Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-07-10
TRANSIT FIGHT IN COURT;
INJUNCTION ASKED
Continued from Page One

/
| Continued from Page One
llcan Organization taxpayer would bring
suit to obtain an injunction to hold-up the
| transit plans until some future time The
recent action by Councils on all pending
transit measures and the open statement
| of the leaders that they we're favorable
| to rapid transit, had. however, materially
dlspelled suspicion that such a move was
to be made.
During the heat of the fight made by
Director Taylor for the approval of his
plans by Councils, Mr.. Dallam, the COM
plainant, issued a booklet oondemning the
entire project. Little attention was given
to 1t at that time and 1t was not gem
orally believed that Mr.. Dallam would
be the man to bring the suit.
TAYLOR COMMENTS.
Director Taylor. when informed of the
suit, said that the bill in equity simply
involves technical legal questions, and
that the question will be placed in the
hands of the City Solicitor promptly on
Monday morning.
1t is set forth in the bill that the report
of Taylor on the advisabllity of construct
Ing additional transit facilities for the
city was submitted to the Mayor and
considered by the city authorities. The
report stated 'at the beginning of the
transit inquiry 1t was found that the city
was devoid Of legal authority to con-
struct or own transit facilities and also
that the city lacked the necessary finan-
cial resources under the then existing
legislation" In an effort to supply the
authority of which 1.-The city of Philaldel-
phia was devoid" and TO avail itself of
the necessary financial resources" which
"the city lacked" the hasty, expedient
a nd NTf nCfa ~ A ~,
and ordinances were passed
Further quoting from the report. the
complainant says 1t stated prompt steps
should be taken by the city to secure
early adjudication of questions which
may arise as to the validity and sufi-
cheney OF legislation which has been
passed primarily in the interests of tran
sit development
TO SETTLE LEGALITY.
Dallam, the petitioner. states that he
concurs in the advisablity of securing
early adjudication OF questions which
may arise as to validity and suficlency of
legislation. and TO this end began the
present proceedings In equity. He is in
formed by counsel, believes and AYERS
that the legislation branches the validity
and subsisting contraotual obligations of
the city; disregards the statute law OF
the commonwealth, regulating municipal
corporations engaged or about to be en-
gagged i'm the business of public service
corporation and ignores the commission
therein established to prescribe, define,
regulate and limit the powers Of such
municipality; revolutlonizes the laws of
the State or ordinances OF the city rela-
tive TO the imposition and collection OF
taxes; nullihes the constitutional re-
strafnts and limitations imposed to curb
extravaganza OF municipal expenditure on
credit. and is fraught with financial
economic and political peril 10 both the
Commonwealth OF Pennsylvania and its
municipalities.
1t is stated that at the time OF the en-
actment by the city Of the enabling ordI-
nanceH. and at the present time the net
city debt Is sl2O,l24,S6 6469. The total as
sessed valuation OF real and personal
property is s2,252, 4ss. .4ss.sl, which Includes
the personal property under the act OF
pedient" legislation which the complain
ant attacks
BORROWING CAPACITY. Il
The total borrowing capacity OF the
city based on z per cent. or the assessed
valuation OF taxable property les the
net debt, Is, according to tho bill. only
So $40. .s2S0S, This is for permanent Inn
proyementE. The total borrowing eapac-
ity for general purposes, according to
the figures or Dailam, Is but S2.76S, ,O7b. "a.
1t Is then set forth that on March s.
1915, the Mayor approved an ordinance
slgnfying the desire OF the corporate
authorities OF the city 10 increase the in
dsbtedness s6.o00. 900. the money to be used
toward the construction Of a subway rail-
way IN Broad street from League Island
10 Olney avenue with the necessary
branch lines and an elevated railway
from Front and Arch streets 10 Rhawn
street, and 20 authorize the submission
OF this proposition to the vote or the
electors II Is then explained that the
special election necessary WAS held ana
the loan passed. The complainant then
quotes the ordinance Of June sb 1915, 10
auihoEize The execution Of the loan.
The total cost OF the construction OF the
additional transit system authoH1ei by
the ordinances the complainant points
out, q much Ia excess OF the Sc, 900 900 ai-
thorlzed by he city 10 be borrowed The
repoft ~ Taylor TO the Mayor contains
a number Of estimates OF the cost ana
the Following figures show estimates
which Taylor recommended, ana these
estimates cover neither the coat of zeal
estate necessary to be acquired nor the
cost of eauipplHg the lines.