Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-09-16
|6ENY COURTS RIGHT
I'M TRANSIT RULING
|pubIic Service Commission
Plans Thorough Test OF
Its Authority
|pIpEBs OPPOSE FLAT FARE

r,. puhlic Service Commission will
Ine nhiv test the right Of the Superior
rO"rt to interfere with the commission
stion % regarding the trans't controversy
IN philadelphia. ,..odos no tbo
THAT such a step is intenueu py uu,
onmission was indicated today tnrpugn
LITTER cent by the public service ooas
r. Oscar Beasley, counsei ior 'h'
V.,tsd business Mems Association.
~ this communication the commls,
~ said that it was within its rlght
O~ ~ovorruling n demurrer hled pE tns
ndorlying companies OF the hapld
rnarsit Go. and ordering the subsidiary
Imnonies to answer complaint. maue
,bo association named. In TINS com
,;nt @ the business mems association
sa,.onded s,n that rentals paid by. the Z.
'pT n the underlying companies were
.-1osonable and excessive and asked
\" commission to make an iuvesti-
.t;on with view of reducing such
In their demurrer the underlying con-
.,ns rontcnded that the commission
ID "a no jurisdiction in the matter.
~ TN ~ commission decided otherwise
ii consequently the underlying com
nu;os appealed from the commission S
stion % 70 the Superior Court. Judge
Inn Of the Superior Court. granted
rsnncrsedcas staying any action by
t,o commission until the court decided
S.Sether il had the right to order the
(nhsidiary concerns to reply.
The court will review the case during
Sbe early part of October.
Question Of Jurisdiction
Tho underlying companies assert that
I,a Commission has no jurisdiction for
hs reason that the subsidiary COM
ron;es are not actually engaged in
kneration of street railways. They also
tnntend that the state body can act only
Srben the question of rates and service
M n publc utility are involved.
| Counsel for the complainant declare
Shat the rental charged by the undcrly-
Sng companies is equivalent to a rate
bnd that the commission, therefore, has
the right to act,
Protests against the no transfer no
|sYchsnCe plan of the Rapid Transit
Ia, are being made by riders in sec
hons of the city that will be financially
AFFECTED.
| Petitions addressed to members of
|rity Council and also to the p. Il. T.
Ire being circulated. Riders who will
he Obliged to pay two five cent fares
n the plan of the company is approved
Eventually by the Public Service Com
mission assert that it is unfair to com y
bel q per cent Of the people to bear the
financial burden Of the company while
he other 7G per cent ride for straight
bye.cent fare.
Basis of Home Buying
In the petitions 1t is pointed out that
thousands Of householdcrs were induced
b buy their present homes largely be-
lauSe they could reach their places Of
Employment with a five cent fare. Those
opposed TO the latest fare plan Of
Thomas L. Mitten. president Of the p.
R. T., express the belief that the COM
mission will not indorse n rate which
dds 100 per cent to some riders ex-
bense and nothing whatever to that of
thers. ,.
While admitting that the company
becds more money. many believe fla
Increase in fare which would include
transfers as at present would be more
Equitable solution Of the problem.
| lively fight over the new fare plan
! promised in Council when the ordi-
lance asking approval of the rate comes
p for vote This measure is now in
be hands of the transportation com
fittee. There probably will be a pub
c hearing on the question before the
Ommittee takes any definite action.
Many members of Council are op-
POSED to the new Mittcn plan and sew
ral are noncommittal.
Charles II. Won Tagen, of the Sixth
istriCt-'I am against any fare in
reases as long as the riding public is
orced to pay the exorbitant rentals
bat the company bears. I want
howdOwn on that question before any
|are inCrpnse Is pronted