Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1921-09-13
TEN CENT FARE
FIGHT RESUMED
3 Federal Judges Reserve De-
ciSion on Plea of Different
State municipalities
FOR PART IN THE ACTION
Big Array of Legal Talent on
Each Side Long Brief Filed
by Attorney General
FOR PART IN THE ACTION
[By Evening News correspondent.l

Il IBy Evening news CorrespOnQent.l
TRENTON, Sept. 13:-The three
federal judges at noon today re-
served decision on the application of
New Jersey municipalities to be ad-
mitted as part case to the suit to
restrain the utility board from pro-
hibiting ten cent fare.
Frank Sommer followed the appli-
cation for admittance made by Mr..
Record and both counsel were OPP
posed in what they requested by
former Attorney General Robert H.
McCarter. speaking for the Public
Service Railway Company.
Judge Wooley, who is presiding,
said the court could not undertake
to decide such an important question
offhand and that pending its deter
mination of matter the main argu-
sment would proceed.
Thus the status of the municipali-
ties this afternoon was that they
were neither in nor out of litigation
as yet.
Argument Opened.
At the opening of the argument
before Federal Judges Wooley, Davis
and Rellstab in the application of
the Public Service Railway Company
that the Board of Public Utility
Commissioners be enjoined from
prohibiting the trolley company to
charge a ten-cent rate of fare,
George L. Record, counsel for Jer-
sey City, renewed his fight to have
the municipalities of the state made
defendant parties to the suit. Jerome
T. Congleton, representing Newark,
followed with similar request.
There are over $4,000 pages of
written testimony and more than 500
exhibits which include charts, maps
+t.fia fon hi in1 net "a
considered.
Looking after the interest of the
state are l.. Edward Herman, coun-
sci for tho utility board; Frank B.
@.Sommer, special counsel, and At
orney General Thomas F. McCrane.
- Robert H. McCarter, Richard W.
Lindabury, Frank Bergen, former
Senator Edmund w. Wakelee, and
Thomas d. McCarter are represent
ing the company.
1t is very likely that the argument
will not be completed today and will
run over until tomorrow.
Brief OF Attorney General.
The brief of Attorney General
Thomas F. McCran, on behalf of the
state, and L. Edward Hermann, for
the utility commission, co-defend-
ants, in opposing the granting of the
preliminary injunction to the Public
Service Railway Company to restrain
the utility board from interfering
with the company's putting into ef-
feet a ten-cent fare, was complete
and exhaustive. The brief was divid'
ed into three parts with nine con-
cluding considerations calculated to
have weight with the court against
the company's application. In the
first part of the brief it was set forth
that the function Of rate making is
legislative in character and it was
declared that this was equally true
whether the function was exercised
directly by the legislature or by a
subordinate or administrative body
to whom the power Of fixing rates in
detail has been delegated. 1t was
argued that the judicial power to re.
strain the enforcement Of an act OF
legislation, or an act legislative IN
character, upon the ground of con-
stitutional invalidity, should be ex-
ercised only in the clearest cases.
that to invoke this power the con-
ytitutional invalidity should be mani.
fest; that where the invalidity rested
apon disputed questions of fact the
lnvalidating facts must be proved
10 the courts satisfaction; that there
as a presumption of resembleness
n favor of the boards order, made
lfter hearing and investigation, and
mat to justify the issuance of an in
;erlocutory injunction this presump.
lion must be overcome and cleal
ease Of unreasonable, arbitrary OF
eonf1scatory action must be made
,ut.
CONTINUED on page 81