CAPE MAY COTUTY TIKES, FRIDAY. JUHE 28, 1928

Fare Report to be Contested

Utilities Board and Cities Will Take Exception to Haicbt’s

File Briefs With Court

ptor JarMy PH*ocM(« to Mak* Auto tor Virgin!*—OUto RmmIvm Contract for &40^X)0 Pair* of Motor VeMola Uoonaa Plate*. Trenton.—exception* to the report ! Special Master Thomas Q. Haight for the United State* District Court In the injunction proceedings of Public Iterloe Railway Company agalnet the labile Utility Commission will be prepared at a oonlereooe of oounaei for

tb* oacnmlBs'on an

Matttiea. The oonferenoe wfll probably lake plaoe at the board rooms in the Bnney bonding, Newark T L. Edward Hemnan. spedal •b. the oommlaBton, at hi* 4 isrsey City said he could not Indicate • nature of exception* which wlH be k» as only matters of policy hare considered np to the praaent The meeting with the oonunteD was simply to determine the pot- < the board, he added, rather than i the character of the legal

bh It Is propoaed

die and eighteen and one-half cent* lor the large slsa Announcement to thi* eSeet was nade by Comtniasioner Lewis of the Department of lastitottoo* and Ageatiea. Mr. Lewis atated that the oo«* swot was obtained a* the result of n»

pertinent, officials of Virginia and the Department of !»«**<♦»Heaa h vaa learned from th* parahaatng departs meat that those In dtaege of th* Induetries at the prison wCl increase the force and also inersaaa (he wcrhlm hours from an eight-hour ahm to two shifts of eight hoars mdb. and to this way hasten th* pradnetiba of the

Mr. Lewis MOad that ate* are ahoot half (ha weight of those prodnoed tor Now Jersey and also that not as many coat* of enamel would be required lor (ha Southern

lil holleeguea—Prank H. Somme?, Counsel tor Newark, and George L feeoord tor Jersey City. Paterson and V’her municipal Hie* — Mr. Hemnan tadared, a statement will be gfran to

Vm preaa by the full counsel. < Federal Jurisdietkm Tile question of Pederal Jurlsdlcagn

Vs* the only one dleewed by the board In the stated out of policy to-

•aed. In ^oppose tl

i the ooutomatloa of the report Wore the Federal court and if mom.Bary to take an appeal to the United States Supreme Court" th* osrmnto-

Won stated:

"The board tods that the poffcy of State regulation is at stake. ET a Judge M a Federal Court can aet aside th* hots of th* board, and hi effect fix a tats, ae was done in this case, the lee •akti#* power of rate fixing is at ae

find."

This oueation of Federal Jartadtetioe Mas dlsimnewd in aome detail by Mr. Ilalgtif, to his report, th* special m**tar expressing the bdlef that the reaMn tor th* appeal to the Federal Court Tree generally mleunderatood. la • ahapuw on General Rules of Law; hi

Ur*.

“In rtow at the public tutorert to this case, and what I think is a central misconception on the part of the public of the reason why a federal Court has taken Jurisdiction (hereof, I feel that reference should be made to •ome general rules of law applicable to this kind of a case. Fair Return “■ le plaintiff Is entitled to earn • fair return upon the fair or reasonable value of its property denoted to the public use (except ae may be qualified by the reasonable worth of the serrios s feature, hereinafter discussed). and any rata of fare proScribed by Che State oc an agency thereof which falls to produce such a Iwtnrn would effect a confiscation at Its property In riolatioo at the Fourteenth Amendment at the Federal Constitution. “When the Jnrledtotion at a Federal Court la Invoked on the ground that B«ch a rale I* confiscatory, the court has no discretion in the matter, bat toust entertain the eult. and If U findr the rate confiscatory it moat enjoin tta enforcement. As wee said by the United State Supreme Court to W1Usox vs. Consolidated Gas Company. “Thera Is no dlecretlou or oomHy About 1L When a Fader-! court te

tag plant was installed In the prison.” Mr. Lewi* stated. "It was understood that eventually the state would undertake to manufacture tag* for other statea. K Is agreed generally that the tags manufactured to New Jersey Brats prison are the beet on the market. No pair of them ha* over been returned to be ra enstncled"The work will tomlah full time tor

WOODBIKE Mr. and Mrs. S. Schultxberger spent a few days with relatives In Jersey City last week Emanuel Smith returned to hi* home in Philadelphia, Friday, after spending the week-end with hla grandparents. Mlse Abrams visited hei slater in Philadelphia last Wednesday. Mr*. Sobel and chUd. of New York, are spending a few days with her parents. Hyman Upechis and family have moved to Philadelphia where they will make their home. Dr. Joseph Leveneon and mother ;re Philadelphia visitors last w Miss Luba fielgel spent the wi end In Philadelphia. Harry Goldlrger and brother Louis motored to Philadelphia Monday. Mrs. M. Immerman took a business trip to Philadelphia Monday. Miss Bessie Joffe, Sol. Singer. Ben. Cohen. Samuel Cohen, Raleigh GoldInger, Ben. Greensteln, college students. are home for the summer months.

era oontinoooaly and will allow ee to pay wages to an additional number of be used for the benefit of themaelvaa and their dependents while they are eerrtog their terms ■Dirt la fiytoff on the BordentownCrosswlcks Creek out-off and every one la highly planned with the way the thirty-seven prisoners are working and with the cooperation we are getting from the principal keeper of the prison," Mr. Lewis’s

rids.

MeMe BHI Inqt* Testimony of seven mem beta of (kn Laeembty taken leelooer 1 tire to their reoordt. afflnnetive votes MU afidteg a state Ughto Toma Rlvaeeertioos by (hat they had voted tor the MR as recorded. One member said thet be had not voted tor K. on* that

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we* aotneliy to tire Mr. Oomgten. th* fint strums «*- amtoed at the Inquiry, testified he had

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"Are yon surer Me asked with respect to that he left before the v -Absolutely" was the .reply. Mr. Compton aieo said he had a record of Republican caucus measures and the Mathis bin. Senate US. did ncx appear on hi* list as one of, them. Mr. Chnrpben stated categorically he had voted lor the MIL Mr. Deter admitted he had no recollection of the Mathis bill mv-iing up while he was in the Assembly chamber. He aeld he had been exeneed ahoot 8 o’clock to the erecting, the House beta* then unde? call, bat had not left the chamber

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Which It ha* by law Jurisdiction, (t is tti duty to take anch Jurieiiotion.’ “Free From Dot ot" “The Federal (X-urt. however, will hot srt aside or enjoin the eoforoetoent of rate* prescribed by a state or an agency thereof, except to dear Oases or, as It In aometlmee osproeeud. (hose ‘reasonably free from doubt.' "A* a coronary of this rule, ft eeemo to me that all intermediate question* Of tart, about which there 1* a reel doubt ahotud be resolved against th* Malrtiff. 1 have been governed to arriving v my oondueioos by enrti a this. “The vnjoe o. the pMJntiira property which la to be need for determining Whether the rate complained at Is Confiscatory k not the origlna.' cost Of such p»up< ty but the value therv Of at the tin.« of Inquiry, or, to other Words, present value. “Insofar as preeeot value may repraeefit appreciation owr original ooat fine tc a general Increase In prices o’ labor and material*, the busing of a rate upon proaeut value does nothing to or. than ouuipaoaate the ntilRy our po rati on fur the deoreaae which ha* taken plaoe In the parohaatog power Of a dollar." A number of dtatioos are gfran In Uppurt of the four rales of law. Art® Tag* lor Virplala Inmate# at the New Jersey Hteta Frlson will be acxtgwd in lh« n>nr future la the manuteouro of MCAXKi pelts af motor vehicle hcenee lag* for the out* of VbwlaJa. New Jersey'* bid. th* lowest for the 1M4 plate- was ato-

ooe. both of Union, neither of whom recorded as voting oc the Meihia measure. Mr. Deter said he had voted for the Mathl* bill when k first passed and had no reason to question toe record, Indicating he bad again supported It wht-n It oame np over the Governor's veto. He said K was the Intention of Bergen county to support all road bill*, a* the county had Us own measuree to which It was Interested. ‘A caec of 'you scratch my beck and rn eoratoh youra.’" suggested Asgfch ent Attorney General William New corn, who was conducting the examination of wtonuasee. “I wouldn't say that." reptied Mr. Deter. "We got our* and we're kem>

tog faith. "

De Loranno Sheds No Light Mr. De Lorenno oouM abed no light upon the soon racy of the record Usb log him affirmatively. He did not recall the bill being brought np while be was to the -geembly chamber and ■aid be might have been present at the time or noL He did not recall remaining at the State Horae until final adjournment that night and denied having boon in th« same train with Mr. Deter. Neither had be any rvcol-.-ctlon of haring bran aaked by a New* repraeuetativ* ae to the train be had taken. Mr McCullragfe eald be had oonfu»»d tin- Mathla bill wHL a Burlington county meaaure when prevkiutly qu<«tioned ae L< hi* vote. He testified h- was In the clerk'* office el tii# time when th* late Captain James Parker, the assistant clerk, cam® into the office and asked Upton 8 Jeffreys, the clerk for a MU whlcfi be reoel-ed and took to the speaker's d*ek Without knowing definitely whet this bill rras Mr. McCullough said ha assumed It was the Mathl* meaaure which was taken up shortly afterwards and

voted upon.

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