Perth Amboy evening news., 1923-09-13
CHANCELLOR TO GIVE
INJUNCTION DECISION
SOON; FIGHT PUSHED
Let People be Damned is P. S.
Policy Assistant Attorney
General Tells Court
NEW PROCEEDINGS ON
Quo Warranto Action viii be
Taken Tomorrow in Trolley
Company War

TRENTON, Sept. 1s.-Argumen.s
upon the application for a manda-
tory injunction to compel RESUMPTION
OF service upon the trolley lines Of
the Public Service Railway Com
pany having been heard by chan
cellor Walker here yesterday, the
chancellor today was preparing his
decision. The arguments in chan
Gerry court were not concluded until
6 O'Clock last night, when the chan
cellor announced that he would rem
der his decision in few days.
The application was made by the
attorney generals Office, Assistant
Attorney General Newcorn concIud-
ing the argument for the state. In
his appeal Mr.. Newcorn said the
attitude of the company was eQuIva-
lent to sitting back and saying nIet
the people of New Jersey be damn
ed"
Frank Bergen made the principal
defense for the company.
The next immediate action Is ex-
pected TO be the appearance in SUI
preme court here tomorrow Of the
company to answer quo warranto
proceedings. The latter were fled
with tl1e court last week bv aftor-
ney general McCran to deternfue
by what right the company contin-
ues the occupation of the streets
with its trDliey tracks withopk r,raz
! viding trolley service upon them Tor
the public.
That the city officials of the n,i-
inequalities through which the lines
Of the Public Service Railway Com
pany runs were attempting to pass
the buck" to the chancery court il
the matter of solving the difficulties
between the company and the public
was the charge made here yesterday
by former Attorney General Robert
II. McCarter in his argument resist
ing the application for either a Inau~
datory injunction or a receiver to
get the cars in motion.
Mr.. McCarter. when he made his
reference to the municipal heads,
was discussing the plan advanced by
the company for the settlement OF
the strike and other problems in
volved in the dispute. He said the
plan was unanimously endorsed by
numerous organizations and people
except some politicians" He de-
clared that the city officials had
stopped their efforts for a settle
ment, as it was their duty to work
lor this comment.
'As soon as this proceeding for
receiver was started they ran TO
cover because they thought it a fine
opportunity 10 pass the buck to your
honor"
''Why did they not take the same
position with respect to the OF,
pending court proceedings" asked
Mr. Walker.
Mr.. McCarter replied that this was
probably due to the fact that the
people were not so familiar with the
significance of mandamus and quo
warranto suits as one for receiver
and also because the others would
be long drawn out.
An interesting feature of the pro-
ceedings was the appearance OF for
mer Vice Chancellor Lane in the
battery of counsel presented by the
Public Service Company. Mr.. Lane
has been representing some Of the
iitney and bus operators in recent
months and his appearance here yes
terday indicated that his legal gifts
hereafter will likely be arranged
against his former clients-the bus
men-who are one Of the important
if not the outstanding, factor in
the whole trolley fight
The entire argument for the state
was presented by Mr.. Nsweorn. At
torney General McCran was present
but did not actively enter into the
discussion. Thomas Brown, counsel
for the Utility Board, and former
Judge John Wahl Queen. assistant
counsel. and Frank Summer, also
sat at the table with Messrs. New
corn and McCran.
AS they fought Messrs. MeCarter
and Lane, for the company. had the
advice of Frank Bergen, former
Judge +. Amber Armstrong, former
Judge William H. Speer. Thomas n.
MeCarter, president of the corpora
ton, and former Senator Edmund
w. Wakelee, vice president.
The gist of the argument of the
company's lawyers, outside of their
questioning the jurisdiction OF the
chancellor to act while the two pro-
ceedings for mandamus and quo
warranto are pending. was that for
the company to be commanded by
a mandatory injunction to resume
operation at this time would mean
that tho would have to put -
6, 500 striking trolleymen back
work at the twenty per cent incref
which the latter have agreed to
cept and that this would cost
company $4,000. 600 more a year d
operating expenses and result in 4
deficit at the end of the year q
. o nm mn