Evening journal., 1918-07-05
6-CEkT CAR FARE
FOR NEXT 6 months
If Rate Isn'tSufficient Trac-
! tion Company Will Petition
for Increase
AMENDED ORDER
GRANTED BY COURT

~
Six cent car fare was fixed by Chief
s Justice Pennewill and Judges Rice ane
Heisel, IN Superior Court, sitting IN spe'
. cial session on Wednesday afternoon
as the rate to be charged on tho cars
of the Wilmington and Philadelphia
Traction Company IN ordering 81
amendment 20 the original order OF The
Board Of Public Utility Commissioners
which granted tho company's petition
D for a seven-cent fare.
This action was taken after the court
had decided that proper notice had moi
) been given to the public OF the applica-
ton for the seyen-cent fare before II
was granted. Following this decision
counsel for the Voters Non-Partlsan
League, who Instituted the litigation,
and counsel for the Traction Company
agreed on a slx-cent fare. and so noti-
fed the court. The court then issues
the following order. amending the order
OF the utility board
"On this third day OF July, A. D.
1918, the above stated appeal having
come on for hearing upon the record
sertined TO the Superior Court; and,
Whereas, 1t appears tol the court
that upor the application OF Whining
ton and Philadelphia Traction Company
10 the Board OF Public Utility Commis-
sioners for the City Of Wilmington, for
leave to charge q six-cent fare there
was adequate notice TO the public and
hearings thereon, and that the record
30 certified TO this court fully supports
The right Of the said traction company
10 charge trolley fares at the rate OF
Blk cents: and,
"Whereas, II further appears 10 the
oourt that upon the application 10
amend the petition OF said Wilmington
and Philadelphia Traction Company
granting leave TO charge fare at the
rate Of seven cents, there was not Rde-
quate notice TO the public and hear
lngs thereon; now
Therefore, Counsel for the appeal
lants and Wilmington and Philadelphia
Fraction Company. appellee, being pres
ant and consenting thereto,
ut Is hereby ordered that the order
bf the said Board OF Public Utility
Commissioners for the city OF Whining
ION, bearing date June 3, 1913, for the
granting Of leave 10 charge q seven
cent fare, be amended and modified so
IA to permit the said Wilmington and
Philadelphia Traction Company TO
charge q straight fare OF six cents.
JAMES PENNEWlLL, Q. j.,
"HERBERT L. RICE, j.,
at. B. HEISHL, j."
At the session Of the court Wednes-
day morning the court handed down a
decision 20 the effect the Utility Board
had the proper legal authority under
The act Of the General Assembly GREAT
Ing II. TO grant the petition for a seven
cent faro, but did not then pass on the
point as 70 whether or not proper no
tice Of tho seven-cent far petition was
given the public.
Robert G.. Harman, representing the
Voters Non-Partisan League, then
argued that the case be gene into on It's
merits on appeal. He claimed the order
OF the board granting the 7-cent faro
was wholly improper, stating that the
original application Of the traction
company 10 tho board was for a six
cent fare, but that on the day Of the
hearing on the matter this application
was amended asking for a seyen-cent !
1are. not giving proper notice to the /
public OF the hearing.
City Solicitor Thomas +. Bayard, rep /
resenting the utilities board, and Her
bert II. Ward and Andrew c. Gray, Of
counsel for the traction company, con-
tsndsd that sufficient notice was given
ths public Of The hearing.
The court gave its decision on this
point at the opening Of the afternoon
session, holding that proper notice had
mot been given the public Of the hear
ing on the amendment 10 the original
application. The decision Of tho court
on this point follows
a 80
Utility Commissions manifestly con-
templates that before an order shall |
DE made regulating the rates that shall
be charged by any public utility COM
.pany. hearing shall be given to citi-
Eens respecting the complaint filed, or
a reasonable opportunity for such hear
eng. The board Is clothed with large
powers and they should be exercised
FAIRLY TO both the company and the
public. II was not intended that an
order shall be made upon information
recelyed In an exparte proceeding, or
without fair opportunity for any citl-
sen TO state his objection 20 complain
ANTS application.
THE petition presented TO tho board
by the railway companies, on May 7th,
1918, asked for the right TO increase
the rate or fare 20 six cents, and upon
that application reasonable opportunity
yves given to any one who might desire
TO be heard. but upon the amendment
30 the petition. which was presented
90 the board. June Ord, 1918, and which |
asked for the right to increase the fare
so seven cents, we are Of the opinion |
that such an opportunity was not
given.
The frst notice OF a request for a !
seven-cent fare was made to the board
by petition, on June Ord, and on the
same day decision was reached by
The board. granting said request, its
solicitor being called in and directed
TO prepare resolution showing the
findings Of tho board" based on the
following:
That an order be drawn that the