The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-04-12
THREE-CENT-FARE CASE
THE PRELIMINARY STEP TO BE TAX
EN- Up THIS MORNING.
City Has Not Revealed the Position 1t
Will Take-Order Not Likely to
BE Granted To-Day.

Preliminary steps in the suit Of the Gen.
trail Loan and Trust Company of New York
to enjoin the Citizens Street-railroad Com
pany, the City of Indianapolis ana
Charles S. Wiltsie. state prosecutor. from
operating under and attempting to enforce
the 3-cent-fare law will be taken up in the
Federal Court this morning at O'Clock
City Attorney Curtis says that he does
not know just what steps will be taken by
the city. 1t is usually the practice for the
plaintiff in such actions TO demand the tenn
porary restraining order upon affidavits.
Copies of the affidavits that will be pre-
sented if this course is followed. have not
yet been furnished, and until the trust COM
pany proceeds nothing can be known
TO what steps it will be necessary to
take. 1t does not seem likely that the tenn
porary restraining order will be granted to-
day, as il is the practice to only grant
such orders when there is imminent danger
to the rights property of the plaintiff.
In this case the law is not yet operative,
and it is the impression that the proceed
ings Will be delayed for few days until
the laws are proclaimed. This will not be
done until receipts for copies of the acts are
received from all the counties by Secretary
of State owen. Governor Mount has hoped
to proclaim the laws by April 10, next
Thursday. Until that is done there is no
danger of the damages TO stockholders
which the complaint of the trust company
points out are likely TO accrue III the street
company carries out its intention OF
collecting Scent fare.
The complaint. published in the Journal
last Friday states that the Citizens Street
railroad Company to avoid lawsuits, VIII
instruct its employees TO collect only cents.
1t also states that the city of Indiana polls,
If the company fails to obey the law, will
declare its franchise and all its rights and
privileges forfeited. 1t is a misdemeanor,
under the 3-cent-fare law, for any ofhcer,
agent servant or employee of the company
to collect more than cents FOR a single
fare or to refuse to issue transfers, punish
able, upon conviction, by a fine of not less
than $50 nor more than $780, The defendant,
Charles s. Wiltsie, as prosecuting attorney.
would be required to conduct criminal cases
against employees. The complaint closes
with a prayer that the court will issue a
temporary restraining order enJoininS ell
Their of the defendants from acting under
or attempting to enforce the law, and that,
upon final hearing, the injunction may be
made perpetual.
Those who have examined the complaint
of the trust company against the street
car company note two or three peculiar cir
cumStanceS. In the first place, the COM
plant was filed by Ferd Winter. who has
long been recognized as an attorney of the
Citizens Street-railroad Company. How he
can appear as counsel for plaintiff when he
is and has been recognized as counsel for
the defendant may be a question for the
court. Representatives of the city are un-
willing TO discuss the subject when inter-
viewed as to whether the suit would be re-
sisted on the grounds Of its being collusive.
1t is always regarded by attorneys as a
difficult thing to show collision, and that
is not set up as a plea without good evil
dence to back il. This complaint is TO be
heard by Judge Woods Speculation is
pretty strong as TO what Judge Baker
would do if he were to hear the complaint,
after his expression with regard to the di-
rectors of the company in a case that was
before him recently.