Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-08-03
RYAN FILES TRANSIT
BRIEF WITH PUBLIC
SERVICE COMMISSION
City Solicitor Refutes P. R.
T. Objections in Appeal
for Certificate of Public
Convenience to Permit
Start on Transit Work.

City Solicitor Michael ]. Ryan filed a
brief today in the application of the city
of Philadelphia before the Public Service
Commission at Harrisburg, for certif-
icate of public convenience to permit It
to extend its transit facilities by means
of elevated and subway lines.
Mr.. Ryan calls the attention of the COM
mission to what the city believes is a nee
essary improvement in its means of trans
portation, and recites the testimony al
ready submitted, showing overcrowded
conditions In the heart of town during
rush hours, the long delays in transporta-
tion of passengers, the need of develop
ment in the city, its spread in various di-
rections and the necessity of meeting the
increased demands by extension of lines.
Mr.. Ryan. in his brief, goes at length
into the history of the movement for bet
ter facilities, and then takes up the ques-
tion as to the supposed rights of the Phil
adelpha Rapid Transit Company and its
underlying companies, by virtue of certain
acts of assembly, and under it's contract
of July T., 1907, with the city of Phila-
delphia.
In support of its position the Phladei-
phia Rapid Transit Company deeppds on
the act of 1856 The brief contends. how
ever, that every line of this act evinces
the purpose that the surface of Broad
street shall be beautified and made at
tractive to the eye and useful as the CEN
trail avenue of Philadelphia. Not line
in the entire statute indicates any pur-
pose to deal with that which cannot in
terfere with its use as a beautiful drive
way or highway, to wit:
A road undr and wholly disconnected
with the surface of the ground. In other
words, the statute had no reference to
any structure or contrivance which could
interfere with the purpose of maintain
ing Broad street as a beautiful highway,
and certainly not to a subway, which,
at the time of the passage of the act, was
unheard of.
In answer to the argumetn that. in or
der to construct a subway condemnation
proceedings must first be instituted. the
brief declares that II the Transit Com
pany will suffer any damage by the con-
struction, its remedy is to appear before
the Board of Viewers who will be APP
pointed to determine the amount of dam
ages suffered, and there present such a
claim as It may have.
The objection of the transit company
that the construction of the subway line
violates the provisions of its contract of
1907 with the city is dismissed with the
statement was not intended to debar the
city from itself building subways and
elevated lines, but was intended to give
that company the privilege of building
such structures only as against other per-
sons, companies or corporations.
In concluding, the petitioners submit
that the certificates prayed for SHOULD be
granted, and that the great City of Phiia-
delphia should thus be permitted to pro-
ceed with the work of the construction
of these lines of railway which are so
necessary to knit a very extended city
Into one homogeneous community, to in
sure its continual development, the in
crease of the value of property embraced
therein, the promotion OF the comfort,
safety. the convenience and the great
saving OF the time of the community, and
the enabling of this city to keep pace
with its rivals in every part of the coun-
try.