The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-03
CITY COMPANY A PARTY
AMENDED COMPLAINT IN STREET.
CAR CASE At NOBLEsVILLE.
Hearing Will Probably Come Up at
the Present Term of Court in
Hamilton County.

City Attorney Kern went TO Noblesville
yesterday to file an amendatory and supple
mental complaint in the street-car litiga-
ton. Some years ago John NJ. Butler
brought suit TO Gust the Citizens Street
railroad Company from the occupancy or
the streets. The amended complaint filed
yesterday makes the City Railway Company
a party to the suit.
The amended complaint is in twelve para
graphs. The first eight paragraphs briefly
relate the history of the Citizens Street
railroad Company, from the time fran
chise was granted to the Citizens Street.
railway Company down to the transfer OF
its franchise to the Citizens Street-railroad
Company Ghe present corporation) and Its
approval by the Council in April, 1883. Ref
erence is also made to the ordinance of the
Council extending the original franchise
granted the Citizens Street-railway Com
pany to Jan. Is, 1901. 1t is alleged that the
lines have been extended by the defendant
and it's predecessor until they now occupy
most of the streets of the city and are pat
roniZed by fifty thousand citizens daily,
each of whom pays IS cents for each single
trip" 1t is alleged that the original corpo-
ration was and is, if still in existence, citi-
zen Of the State of Indiana. This is done to
give the state courts jurisdiction. Begin
ming at Paragraph 9. the complaint reads:
-. That the right of privilege or fran
chise to use and occupy the streets of
said city so used and occupied by the
said Citizens Street-railroad Company is
very valuable to wit of the value of $l50,0OO
per annum, when based on rate of fare
of 8 cents for each passenger for each trip.
with right of transfer.
THE PERPEUITY CLAIM.
10. That, Notwithstanding the fact that
by the laws of Indiana the Common
Council and Board of Public Works of plain
tiff have exclusive jurisdiction and powers
over the streets, alleys, highways and
bridges of said city and a right to the
possession and control of the same, subject
to any contract rights had and held by the
defendants, and Notwithstanding the fact
that under the ordinances hereinbefore re-
ferred to, and the contract growing out of
the same, the right of the said Citizens
Street-railroad Company TO use and occupy
the streets of said city, or to operate there
on its street-railway system, Will terminate
on the 18th day of January, 1901, the said
defendant. the Citizens Street-railroad
Company, is asserting and claiming and CIV
ing out that it has right to use and oc-
cupy all the streets in said city and to OPP
crate thereon it's street-railway system for
a period far beyond the year 19Ol--sometimes
claiming that it's right TO so use and occupy
all said streets is perpetual, and sometimes
claiming that its said right to use and occu-
Ply the said streets will continue until the
Legislature of the State at some future
session shall terminate the same, all or
which claims are false, in so far as they ex-
tend beyond the 18th day of January, 1901.
III. That the defendant, the City Rail
way Company while not in possession of
any part of any street in said city, is as
sorting, claiming and giving out that 1t has
rfer1,f low and ad
occupy now or at any time hereafter, and
particularly from and after the 18th day or
January, 1901, and to operate street-rail-
way system on all the streets of said city
now occupied by the said Citizens Street
railroad Company, and all streets which
said last-named company claims the right
to occupy as aforesaid; which claims, as
sertions and pretensions of said City Rail-
way Company are false and without any
no right under any contract or otherwise to
occupy any streets in said city for any pur-
pose at any time.
CLOUD IN CITY'S TITLE.
''12. That under the laws of Indiana It
is the bounden duty of this plaintiff through
it's Board of Public Works. prior to the
time of the expiration of the term for which
the said Citizens Street-railroad Company,
under the contracts and ordinances herein
before mentioned, has the right to use and
occupy the streets of said city, to wit, prior
y,
competition the further occupancy of said
streets for the purpose of operating an cleo
trio street railroad for a further period of
thirty years, to the end that the convenience
aud comfort of the C tlZens OF said city may
not be disturbed by II lack of transporta-
ton facilities, and that there may be no in
terruption of travel in said city. That the
false claims aforesaid Of both defendants
cast cloud on the title Of the city and its
right to make such arrangements, or to
open such competition, fer the reason that
no person, company or corporation Will enter
into such competition OF propose any favor
able terms to plaintiff IN such competition,
or enter into any agreement with plalntl11,
un... he claims of the detendants are
dicially determined that on the 18th day or
January, 1901, the person or company which
secures the franchise and contract for the
ensuing period of thirty years will and may
be PIT IN possession of the streets OF said
city. and that such person, company or
corporation will have the right 10 operate
a syxter of street railway thereon from
and after that date.
THAT ii said questions are not deter
mined prior to the 18th of January, 1901,
then the claims of both of said defendants
will have to be litigated and adjudicated
after that date, which litigation VIII cover
q long period of time, during which the
people of said city will either be deprived
of street-car service altogether or be com
PEELED to submit to the use and occupation
of the streets of said city by said Citizens
ST. ect-railroad Company without authority
or right, and without the receipt by plaintiff
of any compensation for the right to such
occupancy, which right is of great value, to
wit as heren'before alleged"
The pe:ltion closes with prayer petition
ing the court to require the two defendant
companies to answer the complaint, setting
forth what right they have upon the streets
of Indianal ellis, and to enjoin each of said
defendants, their officers, agents, employees
successors representatives and assigns
from the use or occupancy of the streets OF
the CITY for street-car or other purposes
after Jan Is 1901.
Raising the estimate on a basis of 3-cen0
fares the complaint states that the profits
to the company operating in this city Will
amount to $4,000 a year.
II is not known lust when the case will
l,oar if doubt will