Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-12-07
STATE AND CITY
LICENSE REQUIRED

Railway Company.
Mr.. Ainey holds that the act of 1915
does not carry any clause repeating
any part of the public service act of
1913 and that had the act of 1915 been
passed before the public service act it
could nave continued in force without
conHtotng with the general purpose or
policy OF the public service law. The
act of 1915, he holds. adds to powers
OF cities, but approval by the commits
sion under the act of 1918 and mu-
nicipal authority to regulate under the
act of two years later are neither in
consistent nor repugnant. That OPP
orators of jitneys must take out mu-
nicfpal licenses and state certificates
OF public convenience Is the conclusion
reached.
The opinion also says that there is
marked difference between the scope
ana purpose of the two acts, that state
certificates are required before begin
ming of the exercise of right to operate
automobiles as common carriers and
that Parsons is operating as common
carrier without having secured a GER
tincate. Mr.. Ainey declines to pass
upon the question of constitutionality
OF the act, saying I'VE must accept
the plain legislative mandate until
courts of competent jurisdiction shall
otherwise decide"
Labor May Fight
IF the ruling of the Public Service
commission is to become effective in
all parts of the state, the Pennsylva-
MIA Federation of Labor will in all
probability obtain legal advice as to
how to proceed against the require
ment or a certificate of public con-
venience," Charles F. Quinn, secretary
or the federation, said this morning.
IN the ruling made yesterday labor
officials understood that it applied only
locally, but If the commission intends
ont
ton Will be TAKEN" Secretary Quinn
continued. II do not believe that there
will be any interference however with
the Jitney question in Harrisburg. since
the voters last month decided that
they wanted the jitneys. That should
prove their need as common carrier"
Secretary Quinn said that a meeting
of the local jitneurs association would
probably be called to decide on any
action on the part of members If op-
orators in Harrisburg are required to
take out certificates of public con-
regulations.
The Local Situation
| Whether or not the Harrisburg Rail-
ways Company will take any steps to
require Harrisburg's jitneurs to obtain
certificates of public convenience from
the Public Service Commission before
operating on city streets has not been
determined by the company, accord
ing to President Frank B. Musser to-
day.
The president declared that the
question, however. will be threshed out
to-day with the company's attorneys.
My attention was only called to
the opinion to-day" declared Mr.. Mus
ser. 'and l have had no time as yet to
! go into the matter very fully. L eX-
pect, however, to confer with our at
torneys on the subject some time this
evening. and until 1 talk over the
question | can hardly talk intelligently
as to what action, if any, the company
will take.
My opinion just now is that we will
not do anything, as l question whether
it is up to us. I should think 1t would
be question for the consideration of
the city authorities to be taken up as
the jitneurs apply for licenses"
In many instances the questions
raised in the Greco case. of Allegheny,
and disposed of in yesterdays opinion
are identical with similar conditions
in this city. In part that opinion says:
TT appears that coincident with a
strike which occurred among the en-
ployes OF the Allegheny Valley Street
Railway Company in August. 1915, a
| large number of owners of automobiles
of small seating capacity, many of
them former employees OF the street
railway company, began operating
]
| passengers along the route and be-
tween the places served by the street
4 railway company's cars. None of the
automobile carriers had obtained from
the Public Service Commission GER
tificates of public convenience author
izing them to engage in this service.
| "All of those automobile operators,
| including the respondent, Peter Greco,
traversed substantially the same route
charging definite rates of fare, varying
from 5 to Is cents.
They maintain a public waiting
room, which is in effect a terminal sta
| tion, and hold themselves out to the
public as common carriers of pas
sengers in the territory and along the
routes travelled by them.
There are now constructed and in
operation automobiles adapted to pub
lie service which are both safe and con-
venient. but we are not convinced that
automobiles of small size, many of
them secondhand (the operators of
which are neither prepared nor willing
to render service in all kinds of
weather and at all seasons of the year, +,
can in all cases meet the public de-
mand for transportation on a suf-
! fciently safe, permanent and stable
basis so as to warrant the commission
in accepting them as satisfactory sub
stitutes for street car service.
Thus there is raised the question
as to whether owners of automobiles
holding themselves out as undertake
ing for hire to carry all persons in
differently are common carriers of pas
sengers and whether as such common
carriers they are subject to the Public
Service company law"
Chairman Ainey quoted some facts
and figures relative to the loss sus-
tanned by the railways company in
question. referred to numerous de-
cisions on public and common carrier
questions and other problems growing
out of the operation of the public
service company law. In this connec-
tion Mr.. Ainey said:
The conclusion is irresistible that
the professions and the conduct of the
said respondent and all the circum-
stances involved in the jitney business
in which he is engaged constitute him
4 n common carrier of passengers and
bring him Within the class of public
service companies over which this
commission is bound to exercise it's
regulating authority thus imposed by
statute.
Our duty is defined by the act and
we may not properly permit indi-
viduals to engage in public service
unless the safety OF the public is rea-
sonahly assured and until we have de-
termined that the proposed service is
necessary or proper for the conven-
ience. accommodation or safety of the