Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1923-09-12
RECE|VERSH|PI
FIGHT STARTED
Public Service Fresh from u.
S. Court Victory ReSiSts
Move of Attorney General
"FAST LINE" is ISSUE
Hearing Taken to Chancery
Court this Morning. -Injunc-
ton May be Given
"FAsT LINE' is ISSUE

TRENTON, Sept. 12-Frank Ber-
gen, general counsel for the Public
Service Railway Company, appear
ing before Chancellor Walker at the
State House today to show cause
why a mandatory injunction should
not be issued against the company
compelling it to operate its cars, or,
in the alternative, why a receiver
should not be appointed to operate
them, stated that such actions, re-
quested by Attorney General Nc
Gran, should not come to pass, first
because the strike of the company's
employees was beyond the control of
the company Second, Mr.. Bergen
said that the actions brought in the
court of chancery last Tuesday by
Mr.. McCran were entirely legal in
nature and should be decided in the
supreme court.
1t is not likely that Chancellor
Walker will make a decision today.
Argument as to why receiver
should not be appointed for the Pub
lie Service Railway Company is be-
ing heard this afternoon.
In presenting his case, Mr.. Bergen
after going over rather lengthy
history of the organization and ac-
tivities of the Public Service Rail-
way Company charged that ''the de-
fendant, by reason of unwarranted
and oppressive conduct of the Public
Utility Commission has not been
able to earn what it should have in
the past"
Expressing some surprise. Cham
cellor Walker asked Mr. Bergen to
repeat the comment. After Mr. Ber-
gen had complied with the request
of the chancellor. the latter said:
do you think it is proper to cas-
tigate the board in that manner"
unfortunately the charges are
true" replied Mr.. Bergen.
II should consider the propriety of
such a remark before making it" re-
piled Chancellor Walker.
In its answer the railway company
declares that it has and is continu-
ing to make an adjustment with strik
ing employees and that every rea-
sonable effort is being made to re-
sumo service. Mr.. Bergen contended
that the strike settlement plan ad-
vanced by the railway, in which it
offered its employees a twenty per
cent. increase in wages and propos-
ed a seven cent fare with a penny
for a transfer. would bring about a
resumption of service.
Some other plan, perhaps" he
stated, would also bring about the
desired results. but such a plan has
not been suggested by the Public
| Utility Commission.
The Public Utility Board was fur
ther scored for permitting bus COM
| petition.
In the railways answer it is stat
ed that in 1916. its operating ex-
penses were about $4,000. 600, while
in 1920 they had jumped more than
$40, 100000. The charge of the at
torney general to the effect that ces-
sation of operations is causing a
! $4,000 monthly depreciation in the
value of the company's property is
denied in the answer, it being stated
that the property is being well taken
care of and that such a depreciation
would result only if the property
was being used.
The company denied the allega-
ton of the utility board that inves-
tors money was being jeopardized
by the temporary suspension or that
the state was losing money in taxes.
The company declared that the
progressive confiscation" or its
property brought in adequate re-
turns upon it would endanger the
securities or the concern and event.
ually destroy them.
1t was contended that the COM
Ipany stood to lose s2,O00,000 this
year by granting the strikers the 20
per cent, increase agreed to.
1t was pointed out that 1000, 200
(Continued on page 2