Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-07-27
pyan Prepares Brief to
d e f e a t Opposition
Before Public Service
Commission.
r,tv Solicitor, at Hearing Fri
dav. Will Refute Contention
of Two High-Speed Foes
THAT City Cannot Legally
Proceed With Plans.

a.. solicitor Ryan today began the
sat,on of the brief to be filed with
pnblic Service Commission on Friday
Z rswer to the dual attack made upon
ravlor transit program before the
,,,ssion in Harrisburg, yesterday, by
.a,s Ames Ballard chief counsel for the
.,tnsdelpbia Rapid Transit Company, and
naby R. Vale, counsel for David E. Dali
- Who started the taxpayers suit to
-,.ain the city from spending the
ao 600 loan on the construction of the
GOD street subway and FranSford ele-
vated lines.
WITH the. Philadelphia Rapid Transit at
i, openly lined up against the transit
.t.ns of Director Taylor, the Importance
: The taxpayers suit has suddenly
,-rdled. and it is now believed that the
s.ht will be conducted along clear-cut
nn.s between the transit company and
~ city. Particular significance is
.tsehed to the issuance of the annual
..oort to the stockholders of the transit
,onnany on the same day that the Of
eolais OF the company came openly for
rard to oppose transit development Great
s,nhasis is laid in the report on the de-
crease in earnings during the last year.
oppoNENTs TO FILE BRIEFS.
The brief of city Solicitor Ryan was
nrdered to be filed on Friday, July 30,
ma the briefs of the two opposition fac
Nons are to be filed 10 days later, or
Monday. August g. One week later, on
August 16, as advertised by Director Tay-
e.. ,,Nf f,,y.Ir
n both the Broad street and the Frank
sord lines were to be opened and con-
tracts let.
Commissioner Killing said there was
sight hope that the commission would be
sble to review the plans and the briefs
and render a ruling in a week The i'm
sortance of the work will necessitate
sreat caution, he said, although every
sffort will be made to decide the question
as early as possible.
OBJECTIONS NOT wEIGHTY.
Il was broadly hinted by Mr.. Ballard
during the hearing that the p. r. T. Com
many would not be willing to act as the
onerating company under the present ar
rangement or at the present time. Prac
tr.fv all his questions to Director Taylor
we're based on the assumption that th'
lines would be city operated as well al
cty built, and ne endeavored to show tina
this WOULD be an injustice to both thu
transit company and to the Philadelphia
taxpayers.
ballard statement that the Rapid Transi
Company will not lease these lines. l
q pointed out that a similar statemen
Fas made in New York when that cit,
rs building its subways, but after tn
s hss were built no difficulty was expert
8 need, as the company was extremel.
nger to lease and operate the lines t.
acape competition. 1t is said that tn
aluation here Is analogous.
The major contentious advanced by MI
Ballard which will be answered In tn
brief of the City Solicitor, are the follow
s ng;
That the construction of the Broad
street subway at the present time is
Illegal since the p. r. T. was not
given 30 days notice of the clty's in
tent to build as provided by the terms
of the 1907 agreement between the city
and the transit company.
That the Broad street subway may
not be legally built at any time, since
the city is deprived of it's right to build
line ION" or "along" Broad street
By the act of Assembly of March %
1865. and by a contract between the
State and the 18th and 15 street lines
now subsidiaries of the p. X. L. Com
pany.
That without cooperation from the
F. r. I. the cost of the proposed lines
to the city will be in excess of the
borrowing capacity which the city now
has.
That the proposed lines would force
the transit company to the verge OF
Bankruptcy through the diversion OF
long-haul traffic, especially so since
the iitneys at the present time are de
Yarting the short-haul traffic.