Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-02-12
rdnsit Tax Plan
Vdlid"- johnson

Continued from Page One
though the determination of 1t Is not es-
sential, in view of the undoubted borrow
ing capacity OF the city, based upon the
valuation of real property alone. Our
reason for now passing upon the question
is, as was said by the Chief Justice, at the
argument, that 1t Is sure to arise In the
near future, and until II Is finally settled,
neither the city authorities nor the voters
at an election for the increase OF loans,
nor the purchasers OF city bonds, can act
with certainty. The last assessed valua-
tion of personal property preceding Feb
ruary 81 1914, was $5Tl, ,539 10, and the
authority of the city to make 1t part of
the basis of its borrowing capacity is
found in the act of June II. 19l3 p. l..
5O7; but 1t is said. though not argued with
much seriousness, that the act of 1913 Is
unconstitutional
After discussing the question OF con-
stitutionality, the Chief Justice adds:
1--WE now declare 1t to be valid legis-
lation'
ut is simply impossible, after reading
these words, intelligently, to believe that
the Chief Justice was uttering a dictum
and was not expressing the opinion of
the court-the unanimous opinion, because
of the dissent of Justice Elkin was upon
an entirely different point.
THE matter was a public one, which 1t
was essential should be set at rest in
order that the public might act intelli-
gently. The parties before the court were
sufficient to enable 1t to pass upon the
question which had been argued and
which, sooner or later. must be decided.
TT is not for me to say that what the
court did was proper; but think no one
can reach any other conclusion than that
the public interests demanded such an
announcement of the opinion of the court
as was made
'In my judgment. the syllabus prepared
by the reporter of the court expresses its
decision, and not an obiter dictum.
The act OF June II, 1913 Up, l., SOD.
imposing taxes upon certain classes OF
personal property for city and county
purposes in cities coeNtensive with coun-
ties is constitutional. 1t is not in viola
tion of Article Ill, Section 3, of the Con-
stitution. providing that mo bill except
general appropriation bills shall be
passed containing more than one subject,
which shall be clearly expressed in its
title"
The provisions of said act OF June II.
1918 (P L. SOD are effective 10 increase
the borrowing capacity of the city OF
Philadelphia by 7 per centum OF the last
assessed valuation OF personal property
preceding the date of the loan
81 think 1t may be taken as finally set
tied that the assessed valuation OF per-
sonal property does form part OF the
basis OF the borrowing capacity OF a
county or city coterminous with the
county.
''12th February, 1915"
Members Of business organizations, civic
bodies and all other leaders in the fight
for real rapid transit for Philadelphia
were jubilant today over the transit
victory at the hearing before the sena-
torial Committee on Municipal Affairs
yesterday. Philadelphia, 1t was remarked,
was now pledged to a definite program
Of transit development.
The political plans to block all prog
ress on the transit plans were swept aside
at every turn yesterday through the an
sweFs and arguments OF Director Taylor
and Director Norris. II Is the general
belief today that there is now little danger
that the obstruetionists may resort to
new underground tactics 70 continue the
period OF inaction and delay.
With John r. Connolly, chairman OF the
Finance Committee, now on record In
favor Of rapid transit and Charles seger.
chairman OF the Subcommittee on FL
nance. pledged 10 report faYorably at the
next meeting of Councils the ordinance
providing for a special election to vote
on the initial transit loan, It was said.
q beginning n01 seemed assured, ana an
April election almost certain.
The declaration Of Senator Ware foE
speedy action and for the prompt passage
Of the pending constitutional amendment
providing for a 3 per cent Increase ia
the city's borrowing capacity for transit
ana port development WAS hailed with
great enthusiasm throughout the city
While Il had been believed Tor some time
that Senator Nare was with Director Tay-
los d the dsht be had declined 10 com
nil himself Until yesterday
The coincidence between the proposal
made ~ Senator Ware q give Director
Taylor ls0o6ooQ Of the proposed tao,eoo. GO
loan and tbs subsequent ofEar Of Director