The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-04-15
Governors PrOcla ma ton PubIishc,
This Morning and New Law Is
Already i'm Eject.
A DEMAND FOR FIVE CENTS
THE CITIZENS COMPANY WILL STILL
CONTINUE TO MAKE 1T.
Taking Long Chances and Risks OF
Millions in Damage Suits-Acts
Delivered i'm Last County.

The three-cent-fare law enacted by the
last Legislature goes into effect this MORN
ing and according to it's terms any agent
or employe of a street-railroad company in
city of the size of Indianapolis who de-
mands or collects more than cents fare
is liable to fine of from $50 to $500.
The Journal is informed by one of the
responsible managers of the company that
it is the intention of the Citizens Street
railroad Company to charge and collect )
cents fare, and in doing so il takes very
heavy chances.
Nobody will scan the morning papers
more anxiously than the officers of this
corporation to see if they contain the Gov
ernors proclamation. Instructions were
left with one of the officers last night to
look for the proclamation and if it should
appear this morning, to instruct the con-
ductors to demand and collect cents from
each passenger as usual. Conductors de-
clared last evening that they had received
no instructions, but they all understood
that they would collect cents, notwith-
standing the law. President Mason. of the
company, declined TO say what the attitude
of the company would be, or to be inter-
viewed on the subject in any manner. No
orders to the road officers and barn bosses
were issued last night.
The vigorous manner in which the secre-
tary of state has pushed the publication of
the acts 10 the point where they can be
proclaimed, and the unexpected delays the
Injunction suit of it's bondholders has met
with in the Federal Court have left the
company "bet Ween the devil and the deep
blue sea-" Taking one horn of the dilemma
and complying with the law, it would fur
nish proof that this suit was collusive and
what is much worse from it's point of view,
ii would give the people a taste of lower
fares, and fares, like the price of any pub
lie service, can be lowered much more cas-
lily than they can be raised. On the other
hand demanding and collecting cents in
defiance of the law is likely to lay the COM
pany liable TO enough penalties and damage
suits in a day to absorb it's gross receipts
for a year. But it has chosen to take
chances upon this line of action in the
emergency.
The officers of the company had expected
that the application of the Central Trust
Company for injunction would be heard
in the Federal Court last Monday, but the
hearing as turned over to Judge Showal-
ter. of Chicago, by Judge Woods, and
Judge .,howalter was unable 10 get here
until this morning. Thus the law goes into
effect before there is any possibility of an
adjudication of the subject in this manner.
In the hearing to-day the attorney general
will appear on behalf Of the State and file
plea for Prosecuting Attorney Wiitsie,
who is made one of the defendants in the
suit He will maintain that Mr.. Wiltsie is
an officer of the State and as such the
official actions. He will also seek TO show
that this petition asks the court TO enioin
the State from enforcing one of its laws,
which IL is not competent for the court
to do.
1t is probable that very large number
of the people who ride on the cars to-day
will either tender cents for their fare or
take down the name Of the conductor de-
mandinS and accepting cents. In case
they tender but cents, there is much
curiosity to know what course will be pur-
sued, for putting the passenger off might
make the company liable for heavy per-
sonal damages, even in case the law should
finally be declared unconstitutional or in
applicable to the company under its present
franchise for the passenger could maintain
that he had excellent authority for de-
manding to ride for cents. But even II
the passenger tender the usual cents and
it IS accepted, it lays the company and its
conductor liable to heavy penalties. The
section of the law covering this point Is
very searching. 1t reads as follows:
Section g That it shall be unlawful Tor
any company organized under the pro-
visions of this act and owning, controlling,
running or operating any street rallroau OF
system of street railroads in any city nav
ing population of 100000 or more accord
ing to the census of 1890, or any ofncer,
agent, servant or employe or such COM
pany to demand, charge. receive or collect
from any passenger upon its road or sys-
tenn of roads a cash fare OF more than 3
cents for any one trip or section such
nr nmnlOXR shall
upon conviction thereof. be fined in any
sum not less than $50 and not more than
$500
And should any street-railroad company
i'm any such city charge, receive or collect
more than cents cash fare; or refHse hs.,,;Ir or
provided. then said company snail forfeit
and pay 10 the person from whom II re-
ceives charges or collects the said cash
fare i'm excess of cents, or whom such
company refuses to transfer as herein pro-
vided the sum OF 500, to be recovered In
a civil action in any court OF competent
Jurisdiction and the city in which such
railroad company is doing business. run
ming and operating its line or lines OF ROAD
or roads may. upon the failure or such
street-railroad company to comply, with
any of the provisions of this act declare
the rights, terms, contracts and franchlses
of such company to the use ana occupancy
of the streets, alleys and highways OF such
city for street-railroad purposes forfeited
and at an end and may proceed 10 oust
of such streets. alleys and highways ana
NAV contract and let TO any other street.
railroad company the use and occupancy
of such streets alleys and highways for
street-railrOad purposes. the same 10 De
granted and let In accordance with the pro-
Visions of this act and the laws governing
cities having population OF 1O,evo or more
according to the census or 1891.
failure TO issue transfer tickets or 10
honor them brings the same penalties. The
company is said to collect about 1900 fares
a day. If X should acquire a. damage suit
or a penalty for every fare collected to-day
it could get itself involved for the neat lit
tie sum OF 81. 900 600 between now and mid
night Ii IS likely that in that case the
bondholders would have some reason 10
fear the depreciation OF their securities.