The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-23
OTHERS KNOCKING
Her Gamblers Cause Her Too Much
WOrry-Dr. Maxwell, New Health
Board Member.

Tn annexation of North Indianapolis by
the Council Wednesday night has brought
out several perplexing legal problems. To
go to the beginning, Judge Brown decided
some time ago that the city could not
legally annex unincorporated property I'M
der the charter as it then stood, because
the right to demonstrate against such
action was denied all persons who owned
property affected, but who did not reside
In the annexed district. This he held to
be contrary to the fourteenth amendment
to the Constitution of the United States,
which guarantees to all persons the right
to protest against unjust taxation or other
burdens. To remedy this, the Legislature
granted all property owners affected the
right to demonstrate. This amendment to
the charter became a law without the
Governors signature last Saturday night.
An annexation ordinance cannot be passed
the same day 1t is introduced, so that last
tuesday was the earliest day at which
an ordinance annexing properly under the
amendment could nave been passed, but
even then 1t would not give time to pub
lish IT for two weeks before the. first Mon
day in April, at which time it would have
to be effective to allow the annexed prop
erty to be placed on the city tax lists for
this year, unless the opinion advanced
by Mayor Denny is found to be law.
He says he has not thoroughly studied
the question of the time of taking effect
of an annexation ordinance, but is inclined
to think that for the purpose of all things,
except the extending of the scope Of the
old city ordinances to the suburb, it would
be in effect from it's passage and approval
by the Mayor. The annexation brings the
new territory under the ordinances which
are in force in this city at the present time,
and as many of them are penaf ordinances
they cannot be effective upon the new COM
munity until due notice has been given
by publication. The Mayor thinks that for
other purposes which do not require the
notice, the annexation would be effective
from the time of the approval of the or
some fine law points. and Mayor Denny
would not say absolutely that such would
DC his opinion in the future; but that it
was now his opinion after what little con-
sideration he had given the subject.
Councilman Drew has an ordinance in
his possession which he has been holding
since the decision of Judge Brown in re-
gard to the former provision of the city
vides for the annexation of a section OF
land bounded by a line beginning at the
present corporation line on Rural street and
the light of way to the Belt railroad, north
along the line of the Belt railroad to Mich
igan street, and west on Michigan street
to the present corporation line on Rural
street. This territory includes a tract of
land which is all plated and contains a
large number of dwelling houses. 1t is
equal in size TO about thirty squares the
size OF the down town blocks, or a little
over a quarter of a square mile. This
ordinance was introduced a short time be-
fore Judge Browns decision, but was held
by the committe until the law could be
amended so the annexation could be legally
made, 1t will probably be called up and
passed at the next meeting of the Council.
West indianapolis is getting tired of its
present government and wants to find
some way to get rid of it's gambling houses.
The good citizens over the river are look
ing with longing eyes toward the power
welded by Superintendent Powell and
wishing for its extension TO that suburb.
Mayor Denny was informed yesterday that
a petition was being circulated asking the
city to take in West Indianapolis. His
informant said the people were great adj
mirers of the way business was managed
in this city under the new charter and for
business reasons desired to become a part
of the Hoosier capital. 1t is not simply on
account of public business, but for the adj
vantage of citizens private interests. The
suburb has much more unfavorable terms
from the natural gas companies than this
city has and the annexation would place
the suburb under the regulations of the
city ordinances.