of whom would
act as counsel for 81 900. The other
agreed to do 80 for $500, this amount, or
the amount determined upon to be paid
by the city.
Mayor Howell. who was present, by
request of one of the commissioner
asked Mr. Bacher why he wanted extra
counsel in the case.
Mr.. Bachcr replied that he wanted the
extra counsel to help City Solicitor
Daniel o. Hastings.
Navor Howell asked Mr.. Hastings II
be desired the extra counsel and Mr.
Hastings replied that he was not ask
ing such. He said Il was one Of the
weaknesses OF the law creating the com
mission that no provision had been made
Tor counsel 20 prosecute such a case.
Mr.. Hastings explained that he was IN
position very much the same as a
Judge; that he was counsel for the board
and was TO advise them on questions as
fhov came before them and then TO act
as the board instructed him TO do. Mr..
Hastings said his position was very
embarrassing one and that he did not
know whether he ought or ought not 20
advise the complainant He stated that
the delegation had called upon him and
that ne had advised them that they
would be in a much better position 70
Get proper action If they would secure
counsel other than himself. He said he
felt that he was counsel for the board
and should have nothing 10 do In the
matter In the absence of instructions by
the board, but advise them and that II
did not look proper for him, as advisor
Of the board, to bring a complaint before
them.
Mr.. Carretson said he thought the
hoard would have 10 decide whether
Il would make an investigation be-
fore they needed counsel Of any
kind.
Mr.. Hastings was asked what was
the proper procedure In the nat
Ter. and replied that Il would be TO
serve upon the company notice un-
der the rule. The company would
then file an answer and the issue
would be formed upon H. The books
of the company would be obtained
and examined, a physical examina-
tion of the property would be made,
including worn out property, and a
thorough examination covering a year
would be made TO decide whether the
company was getting a big return on
its investment He said the COM
plainants would present their tesu-
mony by cooperation Of the board as
Il would hardly be imagined that the
company would turn over It's books TO
the complainants without an order.
lie said the charter right should be
determined and that he might be
wrong OF right IN his construction OF
=
al passed upon by the court.
Mayor Howell declared the ques-
ton to be: What do you want 70 set
tle7" the Mayor said that undoubted-
fy the company would fight He said
Il had employed able counsel and
that Il meant to contest. He asked
the delegation II they wanted the city
TO spend such an amount OF money as
an investigation would cost, without
knowing that Il would do some good
He said that under the initiative idea
Il would require more than 900 sign
ers, the total number who have sign.
ed the petition at the present time, e
induce City Council to pay out an un-
limited amount Of money 10 decide
the matter.
Councilman Haney said the SUI
preme Court OF the United States IN
the Kentucky Railroad Commission
case had decided that the board had
a right 10 fix rates. and he belived
the Kentucky case was in point with
the one they weer dealing with. He
said that the city recently measured
the property OF the working man
compelled him 10 say how many
rooms he had IN his house. and what
improvements he had made. and hs
thought this was right. but being
right. the city should do the same
thing to the traction company.
Mr.. Garretson said this had beer
done to the traction company, where
upon Mr.. Haney replied that II had
not
Mr.. Garretson replied that n,
thought Mr.. Haney was confusin,
revenues with taxes.
There is no question but what tn
traction company is over capitalized.
said Mr.. Garretson; so Is the gas com
pany. I would not give a quarter {,
md that out"
Mr.. Haney said that II that state
ment was true the board should bl
helped in its investigation. Mr.
Carretson stated that II one compan,
was investigated other companies II
Wilmington that are over-capitlizel
should be investigated also.
If you investigate one" said MI
Garretson, you viii have TO investi
gate the gas company. the People
Railway Company. the light company
and others. We are not paying NOR
than other cities for the privilege
these companies give. Do you thin
this action justifes an expenditur
without knowing what Is to come D
Il? How We are to come out?"
Mr.. Haney replied that the mem
bers OF the delegation nearly kne'
how"
No you don't" said Mr.. Garretson
40.