The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-13
CHANCE FOR CHEAP COAL
CITY,s RIGHT To FIX INDIANAPOLIS
sOUTHERN's RATES.
Prominent Attorneys Discuss Ques-
fion in Relation to Franchise
for New Railroad.

Mayor BOokwalter has announced that If
the indianapolis Southern Railroad comes
into the city at all it must enter as coal
road, and the mayor intimates that the
Southern must agree TO haul coal for con-
sumption by indianapolis citizens at rea-
sonable rates, no matter what the future
develops in the ownership OF direction OF
the road. He inclines to the view that the
franchise that will be drawn for the ac-
ceptance of the owners of the road must
contain some provision in regard to the
maintenance of fair rates for transporting
fuel from the mines that the Southern will
touch.
The stand which Mayor Bookwalter has
taken the question brings up the point
whether or not the city authorities can
compel the Southern to accept a franchise
binding il TO haul coal to the city at rates
acceptable to consumers OF the future Ii
is doubted in some quarters that the Board
OF Works has a legal right 10 force the
Southern TO sign franchise insuring rea-
sonably low coal rates in return for grant
OF a right of way. 1t has been said that
while the board has a right 20 demand con-
cessiOns from the road in matters Of con-
struction touching anything which pertains
TO the road within the limits of the city, il
has no legal right TO demand from the road
concessions which refer TO its operation
outside the limits OF Indianapolis REQUIRE
ment TO maintain low coal rate il Is said.
cannot be made. because the hauling of coal
by the Southern does not concern the city
as a municipality. but is for the benefit of
fndiVtdual citizens, hence outside the iuris-
dsctiOn of the board MANY who take the
view above given recognize that the impor-
tance OF the Southern to Indianapolis lies
Ia NRn foot
forded more facilities in obtaining much
needed coal, and earnestly hope that the
authorities may get around the point in
satisfactory manner.
On the other hand. the consensus of opir,-
ion, as expressed by Off-hand replies of
well-known Indianapolis lawyers TO inquiry
concerning the legal right of the city to de-
mand such a concession in partial return
for franchise. indicates that the Board of
Works Is legally empowered TO take such
action.
OPINIONS OF ATTORNEYS
w. II. II. Miller under General Harrison
attorney general OF the United States. said.
1T is big question. and without careful
study OF all the points involved hesitate
10 answer il. However. simply as an Off
hand opinion 1 will say to the Journal that
the city has right TO compel the road TO
maintain what shall be determined reason
able coal rates for the future in return for
the right TO enter the city. 1t has been
held number of times that in granting
street-railway and water franchises a mu-
nicipality may insist upon the adoption of
rates fair 10 citizens In regard TO the
Southern question / believe the city NAV
legally require the road 10 haul coal M a
rate the board shall determine 10 be IA -
John W. Kern. city attorney under Mayor
Taggart. said that the question is a mat
ter OF contract merely, and the city has a
perfect right in the contract 10 compel the
road 20 do what shall be determined right
and proper. The fact that the city has the
right % confer a franchise implies that il
has the right 10. demand certain lust con-
cessiOns I'm return The point made by Mr.
Kern Is that II the city secures the sigma
lures OF the officials OF the road 10 a con-
tract IN which is included section binding
the road 20 haul coal cheaply there will be
no breaking away from the instrument on
the part OF the road
Albert Baker. OF the law firm OF Baker
a Daniels, holds that the city may require
low coal rates from the Southern in return
for the gift OF franchise. a municipality
having the power 20 grant a right OF way
has the power 20 fix such thing as coal
rates. he said Mr.. Baker makes another
point In connection with the question 10
the effect that the enforcement OF "A coal
rate would depend upon whether the city
gives the road IFS own right az vrsx-f or
Instance. the PCgue's run route, demanded
by the Southern.
Addison c. Harris. in talking, to Secretary
Hunt. OF the Commercial Club. gave II as
his opinion that the insertion OF a section