The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-06-12
COUNCIL ASSERTS ITSELF
It Orders the Citizens Railroad Com
pany to Stop Laying More Tracks.
The City Attorney Thinks There Il . Solution
Of the Problem In Selling Street Fran
chIses to the Highest Bidder.


ers An effort was made TO suspend the rules
and take up the regular order OF business. but
that being objected TO, tho report Of the COM
mittees on railways and Judiciary was called.
Chairman Darnsll announced that the commit
tea had . resolution which IL desired should
prsesde the report, and he then offered the fol-
lowing
Whereas The Citizens Ssreet-railroad Comnpay,
successor to the rights of the Citizens Streetraway
Company. has commenced and Is now engaged in con.
structng lines of street railway various streets OF
the city in violation of and against the public welfare,
II having torn up said streets in patches distinct
from each other, thereby greatly and unnecessarily
obstructing travel thereon; and
Whereas. All of said work has been done and Is now
progressng in plain violation Of Section 4154 Of the
obtained the consent of the Council aud Board Of AT
dernen 70 the location, survey and construction OF
any of said lines of street railways; and
Whereas, 1t 10 therefore deemed expedisnt that no
further work be allowed by said company said
Streets unless the rights and welfare of the public
have been consulted and the consent OF tbs Council
and Board of Aldermen has been obtained r. the loca
ton, survey and construction of said lines Of tracks
now, therefore, be it
Resolved By the Common Council and Board Of
right OF supreme control over the streets highways
alleys and bridges Of said city expressed In Sections
Sl6l and 4l64, R. s. of 1881. Is hereby asserted
Resolved. That the said Citizens sStreetrrailway
Company be and IL is hereby ordered 70 Immediately
now engaged in laying new lines Of track, and pro-
coed further Herewith until the consent of Coun
ell and Board Of Aldermen shall have been obtained
Resolved. That said Citizens streetrailway Com
psny be and Il is hereby ordered TO 1t place all
parts OF streets torn up In safe condition for
sonsr whois drsctedt enforce this order The street
commissioners II hereby ordered TO ut once notify the
proper officers and employees of said Citizens Street
rail xrmw 1E h. 1ft AA
ing resolutions, and insthe event oil work in further
laying said new tracks II not at abandoned by
further Ssd', ws.s e
commissioners 10 directed TO make full report Of
all his doings under this resolution. at the
the provisions herein shall not apply to any other line
along the streets OF this city, except the lines
heretofore granted to the Indianapolis Cable Road
expressly the right at any time to require
strict compliance with the provisions of the foregoing
resolution % to all of the Streets and public
highways. and public places OF the city Of Indian
apolis-
AT the conclusion of the reading Of the resolu-
ton Councilman Stuekmsyer asked if ths Citi-
zen's StrsetTsilway Company had right TO cc-
cupy al the streets of the city. II it had no
such right, he desired to know why the city at
torney had not begun injunction proceedings
City Attorney Taylor. in responding to the
questions, stated that he did not deem it s6visa-
BILE to take any action without some advice from
the Council. There wss very fine question as
to just what rights the company did have. By
the acts of 1861 three years previous to the last
amendment of the company's charter, the city was
given the right to reserve absolute control of all
its streets. He did not believe that any city had
the right to farm out its streets to any company
foya har of H> obi 81.
police had the right under the act OF 1861 to
stop the company from work. and that plan he
deemed preferable to injunction suit. He
also gave it ~ his opinion that il any company
did succeed in getting monopoly of the streets
it could be compelled to allow competing COM
panies TO use Its tracks.
Councilman Markey moved that the resolution
be referred back TO the railroad committee and
the city attorney. but his motion met with al
most unanimous opposition. Councilman Swain
stated that the resolution had been Endorsed by
the whole committee. and he urged ito adoption.
IL was time to determine what rights tho city and
the railway company had respectively. The
resolution was put to . vote. all the couneilmen
but one voting for L. Councilman Burns alone
voted 10 the negative
The resolution having been disposed of, Chair
man Darnell announced that the committee had
reports to present The majority report, signed
by Councilmen Swain, Cummines, Pearson and
Kelly, Was then read. Il recommended that ia
chises . new ordinance, providing for the
sale of the franchise to operate . system OF
street railroads 10 the city be passed. The body
OF the ordinance Is the same 80 that
passed several months ago granting
the Dudley company . franchise, with q
few additional streets in the South Side named.
II provides for either electric or horse car
road The new sections added provide that tn Q
city clerk shall, on the first Saturday after the
asapublicatios of the ordinance. give notice that
the franchise will be sold ut the city clerks
Office BY the city attorney 10 the highest
bidder. The franchise to be offered and bids re-
ceiyed al follows First. for the highest price in
cash; second, for the highest yearly cash; said
amount to DO paid Ia advance; third, for the
highest per cent of the gross receipts from all
sources, to be paid TO the city monthly; fourth,
for the Highest annual amount to be paid a.
special tax or license on each car to be used by
said company or corporation. The final pro-
vision 10 that the charter shall expire at the end
Of twenty five years.
Councilman Darnell. chairman of the COM
mittee. presented report, sensd only by
himself recommending that the franchise here
tofore granted to the Dudley company be SO
amended rs TO allow the company TO operate
electrical motor cars Along with the report he
presented the amended ordinance OF the COM
pany. The only alterations made in the old
ordinance we're the insertion electric motor
for cable road. and the changing Of the date of
expiration of the charter to thirty ysArs
A third report was submitted By Councilman
Cummings. who recommended that the j. V.
McNsal company be granted charter for either
an electric motor or horse-car line. The three
reports were discussed % length. Councilman
Swain said the committee hardly knew what to
do The only way out was to put MP an
ordinance for sale. The plan had bsen recon
mended by the city attorney. who knew il was
followed in other cities, and very sue
esssfully. Following Councilman Swain's
remarks Councilman Hicklen presented protest
against granting the right for line on South
Meridian street, signed by thirty property hold
ers the street Councilman Darnell present.
ed counter petitions asking that tho Dudley
company be permitted to construct an electric
line on South Meridian street and around the
Circle. The petition Was signed by about forty
property-owners OF those thoroughfares Coun-
Gilman Hicklin offered q resolution requiring
the Dudley company to improve that portion OF
Meridian street 10 had torn mp. The proposed
action did not meet with auy favor, and was
laid on the table.
After further discussion Councilman Thalman
moved that the Dudley ordinance b taken up
for consideration His motion prevailed, ana
the ordinance Was read second time. mo-
tion to suspsnd the rules and put IL on its pas
sage was. however. lost by the following vote.
Ysas-Darnell, Davis, Elicit. Finch, Casper. Gsul,
Johnston, Long Pearson, Smith, Stuekmcysr. Swim,
Dunn, Hictlin. Kelley, Marksy MeClelland, Parkin.
son. Trussr. 10.
On motion Of Councilman Cumm ings the
MeNsAl ordinance was then taken up and con-
sidersd. After it had been read . second time
Councilman Long moved IN adjournment He
said he believed the couneilmsn desired
g. h. 49, h. fh-uo >p<S ~