Perth Amboy evening news., 1921-08-19
MORE ACTIVITY IN FARE
FIGHT BY PUBLIC SERVICE

only Il five cent fare with 1ree trans
Pfers. Mr.. Congleton maintained that
this being the situation, Newark
should be permitted to come into
the Cas now.
Mr.. McCarter strongly objected to
these petitions. He claimed the pub
lie was amply protected by the pro-
vision of Section 266 Of the Federal
Judiciary Act under which this suit
was brought. that notice of the ac-
ton should be served upon Govern
or Edwards and Attorney General
McCran.
This provision" Mr.. McCarter
continued, lis obviously for the pur-
pose of having the public represen-
ted. The attorney general is in
court with all his assistants and they
all have their war paint on and are
full Of fight. showing that the public
Will be protected"
1--WE do not argue for the sup
preston or curtailment of this Is
sue. but clearly there should be a
limit to the parties in the case. TO
make al! these cities defendants is
not necessary. If you do all the
other 1876 municipalities through
which our railway passes viii also
want to come in. This would make
the case IOD CuItlDtiS OlllC ~ hdi0'S'
Mr.. McCarter cited several pre-
cedents which he claimed sustained
his objection. Mr.. Bleakly of Cam
den insisted that the cities could be
represented in the proceedings with
out making the case cumbersome.
He said more than a hundred mu-
inequalities had been in a case be-
fore the Utility Board without any
trouble whatever, as a few lawyers
had spoken for them.
The denial of Mr.. Herrmann'S mo-
ton to dismiss the case was also
given without prejudice and will be
renewed September 13 before all
three judges. The ground of Mr..
Herrmann's motion was that the rule
requiring the Utility Board to show
cause why its seven cent order OF
July IA should not be set aside, was
improvidently granted because the
allegations made by the company do
not bring the case within Section
266 of the Federal Judiciary Act
under which the suit was brought.
The first lively clash of the hearing
came on Mr.. Herrmann's motion. The
motion was str%enuously opposed by
McCarter for the company. who
several cases to sustain his con-
tention. He fired hot shot at the ar
of Mr.. Hermann that the
should have exhausted its
remedy in the State courts before
going into the United States Court.
THAT is the universal cry of IT'LL
ity Commissions" declared McCar-
ter. "They always claim corpora
lions have no right in such cases to
into the United States Court"
McCarter then cited a western
case which was taken into the Unit
ed States Court, then he said:
Then the same old howl went up
that the company should have stuck
to the States Courts. Such conten-
cannot for a moment be toll
In the light of the cases I
have Just cited we claim 1t is the
duty of this court to hear this
The court seemed to be impressed
with the precedents given by McCar-
The two judges conferred and
then Judge Rellstab queried OF Mr..
Hermann:
Have you any authorities in ans
wer to Mr.. McCarter's citations?"
Mr.. Hermann said he could pre-
pare, others and insisted that the
cases cited by the former attorney
general do not constitute the weight
of authority in this case.
McCarter then cited a decision of
Chief Justice White of the Uniteo
States Supreme Court to the effect
such cases can be heard In the
States Court even though they
have not been carried through the
State courts provided they come
within Section 266 of the Federal
Judiciary act.
McCarter then declared:
"Once and for all that hould put
the q~uietus upon the claim that IL is
wrong for a corporation to go into
the United States court. May 1t
please the court, you have no other
alternative but to hear this CASE
There was another warm tilt over
the question of fixing the date for
the main hearing. Counsel for the
Public Service Company argued for
a. date not later than September Z,
with an order that the Public Utility
Commission file answering affidaVits
by September 1. Mr.. Hermann and
Attorney General McCran both OPP
posed this as too early, the former
stating he had another case to hear
for the commission September 8 and
Z. Mr.. McCran declared he had i'm
portant public business to handle
besides this case,
You have several assistants"
commented Mr.. McCarter.
The attorney general gives per-
sonal attention to his office these
days" shot back McCran. The ref
e to the time when McCarter
was attorney general was obvious.
Mr.. McCarter was so insistent that
Mr.. Hermann turned his verbal
guns upon him. I'VE don't propose
to permit Mr.. McCarter to run this
whole case" he said. This is a
stupendous task. Counsel for the
Public Service has had an army OF
the company's employees at work for
weeks preparing this case and now
they want us to handle it in a few
days. There are $4,000 pages of tes-
timony, 500 exhibits covering three
years. It's a big job. We ask that
the date lie fixed on September 49,"
The order was made for Septem-