The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-24
THE REPAIR FUND SMALL
CITY WILL NOT INCREASE 1T BY
RAISING THE TAX RATE.
Washington Property Owners
Appear Before Hoard of orks
with Their Claims.


property on Washington street, between
Alabama street and Senate avenue, APP
peared before the Board of Public Works
yesterday afternoon to make further pro-
test against the improvement of the street
The delegation was headed by A. &. Har-
ris who acted as spokesman. He urged
that the unsettled state of the street-rail-
road muddle was sufficient reason for the
board to delay this improvement Accord
ing to the position taken by the city and
sustained by the Circuit Court of Hamilton
county, the rights of the Citizens Company
expire in 1901. In a very short time Inc
Board of Works will have to settle the
whole matter by either succession of the
City Railway Company or by the award OF
a new franchise.
Under any conditions, the next franchise
will bring into the city treasury from
100000 to $4,000 annually, and also pro-
vide that the company shall pave and re-
pair streets between rails and track. Mr..
Harris urged that inasmuch az this large
sum Of money would be paid for the use Oh
the streets, no better use for 1t could be
made than in the repair of the streets. lie
believed that would be good business. lie
thought it would be good business TO post
pone the resurfacing or Improvement or
Washington street for year or so at
least by which time the streer-car muddle
would be settled and the city would know
Just how much it might expect from the
successor of the Citizens Company. AT the
end Of that time, he said, the property own
ers would be ready to build the best street
in the State if necessary.
The question at issue, Mr. Harris said,
was what is repair? If the resurtaclng or
Washington street could be interpreted as
repair, then the owners of the abutting
property would be willing to allow the work
to go on now and pay for it. Then they
would have the right to insist that all
street repairs be paid for by property own
ers and would be unwilling to be taxed for
the repair of gravel streets. Repairs are
now paid out of the general furN and the
property owners of Washington street
would expect the repair of Washington
street to be paid for in the same way or
that the repairs of all streets be paid for by
abutting property owners. They wanted
uniform system. And Mr.. Harris said the
Washington-street property owners would
insist that the work proposed to be done on
that street should honestly come under the
head of repairs.
Mr.. Harris read from the Supreme Court
reports a decision in Howard county ditch
case, in which Judge Elliott rendered the
opinion that repair is restoration after in
jury or partial destruction" Said Mr.. Har-
ris: washington street is not totally de-
stroyed. It's surface is injured, and there
may be some damage to the foundation,
but the foundation is still there and the
proposed work is repair work under this
decision. This case is to be a precedent,
and the board may have to fight its views
through the courts
President Downing asked Mr.. Harris how
he proposed the street should be kept up
until the year or so" he wanted the board
to wait should expire, and how the money
should be raised to resnrface the street at
the end of that time, if the opinion should
prevail that the work was repairs and
should be paid for out of the general fund.
and could not be without increasing the tax
levy-the latter thing which could not be
considered for moment. City Engineer
Jeup Informed the delegation that the city
had spent $1,000 last year repairing the por-
ton of the street under controversy, and
would probably spend 900 more each year
until new pavement should be put down.
In response to Mr.. HarriS's claim that re-
pairs to all streets should be paid by abut
ting property owners If this was so
charged. Colonel Downing said that it had
always been customary to treat the resur-
facing OF an improved street as new i'm
provement
Henry. d. Pierce insisted that whatever
should be done, the street-railroad COM
pany be required to pave between the
tracks. He called attention to an act
passed in 1873 requiring the street-railroad
company to improve and repair this space
to the satisfaction of the Common Council
and Board of Aldermen. He said the Board
of Works, as the successor of these two
bodies, had all their powers and could en-
force the act against the Citizens Com
pany or any other He insisted that in 1901
the dispute would be at an end, anyhow.
The new company, or the old under new
franchise, would do its part.
Joseph Elliott suggested to the board that
the city engineer prepare accurate figures
on the cost of keeping the street in repair
for three years and that the board consider
the figures before taking any final action on
the proposed Improvement. The board
agreed to do this and to give the property
owners another hearing.