The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-06-19
THE INTERURBAN RAILWAY SIT
IATION.


The interurban railway situation has de-
vcloped some interesting questions, the
right settlement Of which calls for careful
considerat ton and cautious action. The in
terests involved are important even now.
and likely to become much more so with
the development of the electric railway sys-
tenn which is sure to come within the next
few years. Considering the location of this
city and the general character of the sur
rounding country, II is not unlikely that the
next decade may see it the most important
electric railway center in the country. 1t is
highly important. therefore that the status
Of the lines and their relation to the city
should be correctly defined at the begin
ming. The interurban lines are destined to
prove valuable factors in the development
of the country and feeders TO the city, and
they are entitled 20 the largest degree of
liberal treatment consistent with municipal
and popular rights.
The questions now under consideration
relate TO the carrying of freight by the in
terurban lines. the points being, first.
whether they have right to haul freight
at all; second. IL So whether they may haul
it over the tracks of the Indianapolis
street-railway within the city. While the
carrying of passengers will probably be
their main business. the public interests
require that they should also be permitted
TO carry freight, and such seems 20 have
been the intention of the law authorizing
authorizes
take. transport. carry and convey persons
and property" The term property COW
ers all kinds of freight, and there is no re-
striction on this construction in any other
part Of the law. If the Legislature had in
tended to restrict the operations Of interur
ban roads to passenger traffic it could cas-
lily have done so. but. on the contrary, it
used language which cannot be construed
in any other way than as meaning freight
as well as passengers. The right OF the in
terurban roads to carry freight from town
TO town seems, therefore, to be clear, and
the public interests require that it should
be asserted and maintained.
The right of the interurban roads to haul
freight over the tracks Of the Indianapolis
company within the city is extremely
doubtful. The city company itself has not
that right. without the express consent and
approval of the Board of Public Works.
Otherwise its charter rights are confined to
passenger traffic. Even if the indianapolis
company had a right to carry freight, it is
doubtful If it could extend the right TO an
interurban company using its tracks. The
law authorizing the use Of such tracks
| says:
Any company so contracting with said
| city shall permit the use of its track or
tracks by any incorporated suburban or in
| terurban railroad company from the cor
porate limits, or from the nearest connect
ing point within the corporate limits of
such city to some central point in such city,
for the purpose of discharging and receiving
| passengers with the right of such company
to run its cars thereon to some loop and re-
turn thereon out of said city, whenever
such use has been permitted by the Board
of Public Works and Common Council of
said city by contract approved by ordi-
/ nance.
This is the only provision of the State law
authorizing the use of city tracks by an in
! terurban line. and it clearly restricts such
use to passenger traffic. The city ordi-
| nance ratifying the contract between the
| Board of Public Works and the Union
| Traction Company authorizes the latter to
| carry passengers, express matter, baggage
! and freight on it's cars Gin and upon the
streets of the city of indianapolis" but it is
doubtful If the city could authorize an in
| terurban company to use the tracks of the
/ city company for a purpose from which
4 that company is itself barred, and which
the Legislature did not include in its grant
of power relative to the use of city streets.
AS the law now stands, ii seems clear that
both companies and all companies are
barred from hauling freight over or
through the city streets and equally clear
that the interurban companies have right
to haul freight from town to town. The
| conclusion would seem to be that the latter
! should be required to establish freight ter
Ininal stations al such points will not ne
cessitate the use of the city company
| lines for freight. If this is inconvenient il
is because the law fails to make different
provisions. The difficulty could be quickly
solved by the Legislature. and ought to be
| in the interest of interurban electric line
freight business. The development of this
business is likely to be the great feature
of the next few decades, and nothing should
| he allowed to hinder or retard it,