Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-07-31
TRANSlT'S BIGGEST FOE
NOW ELINfNATED--RPAN


the transit company until late iast night
He further said that he and Mf, Dallam
will confer on their legal procedure early
IN dIssaasinh and effset that the ae.
tion OF the Transit Company might nave
on Dallam's suit, Mr. Vale said
mir Dallam began his suit without
either the aid or knowledge OF the Phila-
delphih Rapid Transit Company, and he
viii doubtless continue his litigation in
dependent OF the Transit Company. The
attitude OF the r. r. 7. to the transit
plans has no bearing on our caseN
TO PUSH sUfT
This withdrawal OF opposition ls, Of
course DEVELOPMENT that we knew
nothing about. we shall, OF course, do
nothing until some action Is taken by
the Public Service Commission II the
hettlheAtA OF public convenience ig Issued
Our next step will probably be to ask
Judge aulzberser to continue the In
junction TO prevent the city from pro-
ceedIng with the work. II he denies us
the injunction we may appeal to the
higher courts on the other hand u the
injunction Is continued, the city VIII un-
doubtedly appeal to the higher courts"
TAYLOR GRAT1FIED.
Director Taylor Of the Department OF
0ltY IFNnElIt VINO Is 1T fAAlhllllC OllSt re-
iterAted today his qualification at the
withdrawal Of the opposition Of the tran
sit company to hIs comprehensive high
speed transit plans. He declined to COM
ment further than to say that the transit
company has taken an important step
toward cooperating with the citizens OF
Philadelphia He Is expected to Issue a
formal statement early next week.
T. Il. Mitten, president of the Philadel-
phla Rapid Transit Company, and Ellis
Ames Ballard, counsel for the company,
were both out OF the city today. It was
stated at the 6ffl6es of the Rapid Transit
Company that at this time there is no
further comment TO come from the COM
pany other than the letter forwarded to
the Public Service Commission.
LETTER ANNOUNCES CHANGE.
The decision OF the Transit Company
TO agree TO the citys plan for subway
and elevated construction was revealed
In a letter received by the State Public
Service Commission at Harrisburg today.
In this letter the company withdrew the
protest which IL mad made against the
granting of certificate of public con-
venience to permit the beginning Of con-
struction work on the Broad street sub
way and the Frankford elevated lines.
While the sudden change of front on
the part of the transit company is one
of the most startling developments which
has come about In the entire transit fight,
no hint Of the reasons for the change
could be learned from the officials OF the
company The move was entirely unex-
pected Sy either City Solicitor Ryan or
Director Taylor.
The vigorous opposition to the granting
OF the certificate Of public convenience
which Ellis Ames Ballard, chief coun-
sci for the company, had offered at the
public hearing in Harrisburg on Monday
had disturbed even the most sanguine
of Director Taylor's supporters 1t was
generally believed that the move by Mr..
Ballard at that time presaged a long
and bitter legal fight.
The City Solicitor, proceeding on the
belief that he would have to fight the
matter out before the commission, had
forwarded to Acting Chairman Penny
packer 40.page legal brief answering
the arguments offered by Mr.. Ballard
against the granting of the certificate.
Several hours later he was informed Of
the action of the transit company
THE coMPANY's STATEMENT.
the Public Service Commission follows:
The Philadelphia Rapid Transit
Company, while asserting its rights
under the contract OF July 1. 1901 to
a 90-day period within which to ac-
eept or reject the construction of the
high-speed lines for which the city
now asks a certificate or certificates
of public convenience. and further
asserting its contract rights on Broad
street vested IN the 18th and 18th
Streets Passenger Railway Company
under the act OF March q. 1878, where
by, in consideration or that company
surrendering its right to build and
operate a railway along Broad street,
the state of Pennsylvania covenantcd
that said street should not be there
after used for transit facilities COM
petlng with the lines of said company
on the adjacent streets, viz, 18th
street and 18th street, which contract
rights 1t asserts are inviolable, sub
jeot only to taking with compensation
under the power OF eminent domain
duly exercised.
Nevertheless, In view of the evidence
presented at the hearing before this
commission, showing tnat more than
twice as many citizens will be served
by the high-speed lines II operated by
the Philadelphia Rapid Transit Com
pany than If operated by an inde-
pendent company, and OF the state
nsnt by the Director or city Transit
that in his opinion It is preferable to
have them operated by the Philadel-
phiA Rapid Transit Company, and be-
lieving that at the proper time con-
tract for the operation OF these lines
will be offered by the city Of Philadel-
phia to the Philadelphia Rapid Tran
Hit Company which van be accepted
ana which will fully and fairly protect
II from competition which II ID asked
to set up against itself, and In order
that public improvements duly au-
thorized by City Councils may proceed
without delay. hereby wlthdrAws any
a ~ Fyt3lNA
have entered In respect to the grant
ing OF the certificate or certificates OF
public convenience prayed for by the
city Of Philadelphia.
PHILADELPHIA RAPID TRANSIT
COMPANY,