Evening journal., 1914-01-21
FULL TEXT OF
STRIP TICKET
STIPULATION
Continued from First Page


fed and existing by and under this
stipulation, whether acting individu-
ally or collectively as q Board, for
themselves and their successors in
Office, do hereby wholly and forever
waive the enforcement or collection
by any and every means of the
penalty of One Hundred Dollars per
day. to which said Wilmington and
Philadelphia Traction Company IS
subjected, by the provisions of said
order of said defendants of Septem-
Der first, A. d., 1911, i'm default Of
the compliance Of said company with
said order
() That nothing in this stipula-
ton shall serve or be by any party
hereto or by any Court construed, in
terpreted or held, to prevent or pre-
clude any party to said cause from
taking said cause upon or by appeal
or otherwise 70 any Court to which
1t may properly go or be taken con
sistently with the Statutes or rules
of Court and the law applicable
thereto; but the irregularities of pro-
ceedure, referred TO in the first para
graph of the recitals of this stipula-
tion, which it is sought to avoid by
this stipulation and agreement shall
In no way be considered upon such
appeal.
(S) That the matter remaining in
dispute in this cause exceeds, ex-
elusive of interest and costs, the sum
of Twenty-Five Thousand Dollars.
90 For the purposes of this cause
II is hereby admitted and agreed that
all Of the complainants are exist
ing de iure corporations, duly organ
ized under their respective charters
and all amendments thereto, as the
same appear as Exhibits "A" "B."
&C." and I'D" to said Bill of Com
plant; that the contracts set forth
as Exhibits "E," f." and &c" are
executed In due form; that all of said
Exhibits "A" "B." &C. %" &c. ~"
and &C" to said Bill of Complaint may
be referred to and used, without
further proof and without formal
tender OF proof, as evidence in said
cause; that The Wilmington City
Railway Company, The Front and
Union Street Railway Company and
Wilmington and Edgemoor Electric
Railway Company had the right md
power TO make, and that the Whining
ton and Philadelphia Traction Com
pany had the power to accept and
enter into the contracts set forth as
said Exhibits "E, "F," and &C." but
this stipulation shall in no way af-
feet the construction Of said contracts
OF the judicial determination of the
legal effect thereof.
The Wilmington City Railway
Company. The Front and Union Street
Railway Company, Wilmington and
Edgemoor Electric Railway Company
aud Wilmington and Philadelphia
Traction Company,
Complainants.
against
Henry N. Taylor Samuel c. Clcaver.
Joseph Jackson peirce. William II.
Vance. c. Frederick Bacher. consti-
tuting and being the Board Of Public
Utility Commissioners for the City of
Wilmington,
Defendants.
Whereas counsel for the complain
ants and defendants have entered into
stipulation, which has been filed In
the above stated cause, looking to the
settlement of certain legal questions
not involving the reasonableness Of
the order OF said Board OF the first
day OF September, 1911, from "a finan-
cial standpoint; and
Whereas il is the intention of the
said parties to said cause that the
determination OF said questions OF
law shall leave the parties complain
ant and defendant free to raise any
question of fact or law upon any
! further complaint before said de-
PENDANTS, relative 20 rates charged
by said complainants. not settled and
determined by the said cause, in ac-
cordance with the terms of said stipu-
lation.
Now Therefore IL Is stipulated and
agreed between the parts 20 said
cause by their respective solicitors
that, in case the final determination
of said questions of law shall be
against said complainants, the said
defendants or their successors in Of
fice shall and win not, by any means
or procedure, legal or equitable, en-
! deayor TO enforce the said order Of
] the said first day of September. A.
/ d.. 1911; but nothing herein contain
/ ed shall be construed TO prevent the
! said defendants from entertaining sny
complaint that may be filed with
them OF their successors against said
complainants after said final de-
termination OF this cause.