Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-07-16
INJUNCTION rs DENIED
TO FOE OF TRANSIT
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berger during the course of the proceed
ings that he might order the case to re-
main Status quo" was Immediately ap-
proved by Mr.. Ryan, who declared that
the city had no intention In any case of
proceeding either with the flotation of the
S60OO,00O lean or the actual construction
work until action had been taken by the
Public Service Commission.
Mr.. Vale, however strenuously objected
and declared that an injunction should be
granted so as to provide some specific
basis upon which the case might pro-
ceed. The court refused to listen to his
plea, particularly in view of the fact that
any action at this time might be a
usurpation of the authority rightly vested
In the Public Service Commission
Frequent tilts between Mr. Vale and
Judge sulzberger made the case un-
usually interesting from the point of view
or the spectators. At one time early in
the hearing the Judge became so irascible
that Mr. Vale stopped short and it looked
as II he We're going to abandon entirely
any attempt to present the case.
MIR. VALE SHOWS RESENTMENT.
EXasperated by the continued reitera-
tlon of the Court that he be specific, Mr..
vale hnally exclaimed: May it please the
court l do not wish TO be Inundated"
An attack upon the constitutionaIty of
the loan on the grounds that the texnav,
ers had not been advised that 1t was TO
be hoated partially upon the personal
property tax as basis of borrowino,
was swept aside by the court with the
comment that 1t was only a matter of
method In housekeeping, and il was NOT
In the Jurisdiction of the court to inter
fere there
When the first reference was made hv
Mr vale to the unfairness to the Phila-
aelphla Rapid Transit Company in enter
s upUh the transit program, Judge Sulz-
berger Immediately interrupted and point
edly asked who was bringing the suit
Ihe city Solicitor arose at this noint ana
remarked that Mr.. Dallam was undar-
STOOD TO be taxpayer, and that there was
no PROOF that he was representing the
transit company. 1t was evident that the
veiiea insinuation did not escape the
notice Of the court. '"e
INvoKEs OLD STATUTE.
~, An old statute passed in 1sls. which Mr.
vale declared provided that n one sbo,,si
% O III oe turned in public project the
brot,aL tatlhot t.t then stop the work, was
Drought forward as proof of the need TO- |
an injunction. In the face of the ayov,oi
OF the City Solicitor that no further stops
NOulu pe taken until the matter had hear
passoa upon by the Public Service Com
iiissloh, the court would not consider sari-
Vusly t,, the mint that Director Taylor might |
soi,a surh a single spade of earth TO foresfaIi |
court Intervention. es'all
w we are not proceeding on the assur,r-
va,ltai n .'at the law is going to be clrcum- |
"u' "sS Judge sulzberger remarked |
,,tneue o'iu asiue from this / do not think ira |
an.T,pLs pLelauoh you place upon the old en- |
-, e''iIeht Is good law. II is certain that |
oa nU man nan Dy turning spadeful OF earth |
can dety the courts and the Copstit,,t,H ~
OF the Commonwealth. u'ioh
en- opposing the contention OF Mr. YaIs
s6 aial S the +, H. t. should have been given
y',,Is ~ uSys hotiee OF the city's intention 10
t,sa uul'1 looL the new lines under the terms NJ
.t -. ~, contract. Mr.. Ryan declared thai
case at all. On the
The right of the city to build the Rro,a
,,s.aI subway and the FFankford eis-
hS.t ne SAID was conferred upon :,
~ ~ 'Hs ,so7 legislature in 1913. Therefore by
ei',.t t9U, agreement the city could not
is1s,. i away What It did not possess until
tbs bottpmentIng tranli upon the argument that
cit1, ast pIosram may embarrass tbs
tsS rate Mr. Ryan said, 'If tbs
fsnIt ~ .s - raised certainly it viii be tbs
elIlhen and the oficials.' ~oun-
When questioned, al the reo,,.4
tbat aSi,,Sr Isylor Judge sulzberger ruIed
,,a' ia advertising for bids on the eonstr1,o-
- III - @oih might continue In the nansrs
,s,n ol the provision they now cor.
- shat the entire question Is subtsot
20 20 the approval of the Public sao,.s saolsee
Commission '0 service