The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-05
CITY PATIENTLY WAITS
IT'S IMPORTANT LITIGATION HUNG UP
IN THE COURTS.
No Evidence Taken I'm 3-Cent-Fare
Hamilton County.

Days have dragged into weeks and weeks
into months since the decision of the Chi
cago courts holding that it had no juris-
diction over the 3-cent-fare case pending
in the Federal Court here. 1t was an
nounced then that the city would press the
case. City Attorney Kern said yesterday
that the action of the street-car company
with reference to the matter of taking evil
dence on the subject was being awaited
There have been frequent conferences with
the companys attorneys, who have prom
ised to move. Mr.. Kern expressed the be-
lief that something would be done this
week. 1t is reported that the street-car
company intends to dismiss its cross bill
and abandon the idea of presenting evil
dence as to the reasonableness of the fare
proposed, and submit the law questions in
volved to Judge Showalter, making addi-
uonal argument il he desires it. If this
course is pursued, 1t is presumed that Judge
Showalter will make the injunction pre-
venting the enforcement of the law per-
manent, when an appeal will be taken to the
Supreme Court. Ferdinand Winter, of
counsel for the street-ear company, refused
to make any intimatons as to whether the
cross bill would be dismissed and no evil
dence taken. He said that it was not his
custom to discuss litigation with the news
papers or anybody else than his clients. He
did vouchsafe the information that he did
not think the appointment of master to
take evidence necessary. 1t was his opinion
that the proper course would be to take
dispositions and submit them to the court
in the usual way. Some attorneys think
this would be a slower process than taking
evidence before master. Mr.. Kern seems
anxious to have something done before the
summer adjournment so as to have the case
on its way to the United States Supreme
Court. Attorney General Ketcham appears
IN the case only as the representative of the
county prosecutor. who was one of the
parties enjoined from enforcing the law,
ana says that he is not in position to
hurry matters.
City Attorney Kern is also waiting on the
attorneys OF the Indianapolis Gas Company
to take some action with reference to the
lo-cent-gas case: His answer to the COM
panyS complaint was filed weeks ago and
the next move is due from the company.
1t is supposed that the attorneys will some
OF tnese Gays ME exceptions TO the cltys
answer The gas companys attorneys are
now taking evidence in "a case from another
county where about the same question is
involved-the reasonableness of the rate
charged. 1t is presumed after they get all
their evidence on that case they will re-
sumo their fight or the local ordinance.
company was equally disinclned to say
what would be done in that matter. Mr..
Winter presumed some action in the gas
and street-car litigation would be taken be-
fore long.
There has been a. long delay in the Hamil-
ton Circuit Court where the various phases
of the street-car situation are to be passed
on by Judge Neal. He has had the case un-
der advisement for two months. Mr.. Kern
hopes for a decision of that case SOON So
far the ultimate outcome is ~cerned,
what Judge Neal's' decision may he is not
SO important from the city's point of view
as that decision he rendered soon. 1t is
understood that in any event an appeal will
be taken to the State Supreme Court and
preme Court. The city attorney is anxious
for decision in order that the case may be
sent to the Supreme Court as soon as pos
Sihle.