The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-05-03
II Will Make Formal Demand on the
Citizens to Vacate Those Routes.
This Will Be Followed by Mandatory In
junction Suit and Another to Test the
Old Charters Length Of Life.
Old Company Pursuing Its Track-Lay-
ing Work with Continued Energy.
Mayor Signs the Route 0rdinance-Request
TO Cut Into the Paved Streets-Bailey
Got That Information.
WILL BRING AN INJUNCTION SUIT.

WILL BRING AN INJUNCTION SUIT.
City Company Will Make n Formal Demand
on the Old Company To-Day.
No action was taken yesterday by the
City Railway Company in regard TO the
streets which the Citizens company has
pre-empted for It. The officials of the for
mer company seemed to be in an apathetic
mood. and when the aggressiveness of the
other company was thrown mp to them they
said that they did not propose to do their
work in the middle of the night. All of
yesterday attorneys Elliott and Harris
were In consultation over the legal phase
of the situation presented by the city grant
ing the company the right TO lay its tracks
on the same streets on which the Citizens
company Is already building. and by the
Citizens company hastily taking posses
sion OF such streets as were granted the
City company By the city before the ordl-
nance had become valid.
CITY CoMPAEY's INTENTIONS.
A gentleman connected with the City
Railway Company was seen last night and
asked what that company proposed to do
now that the Citizens company had pre-
empted the routes granted the City COM
pany by the Council. He was asked If his
company would begin suit to GUST the Citi-
Eens from the routes.
I'VE will" he replied. bring suit just
soon as il is possible to prepare the plead
ings. 1t il necessary before bringing the
suit. however, to make demand upon the
Citizens company for what we would sue
for, and upon their refusal to comply, bring
tho suit. This demand will be made to-
morrow. Attorneys Harris and Elliott
busy q considerable portion of their
time to-day formulating q written demand
Is served upon them the suit will be filed"
What will be the nature OF the suit!
VI cannot say as to that now. 1t will
probably be mandatory Injunction suit to
ceeding further with the work. and TO
compel them to undo what they have al
ready done. That was one of the questions
being considered by the attorneys to-day
in formulating their demand"
Then the City company will endeavOr
In good faith 10 secure possession of the
ronte granted them by tine CouncilP'
1T Will IL must do IL. 1t Is bound TO
There Is no escape for il from it if 1t
wished to escape. It will use all diligence
10 secure possession of the route and con-
struct line upon 1t with all the speed
possible"
The reporter suggested that inasmuch as
the Citizens company had started work
upon the line with great hurrah and the
City company seemed to be doing nothing.
the public might be inclined to believe
that nothing would be done.
"The City company" said the gentle
man. will act advisedly in all that
It does. We think that our legal
Judge Elliott is especially well posted
on the matters concerning streets and
franchises. He has had the questions
presented to him on the bench. and has
-se L. -
doubtedly studied it thoroughly. The Cit
izens' company is undoubtedly depending
upon the Dudley decision to support Its
theory. that. having entered upon the route
against us. The Dudley decision will not
support the Citizens people In this theory.
That decision was that the entry must be
In good filth. They surely cannot contend
lynne wears they enter upon the route. at
midnight with force of men
hid in alleys and by-ways. to
bead-of any attempt of the City
This has been their course all through the
various phases of the question since the
City company appeared upon the scene.
They have sought to learn our plans nnd
then take steps to head US off, We recog-
nize that our business 10 of q auasi-pu blic
nature anu the pnblic are interested and
have right TO know what to expect from
as. We can only refer TO our contract
with the city. by which we are COM
PEELED TO proceed in good faith. There
is no way out of il for us If we
wished out. We must 90 ahead and fight
this question to an end. The Citizens
company recognizes that we are com PEELED
10 and mean TO fight. else why do they en-
pioy hundreds of men. night and day wait
Ing for IN IDkling of our purpose, so that
they can checkmate usf We cannot alve
the details of our plans as they are formu-
lated for this reason. We are compelled TO
proceed with caution"
H as the City company any material on
hand at the present time with which to be-
gin work on the line granted it by the
Councilf" the reporter asked.
No. III has no material on hand now;
Dut we are negotiating for it. and will have
tt on hand in time for use within the time
allowed by the ordinance
In general conversation upon the tonic
the gentleman said that the company in
tended TO comply fully with It's contract
ana was acting In good faith and If it's
promoters seemed to be proceeding a lit
tie slowly it was simply because they
recognized that they had undertaken a
thing which meant liriga ton and desired
10 he prepared TO meet their opponent we'll
equipped for this litigation. There would
be at least two suits, he said, the one for
the possession of the north and south route
granted by the Council. which they were
compelled TO have IN operation within six
months. and another suit to test the vail.
dity OF the Citizens company's claim that
Its franchise docs not end till 1901
OFFICERS DECLINE TO TALK.
judge Elliott was asked what his com.
psny intended dong. to which he replied
with the same enIgmaticaI smile that has
always been his when approached on the
subject. saying: Mr.. Harris and myself
are considering the legal points In the case,