Evening journal., 1921-05-19
TANGLE OVER
TROLLEY STOP
CONTINUES
Continued from first page)


trouble as he felt hopeful OF an
amicable adjustment Of the difficulty
soon.
The Department of Public Safety
evidently had thoroughly gone into
the legal end Of the problem before
deciding to defy the Board Of Public
Utility Commissioners, and propose
to stand by the decision.
If, the Utility Commissioners re-
fuse to rescind their order the
question will go to the courts for
settlement OF the question whether
the Board Of Public Utility Commits
sioners or the Department OF Public
Safety has charge Of street traffic.
Street Commissioner Frank w
Pierson. with City Solicitor Huxley
attended the conference Tuesday
afternoon. Mr.. Huxley advising the
Department of Safety that the de-
partment has authority to act, and
Mr. Pierson assuring them that if
the present ordinances of the Street
and Sewer Department were not
sufficient to cover the case. the de-
partment at its next meeting would
pass one that would.
In discussing the case today, Mr.
Pierson said that in Mis- opinion
there is sufficient laN already to
justify the Department of Public
Safety in taking the action It hasr
and referred to sections IS, 10, 20
and 46 of the traffic regulations
issued by the Street and Sewer De-
partment in December. 1920. This
section Of the ordinance gives traffic
officers full power over street traffic.
Mr.. Picrson said that some time
ago in compliance with a request
OF the Street and Sewer Department,
the Wilmington and Philadelphia
Traction Company, at considerable
expense. installed electric switches
at Fourth, Eighth and Tenth streets,
so that westbound cars on those
streets would not be compelled to
stop on Market street, thus reliev-
ing traffic CONCESSION at these corners,
and he felt confident that the change
thus made greatly benefited the pub
lie and worked a hardship on no one.
The Public Utility Board is
charged with the duty of regulating
the operation of trolley cars, as well
as other public utilities, but the law
creating the Street and Sewer De-
partment gives that department
jurisdiction over the streets from
building line to building line.
City Solicitor Huxley said this morn
ing there was no question about the
jurisdiction of the Street and Sewer
Department in the matter, II that
! department wished to assert its au-
! thority However, in the opinion Of
/ the City Solicitor, the Board Of Pub
| lie Utility Commissioners will re-
scind its order at its next meeting
on June 3. or possibly at a special
! meeting Mr.. Huxley secuted the
I idea of any possibility Of litigation
over the matter
Mr.. Isaac said last night that per
sonally he thought the Utility
Boards stand wrong, and that OF
the police right His board, he said
has not yet. at least, planned to take
any action in the matter The board
he said. had official knowledge Of the
police order, anyhow.
Differing with City Solicitor Hux-
ley over the right OF the Utilitie:
Commission to issue the new car
stop order. John c. Foote. OF the
board announced today that a test
case will be made in the courts tc
settle the question Of who has au-
thority over the utilities. Mr.. FOote
contends that the order compelling
trolley cars to stop on the near side
Of turns at Fourth and at Tenth and
Market streets was based on the leg
islative act empowering the Utility
Board to compel public utilities tc
furnish adequate car service. Mr.
Foote says the old stops in Wes
Fourth and West Tenth streets die
not afford this service.
IL is proposed 10 cause the arres
Of a motorman on one of the lines
who obeys the signal OF the traffic
patrolman TO proceed without max
ing the new stop. This will throw
the case into the courts.
City Solicitor Huxley today sent L
the Board Of Public Utility Commits
sion a letter setting forth an opin
p ion in which he holds that the com
mission has no authority over th'
streets or over street traffic. H'
quotes decision Of the Supreme
3 Court of Delaware in the case OF tn,
Mayor and Council Of Wilmington
49,.