The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-13
ELEVATION CASE
THE APPEAL FINALLY REACHES
THE SUPREME COURT.
The ~rfgin Complaint Was Filed ON
July 2, 190o-Transcript in
the Gas Case.

The appeal in the local railroad track
elevation case reached the Supreme Court
yesterday. The transcript is not a very
voluminous document. for the reason that
no evidence was taken in the case, the de-
cision of Judge Carter having been made on
a demurrer filed by the Indianapolis Union
Railway Company to the complaint of the
city Of indianapolis asking for a writ Of
mandate to compel the company to elevate
its tracks. The appeal is styled the State
Of Indiana on the relation Of the city Of
Indianapolis against the indianapolis Union
Railway Company.
The complaint was fled July 2. 1900. and
was a lengthy document. 1t set out in de-
tail the different roads that run from the
Union Depot in this city in an e~asterly
and westerly direction. The roads that
run east are the Cleveland, Cincinnati. Co.
lumbus or Peoria and Benton Harbor d.
visions of the Big Four, the p. c.. c. g.
st. l., c., II. & D., c., l. & L., l.. E. & w.
and j., NJ. & L. railroads. The complaint
AYERS that not less than eighty trains mace
over the tracks of the Union Railway Com
pany going east. The trains that run TO
the west belong TO the Chicago. Peoria and
ST. Louis divisions of the Big Four. the T.
H. * l., l.. D. & w. and 1. Il V. railroads.
and number not less than hfty-seven. The
Complaint states l0dl the streets over which
these trains pass are used constantly by
the people Of the city in passing backward
and forward from different parts of the
city, and that the great number Of trains
that are run. together with the confusion
caused by the clouds of smoke, the blowing
of whistles and the Changing of bells, makes
the passage very dangerous. The complaint
sets out in full the track elevation ordi-
nance passed by the Common Council OF
the city of Indianapolis Aug. %. 1899.
An alternative writ Of mandate was is
sued by Judge Ninson Carter, and TO this
the railway company filed a demurrer Sept.
II. 1900. On Feb. 9. 1901. the court sustained
this demurrer, and afterwards the appeal
was taken as above indicated.
The clerk of the Supreme Court also re-
ceived yesterday the transcript in the APP
peal OF the case brought by the city of In
dianapolis 10 cOmpel the Indianapolis Gas
Company TO furnish sufficient gas for its
patrons. The complaint in the case recited
that the gas company owns more than 1000
acres of gas-producing land in the Gas
field. and asks that a mandate be granted
10 compel the company 10 sink additional
gas wells and lay an additionl line OF gas
mains connecting with the producing gas
apolis In such manner as TO conduct the
natural gas reduced by IL from said wells
into its system of natural gas pipes and
mains In the city OF Indianapolis. The or
dinance or June, 1857. granting the gas COM
pany authority 10 lay and maintain its sys-
tenn Of mains and pines in this city IS set
out I'm full. An alternative writ of man.
damus was granted. 10 which the company
filed a demurrer. The demurrer was sus-
tanned and an appeal prosecuted from the
decision by the city Of indianapolis.