Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-04-05

fE Mayor Smith late this afternoon sent
e = letter to William u. b. Ainey. chairman
<ef the State Public Service Commission,
$irtnAliy demanding that the Commission
Snd its program of obstruction and either
rant or definitely refuse the certificates of
Dubiic convenience requested for the various
II Hines Of the city's hish-speed system. The
Mayors action followed two conferences
nth City Solicitor Connolly, the first in the
Mayors office and the second in the office
~ the City Solicitor.
X In case the commission denies the certi6-
HAtes or the chairman Is unable to break
ne deadlock which now esists, IL is under.
ptood that the Administration will take
:Ateps at once to test the constit,,tionaI
xignt or the service board to hold up the
f4ity after the taxpayers have approved the
Ansit project at the polls on two separate
Z ccasionss and after the commission ha 9
approved one section of the Broad street
ubway under City Hall =,
II II such D course is followed the Mayor
nay dirdpfSthe Transit Department to pro-
ICED to leGthe six contracts now being held
z ~ by the commissions delay Such a step
.<probably would bring a taxpayers suit, and
the city would have the Supreme Court take
N0rfginal Jurisdiction In the case in order
10 expedite the decision. This procedure
Youid determine once and for all the right
t0f the commission to pass upon certificates
~ public convenience for transit develop
uAent and similar projects,
e The Mayor in his letter to the commits
hon. reviewed the entire transit situation
4nd explained that the taxpayers were los
ing large sum Of money daily by the
Npmmissions obstruction tactics.
3 Ny vote Of to at Harrisburg YES
orday. the commission failed to reach an
mt
Tor certificates of public convenience for
my lines but the northern end of the Frank
Iord elevated. A certificate for the con-
. .etruction OF that was granted.
I'll Following the action taken by the COM
niesion. which met in executive session. the
following statement was issued by the COM
mission:
y The Public Service Commission TODAY
iNopproved the application of the city of
rhiiadslphia for the construction of the
II extension OF the elevated railway on
II &HtAnkford avenue from Dyer street to
II 1Aewn street. Commissioner Killing i'm
&xoting In the Affirmative. said there was
stpvtdsnce that this line could be operated
xRe separate unit and would be self
(%upporting. whereas there is no testimony
similar effect on the other application
y ~ the city.
{3 On the question of the application of
ne city OF philadelphia for the approval
'f the construction Of a subway railway
sHen Broad, Arch. Eighth and Locust
Hreets; the construction of subway
"a railway In Broad street between League
&1iand and Olney avenue for the con-
fetruction Of subway beneath the Park
yAy from a point of connection with the
1road street subway at or near City Hall
rlnfo Fairp1oupt Parlc near the Green
ffetreet entrance and thence by elevated
1ereilway over Twenty-ninth street to
3enry avenue. Commissioner Alcorn
moved that the application for the con-
retructfon OF the above enumerated sab
10y ana elevated railways be approved
T1his motion was seconded by Commis.
<bioner Brecht.
Ut Commissioner Magee moved that this
qtion be amended by adding that the
uncete, OF public convenience, evidence
II the approval Of the commission. be
4need with the condition that 1t is not
pec0me enectiye until the commission
y ~ consldered and approved either a
- 81 the projected subway and ele-
1eod lines to the PHILADELPHIA RAND
neit Company or that the city of Phila-
pnia obtain legal and constitutional
yopr'ation TOR the construction of a
WAY railway on Chestnut street con-
ing and unifying the whole proposed
ana received the approval Of the
ninston Tor the construction Of the
NJ motion vas seconded by Com.
ener Niltng. On the question OF
eeoRtson ol the amendment Com.
nnerH Maeee, Ryan and ,RHling
in tthe afhrmative. Commissioners
Aleorn and Ainey voted m the
Iye. 1ssss than quorum OF the
loriCn, ~ required BY the law.
Wtsd IN the Affirmative the
Deof was lost. On the adoption OF
G1nel motion. Commissioners
rocht and Aicorn voted In the
01Fo and Commissioners Killing.
ou4 Ryan voted IN the NEGATIVE.
n = quorum Of the commission,
M " tho law, having voted In
uTe. hs motion was lost
n11kon 70 that taken on the
~ ~ city Of Philadelphis
yoIs ~ IA construction OF