The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-02-07
FRANCHISE NOW VOID
CITY ATTORNEYS n II THE
BROAD RIPPLE CASE.
Holds that the Franchise Has Ex-
pired by Limitation and Cannot Be
Revived b. Board of Works.

City Attorney Scott yesterday sent to the
Board of Public Works his opinion on the
petitions which have been filed by the
Broad Ripple Rapid Transit Company for a
franchise. The company filed one petition
Dec. ~ asking an extension of the time in
which to complete a line, according to the
ordinance approved April 20. 1891, generally
known as the Bellefontaine-street route.
Again, on JAM. II, of this year. an amended
petition was filed changing the route by
which the company proposes to enter the
city. OF these two petitions Mr.. Scott says:
L am of the opinion. from the facts pre-
scented by said petitions. and other matters
appearing Of record in your department, that
the rights and privileges granted to said
company by the city under the contract of
April Is, 1891, approved by ordinance April
20, 1891, have been forfeited, and that your
board now has no power, under said con-
tract. to extend the time for the completion
OF said company's lines within the city.
That if 1t is deemed advisable to permit
said company to construct and operate a
line of electric street railway extending from
the corporation line upon the north over any
one OF the street routes designated in said
petitions, or upon any other route selected
by you, you should proceed to make a new
contract with said company, submitting the
same to the Common Council for approval,
as provided in Section SO of the charter, de-
.AAfii6 NhC POWCIo dio Ol yOQI
in the following terms: To authorize and
empower by contract . = street-car or
or public place in such city, and to erect
necessary structures therein, and to pre-
scribe the terms and conditions of such use,
to fix by contract the prices to be charged
to patrons. Provided, that such contract
shall in all cases be submitted by said board
to the Council of such city, and approved by
them by ordinance before the same shall
take effect
Under the foregoing provisions no mere
n tjno n r h rrnxrnr ~ n;1 L.
your board would be effective. If it is
deemed advisable to enter into a contract
annou ,e to said company, with the reser-
walton that there shall be incorporated into
the contract to be prepared by you such
terms and conditions as may be required by
you. whether set forth in said petition or
not.
You have power to designate the route
you will grant by such contract, subject to
the limitations hereinafter stated. L would
not advise the granting. of a route in whole
or IN part now occupied by the Citizens
lines.
pied and used by said company, I do not
think said company can make any claim
which you need consider.
Il advise admitting any street now so oc-
cupied by said company, not because Of any
admitted right upon the part of said COM
pany to continue such occupancy, but be-
cause the existence of such right is involved
in LITIGATION now pending.
1t is not deemed necessary at this time
ANY IA DIS u
whether the City Railway Company has or
has not vested rights in any of the streets
company and the city of date April "a. 1888,
including the streets known as the north
and-south lines, designated by the board and
Council as per ordinance approved May,
1893; however, as said company is now en-
gagged in litigation with the Citizens Street
railroad Company, and the question as to
whether it has such rights is In some de-
gree involved in said litigation, I am of the
opinion that. in any grant of said Broad
R1nnta A1rl sit snD,n ptr phtaI -
made by the city, which includes any of the
street rights in which the city has previous
Company, it should be expressly thenreii9g
provided that such grant is subject to all
the rights in such streets, or parts of
streets, held or owned by said City Railway
Company, if any, with a covenant upon the
part Of said Broad Ripple company that
whenever it shall be a%djudged by any court
OF competent jurisdiction that said City
Hallway Company holds or owns any such
tisht in such streets. or parts of streets,
pnQer said contract and ordinance approving
the same and designating lines, that said
Broad Ripple company shall Immediately
the possession of said streets or parts of
streets and yacate the same, removing all
tracks, switches, turnouts, structures. etc,
which 1t may have placed therein, unless it
shall ~thereupon be otherwise agreed upon
by and between said two companies, and
such. agreement approved by the Board OF
Public Works and Common Council by or
l.. c. Walker and w. l.. Taylor. ATTORNEYS
for the Broad Ripple company. appeared be-
fore the board and renewed their petitions
had been selected with the desire not to in
terfere with the route of any other com
pany. They repeated their claims set forth
IN their appearance before the old board.
The route asked is on Pennsylvania street,
from the north corporation line to Seven
teenth street, thence east to Delaware
street, thence south to Fifteenth street,
thence east to Bellefontaine and south on
Bellefontaine to Home avenue, thence west
|. to Ash street and south fn Cherry fhopaa
west to East. thence south on East to Ohio.
and west on Ohio to New Jersey, thence
south to Market, thence west to Alabama
and south on Alabama to Washington.
The members of the board went over the
route yesterday afternoon. The attorneys
of the company concur in the decision of
Mr.. Scott upon the situation. but differ with
him regarding the expiration of the old
charter. They believe the board has the au-
thority 70 grant a new franchise.