The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-16
RESTS WITH SHOWALTER
CITY FILES IT'S MOTION TO DIS
SOLVE HIS RECENT INJUNCTION.
Also Files a Demurrer in Three-Cent-
Fare Case on Question of
Jurisdiction.

City Attorney Curtis yesterday filed in the
United States Circuit Court the expected
motion to dissolve the injunction against
the city restraining it from enforcing the
3-cent-fare law. The motion reads as fol-
lows:
'"The defendant the city of Indianapolis,
moves the court herein to dissolve the in
junction heretofore entered by it for the
reasons: First, that it is plain upon the
face Of the complainants bill that it was
not entitled to the injunction; second that
said bill was brought by the Central Trust
Company of New York at the instance of
one OF the defendants, the Citizens Street
railroad Company Of Indiana, and that the
interests Of said complainant and said de-
pany are the same and that said interests
can be determined to be the same by the
court appointing an examiner herein.
Wherefore, this defendant prays the
court that this injunction heretofore issued
be dissolved, and that an examiner be APP
pointed to take testimony concerning the
matters, mentioned in the second cause as
signed for dissolution and judgment for its
reasonable costs in this behalf sustained"
A copy of the motion was at once for
warded to Judge Woods. of the Seventh
circuit, who will probably turn it over to
Judge Showalter for action.
At the same time the city attorney filed
demurrer to the original bill of the Cen
trail Trust Company upon whose applica-
IlOu the temporary lnJuuCuOn was granted,
and a brief, arguing the case. The brief
is drawn largely upon the lines of the de-
cision of Judge Monks, of the State Su-
preme Court, and Celebrates upon the rea-
sons there set forth for the validity of the
law. The demurrer is as follows:
THE defendant the city of Indianapolis,
by protestation, not confessing or acknowl-
edging all or any of the matters and things
in the said plaintiffs bill to be true in
any such manner and form the same
are herein set forth and alleged, doth de-
muir thereto and for causes of demurrer
showeth: First, that this court hath no
jurisdiction over the person of this defend
ant; second that in and by said bill it is
made to appear that the interests of the
complainant, and the defendant the Citi-
zens' Street-railroad Company, are identi-
CAL and the said Citizens Street-railroad
Company is not in law adversely interested
from the plaintiff and that, therefore, this
court has no jurisdiction of a suit by the
complainant, a citizen of the State of New
York, and the defendant the Citizens
Street-rairoad Company, a citizen of the
also a citizen of the State of Indiana; third
that the said plaintiff has not by said bill
made or stated such q cause as doth or
ought to entitle it to any relief as is hereby
sought and prayed for against this defend
ant; wherefore this defendant demands the
judgment of this honorable court whether
1t shall be compelled to make any further
or other answer to the said bill, or any of
the matters or things therein contained,
and prays to be hence dismissed with it's
reasonable costs in this behalf sustained"