Every evening, Wilmington daily commercial., 1921-05-20
TROLLEY STOP ROW
WILL Be TAKEN into
COURT FOR DECISION
To Determine Whether Police or
Public Utility Board Has
Supreme Authority.
TO ARREST A MOTORMAN

In order 10 determine whether the
Department of Public Safety or Board
of Public Utilities has supreme au-
thority in the matter OF regulating troll
ley car stops on the streets the pend
ing tangle over the matter, due to
conflicting orders directed TO tho Trac-
tion Co. is to be taken into court. Some
days ago the police directed the Trae-
ton Co. TO stop its crossfown cars
turning from Market street after maxi
ing the turn This is directly contrary
20 prior order from the Utility Board.
thus placing the railway company IN
an embarrassing position. Realizing
the latter situation, the police, by di-
rection of superintendent Black, are
not 10 enforce the police order until
the matter has been adjusted.
In order to reach an early adjustment,
Il was decided, at a conference OF Of
ficials yesterday afternoon. to make q
test case by arreating the motorman Of
a car who, by direction, has violated
the Public Utility Boards order by max
ing a turn, probably at Fourth and
Market streets, without first stopping.
He will be taken into court, SO that the
point at issue can be determined In that
manner. The arrest VIII probably DC
made some day next week. with two
members of the Utility Board on the
car, as witnesses
Traction Cos. Position.
I-pon receipt Of the police order the
traction Co. sent the following letter TO
the Department OF Public Safety;
Wilmington. Del, May is. 1921.
Mr.. s. X, Smith. President,
Department OF Public Safety,
Wilmington. Delaware.
Dear Sir:
We duly received your order OF MAY
IL. 1921 directing us not 10 stop our
cars on Market street before turning
the corners Of Fourth. Eighth and Tenth
streets. This order creates serious
situation for the company, in view OF the
resolution Of the Board of Public Utility
Commissioners of the city of Whining
ton of April i. 1921 ga copy OF which we
enclose), directing us To stop our cars
on Market street befote turning the
corners Of Fourth and Tenth streets
for the purpose of discharging and TAX
ing on passengers.
In view OF tho fact that we have been
complying with this prior order Of the
Board OF Public Utility Commissioners
for some time and said board ISSUED
said order in the belief that they had
Jurisdiction over this matter, we would
most respectfully suggest that the order
of the Department OF Public safety be
not enforced until some adjustment can
be affected between your board and the
Public Utility Commissioners upon the
points involved.
1t is unnecessary for us 10 say that
we wish TO obey the law and all proper
orders of the duly constituted author
4 l,.s. h.. fr.9s nv 6ifpSf
| conflict and we cannot obey both.
| Hoping that you will entirely ap-
/ preciate our ernbarra ssing situation and
| that YOU viii arrange for a quick ad-
1 iustnen6 of the questions involved be-
tween the two Departments. we beg
1 to remain. Very respectfully yours,
/ Wilmington & Philadelphia Traction Co.
BY T.. w. Wilson. Vice-Pres. & Gen1.
Mgr.
Enclosed are copies of the conflicting
/ orders, which follow:
Public Utility Board Order.
Be il resolved. That in order TO
furnish safe and adequate service for
! the travelling public. on and after April
/ 10, 1921, all south bound trolly cars of
4 the Wilmington and Philadelphia Trac-
/, ton Co. on Market street, in the city
/ of Wilmington shall stop at the north
1 east corner of Market and Fourth
| streets, for the purpose of discharging
| and taking on passengers.
All Delaware avenue cars shall stor
| at the southeast corner of Tenth and
| Market streets for the purpose of dis
| charging and taking on passengers.
Be il further resolved, That a copy
! of this resolution be sent TO the Will
| mington and Philadelphia Traction Co
| hereby certify that the foregoing is
| a true and exact copy of the resolution
| as adopted by the Board of Public IT'LL
| ity Commissioners this first day OF
A. p. stetser, Secretary.
Police Order.
/ City of Wilmington. Delaware, De
1 partment of Public Safety. Bureau OF
| Police, George Black, Superintendent
of Police.
| May II, 1921.
Mr.. t. w. Wilson, General Manager
| wilmington and Philadelphia Traction
/ Co, wilmington, Delaware.
Dear Sir:
/ The Directors Of Public Safety at then
/ meeting held this date directed thai
YOU rescind the orders issued to car mer
| TO stop their cars on Market street be
fore turning the corners Of Fourth
| Eighth and Tenth streets.
Your attention is called to the traffic
| regulations as follows, viz: Section
| 46--"operators or drivers or vehicles
and street railway cars must at al
times comply with any direction, by
| voice, hand or whistle, of any officer
| of the police force, as TO stopping, start
| ing, approaching or departing from
any place; also as to the manner Of TAX
| ing up or setting down passengers. ol
| loading or unloading merchandise"
The superintendent of police vii
issue orders to all traffic officers to en-
force this ordinance, and cars win no
be permitted 10 stop for loading or un
loading passengers before turning tn
corners above mentioned.
Very truly yours,
S. x. Smith, President