Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1918-06-11
BAD FAITH IS LAID
TO UTILITIES BOARD
AND TRACTION CO.
Application for Injunction De
clares Order Held Back Until
Court Quit for Summer.
FAKE" STRIKE ALLEGED

Bad faith toward the public in attempt
ing 10 make il pay the alleged indebtncs.
of the Wilmington and Philadelphia
Traction Co, IN issuing the 7-ccnt fare
order after the Superior Court had adj
lourned, In having ''connived' in q fake
strike of the traction company employees rs
pretcxt for getting an additional cent al
fare, and in employing an expert declared
t. be from company selling supplies to
the traction company, Is among the
things laid To the Board OF Utilities Com
mlsSIoners in the application tor lnJunc-
ton against the 7-ccnt cartare order
made 10 Chancellor Curtis yesterday by
Robert G. Hartman. counsel for organIza-
tons and individuals fighting the 1-ccnt
fare order.
The following are the charges set forth
"A"-rhat the said seven-Cent fare
is an unreasonable and cXtortlonate fare
not calculated upon the interest charges,
depreciation of rolling stock, receipts and
general operating expenses OF sand VII
mington and Philadelphia Traction Com
panv rs based upon an honest capltaliza-
ton Of the stock of SAID company and an
honest advertisement of the physical vaua-
ton of the plant Of SAID Wilmington and
Philadelphia Traction Co. but that
the granting of said scven-cent fare
was based upon highly 'watcred'
and, therefore, fictitious valuation and
Capitalization of stock of said corpora
ton Your compliments aver that by
taking an honest appralscment OF the
physical valuation and property and all
the capital stock issued thereupon that
said charges rs above mentioned could be
met out of the gross receipts or revenues
of SAID corporation derived from operat-
ING said ears, and. at the same time per-
NIT said company without loss, but on the
contrary, with profit To continue the pres
ent maximum tive-cent fare per passenger
for a ride as aforesaid. rs now fixed by
the charter of said corporation 10 be
maintained.
..B'-That the said Board Of Public
Utility Commissioners had, and before
the time said increased fare to seven
cents per passenger WAS by order granted
we'll know, and the chairman Of said
board has SO admitted, that the stock OF
said Wilmington and Philadelphia Irac-
ton Co. was highly watered; and yet
Board Of Public Utility Commissioners
fraudulcntly and in bad faith allowed the
SAID increased seven-cent fare
"C"-That the said Wilmington and
Philadelphia Traction Co, has issued,
and there IS now outstanding in the
possession OF the stockholders of said
corporation, a very large amount OF
common stock of said corporation, and
said common stock Is unpaid for; and
which, if paid for, would, for five or
SIX years 10 come, equal, II not exceed,
the increased fare allowed said Viii
mington and Philadelphia Traction Co
And your cofnplainants aver that the
said Board OF Public Utility Commits
aoners knew of the above facts before 1t
granted SAID Increased fare, and by grant
ing saId increased fare II is thus attempt
ing 10 make, and will make unless res
trained by this honorable court, the
travelling public, or nders upon its cars
IN said city, pay the alleged indebtedness
of said, Wilmington and Philadelphia
Traction Co. (which was the excuse OF said
corporation for asking for SAID increased
fare) which your coInplalnAnts aver
should be met and paid for by the COM
mon stockholders, as above explained,
by requiring them TO pay for their said
common stock. Your compalnants
further aver that said Board OF Pubic
Utility Commissioners III so acting and
with said knowledge, as aforesaid, acted
fradulently and IN bad faith, and are now
about 20 permit an unreasonable and
cxtortionate rate of fare TO be charged
"D'-That the SAID Board Of Pub |
lie Utility Commissioners, under and
by virtue of the act by which 1t was
created and under which 1t Is now acting,
in case ii employs experts Tor any pur-
pose in connection with Its lawful powers |
was, and Is under said act, required 10 |
employ an expert or experts IN nowlse |
Interested in or with the public service
corporation with which II was or II the |
future should be dealing, and vet the SAID |
Board OF Public Utility commissioners, TO |
get certain information relative 10 the |
above asked for increase, employed al |
agent or representative Of the WestIng- !
house Co, a corporation existing under the |
laws of the State of well know
ing al and before the time of the employ |
Inent of said Westinghouse representative /
that the Wilmington q Philadelphia Trac- /
ton Co. In the past had been buying, |
and at the present tame still continues
to buy, all its supplies from SAID West
ingnOISe corporation And your CON-
claimants aver that SAID Utility Board !
knowing the fact In employing said I
" estnghollSe representative, not only
did not act In good faith but violated
the above mentioned act.
fE"-That the SAID Board Of Public
Utility Commissioners has stated that the
bill rendered by the SAID expert employed /
as aforesaid Will be paid by the City Of
Wilmington, notwithstanding the infouua-
ton desired of and from said expert was to
be solely for the use and financial bcue-
fit Of the said Wilmington and Phila-
0elphia Traction Co. and the cause Of
employment OF said expert was on account
of the said Wilmington and Philadelphia
Traction Co, asking for the SAID right TO
make SAID increased fare, which the said
Board of Public Utility Commissioners,
as above stated, granted. And your com
plainants aver that In so doing, said
Board Of Public Utility Commissioners
has not acted In justice and in good faith
with the citizens and Taxpayers Of the
city Of Wilmington or the persons riding
In and upon cars of the said Wilmington
and Philadelphia Traction Co
'.F''-And at the time the said order
was granted one Of the members Of said
Board of Public Utility Commissioners,
Clarence II. Holt, was not legally
qualified member Of the said Board Of
lublic Utility Commissioners who, hav-
ng prior thereto, removed from his rep
sentative district i'll this city, and yet
e said Board Of Public Utility Commits