Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-05-12
LAST EFFORT 10 DELAY
TRANSIT WORK UPSET
City Solicitor Thrusts Aside
Legal Technicality as to P. r.
T. Option.

One OF the last legal technlcalities by
which the opponents Of the Taylor tran
cit program had endeavored to block,
actual construction work
/foR u,E on the hlgh-speed system
kSsJJyFIE5 has been thrust aside by
AiaAki&k3 the City Solicitor. In an
MILAN 4 opinion to Transit Director
A. Merritt Taylor, the city
Solicitor yesterday announced that the
municipality is not required to give the
Philadelphia Rapid Transit Company a
eo-day option to build the Broad street
subway and the Frankford elevated.
The opinion of the City Solicitor sup
porters Of the Taylor program declare
today. has cut away the last leg upon
which the obstructionists had hoped TO
stand IN seeking delay, and has placed
prompt action squarely up to councils
The construction work now may be be-
gun In July. provided Councils pass the
necessary enabling ordinances.
The contention of the Obstructlonlsts In
the Finance Committee OF Councils was
that. under the 1907 agreement with the
Rapid Transit Company, no new lines
could be constructed until the company
first had been granted three-months
option to construct the lines Itself. II II
so desired
COMPANY SURRENDERED RIGHTS.
Dlsmisslng any claims Of the transit
company to build either of the proposed
lines, the City Solicitor said that under
seotion seven OF the 1907 agreement, the
company had surrendered its right to
build the Broad street subway, and that
through It's failure to begin work on the
Frankford elevated by 1910 It likewise sur
rendered its rights to construct that line.
Mr.. Ryan also made the point that the
city bound itself not to let any other cor
porntion build new lines until the p. r. r.
had exercised its option but that the
agreement did not say that the city itself
would not build lines without giving the
transit company the first chance, and
that, since recent legislation had empow-
cred the city to build such lines, 1t can do
so without considering the transit COM
pany at all.
MIR. RYAN's STATEMENT
In reference to the city's right to pro-
ceed with the construction of the new
lines, Mr.. Ryan said in part:
by the act of June II, 1913 Up. l.. 500,
plenary power was vested in cities of the
first class to purchase, lease, locate, con-
struct and equip. or otherwise acquire
transit facilities and to own, maintain,
use and operate the same within their
corporate limits and within the limits OF
adjacent cities, boroughs and townships
This power is separate and Independent
from that which existed in 1907. and re-
lates to the construction or other acqui-
sition Of transit facilities by the city as
a municipality When the city. therefore,
determines to take advantage of the act
of 1918 and to build and operate railway
lines of any character, its power to do
so is unrestricted and it is not obliged
to offer the option to the Philadelphia
Rapid Transit Company before 1t shall
itself proceed with the undertaking. These
considerations are equally applicable both
TO the Frankford elevated line and to the
Broad street subway"
In reply to another question of Director
Taylor as to whether the ordinance pro-
viding for the S6OOO,OOO was properly draft
ed, the City Solicitor suggested few
minor changes that might be desirable,
but he did not point out any important
flaw.