The Indianapolis journal., 1893-05-04
City Company Serves Formal Notice Up
on the Citizens to- Get 0ut of the Way.
Letter Relates Mostly to the New Routes. but
Ends in Asserting That the Old Company
Has No Right 10 Run Cars
Protest Filed with the Board Against
Granting Any Permission.
Waiting for an Answer to the Request Of
Mondsy-Sbippihg Rails Faster
Franchise Accepted.
FORMAL NOTICE SERVED.

FORMAL SEhtED.
CITY Railway Company Requests the Citi-
zens' TO Get Out of It's Way.
The City Railway Company made it's
first move, ss forshadowed in yesterdays
Journal. by serving notice on the Citizens
company to quit and get out of its way.
Secretary II. C. G.. Balls was the man
selected to do 1t. Yesterday afternoon. at
about $50 O'clock. be walked into the office
of President Mason and delivered the mes
sage to him In writing Before Mr. Balls
started from his Office in the courthouse
with the message he stepped to the
telephone, got No. S54 from the
girl at the central Office. and then
asked for Mr. Mason. he then told
him that he was coming 80 that he might
be prepared. Accordingly. q few moments
later he walked into the private sanctum
Of the president of the Citizens company
with aformida BILE looking document grasped
firmly In his hand. He looked like a man
who was expecting TO meet with q shot
gun and an approved breed of bull dog.
but Mr. Mason was all smiles and congeni-
ality. He said. "How are you. old manp
and showed chair forward for him TO sit
fown. Mr. Balls looked relieved at this.
and then handed to Mr.. Mason a communi-
cation which he said was from the City
company. There were few platitudes ex-
changed and the messenger took his de-
parture. The communication was as fol-
lows:
To the Citizens Street Railway Company of the
City of Indianapolis:
First-You are aware that heretofore, to-wit,
on the oath day of April, 1898, under and in
pursuance OF the laws In such case made and
% through it's -" Board ard of Pubic WORKS made and and
entered into q contract with the City Railway
Gompapy corporation u tneIe.enore ,n az anIy da iheoa
whereby said last company became, was and is
authorized 10 construct, extend. operate and
the streets of the said city OF Indianapolis
fully set forth In said contract. the provisions
whereof are well known to you. and IL necessary
for better Information In that behalf, please lind
q copy hereto attached.
second-You are fully advised that after the
way Company and the said city OF indianapolis
referred 10 above the said contract was submit
lawful sessions. ON the 24th and also on
25th days OF April, 1893. by the Board of Public
Works, under and in pursuance of law, for the
tnat said body received the same; after due CON
siderat0n, according to law, did on said days ap-
ty Fawsy 81 companv was tSereby srantod ad tine
rights, privileges and franchises in and under
said contract and agreement set forth. By the
the same should take effect and be In force from
and after its PASSAGE.
Said ordinance was duly eigned by the proper
officers and dd go into force on the 25th day OF
April, 1898. and so remains.
A copy or said ordinance Is hereto attached
this behalf.
ABOUT THE SPECIAL ROUTE.
Third-As appears by a provision found in
Section of the said agreement. set forth as an
exhibit to the first paragraph above, 1t was and
Is provided. The party OF the second part (tho
City Railway Company will be granted the right
20 build line extending from Washington street
TO the city limits, both north and south,
on such streets as may he designated by the
Board of Public Works and approved by ordi-
passed by the Common Council OF said
ton % of said contract. among other things.
"That the City Railway Company shall
complete ana nd have In operation at at
IN this contract to be granted by the Board
OF Public Works and Council as hereinbefore
specified shall be completed and in operation by
Nov. I. 1894, provided, that the Board OF
Public Works shall direct the order in which
said lines shall be completed" In compliance
Board or Public Works did on the lst day of
May, 1898, direct the order In which the lines
speciscslly mentioned in Section to Is,O be- ir.t @
constructed aud completed; that is to say a line
beginning on Washington street north to the
OUT
That after the said Board of Public Works. I'M
der the authority aforesaid. had directed said
line TO be the first In order to be completed by
the City Railway Company. the said order and
direction so made by said Board OF Publio Works
was submitted 10 the Common Council of said
city. in lawful session. for approval. And such
proceedings were had In and by said Common
council In that behalf; that on May 2. 1898. an
approving the designation By the Board of Pub.
INC works Of the city of indianapolis of certain
lines OF railway TO be constructed and operated
by the City Railway COmpany.w
Wherein and whereby the said Common Coun-
Gil did direct. ordain and establish that the
action or the said Board of Public Works in
designating the aforesaid line be, and the same
was. thereby approved. ratified and confirmed.
granted said line the right to the same i'm ac-
e0rGance with the terms, provisions and condi-
lions of the aforesaid contract and ordinance.
effect and be In force from ana after Is passage.
Said ordinance was duly signed by the Mayor
force. A copy OF said ordinance is hereto at
tached for your better Information. Said ordi-
nance and contract have each been duly nc
cepted by the City Railway Company. and il
= has performed each and every obligation on It's
part required as n condition 10 the beginning OF
the work under same.
Fourth-The said CITY RAILWAY Company IA now
ready and desires TO enter upon the per-
formance of the obligations resting upon thunder
the contract and ordinances Aforesaid. and par
tcularly 10 at begin construction OF the
line set out and described in Paragraph above.
and would do so but for the fact that you, the
the order 10 be made by the Board of Public
Works and the confirmation thereof by the Com
mon Council, as above set out in order TO pre-
vent the undersigned company from fulfilling Its
obligations In that behalf and construct
Ing the said line north and south
through the said city, did without
the authority OF law or the permission OF the
city OF Indianapolis, and in violation OF ordi-
nance OF said city OF date the 10th day OF June.
1859. being seneral ordinance No. "a. 1889.
wrongfully and by force. and without authority
or law take possession Of Delaware street he
tween Washington street and Market street
aforesaid. and lay IN and upon said street
uouble line or street RAILWAY tracks In the center
tnereof IN such a way and manner To prevent
the undersigned company from constructing
anu operating Its line on said Delaware street.
And further. you did also take wrongful and
f0rcible possession OF other portions OF the
nortn part OF the said line IN pursuance Of your
wrongful purpose and policy. And said wrong
ful act was done and SAID wrongful acts are be-
lnH Iarther done on your part Tor other pur-
pose than 10 hinder and prevent the under
signed company from occupying said streets ond
building said line from Washington street north
ward
THE PENNSYLYANIA-STREET LINE.
Fifth--At the time OF the making OF said con-
tract aud the passage OF the ordinance OF
confirmation and approval thereof you
were net operating any line OF railway on Penn
eyiyania street, irom Washington street south 10
Madison avenue. Ion had in said Pennsylvania
street. between Washington and south street,
nj one time constructed and operated line OF
street railway by animal power. but long ago
to-wit: about the - day OF -, 1882
you abandoned said street and railway line re-
moved the connections with your system kent
M or car her nd