The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-04-25

They Were signed Behind Closed Doors II
the Mayors Private Office.

They Were signed Behind Closed Doors in
the Mayors Private Office.
It was nearly half past 5 o'clock when
Judge Elliott, with . big white envelope
in his hand, accompanied by John W..
Murphy, the City Railway C~ompany's new
president, and Henry C.. G.. Balls, Its score
tary. appeared at the courthouse. They
went directly TO the Mayors private Office.
where that official. City Attorney Jones
and the members of the Board Of Public
Works were waiting foy them. The con-
ference behind the closed doors lasted
for nearly an hour. The big envelope con-
tanned q certificate of the c~ompany's in
corporation papers. which was presented
to the city officials and proved to be salts
factory TO them. Next came the discussion
of the bono which the company Is com-
PEELED by the franchise TO give. That and
the reading Of the contract occupied con-
s,derabls time. The supper hour came ana
the street-rallway people went ont to get
il. Is did the city attorney and Messrs. De-
fees and ScherTer, of the board. Mayor
Sullivan and Mr.. Conduit remained in
consultation until their return. which was
at 1880 o'clock All of those present at the
conference spoke of the unanimity of pur-
~ VIM 0l4ohB tAOAis saOAO Oot1e
shey say, no dissensIon on any point.
The bond of $1,000 0, which was offered and
accepted. is as follows. with the names of
she bordsmen:
Know al men by these presents. that we. the
City Railway Company. OF indianapolis, Ind, as
principal, and We. Henry G. q. Balls, Frederick
Fahnley, Henry Wetzel and George "A. Dickson,
as sure1ies; are held hsid And d., firmly aS,a bound unto The
diana. IN the SUM OF one hundred thousand dol
lars for theipayment OF which. well ard truly TO
be made, we hereby jointly and seyerally bind
ourselves. our heirs, executors, administrators
end assigns firmly by these presents. The con-
diti0ns OF this bond are such mat:
Whereas, The above bounden, the City Rail-
way Company did, on the Gath day OF April,
1893. enter into q certain contract with said City
OF indianapolis. by and through It's Board OF
Public works. for the construction, operation
and maintenance OF certain lines or street rail-
way in said city, as IN said contract specifically
Bet forth and mentloned. and.
Whereas, By the terms OF said contract said
The City Railway Company agrees not TO aban-
don said contract. but TO proceed in good faith 10
carry out the undertakings assumed by II, az set
forth IN said contract. and,
Whereas. lie is mutually agreed by and between
said city and said The City Railway Company as
set forth in said contract, that said sum OF $780,
900 shall be liqulGated damages for the failure
ON the part OF said City Railway Company TO
that this obligation is executed under and puS
suant TO the provisions OF said contract, which
reads a. follows. to-wit-
~section SO. Immediately upon the execution
OF this contract BIZ the Board OF Public Works
and the party OF the second part and in con-
sheraton thereof, the partJ or the second part
agrees to execute forth with TO the Board or Pub
lie Works for the benefit OF the said city of In
dianapolis a bond in the sum of one hundred
Thousand t$10o,U0O1 dollars. with good and suf-
ficient surety 10 the satisfaction OF the Board OF
Public Works. conditioned that the party or the
second part viii not abandon this contract. but
will proceed in good faith TO carry out the under
fakings assumed by the said party OF the second
part. And il is hereby mutually agreed by and
between the parties hereto that the said sum TO
40 n n ~ m MD Hnnd = md ahnIl h0 faf
damages for the breach OF the said bond, and
that the said bond shall so specify"
Now. therefore,, IL said The City Railway Com
pany does not abandon said contract. but Will
proceed In good faith TO carry out the undertake
Ings assumed by it. then this obligatian shall be
void; otherwise. TO be in full force aud effect.
Witness our hands this oath day OF April. 1898.
TIE CITY RAILWAY COMPANY.
BY JOHN ". MURPHY, President.
HENRY c. u. Balls, Secretary,
Principals.
HENRY C. G. Balls,
FREDERICK FAuNLEY,
GEoBGE A. DICKSON,
HENRY WErZEL,
sureties.
The contract TO which was affixed the
signatures OF the officials and the street.
railway men Is said by those concerned To
be practically. and with no change. except
here and there IN phrase0l0gy, the fran
chlse which the Board of Public Works
ptfered for competition, which has been
published. and which was accepted by
what is now known as the City Railway
Company. The contract provides that il
shall 60 into effect as soon as passed
by the Coune According. even,
70 the construction placed on
the Citizens c~ompany's charter by the
city attorney. 1t does not expire until
next January. and the city is thus grant
ing rights TO one company when another
already has them. Commissioned Defrees
was asked about this. ana said:
THAT is not our lookout. but theirs.
I,sey are supposed TO look after their own
Interests after they close mp their contract
with us. and TO hold the city free from oil
litigation"
ne said afterward that the new COMPANY
was expected TO subserve itself to any pre-
vious rights OF any other corporation.
Those rights. he said. must be establishe ed
by the Citizens company. and the other
company must act accordingly. The con.
ference in the Mayors office broke M q
few minutes after s o'clock. and those pres.
ent scattered out among the councilman
who were Longing about the corridors.
President Conduit. with q big armful oil
papers, rushed into the office of the board
fDd handed them TO the clerk. They were
tie contract and bond and several copies
of them. He ordered Clerk Parker to de
liver the proper copies to the Council and
TO 6le the others away.
THE FIRST MEETING.