Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-10-01
says COUNCIL CAN
CHANGE FARE RATE
e,,vth Declares Company and
Service Board Must Agree
TO Altering Contract
GIVES FORMAL OPINION

,,- Solicitor smyth's transit opinion,
Vlg en- Councils transportation
ssoumm;ttee suu today, follows;
"you transmitted to this department a
iou thc resolution Of. Council OF
copy py,hor G %. 1920, which refers to
sepseJ ordinance now before Council.
'propp,J,no that. pending final action by
prVp'hIic Service Commission, based on
the ,aiuation of the property used Dy
% ,he Philadelphia Rapid Transit 20. IN
me .nhI;c service, the consent OF the
W. Of Philadelphia be given to that
wv n,nsnv TO discontinue the privilege or
tnesfor tumef from one route to another on
10" ,.s iircs free of charge, and to discon-
itsra MS The privilege Of transferring from
ans route to another on Its lines upon
one .ns nsrment of q fare of eight cents
ritbIp I the limits Of the city.
.sTbe resolution sent me, after various
.,,,tsIs by way of preamble, asks for
az oninion: Whether In case the Coun.
III u, agrees to the proposed change OF
t.ro the said ordinance Of July l. 19O7,
- ,a onv pnrt thereof, could be repealed
" annuilcd. and whether the company.
u consideration Of such consent, could
iocolly rescind any part or parts OF
legally ''.s... ,,,t;o,,Iorl, tbot
the lSOi agteeheht, ntio. t.rnnf
set forth aS ln .ns al Iis;h sr;shts and francbises
whlSn co,i.i c,hn,a;orr nomnnnies free of all
OF 'no ,S;t;nns ond rcVulations not
terms; ,oh Cow IN soid agreement. so as
proviIueu smcb companies in the same
.!Pt;on P; 90 for as respects their rela-
t;"ns with the city, as they were prior
20 Tho execution of the said agree
msnt'
,, ~. .... r,,.r...
'ouiu No' H
"As to the first Drancn OF tnis IN
Qniry., l would say 'nat 'ne orui,unee .,e
OF July i, iVo., y, ans p,,.J pIi. ~, ~
action of the Council alone, merely by
reason OF that Douy asree'hs " '"e pio
posed change Oh iure; ,. :.
ANY sucn rer'ai VI ahnu;ine,, n;, 5n,, ~
SO iar as IL hnec's Wy 4 niioueIp"La
Rapid transit 90, couiu, hoWever, pe
maze WIN the aSseu' VI oosn pai.es ~
the agreeEiSntI'huI H W Sni 'Ie SLty
Of fhlSuepnia anu tne h,,"ue,pnin ~,
RAPID transit W. suuJect, as are al,
agreements DetWeen inuhicipaii,ies anu
puolG Se.tleI 'h,iap ITapsn, Snns.i ~ .mJ ap
Pt%V,a' ~ y, .mv ,'.DnI,h "o '''
'" taTho aTr oVmoN sooond bronoh of tho ;rou;rv l.,
,..L no 1I.onu .Lo anr -, an,a;Jant, 10
Hnesnel ,n 'nu tol"p' s ti shnJ;a. -.
tne couSen' Vi 5; ino ivy 10 sn'poueu t. ~
tIe pLpiwSr" n, oLuinauuu. -. 'oe W., '1az Ianz
rSinu any put. Hl paris Vi .nc evv'
agreement pa,ticu'as! .hat pars ol tnS
eEatn sec,ioh .htreoi mii.h eonhri,s ali
rgn's ana irancniseS ol the SUBSIDIARY
companies irce OF all terms cohnitions
ana regulations hot proVlueu ior In salu
agreement so as TO piace such COM
pahies IN tne same position so 1ar as
respects their relations with the city as
they were prior TO the execution OF the
'oiht consent Needea
80 far as concerns the mere agree
ment of 1907, which constitutes the
greater part of the ordinance In which
it was embodied. the transit company
could not of itself and without the con-
sent OF the city rescind any part OF the
IsV' agreement, either the quoted por-
non thereof comprised in the; eighth sec
tlGn; or any other or its provisions. This
might De done with the JOINT assent OF
"at company ana the city.
but l call attention to the fact that
.in addition 70 the provisions OF the