Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-06-23
PENDING 'JTTNEY' LAW
ORDERTNGLOWF FARES
ILLEGAL, FOW AYERS
Tells Councils That City as
Ultimate Owner of P. r.
7. Business Cannot Leg
islate Against Competi-
tor.

sengers six miles for cents according
to John H. Fow, attorney for the Phila'
p delphia "Jitney" Association.
d He points out that the city Of Phila.
g delphia is In partnership with the Phlla-
a delphia Rapid Transit Company under the
. agreement Of 1907. and that the property
4 OF the Transit Company under the agree
e ment ultimately will revert to the city.
. Consequently according to Mr.. Fow,
Councils have no right to restrict the
rates OF virtual competitors with the city.
He cites In letter TO President Ransey,
OF Select Council, and President McCurdy
. Of Common Council a Supreme Court
decision in parallel case in West Vir-
ginla sustaining his contention
II. w Whiteside, Of the Individual Jit-
ney Owners and Operators Association,
appeared I'm the crowd Of "jitney" men,
who thronged the corridor, with petitions
which he said were signed by 100, 900 per-
sons, many of them voters, protesting
against the passage Of the ordinance He
was prepared TO present tho petitions II
action on the ordinance was imminent
The ordinance was formally reported
TO Select Council by Select Councilman
Hutt, chairman of the Law Committee
this afternoon. IL will have to lie over
until 1t Is printed In the journal. so It
was said that no action would be pos
sible today.
"JITNEY' MEN PROTEST..
The ''iltney" ordinance is declared TO
effect practically a connscatlon of prom
erty without due compensation" In an
open letter to all Councilmen, signed by
| the officers OF the "Jltney" Association.
They ak that the pending ordinance be
amended to eliminate the zone" fea-
ture.
MR., Fow's LETTER.
Mr., Fow's letter to Councils is as fol-
! lows:
To the President and Members Of
the Select and Common Councils,
Gentlemen-G desire to call your at
tentlon to that provision in the auto
mobile ordinance which you have he
fore you for consideration relating
to the fares to be charged within GER
tain zones for the transportation OF
passengers in what are commonly
known as "Jitneys"
desire to call your attention to
what / consider q legal obstacle as TO
your right to fix a restrictive fare that
would practically take away from the
owners Of such cars any reasonable
return for the transportation afforded
The City of Philadelphia has ACQUIRED
by agreement which 1t has entered into
with the Philadelphia Rapid Transit
Company, certain revenue and certain
otHct privileges whlch makes the City
or philadelphia a partner I'm the enter
prise, eventually resulting in the CIty's
ownership.
The purpose OF the Philadelphia
Rapid Transit Company and the pur-
pose of the business of the jltneys. ia
the same, to wit, the transportation of
passengers, and therefore they are
competitors in the same line of busi-
ness.
The gunra,,. r,a,,.. ~. -,
glhia' IN the case of the Natural Gas
Company of West Virginia against the
city Of Wheeling, decided that the
city Of Wheeling. which was also en-
gagged in the sale of gas could not
pS ordnance so discriminate against
inc Natural Gas Company as to
place them In a position where they
could not compete with the City Gas
Company, and decided that all such
restrictive ordinances were illegal and
beyond the powers of Councils to
make because 1t resulted practically
In the conhscatiOn of the property OF
the Natural Gas Company without
duo process afforded by law.
Ihis Is n very serious question, and
! sincerely hope that your honorable
body VIII take UP the question and
nave 1t passed upon by the CITY So
llcitor. In another pamphlet, which we
nave sent to your honorable body, we
nave given our reasons why II is i'm
possible to comply with the five-cent
rare between zones mentioned in the
ordinance.
Yours respectfully,
JOHN II. FOW,
Attorney for Jltney Association.
The appeal from the Jitney Association
follows:
To the Members of Select and Com
mon Councils. Gentlemen:-We desire
10 call your attention to a clause In
the ordinance you have prepared re-
lating to automobiles kept for hire.
commonly called "Jitneys," that re-
lates to fares.
II this feature OF the ordinance is
passed as contemplated, 1t will prac-
tically end this character of trans
portation in PHILADELPHIA.
IL Is well-known fact that cannot
De disputed that the least possible cost
Tor running an automobile is slh cents
mile, Increasing as TO size
II Is six miles from Erie avenue 10
Skunk street, the zone mentioned. So.
therefore, II would cost cent more to
carry four passengers that distance
than could be collected under the ord-
nance practically n conhscation OF
property without due compensation.
We therefore respectfully ask that I
this part OF the ordinance be amended ,
80 as TO allow US reasonable return
for our business.
Attorney for Association.
JOHN II. FOW, Esq,
RICHARD COSTELLO. President.
GEORGE YOUNG, Secretary,
II. RABIGER, Treasurer I
The Law Committee OF Councils re-
ported out the ordinance to impose a I
license fee OF $50 on "jitnsys" and a bond /
of $500 Next Wednesday II win be
called up for passage In Select Council,
AMI at that time II Is expected strong OBJ
lection will be made TO the zone proyis-
Ions under which the "jltneys" would
have 10 carry passenger six miles for
a nickel. I
Two committees OF 'Jitney'' owners
waited on the Councilmen this afternoon
and demonstration held outside the
Council chamber by "jitneyment who {
we're unable 10 get inside. One commit !
lee, representing the PHILADELPHIA lit !
ley'' Association. with John II Fow as :
counsel, waited on the Law COMMITTEES '
previous TO the meeting OF Councils for
he purpose OF trying to have the pro- 0
oosed ordinance amended 50 that the "jit- Z
leys' may be permitted 70 charge the 7
anne rate az al present The PhlladeI- ii
'hia 'Jitney" Association Is more opposed \
G the proposed requirement than 10 any j
4 the others.
The other committee that waited on the h
'Ouncilmen represented independsnt h
rivers, members Of the Indlviduais' A. =
Some membara ~ ~ g,di