The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-12
THE INJUNCTION ORDER.
That Entered by Judge Woods on
Judge ShowaIter's Decision.

That Entered by Judge Woods on
Judge ShOwRIter's Decision.
The order Of injunction entered W Judge
Woods in conformity with the decision of
Judge Showalter is very sweeping in it's
provisions applying TO the city and every
body connected with the city government,
10 the street-raiIroad company and all its
employees and to the prosecutor and all his
deputies. 1t reads as follows:
This cause, coming on TO be heard at
this time, the application of the COM
plainants for a preliminary injunction, the
said application was presented upon the
verified bill of complaint, and the same
having been duly considered. and the argu-
ments of counsel heard, the said appca-
ton is granted. 1T is therefore ordered
that until the further order of the court
herein, the defendant Citizens Street-rail-
road Company, of Indianapolis, and each
and all of it's officers agents servants and
employees be and they are hereby restrained
and enjoined from III any way acting in
Observance of, or conformity to, the re-
quirements Of the act Of the General AS
sembly of the State of INDIANA, set out in
the bill of complaint, entitled An act to
amend Section of the act entitled IAN act
to provide for the Incorporation of street
railroad companies approved June 4, 1861,
the same being Section 415l of the Revised
Statutes of 1881; and adding supplemental
sections thereto regulating the fare to be
charged and collected by any Street-rail-
road company organized under the pro-
visions OF said act, IN any city having a
population OF one hundred thousand QOO,00O)
or more according to the United States
census of 1890. and making it a miSdemean-
or TO demand, charge, receive or collect
from any passenger upon the same a cash
fare of more than cents. providing for the
transfer Of passengers from any one line
TO another, and for the issuance OF transfer
tickets or passes, and authorizing Such
company to make reasonable regulat tons
for the transfer of such passengers, APP
proved March 6, 1897.
THAT the defendant City of Indianapolis,
the mayor of said city. the Board of Safety
of said city, and each member thereof, the
Common Council of said city. and each
member thereof, the city attorney of said
city, and each and all of his deputies, the
chief of police of said city. and each and
all of the members of the police force or
said city, and every other officer agent,
servant and employe of said city be, and
they are hereby restrained and enjoined
until such further order of the court from
doing any act or thing Whatever 10 put
into force and effect as against the defend
ant Citizens Street-railroad Company of
indianapolis, or any of it's conductors
or motormen, or other officers, agents,
servants and employees, any OF the pro-
visions of said act of the General Assem-
bly, of the State of Indiana. or from taking
any steps or measures whatever under said
act to forfeit or declare null and void the
right of the said Citizens Street-railroad
Company of indianapolis to maintain and
operate in said city and on the streets
thereof its system of street railways, and
TO demand and receive for the tranSporta-
ton of each and every passenger thereon
a cash fare of 5 cents in all eases in which,
except for The provisions of said act of the
such cash fare could be rightfully de-
manded from in any way or manner
whatever mOleSting, disturbing Interior
ing, under the provisions of said act of the
General Assembly of the State of Indiana,
with said Citizens Street-railroad Com
pany of indianapolis, or any of its officers,
agents, servants and employees in the opera
ton of its said system of street railways in
said city, or from ousting or attempting
to Gust said Citizens Street-railroad Com
pany of Indianapolis under the provisions
of said act. from the occupation and
of the said streets of said city in the opera
ton of its system of street railways, or
from tnStitutlng or prosecuting in any
court, or before any board or other body
of said city any prosecution, action or other
proceeding against said Citizens Street
railroad Company of Indianapolis, or any of
ats or1cers agents, servants or employees for
the recovery of any penalty or fine or the
inf1ictfon of any punishment on account of
any omission or refusal by said Citizens
Street-railroad Company of indianapolis, or
any of its said officers, agents, servants and
employees to observe the requirements of
the said act of the General Assembly of the
State of Indiana, or with the object or pur-
pose of compelling said company, it's ofil-
GERS agents servants and employees to con-
form to, or observe the requirements of said
y And that the defendant Charles S. Wilt
sic, and each and all of his deputies agents
servants and employees be. and they
hereby, restrained and enjoined until such
further order of the court from instituting
or in any way aiding or participating in the
INSTITUTION or prosecution or any actions or
proceedings, either civil or criminal in their
nature, against said Citizens Street-rail-
road Company OF indianapolis, or any OF its
officers, agents servants or employees for
charging, receiving or collecting more than
cents cash fare for the transportation of a
passenger upon. and by means Of the street
railways of said Citizens treet-railroad
Company of Indianapolis. or for refusing or
neglecting TO transfer passengers who have
only paid. or offered TO pay, a cash fare of
cents, from one line to another of the
street railways of said company or for
fusing or neglecting to give to passengers
VINO nave paid or offered to pay, q cash
fare of only 3 cents. transfer tickets or
passes enutling such passengers to be
transferred from one line to another of said
street railways, and from in any way mo-
Testing or disturbing said Citizens Street
railroad Company of Indianapolis its Off
GERS, agents, servants and employees in the
right 70 charge. receive and collect from
passengers upon any of its lines of street
railway cash fare of cents in all cases
in which, except for the requirements of
said act of the General Assembly of the
state OF Indiana 1t would be rightful for
said company, it's officers, agents. servants
and employees, to charge, receive and collect
cash fare OF cents; or for refusing to
transfer such passengers from one line to
another of its street railways where cash
fare of cents has not been paid, in ali
cases in which, except for the provisions of
said act, such cash fare of cents is right
fully eolleetabie.
railroad Company of Indianapolis. the City
of indianapolis and Charles 5. Wiltsie, and
each and all of their officers, deputies,
agents, servants and employees. and all per-
sons acting by or under the direction and
control OF them or any of them, are strict
~ charged, commanded and enioined to de-
sist and refrain henceforth until the further
order of the court from in any way acting
under and in obedience to- or putting in ex-
ecution any of the provisions of said act OF
the General Assembly of the State of Indi-
ana, in so far as such provisions in any
way relate TO or affect said Citizens Street
railroad Company of indianapolis, or any OF
its property, rights privileges and fran
chises, or any of its officers, agents, serv-
ants and employees.
TO which ruling order and decree the de-
PENDANT, Charles $. Wiltsie, as prosecuting
attorney of the Nineteenth judicial circuit
OF the State of Indiana. at the time OBJ
Jects and excerpts and aeks that his excep-
tons be spread of record. which is now
done accordingly.
To which ruling, order and decree the de-
PENDANT the City of indianapolis, at the
time objects and excerpts and asks that her
dts exceptions may be spread OF record,
which Is now accordingly done.
1t being agreed THAI the foregoing order
conforms To the opinion of Judge Showal-
ter, the clerk is directed to enter the same
THE DECISION IN FULL.
Three-Cent-Fare Law Constitutional