Evening journal., 1914-01-23
FRIDAY, JAN. %. 1914.
AM ANoMALous sITUATION.

- r is of the utmost importance that the strip ticket
4 controversy between the Board OF Public uuhy
Commissioners and the Wilmington and philadelphia
Traction Company be settled right and for all time
It has been productive of misunderstanding and i'll
feeling that have been harmful the public and the
company
In only one way can it be settled right and for ali
hme That is through the agency Of the courts Law
yers and laymen may spend weeks in the considera-
ton OF the legal questions involved; they may spend
other weeks heated discussion, and yet after all
has been said and done by them, the controversy
viii be as wide-open It was because the one
thing needed to close IT, court decision, is lacking
That has been the chief trouble thus far There has
been too much fruitless talk and too little nelli-
gent and effective action.
The present status or the controversy is peculiar
BY mutual agreement it decided that the right
OF the wilmington and Philadelphia Traction Company
to charge straight Rye-cent fare should be tried out
to a conclusion in the United states District Court
City Solicitor Daniel o. Hastings legal adviser for the
various city departments requested to represent
the Board Of Public Utility Commissioners Herbert
H. Ward was stained to represent the traction COM
PAM.
Those two lawyers held conferences and agreed
a stipulato or a form OF proceeding, by which the
main question in dispute the legal right II the traction
company charge straight hve-cent fare, might be
taken before Judge Bradford for decision. te
That stipulation has been laid before the Pub
wiser the City Solicitor He has assured them that in
his opinion, all right and that properly
the interests Of the city Notwithstanding that
apce from the duly delegated legal adviser of the
commission, intimation IS given that certain members
Of he commission will reject his advice and refuse TO
sign the stipulation framed to permit OF the contro-
Versy being taken into court and settled definitely.
The understanding is that they object particularly
to Section g. in which 1t is admitted and agreed that
all the complanans existing de aro corporations,
duly organized under their respective charters and all
amendments thereto; ,hat certain contract referred
TO executed in due form; that all Of the exhibits
attached TO the bin Of complaint may rc referred to
and used without further proof and without formal
tender Of proof evidence in the case and that the
Wilmington City Railway Company the Front
and Union Streets Railway. Company and the Whining
ton-Idge Moor Electric Railway Company had the right
and power TO make and that the Wilmingt and Pha-
delphia Traction Company had the power to accept
and enter into the contracts offered exhibits in the
and attached to the hill of complaint Seemingly
sight is lost Of the fact that the end the section
complained Of there is saving clause which reads:
"But this stipulation shall IN no way affect the con-
sructon Of said contracts the judicial deermina-
tion Of the legal effect thereof"
If the attitude Of certain OF the commissioners has
been represented Alright the anomalous situation ex-
lists Of laymen being disposed reject the advice of
their oTn lawyer upon strictly legal matters in the
correct Interpretation of which his professional and
official reputation is involved One would think that
assurance given by the City Solicitor that legal paper
is all right and not inimical to the interests the city
would be sufficient warrsn for the Public Utility Com
missioner to sign it without hesitation thus clearing
the Sas for him to go alto court and proceed
With the work Of having the vexed sripcket question
settled II is not customary lay client to interpret
the law for his counsel TO tell him in what form
10 draw his papers or 10 conduct his case. We think
that is an important fact for the Public Utility Com
10 hear IN min Va,o.
ierred to comes before them for final consideration and
action.