Evening journal., 1914-01-21

said order of September 1st 1911,
had Il been issued by said defendants
after their full hearing and consider
alton of all the facts and principles
of law as the same shall be present
ed, upon final hearing of this cause,
before this Court and
Whereas since the filing of the Bill
of Complaint in this cause the terms
of Office upon said Board of Henry
NJ Taylor. Samuel G. Cleaver and C.
Frederick Bacher have terminated
and said vacancies upon said Board
80 resulting have been filled by the
appointment of j. Ralph Baily, Cor
nelius ID. Garretson and Richard C.
McMullen respectively TO membership
upon said Board, so that said Board
now consists of j. Ralph Baily, Cor
nelius ID. Garretson, Joseph Jackson
Peirce, William n. Vance and Rich
ard C.. McMullen; and
Whereas the defendants have not
yet pleaded. answered or demurred
to the Bill of Complaint in said
cause.
Now Therefore it is stipulated and
agreed by and between the complain
ants and defendants. by their respec-
tive solicitors of record;
() That j. Ralph Baily. Cornelius
ID. Garretson and Richard c. McMui-
len be substituted In said cause as
parties defendant in lieu of Henry
NJ. Taylor Samuel G. Cleaver and g.
/ Frederick Bacher: that the title OF
said cause. the Bill of Complaint. and
/ all proceedings. process and orders
I'm said cause be deemed to be amend
ed accordingly; and that said cause
I shall proceed i'm future against J.
Ralph Baily Cornelius ID. Garretaon,
Joseph Jackson peirce, William II.
Vance and Richard G. McMullen, con-
stituting and being the Board Of Pub
lie Utility Commissioners for the City
OF Wilmington. defendants.
f2l That, notwithstanding the de-
fault of the defendants In pleading
to the Bill of Complaint in said
cause, said defendants shall, with the
leave of the Court. and within such
time as the Court shall upon due mo-
ton fix, answer the said Bill of Conn.,
plant
a3) That no evidence shall be pre-
sented either by the complainants 81
defendants upon The averments OF
subdivision c. of the ninth article OF
the Bill of Complaint In said cause
! setting up the confscatory character
A / OF the said order of said Board o
September lst. 1911, nor shah th'
Court be called upon to consider ol
pass upon said averments; the aver
. ments of said subdivision G. OF SAT-
= ninth Article Of the Bill Of Complain
are hereby, for the purpose of thi
{ cause. expressly withdrawn from tn
o consideration of the Court, and salt
defendants are hereby relieved from
making answer thereto; but this
= clause Of this stipulation shall not b.
r construed to affect In any way an,
4 other part or parts of said Bill o
r Complaint.
G (4) That this cause shall in du
Z course proceed to final hearing, upol
Z ! Bill. Answer, Replication and Evl
!, dence adduced, and that the respec
r. tive rights, In equity, of the com
p plainants and defendants, arising ou
a OF the issues of fact and law present
}, ed the case so made and appearing
& 81 !, consistently with this stipula
= ito be tried and determined upo
d such final hearing. anything In sal
Bill to the contrary notwithstanding
d as II there had been a presentauo
/ of the facts and law amounting
i- due process Of law upon prope
# complaint to and before said d.
# PENDANTS, constituting said Board, b
l. fore, and as basis for, it's said orde
s (5) That the preliminary injun'
e ton therefore issued in said caus
shall continue in force against III
d substituted parties defendant an
ID their successors in Office, until II
" final determination of the cause
s. this Court.
e. Co That the defendants, as mod
lie Continued on Second Page.