The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-07-27
THE COURTS MUST DECIDE
Part of the Dudley's Unfinished Track
Taken by the Citizens Company.
Some Strong Circumstantial Evidence that
Tom Johnson Is interested in Railway
Building Under the New Charter.

The controversy between the Citizens street
railway and the Dudley company reached a
crisis yesterday. On Wednesday the ties and
temporary track were laid by the Dud-
ley company along East Market street, between
Pennsylvania and the Circle. This was the be-
ginning of the trouble. The Citizens company,
yesterday. went to work in putting down track
on the southeast part OF the Circle. between
Meridian and Market streets, and at 6 o'clock
last evening reached the unfinished terminus OF
the Dudley line. Here its off,
GERS claimed right Of way, on the
ground that the money for the Dudley work
was being furnished by Tom johnson, and that
no evidence could be produced that the Dudley
work was being done according to the ordinance.
which required the deposit Of q check as q
guarantee Of good faith. It is true there 10 q
check for So. 900 in Fischer & Churchman'S
bank, say the officers of the Citizens company,
but there is nothing to indicate that it belongs to
the Dudley company. It is signed
urer, but does not state in what
company he holds those positions. It is there
fore argued by the Citizens people that the or
dinance has not been altogether complied with.
and leaves the Dudley people just in the position
they were before their officers attached their
signatures to the acceptance. The check. is is
assumed. comes from johnson. who has no rights
to the streets and is trying to work under an Or
dinance granted to another company. 1t is
said b. the Dudley people that their money for
the work comes from the sale of bonds; but. say
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must be a record Of the fact here, which cannot
be produced. Again, it is urged that a sale OF
bonds necessarily carries with it q mortgage on
property, and the Dudley company has
mono in lines. II the stockholders have
paid in. that fact, too. could
be forthcoming, but it does n lot appear. Hence
the Citizens claims it has undisputsd RICH. to
the streets and to the center Of them, from which
the Dudley company is restrained by process of
court until a hearing can be had before tho
judges on Saturday.
The Dudley company yesterday, through Its
attorneys, appeared before Judge Taylor, and
asked for q modification OF the restraining order.
in so far az to restrain the old company from
entering upon disputed territory while the re-
straint was still upon the defendants The
court decided that the defendants must make a
showing, and file q bond. Action was suspended
until 2 o'clock In the afternoon. to give the nee
essary time, but it was decided to await
the time originally set by the court. No
work was done by the Dudley company during
the day upon any OF the city streets. This Was
the position Of affairs when the large body of
the Citizens company's employees began opera.
tions upon the Dudley company's half-fnishec
tracks. Work was begun on the Market-street
division, and. laying aside the loose ties and rails.
there was laid in their places the ties and rails or
the Citizens company. The rails were spiked.
The management OF the latter company shows
more disposition than ever to put down Its lines
and check the work OF the Dudley company
wherever it puts In an appearance.
Calvin F. Darnell, Councilman for the Third
ward, WAS seen at his residence last night by q
Journal reporter. On being asked bis opinion
OF the Dudley companys action. he replied: II
am more and more convinced that Tom john
son is at the bottom OF it all, and l think / can
show you some pretty good evidence. To-day /
was informed that q carload of iron and spikes
for the Dudley company were on a side track
at the Massachusetts avenue depot This
afternoon. In company with Councilman
Casper, l drove over TO the place aud there
We found Councilman Elliot. evidently for the
same purpose. We soon found the car. which
is on the hurry switch. L. E. & W. tracks. 1t is
numbered 3777. and is labeled P, w. q B.
R r. Anyone car see it by going over there
tomorrow. In it we found common street-rail-
way iron and a number of kegs Of spikes.
Each keg was marked Tom l.. Johnson, Indian
apolis. Ind. One Of them was burst open,
and l concluded the head, with Johnson's
name on il, would be OF some interest, so /
captured it. You can see for yourself"
"What is your opinion OF the money deposited
in the Fletcher & Churchman Bank oy the Dud-
ley companyT'
'As to that $50. 900 1 am a little doubtful, for
/ can't see why it wasn't put in Mr..
name as treasurer Of the company. This is an
other thing that convinces me that johnson is
involved in the matter. This morning / met
him 1 thought that sucn Was the
case. he at once denied it then
asked him if it was not a fact
Churchman'S Bank in his name as treasurer of the
company, and he gave me q firm No! In reply.
but confessed that be was simply named as
treasurer without any explanation IS to what
he was treasurer of. He Immediately asked of
me of what consequence this wss so long as they
paid their hands snc for all material used, and
grew very indignant. using words that one don't
hear a church-goer utter every day. DE left me
by saying, We don't intend to be bulldozed in
this matter"
"Do you know anything definite about tbs
money deposited in bankF
AZ went over personally to the bank this after
noon aud talked TO Mr.. Churchman about 1t He
seemed to be very willing to talk aboCt the mat
ter, and 30 l asked him right on the spot if the
money to build the Dudley lines was deposited
in the name of U. P. Hammond as treasurer
only. He replied that it was. Does the money
belong to JohnsonP l then asked him. L don't
Know was dis answer. But IL
is my opinion that it comes from
no other source. 1 spoke to our city attorney.
VIM. L. Taylor. tonight about the matter. ask
ing him whether any action could DO secured
against them. He said that he could do nothing
just at present. The money is in Hammond 3
name, and the material is billed to johnson.
leaving matters in a badly mixed-up condition.
1 will tell you just what believe. ] have
worked for three months against the johnson
lines. Their franchise was sold to another COM
pany. l then worked day and night
TO secure q charter for the Dudley
franchise, aud i was in good faith in all l did.
but now it turns out, in my Judgment. to be
the same company that opposed in the start.
1 have been working for Johnson and not Dud-
ley"
AS to the capture or the Dudley territory by
the Citizens company. Colonel Holloway says
that IL Is nothing more than the basest robbery
for one company to take advantage of another
while one is barred from action by the courts.
He denies that johnson has anything to do with
matters, and thinks the courts will give his COM
pany relief. as 1t has a full title to the streets.
Commissioner Want TO Settle.
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