The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-04-08

Citizens Company Tenders an Acceptance
of the Amendstory Ordinance.
Although thirteen years hav passed since
the City Council passed the amendment to
the ordinance giving the right of way over
certain streets in the city for the purpose
of operating q streot-cs. system. SO that 1t
would read to expire In the year 1901 in
stead of in 1894. the Citizens Street-railway
Company, which owns all rights to that
charter, tried to file an acceptance to 1t
yesterday. The circumstances which led
MP to il are of q somewhat peculiar nature,
and there are not q few of them. At the
time when the amendment was made the
persons then owning the Citizens company
did not make a written acceptance OF 1t.
The matter was allO we'd to run along for
some time. and it came to be an accepted
thing by those interested that, while there
WAS no record of An agreement entered in
TO by the city and the company, yet there
was an implied one. and one which, until q
short time ago, was supposed to Do good In
oil respects.
When the agitation of the expiration of
the Citizons' ~compaDy's charter was
brought mp several months ago by the Of
forts OF other companies TO gain q foothold
III the city, the city attorney was asked TO
render an opinion as TO just how long the
charter of the company now operating all
OF the lines in the city had to
run. That opinion was to the ct.
feet that 1t expired on the 18th
day of next January. and was made on
the point that the amendment which had
been made to the original charter had
never been accepted by the Citizens COM
pany. However. from a legal standpoint
the amendment stood as an act Of the
Council, and as one that had never been
raacinAaG AprOrdInUly Yesterday morn
ing. w. Ii. Latta, the private secretary OF
A. l.. Mason, called at the office of the city
clerk, and rendered u paper for filing. The
clerk WAS not IN. and his deputy, Thomas
Hedian, waited on the caller.
"What is this'" he asked of Mr. Latta.
He was told, and he then said that he did
not see how he could accept 1t. he was
asked il the CITY clerks Office was not the
place for the filing of papers which event
ually would come before the Council. and
he replied that it was.
Then why will you not accept thisf'
asked Mr.. Latta.
and tken said that he should think that .
matter that had run for thirteen years had
been ouIlawed. but that if the clerk him.
self wanted TO accept 1t he could; ne. HIM
self, would nos. MIR. Latta then took his
departure, and did not appear again dur
ing the day. The paper which he presented
for filing was as follows, and was adopted
at tho last meeting Of the directors OF the
Citizens company:
Whereas. On April 2, 1880, at the request of
the Citizens Street-railway Company, and for
the benefit of tile travelling public, it was deemed
desirable that the franchise be extended seven
years, and Ii was accordingly provided by the
Council that the ordinance be amended To read
"thirty-seven years" where IL read thirty
years." and
Whereas, The ordinance having been passed. it
executed bonds, secured by q mortgage upon the
property and franchise or the company, which
bonds we're made 10 fall due at tho expiration OF
fhe francHlsp. and ware nlaeaf lInOn tho marEar
and sold 10 purchasers who bought relying upon
the amended ordinances; and
Whereas, The city and the company treated
the ordinance as valid and binding upon both
parties, ana
Whereas, Afterwards. on April %, 1888, by an
ordinance. the city ratified and approved the
sale then made or all the property. the raIiica-
franchise, and
Whereas. Notwithstanding the ordinance of
April Z, 1850, was valid and was accepted, a
claim l. now being made that the extension ia
not binding because no formal acceptance in
writing was filed by the company,
Now, therefore. still asserting that the amended
ordinance was accepted In law and in fact. ana
Denying ~infirinity III the title 10 the company's
franchise.
BE it resolved by the board or directors, that
the action or the company In accepting the ex-
tension be hereby ratified and the extension OF
said conpany's charter Is hereby formally ao-
cepted.
mr.. Mason was seen later in the day, and
was asked what particular purpose the
company had In hling the acceptance at 90
late . day. He said:
w do not attach any very particular
Importance to this Transaction. We did 10