Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1918-06-14
Hearing Today On Application to
Enjoin Enforcement of In
creased Charge.
OPPONENTS WANT
OLD RATE RESTORED
Declare That They Were Not
Willing to Compromise on
Six Cents.
COUNCIL MEETS TONIGHT

S,1r,erior Court called in special session
10 consider the matter of the Seven-cent
3rfare order made by the Board of Public
Utility Commissioners IN favor of the
Wilmington Il Philadelphia Traction Co.
sat tins morning In Court Room No
"a hear an application from the organ-
lations and individuals fighting the fare
increase, for court mandate preventing
further operation of the seven-cent order
hy the company until the case has been
heard and decided upon it's merits
And while all this was going on there
was a further development IN the situation
nothing less indeed than decision upon
the part of the opposition to nail IT'S
colors 10 the mast for tive-cent fare, and
not even to think Of compromising upon
a six-cent basis. for which pretty much
everybody was willing TO stand when the
toatter of an increase of fares frst came
IN the fore.
The morning session Of court asted
about an hour and q half, most Of the tune
being taken UP by discussion concerning
which was the real appellee in the case
the Board OF Public tility commissioners
or the Wilmington and Philadelphia
Traction Co Ii was the latter, he con-
tended and as such had not properly been
notified Of the opposition : appeal and
therefore, not properly summoned 10 court
and in no position to make answer, court
took a recess at II 40 clock until , with
he appellee question still undecided
The proceedings in court this morning
drew a considerable audience of citizens,
officers OF civic organizations. lawyers and
others Herbert H Ward and Andrew g.
tirav, Of Ward Gray Il Neary, counsel
FOR the Traction Co, were early in court,
~ also was City Solicitor Bayard, on
behalf of the Board OF Public Utility
commissioners, and Robert @. Hartman,
representing the petitioners.
hief Justice Pennewill and Judges Rice
and Heisel, constituting the court. took
their places on the bench shortly after / /
a'cia.k the crier declared the court open
ard BUSINESS was at once begun. Among
he interested spectators behind the RAIL
ing OF the bar enclosure was Richard {.
NcMullen, the president Of the COM
mission, whose acts were 70 be under
review
Robert G. Hartman, counsel for the
Voters Non-Partisan League, the Central
Labor Union and other organizations and
individuals IN opposition 70 the order,
which latter included members of Council.
arose and read the call for the special
session, which order he obtained on Satur-
Dover, later securing advancement Of the
date OF sitting from June "a until today
COURTS AUTHORITY.
Continuing. Mr. Hartman read that
portion of the act creating the Board OF
Public Utility Commissioners, relating
% appeals from It's orders and setting
forth that such appeals shall be made to
he Superior Court which is authorized
alterations or amendments as II NAV
deem iust and reasonable, and 10 have
power 10 grant STAYS Of opinion of the
board orders, should it see fit either with
or without conditions. The present, Mr.
Hartman sand Was the first time the court
had been asked 10 act concerning the
dolngs Of the board.
SAME AS CHANCERY PETITION
Mr. Harman then proceeded to read has
application for a stay. The documen,
reached virtually the same allegations as
made In the petition filed IN the Court Of
Chancery-inabiilty on the part of the
Wilmington d Philadelphia Traction Co
20 charge legally more than a fIVe-crnt
fare, lack OF power on the part Of the
Board of Utility Commissioners to grant
an order permitting the Traction 60. 80
rais,p It's fare. bad faith on the part Of ht
commissioners IN granting the order
knowing the Traction Co StOrk 10 be
highly watered and the common stock
To be unpaid for and capable Of beng
made TO pay more than sufficient money
for the company's operation, knowing
that Clarence II Holt one Of the mem
bers of the board. was not legally qualified
by residence TO vote upon the passage of
the order, knowing the seven-cent order
10 be unfair and not Of honest discretion
and judgment. The application wound up
with the usual prayer for relief
PROCEEDING QUESTIONED
No sooner had Mr. Hartman finished
than Mr.. Bayard, for the Utility Com
rDissioners. asked if the appeal filed by
MIR. Hartman properly set forth the order
appealed from, a. required by the statute
creating the board arguing that II should
contain the text of the order actually set
forth.
Chief Justice Pennewili, after con
siitation with Judges Rice and HeISei,
said the court was of the opinion that the
appeal complied with the law In tins
Continuing, Mr. Bayard argued that
1t was quite improper 70 ask Tor stay
under the circumstances and attacked
the character of the petition Us filed by
Mr. Hartman Anybody, ne sald, o)utu
come into court and make statements Of
= scandaIotls nature against the board but
under the condition upon which i was
attacked In the petition 1t had no means
Or method Of reply.
A stay, Mr.. Bayard proceeded. should
only be granted on the record Of the
actions which will duly come up certified
when the case Is heard on its merits It
should not be granted today because the
appeal does not set up the proper facts,
he said and Mr.. Hartman should base ms
appeal actually on transcript Of the
court order
The court replied that the merits Of the
case were not under consideration, but
only the matter Of request for stay.
At this point Mr.. Ward took a hand
in the proceedings. lie said tho Whining
ton &, Philadelphia Traction Go was only
Ii court on notice from Mr.. Hartman, that