Evening journal., 1921-05-20
| IND FLAW IN
BOARDS CAR
stop ORDER
Continued from FIRST pagel

been confronting a conflict between |
two city departments II desires 70 /
obey the law, and while II has been |
stopping its cars on Market street |
above Fourth, 1t now faces the prob |
lem Of how to get its southbound cars |
over TO the northeast corner TO stop |
them there. 1t can't very well be
done unless a cross-over switch is
Installed there or the cars are made
To jump the track.
The plain truth OF the matter rs
that the resolution offered by Com
missioner John c. Foote and adopt
cd by the Utility Board contains a
mistake. Where IL reads north
east corner" Of Market and Fourth
streets it should read northwest
corner, which Commissioner Foote
evidently intended.
The controversy soon viii be dis
posed Of The Police Department
a few days ago told the traction
company to disregard the Utility
Boards order and to obey the Street
and Sewer Departments traffic regu-
lations as enforced by the police.
The Police Department today ar
ranged to cause the arrest Of a mo-
eorman on a charge OF disobeying the
traffic regulations. superintendent
Of Police Black arranged the details
With the Traction Company so that
An arrest could be made without
eampering traffic. and get the con-
rroversy before the courts for de-
sizion to e~tHhlish departmental jur-
,sEictiOn-
william y Colt. motorman long
est in tho asvice OF the company.
was arrested under the arrangement
made at Tenth and Market streets
at 1.35 o'clooi this afternoon on a
charge OF vioating the traffic ordi-
nance. The arrest was made by
Traflc Sergeant Devenish. in order
10 provide a test case. Assistant
superintendent Geiger imm ediately
placed another motorman on the car,
which proceeded on its way. Bail
was furnished for Colt
City Solicitor Huxley stated this
morning that he had given a written
opinion TO Mayor Taylor, the Depart
ment OF Public Safety and the Street
and Sewer Department that the
Street and Sewer Department had
fun power TO regulate street traffic
OF every description. including troll
ley service. and that the police are
empowered to enforce the rulings OF
The Street and Sewer Department
ASK as to what would be his atti-
tude in the prosecution Of any troll
ley men arrested for going contrary
TO the orders Of the Board OF Utihty
Commissioners. Mr.. Huxley said that
ne would not prosecute the case as
ne has already given an opinion that
The Board of Public Utility commis-
sioners have exceeded their author
The whole matter could have
been amicably settled" said Mr.
Huxley. "and l had the assurance
that the Board OF Public Utility
Commissioners would rescind theii
.lorder. hut they failed to do 50. The
matter will now go 10 the Municipal
Court for settlement"
The order adopted by the Board
Of Public Utility Commissioners re-
garding car stops is as follows
'Be Il Resolved. that in order tt
furnish safe and adequate service
for the travelling public. on and
after April IS. 1921. all southbounc
trolley cars of the Wilmington anc
Philadelphia Traction Company or
Market street. in the city OF vii
mington. shall stop at the northeas
corner Of Market and Fourth streets
for tbs purpose Of discharging an'
taking on passengers.
All Delaware avenue cars shal
sion at the southeast corner o
Tenth and Market streets for tn
purpose Of discharging and takinl
on passengers
BE il Further Resolved, That
copy Of this resolution be sent 4
the Wilmington and Philadelphi
Traction Company"
'T hereby certify that the fore
going Is a true and exact copy Of tn
resolution as adopted by the Boar
Of Public Utility Commissioners thi
first day Of April, 1921.
"A. 2. STETSER.. Secretary.
The Department of Public Safety
letter to the Traction Company read
as follows:
wilmington. Del. May II, 1921.
Mr.. T. W. Wilson. General Man
ager W. and p. Traction Compan!
Wilmington. Delaware.
Dear Sir.-The Directors OF Put
lie Safety. az their meeting held tn
date. directed that you rescind III
orders issued 10 car men 10 stop the
cars on Market street before turr
ing the corners Of Fourth. Eight
and Tenth streets.
your attention Is called TO th
uanc regulations as follows: vi
Section So. Operators or drivers
vehicles and street railway cars mu
4 at all times comply with any dire
4 ton. by voice. hand or whistle, Of ar
'onicer of the police force. as TO stol
ping starting. approaching or d.
+ parting from any place; also as
the manner OF taking up OF settir
down passengers. or loading or al
loading merchandise.
THE Superintendent Of Police "
. issue orders TO all traffic officers
4 enforce this ordinance. and cars "
not be permitted TO stop for loadir
7 or unloading passengers before turI
Il ing the corners above mentioned.
Very truly yours.
S. X. SMITH.
president"
4 The traction company sets forth
position as follows:
Wilmington. Del. May IS.
Mr. S. X. Smith. President.
Department OF Public Safety.
wilmington. Delaware.
Dear Sir; We duly received 70