Evening journal., 1914-03-12
NO SHORT
CUT in STRIP
TICKET CASE
Judge Bradford Points Gut
Argument on Stipulation
Isn't Feasible
AAY MEAN NEW CASE IF
QUESTION IS DECIDED

City Solicitor Daniel o. Hastings,
lor the Public Utility Board, and Her
bert II. Ward, Of counsel for the VII
mington and Philadelphia Traction
Company. today appeared before
Judge Bradford in the United States
Court and brought up the subject OF
reopening the strip ticket case on
stipulation drawn and agreed TO Dy
Mr.. Hastings and Mr.. Ward to try TO
get q decision on the question OF the
legal right Of the traction company
under it's charter and leases to charge
a straight five cent fare No formal
motion was made to reopen the case
in which Judge Bradford had decided
in 1912.against the Utilities Board.
The lawyers this morning sought
to learn whether the case could be re-
opened to argue the questions covered
in the stipulation. Judge Bradford
pointed out that II is against prac-
tice in the United States Courts TO de-
eide part Of a case, cases being thrown
out where the entire case was not be-
fore the court
Today's conference OF the lawyers
with Judge Bradford means that the
strip ticket controversy and the right
OF the Traction Company to charge
q straight hve-cent fare cannot be
decided on such stipulation. II a
decision is reached eventually on that
question Ii will have 10 be on an en-
tirely new inquiry started by the
Public Utilities Board. aud going
through the successive court stages.
When the lawyers appeared before
Judge Bradford. Mir. Ward said they
desired to talk over the terms OF the
stipulation drawn by Council fos are
opening OF the case to get at the legal
questions involved.
Judge Bradford expressed the opin-
ion that the stipulation takes the
ground from under the case leaving il
in such state that an appellate
court would not consider 1t should
either party desire TO take an appeal
which would not be improbable. Judge
Bradford based his opinion on deci-
sions OF the United States Supreme
Court saying that the court will never
consider a case piecemeal either In
law or fact and would throw the case
out of court His advice TO the law
yers was to start a new suit in the
regular manner.
In opening the discussion Mr. Ward
stated that he and Mr.. Hastings had
come to get the courts opinion and
advice in the case regarding the stip-
ulation. Judge Bradford told Mr..
Ward that he could not act in an adj
. visory capacity.
Judge Bradford stated that the last
step in the case was taken over two
years ago, when the bill was filed IN
: October by the Traction Company
Since that time he said he had been
expecting steps to be taken by either
side. Then in December the pre-
liminary Injunction was sought, and
on March 5. 1912, the decision as to
the Injunction restraining the Utilities
Board was granted.
Judge Bradford said he had read in
the papers various suggestions as 10
what should be done in the case. and
what would be done.
In speaking of the stipulation he
said there were insuperable difficult
ties in connection with It, and it oc-
Cured to him as if there would be
nothing left OF the case If the stipu-
ation Is entered. THE ground would
be taken out from under your feet. -
said Judge Bradford. The prayer
OF the bill is for an injunction TO re-
strain the enforcement Of the order
of the Utility Board, and this stipula-
tion does away with that and takes
the bottom right from under your
case" Addressing Mr., Ward, Judge
Bradford asked; What becomes OF
the jurisdiction Of the Court?'
Mr. Ward replied, 1t seems TO ms
that ii leaves in the case the contract
provision
Judge Bradford asked what would
be the attitude of the higher court on
appeal. 1T seems to me-" he said
that the case would be thrown out.
The theory. he said, is that an ap
pealant tribunal will never under
take to try litigation piecemeal. bu
must have the whole case before it
This, he said, had been the decision
Of the United States Supreme Cour
several times.
Mr.. Ward said. What We are en-
deavoring to do is to avoid the statu!
II the case. which, if it goes on In Ia
present shape. can conceive mus
be decided on the ground alread!
considered by the court We ar'
endeavoring to get rid of that situa
ton"
Judge Bradford said that they wer