The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-02-07
OBSERVATION-DISCLOSURES
II COUNCIL DECIDES TO ASK LEG
STATURE FOR ASSISTANCE.
City Attorneys Opinion as to the
Problem Under the Pres
ent Charter.

The most important matter considered by
the Council last night was a communication
from City Attorney Kern relative to the
elevation Of railroad tracks in indianapolis.
Some time ago the Council asked the city
attorney for an opinion as to the Councils
powers to require the companies to elevate
their tracks. In an opinion of considerable
length, last night, the city attorney quoted
the charter, Section SO of which, in delegat-
ing powers to the Council to regulate the
safety Of the public by enforcing rules on
the railway companies, gives powers rela-
tive to the construction of bridges, viaducts.
etc. On the special question of elevated
tracks, Mr.. Kern had to say:
1T is to be regretted that the power to
compel the elevation of railroad tracks is
not conferred i'll the exact and specific terms
with which the power to compel the con-
struction of bridges, viaducts, etc, is con-
ferred by the section quoted. 1t is also a
matter of regret that methods are not set
forth by and through which such improve
ments may be compelled. = / have
come to the conclusion that the Common
Council has the power by ordinance to COM
pei the elevation of tracks. OF course, such
an ordinance would nave to stand the test
of reasonableness."
In view of the fact that the opinion ex-
pressed a doubt as to the unlimited power Of
the Council and the suggestion that such
ordinances as it might pass would have to
stand the test of courts, under the present
charter, a committee of five was appointed
on the motion of Mr.. Costello to confer with
the city attorney relative to an amendment
to the charter that would confer the I'M
doubted and unlimited power that is desired
in this respect. On motion of Mr.. Little
this committee was empowered to act. Pres
ident Mahoney, in accordance with the pro-
visions of the ordinance, appointed Messrs.
Bernauer, Little, Bowser, Higgins and Moi
felt to serve on this committee. After the
Council adjourned there was a private
meeting of this committee with President
Mahoney relative to the subject. TIL pres
ident pointed out that if legislative action
is to be secured on this point it must be
done at once, as there are but few more
weeks left in which to secure action by the
General Assembly. The cOnirnittee named
will confer at once with the city attorney
with reference to the formation of bills for
suitable amendments to the charter. mas
much as the Commercial Club has investi-
gated this question and the city attorney
backs his report with findings of commit
tees of that club, it is not thought that
there will be much opposition to the propo-
sition in the General Assembly. The city at
torney accompanied his report to the Coun-
Gil with reports of the Commercial Club
Elevated Tracks Commission favoring the
project.
An ordinance was introduced last night
providing for the appropriation of 1887 in
payment of the uneXpired portions of liquor
license fees due the executors of saloon men
who have died.
An ordinance was also introduced author
izing r. A. Caylor and Harvey Coones to
lay q switch over the first alley south of
Moore avenue, in accordance with a con-
tract made by the Board of Works. The
contract of the Board of Works with the
Sun Vapor Light Company was introduced.
The ordinance extending the provisions OF
the ordinance requiring runners of express
men to keep more than ten feet away from
prospective customers was extended to the
open space east of the market, on the re-
quest of expreSSmen, who 2llege that legltl-
mate eXpresSmen have been embarrassed
and annoyed by having their patrons
harassed by the runners insisting on secur-
ing their patronage.
A resolution changing the name or the
Esplanade in the Pogue's Run Park system
to Spades's Place was passed without a dis
senting vote. There was no opposition to
the ordinance appropriating $1,000 TO the
Board of Health to be used in the present
smallpox dilemma.
Something of a diversion was created
when the Council chamber was filled with a
pyrotechnic display from the cigar smoked
by Councilman Won Spreckelsen. He was
camly putting away in the midst of a deep
debate between two other members, when
the august body of city fathers was sud-
denly aroused by Il fiz and a whir, ollowed
by q brilliant display of red and blue fire
that would have done justice to a Fourth or
July celebration from the seat OF the copn-
Gilman. He bravely held on the blazing
mickey" and when its gyrat1onS were at
an end calmly gaZed at the remnants of the
choice Havana filler" that remained be-
tween his thumb and f~orefinger. Then he
gave an expressive glance toward Council
man Costello. who stoutly denied having
given him a loaded cigar.