The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-10

and placed the property of the occupying
COMPANY actually at the mercy OF the new
company. because the latter was stlll not
compelled to buy the plant, even at the
appraised value. Senator Hogate intro
duced an amendment which was designed
not 10 lengthen the life of the Citizens
Company, but to avoid confirming the
rights of the City Railway Company. II
provided that when the rights OF the occQ.
pying company expired. the city should
open the field to free competition ana sen
the street rights for thirty years 70 the
best bidder. If the occupying company Was
not successful, the successful bidder was
strictly bound to buy the property az an
appraisement to be fixed by the CIRCUIT
Court, and pay for the same IN cdsn. me
HOgate amendment was bitterly Ioughl oy
the friends of the Original phi ppuuti
the amendment was adopted ana the OH
passed the Legislature without turthef OPP
position. 1t was supposed that TINS Woula
end the legislative attack on the company
However, the moment the Hogate amend
ment had passed the Senate a OH Was III
troduced prescribing street-rallWay Iares IN
Indianapolis at 3 cents Tor eacI CdSl LaLT;
and requiring free transfers between an
THREE-CENT-FARE LAW.
This extraordinary measure, which had
never been suggested until the passage OF
the Hogate amendment, was, II valid, a
substantial confiscation of the C1tlzens
Street-railroad plant. The law went into
effect about the middle of April OF the
present year. In the meantime the central
Trust Company of New York, trustee of
the consolidated mortgage bonds of this
company, brought an injunction suit in the
Federal Court against the city of Indian
apolis, the prosecuting attorney and the
Citizens Street-railroad Company TO en1oln
the enforcement of this law, ana compliance
with it by the company. me case was ar
gued at great length in behalf OF the Cen
trail Trust Company by Gen. ~BenJanln
Harrison, Mr.. Ferdinand WINTER ana Mf.
w. II. H. Miller, before judge ShoWalter,
of the United States Circuit Court of APP
peals. Judge Showalter promptly delivered
a careful opinion, declaring the 3-cent-tafe
law to be unconstitutional and void for the
reason that it was local and special legts-
lation. Since that decision was rendered a
case has been taken to the supreme Court
of the State OF Indiana, when IS now set
for argument in that court May ". 1t Is
hoped by the city government that the
State Supreme Court may render a different
opinion from that of the United States
Circuit Court, or, at least, TINS is supposed
to be the object of this new Proceedlng.
had the 3-cent-fare law under consldera-
ton, the Supreme Court of the United
States decided the appeal of the City Rail-
way Company adversely to that company
and favorable to US. 1t was held that the
rights of the Citizens Company were at
least good until 1901, and, therefore,, the
court considered that it was unnecessary TO
decide the question of our rights beyond
that time. The court expressly declined to
give any opinion upon the question OF our
company's rights after the expiration of
the extension ordinance, but 1t confirmed
the decree enJoInlng the CITY Railway COM
pany from in any wise interfering with the
occupying company.
This is the present status of one Of the
most notable legal struggles. that has ever
taken place in the courts of this country.
1t began, practically, the day after the
writer became president, in March, 1893, and
has continued without cessation until the
present time. In every instance, however,
the company has been victorious in the
maintenance of its legal rights. One of the
later phases Of this struggle has been the
indictment and arrest of the officers and
many of the employees of this company for
alleged violation of the 3-cent-fare law.
Under the injunction, however, entered by
Judge ShoWalter, the company is collect
ing scent fares for each passenger, with
privilege of free transfer.
1T is to be hoped that the fresh support
and strength which will be brought to the
company by its new board of directors and
new officers will enable it, now that the
legal battle has been fought out and won In
the courts, to speedily reach a satisfactory
adjustment Of this most intricate problem