Every evening, Wilmington daily commercial., 1918-07-03
PUBLIC UTILITY BOARD


and not contract binding upon 10
State But the authorities prncticall
agree that u Is possible for the State 4
make such o contract aud whenever To
language clearly and unrnsiakably show
that such was the intention ~ the leglsla
turc, il IS binding and cannot he char ged
except ~ he rpnaent ~ the contracting
pariica
- clearly appears from the author.
ties the opinion CONTINUES, Int th'
fiying Of rates ~ be charged by publ
servicc corporations u governmental
| function and tbat # ran 30 conferred bi
| the Legislature on state agency ouch "a
y municipality or y public utility CON.
mission that when the rate has been
| fixed hv statute. il cannot br changed by
| one party. without he consent of the
other # the grnnt ~ he right clearly
and unmb.iaknhIy constitute u contract
! between he parttcf. u y wa4 not n
! contract but mere regulation, pro
| hibitIpn or condition 81 iranchiso the
! State may. under IT'S police power winch
| IS IN attribute ~ soveroigniv regulate or
| alter the rate that had beop fixed fty
statute municipal ordinance Or cofnmig-
SION order
.
Our conclusion therefore ~ that II
| thorc ~aT CONTRACT the parties thereto
could change d. provided the rights If
thc people wcro not thereby iniuriouslv
affected
On the point raised by the appellant
rs - whether The art creating The utility
board conferred upon the night ~
regulate fsrc The court rllod as follows
Il Is difficult 70 escape the ron
vtction Whom tho entire act IS con
nj 6
regulate ne chargce ~ public utility
corporations The powers given ~ The
board over public utilities ~ the city are
90 hr01d and controlling hat y ls i'm
possible 10 believe hat tho Legislature
did moi intend hat the power 10 regulate
fare@ should 10 included Bur thcre g a
provision If fho act which, % The opinion
81 fhc eouri expressly gives such powers
w bc provision 10 hesr and examine
Complaints concerning rates charged w
any pHhfic utility "a herein defined and
- make such recommendations and or-
ders re 4 ma~ dec proper concerning
sIoh rates
Nbcn the board IS gwen power ~
near complaints concerning rates charged
by r9iwav company pr other public
lt'ilty and make such ordcra ~ Il NAV
deem proper concerning -lch rates uc
must conclude hat II had he poVye- ~
charze any rate hat he Legislature could
have charged u was ynade an agency
~ le State and vested with al 'he
powcr The legislature yposzc=sed respecting
p" fixing % rates for public utilities n
the rIfr # Wilmington subject ~
course ~ tho right ~ anpoal md his
power Il gwen re think. not only ~
implication from The general and broad
< no - al, -
longliagc
4 would ~ placing upon the statute
construction entirely too narrow ~
SAY Il means that an individual NAV
complain. hut not the company H. "A
hardly necessary o saw that the act was
meant ~ be- fair and useful IN both in
dvldHai and company, and that there
might be conditions IN which either would
have cause 70 complain
rEw l~ COURT
Despite he vast amount n public |
interest IN he whole clrfare situation 1
there was q notable slimness If audience IN 4
{ curt Room No T. where The opinion 81 /
the court was handed down. onlv about 4
/. score % persons beng present. Of which
number All bur q few xno could he num-
pered upon tho fingers oi hand being
individuals directly Interested in the
proceedings
The first to arrive ia she courrroora-
VAS newspaper man tltv SOLICITOR
Bayard, VINO represents he Board q /
Pubic ! tIIltv commissioners, next turned !
lp ( few minutes before 10 G'ciocK
Roberf q Hartman. counsel who made. he /
Hgnl against thr order on behalf of ne .
organizations ana individuals OPPOSED Is (
II accompanied 5y former irt Judge 4
{ 'ochran came in. and f1oS bis iavorite .
-eat IL the King rect md oi the bar just
Il. 'hn e0cS showed = he hour 81 10. T.
AudreW tscay aHd Herbert II Ward.
counsel Tor the frartIJn cJinpanv hove 20 .
-iEut I'm me meantime 'ItI Engineer
ioupes Harry Prlrc. b h. City Board 81
Assessment, President NcAiulcn. of the
utility commission Warden ross of h.
1orkhoGSe who has been attending sll
earrings IN the roiley fare matter ou
1enaif Of the MISUNDERSTANDING resident.
ii i5racA-tX, Mar~hailton and other places
along he springs line came n sod took
eats tttorney -tcneral RelnhArdt.
Deputy Aforementioned Green and
Thomas DAVIS joined the little group III
awyer> in ne bar enclosure and ail
Mapped stories and Jokes and -9ssippeI
.lubbiiy
shortly after ten clock Judge RIce
inferred and court was opened No sooner
lad Crier George Smith finished nt0uing
ne words Of the formal "Oycz. nyez,
,yez than judge Rice announced there
would DC short delay and ardered q re-
eSs for half IN hour, Hhercupon those
sho had business 10 transact elsewhere
vent their ways - return iater
rhs >NIRMrsHlNG BEGINS