The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-08-10
CHANGES sGGESTED.


language employed in the several sections
was so modified as to leave no room for
doubt in either instance.
CHANGES SGGESTED.
1--WE requested the attendance before the
committee of Mr.. Winter, representing the
street-railway company, and Mr.. Joss, the
city attorney, and submitted to them the
objections referred to, suggesting TO them
such change in the verbiage of the respec-
tive sections as we believed would remove
all doubt as to their meaning, and make
clear the propositions:
81. That the city should, during the en-
tire period of the franchise. have the un-
questioned right to enforce against the
franchises and property now held by the
Indianapolis company all the provisions Of
its franchise requiring the annual payment
of $4,000, and to also enforce the penalties
therein provided for failure TO pay the
same.
~. That the Traction and Terminal Com
pany should have no right TO charge and
collect fares unless a complete transfer
system should be established and main
tanned.
80 That the lines of railway referred to
in Clause of Section of the Traction and
Terminal Company franchise should be built
by that company in such manner as should
Works, eliminating the clause which left
the matter subject 10 an agreement be-
tween the city and the company.
1T is but fair to state that Messrs. Winter
and Joss. without any hesitation, agreed
to the changes suggested by us, and as
sured us that any changes of like character
suggested by our committee should be
promptly made and without question Ac-
cordingly we suggested the following adj
ditions TO Section 30 of the Traction and
Terminal Company's franchise:
:" Provided. That the right of said city
during the whole period of this contract
to enforce against the franchise granted
by said contract, and all the street-railway
ated by the Indianapolis Street-railway
Company, all the provisions of said ordin-
ance requiring the annual payment of the
sums of money named in said Section II
thereof and the penalties in said ordinance
provided on the failure to pay the same
shall be and is hereby recognized and con-
ceded.'
TIE CHANGES MADE.
I'VE also suggested that the first SEN
tence of Section 10 be changed so as TO
read as follows:
LIT is expressly agreed and understood
however, that the right of said Traction
Company to demand and receive the rates
of fare herein prescribed or any fare what
ever is dependent upon, etc
And that Clause of Section be
amended so as to contain the following
language:
"FSaid Traction Company further under
takes and agrees within three years from
the date hereof to construct and equip, and
thereafter operate a street-car track or
be determined upon by the Board of Public
! Works.
THE suggestions were at once accepted
| by the gentlemen named. and with an
| agreement on their part that new con-
| tract should at once be drawn in which
| the amendments, as prepared by US, should
! be embodied.
1T is also but fair to state that we were
! impressed with the opinion that in the work
! OF preparing the franchises examined by
! us Messrs. Winter and Joss had under
fairly pn1h in ac+e
| the terms of the agreement which had
been entered into by the parties, and that
| considering the history of the transaction
between the various companies interested
| with each other, and with the city, the
| length of the documents and the hurry of
! preparation 1t is a matter of congratula-
| ton that there were more objections
| to the verbiage than were found by us
The interurban franchises, leaving out
! or consideration matters of administrative
policy such as the tax, rates to be charged
and the question of freights. ETC. with
which we had nothing to do, seemed TO be
| substantially In the form as originally
prepared and we do not feel called upon,
under the terms of our appointment, to
| criticise the same"
MAYOR BOOKWALTER'S STATEMENT
Mayor Bookwalter said last night that
he did not know whether he would call a
special meeting of the Council for Monday
night or not. In speaking of the Com
| mercial Club committees report he said
While 1 believe the contract as drawn by
| City Attorney JOSS made safe all the rights
of the city under the Indianapolis Street
railway Company's franchise, | received
! the committees conclusions with perfect
satisfaction. My intention has been at al
| times to fully protect every interest of the
| people. In that spirit 1 Immediately took
! steps to have the contract at once amended
| so that the language approved by this able
| committee should be inserted to leave alb
| solutely no cause for future controversy
over any portion of the Terminal Com
pany's contract. The administration the
| committee and every one else, / take it
was inspired with the same feeling anC
| there can now be no dissatisfaction with
| the language of the franchise"