Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-09-02
nTNEURSLOSE FIGHT
TO RESUME BUSINESS;
.JuDGE REJECTS PLEA
o.ouests for Injunction, Which
would Have Permitted
Nickel Cars to Return to
Streets, Denied
LAWYERS STILL HOPE
D.r,o Declares He Has Another
w Plan to Win for His
Clients

r.rsuson this afternoon depied
'"'e .,,.,,ro.n Of Philadelphia their
lho .a,,asts for injunctions against the
' .,,v Of Philadelphia. which would nave
.r,O,,ted ~ them to begin operations at
once. A.. aoo,s,ors
49, decision on the application of
.s,-..., Francis Doyle, attorney for the
p,usdslphia Jitney Association and the
sor,h Philadelphia Jitney owners Asso-
1,.,,.. Judge Ferguson denied the re-
-,.s, on the ground that the jitneymen
might have been more prompt in asking
.ho court to intervene. He called at
..r,,on TO the fact that any one of the
.,,revmerf could have prevented the vaca-
a. 81 the original injunction, granted by
Judge sulzberger by filing the bond asked
Of s2SCO
rno Court also contended II the jitney
,,.n were being done irreparable damage
.hsv should have begun new court pro-
caedings as soon as the major portion or
the original Injunction was vacated.
IN the case of the application of the
Union Motor Bus Company made by
Harry NJ. Berkowitz and Harry Shapiro
nudge Ferguson refused the Injunction on
the Ground that while the question they
hrought nm in their petition differed some-
what from the original application for an
Injunction. their action should have been
heg,,n In Common Pleas Court No. l, in
which court the old case is pending.
Mr.. DOYLE expressed regret when he saw
tha decision, but said he had no doubt
that ultimately he would obtain the de-
sired results.
Continuing, Mr.. Doyle said he had a
plan of action in mind that he would
Immediately put into operation. For
the present he would not say Just what
course of procedure he would pursue.
Mr. Berkowitz was also confident that
he could win the case for the titney men,
and said that he wou,l Immediately pre-
pare new bill in equity which he would
Ale in Common Pleas Court NO. 1, and,
therefore. be prepared to join with the
attorney for other jitney men In order
that victory might be assured.
Although Mr.. Doyle would not divulge
the nature of his contemplated action to
ret the jitneys back on the street, 1t is
understood that the plan is to have q
itney driver arrested, and fight the case
n the court in order to test the consti-
tutionalty Of the jitney ordinance.
General regret was heard among the
scores Of jitney owners and operators.
who had been standing around the City
Hall all day in the hope that they might
begin to pull in the nickels. Several of
4 them declared that the decision of Judge
Ferguson spelled financial ruin.
They asserted that they owed part of
the costs of their cars and other bills
which their creditors had been willing
10 stay because of their hope that a new
preliminary injunction would be granted
and the jltneys could then make sufficient
money to meet their obligations.
Very few of the owners and operators
entertain any hope of being privileged to
run until some time after September 90
when Judge Sulzberger will listen to an
appeal for date for a final hearing OF
the original injunction proceedings.