Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1921-12-13
COUNCIL CONFERS
ON FRANKFORT L
Business Men Want Courts to
Pass on Fare Question Be-
fore Lease Is Signed
COMPROMISE IS EXPECTED

The first of series of conferences to
determine whether the city or the
Philadelphia Rapid Transit Company
shall operate the Frankford elevated
is being held today by Council sitting
as Committee of the Whole.
The conferences also will determine
whether the residents Of Frankford Will
have central city delivery by way OF
the Market street elevated or whether
the ride will terminate at Front and
Arch streets.
Richard Wcglein, president Of Ccun,-
ell, has arranged the conferences, which
he promises will he short and decisive.
Thomas L. Mitten, president of the
company, Director Twining. Mayor
Moore and City Solicitor Smyth have
been invited to attend, as have several
trade and civic organizations. Discus .
sion will be confined to the Frnnktord
elevated, and the soap. box variety OF
oration will be strictly taboo. MIR.
Weglein declared yesterday that he
has great faith that the conferences
will heal the differences between the
city and the company so that the latter
will agree to operate the elevated.
Compromise Expected
The Councilmen, however. feel that
concessions will have to be made by
both sides.
The trend OF opinion. in certain
councilmanic circles is that the city
will for the time being have to rcnounce
its claim to straight s. per cent re-
turn on the money invested by the
municipality in the construction of the
road, while the company will also have
to refrain from seeking the city'S con-
sent to an increase in fares.
A five cent trolley fare in this city
is backed by the authority of the United
States Supreme Court. even though the
Public Service Commission has estab.
lished seven cent fare here, counsel
for the United Business Mems Associa-
ticn stated today.
A tive-cent fare was fixed in the 1907
agreement between the city and the
=. Il. T., the association asserts. The
legal reasoning which led the associa- :
t!On to believe the fare question should
be tested in the courts follows:
"By decision of Supreme Court
handed down April II in the case of
CITY Of San Antonio, Tex, VS.. the San
Antonio Street Railway Company, it
is held that where under a State Con-
Stitution a municipality has the right
to enter into contract fixing fares
for a limited period and such contract
is entered into between street railway
and a municipality, such contract fixing
fares is binding and cannot be changed
by action Of any public service COM
Later Than Pennsylvania Decision
"This decision was made since the
decision of the Appellate Court Of Penn
sylvaniu III the Williamsburg case,
where a municipal ordinance fixing
fares vas declared imperative. At the
present time strong attempt iE being
made to have the fare for the City of
Philadelphia fixed by valuation of the
property OF the operating company in.
stead of by its contract with the City
Of Philadelphia. Council should i'm
mcdiatcly pass Il resolution directing the
City Solicitor to tuke proper legal pro
ceedings to have the courts pass on
the city's rights under the 1907 con-
tract before the present valuation pro
cecdings are finished.
The Supreme Court of Pennsyl
vania has twice decided that the con
tract Of 1907 is legal and valid on,
and the Supreme Court of tn" Unitrc
States has said Il valid contract fixing
fares is binding. 1t will not be difficult
if prompt measures are taken by Coun
ell and the Mayor and the City Solicitor
to get decision from the courts in the
above matter before the valuation pro-
CeedngS are concluded.
'If this contract gives the people OF
Philadelphia the right to a fvc-c cent fare
that right should not be taken away
from them by rushing valuation pro.
ceodings. 1t is vital to the interest o
the people of Philadelphia that theil
right to tive-cPnt fare under the
1907 agreement should be determined
and not abandoned.
"No permanent lease Of the Frank
ford u should be made under any cir
sumstanccs at present because such &C.
tion might entanglc the entire city's
system in the future.