Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1918-06-08
COURT To HEAR
FARE RAISE PROTEST
HERE ON JUNE "a
Special Session Called at Instance
of Voters League and Cen
trail Labor Union.
TO REVIEW WHOLE MATTER
Special Dispatch From stan Correspondent
Dover. June s


DOVER. June s
On the application Of Robert G Har-
man of Wilmington. as counsel for the
Voters Non-PartIsan League and the
Central Labor Union, Chief Justice James
PennCwill this afternoon at lis O clock
signed an order convenIng the Superior
Court in special session in Wilmington on
June "a to consider the protest filed by
the NOn-Partisan League and the Central
Labor Union against the increase Of
trolley fare in Wilmington from five to
seven cents.
The order opens up the entire subject
directing the Wilmington q Philadelphia
Traction Co to show why it should be re-
ouired TO charge higher rate than five
cents
The courts order docs not, however,
affect the status of the companys plans
for placing the increase in effect next
Monday
Robert G Hartman, retained as attorney
for the Voters Non-PartISan League and
the Central Labor mon of Wilmington,
today came to Dover to see Chief Justice
Pennewill about the situation, and to ask
that a special term Of court be granted
Under section 8 OF the act Of Assembly
passed at the 1911 session, creating the
board of Public Utility Commissioners,
appeals from orders Of the board may be-
made the act saving.
Within thirty days from the date Of ser
vice Of any such order or orders any party
To the proceedings. person or company
may appeal from such order oarderS to the
Superior Court Of the State of Delaware,
by fling a notice Of appeal. setting forth
the order appealed from, with the pro
thonotarv Of the said court. which SAID
court is hereby given Jurisdiction to hear
and determine such appeal on tho merits
Of the matters forming the basis Of the
order The taking Of an appeal shall not
staythe oDeratiOnof the order appeaiedfrCn
but stay may he granted by the court IN
its discretion, either with or without terms
and conditions The form of procedure,
except as herein outlined, shall be pre-
scribed by he said court ny rule
As an explanation as TO why q special
session Of court IS necessary, IL NAV be
SAID that the order of the commissioners
was made after the May term of Superior
Court for New Castle county had ad-
journed The next regular session will not
be held until September, the summer
vacation of three months Intervening, and
the opponents Of the order felt that this
would be too long TO wait Therefor
was VII iidi HAL IOui ~ 4tDNtt
TODAY, the first person to be consulted IN
such matters being, of course, the Chief
Justice Of the State Judiciary
1t will be seen from the language of the
act that the court has power TO stay the
operation Of the order, if it so wills,
"either with or without terms or con
ditions"
The members Of the Board Of Public
Utility Commissioners, President Rich
ard c. McMullen said today. will attend
the meeting tonight, and they will have
with them all of the Information available
concerning the traction situation on
which they based their decision to per
NIT the company to increase the fare to
seven cents
NO member OF the board, Mr. Nc
Mullen said, when asked by a reporter
Of Every Evening whether they would he
al the meeting, has any desire, as far as
know, to shirk his duty or d. other than
what he considers right, both for the
public and the company We will have
at the meeting all OF the Information we
have been able to get and will gladly give
Council or any person who inquiries the
benefit OF that information