Appeal, No. 34, May T., 1960, from order of Secretary of Banking and Department of Banking of Commonwealth of Pennsylvania, December 22, 1959, in case of Dauphin Deposit Trust Company v. Robert L. Myers, Jr., Secretary of Banking et al. Order affirmed.
Arthur Littleton, with him Alton W. Lick, and Morgan, Lewis & Bockius, for plaintiff, appellant.
Anne X. Alpern, Attorney General, with her Frederic G. Antoun, Deputy Attorney General, for Secretary of Banking and Department of Banking, appellees.
Robert Rubendall, and Hull, Leiby and Metzger, for interested party, under Rule 46.
Solomon Hurwitz, with him Hurwitz, Klein, Meyers & Benjamin, for interested party, under Rule 46.
Scott S. Leiby, and Hull, Leiby and Metzger, for interested party, under Rule 46.
Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.
OPINION BY MR. JUSTICE BELL
This is an appeal in the nature of certiorari from the so-called adjudication and Order of the Secretary of
Banking and the Department of Banking, disapproving the application of the Dauphin Deposit Trust Company (hereinafter referred to as "Dauphin Deposit") for authority to establish a branch office at 2100 North Second Street (on the northwest corner of Second and Maclay Streets) in the uptown or northwest part of Harrisburg.
The purpose of the proposed branch is primarily to conveniently and adequately service, and secondly to retain its present depositors and borrowers, and thirdly to secure prospective customers - a natural and laudable plan. Dauphin Deposit has at the present time a very large deposit*fn1 and loan business with those who live or have a business office in the northwest part of the city. These are serviced by Dauphin Deposit's main office which is located at 213 Market Street in the downtown section of Harrisburg, more than a mile and a half away. The proposed branch office would provide complete banking services, other than trust functions, for Dauphin Deposit's depositors, borrowers and customers in the northwest area, and would consist of a modest one-story rented building with a drive-in window and off-street parking for twelve or more cars. The branch would have an assistant manager and four employes to service small loans.
The Secretary of Banking held a hearing at which the proponent and the opponents of the proposed branch bank were present and presented evidence and briefs. From the investigation of the application by the Department, the data and the evidence submitted at the hearing, the Secretary (on behalf of the Department of Banking) disapproved the application and filed an able exhaustive "adjudication" which we shall briefly summarize:
"The population of Harrisburg in 1940 was 83,893. In 1950, the population was 89,544, an increase of 6.7%. The estimated population in 1959 is 92,000, an increase of 2.7%. The population of the area that would normally be served by the proposed branch was 40,481 in 1940. In 1950, the population of the area was 40,852, an increase of .83%. The estimated population at the present time is 43,900, an increase of 7.7%. The area is primarily residential with well established commercial and business activity along Third and Sixth Streets. There is an increasing development of business property on Second and Front Streets. The present facilities of [the ...