Every evening, Wilmington daily commercial., 1918-06-24
CARFARE FIGHT ARGUED
Continued from phss !

of the draftces march past the Public
Pnilding had ceased, Andrew &. Gray,
of counsel for the company, entered,
followed few minutes later by Herbeft
II Ward and stll little later by City
Solicitor Thomas T Paysrd, representing
the commissioners
Although IL was Unlikely that the morn
irg session would be developed ~ any
thing but unravelling some knotfy To-"
points. or that wltnesses would be eK-
aunned. there was n fnir Attendance m
court al the opening nf the day Among
them were lawyers and citizens, the former
interested ia the matter professionally
because indications were that many
interesting questions would arise, and the
latter Interested because their pocket
books were involved OF the tilIty
Commission Itself, Chairman McMuIhn
aud commissioner ttarrctson were present.
Warden Cross 0f tho Now astlc
County Workhouse WAS also IN court
very attentive listener on behalf oi the
citizens of Brack-cx t,reenbank, Marshall
ton, etc. whose ftafc e soreness over
the seven-cent order ~ easily under
stood where it X reflected that fares along
that line to The Springs and Marshailton
are up Tremendously, in some instances
, close up : , 80 per cent.
otRb JuRsDIcTIoS arEsTloNEp
When court opened with Chief Justice
Penncwill and Judges Rice and Heisel
/ sitting the hour was i040 Mr. Harman,
| for hc opposition said the first matter he
wished 20 bring to he court = attention
/ was he question uf whether the Board ot
/ Public Utility Commissonerg mad the
authority and jurisdiction 10 DO what i
/ did The opposition which he represented,
/ ~ H. Il hot
| no such power vas vested in tho board
! Il was his desire 70 get this matter Settled
| before proceeding INTO any other phases
! of he question and ~ have y 7ettled
with dehnitivcncss 70 this end ho
moved that the court sit en- banc hat
/ y. the court as constituted ny atl - mo
/ nldges ,hls afternoon hcar argument
and pass judgment
Chef Jus'ice PcnnewIll told Nr iisr
man that such session his afternoon
ssa= not A possibility because two mem
! borq ~ tho judiciary. Judges Conrad and
| Povco arc engaged down-@ts'c bearing
| cases and could not ge' here for several
| days. doubtless vcck
Mr. Gray for the company, sad r.
and nis colleague Mr. Ward. had NJ
| objection ~ having tho matter hoard ny
the court en- banc provided j wrre 'his
| afternoon Thev wcre eager ~ have a
decision phich should he fnal regarding
the powers n he Board ~ Pubic ! tllifY
i commissioners. hut they did not wish Z"
wait rs long rs A vcek 10 20 On With the
| case
The court saId hat under those CIR
clInstances there was nothing 70 do bn'
| proceed As the court vas then con-
stifuted and not en- banc
Mr Harrnan then fired The first Uin
of the fight by taking up hIs argument -
tho effect that the BOARD ~ tihty ON
rnissioners had no power 70 change the
traction companv's rate ~ raTfare or 70
grant II the right 20 change u. Flrsf
hc read the act treating the board lay
ing specIal ernphagis on the section sec-
tlon of the act setting forth the COM
nisaoners powers.
He declared that this section did not
grant the commissioners the rlght and
functions Il had assumed p making the
seven-cent order. and brought forward ~
support of this citations 81 number n
cases bearing upon ne conierrlng q
| powers upon commissions and boards
1T legislatures that create them He
had been through a great number of
court reports he said, and had found only
4 fen cases having bearing upon he
matter IN hand Three cases of those ne
had come across gave power 70 puDllc
utility boards 10 10 acts similar 10 effect
10 the act 81 the local board, and one
had not BIZ these three cases involved
circumstances where ne act of Legislature
delegated IT, powers n express terms
concerning Whlch here could 1c n6
cqmvocatIon
Conierrai oi -uch powers a. ne Boarc
II Public .tIIity commissioners nae
exercised must come Mr. Harman Renl
on. directly and not by mplcation
This directness. he declared, vas not
,reSent in the act creating the board
Besides. he continued, he traction com
pany had tself taken me position thai
The board had no right to lower the rate
III fare when it fought out the strip ticket
question some time ago IN the Fedora
Court II then took the same view
that the commission has no POKER e
regulate such rates-as he vas taxing
at that moment
POWERS OF THE BOARD.
Mr.. Bayard vas next TO speak. Tax
ing up the cudgels, he argued that h'
legislature had perfect right and power &
delegate authority TO the commission q
Tx rates in such . way as was done IN ne
>even-,ent fare matter and he tool
direct issue with Mr.. Harnan Is TO n
proper Interpretation of the act phrase
ology He could not SEE hat II was pos
,ible IN any other WAY % read the ac
han that Il gave the COMMISSIONERS an
fhority, after Investigation. - max,
such orders for rates as il should dee
proper.
For the company MIR Gray rooi
: the same view Of the situation - Nr
Bavard. although viewing the matte
from other angles here "ere pleni,
of decisions - support the ylea. n
,ald
Undoubtedjl he said he egi>.atlr
had a right 70 turn over - the Board .
Public Utility Commissioners a part .
it,, police power and act as is agen
IN such charter matters d, were involve,
In the rates utility company nigh
charge.
COMPANY 5 COS NrENTiON.
Nlr. GRAY brought up brief with
mart OF artillery in the shape ot decl
[ions hv various courts, including III,
Supreme Court of the United States
rom the time Of Chief Justice Marshal
to the present. in support of his corten
ton. After reading these he SAID there
could be no doubt but that the legislatures
involved IN the various citations he hat
produced had delegated SUCH part q theu
/ fsohce powers AS were involved IN making
changes in rates, to those boards anc
,bot they were thus granted authority Il