Evening journal., 1914-06-27
Want CAR SEAT FOR
EVERY PASSENGER
Utility Board Could Pass
Such Regulation, Solicitor
Hastings Says
COUNCIL MAY CALL
ON BOARD TO ACT

City Solicitor Daniel O, Hastings has
forwarded to City Council an opinion 20
the effect that the Board OF Public
Utilities Commissioners has jurisdiction
TO put into effect an ordinance or rega-
lation to require trolley companies to
provide seats for all passengers. Com-
Gilman Weller 4. Stovcr recently sub.
mitted 10 Council a draft of IA proposed
ordinance to require the trolley COM
panes TO furnish soats for all passen-
gers of whom fare is demanded, and
Council asked the city solicitor for an
opinion as to which city department
such a proposed ordinance should be re-
ferred for adoption The city solicitor
points out that the draft as submitted
requires changes and notifications TO
meet legal objections and TO be reason
able
The proposed ordinance and opinion
probably will be referred TO the Utilities
Board by Council.
City Solicitor Hastings opinion is:
ITO the President and members of
the City Council. Wilmington Del.
Dear sirs: am in receipt of a
letter from the clerk of Council un-
der date Of June ~ enclosing a draft
OF enclosed ordinance entitled An Or
dinance Defining Certain Nuisances,
with the request that I give my OPP
inion as to the jurisdiction OF the
Council in the matter Of passage of
such ordinance, or whether jurisdic-
fr nrursI &c nftsnrfrru
OF the Street and Sewer Department
or with the Public Utilities Commits
sion
In replying I would state; think
there is power in some department ol
the city to do generally what is pro-
posed in the ordinance as drawn. II
must be borne In mind, however. that
all ordinances must be reasonable
and / think the ordinance as framed
is Objectionable from that standpoint
Such an ordinance would have to be
drawn with a great deal of care in
order TO meet such objections. Take
/ the second section for instance
which provides that no person desir.
ing transportation upon the cars oi
any corporation operating q street
railway line within the limits Of tho
city Of Wilmington shall be kepi
waiting longer than ten minutes
/ This would have TO be altered very
considerably. While such an ordi
nance having in mind the regular
/ traffic between the hours named IN
| the ordinance might be legal and rea
sonable, such broad language as useC
in this ordinance would be unrea
sonable. for instance in cases where
a large number of people, whom thu
/ railway company could not reason
/ ably anticipate would want to ride
would suddenly appear and NOR
than fill the car which the compan.
had provided for its regular traffic
Take. for instance. an excursion
party by boat from Philadelphia al
OF whom might suddenly determine
to take a street car fOF certain points
/ in or out OF the city II would be un
reasonable to expect the company
without notice beforehand. to provide
enough cars to take care of large
number of people In an instance o
this kind
srhe statute creating the Board o
Public Utility Commissioners by Sec
tion provides that:
The said board shall have super
vision over all public utilities
operating within the limits of the
said CITY OF Wilmington.
I'm Paragraph 'B' of said section th
said board is given power to rcquir
every such public utility as herein de
fined TO furnish safe aud adequate ser
vice.
'gn my Judgment this is a matte
that Public Utilities Commission ca
control and ! do not believe, in view o
the statute creating the Board OF Pub
lie Utility Commissioners, that sue
authority is vested in any other depart
ment of the city, though I confess tina
I have some doubt about it.
whatever authority the municipalit
has ovch this subject in the absence o
the statute creating the Board of Pub
lie Utility Commissioners comes to
through its right to maintain tn
streets of the city and control the us
thereof. The control of the streets i
the City Of Wilmington many year
ago was taken from the City Counc
and placed in the Board of the Stree
and Sewer Department. and in the ali
sence of the statute creating the Boar
Of Public Utility Commissioners in m
Judgment the Street and Sewer Do
partment would have control of thi
subject.
"The result of my investigation int
this matter leads me to this conclusion
namely; That the Board of Public Util
titles Commissioners clearly has author
ity to control this subject; that tn
CITY Council has no authority what
ever; and while I am in some doub
about il, | do not believe that th
Street and Sewer Department has an
authority.
"lf such regulation is desirable fc
the city ! would strongly urge that th
action be taken by the Board of Publ
Utility Commissioners.
IF there is any further informatio
can furnish upon the subject, pleas
advise me.
Every truly yours.
Daniel o. Hastings, City Solicitor"