The Indianapolis journal., 1890-12-11
THEY ASK FOR MORE TINE
A Conditional Acceptance Only of the
) Virginia Avenue Viaduct Ordinance.
Union Railway Directors Say They Will Not
Put Up the Structure in the Time Origin
ally. .Speciied-Chance for Litigation.

The directors of the Union Railway Conn.,
pany filed with the city clerk yesterday
their written acceptance of the Virginia
avenue viaduct ordinance, subject to ceT-
tain conditions. The meeting of the rail
road officials began at 10 o'clock in the
morning. with the following present: Pres
ident Ingalls,, of the Big Four, and his as
sistant. Joseph Ramsey, jr.; President Nc
Keen, of the Vandalia; General Superin-
tendent Nelson, representing President
Wood, of the Cincinnati. Hamilton & Day.
ton. and Vice-president McCrea, of the
western division of the Pennsylvania sys-
tenn. The morning was taken Ut
with the transaction of such busl-
ness as was necessary to come be-
fore the board of directors at
this session, and the discussion of
the viaduct matter was deferred until after
dinner. The ordinance was carefully con-
sidered in every particular, and no oppOsi-
tion was made to its provisions except IN
regard TO the date of completion. This, lt
was decided, should be Jan. !. 1892. instead
of Oct. L. 1891.
The ordinance, as accepted, is practically
q substitute for the one authorizing the
construction of aviaduct on the alley east OF
Meridian street. According to it the Union
Railway Company is to agree, at It's own
expense and without any cost or expense to
the city, to build Couble-truss viaduct
and approaches on Virginia avenue, be-
tween Maryland and Louisiana streets.
over and across the railroad tracks lying
and to be laid on the north and south sides
of Pogue's run.
The Union Railway Company is to in-
demnify the city against all damages that
may be claimed either from the closing OF
A kl,L 4 <ha I,ox, af ho
Merldian-street site, and agrees to induce
the Big Four company to take mp its tracks
on Louisiana street, and failure TO do this
by the time the viaduct is completed will
authorize the city to do the work at the
Big Four colnpany's expense. The Ordi-
nance also provides that after 1t has been
accepted and che plans and specifications
agreed upon, work is to be begun within
sixty days. and the structure is to be COM
pleted by Oct. l. 1891. In the event the
company shall fail to abide by it's contract,
it is to pay $4,000 to the city as iquidated
damages.
A reporter met Vice-president James Nc
Crea. of the Pennsylvania lines. at the
Denison last night, and in few minutes
conversation he explained the feeling
among the directors in regard to the ordi-
nance. ''It is very fair" he said, except
In one particular. We do not object to the
terms of the contract only SO far as they
seek to compel us to pay damages to the
city if we fail to have the viaduct COM
pleted by Oct. l. next"
What cause for delay do you expectp
asked the reporter.
I'VE cannot tell at present We might
possibly become involved In litigation, for
instance, that would delay our work for
time, and yet it would not be within our
to change mattsrs the only 6h,1s ag
the city. We ask to have the time for
completion extended to JAN. /. 1892, and
have accepted the ordinance on that condi-
ton"
I'm case the city refuses to grant the ex-
tension, will the Union Railway Company
accept the ordinance as it now stands?"
mo; we will not. We must have the ex-
tension or we cannot accept the ordinances"
The whole matter rs now back In the
dermen desire TO consider the right of ac-
ceptance on the railroad company's part as :
forfeited. inasmuch as an unconditional
written acceptance was not filed. the Viz
ped and the structure on the alley east CT
Meridian street will be put mp. Ii they ac-
cept the company's proposition, the Me-
ridian street contract will thereby be re-
two members of Council that the railroad
company filed conditional accept
ance of the ordinance. for the sole
purpose of causing further delay.
ct may be- said one last night, that if
Council accepts the cOmpany's propositson
the latter will refuse to commence the
work on the ground that it did not file an
unconditional acceptance of the ordinance.
The case would then 60 into the courts OH
this technlcality, and the litigation mi ght
require year or more before a final decis-
lou could be reached
The general opinion, however, is that the
Union Railway Company makes its PROPOSE
tiOn In good faith, and it is not probable
that much opposition will be made in Coun-
Gil to the extension of time asked for.
Exchange OF Railroad Property.
Yesterday President ingalls,, his assistant, JO-
seph Ramsey, and'General Manager Greene. of
the Big Four system. with Eugene Zimmerman
vice-president, and Charles Nelson, general
perintendent, of the Cincinnati, Hamilton &
Dayton, had an extended conference regarding
an exchange of properties east of Virginia ave-
nue.. The Big Four proposed to give the c., III.
& ID. its two freight depOts, the ground they
stand on and yards thereabOuts for the property
which the c., III. & ID. owns between Virginia
avenue and Noble street. south of Pogue's run.
Thee, III. n ID. would secure more ground than
the Big Four by the exchange and have better
location for freight depot. The officers of that
company expressed Willingness to close the
deal providing narrow strip of ground south Of
Pogue's run and east of East street was not IN
cluded. The Big Four people said that they
would rather not have that reserved, but should
the c.. III. IL ID. insist they were willing to have
l.s..sN sd