Perth Amboy evening news., 1921-08-11
TROLLEY FARE: |
FIGHT PLANNED !
BY THE STATE
Attorney General McCran
MarShaIs Forces for Deternl.
ined Stand on Move
WHO RUNS THE STATE
Takes up Matter With the
Governor and Counsel for
Jersey City
[By Evening News Correspondent

tBy Evening News Correspondent
TRENTON, Aug. 11.-Battle lines q
were being drawn by both sides to-
day in the big combat between the n
Public Service Railway Company
and the State of New Jersey over the
ten cent fare suit of the company in
the United States District Court. Fol-
lowing his red hot statement issued A
yesterday. Attorney General Thomas
+. McCran began marshalling his
forces and facts for determined at
tack on the Public Service move. He
is bending every energy to make
good that part of his statement which
said:
Every resource of the attorney
generals department will be thrown
into this case, not only because of 4
the question as to what rate OF
fare shall be charged, but whether
or not our affairs shall hereafter be
determined by the federal courts or
by the courts which the people OF
New Jersey have created for the or-
DERBY administration of justice"
Those who recall Attorney Gener-
al McCran's relentless fight against
the East Jersey Water Company
few years ago. when he was an as
semblyman from Passaic County, IN
the effort of that company to obtain
law to divert portable water from
North Jersey to New York. will un-S
derstand that he will be no mean an-3
tagonist in the present case.
McCran, with Francis H. McGee.
and Joseph Lanigan. two of his as
sistants. spent an hour yesterday aft-
ernoon in the office thlA Limited
States Court studying the gttack.4nd
axhibjfc n tha a a At{v< =
into precedents under section 266 Of
the federal judiciary act. This is the
section under which the Public Ser
vice brought the suit. The attorney
General has consulted with Governor
Edwards and both are determined to
fight to the last limit. L. Edward
Hermann of Jersey City, counsel for
the Public Utility Commission, will
be associated with the attorney gen- \
erals department in the proceedings.
Former Attorney General Robert
H. McCarter, Frank Bergen of Eliza- 4
beth and Richard V. Lindabury OF
Newark are already associated with
President Thomas N. McCarter to &
fight the case for Public Service. It
is expected that special counsel will 1
be retained on both sides before the
hearing on August IS, owing to thcM
high importance of the issue.
The action of Judge JohE Rellstab%
yesterday in reversing portion OF
his order within twenty-four hours
created intense surprise all over the
state. His second order was very
short. 1t follows:
After further reflection upon the
consideration of the authorities ana
in view that an early date for the
hearing has been set, so much OF the
r,l, y, iatS or
the company to increase its fares IS
vacated"
The new order, of course. at once
stopped all preparations of the Pub
lie Service to put the eight cent fare
originally allowed by Judge Rellstab z
into effect. Plans had already been
started for the filing of the stipula-
ton guaranteeing the return of the
extra cent in case of an adverse final
decision and the printing of the re-
ceipts which were to be given each
passenger.
With the increased fare provision
stricken out, the order now requires
the State Board of Public Utility
Commissioners to show cause before
Judges John Rellstab. j. Warren
Davis and Victor Wooley August Is
why an injunction should not be is
sued restraining the utility board
from enforcing its order of July IA
last holding the Public Service Rail-
way Company to a seven cent fares
with two cents for each initial trans
fer.
Judge Rellstab is Republican
and was formerly judge of the Mer-
Ger county court. Davis and Wooley
are Democrats. Judge Davis was
state senator from Salem county In
nd 1912 a ardent W0O6s y
row Wilson supporter Judge Woo-
ley lives in Delaware and has BEEN
on the federal bench several years.
Davis and Wooley are circuit court \
judges.
The Public Service Company will 4
base its fight August Is on its bill
of complaint which was outlined in s
these dispatches yesterday. In addi- y
ton it will show that ten cent fare
is in operation in many cities or me
country Counsel for the company
will ask the court to award 1t de-
cree that it "be entitled to charge
and maintain a rate of ten cepfs as
Just and reasonable to preserve the
property of the plaintiff from public
impairment and confiscat;on." The
bill shows that if the ten cent rate
be granted no charge will be made
for transfers.
The company gives the following q
as its reason for going into the fed-2
eral court: ANY review by courtsH
of law of the order of July IA, 1921s&
would necessarily be tedious and
protracted. Should there be res
view on certiorari, it would take AZ
least a year to obtain a decision qf
the court of errors and appeals and
that court has no power to fix rates.
Meantime the plaintiff is under
obligation to the public to maintain
its property in repair SO that 1t may
be used by the travelling public In
safety and the lives of its millions
of passengers be not endangered"