Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-02-23
PLAN TO OMIT LOOP
ILLEGAL-JOHNSON

NU"tiH"tN iFNm NnNe One
ehouid be based upon the assessed valua-
tion OF taxable personal property.
TEXT OF JoHNsoN's OPINION.
Mr.. Johnson's opinion to Director Inv.
lor in full follows:
"23d February, 1915.
"A. Merritt Taylor, ESQ. Director De-
partment OF city Transit
Dear Mr. Taylor:
First The two ordinances which Won
have drafted marked Al and Az are
thoroughly well drafted to accomplish the
intended purpose, whether the amount 10
be expended be SSO,OOO,OOO or ss,OO0.oOo n
might not be amiss to add section COW
ering an appropriation Of an amount TO
meet the expenses Of holding the election.
Sec nd. Whilst two ordinances repre-
sent more wortmanllke form. it would
be legally possible to consolidate Their,
into one
Third. Proposed Ordinance Ri ia
legally defective. and am inclined TO
think, fatally defective, In signifying that
the Indebtedness of the city should be
increased to n designated sum based on
the assessed valuation of taxable petS 5nal
property in said city or course, in de.
termlning whether n loan is or is not
excessive 1t Is necessary to consider the
assessed valuation of the property; but
this must be a valuation, not of any par
tlcular kind of property, but OF the whole.
advise very decidedly against inserting
any such words as have quoted
Fourth. In view of what you say as
to necessity for a through track delIv.
cry loop under Arch, Eighth and Locust
streets, I think the ordinance would be
legally defective, in that II specifically
limits the place of construction and does
not include such loop.
III the Increase of the indphtndnaes "a a.
authorised by popular vote for the pur-
pose defined In Bel, no portion of the pro-
ceeds could be appropriated to the con-
struction of such loop or In and about the
payment of any extra cost which would
be entdiled in designing the Broad street
subway to furnish the connection with
such loop.
Fifth. B-1, taken as a whole, discloses
a purpose to borrow money for a specific
construction. The use OF the money bor-
rowed must be confined to that purpose.
IF the general purpose cannot be ac-
complished. l would greatly fear that the
whole project would fail. Part of the
proposed construction Is the necessary
branch lines northeast and northwest
from Broad street
"1t may be that upon the theory that
no branch lines northeast or northwest
will he necessary, the rest of the project
embodied in B-1 can be carried out. There
is considerable doubt about 1t. however
Sixth. The elevated railway that with
B-1 Is to be built, is from Front and Arch
streets TO Rhawn street via Front street,
etc. You advise me that It will be nee
essary 10 stop the construction at
Fridge street. Frankford, and that the
extension of three miles in the country,
from that point 10 Rhawn street, could
not be made.
There would be lack of good faith
In oh nat, 80
creation of n loan to build n railway
which the city authorities know cannot
be constructed and is not intended at
the present time to be constructed.
Seventh No ordinance would be free
from serious legal objections which would
so define the proposed construction as to
make II impossible to do anything other
than construct upon the precise lines in
dicated. unless those lines can certainly
be followed and unless II is intended, In
good faith, to- complete in accordance
herewith, upon obtaining. in addition to
the first appropriation, requisite additional
moneys
II return the proposed ordinance you
sent me, and am.
Very truly yours.
JOHN G. JOHNSON"
CITIZENS MOBILIZE.
Mobilization of the army of citizens
rallying to the support OF the Taylor
transit plans. began in all sections of
Philadelphia today,
The concerted attack on the fake"
transit ordinance of Councils Finance
Committee will be opened tomorrow night
at a mass-meeting at the Academy OF
Music.
Men of the Committee of 1000, named by
Transit Director Taylor. today began to
assemble their forces in every ward of
the city. Each of the 1000 committeeman
chosen to uphold the Taylor plans Is or
ganlzlng a separate committee. and, In
every political precinct of Philadelphia,
Councilmen OF the Select and Common
chambers will be called to answer In per-
son to their aroused constituencies,
Seven clear-cut questions will be put
directly before every Councilman, The
attitude of every one of the peoples rep
resentatives will be publicly placed on
record, whether 1t is an honest answer
to queries that will indicate finally his
definite intentions in regard to the tran
sit plan or an evasion.
SEVEN POINTED QUESTIONS.
The questions that will put the munich
pal legislators on record are:
First. VIII you support and vote for
the ordinances which were introduced
in Councils at the request of the De-
partment OF City Transit. and which
are drafted in the usual and legal
form. and which prescribe that
special election shall be held to enable
the people to authorize an Increase IN
the city's indebtedness in the amount
of $4,000 900. as agreed. for the begin
ming of work on transit development?
Second VIII you oppose and vote
against the fake transit ordinance re-
ported by the Finance Committee OF
Councils at its last meeting, or any
other fake ordinance or fake amend
ments that may be attached to the
ordinances introduced at the request
of the Department of City Transit?
Third. VIII you support and vote for
the program for rapid transit develop
ment with free transfers which has
been outlined by the Department OF
City Transit and the methods which
the department has outlined for carry
ing the same into effect?
Fourth VIII you support and vote
for the recommended routes, except
the North Broad street line above
Pike street. which Director Taylor
hopes to modify as per his report 70
Councils of February II, to meet the
desires OF the residents OF that district
and OF Germantown
Fifth. VIII you support and vote
for all motions which will expedite the
transit development?
Sixth. VIII you vote against az
motions which will delay the transit
Development
Seventh. As our representatives IN
ca,,w,Vs az. Won acuuainled with the