Evening journal., 1918-06-20
Trolley FARE TALK
Without OFFICIALS
Utilities Comm issioners
! Absent Then selves While
Question is Before Court
FIGHT JUST BEGUN.
ROBERTSON SAYS

NODEK SON SA i )
Members Of the Board OF Public Utili-
ties Commissioners 'refralned from at
tending the session OF City Council last
night to discuss the action OF the Utili-
ties Commission I'm granting the VIII
mlngion and Philadelphia Traction
Company the right to increase street
car fares from i've 10 seven cents. II
was announced by Councilman Robert
son that the fight had just begun.
Previous TO the meeting the Council
man held a lengthy conference in a
committee room. After waiting until
s.35 o'clock for the Utilities Commits
I sioners TO arrive, the meeting was
opened by President OF Council Lyon.
] Walter J. Durham. secretary TO Mayor
I Lawson and secretary OF the Utilities
| Board, approached Councilman Robert
son and handed him a communication.
! Mr. Robertson stated that he had re-
ceyed a letter through Homer @. Sim
mons, clerk OF Council, from c. ID. Gar
retsOn, a member OF the Utilities Com
mission, which he desired TO read. Mr..
Durham interrupted him saying from
Mr.. McNiullen." This caused Councilman
Robertson TO reply in a loud voice,
"Mr. GarretsOn, I said"
The letter from Mr.. Garetson which
set forth four reasons for his nom
appearance, was read and was as fol-
lows:
wilmington. Del. June 10. 1918.
] q ~
Council. Wilmington. Del.
Dear Sir; have received from the
| City Council a notice or summons TO
appear at a meeting OF the City Coun-
cil this evening, and this Is TO inform
you that ] shall not be able TO attend
/ for the following reasons;
"i. Assuming that have been noti-
fed 90 attend for a continuation OF the
/ questioning OF the members OF The
Board OF Public Utility Commissioners
OF this city. I have been advised by
counsel that such questioning is nol
Lsvlth respect 90 a matter affecting the
municipality as contemplated by th'
statute.
20. have also been advised that Cit!
Council has no power or jurisdiction L
call In question the acts Of the Boar
OF Public Utility Commissioners or th'
reasons and motives impelling the In
dlvidual members Of such board TO th'
conclusions and decisions reached b,
the board.
- Since the beginning OF the present
proceedings by the City Council, an ap-
/ peal has been taken 20 the Superior
Court OF this State. in which appeal al
the members OF City Council have
Joined and the Board OF Public Utilit.
| Commissioners has been made a party
and | have been advised. that, pending
this appeal. II is improper for me, as
member Of the Board OF Public Utility
| Commissioners, TO discuss or comment
upon the action OF the board in the
matter concerning which the City
/ Council Is attempting TO inquire or 70
make any comment or enter into any
controversy with respect to the same.
"a. Since the last meeting Of the City
Council, at which / was present, my
attention has been called TO a recent
decision Of the Supreme Court OF the
United States holding that newspaper
discussion OF a similar matter, while
pending IN the courts Of Ohio, consti-
tuted q contempt Of the court, in which
case the newspaper indulging in the
discussion was tried. convicted and
fined for contempt. And such punish
ment was finally sustained by the Su-
preme Court Of the United States. Inas-
much as public verbal discussion and
comment about the matter would be
equally a contempt OF the court. ] am
not willing 10 put myself in the posi-
tion Of being considered guilty Of a
contempt Of the Superior Court Of this
State, in which court the present mat
ter is now pending on appeal.
II had been advised Of all the above
enumerated reasons, except the last.
prior 10 the last meeting OF Council,
but desiring 10 be as courteous as pos
sible TO the Council. attended the last
meeting. Inasmuch. however, as the
Superior Court Of this State has now
actually taken jurisdiction Of the pend
Ing appeal. feel II my duty TO refrain
from all further discussion OF the de-
cision Of the Board of Public Utility
Commissioners and will request you TO
inform the City Council accordingly.
"Yours respectfully.
&C. d GARRFTSoN"
After the letter had been read Mr..
Robertson stated that the question as
TO the legality OF these men being pres
ent would be attended TO later. When
asked at the close Of the meeting what
he meant by that statement or wha.
Council proposed TO do. he refused TO
say. Mr.. Robertson then read a state
ment prepared by himself which was
as follows:
June 10, 1918.
''Mr. President. Members OF City Coun-
Gil and Gentlemen:
Before proceeding with our investl-
cation this evening, It Will be help
full to review briefly the facts brought
out during the proceedings OF the last
two meetings which the Public Util-
ity Commissioners have attended.
Those of you who were present at
last Fridays meeting. were perhaps
Interested as well as surprised at the
statement written and read by Mr.
Garretson. quote from this statement
the following paragraph:
lin making our recent investiga-
tion upon the application for increased