The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-12-17
President Shaffer Sends a Request to Council
to Have the Ordinance Withdrawn-He
Will Rest on the Old Charter.
But a Special Committee Thereon Is Al
lowed to SubmitIt Adverse Report.
The Company Granted the Privilege of Using
Electricity Under Its Present Franchise
Excellent Financial Showing.

o'clock, Mayor Denny called them to order
for the last time. The roll had hardly
been called when Councilman Hicklin
moved a suspension of the rules in order
to take up the question of extending the
street-railroad franchise. Before the report
of the special committee thereon was pre-
lowing letter:
Isaac Thalman, Esq, City:
Dear sir-On Monday evening. Dec. 2, you
were kind enough to introduce to the Common
Council an ordinance amending the Citizens
city, and granting to the said company certain
privileges and rights on condition that 1t would
perform certain obligations named in the Ordi-
nance. The proposition has not been received
with favor by the public press, and as L learn
from you that your committee Is also averse to
reporting favorably on the same, Will you be
kind enough to withdraw the proposition. and
make no report upon the samei 1t is the earn
est desire OF the Citizens company TO give TO the
city the best service it can possibly afford. II
would gladly bear its portion Of the street i'm
provements and expend any requisite amount OF
zens, but 1t cannot afford to do this under the
terms of the present franchise As far as this
company is concerned. IL Is willing to continue
operating its cars under its present system until
its franchise may expire. Thanking you for the
Very truly yours. J.C. SKATER.
In order to get the matter out of the
hands of the present Council Councilman
Cummings moved to give the special com
mittee further time. but this method of
c.spUcinIS an - swain SSs no' thought sRptoy Mr..
Shaffer could not, by a letter, strike the
ordinance from the files. Councilman Thai
man held that the request should be granted
as a matter of courtesy, for the company's
proposition is strictly a business one. The
present Council has rejected it, however,
and this would leave it for the incoming
body. Councilman Darnell moved that the
----.& @E III ha ma. 80 nm
motion of Councilman Cummings, was re-
ceived and adopted. The report read as
follows:
Your special committee. with the city at
torney, to whom was referred general ordinance
No. go, 1889, amendatory Of and supplemental
TO the general street-railway ordinance, report
that we have carefully considered said ordinance,
and have listened TO statements from the street
railway officials and from citizens, and we find
that said ordinance is imperfect and incomplete,
and by 1t public interests are not protected as
they should be.
First 1T proposes to give the right for thirty
five years TO use animal. electric or cable power,
or the Judson motor or any other power, except
steam, that IL desires to use on the streets of the
city, and this covers all of the streets
that shall hereafter be laid out during
said thirty-five years; but 1t provides that the
company shang may yr oSe t tin,s or or t an OF fr s@cn nn me TN shs
other as public travel may Justify or require"
This does not guarantee rapid. transit, but per
mits the company to use any kind of power it
may see DIT, including animal.
seeond--It provides that said company shall
have In operation fifteen Q5) miles Of electric
track. which means seven ca miles of double
track. within one year from the passage of the
ordinance. Under the terms of the ordinance
this Is all that need be laid for thirty-five years,
and this track may be laid to Crown Hill, Bright
wood or Iryington.
said company can never be required TO pay for
any street Improvement. All that can be re-
quired Of said Company is to lay eight ts) feet of
90 feet for each double track where the balance
of the street is paved. Furthermore, said ordi-
never be required q second time on any one
street. The result would be that on q street that
is builded with granite or asphalt there would be-
sixteen feet of cobble stone in the center of the
street where there is a double track and eight
feet where there is a single track.
ordinance for a transfer system. The present
charter does not provide for it; 1t provides that
cents for each passenger. In this we believe the
ordinance Is 4 fatally defective. 1t is but a reason
able provision that a company that has q prac.
teal monopoly of all the streets of the city and
operates all the streetrailway lines that are op-
Grated in the city should be required to give one
who go to the center of the city this provision is
not of very great Importance; but to the very
large class of laboring men who go from one ex-
treme of the city to the other the transfer system
Is absolutely Indispensable.
Fifth-The ordinance provides for an annual
tax of $25 on each car that Is operated by said
company. We are decidedly opposed to this
provision. In the first place, the total revenue
a tse city; in the second miq place the tendency ten @UWe Would ID
be to lessen the number of cars run; besides, If
this amount Is now fair to the company, in twen-
city. The rapid growth of the city viii con-
stantly render a franchise more valuable. and
the company will be to exact a certain per cent.
of the gross receipts, and not impose a tax upon
ears. Therefore your committee recommend
that said ordinance be not passed. We recon-
mend that when an ordinance Is passed it
shall contain, substantially. the following pro-
First-That the company shall pay for or i'm
prove the street for a width OF nine 90 feet for q
single track and eighteen us) feet for a double
track with the same kind of improvement as is
laid on the balance of the street, and to make
this Improvement as often as the balance OF the
allowing the company to use powders between
the rails OF each separate track where animal
mower is used. but not between the separate
tracks nor on the outside of the same.
second-Provide for a transfer system.
~Third-Exact a certain per cent. of the gross
receipts. and not provide for a tax upon cars.
Fourth-If the charter term is extended then
provide that these requirements shall go into
Recently, however, Judge Taylor, of the SUI
perior Court, has decided that there Is no law in
this State providing for the formation OF either
cable or electric street railroad companies to
build or operate either cable or electric roads
upon the streets of the cities in this state. The
case Involving this question will shortly be in
the Supreme Court. and wiz probably he speed
iy decided, and until this Question is decided by
me supreme Court we think that no electric or
cable franchise should be granted.
The original ordinance was then placed
upon its second reading in order to lay it
open to amendment. Mayor Denny offered
an amendment which. in effect. would
Civ the company the right to use animal
or electric power for the balance of its IN
expired charter. Several other changes
followed. among which wasone by Council
man swain. providing that all poles be
placed III the center of the streets. Council
man Casper offered an amendment that the
city should be indemnified for all dam
ages resulting from the operation of the
road. and Councilman Hickiin likewise
wanted a provision inserted that would
compel a commencement of work within
ninety days after passage of the ordinance,
and a construction of at least five miles
of electric road during 1890. All of the
amendments were passed. The original
ordinance was then taken up, Councilmen
Pearson, Thalman. ~Stuckmeyer and others
opposing a hasty disposition of IL because
of its incomplete construction. 1t was
passed by the following vote: Yeas-Coun-
cilmen Coy. Darnell. Dunn. Elliott. Finch,
Casper, Hicklin. Johnston, Markey. Nc
Clelland- OConpor. Smito. swain. Trusler,
Wilson-I5 Nays-Councilmen Burns, Cum
mings. Davis. Gaul. Kelly, Long. Parkin-
son, Pearson. Stuckmeyer, Thalman-10.
A Financial Showing.
The report of the finance committee was
presented by its chairman. Isaac ThaIman.
"a fellows.