Every evening, Wilmington daily commercial., 1918-05-18
UTILITY BOARD HAS RIGHT
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the Wilmington & Philadelphia Traction
Co. of the 9th inst, ! beg to state as
follows.
The facts in the case show that the
Wilmington & Philadelphia Traction Co
ls the lessee Of the Wilmington City Rail
way Co. the Front and Union Streets
Railway Co, the Wilmington & Edge
Moor Electric Railway Co, the Gordon
Heights Railway Co, and the New Castle
& Delaware City Railway Go. (all Della
ware corporations) 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 to the charter OF the
Wilmington City Railway Go. Chapter
1877, Volume 10, Laws of Delaware) it is
provided The said company shall not Mt
anv time be allowed to charge greater
amount than five cents for any fare or
ticket or ride in their cars through SAID
city" Again. the charter of the Front
and Union Street Railway Co. shows that
its charter was amended Chapter 1873,
Volume 10, Laws Of Delawarc) inter ala
by the following provision, And the SAID
company shall not at any time be allowed
To charge a greater amount than 1--we
cents for any one fare or ticket or ride IN
their cars through SAID city In regard
to the other companies above enumerated
there is no such provision IN regMd To a
stated fare To bc charged. and undoubtedly
80 far "a these other companies are con
cerned. as | will show later, your com
mission has full jurisdiction and power,
upon proper application icing made, To
conduct hearings and 10 make such recon-
proper concerning such rates
This leaves for discussion the question
as TO whether or not the amendments To
the Wilmington and City Railway 90
charter and the Front " MON Street
Railway Co charter are IN contemplation
Of law in the nature OF contract which
cannot bc impingcd upon either by the
State itself, winch granted the charter, or
anv agency thereof
When the charters Of these two last
companies were granted by the Legs
laturp, the Constitution Of Delaware OF
1881 was then in force, and Article :,
Section II thereof, which provided for the
granting of charters hv the Legislature,
contained the following No act of IN
corporation, except for the renewal 0t
existing corporations, shall he hereafter
enacted without the concurrence 81 two
thirds Of each branch of the Legislature
and with reserved power OF revocation
by the Legislature The question then
presented IS Had and has the Legislature
power either through rs own action oi
through the action Of its duly authorized
agent. 10 change or amend the charter 81
either of these two companies under The
section Of the Constitution Of 1881 above
quoted
\ most learned and exhaustive dis
cussion OF the power OF the Legislature
under that portion of the constitution @
1871, above quoted, is found III the case
!. of the Wilmington CITY Railway q y
tho Wilmington & BrandywIne Sprlng'
Railway Co, Delaware Ghancery lbs
passing upon legislative change m tht
charter Of one OF the Same corporations
now under discussion The Ghanecllol
held that the plain. logical interpretation
of the phrase, Reserved power Of reyo
/ cation by the Legislature 10 mean th'
power 10 revoke at the pleasure 0i th'
/ Legislature, any or all Of the franchise!
granted to a corporation: The power t
recall all the rights. privileges or iran
chiscs granted to a corporation, or an
number less than all, or any SINGLE right
privilege or franchise, that II canno
mean less lnaD the power ~ hiGti aiiitAe
or repeal the charter So therefore, "
have the Interpretation of this portion O
the Constitution Of 1881 fully explalne'
hv the court and held to mean that tn
State has the right to amend alter o
repeal charter, and this mterpretatio
would apply to the amended charters c
the Wilmington City Railway Co. and tn
Front & Union Streets Railway Co. Tn
particular case to which | have mad
reference. while it has not been taken
our supreme Court in tins State for n
view. has not BEEN questioned hy Il
| bench or bar since il was rendered u
wards OF Is years ago and may, tn r Tor
he taken as conclusive OF the law ia IN
State on this point.
In recent years. there have been esta
Iished in this country either State or q
boards Of public utility commissions, {