The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-05-03
The CI.Y's ATTITUDE.

Action of the Authorities Denounced as an
Attempt to Evsde N Contract.
To the Ealitor OF the Indianapolis Journal:
The citizen is made a participant In tho
public acts and policies by the action of
the public bodies which represent him. If
any were needed. this may be the apology
for frank discussion of the condition in
which the city is placed respecting the
street.car companies. A plain statement
of this is. perhaps. the best criticism.
A year or two ago the courts held. and
the public readily ncquiesced in the opin-
ion, that the Citizens Street-car Company
had q right to occupy any or all the streets
of the city with its lines. The public,
without dissent, recognizes the fact that
such right still exists and VIII for many
months. OF least-pOssibly for several
years. That 1T exists now is enough to
the point of this statement While that
was known TO I've true. the city agrees upon
q new street-car charter, and offers it TO
the best bidder. That IL had right to do,
assuming that the present occupying COM
pany, with It's universally recognized
rights. would be willing TO waive the re-
mainder of the term under its old charter,
put an end TO the uncertainty. and open
the way for a long tenure, JustifyinR large
expenditure in improvements. That pur-
u,
practical test of the plan adopted. IN a
public offer of q nos charter. with It's bet
ter limitations on the ono hanG. and in-
dncements of a long period OF settle
ment and peace on the other.
Bnt tho moment it was found that
the Citizens company were satisfied
with the existing contract. and preferred
to abide by il while 1t existed, the time
came to stop so far rs the city was con-
cerned. The mistake made was that 1t did
. 1.aw ,E nhnr TOR IN
into effect at once, In the face OF the presen c
rights of occupancy. The burden of
selecting the streets for the new company
already contracted away to another. the
city assumed. To make possible an oppor-
tunity of carrying ont Its agreement with
the new company, it's public bodies are
driven into secret sessions. and their acts
in behalf of the public kept from the
knowledge of the puOic. To oonsummate
the last act of bad faith toward the party
or company with which it has contract as
sacred as any contract, It's public bodies
seek the hours of night in which to evade
1t. Ii the company. standing upon it's con-
tract, with repeated notice that it Is 10 be
beaten by fraud under cover of night, Is
alert and shows its power to maintain it's
rights by occupancy. even taking the cover
of the same night In which IL is threatened.
who shall protest7
There is not citizen of Indianapolis
who would not insist on his rights under
such q contract. If he believed that it was
his interest to do SO. That the terms
of the new charter are of large and
valuable advantage to the city ana every
citizen will not be disputed. But this fact
and the desire to begin receiving millions
of income under a new contract is as moth
ing in justitic alton of the attempt to evnde
Oh existing one. IL is far worse than moth
ing. Up to the point of inviting an end to
controversies. in consideration of fair in
come to tho city for tho use of Its streets on
the one hand, and n long tenure TO them on
the other. the city acted wisely and had a
right to do so. But when the other party
10 the contract declines TO waive it's ri gifts
and become competitive bidder under q
new contract the city had reached the
limit of its rightful Authority.
Neither tho discovery that at
some time In the past the city had made on
Improbable contract. nor night nor might
will now make right. The very fact that
the attempt TO evade contract requires
secrecy and night are confession of the
wrong. No right thing requires such pro-
ceeding or such hours. The law makes Ii
possibl to accomplish all rightfnl things
in business hours. But it is not unusual OF
wrong to detect and defeat fraud and main.
tain property rights under nightfall.
JOHN Ii. CONNER.
TNnrANApoIys Nav