Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-01-13
BUS COMPANY CAN
RUN CARS ANYWAY
Counsel Files Brief, Showing
How Franchise Refusal May
Be Overcome.
Especial to the Newark star.I


SUMMIT, Jan. 13.-That the Trl-
County Power and Traction Company
may operate storage battery buses,
for which operation the corporation
need not obtain the permission of
this city's governing body unless a
more favorable franchise is granted
the company for the proposed track
less trolley line, is made plain in
brief filed with Common Council by
j. b. r. Smith, counsel for the cor
poration.
President Corpin, OF the council,
last night said that the points set
forth by the corporations counsel
had been informally considered.
Mr.. Corbin declared he could not
define the attitude of his colleagues
relative to compromising with the
company on some of the provisions
of the franchise which the company
has rejected. Neither could the coun-
ell president say whether the matter
would be taken up at the next meet
ing of the council.
AS has been told the company pro-
poses to operate trackless trolley
between this city and Stirling, dis
lance of about seven miles.
or the provision in the franchise
offered the company covering a period
OF fifteen years. the corporations
counsel says in the brief:
No Profit in Short Lease.
This the company cannot accept
for the princi,5al reason famone
MANY minor onae, th,t' - oa,y,nt
rea CO.., ~, ,,,,,.,a el-l -,
4iiseslois eiis'e WIN
~ snole lelIn the investment coulu
De mace profitable. 1t is claimed the
city's interests must be protected, but
this is no more true than that the
investors interests must he protect-
ed. I am authorized to saw that If
the city of Summit or any other cor
poration can supply such transpor
tation under the terms of the nro-,
posed franchise, the present company
will gladly withdraw and support the
new movement to the extent of its
liability. It Is argued in behalf Of a
fifteen year franchise that only a
small investment will be necessary.
Should investments be jeopardize0
because they are small? Certain it is
that we will not ask persons to in
vest in such a propositions"
AS to the operation nf storage hit
terry. buses, Mr.. Smith says: I'm
deed, If the company was uisDosed
eney coulu possiply, even probably,
batterv h,,ssas ~ nc us -. y. 70 .e-
and under the a,Itomobile law nae3
not ask permission of the citv TO
operate them. That would be tanta-
mount TO requiring West Summit
pJople 70 pay zen cents Tor a service
GET FOR fiva cents L,'i.h INA. my eou :,
Referring TO tbe non-asignabiiit
clause in the rejected franchise the
company's counsel submits:
1T is well known that any fran
chise to operate a traclxless trolIev
could not. by any possjbjlitv convey
any power to operate a rail trolley
When. if ever. it becomes necessary
to change from a railless to rail
trolley a new franchise. under one OF
the street railway acts. would he
necessary, subject to councilmanic
consent. The only thing that anv
company to whom the nroposed fran
chise might be assigned might do is
Just what is proposed and, set ONT in
the franchise Stock and bondholders
should not be deprived OF anv bene.
fits there might be from the posses-
sion of sllch a franchise aitbar Il, ~