The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-04-24

indianapolis. Ind. April e3.-Judge
Showalter Of the United States court has
granted the injunction asked for by the
Citizens Street Railway company
against the enforcement Of the Scent
fare law. The effect will be a return 10
by the clerk OF The federal court in this
city today. The Hugg law is declared 10
be unconstitutional because IL IS special
legislation. applying only 10 the city OF
Indianapolis II is the opinion Of the
curt that where proceedings in effect
destructive OF vested property right
are threatened by a defendant in official
position under color OF void statute.
the preliminary injunction ought TO be
issued. The suggestion by the attorney
general. the court says, that in any
event this cour, ough, not 70 consider
the case made by this bill until the SUI
p-eme court OF Indiana has passed upon
the specific enactment in contention, is
one which the court has no right 10 en-
terrain and II is ordered that the injunc-
ton issue as prayed.
The court holds that the charter can
not, under the constitution OF Iniiana.
be amended by any enactment which is
special to any particular street railroad
corDo' alton or 70 any particular COM
munity or locality in Indiana: that the
amendment OF 1897 is confined in It's op-
Grafton 10 the city Of indianapolis and
10 he defendant railroad corporation
and ether street corpora tons now or here
after organized for carrying passengers
over the streets OF that city; that IL the
Scheme as proposed in said amendment
be carried into effect, complainant.
which is mortgage Of the railroad prop
erty of defendant corporation in Indian
arolis TO the extent OF some So 900, 900 OF
outstanding bonds. will be irremediably
injured in its security; that by the
amendment of 1897, the state OF Indiana
would violate its engagement 20 the de-
PENDANT railroad company as expected
in the general law for the Incorporation
of street railroad conpanies-and this in
contraveni:on OF the national constitu-
ton, which declares that no state shall
pass any law impairing the obligations
OF contracts. In this latter ground. as
we'll as by reason OF the non-residence
OF complainant, the controversy, it Is
said. falls within the judicial pawer OF
the United States.
The option Of the three-cent fare law
ceases today and President Mason OF the
Citizens Stree; Railroad company. says
the five-cent fare will be enforced to-
morrow. He says the injunc,ions grant
eli are aga:nS: the Citizens Street Rail-
road company forbidding them 10 re-
ce;ve three-cent fare; against State
Prosecutor Wiltsie. TO prohibit him from
trying 10 enfore the three-cent law and
against the city 10 prevent its officers
from doing aught to enforce the three
cent fare law. So, far, it is clear VIC
tory for the railroad company. Mr.. Ma
son thinks employees OF the company will
be instructed TO inform passengers OF the
law, and tomorrow the company will be-
gin 10 rigdly enforce the law.
PROPORTIONAL GRAIN RATE.
Kansas City, April 2S.-The Chicago
Great Western has issued tariff nam
ing proportional rate on grain from
Kansas City to Chicago. when destined
10 the sea board for export, OF 9lz cents.
The fiat rate is Il cents.