The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-01-26
GENERAL HARRIsoN's LETTER.
He Analyses the Bill from the Conn
pany's Point of View.


General Harrison's opinion is in the form
of letter dated Saturday last and adj
dressed to A. L. Mason Esq. president
Citizens Street-railroad Company. Indian
apolis. Ii reads as follows:
Responding now more fully to your letter
of Jan. 16, 1 beg TO say that. having only
just returned from Washington yesterday.
L have been compelled TO make rather a
hurried examination OF Senate Bill 81, en-
titled "A Bill for Act TO Amend Sec
ton u OF an Act Emitted; An act TO pro-
road companies approved June 4. 1891 and
adding supplemental sections TO said act,
and providing for an emergency.
L suppose you desire that L should con-
sider the legal and other aspects OF this
legislation, as affecting your company; end.
preliminary TO some remarks, 4 submit
the following abstract OF the bill, and viii
add some comments.
Section 1 of the bill amends the present
law by requiring the consent OF the COM
mon Council not only 10 the location, sur
Vey ard construction of a street railway.
as the law now is, but to the operation
OF such a railway, and provides that no
contract with any street-railway company
shall extend beyond a period OF thirty
years.
Section provides that where any street.
railway company has or shall enter upon
the streets. etc, or any city or town.
under an ordinance limiting the time OF
such use or where such time arrange
ment, having been made, has been extended
for a further period upon good and SUM-
such time the right of the railway com
pany TO use the street shall Immediately
terminate and cease forever" and the CON-
pany shall, after such time, be deemeq
a trespasser upon the streets OF such city
and shall not have the right TO operate
its cars therein except as hereinafter pro-
vided'
Section provides that upon the expira-
ton of the contract period the occupying
company shall remove its tracks and ap-
purtenances from the streets alleys and
other public places, doing no more dam.
age TO the streets than is necessary, ano
shall restore the streets. nearly as may
be- to the condition in which the same
were prior TO such removal. the time with
i'm which the removal is 10 be made TO be
fixed by the mayor and the work To be
done under the supervision of the street
commissioner.
THE PLAN OF APPRAISEMENT.
Section 4, which is very lengthy. attempts
to provide a scheme for the appraisement
and transfer OF the property OF the old
company 10 the new, and 1 condenss its
provisions as follows:
First-If after the expiration OF fits time
| contract, the old company does not desire
to remove it's tracks, as required by tho
| preceding section, then the president OF the
| company may notify the mayor that II pre-
| fers not to remove its tracks from the
| streets, and that the successor company
| should take them.
| with any such successor company, or,
! If not, upon the making OF any such con-
tract IL shall notify such successor or new
company of the desire OF the old company
| 10 sell its tracks. The mayor then nxes
| day for the selection Of "A board Of ap-
! praisers to appraise the value Of the prop
| erty of the said outgoing company I'm the
streets of said city or town.
Third-The said board shall consist OF
three disinterested freeholders of the State.
| having no stock or other interest IN any
| street-car company and not holding any
| Office in the city.
| Fourth-If the old company has mort
! gage or deed OF trust upon its property
the mayor shall notify the trustees also
| of the time and place or selecting the ap-
| praisers. Each cOmpany-the outgoing COM
pany and the successor company Is al
| lowed TO nominate an appraiser. subject.
| however. 10 the confirmation OF the mayor
| When the mayor has confirmed a nominal
| tiOn from each of the companies he Is then
| TO name third appraiser himself. III the
| companies. either or both. fail 10 nomi-
| nate an appraiser satisfactory 20 the
| mayor he Is 20 appoint the full board OF
| appraisers. The board is TO assemble with
| IN ten DAYS and organize. After reorganiza-
J tion il is TO view the tracks and the prop
/ erty I'm the streets OF the outgoing COM
pany and To bear testimony and ascertain
| the fair cash value thereof by determining
| as nearly may be the actual cost neces-
sary 10 put such property and appurte-
| nances in place. and then deduct fair and
| Just sum therefor for all depreciation by
| wear and tear and otherwise Of every
kind The cost OF paving Is not 10 be In,
| cluded except upon PROOF THAI IL was pc
| by the old company.
! Fffth-Witnin ninety days the board shall
| make a written sworn statement 10 the
| mayor listing and Valuing the property
| submitted for appraisement. and copies
| shall be served upon the companies
Sixth-Within ten days from the receipt
| OF the appraisement the old company shall
| notify the mayor whether II desires To ac-
| cept such appraised value FOR the property
| II il does not IL shall be its duty forthwith
| 20 remove the same from the streets with
! I'm thirty days. and n failure 10 NOTIFY the
| mayor OF the acceptance OF the appraise-
ment within ten days is 10 be taken as a
/ refusal
Seventh-But II the old company notifies
/ the mayor that IL desires 10 accept the ap-
/ praised value from the successor COM
! pany' and accompanies such nouncation
| with proper instrument transferring
the property free from liens TO such sse-