The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-05-27
CITY TAKES A HAND
SECURES INJUNCTION AGAINST
sTREET-RAILRoAD COMPANY.
Court Stops Work on the Cornell
Avenue L~ine-city Wants Repairs
Made-Nr. Mason's Statement.

AAatAEA1 -C-tcLAi- dLtElAlAOn NAtA J4lSC
Brown, OF the Circuit Court. issued a tenn
porary restraining order preventing the COM
pany from proceeding with the construction
Of the Cornell avenue and BelIefontaine street
line. on which work was begun yesterday
morning. The order was ISSUED en- complain.
OF the city. and the papers we're served on
the company yesterday afternoon about 5
o'clock.
There had evidently been some anticipation
OF a little friction in the laying OF this line,
for the notice that he work would 5e done
was not given TO the city until late M3n5ay
night. when George Bruce. the company's
claim agent, served a notice on President
Downing, OF the Board OF Works, OF the
company's intention. Work was 10 begin
yesterday morning. The large force of men
employed and placed at work at once. with
out having made any public notice, shows
considerable preparation. The force OF men
was SO large that before the day was much
more than half gone the company had COM
pieted one square OF the track and was push
ing the work rapidly.
When Mr.. Downing was notified Of the pro-
posed action OF the company ne called I'D
Mayor Taggart by telephone and advised
him Of the situation. 1t was decided to call
a special melting Of the Board OF Works. and
NAAO AAC(NAA6 a LAClQr
with City Attorney Curtis and his assistant,
Mr.. Bell. and John w. Kern present, to ad-
wise what course to pursue. Mayor Taggart
stated that the action OF the company in at
tempting to lay this track was in direct op-
position TO the statements recently made
when the city asked that certain tracks be
raised or lowered 50 as to make them con-
form 10 the grade OF the streets. At that
TINE the company claimed that the work
would cost Sd mucl tina. 1t would be i'm
possible to do IL, and asked tina only one
nalf OF the changes be ordered this year. and
one-half next year. This matter is still under
consideration by the Board OF Works. Mr..
Taggart said that he did not deem 1t Just TO
the city tina. the street car company should
be allowed TO spend 100000 for improve
menta. or rather extensions. which were
naos apparently for the purpose OF closing
Up one or the sections Of the city in witch
the City company wants to build a line,
spending this money solely for its own bene-
dered to make certain changes, which II is
In the power OF the city to order, and which
are as paddy needed as those ordered happen
10 settle this matter. and test The right OF
Ile company 10 arbitrarily take possession of
the streets or tie city and refuse to do any
the time.
The attorneys present said that their i'm
preston without any closer study of the
question than the short time had permitted.
was that an injunction would stand under the
circumstances and that the company could
Dc compelled to place its present tracks in
the condition required by the laws, and it's
franchise. before being allowed to expend
money Tor extensions. The attorneys were
injunction. which was done and Judge Brown
ISSUED a temporary restraining order yester-
day afternoon. The complaint is az follows:
Judge Brown was too busy yesterday TO
SET a date for the argument on the petition.
the attorneys for the city and the company
Will appear before him to-day and ne viii
PRESIDENT MAsoN's VIEWS.
President Mason, of the street-car COM
pany. was seen last night and asked for
an expression of his side of the case. He
said:
Il have just been served with an order re-
straining the Citizens Company from con-
structing the Bellefontaine-street line. am
w very S9frTr gsr for this; as there has been a
by this proposed line. and the people have
made strenuous demands for street-car facil-
ties The owners Of the Citizens company
fe-t that IL was their duty as soon as they
were able TO comply with this demand and
build the Bellefontaine-street line notwith-
standing the fact that the company and the
city are hopelessly involved in litigation.
w Will, or course, obey the Injunction
while II lasts Had net this obstacle inter-
vened there would have been a line In opera
ton shortly as far north as Twenty-second
street. We were proposing 10 build mis- line
without requesting any concessions from the
city ard without waiting TO adjust our legal
complications. II has been the constant pol
ley OF the company since my connection with
u c 20 meet the PUBLIC demands Tor street-car
power. The earnings of the property are
being continually reinyested in extending the
street-raiiroad facilities Of the city, not a
dollar Of dividend having been paid TO the
stockholders since the year lSsz.
1t mas been a question as to what should
be the true route OF the Northumberland
line. Originally we contemplated building a
double track on Bellefontaine street. The
present route was suggested by Mr. Moore,
or the Atlas engine works. His suggestion.
however, did not contemplate q line as far
north as Twenty-sccond street. 1t was also
suggested that the new settlement Of the
northeast part OF the city could be reached
by an extension OF the College-avenue line.
This would be much less expensive TO the
street-railroad company: However. after
consultations with many citizens interested
in the locality, we reached the conclusion
that the true route consisted in a single
ncrth-bound track by Cornell venue and its
connections TO Twenty-seccnd street, with a
return track on the first street east CT this.
Ine wonderful growth In the northeast part
way TO provide not only for the present but
for the future street-railroad facilities CT
this region.
THE company, Of course, will assert, and
l suppose maintain, its right 10 construct the
Bellefontaine-street line.
me lullmdtlOn III tile evening papers that
we had failed to do our duty in raising onr
tracks on Illinois street below New York
street and on East Washington street Is un-
Just. We intend to raise cur tracks and 10
DO the work promptly. Instead OF using the
I old light rails we VIII put in the heavy steel
rail. so as to make G fire street. The SEEM
ing delay on the part OF the company has
not been caused by any intention to disre-
gard its duty. II takes time to get material
here, but the contract fer the work has been
let and the work will be carried forward
with reasonable promptness. The only UNI
decided question has been whether we should
replace bcwlders and asphalt, which we dis
turb In raising the tracks, or should brick
our right of way. This question has not yet
been finally decided, as / have been unable
10 get prices from the asphalt companies as
yet, so as TO make a comparison OF the cost.
The company, however. has been and Is now
acting in perfect good faith and doing its
best 10 accommodate the public, notwith-
standing the pending litigation, which in
wolves the right of the company 10 occupy
any CT the streets Of the city.
Il am extremely sorry that this litigation
may indefinitely delay the work OF giving
the citizens OF the northeast part Of the city
the street-car facilities 10 which they are en-
tilted"
THE CITY'S PETITION.
1.-The plaintiff. the city CT indianapolis, a
municipal corporation existing under and by
| --f~s,,o Of On oof 80 the Co-o~.. A-.o~oAt-