Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1921-08-19
MORE ACTIVITY
IN FARE FIGHT.
Counsel for State and Public
Service Start Plans for
Hearing Sept. 13
TO BE HELD IN TRENTON
Judge ReIIstab Signs Order
for New Hearing in U. S.
District Court

TRENTON, Aug. 19-Active prep
arations are being made today by
counsel for the Public Service Rail-
way and for the state in the battle
over the ten cent fare application OF
the company, to be heard in the
United States District Court Tues
day, September 13. At the conclu-
sion of the preliminary hearing yes
terday before Judges j. Warren Da-
Wis and John Rellstab, Judge Reil-
stab signed the order fixing the main
hearing for the 18th of september.
Judge Victor B. Woolley who is re-
cuperating in Maine and was unable
to be present yesterday, Will be on
the bench with the other two judges
when the case is then called. Here
is Judge Rellstab's order:
"Ordered, that the hearing of said
application be and the same is mere
by continued until the 18th day OF
September, 1921, at Trenton, at the
hour of 10:30 in the forenoon, day
light saving time.
1T is further ordered that the de-
fendant serve any affidavits propos-
ed to be read on the part of the de-
fendant on the hearing of such ap-
plication, on the solicitor of the
plaintiff on or before the 7th day or
September, 1921. Any affidavits In
reply thereto shall be served on the
solicitor of the defendant at least
three days before the day set Tor
such hearing.
"It is further ordered that the
| plaintiff have leave to read an affi-
davit on the hearing Of the applica-
tion showing the result on the rev.
enue of the plaintiff OF the orders
made by the defendant on the 14th
Of July last up to the 7th day of
September next and that It serve a
| CODY of such affidavit on the sollc1-
| tor of the defendant on or before
such. hearing"
Under the direction of the lawyers
| for the Public Service Company, of
flcials of the company made ar
rangements today to gather the data
showing the exact income fro mthe
| increase of one cent per transfer
allowed by the Public Utility Com
mission. 1t will be remembered
that the Utility Board in its report
upon which it's order was based de-
c!ared that the increase in the
charge for a transfer from one to
two cents would produce an addi-
tional income of approximately
s75O,O00 a year to the company.
This was based upon an exhibit of
the company in the proceedings be-
| fore the Utility Board that the
transfer fares for year numbered
84,3S4,374, upon which the Board
estimated 75,000,000 transfer fares
for the year beginning Aug. l. 1921.
1t was plain from the argument
of former Attorney General Robert
H. McCarter, counsel for the COM
pany, yesterday that he will seek to
show on the 18th that the extra
cent per transfer has not produced
anything like the revenue the IT'LL
| ity Commission estimated 1t would.
The contention that the company Is
facing bankruptcy even under the
order for a seven cent fare and two
cents per transfer is one of big ques-
tions in the fight.
AS. l.. Edward Hermann, counsel
for the Utility Commission, told the
court yesterday, he has the whole
force Of the commission at work on
the collection of material for this
case. From this he will prepare
strong afiidavits answering the bill
of complaint of the company. These
will deny the allegations of the
plaintiff and will support the order
of the Utility Board. He will have
the aid of Attorney General McCran
and his assistants in this work.
AS the petition of Bayonne. Cam
den, Newark. Passaic. Paterson. and
Jersey City to intervene and to be
made parties defendant in the ac'
ton was denied without prejudice
to be renewed when all three judges
are sitting, this question will come
up again September 13. These cities
were all represented by counsel as
follows: Bayonne, City Attorney A
A. Melniker; Camden, City Counse
E. G. C. Bleakly; Newark, City
Counsel Jerome Congleton; Passaic
and Jersey City, Special Counse
George l.. Record; and Paterson
City Counsel Randall Lewis.
| Counsel for the municipalities
based their petitions upon the ground
that they were defendants in the
proceedings before the Utility Com
mission and therefore should sus-
tain the same relation In this action
also that they are vitality interested
in the proposed increase in fare
4 Counsel for Newark made the addi-
tional plea that the company raises
the question of the unconstitution-
ality of the state utility act and il
this claim should be sustained by
the United States Supreme Court
| Newark will fall back on contracts
it has with the Public Service Rail-
CONTINUED on page 81