The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-07-04
THE TRACK ORDINANCE
sQUABBLE OVER PROPER COUNCIL
COMMITTEE TO HANDLE 1T.
Full Text of Meusure-Gas Ordinance
Promptly Passed, Mr.. Al
len Dissenting.


two hours last night. during which Tune
the members and interested spectators
swetered as though In a Turkish bath. AL
though it was known that the track eleva-
ton ordinance was to be introduced, only
about dozen people. besides the council
men and the newspaper men, were in the
hall and most of these left after a few
minutes. so depressing was the atmosphere.
Two important ordinances were passed
and third was introduced and referred TO
committee. The first one to be handled
was the track elevation ordinance. which
caused the only trouble OF the evening. AS
soon as the clerk had finished reading the
title President Mahoney assigned 1t TO the
new committee on track elevation, consist
ing Of Messrs. Bernauer, Scanlon, Golfer.
Shaffer and President Mahoney. Mr..
Harston raised the first objection TO the
ordinance going TO what he termed "the
special committee" saying that it's proper
place was in the hands of the railroad COM
mittee. He said that the committee on
track elevation had been organized to look
after the subject in its early stages. but
that il had discharged its obligations and
ought TO be considered as being no longer
I'm existence. President Mahoney replied
that the resolution under which the track
elevation committee had been created last
May, expressly stipulated that the commit
tee should be a permanent one and that 1t
was proper to refer the matter to that COM
mittee Mr.. Higgins took the opposite view
of the matter, saying that the railroad COM
mittee was generally considered an i'm
portant one and he considered the taking of
such an important ordinance as that COW
ering track elevation out of its hands as
direct insult to the members Of the COM
mittee. This seemed to strike the popular
fancy. for, on the matter being put to
vote, the ordinance was sent TO the railroad
committee, the members of which are said
to be friendly to the plan.
The following is the ordinance in full:
AN ORDINANCE for the restoration of
highways and streets in the city OF In
dianapolis, whose surface is occupied by
railroad tracks, by the removal of such
tracks, and for the removal of railroad
tracks from the surface of highways and
streets in such city, providing penalties for
its violation and fixing a time when the
same shall take effect.
Whereas, there are terminals Of fourteen
line of railroads within the city of Indian
apolis, the main railroad tracks of which
radiate from the Union Station in said city
and from the tracks of the Union Railway
Company. which are situated in or near the
main business part or said city; and the
tracks OF said railroads and of said Union
public highways of said city to number OF
more than one hundred cross such streets
and highways at grade; and whereas. 1t is
estimated that more than forty thousand
persons per day, upon the avearge, cross
said railroad tracks upon said streets and
highways In vehicles and upon foot; that
within the past two years many persons
were killed or seriously injured by rail-
road cars at such crossings in said city;
that a large amount of property Is destroyed
annually at such crossings by the same
cause, and that the amount of expense and
loss caused by the delays to vehicles and
pedestrians travelling upon such highways
and streets at such crossings by the use
OF such crossings at grade by railroad en-
gines and cars amounts TO many thousands
of dollars per year: that the expense and
loss to railroad companies by the delays
made necessary In operating their railroads
at grade In said city. and by their liability
for damages for injuries to persons and
property amounts each year to a large sum
of money; and whereas, because of the
great growth OF said city in population, the
public necessities require and call for more
constant use of the railroad tracks of said
railroad companies, and better and more I'M
interrupted use thereof; and whereas. the
and the inevitable dangers OF injury to per-
sons and property upon such highways ana
streets at such crossings are increasing; and
atoms of railroads across or upon high
ways and streets in said city at grade has
become and is wholly inconsistent with the
safety OF the public travelling upon such
streets and highways, and necessarily
fraught with great danger to persons and
property upon such streets and highways;
and IL is necessary, in order to make such
streets and highways at such crossings rea-
sOnably safe for persons and property maxi
ing proper use thereof, and to restore streets
and highways occupied by railroad tracks
so that they may be safe and convenient
for public travel, that the surface of such
streets and highways should not be occupied
by railroad tracks used for the passage of
locomotive engines and railroad cars pro-
PEELED by steam, and that such railroad
~,
of such streets ard highways with all rea-
sonable speed and dispatch; and whereas,
in view of the great number Of such street
crossings In said city, and In view OF the
uniform level topography of the said city,
II is impracticable to make such railroad
crossings Of streets and highways safe by
the construction and maintenance of VIA
ducts over said railroads; now, therefore.
Be it ordained by the Common Council Of
the city of indianapolis, Ind:
Section ]. First-That for the purpose of
brevity and clearness, the terms high
ways" and streets wherever used in this
ordinance shall be deemed to mean and In
clude all streets, alleys, avenues, lanes and
other highways, including not only such
highways. streets, alleys, avenues and lanes
vided BY the statutes of Indiana, but also
those created by user or common law dedi-
cation or otherwise.
roads, railroad track or railroad
tracks" as used in this ordinance shall be
deemed and understood to mean i,r railroad or
upon which property, CT both persons and
property, are or may be transported for hire,
and do not mean or include railroads or rail-
road tracks devoted TO the transportation of
persons by means OF any motive power
other than steam.
Third-The provisions of this ordinance
with respect to the removal of railroad
tracks and appurtenances existing upon the
surface of the streets and highways within
the city of Indianapolis from the surface of
such streets and highways, and the making
and maintaining the railroad crossings or
streets and highways so that at all times
they shall be safe to persons and prop
erty. shall apply as well TO streets and high
the laying and construction Of such rail-
road tracks and appurtenances as TO high
ways and streets existing at the time OF the
construction CT any such railroad tracks or
appurtenances upon or across the same.
Fourth-Al that part of the city of In
matter referred TO as the First district, to
wit:
Beginning at the east property line of
State avenue, at the center line OF the right
OF way of the Pittsburg, Cincinnati, Chicago
* St Louis Railway Company. thence ex-
tending in a northerly direction along the
east property line OF State avenue 10 the
north property line of Ohio street. thence
in a westerly direction following the north
properly line OF Ohio street to the west
along the west property line of West street
to the northwest property line of Kentucky
avenue. thence In a southwesterly direction
along the northwest property line OF Ken
River street, thence south In a direct line
to the north property line of Merrill street.
thence east along the north property line
OF Merrill street to the east property line
OF West street. thence north along the east
property line of West street 70 the south
nronartv line of South streef thence Ga ~