The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-06-24
TO ENJOIN THE BOARD
ALABAsTA-sTREET PEOPLE SEEK TO
HEAD OFF IMPROVEMENTS.
suit Filed Against the Works Board
Fulford Takes the Stand I'm His
own Defense.

In Room /, Superior Court, yesterday,
Robert w. Long. Clarence ]. Young, Conrad
II. ShelIhouse, Austin B. Gates, Kew
Munter and II. C. G. Balls began suit 10
restrain the Board Of Public Works from
making certain improvements on Alabama
street between Maryland street and Massa-
chusetts avenue. James A. Wildman, An
drew Kramer and Frederick J. Meyer are
named as defendants to the suit. The
plaintiffs show that in January, 1894, the
Board OF Public Works adopted resolu-
ton known as Improvement resolution
No 15." which provided for the improve
ment of Alabama street from the north
curb Of Maryland street TO the southeast
property line of Massachusetts avenue by
grading and paving the roadway TO a
width of sixty feet with the best quality
OF standard Trinidad asphalt street pave
meat Commonly known as Pitch Lake as
phait) and by putting a marginal finish
at street and alley intersections not al
ready improved.
The defendants, ii is alleged, caused no
tice of the resolution TO be published, and
on Feb. u two-thirds of the property
owners, including the plaintiffs. filed with
the board their remonstrance against the
Improvements. The plaintiffs aver that the
demonstrators set up the complaint that
the cost of the improvements would be so
extensive as TO Cypress many Of the prop
srty owners; that the only corporations
prepared TO bid on the work were MEM
bers OF trust or combine. which had Of
Tered TO put down the same work In other
stiles for 500 a square yard, while IT was
proposed TO charge $3.50 in Indianapolis.
The plaintiffs allege that they asked the
board TO modify the resolution and as
substitute for asphalt to put down
the best quality of red cedar blocks,
free from sap, laid upon
porous but heavily rolled. solid sand and
gravel foundation. The plaintiffs say that
the Board Of Works heard the remon-
STRANGE and within sixty days submitted
Council. Pending the consideration OF the
latter body. the plaintiffs aver that they
filed with the Council the memorial setting
forth as ore OF the reasons why the i'm
provement should not be made the fact
that there would be great danger from the
leakage Of gas from high-pressure mains.
They further claim to have called the at
tention OF the Council TO that clause in the
city charter that gives two-thirds or the
provements the right to be heard. They
further reminded the Council that the as
phalt pavement had not been success
body was called to the experience of Wash
ington and st. Louis 1t is averred that
the memorial fully set out the advantages
TO be gained by the Introduction of cedar
pavement. After due elaboration the
Council rejected the ordinance.
II Is then alleged in the complaint that
the Board OF Public Works, disregarding
the action OF the Council, passed during the
present month a resolution which resolved
To improve a part OF Alabama street from
Maryland to Ohio street, the provisions or
the last resolution being similar to those
set out in the first. The defendants have
fixed the date June % for the filing and
final hearing OF remonStrances, and viii,
unless enjoined by the court, confirm the
resolution and advertise for contracts for
the making OF said proposed Improvement.
The complaint alleges that there are To-
Gated in the street at depth OF nve rect
the high-pressure gas mains or natural
gas company. II Is shown that the Joints
OF these mains cannot be made perfectly
tight, there will in the lapse of time occur
leaks and escapement OF gas and that
with the pavement proposed by the Board
of Public Works the gas will necessarily
be forced 70 the edge OF the pavement and
into the house, thereby causing great dan
ger and risk to residents The plaintiffs
claim that such danger will be practically
avoided if the street is improved by
porous pavement. as Is desired by the prop
erty owners. The court Is asked to enjoin
the defendants from confirming the resolu-
ton and from in any manner causing
such improvements to be made.