Evening journal., 1914-02-07
WANT TOKNOW
IF JUDGE WILL
REOPEN CASE
Utilities Board Differs Over
Section About Lease Of
Trolley Lines
COUNSEL MILL CONFER
WITH WITH JUDGE BRADFORD


Judge Edward &. Bradford will be
requested to rule whether he Will
near the argumen; OF counsel Tor the
wilmington and Philadelphia Trac
tion Company and the Public Utilities
Boara. relative to the right OF the
traction company to charge a straight
five cent fare under the provisions
Of its charter. with or without the
ninth section included ia the agrne-
ment drafted by the lawyers TO get 81
the salient legal point in the strip
ticket controversy This action was
taken upon motions of c. ID. Garrett
son and William II. Vance, at the
day afternoon
When the subject was called up at
the meeting OF the Board, Com
missioners Vance and McMullin
voiced opposition TO the agreement
drawn by Herbert II. Ward, repre-
senting the traction company. and
City Solicitor Hastings representing
the Board The two commissioners
do not look with favor upon section
3 of the agreement, and desire IL
stricken out before the case rs taken
into Court On the other hand Com
missioners Baily and Garretson we're
in favor of immediate action on the
stipulation as originally drawn.
Mr.. Garretson moved that the city
solicitor be directed TO take up with
Judge Bradford the question Of
Whether he would reopen the strip
ticket case on the agreement or case
stated drawn by Mr. Hastings and Mr..
Ward, counsel for both sides.
Mr.. Vance amended the motion that
the Judge be asked whether he would
take up the case ON the agreement
with or without the ninth section.
This amendment was accepted and the
board will await the result of con-
ference of the lawyers with Judge
bradford before taking action on en-
dorsing or changing the agreement
j. Ralph Baily was elected tenn
porary president upon motion Of Mr.
Vance. to succeed the late president
=. Jackson Peirce. A permanent pres
idcnt viii not be elected until a men,
her OF the Utilities Commission has
been appointed by Mayor Howell "a
succeed Mr.. Peircc. The commission
GNed the salary of HermOn r. Bothum
secretary of the body at s. a meet.
ing. This is the amount received by
he members of the commission.
The ninth clause of the agreemen
between Mr.. Ward. counsel for the trac
on company and City Solicitor Hast
nus. to which the objection is raised
reads as follows:
For the purpose of this case il i
hereby admitted and agreed that all o
the complainants are existing corpora
tions. duly organized under their re
spective charters and all amendment
thereto, as the same appear as exhibit
A B. c aud D to said bill. aud that th
contract sci forth as exhibits Z. Z an
G. are executed in dl form; that all o
the said exhibits A. B. c. ID. j, an
G. to said bill of complaint may be re
fcrred 70 and used. without turthe
nrool and without formal tender
nroof. as evidence IN said case; that tn
Traction Company. the Front and Unio
street Railway Company and Edg
Moor Electric Railway Company ha
the ripht and power 10 make, and tha
The Wilmington and Philadelphia Trac
fion Company had the power to accep
and enter into the contract set forth a
ulation shall in no way affect the con
struction of such contracts or the ~
dicial determination or the legal effect
According to the agreement Of tn
counsel. the matter Of the legal right o
tho company to charge a straight five
cent fare would be alone argued befor
Judge Bradford. and his ruling on thi
point would determine whether the Pub
lie Utilities Commission would conduc
further litigation TO compel the tractio
company to restore the sale OF siN-tor-a
quarter tickets on its lines.
At previous meeting, by vote q
three against two, the matter was in
definitely delayed. At that time Com
missioners Peirce nov dead, Nanc
and McAmlln voted to defer action o
the matter and Commissioners Garret
son and Baily voted to 90 ahead wit
tho argument as proposed by couns'
under the agreement drawn.