Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-11
WANT A COMPROMISE.
Allegheny's Street Railways Ready
to Settle With the City.
A POINTED LETTER SUBMITTED.
Thestatute Of Limitation May Be Invoked
in the Case.
FIFTEEN DAYS FOR CONSIDERATION

The subcommittee of the Allegheny FL
rance Committee held another interesting
meeting last night. The principal matter
discussed was the tax on the cars and divi-
dends OF the Pi:tsburg, Allegheny and Man
chester Traction Company. After thor
ough investigation BY the auditor he report
ed that the company owes the city of Alle-
gheny S15,073 72, of which s9.s40 is due
from the tax on cars at $40 per car per year.
The company claims that for the past 20
years it has been paying the tax on the av-
erage number of cars run, which Controller
Brown verified but could not say who had
construed the ordinance that way. The fol-
lowing communication from the Pittsburg,
Allegheny and Manchester Traction Com
panv was read:
This company, for the purpose Of settling
all claims on account of stock dividends or
car taxes against it, the Pittsburg, Allegheny
and Manchester Traction Company and the
Pittsburg Union Railway Company, hereby
tenders the city of Allegheny the sum of
Sc, ,s6S So, which amount Is made up as fol-
lows:
Their Bill of Particulars.
Stock dividend tax to July /, 1891, IS. 4SS sS.
Car tax admitted to be due by tho company,
$50; on Union line, $50. The item S. 4Ss SO is
a tax on stock dividends, all Of which were
declared prior to 1872 and many years
before the traction company was in
corporated. To this item the company could
interpose tho technical defense that the
claim was outlawed, being upwards of 20
Manchester Railway should have paid the
taxes when they were due and this com.
pany does not wish to take advantage of
any technical defense that it might have,
but rather than the city city a,a should
because it is equitably bound to do so. The
interest of $50 is arrived at to the full salts
faction OF the citv's auditors when athey
first made an examination Of the company,
and as q result of the operation OF the agree
ment in force between the city and
the company for the past 30 years, viz: that
average number Of cars run during the
year.
Their Basis Stated.
It is upon this basis that all dealings have
taken place between the city and the COM
pany for the last 80 years, and it is only just
that settlement be had upon the provisions
of the same agreement. The item of $50
was found by the auditors to be duo from
the Union line and was by the company ad-
mitteG to be due. This tender is made upon
the express condition that II it is not ac-
ccpted It shall be without prejudice to the
rights OF this company, the Pitrsburg, Allie
gheny and Manchester Passenger Railway
and the Pittsburg Union Passenger Rail-
way under any and all circum-
stances and in any litigation in
which the matter mentioned may be
in controversy. And further, that unless
the samo be accepted within Is days OF its
submission that it shall be considered null
and withdrawn.
The letter was signed John II. Dalzell by
George B. Hill.
A Lively Discussion.
The communication was the subject of
considerable discussion by the members of
the committee. One member was in favor
of making compromise, and motion was
made to offer to make settlement for IS, 900,
but it was not seconded. 1t was finally
concluded not to act on the matter
until written opinion could be secured
from City Solicitor Elphinstone on whether
the claim was outlawed by the statute of
Limitation, and also whether the accepting
|, of the tax on the average number OF cars
instead of each car would invalidate that
claim. A communication was also received
from the Allegheny Traction Company ac-
knowledging bill of $1,000 as correct, and
voucher will be sent in at once for the
amount
During the discussion it was developed
that the Pleasant Valley people were seri-
ously thinking of taking advantage of the
statute of limitation. The matter will be
brought before the Finance Committee this
evening.