Evening journal., 1918-05-18
Says Utilities Board
Can Grant Carfare Raist

among them is The powsd TO promul-
gate orders, the effect of whish would
be TO vary or even change the terms Of
a charter granted either by the Lcgls-
lsture itself or under the General Cor
poration law all Of which powers
would come under the head OF what is
known as police powers" which may
be exercised either by The state Itself
acting through the Legislature. or
through some legally constituted agency
of the State.
Tho authorities. and they are 20
numerous that J shall not quote them,
uniformly hold that when the state in
tbe exercise OF its police powers. seeks
to remedy q condition within its Dor
ders, IL has undoubtcd and fun power
to pass the necessary legislation: and.
II need be, change, alter or amend any
corporate charter Heretofore granted,
by so doing
The act chapter 26, Volume PC, Laws
OF Delaware creating your board was
approved March 20, 1911, twenty years
subsequent TO the acts amending tho
charters OF the two last mentioned rail-
way companies in regard to the five
cent fare charged, and II is an act cover
ing police powers Of the State; so that
even though we did not have the de-
clsion OF the Chancellor in the case
above quoted we would have ample and
uniform authority showing that the
State would have full power in exercls-
ing Its police powers 10 amend any
charter Heretofore granted
The fact that the Legislature saw NJ
by these charter amendments to estab-
lsh a rate Of i've cents is an undoubted
Instance OF its authority so 10 do under
the police powers" Of the Stale: and.
II 10 can establish q rate, II would nee
cssarily follow that 10 could change the
rate under these same police pow ers
when tho necessities Of the case so de-
manded Your board, among other
things, has the power 20 hear and ex-
anime complaints concerning rates
charged by any public utility az defined
in tho act and 10 make such recommen-
dations and orders az n may deem
proper the act creating it, with certain
powers concerning such rates. and, un-
der ihis power 80 given as a duly and
legally organized agency Of the State, Il
has full power to act in the case now
before YOU
am Of tho opinion. and so report TO
YOU, that after a FUN examination and
hearing upon the petition nled by the
Wilmington & Philadelphia TRACTION
Company on the 9th inst Your board
has full and ample authority to allow
the Wilmington & Philadelphia Trac-
tion Company TO increase It's rate from
1--WE cents TO six cents Tor the trans
portation OF passengers within the city
OF Wilmington upon all OF tho railways
which ID operates. II in the opinion "
your board the facts presented warrant
such action
ind that a careful examination Of
The many cases ! have read in connec-
ton with this matter shows In the re-
ports OF the actions Of the public util-
ity commissions throughout the coun-
try and Of The courts Of The states
whom appeal is taken thereto. that when
a change in rates is granted for proper
cause shown The order directing such
change generally contains a clause
specifying a definite term during which
such change will be in operation: end
that upon the termination OF the period
set forth In the order. further applica-
ton may ba made for q continuance OF
the order or the commission may Of
IFS own motlon continue the order upon
its own examination of the facts in the
case.
Very respectfully.
Thomas f. Bayard
City solicitor.