The Indianapolis journal., 1893-05-04

purpose of preventing the construction and op-
Grafton thereof you put single upon the
said segregated track. and moved tho same
irregnIary up and down said track for the
wroagfui purpose OF making it appear that you
Whereas, having abandoned the use Of said
track. whatever rights. II any. you have had TO
use and operate the same were lost and forfeited.
and the pretended reOperation of said track as n
street railway WAS aud Is carried on by you for
the sole aud wrongful purpose OF hindering and
obstructing the undersigned company from com
plying with its contract. and the ordinance aud
requirements of the city as aforesaid And, in
purpose you have. since the max
Ing OF said contract with the un-
dersigned company and the passage of
er parts OF said south line above described
and continue To hold the same wrongfully and
In pursuance or your illegal purpose and policy.
In order that the undersigned company may
perform its contract and construct and operate
electric lines ordered and required as aforesaid.
the said Citizens Street-railroad Company,
J. To take up and remove from Delaware
street. between washington and Market streets,
the said tracks, with any and all material and
property OF any and every kind so by you
wrongfully placed thereon aforesaid. and also
any and oil other further material or prop
erth anywh here In or along said north line. on or
before the hour OF noon on the 18TH or May,
1893, so that the undersigned company may
have the free possession and use OF said streets
ana line for the purpose OF constructing and
operating its said electric crailway line above
described.
2 That you also, ON or before said hour of
noon on the day last Aforesaid. withdraw any
ear or cars from the Pennsylvania street line,
from Washington to Maryland street. and from
thence TO Madison avenue. And also take up
and remove your tracks thereon, and also any
and all other or further materials or property
part of said line, and permit and
allow the undersigned company on said day
Thereafter TO TO enter INTO peaceio ann rigauui oe,
street and said south line upon which TO con-
struct and operate its said electric line as
ordered and required of it as aforesaid.
). This notice will be served upon your presi-
dent. a L. Mason. Esq, for and on behalf or
this company by II. G. G. Balls, secretary. And
you, the said Citizens Street-rairoad
Company, are requested and required within
five days from the receipt OF this communication
dressed to John W. Murphy, ESQ.,. president of
the undersigned company, and TO Immediately
deliver the same to him by means OF special
messenger or the postal service.
l. The neglect. failure or omission on your
part 10 so answer this communication Will be
deemed and construed by the undersigned to be
n refusal on your part to comply with each and
every request and demand herein.
B. And upon yonr failure TO remove the said
fore the noon OF the said 18Th day OF May, 1893,
will be construed as refusal on your part TO re-
move the same. and each and every part piece
aad kind thereof and as an abandonment upon
your part OF said iron rails and materials or your
property upon said streets and lines as above
described wheresOever the same may be.
q. And you are hereby requested and notified
not TO enter upon any portion OF the said lines;
and any further laying OF tracks or other OBJ
structiOn of any kind 40 by you placed In said
streets. on said lines herein, will be held by the
undersigned company as wrongful act or acts on
your part for the wrongful purpose OF OBJ
structing, bindering and delaying the under
signed company in the lawful construction and
operation or its lines OF street railway under the
provisions OF the contract and ordinance as
aforesaid, for the accommodation of the public
and citizens of said city.
z. Further. your possession and acts along
and wrongful in that you have failed TO comply
with the statutes of tho state and the ordinances
OF the city OF Indianapolis prescribing the condi
tions precedent 10 street-car companies entering
upon and taking possession or streets and lines
within said city. and for the same e. reason your ,
is illegal and wrongful.
8. Further. the said Citizens street-railroad
Company has no right to enter upon and take
possession of any portion OF the lines before set
ont Nor any right TO enter upon or operate
street-car line upon any portion of said north
or operate, or maintain street-car system in
the city of indianapolis. Respectfully.
CITY RAILWAY COMPANY,
May 3, 1898. By JoHNW MURPHY, President
There followed Immediately after the
signature of the City company's president
q number of extracts and quotations from
the ordinance and contract by which the
City company expects to operate.
FORGOT TO GIVE ITS ADDRESS.
The communication was all typewritten
on paper which had mo heading. and al the
outset there was nothing to indicate that
the City company had any formal place of
meeting or that it had an Office where it
could be TO und in case the Cirizens' CON-
pany should want TO reply to the documents
which 1t has received. 1t is asked to send
its reply by special messenger to John w.
Murphy. president. but where Mr. Murphy
is IL does not say.
AS soon as Mr.. Balls left the room Mr..
Mason ran hastily over the contents of the
communication. All he had to say about il
was that it would be referred to the CON-
pany's attorneys for their opinion on it.
and not until they had seen and digested it
could be talk about il. Though Mr. Mason
is an attorney himself he said that she was
in the position of client in this case. and
remarked upon the novelty of il. Later IN
the evening he still declined to discuss IL.
will it not be safe to say that 1t will be
ignored by your companyp was asked of
him.
He replied. laughing: 81 don't know but
that the surest way to harass the other
company would be to do Just as they have
asked of u.s.
The fling of this notice by the City CON-
pany is simply formal proceeding. pre-
paratory TO bringing suit against the Citi-
zens' company. and is not done with any
belief that its demand and requests Will be
complied with. Messrs. Miller, Winter tS
ment to-day, and may possibly arrive at .
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