The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-02-24
MAY FORFEIT FRANcHIsh.

Anu III order to compel these require
ments the bill provides thai the company
shal, II 1t habitually or continually violates
any OF the provisions of the bill. Of the
contract with the city or of the ordinances
which the city may enact, forfeit it's charter
ana upon such forfeiture the Board of
PUBIC Works shall relet the use of the
streets by competitive bidding.
me bill further provides that the city
snail not part with the exclusive control Of
ls streets in every particular. The city may
say upon what streets the company shall
or may not build its tracks. 1t can compel
lHS company to extend its lines or build
new ones, whenever the traffic requires it.
Inc city can grant rights to any compet-
iIg company at any time it sees fit. The
bill provides that suburban and interurban
companies shall have the right, under a
compulsory arrangement to use the tracks
OF the company to some central point in the
city. 1t reserves the right to the city to per-
NIT any other company to own or operate
lines within the city.
Il think that no company ever operated
under a franchise with such stringent legal
requirements about Ii as are in this bill. We
nave labored day and night struggling with
close questions of constitutional law and
nice questions Of public policy in an at
tempt to throw such safeguards about the
grant of any franchise in the future in the
city of indianapolis as to secure to the city
the very best Street-car service in the world.
/, with other members of the committee.
have from the nrst objected to repeating the
new law for the benefit of the negotiations
New law for the benefit of the negotiations
now on hand without providing that In
case the city and the new company cannot
agree the provisions of the New law should
be hereafter operative and in full effect, The
question of doing this without affecting the
constitutionality Of the measure is one which
gave US much trouble, but we think we have
accomplished 1t. All we have done in this
bill is to give the city an opportunity 10
a advantage of q proposition which
seems, If accepted, to clear the whole situa-
ton of litigation which has been very an
noying and from which we are now suffer-
ing in bad service. At the same time the
bill prevents the city, as far as the Legis-
lature can prevent it, from granting a
franchise on terms which would not be adj
vantageous. II no franchise is granted now
or before a period commencing nine months
before the expiration Of the charter Of the
to competitors under the provisions of the
New law, which has been redrafted and inn
proved.
THREE-CENT FARES IMPRACTICABLE
1.-The committee has taken the theory that
whatever compensation is paid by the COM
pany for it's franchise should be, as far as
possible, in the way Of reduction Of fares.
The consensus of all men who are ac-
quainted with railway traffic and who know
anything about the practical operation of
frst-class systems seems to be that a 3-cent
fare is impracticable unless coupled With a
very low grade Of service. A 3-cent fare
is simply incompatible with good service,
we think. At least we thought it unsafe
to fix 8 cents as a maximum fare. However,
if the city authorities find it practicable,
they may, when they grant the franchise,
themselves fix the rate of fare at 3 cents
or lower, as they see At. The Legislature
simply prescribes a maximum. We have left
it within the power of the city to fix the
franchise for any period less than thirty
four years. There was a feeling on the part
of the committee that the maximum ought
to be fixed at twenty-five years. 1t was pre-
scented TO us that there were legal difficult
ties in the way Of the issuing Of a franchise
for a period of less than thirty-four years,
which have engaged the minds OF the best
attorneys in the country and which at the
most are not free from doubt. If 1t can be
settled to the satisfaction of the city that
a franchise for a shorter period can be
| granted without meeting serious obstruction
from the bondholders, then the city may fix
the period of the franchise at whatever 1t
pleases. / trust the city will succeed in
making the term much shorter. Under the
provisions of this law, the city authorities
nave every opportunity to secure a most
advantageous contract. and the law Sc
hedges them about that they cannot pos
sibly make a bad one.