Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-01-20
A DREAD PARALLEL.
Attorney Magee Explains a Phila-
delphia Railway Notion.
PITTsBURGERS WANT PROTECTION
For Their Street Railway Investments,
Now Unconstitutional,
BST ONLY OUAKERS FEAR To COMPETE

So much comment was going the rounds
Yesterday with regard to Representative
Iaferty's legislative bill comforting extra
mowers upon passenger and traction railway
companies and so many persons were dis
posed to criticise the anti-parallel clause,
that an authoritative statement, as to the
exact causes and scope of such bill, was
sought at the hands of F. NJ. Magee, ESQ.,,
who, as a traction railway representative,
was known to be familiar with the situation
that seemed to require some sort of legisla-
tive relief. To a DISPATCH reporter yes
terday, Mr.. Magee said that this, or some
similar measure, seemed to be absolutely
necessary to protect passenger railway COM
panies that were at present acting under
laws which the Supreme Court had declared
imperative. Clearly explaining the mat
ter, Mr.. Magee said;
Previous to the adoption of the constltu-
tion of 1874, passenger and street railway
corporations were governediby, and only op-
Grated under, special statutes. Now, under an
amended constitution, no such special legis-
lation can be enacted. Very well. Phila-
delphia, with her large population and al
most overwhelming influence upon all leg
islation, has heretofore
OPPOSED THE PASSAGE.
of general art to operate in behalf of or
upon such corporations. The general laws
of 1S79-s1 were changed by the Philadel-
phia members of the Legislature so as to
confine their provisions to cities of the Sec
ond and third classes; and it has been under
these provisions that the West End, Union,
Peoples Park, Transverse, Second avenue
and Allegheny electric railroads in this
city and Allegheny were operated.
''Last fall the Supreme Court, in the case
of the Williamsburg Street Railroad, over
which car was never run-a little 5000
suit that nobody supposed would ever
amount to SO much-decided and fatty de-
clared the passenger and street railway acts
of 1S79-S1 unconstitutional, because they
were directly in the line OF the special legis-
lation forbidden by the constitution os1S14.
"As organized under the acts of 1S79-S1,
there are about 100000 invested in the
stock and bonds of street and passenger rail-
WAYS in Pittsburg and Allegheny. These
securities are held by all classes of citizens;
and the only wav to render them valid
would be by the enactment of general law,
authorizing the incorporation and formation
of street and passenger railway companies;
such act to contain a remedial section by
the terms of which companies incorporated
under the color of law and having letters
patent of the Commonwealth upon which
they were actually operating, could, upon
the surrender OF the same, have
NEW AND VALID CHARTERS.
issued by the Governor. They could be
rendered valid in no other way; and the
main object OF the legislation for the incor-
poration and regulation of passenger rail
ways, now before the Legislature, was to
effect this result.
"The limitation of 1000 feet regarding
parallel lines of new railways was put in by
the Philadelphians, who are very largely
interested in traction and other passenger
railways, and who in fact don't want any
Legislation at all passed on the subject. 1t
really doesn't and can't affect passenger rail-
ways in Pittsburg, because no passenger rail-
way could be built in this community, and
be made to pay, unless it got into the down.
town triangle of the city; and the streets in
that section are all occupied already.
''The object Of the Philadelphians in put
ting in that clause? Well, sir, it is simply
to prevent the possibility of further compe-
tition by passenger railways in that par
ticular city. 1t doesn't apply to Pittsburg
at all, as have just shown; nor, indeed,
did Plttsburgers desire the limitation.
Their primary object was to render valid
the investments made in good faith BY citi-
zens of this COMMUNICATING more,
nothing less"