Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1917-06-04
NOLEGALBARRTER
TO O56TH ST.LINE
Business Men Counsel Shows
Transit Company Can
Build Extension
OLD CHARTER SUFFICES
Franchise Permits P. K. T. to
Construct System Throughout
West Philadelphia
HARRISBURG. Pa. June 4.

HARRISBURG, Pa, June a.
The group of Philadelphia business organ |
izations which are seeking to force the Phil
adelpha Rapid Transit Company to construct
a cross-town trolley line directly connecting
South and West Philadelphia by way of
Passyunk avenue and Fifty-siXth street
scored their first victory before the Public
Service Commission here this afternoon.
The transit company, through Boyd Lee
Spahr assistant general counsel, filed
demurrer with the commission, claiming that
* could not be compelled to build the line,
since its franchises do not give it any
charter rights for the proposed route
This contention was true of the p. r. T
Company and of the original charters OF
the underlying companies. Edward h. Mar
tin, counsel for the business men, however.
brought out the fact that on April s, 1858,
the state Legislature amended the original
charter of the West Philadelphia Passenger
Railway Company, now leased aud operated
by the p. r. r, giving it the right to extend
it's roads to any part of the Twenty-fourth
Ward, which then comprised all of West
Philadelphia.
This amendment. which the complanants
declare, gives the commission full power
to order the transit company TO build the
requested line, follows:
That said company is hereby author
| lied to extend their said road to any
part of the Twenty-fourth Ward of the
| city of Philadelphia. along any of the
y
Provided however, that said company
| shall first present to Councils of said city
| plan and statement, exhibiting the route
| Of any such proposed extension and il
| Councils shall not within sixty days here
after by ordinance dsapprove thereof
! the consent of the said Councils shall
| be deemed given thereto.
Although both the complain and the
| transit company had been notified that the
case would be heard at lao today, the
| secretary of the commission had omitted
| the case from the printed schedule for
today. When Chairman Ainey, of the com
| mission, read today's list, Edward b, Mar
tin, one of the counsel for the business
men, hurried to the seCretarys desk and
had the error corrected, The omission OF
the case from the printed list, however, de
layed the argument until the very last thinE
this afternoon and caused considerable dis
satisfaction among the men
This is type of the petty annoyances
we have been suffering from ever since We
| first tried to force the Transit Company
to give us Justice" said John n. McGarvey
one Of the delegation from the West Phila
| delpha associations
sToTESBURY LETTER AN EXHIBIT
Mr. McGarvey brought with him today
n letter written by T.. T. Stotesbury, chair
man Of the p. r. r. board of directors, II
1914. promising that the line would bt
built soon as financial conditions mad'
| II possible.
The Stotesbury letter. Mr.. McGarvey said
he hoped would convince the commission
of the moral obligation Of the compan,
to build the line, since the company Il
: now claiming earnings of . per cent in
2 stead of an operating deficit as in 1914
! The letter follows:
October 30. 1914
Mr. Irving Dillon, secretary,
The Allied Business Mems and Inn
provement Association Of West Phila-
dephia, 5716 Christian street, Phila-
delphia.
Dear Sir:
As a part Of the projected improve
ment. the Fifty-slXth street line is on the
list to be considered. This. however cannot
be taken up at the present time by reason
Of present financial considerations, but
will be taken up and disposed of when the
opportunity presents itself under more
favorable conditions. We are very de-
: sirous of serving this community, and the
same will be given favorable consideration
when financial conditions make possible.
, Yours very truly,
+. r. STOTESBURY.