Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-03-11

the city and the Philadelphia Rapid
Transit Company. which raises serious
doubt as to the right Of the
ISoa y,,r\ transit company to demand
kyYETyye5 90 days notice from the De-
AAkiiAnRk partment OF City Transit be-
PLAN fore the city begins construe-
tion work on the Broad street
subway was brought TO light today
Should Il be definitely shown that Di-
rector Taylor Is not required to give the
r. r. r. 90 days notice before start
ing the work under Broad street the
actual construction OF the high-speed sys-
tenn can begin three months earlier than
expected,
Supporters of Director Taylor who nave
consulted counsel, today declared they
were prepared to show that the transit
company has waived its right to ask Tor
any notice under the conditions in the
clause. They also cited an opinion Oh
the City Solicitor, which further sup
ports their position. =,
In Republican Organization circles IL
has been rumored that It is the intention
of Councils leaders to utilize the W-uay
clause TO continue their program OF de-
lay As the 30 days notice must be given
from the date the enabling ordinance Is
eQ,-
basis might we'll be held up until the
end of the Bankenburg Administration
ORGANIZATION CLAIMS.
The section OF the agreement upon
which the Organization bases Its claim
that the p. r. I. must be given 10 days.
reads:
In case at any time in the tuture
Councils shall either of It's own lnltla-
nf
citizens determine that new lines nt
surface, elevated or underground rail-
way should be constructed within the
city, 1t shall by ordinance determine
the route OF such line and the terms
and conditions under which 1t shal! pc
built, financed and operated, ana tne
company shall have 90 days after the
massage of such ordinance TO take
such corporate action as may De nec-
essary to accept the same, certlheu
copies VI which action shall be ouly
filed with the Mayor within said pc
riod of 30 days; but II the company
shall fail TO accept the said plan wlthln
said period Of 90 days, or shall re-
1ect the same within SAID tlhe' or
after accepting the same shall ran "
enter upon the work In good talth aUu
prosecute the same as required in such
ordinance. then the city may offer
the right to construct aud operate
said road under said terms and con-
ditions TO such other persons, COM
pany or corporation as may be VIII
ing to undertake the same
Against this clause however, the sup
norters OF Director Taylor point to the
clause under paragraph in the contract
In which il Is provided that the company,
upon the execution of the cpntract, shall
. relinqulsh to the city all rights 70 the |
construction of the Broad street subway |
and that upon the construction of the line |
ba nf subway
this construction work around City Hall
shall be agreed upon by Board of Arbi-
tration.
CITY SOLICITORS OPINION.
The City Solicitor in an opinion to Direc-
tor Cooke, July 20. 1912, further said:
"There is no contract in existence be-
tween that company Cthe Philadelphia
Rapid Transit Company or any other
company which, in my opinion, restricts
the right OF the city to build a subway
under Broad street or any part thereof"
i AS the 9O-day clause would work as a
restriction. the advocates of the Taylor
plan declare this ruling of the City Solici-
tor means that the clause is not operative
as far as the Broad street line is con-
eerned.
The part OF the 1907 agreement by which
It is declared the company has waived its
right 10 ask 30 days notice follows:
The company as the owner OF all the
capital stock of the Market Street
Elevated Passenger Railway Company
in which company is vested the right
TO build subway on Broad Street and
an elevated railway to Fra ankford, does
hereby cOnvenant and agree that the
said Market Street Elevated Passenger
Railway Company will surrender and ,
release to the city the right 10 build
said subway on Broad street, which !
surrender the city does hereby accept;
and the franchise to construct said !
elevated railway 10 Frankford Is here !
by extended to three (3) years from the
first day of June, 1907: Provided, how
ever, that the building and financing l
OF said road shall be under and sub !
Ject to all the conditions in paragraph ,
three hereof: And. provided further, /
that IN case subway on Broad street I
should hereafter be constructed a
either by the city or by any other cor /
poration, the company shall make ar :
rangements relating TO the construc- !
tion and operation OF the same around I
or under the City Hall, as NAV be l
agreed upon by a Board of Arbitration Q
one 81 whom shah se appointed by the !
eitys one by the company and the
third by the two so appointed: ana
the decision OF any two shall be bind
ing and conclusive upon both parties.