Perth Amboy evening news., 1920-06-04
ASK COURT WRIT
AGAINST BUSES
Public Service in Move for In
junction Against Jitneys
Here and Elsewhere in N. ].
LOCAL COMPANIES NAMED
SO Bills of Complaint Have
Been Filed in the Chancery
Court Against Jitney Lines
BIZ speciaI Correspondsnt.

By Special Correspondent
NEWARK, June 4:-Alleging that
the jitney business as now conducted
Is illegal, improper and a nuisance
and that 1t constitutes an unlawful
competition and unlawfully inter-
feres with the operation of complain
ants cars and the collection of its
fares, the Public Servicec Railway
Company late yesterday afternoon
filed thirty-six bills of complaint in
the chancery court at Trenton ask
ing for injunctions against as many
jitney operators in different cities of
the state.
In each suit it is asserted that the
titneys are a hindrance to the per-
formance, and discharge of the rail-
way company's obligations and are
otherwise contrary to equity and
good conscience. 1t is also alleged
that the damages resulting to the
complainant are immeasurable in ex-
tent and irreparable In character so
that adequate relief can be obtained
only in a court of equity. Temporary
restraining orders are not sought.
The defendants in Perth Amboy
and Middlesex county follow:
Theodore Berman, 1921 Louisa
street and Lewis II. Cole 247 Inslee
place, of Elizabeth. both operate be-
tween Elizabeth and Aledne: William
J. Banker, Jr.. IL Prospect street,
New Brunswick operates in New
Brunswick and South Amboy. New
Brunswick Auto Service Company.
Incorporated. 92 Albany street. oper-
ates In New Brunswick; Otto p Ro-
senvenge, 381 Main street, Metuchen,
operates in Perth Amboy; Raymond
Killenberger, 297 Smith street. op-
crates in Perth Amboy; James T Ec-
cles 1919 Smith street Perth Amboy,
operates in Perth Amboy and South
Amboy: Anthony Bus Company. In
corporated, George X Anthony presi-
dent, Briegger street, Highland Park,
operates in New Brunswick High
land Park. etc.
After reciting the legislative author
ity under which the railway was or
ganized, the company goes on to show
that 1t is operating about 500 miles
of street railway in ZAP municipalities,
incfuGing it's interurban lines, in eleven
counties; that 1t pays out annually
more than $12, 900, 600 in wages to en-
ployes and additional millions in inter-
est, taxes and other charges. includ-
ing q five per cent. tax on its gross
= eceipts for the exercises of its fran
ohises, and further, Is under obligation
IN many instances to pave and keep
in repair streets and parts of streets
occupied by the railway at a further
expenditure of hundreds of thousands
Iof dollars.
1t is also set forth that the busi-
ness of the complainant reprelencs
IAN investment of more than $l50,000.-
coo upon which II = not earning q
fair return, this in large part ON ac-
count of the unlawful competition and
interference of the defendart and
Io.hers opel atIng similar busses in com
petition in vorious municipalities. and
lit is submitted that under the rights
conferred by law the company is en-
Titled to carry on its business without
this competition and interference.
The complaint in each specific in
stance gives the route of the street rail-
way, and also that of the jitneur,
showing how the latter enters into di-
rect competition, and 1t is further al
LEGGED that the busses continually use
the railway tracks on which to drive,
thereby impeding the progress Of the
cars and obstructing the company In
carrying OF its business and the per
formance of it's duties as carrier. The
company prays that the defendants
named in the respective suits may be
enjoined and restrained from further
continuing operation.
Referring to the bills filed Presi-
dent Thomas n. McCarter of the rail-
lway company said:
1--WE have filed these bills in chan
Icery against certain operators or 1lt-
lney busses as a matter of protecting
our rights. For a long time we have
been of the belief that the jitneys were
being operated unlawfully, which be-
lief was supported by the opinion of
our counsel. We have refrained from
Iacting earlier only because we thought
that the business would be properly
regulated as it should be but when the
Legislature failed to enact a measure
Iputting the jitneys under the same
kind of regulation and control as
Istreet railways are subjected to we
felt that as a mater of duty to our pa
irons who constitute a large majority
of the public and who are interfered
with by the operation of jitneys, and
as a matter of justice toy ourselves
LIT was time to have matter thoroughly
tested out. Accordingly we are pro-
ceeding along lines laid down by stat
lutte to have the questions at issue ad-
judica ted in a proper an dorde.y man
lner. If the court holds that we are
right in our view the actions will not
be limited to the thiry-six instituted
yesterday"