Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-10-29
56TH STREET Line
IN SUPERIOR COURT
Fight for New Crosstown
Route Renewed Before
Higher Jurisdiction
APPEAL FROM RULING

The long fight to compel the Philade|+
phia Rapid Transit Company 10 provids
direct trolley connections between south
and West Philadelphia by the Construction
of cross-town line on Fifty-sixth street.
Woodland avenue and sIxty-third street.
was renewed today before the Superior
Court by attorneys representing twenty
one business organizations in West Phiis-
delphia.
The action today was in the form Of an
appeal from the decision h inded down by
the Public Service Commission when the
same group of business examinations
sought an order compelling the transit
| company to build and operate the proposed
| line. The Service Board. In an opinion
handed down by Commissioner Ryan, held
] that II did not have the power to order the
construction of the line because the char
| ters Of the transit company and its subsid-
| iaries do not cover specifically the route
| where the line would be constructed
The commissions ruling sustained the
arguments advanced by the company both
| at the hearing before the Service Board
| and before the Superior Court today. These
| were briefly that charter rights for the
| proposed line are lacking and that, there
| fore, the company cannot be compelled to
| build.
! The line II constructed would be actually
| an extension OF F. r. T. Route 81, which
1
| Passyunk avenue TO the eastern end OF the
| Passyunk bridge over the Schuylkill The
| extension would begin at the bridge and
| run to Sixty-thlrd street, to Woodland ave-
nue., east on Woodland avenue to Fifty.
| sixth street and north on Fifty-sixth street
| TO Lancaster avenue a total distance OF
about five miles.
Four principal arguments were advanced
| today to combat the commissions ruling and
| the company's contention by c. Oscar Beas-
| lev attorney or h tee fosta
| These were In brief:
First. That the Public Service Com
mission has the jurisdiction and authority
10 compel any public service corporation
TO exercise any right or privilege pos
sessed by such corporation whenever the
welfare of the public requires the exer-
else of such right
Second. That the Philadelphia Rapid
Transit Company and its subsidiaries do
now possess charter rights and municipal
consents to occupy with and extend their
tracks to any street in the city.
Mr.. Bessley held, contrary to the conten-
tion of the company's attorney and of the
service board, that the company possesses
this right by virtue of the privileges Sc
cured to it by the 1907 contract.
Third. That whenever a public service
corporation has the right and purports
to serve an entire city or district, the
Public Service Commission has the juris-
| dction and authority to compel such cor
poraton TO extend its facilities to new
streets in the city or the district covered
by its operation. ,s
In support of this point Mr.. Beasley pre-
sented a long array of court decisions, ons
being by the court which is hearing the
argument today. to the effect that the com.
mission has such right.
Fourth. That the Public Service Com
mission is not a judicial body, but Is an
administrative body only and has no right,
therefore. to limit its powers or jurisdic-
tion by opinions in the nature of judicial
interpretations
Boyd Lee Spahr, assistant general counse
for the p. r. T. who appeared for thu
company today denied all the contention
of Mr.. Beasley and asserted that the frs
step toward constructing the line would b'
to obtain the consent of the city which al
vet has not been done.