Evening journal., 1918-05-18
Continued from Flrst PAGE

opinion and consider The proposition Of
the Westinghouse Company.
Following is the text Of Mr.. Bay
ards opinion.
May "a, 1918.
Richard c. MtMullen, Esq Chairman.
Board NJ Public Utility Commission
ers, City Hall, City
Dear slr--ln reply to the letter OF the
secretary Of your board. Of the sth inst.
requesting that I give your board my
opinion as TO is jurisdiction and power
10 grant the increase in the trolley fare
from i've 10 six cents in the city OF vii
mington as requested in the petition OF
the Wilmington and Philadelphia Trac-
ton Company OF the 9Th inst, beg to
state as follows
/ The facts in tho case show that the
Wilmington. and Philadelphia Traction
Company is the lessee Of the Whining
ton City Railway Company, the Front
and Union Streets Railway COMPANY
the Wilmington and Edge Moor Electric
Company, the Gordon Heights Railway
Company. and The New Castle and Della
ware City Railway Company all Della
ware corpOratiOnsl and operates all OF
said companies as one concern within
and without the city OF Wilmington. in
New Castle county. in this state
BY an amendment 10 the charter Of
the Wilmington City Railway Company
| lChapter 1877 Volume 10, Laws Of Della
ware IT is provided The said company
shall not at any time be allowed to
charge a greater amount than fve cents
for any fare OF ticket or ride in their
cars through said city Again, the
charter OF the Front and Union Streets
Railway Company shows that its char
ter was amended Chapter iss. Volume
H. Lows OF Delaware inter alin by the
following provision, And the said COM
pany shall not any time be allowed 10
icharge a greater amount than five cents
for any ono fare or ticket or ride in
their cars through said city In regard
TO ihe other companies above enumer-
ated, there Is no such provision in re-
gard 10 a stated fare TO be charged, and
undoubtedly so far az these other com
panies are concerned, as I will show
later, your commission has tull juris-
diction and power, upon proper appli-
cation being made 10 conduct hearings
and to make such recommendations and
orders az u may deem proper concern
ing such rates.
This leaves for discussion the ques-
ton az TO whether or not the amend
ments to the Wilmington and City Rail
way Co. charter and the Front & Union
Streets Railway Co. charter are in con
temptation Of Law In the nature Of a
contract which cannot he mpugncd
upon either by the State Itself, which
granted the charter, or any agency
thereof
When the charters Of these two last
companies were granted by the Legs-
lalure. the Constitution Of Delaware OF
1881 was then I'm force. and Article 2,
Section i7 thereof which provided for
the granting OF charters by the Legisla-
ture, contained the following No act
OF Incorporation, except for the renew
al ~ existing corporations, shall be
/ hereafter enacted without the concur
renee OF two-thirds OF each branch OF
the Legislature, and with a reserved
power af revocation by the Legisla-
ture.' The question then presented is ;
Had and has the Legislature power
either through lbs own action or
through the action Of its duly author
lied agent. to change or amend the
charter of either OF these two compa-
nies under the section Of the Consutu-
tion OF 1891 above quoted
A most learned and exhaustive dis
cussion OF the power Of the Legisia-
/ ture OF 1891, above quoted. is found In
the case OF the Wilmington City Rail
way Co. vs.. the Wilmington & Brandy
wine Springs Railway Co, Z Delaware
Chancery i6s. passing upon a leglsla-
tive change in the charter OF one Of the
same corporations now under discus
sion. The chancellor held that the
plain. logical Interpretation OF the
phrase. Reserved power Of revocation
by the legislature to mean the power
10 rev Oke at the pleasure Of the Legls-I
lature any or an OF the franchises
granted TO corporation: The power TO
recall all the rights, privileges or fran
chises granted 30 a corporation. or any
number less than all or any single
right, privilege or franchise; that u
cannot mean less than the power to
alter amend or repeal" the charter
So. therefore. we have the interpreta-
tion OF this portion OF the Constitu-
tlon OF 1894 fully explained by the
court and held 10 mean that The state
has the right TO amend, alter or re-
neal" a charter and this Interpretation
would apply TO the amended charters
OF the Wilmington City Railway Co
and the Front & Union streets Railway
Go. This particular case TO which
have made reference. while Il has not
been taken 10 our Supreme Court In
this state for review, has not been
questioned by the bench or har since
II was rendered upwards OF rs years
ago and may therefore, he taken as
conclusive OF the law in this State on
this point
I'm recent years. there have been
established in this country either state
or city boards of public utility conf
missions, all OF them with pretty much
tho same general powers. and an Of
them for the same purpose, and that
Ia. that there shall be some tribunal
with FUN power to so supervise the
operation Of public utility corporations
that. FIRST. the corporation shah furnish
broper. adequate and safe accommoda
tion and service. and the same shall not
he uniustly discriminatory or prefer
ential 10 the community served and
second. that in return for such ser-
vice the corporstioi shall receive a fair
return from the public using IFS ser
vices by a schedule OF rates OF charges
FOR its services. which should be a rea-
souable reWrn upon the value Of the
property actually employed in the pub
lic serN icc and 10 provide a reserve for
surplus and contingencies. p. 4. r.
1854 249 '29n
Your board. as a duly created agency.
Of the state. Is clothed under the terms
~ xshfoh haV. hovofofo~c bcnn ovo,