Every evening, Wilmington daily commercial., 1918-07-03


RIGHT to make the order allowing the
Wilmington X Philadelphia Traction 20.
10 raise It's rate of cartare m the city 10
seven cents was possessed by the Board
of Public Utility Commissioners as part
OF the powers granted to It by the ac'
of legislature which brought It INTO exist
ence.
This was the decision handed down this
morning by Chief Justice Pennewili ana
Judges Rice and Heisel, sitting as spc-
cial session of Superior Court. IL makes
the order legal. therefore in the sense that
the utility commissioners posSesSed tne
mower to act as thcv did, bat it does not
settIe whether the order was based upon
nror,er grounds. in other words, It does
moi settle the merits Of the seycn-cent
carfare situation
Immediately after the court had handed
down its opinion and the opposition 7"
the order knew that the first hig step IN
the fight against the scven-cent fare
proposition had been lost, the court WAS
asked to set a date for hearing IN the
case and require the traction company TO
produce its accounts and books IN order
that the whole situation might be re
viewed Robert c. / arman, counSeI Tor
the opposition. declared With vehemcnce
and warmth that upon no other basis could
the merits nf the case be properly gone
into. that the record which otherwise
would be handed up for review by the
court would be one looked up by the
traction company and that would not he
satisfactory. and what was necessary
was to get at the real facts. not only IN
the matter Of raise IN rates 10 SIN cents,
hut in the further matter Of raise IRON
6 cents TO 4 Herbert II. ard and
Andrew GRAY, for the traction company,
and City Solicitor Bayard answered Nlr.
Harmans argument, and decIara1 me
utility commissioners record was the
only reasonable one for the court re-
view. Then the question arose as 10
whether there had been sufficient hearing
upon the 7-cent proposition by the Gem
rnissioners. and finally the whole matter
Vas left over untll this afternoon Tor
decision. the court desiring time Tor
conference together upon the subject,
WHAT COURTS OPINION SAYS.
The court opinion. among other
things. quotes the law creating the Pubic
Utility Commission, which says M
board shall have power. after
hearing upon notice, TO hear ara
examine complaints concerning rates
charged by any such public utility a'
hereinafter defined, and to make such
recommendations and orders as It may
deem proper concerning such rates
The court holds that in the pending
case tho Legislature created a State
agency and invested that body witt
power 10 perform legislative act. VIZ; 70
regulate the rates that city railways
should charge
Undoubtedly. the court says, the
important. indeed. the vital question II
the present case Is tins. Was he statutory
provision which fixed the maximum fare
that railway companies should charge, at
five cents. a contract or a mere regulation
or condition. subject TO the police power
OF the State? In most States. ard
notably in New Jersey, every dourt IL
such controversies Is resolved IN favor OF
the police power, and stipulation re-
speeding the rate OF fare TO be charged By
q rail way company IN statute or
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