Part 10

One of the most serious questions about the subway proposition is whether it would pay. The promoters answer that they are willing to take all the risk. But if Pittsburgh really needs rapid transit, can the city afford to have it depend on any $10,000,000 or $15,000,000 experiment, and wait several years to know the results? A subway, to clear expenses, has been found to require from fifteen to twenty per cent annual income on the cost. The cost of subways in this country has ranged from $1,500,000 to $3,500,000 a mile. The New York subway cost about $3,000,000 a mile equipped. To make a subway pay as far as East Liberty, would require a minimum traffic in the heaviest rush hour one way of ten thousand passengers. It might take twice or three times this number, according to the cost and the volume of slack hour traffic.

It seems a very grave question if a radiating city like Pittsburgh can support such a subway as proposed, to say nothing of a system serving adequately all parts of the city. Subways have usually turned out to be very poor investments, as many companies have learned to their cost, in London, Liverpool, Glasgow, Berlin. The New York subway pays only for about half its length, a considerable part of the dividends coming out of the surplus obtained from the elevated roads. Boston can afford subways, because they are mere short links in an extensive system.

Subways have other disadvantages which must be carefully considered. They might have been flooded downtown in March, 1907. On account of the cost they can only serve a very limited territory. They are extremely noisy. In New York, they are almost unendurably hot in summer, and the air is filled with iron dust. They take long to build. They are dangerous in case of fire, eighty-seven lives being lost in the Paris disaster. If deep, as in London, many people do not like to use them, even with elevators. The London underground roads are facing a very serious proposition, several already being in a receiver's hands. If shallow, they occupy or cramp the space needed for pipes, wires, and sewers, greatly disturbing the proper arrangement of underground necessities. They put passengers below ground in a place where the sun never shines, leaving to heavy traffic the light and air of the streets. Their signal advantage, on the other hand, is that they remove the traffic altogether from the street, and do not shut out light and air from the street surface.[4]

[4] Since this report was drafted, two subway ordinances have been put before Pittsburgh councils:--

a. One for the Pittsburgh Subway Company for a franchise over the route already indicated, asking for a fifty year franchise without compensation to the city for the first ten years, and with payments of one, two, three and four per cent per year, respectively, on gross receipts during the decades following. The same parties who hold this charter, are now applying for a charter for the Pittsburgh Underground Railway Company. The two routes are identical. This charter is pending before the Rapid Transit Board of the commonwealth.

b. The other ordinance before councils provides for the construction of a municipal four-track subway for surface cars from Seventh avenue and Grant boulevard east to Center avenue and Craig street, to be built by the City Subway Company, a corporation of three trustees chosen by the city of Pittsburgh. The city will pay the interest on bonds issued by the company, and the latter will turn over to the city such rentals as it can collect from the use of the subway, endeavoring to reimburse the city in the end for all money expended. It is stated in the proposed ordinance that this subway would be the beginning of a transit system, but who would operate the system is not specified.

Ordinary elevated roads are certainly not desirable in the business part of Pittsburgh, because the streets are narrow, the buildings high; and there is still at times much smoke. There is already quite an amount of elevated freight structure, black and without ornament. It is perfectly true that an elevated road can be made practically noiseless, as notably in Paris and Berlin; and there has been no damage to property in these cities. The Berlin structure is painted white and is an ornament to the city; but the streets are much wider there than in Pittsburgh.

The prospects for satisfactory rapid transit in Pittsburgh do not appear very good, unless perhaps some form of suspended railway should meet with approval. A German type which has had eight years of practical operation at Barmen and Elberfeld, is now under consideration for Berlin. Whether it would suit Pittsburgh is a question; but it has some very interesting advantages. It would cost only about a fifth of a subway's price; so that the same expenditure of money could serve five times the area,--a vital point with a radiating city.

The cars could cross existing bridges, probably, without interfering with surface traffic. Studies of routes, structure, and costs make the suspended appear a type of railway which could thoroughly compete with the Pittsburgh Railways Company; and if competition is necessary, it must be of no uncertain kind. Its cars could reach the heights about the city, without excessive grades, and open up new territory as a subway system could never afford to. If operated in co-operation with the existing company, it would allow a large reduction of surface cars in the business district as soon as opened, and the removal of all tracks when desired. On the eight mile line in Germany, not a single passenger has been injured in eight years of operation. The suspended line, moreover, does not shut in the streets, as does the ordinary two track elevated structure. With double-deck cars as feeders, it seems to offer the cheapest, most convenient, and safest means of rapid transit.

It would seem wise, if any rapid transit line is to be built in Pittsburgh, for the city to construct and control it, as in New York, Boston, and Paris. The city would merely have to borrow the money, and could retain control of the road in a way to get adequate service. It might be desirable to put the operation into the hands of trustees, who would run the road at a minimum cost and with only a safe margin of profit, giving the public either the largest extension of rapid transit lines possible at a five cent fare, or else serving a smaller territory with a lower fare. The Brooklyn Bridge railway was operated by public trustees most successfully for a number of years, with a two and one-half cent fare.

What part the steam railroads will play in the future development of Pittsburgh depends on their own efforts. Their suburban passengers would probably find a rapid transit system more convenient, because they could reach any part of the city quickly for five cents. A terminal for such passengers, more central than the Union Station, is one of the probabilities and would afford an artery of no mean significance, but still without the other advantages of a rapid transit line. The interurban business and that along the rivers could probably be best done by the steam roads, especially if they would run a frequent and cheap service of electric cars, as is done elsewhere. The electrification of all the steam lines about the city would be a great blessing, and the city should urge and encourage the matter in every way. Till this is accomplished, much nuisance could be avoided by a shortening of the maximum length of freight trains, which could greatly reduce the noise and smoke, and, judging from the latest experience, might be more economical to the roads in the end. The whole steam railroad situation in Pittsburgh, both freight and passenger, and the disposition of freight yards need further study, and especially in comparison with Berlin where the main line has a five minute service at the slack hours, suburban branches a twenty minute service, and where the whole system is to be soon electrified at a cost of perhaps thirty-five million dollars.

Any plans for the future transit of Pittsburgh should take into consideration, not only the present conditions and arrangement of the city, but also where the growth ought to be, where the healthiest sites for houses are, and other broad questions. Transit, city planning, and housing, are all closely related; and it may be well in concluding to try to get a wider view of things.

Transit systems have grown up in modern cities because of the needs and desires of people for moving about more than they did a century ago. In the old days, when towns were small and the uses to which districts were put were not specialized as now, people could walk to their work, or else had space to keep a horse or two. As cities increased in size and compactness, the keeping of horses had to diminish, and distances grew, as well as the desires of people to go about more. Public conveyances consequently came more and more into use; while the constantly improving facilities, notably electricity, increased the tendency to ride.

It would appear that the rate of a city's growth in people depends on the amount of intercommunication, just as the intensity of some chemical processes depends on the extent to which the different elements come together. So transit is now regarded as a necessity, and one which cities are beginning to feel, whatever the basis of ownership and operation, is too vital to be exploited solely for the gain there is in it.

Passenger transportation obviously has to meet the following needs:--First, carrying people to and from work; second, carrying people about their business during working hours, including shopping; third, carrying people about on social, educational, and recreative objects. The best transit system for meeting these needs is obviously that which conquers space and time most equally for all inhabitants at the lowest cost in money, convenience, safety and health. Of course people should not do unnecessary traveling,--walking, writing, and telephoning being desirable substitutes.

In American cities the economy of walking has been too much lost sight of, chiefly in the matter of getting to and from work. The largest demand on transit systems to-day is to carry people to work and back; and yet, curiously, this ought perhaps to be the least important kind of travel. For centuries, until a very recent time, everybody walked to business, and the poorest classes as well as some of the wealthy do still. The reason why so many have to live at a distance from their work is not the mere growth of cities, but our universal disregard of scientific town planning as practiced notably in Germany. We usually crowd most of our business into one center, and then have to ride a long way to get enough room for a single house. But congestion on transit lines is just awakening us to the fact that the common radial plan for a city is neither wholly necessary nor desirable.

It would look now as though the ideal city is a longitudinal one, with factories on the leeward side, after the European plan as found in Vienna and the new city of Letchworth, England; houses on the windward side away from the smoke; and stores and offices between. The whole city is narrow enough to enable people to walk across town to and from work, their homes being opposite their place of work or business. One or more high speed longitudinal transit lines would make the length of the city no greater bar to travel than getting about our congested business districts which are so often without even adequate surface transit. The ideal of universal walking to work, were it possible, would obviously abolish the rush hour travel, the cause of so many of the worst features of American city transit.

With existing, radial growing cities, it would seem best to try to replan on the longitudinal system as far as possible, modifying the ideal to fit topography and other present conditions. A rapid transit line is the best thing with which to begin the stretching out process in a city where no such facility already exists. By rigidly limiting the heights of buildings to the standards so successful in Europe, and then in some way preserving belts of houses alongside the business district as it begins to stretch, congestion may at least be checked. Of course it is impossible at this late day to provide many single houses within walking distance of a business district, though Boston has notably done so for both rich and poor with its Back Bay, Beacon Hill, and the West and North Ends.

But the conditions of Pittsburgh allow no simple alteration to fit the ideal plan. No single transit line can serve both sides of the Ohio, or the four shores of the Allegheny and Monongahela Rivers. Again, the question should be considered very carefully whether people ought to live too near the manufactories, on account of the smoke and the noise; and therefore whether the walking principle ought not to be waived in such a manufacturing region, and all the workers be transported up on the bluffs or beyond, where the air is purer, where more land is available for single houses, and where they can have quiet, healthy homes, making more efficient workers. If the smoke were not still so abundant, the fast transit lines should best lie along the rivers, with a belt of houses on the heights above. But as conditions are, the most desirable locations for houses are away to the east, north, and south of the business district, and so perhaps these are the regions which should first be made more accessible to the heart of the city.

The location of rapid transit lines in Pittsburgh obviously needs most careful study. It does not seem enough to connect East Liberty with the business district by a straight line, without serving the intervening territory. The situation needs the broadest study and outlook and the united judgment of the best minds in the city. A transit solution cannot be left to any interested company, but needs to be reached by considering the welfare of all the inhabitants, future as well as present.

THE ALDERMEN AND THEIR COURTS

H. V. BLAXTER ALLEN H. KERR, Collaborator MEMBERS OF THE ALLEGHENY COUNTY BAR

To fifty-nine aldermen is taken practically all the minor litigation of the four to five hundred thousand persons in Pittsburgh. To them the law entrusts all the preliminary matters connected with criminal prosecutions. To the educated public these courts are little known, perhaps because the amounts involved in litigation are small,--never over $300,--or because the proceedings are criminal in nature. But to the majority of Pittsburgh's vast army of foreign born, the squire's office is the only contact with law or justice. It is here that the wage earner, the alien, the Slav or the Lithuanian, comes first in criminal matters; it is here that the ignorant and illiterate enter their civil suits. This is the court of the people, such as it is.

Viewed thus, the aldermanic system is lifted from insignificance to rank as a vital question of municipal government. An ancient English system supplied the model, which aimed to decide small cases quickly and with substantial justice. But, as the system works out in Pittsburgh to-day, it for the most part achieves no such end and is a reproach to the community. For Pittsburgh has been a city too busy for introspection. A crowded center echoing with the thunder of steel mills, vast industries giving employment to alien laborers, the insistent cry of "tonnage" and the absorbing demands of business, have offered little opportunity for social study or civic experiment. It is not that Pittsburgh is derelict; her charities are many and generously supported, but Pittsburgh is busy, very busy, and the public have not taken time to think. Nowhere is this ignorance of home conditions more apparent than in the matter of the courts, and especially of the aldermanic courts which are to be considered here.

Before aldermen, informations or the formal charges of crime are made. Warrants for arrest issue from their offices. Hearings are held, the defendant is committed to jail, or bail is allowed. Summary convictions may be had before them, so that not only property but personal liberty is subject to their decisions. What this means can readily be understood when it is known that in 1908, 15,879 persons were incarcerated in Allegheny county.

To begin with, the whole aldermanic system is an anomaly in the growth of institutions. It is taken from the middle ages, only partly altered, cut, and fitted to modern conditions and a freer people. The origin of the office is obscured in antiquity. In Gothic times they had conservators of the peace, whose duty was, as the name implies, that of keeping the public peace; and during the troublous times when Queen Isabel deposed her husband and put Edward the Third on the throne, the King, fearing a general uprising, sent out writs of peace to all the sheriffs, and Parliament ordained that good men and true be assigned to keep the peace. At the foundation of the Colony of Pennsylvania, the office of justice of the peace was brought over from England, and became an integral part of our governmental institutions. Under successive state constitutions the power of the aldermen and justices of the peace has been gradually enlarged, and their jurisdiction greatly widened. Aldermen are elected for a term of five years. Formerly their jurisdiction was limited to amounts under forty shillings, but gradually it has been increased to $300. In cases where the amount involved is less than $5.33, the equivalent of the old forty shillings, there is no appeal from an alderman's decision. Litigants for so small an amount are in most instances very poor, and a hardship is wrought when such cases are wrongly decided. Another very radical disadvantage of this provision is that it permits the use of such tribunals for purposes of spite and oppression. A landlord recently refused to relet a tenement. An altercation followed which ended in the tenant's saying that he would get even at the squire's office. Thereupon he entered suit for five dollars for an imaginary debt. At the hearing this debt was denied by the landlord. No proof was offered that it existed; nevertheless the justice promptly awarded a judgment for five dollars, and, the amount being less than the old forty shillings, the landlord had no choice but to pay.

The very topography of Pittsburgh has influenced the growth of aldermanic litigation. The business district is crowded into a small triangle, hemmed in by two rivers. In consequence the aldermen in the four wards comprising the business section get a tremendous clientele. Furthermore the city has been redistricted and in the future there will be but twenty-seven aldermen, one for each of the new wards, instead of fifty-nine as heretofore. When it is known that some of the downtown aldermen make $12,000 a year from fees, under the present ward arrangement, an idea can be gathered of what will be the income of the aldermanship under the new districting which throws the heart of the business area, approximately the first four former wards, into one new ward. Of course ward lines are important only in the election of aldermen, for once elected their jurisdiction properly exercised extends over the whole county. A case may be put in the hands of any alderman whom the plaintiff may desire.

In appearance the average alderman's office is not prepossessing. A counter flanked by a railing, a few chairs, a safe and a number of dockets, compose the usual furniture. The floor is nearly always bare, generally dirty, while outside the appearance of the office is much that of any shop desiring customers. Often an electric sign or gaudy lettering on the building, or other similar device is employed to make the location of the office conspicuous. With few exceptions, the offices are on the lower floors, usually opening like a store directly on the sidewalk. Where the ward boundaries permit, they are put on the main thoroughfares, sometimes so close together as to be within sight of one another, which naturally results in the sharpest kind of competition. The more progressive aldermen indulge in advertising and it is a common sight to see blotters emblazoned with the name or the alderman, his address and telephone numbers, distributed among the downtown offices. Yet these are state judicial offices presiding over subordinate courts!

Each alderman has a constable who is elected at the same time and in such ways as makes the office largely political in complexion. In many offices the alderman and the constable do all the work. But in the downtown offices there are usually in addition to the alderman, a docket clerk, a writ clerk, and perhaps two deputies. The constable is not only the major domo, but usually the business getter of the outfit. It is he who mingles with the people of the ward and steers litigation in the direction of his employer. All this is to his benefit, because, like the alderman, his income is derived from fees. Such constables have often made as much as twenty dollars a day in the sections of the city settled by foreigners, but this is not the rule now, partly because the aliens are less ignorant and partly because of the influence of many national, fraternal and charitable organizations. However a conservative estimate of the income of the downtown constables at the present day would be $3,000.

The business of an alderman is to get customers, try cases, prepare informations, execute commitments and various other legal documents.

In civil cases, it follows from the very organization and jurisdiction of aldermanic courts, and the fact that the litigant may choose his tribunal, that the aldermen are often called upon for legal advice and opinions even in advance of the actual litigation. Each alderman knows that if he advises the complainant that he has no case another alderman will be consulted. If the latter advises suit the costs will go to him. As an alderman depends for his living on fees from litigation instituted in his court, it is not hard to find one who will tell you that you have a good case.

Not long ago a landlady and two boarders,--a man and his wife,--became involved in a teapot tempest, during the course of which the landlady pointed a revolver at her boarders. A squire was consulted, who advised an information for surety of the peace. The proceeding under an act of assembly for pointing firearms would perhaps have been proper, but there was clearly no case of surety of the peace. The case came up for hearing and after a long dissertation couched in legal verbiage the squire pronounced his judgment that the case be discharged and the costs divided. The plaintiff, who was represented by an attorney, immediately refused to pay and asked the squire what he was going to do about it (by act of assembly execution cannot issue for costs alone). The squire was nonplussed, and called in his constable. After a whispered consultation, he announced that he had reconsidered and that his final judgment was that the case be discharged and the costs put on the defendant. By this time the defendant had got her cue. She refused to pay, and asked the squire what he was going to do about it. Another whispered consultation followed while the squire scratched his head in perplexity. Another reconsidered judgment was given, this time that the case be discharged and the costs put on the county.

Not only do the aldermen give advice concerning prospective cases, but they solicit business and it is very common for them to hold themselves out as collecting agencies. Some aldermen who make a specialty of such work have a printed form reading:

Claim against you for $________ has been put in my hands for collection. Pay at once and save yourself costs.