Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1915-07-15
JUDGE SUSPENDS
CITY'S UTNEY LAW


sulzberger. sitting in the summer cour'
for July, said:
"Whle the situation is deplorable since
the pubic interests demand proper and
speedy regulation OF jitney traffic, which
,nrestrained, Is fraught with danger TO
| the community, at the same time the
operntion OF the ordinance involves serl-
GUS danger TO the jitneymen, and would
virtually destroy their business, at least
cutting It from 100 to 40 per cent.
"If, on final hearing, the ordinance
should be adjudged void the mischiet
done the iitneyemen would be practically
| irreparable; while, on the other hand'
| IT, IL should be adjudged valid. the mere
delay between this time and the hnal
| hearing will not involve the city In
necuniary loss. since the license fees
may be collected and the bonds received
then, as we'll as at this time.
J1rNEY MEN JUBILANT
President G. S. Winner, of the Auto
Service Association, whose headquarters 3
are at 1888 North Broad street, jumped
with Joy when he received the news
IT'S great, it's bully. that's all l can
say" he exclaimed over the phone, The
Auto Service Association finished right
at the top and due credit ought to be
given to the West Philadelphia and South
Philadelphia boys. They helped us lot
in the fight,
I'VE win start TO issue six-for-a-quarter
strip tickets" he declared.
City Solicitor Ryan, who took the side
of the city In the hearing yesterday and
declared the ordinance constitutional re-
/ fused TO comment on the granting OF the
injunction.
Judge sulzberger, in his report, attacked
the ordinance as not providing for the
entire safety Of the public, He said:
with the mere wisdom, or unwisdom'
OF the ordinance we have no. concern.
The power has been conferred on another
body and We may not substitute our
discretion for theirs. The present or
dlnance is a case In point. Although 1t
is intended 10 regulate an important
carrying business. IL has overlooked some
Of the simplest precautions necessary
for the protection of the public.
LAW INCOMPLETE"
I'm none of its l6 sections is there a
provision commanding the drivers Of
these motorbusses to slow up as they
approach a crossing, in such manner
that they may have their vehicles under
ready and full control. Such a regula-
ton would be at least a partial preven-
tive OF the numerous casualties which
are often fiippantly described as ''un-
avoidable accidents"
There is likewise no prohibition OF
smoking by the driver of the vehicle
while on duty A man driving a loco
motive through a busy city street should
concentrate all his attention on the man
agement of his machine and the observa-
tlon of obstacles in the way. II he diverts
a part of his faculty TO the management
of a pipe, or a cigar or a cigarette. he
wthdraws just so much from the guam
tity OF attention which he ought 10 givo
to his business. Moreover, there may be
passengers TO whom smoke and ashes
may be disagreeable or injurious.
In summing up the complaints of tit-
neymen that the ordinance compelled
them to run over prescribed routes,
forced them to run two and a half times
price; compelled them TO pay a license
fee of S5l and bond Of S25OO. all of which
would virtually drive them out of bust
ness. Judge Sulzberger said;
Their complaint appears to be based
on the erroneous theory that the munici-
pality has no function 10 regulate the
use of its streets and that they are TO
decide which streets they want for busi-
ness purposes and how great is the use
they wish 20 make OF them. AS the peo-
pie have paid for the streets. they are
entitled to a reasonable use OF them, and
their legal representatives are the proper
parties 70 determine how far and under
what terms private persons may carry on
public passenger trafic thereon.
THE plaintiffs, however charge and
by afidavits support the charge. that the
business which the ordinance purports
10 regulate was the carrying OF pas
sengers for a lower rate than the cost
OF running with reasonable compensation
for outlay and risk.