Evening journal., 1914-01-21
FULL TEXT OF PROPOSED
AGREEMENT FOR TEST
OF STRIP TICKET CASE
Three Members of fhe Board of Public Utilities Said
10 Be Opposed 10 Present Form of ihe Section Re-
garding Status of fhe Railway Corporations.
BOARD TO MEET FRIDAY
TO CONSIDER STIPULATION

Members Of the Board of Public
Utilities Commissioners viii meet on
Friday afternoon to consider the
terms Of the agreement. or stipula-
ton. drawn by City Solicitor Daniel
10. Hastings, representing the board,
and Herbert n. Ward, of Counsel for
the Wilmington and Philadelphia
Traction Company, 10 try to get from
Judge Bradford in United States
Court a decision on vital legal points
involved In the strip ticket contro-
versy. The agreement drawn by Mr..
Ward and Mr.. Hastings to get the
legal points of the strip ticket case
before the court will have to be ap-
proved by the directors of the trac-
tlon company and the members Of
the Utilities Board before the case
can be presented TO Judge Bradford.
The text of the stipulation as draft
ed by the lawyers Is printed here
with for the first time. IL is design
ed as a short cut to get the court to
determine whether the traction COM
pany has right that Il cannot be de-
prived of to charge a straight hve
cent fare.
J. Jackson Peirce. president Of the
Utilities Board, Is IN at his home and
il he is unable TO be out by Friday
\ the board may meet at his residence
that evening.
Il Is understood that President
lPeirce and Commissioners william
lii. Vance and Richard G. McMullen
ldesire an explanation of section ? OF
tho stipulation that will be satisfac-
tory to them before they will ratiiy
the stipulation and authorize q test
case under Il. They are in favor OF
the other sections, It Is said. but wisf
; to know just how section affects the
status of original charter rights anC
their perpetuation by leases. Unless
they are satisfied that the Utilities
Board Is not surrendering any lega
advantage they will not endorse tina
= section it is limited. As the threl
. comprise a majority of the board.
hitch may develop over taking tn
? case into the court under this agree
= ment.
|, Full Text OF Agreement.
The full text Of the proposed stipu
7 lation Is as follows
= Tho Wilmington City Railway Com
pany. the Front and Union Stree
y Railway Company. Wilmington an
y Edgcmoor Electric Railway Compan
and Wilmington and Philadelphia
= Traction Company
4 Complainant
~ vs..
,e Henry NJ. Taylor, Samuel
y Cleaver. Joseph Jackson Peirce. vi
liam II. Vance, G. Frederick Bache
" constituting and being the Board {
Public Utility Commissioners for th
N City Of Wilmington,
II Defendants.
whereas the Preliminary Iniun,
81 ton heretofore issued in this caus
is largely founded upon the defect
of the mode and form OF the pr,
cedure before the Board Of Publ
Utility Commissioners for the City
Wilmington resulting in the order {
said Board of September 1st, 1871
which defects may inure to the benz
ft and final relief of the complain
ants, should this cause go on to
" final hearing without this stipulatio
t. regardless OF the decision or findir
~ of the Court upon any other que
ton of law or fact arising In sa
cause; and
g. Whereas both the complainants al
NJ defendants do not deem it exped
ri ent to go to the expense in the pre-
sc ent cause OF trying the question
OF the alleged confscatory character
he the order Of said Board of Septer
he Der 1st., 1911, set up by the avermen
OF of subdivision c. of the ninth Artic
or of the Bill of Complaint; and
d. Whereas both the complainants al
al defendants are desirous that sa
mt cause shall go to final hearing +
IN the settlement of certain other que
lis 49, ss ~ Tho RIGHT Of said Il
ll- sn,ia.rts sloa,s 20 iss,,e and enforce \
he ''''0''''