Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1921-09-14
RESENT ATTACK
ON UTILITY BD.
Public Service Troubles Laid
to That Sort of Policy
Toward the Public
MISDEEDS ARE BLAMED
If Company Goes Into Bank
ruptcy it Goes by Own Mis-
deeds, is Claim
MISDEEDS ARE BLAMED

TRENTON, Sept. 14-Opening
the argument today before Judges
Rellstab. WoQley and Davis, l.. Ed
waIsl Hermann, counsel for Pub
lie Utility Board, criticised former
Attorney General Robert H. McCar-
ter, counsel for the company, for
his attack on the Public Utility
Board, yesterday afternoon.
Mr.. Hermann said:
"As counsel for the Public Utility
Commission, 1 wish to resent the
villification heaped on this board by
counsel for the plaintiff yesterday
afternoon. The bill of complaint
did not indicate that such abuse and
villification was to be permitted in
this case"
lit has been the policy of the
Public Service Railway Company
all through three years of this liti-
CATION to criticise the Public Utility
Board. Very much of this COM
pany's trouble has been caused by
this sort of policy toward the pub
lic."
No Ruling on Issue
At the opening of the case this
morning Judge Wooley asked
George l.. Record, counsel for Jer-
sey City, and other city counsel,
what their desire was.
I'VE have asked to be made par
ties to the suit" Mr.. Record replied.
I'VE cannot rule on that point
now" said Judge Wooley. "Of
course we will pass on the ques-
ton, but cannot decide it today.
I'VE will state however, that be-
fore the court decides the question
of granting the Public Service Com
pany the preliminary injunction we
will rule on your question:
Misdeeds Are Blamed.
"If the company goes into bank
ruptcy it goes by it's own misdeeds." "
declared l.. Edward Hermann, coun
sci for the utility board, in opening
his argument this morning. He at
tackled the contention of Robert II.
McCarter, made yesterday to the ef-
feet that the company Is being rem
dered bankrupt by the seven cent
fare rate. Mr.. Hermann claimed
today that there is no deficit what
ever as set forth by the Public Ser
vice Railway Company, but on the
| contrary, the company has sufnclen,
| funds, Counsel for the utility boarC
| intimated that it has been the com
panys own policy of extravagance III
its operations that is responsible fof
any plight it may be in at this time
TRENTON, Sept. 14.-After a bit
ter attack yesterday afternoon by
former Attorney General Robert IL.
McCarter, counsel for the Public Ser
vice Railway Company, against the
admission of the $4,000 pages of tes-
timony and 600 exhibits in the ten
cent fare suit of the company, ana
the answering argument by l.. Ed
ward Herman, counsel for the Pub
lie Utility Commission and Attorney
General Thomas f. McCran, the
United States court denied the mo-
ton of Mr.. Hermann that the entire
record bo admitted.
However, the court granted per-
mission for either side to support
allegations by reference to partlcu-
lar parts of the record referred to.
The result is that while the court
will not have to consider the entire
record as made by the Public Utility
Board during the past three years,
it's attention may be called to any
pertinent part of the record.
Judge Victor B. Woolley announc-
ed the decision after a conference
with Judges J. Warren Davis and
John Rellstab, his associates in the
case. Judge Woolley said:
'The motion is that this entire
record be introduced as evidence IN
this case. The motion Is denied as
made. We are at a loss. however,
to see just how the plaintiff can sus-
tain it's contentious or the respon-
dent support its case without refer
ence to the testimony. Therefore, the
complainant and respondent may
support their allegations by specific
references to this record. In this
way we will get before us just those