The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-06-19


routes which said company shall use for
either passenger or freight trafic when
ever the route OF routes then in use. IN
the judgment Of the Common Council.
cause the streets TO become Distracted 10
such an extent or in such a manner as TO
endanger the safety Of persons in the law
full and proper use thereof. or TO such an
extent as TO unreasOnably and injuriously
hinder and delay travel traffic thereon
by pedestrians or vehicles but such power
shall remain in said Common Council with
out limitation or impairment by any pro-
vision of this contract
sIGNERs TO PETITION.
This petition has been signed by the fol-
lowing firms:
J. L. Reach. schnull & Co. Arthur Jor-
dan. Seyrup & Co. Elgin Dairy Co. Geo
Hitz & Co, ]. w. Griffith & Co. 5. ~.
s. Co. J. w. Newman * Co. American
Dairy Co, F. r. Smith Fruit and Produce
Co. The Western Produce Co, John Blum
Robert Hawkins. Clayton Produce Co.
indianapolis Candy Co. The Bright &
Binkley Coffee Co. J; r; Ryan & Co. g.
Co. Bessire & Co. J. NJ. Ninci Co.
Union Manufacturing Co. a. kiefer Drug
Co. Griffith Bros. Fahnley & McCrea Mil
& Pohlman. VIM. II. Armstrong Co. Ha-
vens x Geddes Co. J: II; o'Boyle & Co.
Geo. W Stout Co. Hendricks-Vance Co.
Hide, Leather and Betting Co, Central
Rubber and Supply Co. Jas. r.. Ross *
Co. Indianapolis saddlery Co. VIM VIE
gel, Taylor * Smith. George Wolf. Crescent
Paper Co.. kOthe. Wells * Bauer. Holl-
veg & Reese. Fairbanks. Morse & Co.
Ward Bros. DruS Co, 9. p. Lesh Paper
Co, c. \. Schrader, NJ. O'Connor & Co.,
QncD
The shippers committee has fortified
itself legally with opinion from Elliott.
Elliott & Littleton. lawyers. This opinion
'.'rhe original street-railway act does not
seem 10 contemplate the carriage OF
freight. But the interurban act Of 1901 q
Burnss Rev. St. Ind, Sec 546Sa, Clauses
and y provides that any interurpan street.
railroad company shall have power TO take,
transport. carry and convey persons and
property on its said railroad, and railroad
systems, and 10 receive tolls or compensa-
ton therefor and that IL shall have power
to regulate the time and manner In which
passenger and property snail De trans
ported. and tolls and compensations 10 be
paid therefor, provided. however, that
nothing contained in such act shall take
away from the towns and cities the power
TO regulate and fix the tolls and compensa-
ton for transportation within such cities
and towns. or give any company the right
to construct or operate railroad IN any
city or town without first getting the con-
sent OF the proper authorities OF such city
or town.
1901, provides how the contract with any
city containing 100000 or more inhabitants
shall be made. and in general what IL shall
contain, except that other additional terms
may be agreed upon not inconsistent with
those stated in such section. IL also con-
tains the following provision: Should SAID
company habitually, continually or conun-
uously violate any OF the provisions OF this
act, or fail 10 comply with the ordinance
approving said contract or such other ordl-
nances as are passed by the Common Coun-
Gil under the provisions Of this act, then
said company shall forfeit all its rights
title and interest in or TO the use and occu-
pancy of the streets, alleys and highways OF
said city for railroad purposes, its contract
and franchise for the same shall be at an
end and the prosecuting attorney of the
county in which such city is located shall.
upon written complaint OF 500 resident free
holders of said city stating wherein said
company shall have violated the terms OF
such contract or ordinances or provisions
of this act, bring an action in the Circuit
or Superior Court of the county I'm which
such city shall be situated relation OF
the State of Indiana TO forfeit the said con-
tract and franchise and declare the same at
an end
"It is doubtful whether, as against abut-
ting property owners, unless they have
consented thereto or are estopped TO raise
the question such a company can carry
freight along street, and especially along
a country road. without paying them COM
pensation as for a taking of their land. IN
other words, the weight of authority, and,
we think. the better reason, is 10 the enect
that such railroad, carrying freight, is an
additional burden.
In conclusion the opinion says:
"Our conclusion is that If the company
| has any power under the statute 10 carry
! freight at all IL can be compelled To do so
/ in Indianapolis under penalty of having It's
franchise therein forfeited, out that~e->
| city has no power TO arbitrarily hE-freight
4 rates charges o. tolls, nor TO control the
| same, further than TO agree with the COM
/ pany with reference thereto or 10 prevent
! vent the charge OF clearly arbitrary or IN
reasonable rates"