Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-02-26
LAWYERS FIND FLAWS
IN LEASE FOR TRANSIT
Twining Says Some Call 1t In
valid, Though Connolly
Approves 1t
QUESTION CITY POWER
Opponents Say 1t Cannot Lend Faith
and Credit to Private
Corporation

Opinions from Philadelphia attorneys
holding the transit lease proposed by the
Philadelphia Transit Company illegal in
it's present form and expressing views da-
metricaly opposed to those i'm the opinion
Of city Solicitor Connolly who uphods the
legality Of the lease. are in the possession
OF Transit Director Twinng.
Although this fact was made known TO-DAY
at the Transit Department it could not
be learned whether these private opinions
would be contained in the Directors report
to Mayor Smith. u Is considered likely.
however that despite the conflict Of legal
views the opinion Of MIR Connolly will 20
unchalleuged, IN consideration of the fact
that he is the proper legal adviser Of the
city and Of all municipal officials
Mr.. Twinng in his letter to the City Soil
Citor asking legal advice. made the point
that as the city under the lease would he
guaranteeing the Philadelphia Rapid Tran
sit Company a fixed return upon its present
capital stock It might I've construed that the
city was lending its faith and credit to
private corporation.
NOT so. SAYS CONNELIN
The opinion Of the city Solicitor. how
ever. declares that such is not the case
and denies that the city would be udiug
/
the proposed agreement The opinion main
tains the right of the city TO enter into
partnership agreement with the Transit
! Company the legality of which was also
! questioned br Mr., Twining.
Regardless Of the divergenca - legal
| opinion. Director Twining said today that
the financial terms of the lease and not
| it's legality were, ia his view. the matters
| which opened 1t to the most important
| criticism The objections to these financial
| terms will be the main body Of the Direc-
| tors report to the Mayor
Mr. Twining put the final touches upon
! his report this morning and the various
! parts are now being Collated and typed
| in his office, ready to be handed 20 the
| Mayor Wednesday when the latter returns
| from the South. The analysis Of the =. r.
| r. proposition, made by Ford, Bacon q
| Davis, New York experts retained by the
| Mayor, has been completed for several days
| and will be included i'm the Directors report
as an appendix. The Mayor already has in
| his possession a rough outline Of this anal
| ysiS
| The engineers Of the Transit Depart
! mento completed today the schedule OF
| estimates requested by the Public Service
| Commission, to show what the Department
| believes the high-speed system would have
cost to construct at the prices prevailing in
1913, 1915 and the present year
WILL CONFIRM ESTIMATE
This schedule Of cost estimates will also
support the statement made by the Director
before the Public Service Commission two
| weeks ago that to construct the entire sys-
| TEN during the present period OF high
prices will require S9l 100000 The COM
peted schedule will fix this total at S9O..
$4,000. which includes the total cost Of the
| Chestnut street subway. which is esti-
| mated close to 10000 600
Assistant Transit Director Atkinson under
al.
| was prepared, will present il to the COM
| mission tomorrow at Harrisburg when the
| public hearing upon the Citys application
for certificate of public convenience ros
| the Darby a. is taken up.
In view OF the fact that the commission
| is Withholding action upon the applications
| for the other lines Of the high-speed sys-
| TEN Director Twinng felt that the hearing
| tOnorrOv would be of perfunCtory ma
ture lie. accordingly, requested the City
| Solicitor to learn from the commission what
| information the department should have
ready to submit The commission notified
the city Solicitor today that it desired Ia
have presented all available data and in
| formation bearing upon the subject
As Director Twinng is assisting in the
| collation. of the various parts of his report
to the Mayor he may not go to Harrisburg
tomorrow. Assistant Director Atkinson
however, will present the case of the de.
paTtment and city Solicitor Connolly and
Assistant, city Solicitor I.owengrund will
also appear for the city.
BUSINESS MEN To MEET
| Tomorrow also the board Of directors Of
the United Business Mems Association will
meet in the office of the president T. A.
! Noppel. 1918 Arch street. to determine
what recommendations shall be made tC
the United Association in the matter of In.
dorsng or opposing the lease. It is vir.
tually certain that the business men will
stand by Director Twning in his objections