Every evening, Wilmington daily commercial., 1918-05-18

| Of them with pretty much the same general
| powers and all Of them for the same pur-
| pose. and that is, that there shall he some
| tribunal with full power to so supervise
| the operation Of public utility corporations
| that, first, the corporation shall furnish
proper. adequate and safe accommodation
and service, and the same shall not be
| unlIgtiy discriminatory or preferential 20
the community served; and aecond, that,
| in return for such service, the corporation
shall receive n fair return from the public
using it's services hy schedule OF rates or
charges for its services, which should be
reasonable return upon the value Of the
property actually employed IN the public
service and to provide a reserve for surplus
and contingencies 7. L. X. l9lSA
249 f29D.
Your board, as n duly created agency
of the State. is clothed under the terms Of
which have heretofore been exercised
solely hv the Legislature; but, neverthe-
less. it has those powers and among them
is the power To pr0mugate orders, the
effect of which would be 10 vary or even
change the terms of n charter granted
either bv the Legislature itself or under
the General Corporation law, all of which
powers would come under tho head oi
what IS known as police power, which
may be exercised either by the state itseli
acting through the Legislature, or through
some legally constituted agency II the
State
The authorities. and they arc so nurncr-
ous that shall not quote them. uniformly
hold TINT when the State IN the exercise
Of its police powers seeks 10 remedy a
condition within ITS borders, il has un-
doubted and full power to pass the ncccs-
sarv legislation; and, If need be, change,
alter or amend any corporate charter
heretofore granted by 80 doing
The Act e hapter 206, Volume 20, Laws
Of Delaware creating your board vas
approved March -. l9I ~ years subse-
qucnt TO the acts amending the charters #
| the two last mentioned railway com
panirs IN regard 10 the five cent fare
| charged and II IS an not covering police
| powers of the State. SO that even though
we did not have Tho decision Of the Chan
| cellor in the case above quoted, We would
| have ample and uniform authority showing
| that the State would have full power IN
! exercising It's police powers 70 amend any
charter thcrctofure granted
The fact that he Legislature saw FL by
| these charter amendments 10 establish a
| rate of FIVE cents Is an undouhted instance
| Of its authority 50 10 do under the pollcc
powers of the State. and If II ran cstab-
! Iish rate. ii would necessarily follow thati i
could change tho rate under these Same
! police power when the necessities ~ tho
case 50 demanded Your board. among
other things has the power to hear and
examine complaints concerning rates
| charged bY any public utihty - defined
IN the act and IL make such recommends
| lions and orders as il may deem proper
| the act creating IL with certain powcr-
| con cprnng slch rates. and under this
| power 50 gwen Us duly and legally
| organized agency of the state : has fulI
| power - set IN he case now before Won
nm II the opinion, and 20 report "a
volI that after 3 fuII examination and
hearing upon the prtiton filed hv the
on the 6th INST vour board has full aud
ample authority 70 allow the Wilmington
4 Philadelphia Traction 60 fo increase
It's rate from five cents to SIX cents tor the
transportation of passengers within the
CITY Of Wilmington upon All of the rail
WAYS winch i operates, If IN the opinion
Of your board the facts presented warrant
such action
find that 4 careful examination Of the
many cases ! have read IN connection
with this matter shows IN the reports q
the actions Of the public utility comms-
slons throughout the country and of tht
courts Of the states when appeal j. raker
| thereto tina; when a change in rates i
granted FOR proper cause shown, the ordcl
directing such change generally contains