The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-02-24


other power is used, and no railway car nor car
rage, used upon any other railway IN this
State, shall be used upon said tracks,
conditions: Any and all other corporations ope-
rating line or lines of street railway in said
city, by authority of the Common Council and
Board OF Alderman thereof, whose cars pro-
PEELED with animal power, shall have the right
To run It's cars along and upon the tracks OF the
metropolitan Railway Company, within the fol-
lowing free territory Boundaries e., New York
street on the north, Maryland street on the
south, Delaware street on the east, and Tonnes
see street on the west: such other company so
using said track first paying to said Metropol-
tan Railway Company, for the use thereof. one
half the cost of the construction of the part of
track so used and one-half the cost of maintain
ing the same while SO used, such half cost of
construction to be paid before such use COM
mencod provided, however, that in case any
other company shall determine to use such por-
tlon OF said metropolitan Railway Company's
track, said Metropolitan Railway Company shall
have the right To use as large an amount of SAID
other company's track where it desires upon the
same terms But such use of track shall not be
so conducted as to interfere with the ordinary
and regular running of cars thereon.
See. 4. The said tracks and railways shall be
used for no other purpose than to transport pas
sengers and their ordinary baggage. The cars
and carriages for that purpose shall be of the
best style and class used in such railways in
other cities, and shall be provided with front and
rear platforms. No car shall be drawn by less
than TWO animals; every car shall be provided
with driver and conductor, and no passenger
shall ever be required to pay any fare for riding
upon any car or carriage by depositing the same
*,
The Common Council and Board of Aldermen
shall, at all times, nave the power to make such
regulations as to the rate of speed and time OF
running such cars or carriages as the public utll
ity and Convenience may require, and to fix PEN
alties for the violation of such regulations
Sec. 5. The track of any such rail way shall
be laid with iron or steel rail having a lower
tramway of not less than three inches in width.
and shall not be elevated above the surface of
the street, and shall be so laid as to conform to
the established grades of the streets of said city,
and in such manner as to cause no unnecessary
impeachment to the ordinary use OF the streets,
and the passage Of wagons, carriages and other
vehicles upon, along or across the said tracks at
any point and in all directions. with suitable
bridges at all cutters, to permit the free
and unimpeded flow of water along the same.
The said company shall keep the space between
their track, and two feet on the outside of each
rail, together with all bridges at the crossings of
CUTTERS, good repair, to the satisfaction of the
Common Council and Board of Aldermen, and
shal cause the space between their tracks, and
two feet on the outside of each rail, to conform
to the grade of the street on which the same are
laid; and il said company shall fail TO repair any
street or bridge in such way the Common
Council and Board of Aldermen shall direct or
shall fail or refuse TO make the space between
the tracks, and two feet on the outside OF
each rail- conform to the grade of
the street upon which the same is laid
for period of ten days after having been served
with notice to do by the order of the Common
Council and Board of Aldermen, then said Coun-
Gil and Board shall have the right to make such
repairs and collect the cost thereof from said
pany, with 10per eut.penalty thereon. All tracks
OF said company shall he of standard gauge of
four feet eight and onehalf inches in width, and
none hut the most improved rail shalt De used.
The Common Council aud Board of Aldermen re-
serve the right, at any time, to order the said
company to canse any part of its track to he
taken up, and relaid, whenever it shall be neces-
sary for the purpose of regarding or improving
any street, constructing sewers, or laying gas or
water pipes therein; and said company shall be
liable for any legal consequential damages
which may be sustained by any person by the
reason of the carelesness, negligence, or miscon,
Duct OF any OF the agents OF servants OF said
company in the construction or use of said rail
road tracks aforesaid and should an action be
brought against the City of Indianapolis
by reason thereof, the said company
or some officer thereof shall be
notified of such shit and thereupon it
shall be the duty of the said company to defend
settle the same; and should Judgment be rem
dered against the City in any such case, the city
shall recover the amount thereof with all costs
against the company, and the recovery of the
Judgment against the city shall be conclusive
evidence in the case to entie the city to recover
the amount SO paid by her In satisfaction of such
Judgment and costs.
The tracks of said company shall be laid in the
center Of the streets in all cases where it is prac
ticable and except where a double track is con-
templated, in which case the tracks may be laid
at such distance from the center of the street as
that tina center line between such double tracks
shall be upon the center line of the street. Said
tracks shall not be laid within twelve feet of the
sidewalk, IN any case, where 1t is practicable to
Sec 6. All rights and privileges hereby grant
ed are subject to the rights and privileges actu-
ally vested by law or contract IN any other cor
pOratlOns or individuals.
Sec. z. The said city of Indianapolis shall not
he liable TO said company for any DAMAGE that
may be accustomed by the breakage of any gas or
water pipe, or for any delay that may be occa-
stoned by the construction of sewers laying of
water gas pipes. or the necessary repairing of
che same, or from the Improvement of any street,
alley or sewer; provided, however, that If in the
laying of sach pipes or the making of such i'm
provements or repairs by any corporation, other
than the city of Indianap Oils, It shall be Deces
sary to take up and relay any of the tracks OF
said company, nothing herein contained shall be
construed TO prevent the said railway company
from recovering from such corporation the cost
and expenses of taking up and relayine the same.
Sec. g. The fare for each passenger carried
upon any one line or route of said railway within
said city, shall not exceed five cents for any dis
lance; and for each trunk or bulky package or
article, ten cents Children under the age of
six years, when accompanied by a parent or
guardian or grown person in charge, shall be car
red free. Nothing, however, in this ordinance
shall be construed AS to prevent said company
from furnishing ears for any special purpose at
such rates may be agreed upon between the
company hereby agrees that 10 will at all times
sell packages of eleven fare tickets for fifty
cents, and that 1t will sell thirty fare tickets for
one dollar TO school children TO be used for
school purposes. The company hereby agrees
to furnish transfer checks, so that passenger
entering a car upon any one route in the city
shall be entitled to transportation by contnu-
Gus passage to any point upon any other route OF
this company in the city, which may Dc reached
by q single transfer.
Sec. 8. The ears carriages shall be run in
conformity with the following rules and regula-
tions;
First-N0 car shall be run at a greater rate Of
speed than six miles an hour
Seeond--While the cars are turning the cor
ners from one street to another, the animals
drawing the same shall not be driven faster than
five miles an hour
Third-Cars being driven in the same direction
shall not approach each other within distance
OF fifty feet, except in case of accidents, when
at near stations.
Fourth-Cars shall not be allowed to remain
standing on any street at any time, unless with
team attached and while waiting for passen gers
Fifth-No car shall be allowed to stop a
cross walk, nor in front of any lntersectng
street, except to avoid collision or TO prevent
danger to persons passing in the streets, or to
take on discharge passengers.
Sixth-Conductors and drivers employed by
said company shall use care and diligenc to
prevent injury to persons, and on the appear
anee OF danger to any one on or near the track
the car shall be stopped as soon as possible.
SevenIh-Al nrOnar care shall be Iaken by