Every evening, Wilmington daily commercial., 1918-06-25
CARFARE WARFARE
IS TO MARK TIME
UNTIL NEXT WEEK
Court to Consider Power of Com
missioners to Make Any Order
And Reconvene on July 3.
BRIEFS TO B E SUBMITTED

Does the act of the State Legislator,
creating the Board of Public Utility Com
missioners give it the right TO change the
maximum rate of fare fixed in the charter
OF a public service corporation by the
Legislature itself?
This is the big question that arose yes
terday as soon as the special session OF
Superior Court sat to consider the matter
of the order granted to the Wilmington
and Philadelphia Traction Co. by the
Board of Public Utility Commissioners
giving IL the power to raise the rate OF
carfare on its lines from five to seven cents
And when court adjourned yesterday
afternoon it still was the big question and
still unsettled after some hours of argu-
ment Court will re-convene on We'd
nesday Of next week, July 3 In the mean
time counsel on both sides OF the CON
troversy will submit further briefs for
the courts consideration. A decision Is
expected from the judges on the re-as-
sembling of court.
If they decide that the act of the Legls-
lature bringing the utility board INTO cX-
istence did not give it the power to alter
fare rates the order of the commissioners
giving the company the authority TO
charge seven cents automatically falls
necessarily mean that the public will
start right IN at the old nickel rate of
paying, because an appeal will doubt
less be taken from the court 5 decision.
which, it is understood, would act In the
nature of stay until the upper court
should finally decide the matter.
And If the court decides that the act of
Legislature did give the utility board the
power to make the order il issued the
case viii then 60 forward to conclusion IN
another way-a general threshing out Of
the whole matter In court with witnesses
and all the regular features of trial.
WHAT THE OPPOSITION HOLDS
The chief contentious Of the opposing
sides of the controversy are as follows
quoting from the briefs. the first being
from that of Robert G.. Harman, counsel
for the various organizations and in
dividuals fighting the seven-cent fare
order:
The act creating the Board Of Public
Utility Commissioners simply confers
general supervisory police powers over
public service corporations. 1t does not,
and was never intended to confer legis-
latlve powers enabling said utility board
by an order TO amend or repel the
maximum rate OF fare fixed IN the charter
OF public service corporation by an act
OF the legislature.
Below are the powers of said board
Section 4. The board is given super
vision and general supervision, over
public service corporations.
Supervision means the act of over
seeing, Inspection, superintendent
ster.
"A Can require the public service
corporation TO comply with the laws OF
thi. State relating thereto
This does not give power TO make new
lSws
''It also can require public service cor
porations to comply with any of the terms
OF the franchise under which such public
utility operates.
This does not confer power to change,
amend or repeal such franchise
"B Can require public service corpora
ton to furnish safe and adequate service
This Is simply police power.
&C Can require public service cor
porations to keep its books. records. and
documents so as TO afford an intelligent
understanding OF its business
This Is simply a police power.
I'D Can require public service cor
porations TO treat al alike and not dis
criminate.
This is simply police power
'E The utility commissioners NAV in
vesugate accidents In connection with
any such public utility
This is simply police power.
&c Can make recommendations and
see that all laws of the State and all law
full ordinances of the City of Wilmington
are complied with by such public utility.
and have the utility prosecuted for viola
ton OF the same.
This Is practically the same as "a
above, and Is simply q supervisory police
power.
IF To hear and examine complaints
concerning rates charged by anv such
public utility as herein defined, and to
make such recommendations and orders
SIS 1t may deem proper concerning such
rates.
"a public service corporation is hardly
going to make a complaint against itself
concerning rates charged BY any such
public utility.
THE language shows that al of par
'F was intended to apply TO complaints
made by individuals or Others against
public service corporations
Again, after hearing such complaints.
the utility commissioners NAV make
such recommendations and orders as it
may deem proper concerning such rates.
This means such recommendations
and orders as it may deem proper within