The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-07-29
DECISION AGAINST DUDLEY
Judge Taylor Says the Citizens Compa-
ny has First Right to the Streets.
Lay Tracks Where and When II Plsasss
without Interference. Unless the Char
ter By Some Illegal Act Is Forfeited.

Judge Taylor. Of the Superior Court, last
svening gave Q decision which. IL sustained by
ne Supreme Court viii forever settle the war
between strsstear companies that has been go
Ing on for several months. The case before
him was that in which the Citizens company
peritionsd to have the Dudley company perma-
nsutly e~rjoined from interfering with the con-
struetiou OF = line along certain streets which
had been granted by Council 20 the Dudley com
psny. Before the ease was called. yesterday
morning the attorneys for the Dud-
ley people fled an answer and
er~oss-complaint OF considerable length. II cited
the action Of the Council for It's authority for
beginning work on the streets named In It's or
dinsncs, and alleged that the Citizens company
had, By is act In tearing out tracks laid by the
defendant on Market street, been guilty Of tres
pass. and asked for s1o.o 900 damages on aecoun,
Of the alleged misdsmsanors Of tie plaintiff
In conclusion the cross-conplaint asked that the
Citizens company be pernsnsntly enjOined from
interfering with the defendants tra~ck-lsyine.
The argument In the cass lasted all day. and
al the various phases OF tie muddled question
were fully discussed by both sideA The bud
ley company was represented by Captain
Shepherd. Colonel Black and Upton ]. Ham
mord. while thu Citizens was represented by ".
a. B. Miller, John B. Elan and II. G. Allen.
The attorneys for the Dudley people argued that
~ the company had been granted . charter by
ne City Council for certain streets, they could
NOS be restrained from proceeding to lay tracks
upon those streets It was urged that the Citi-
Gems company did not have an exclusive right
eupyiug could be given 20 another company by
the Council On the other hand. the attorneys
for the plaintiff held that the defendant, for
several reasons. had no right to lay o track on
any street, and particularly the streets over
which the controversy had arisen. II was main
Indiana authorizing the construction
snd operation OF cable street
railroad The Dudley company. IL was urged,
was Incorporated to lay . cable road. and yet.
under an amended charter. came In and pro-
posed TO build an electric railway. This IL could
not do. Il was also stated that the Citizens
charter gave 10 an exclusive right TO the streets
OF the city. unless is could be shown that it had
by some act forfeited It's right to certain streets.
AT the conclusion OF the argument judge Tay-
ior said there was no necessity TO take the case
under advisement, as there was no question
about the Law governing IL. he then, In q brief
,rsl decision. held. that the charter granted 70
abe Citizens company In 1864 was 10 the nature
n . contract, and gave TO the company the right
10 occupy every street In the city. Unless it
could be shown that the company had, by some
Sufficient cause. forfeited its right to q street. or
streets, It still had the right to occupy
them, and no other company could
occupy the center Of any street,
bad not forfeited. Council had no authority for
granting any other company . charter TO build
roads In the center OF streets not forfeited by the
company legally Occupying them he also in
km ated that there was no law authorizing the
eonafructtou of n aahia Rfraat-ra1wav in TnHi-
ena, and thas the articles Incorporating the
Dudley company were therefore void. In con-
elusion he authorized the Citizens company to
remove all the track the Dudley company had
pnt down and substitute its own instead.
The attorneys for defendant said they were
greatly surprised ~ the decision. and stated
they would appeal the case to the Supreme
Court at once. However, a. the decision Is in
keeping With The views of .hs full Superior
Bench. leading attorneys believe there 10 no
question sbouttts bei3g the law in the case. and
III doubtful II the Dudley people viii 60 to any
more expspss In eontestina the rights of the
LIuxsrs /eompany. The construction the de-
t1lod puts upon the charter OF the plaintiff
sgress with what The city attorney and many
member Of the Council have believed for q long
kims-thss the Council Of 1864 gave the
company the exclusive right to every street
tho city then had, aud Ill that may be added in
the futura The councilmen are glad that the
question has been finally settled. as IL points oat
the course they shall pursue In the future. One
nsmbsr remarked last evening 1--WE will not
be bothered with any more street car companies
wko want charters; al We will have TO do is 10 see
that the present company obsys its charter to the
letter. While there 10 some complaint about
ore company having q monopoly Of the streets,
ths majority OF citizens who have expressed
themselves see no harm that can come from
such a state OF affairs. $50 far as / am con-
cerued. / think il IL best for the city,"
said q councilman last evening. "With the
transfer system . person can ride to any point
In the city for I've cents. liz We bad two or
three companies it would cost two or three
times as much to get over the city. Five cents
u small sum-. but it would amount TO q good
deal Ia q year to q poor man. The present COM
psny has shown q disposition to do the square
thing. Under its charter we can compel it 10
give the very best service, and now, as we know
We are TO have but one company 20 deal with,
we can make it live up to the letter OF It's char
ter. A failure TO obey IL forfeits the right TO
any street on which the failure 10 made, and
then We can have a competing lins.'
Manager Shaffer was elated over his triumph
In court The company, he says, will complete
Its new lines rs rapidly as possible, as il 10 the
intention TO give Indianapolis q streetear service
second TO that OF no other city Of its size 10 the
United States. The new line starting from the
Union Depot on Meridian street. running around
the Circle 10 Market en- Market and Alabama,
and thence 10 Home avenue. and from there TO
Central avenue, and on that avenue 20 the State
fair grounds. was almost completed yesterday.
The work Of rebowldering the streets was be-
gun, and will be finished In = few days Work
Is also progressing on the South-sids extensions.
and the line to Crown Hull Cemetery will DO laid
ss the material In obtained.
Ali-Night Cars Suggested.