The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-09
ELEVATED TRACK COMMISSION.
A Written Statement Forwarded to
Mayor BOokwalter.


The elevated track commission of the
Commercial Club met yesterday. Eleven
members were present and heard the read
ing of communication which was pre-
pared by the president of the commission,
William Fortune The communication,
which was addressed to Mayor Bookwal-
ter, was concurred in as the expression of
the commission with ten members voting
for it. One did not vote for or against it,
as he said he was in doubt as TO the subject.
The communication as given out by the
mayor after he received it is as follows:
According to public reports. negotiations
have been in progress between yourself
and railroad officials which contemplate the
dismissal of the suit now pending In the
Indiana Supreme Court. involving the ques-
tons of grade crossings as a public nuiS-
ance and the power of the city to require
dangers and Inconvenience of such cross
ings. This suit was instituted to compel
public rights. after over five years of per-
sistent but patient effort by this commits
sion. in cooperation with previous city ad-
ministrations, under Mayors Denny ana
Taggart to induce them to give fair and
reasonable consideration TO the question of
an adequate solution of the embarrassing
problem in Indianapolis. They were al all
times assured that IL they would take UP
the question in their own way, with a sin
cere purpose TO be fair, and make reason
able progress toward doing that which
would be best both for the public and the
railroads, they would be given all aid with
in our power. They either failed or re-
fused to do anything. 1t finally became
necessary to seek protection OF the public
through the power of law, and this course
of action has been vigorously resisted by
the railroad companies at every step. For
four years more the public has patiently
awaited the result of this contest, and the
railroad companies have done nothing to
improve conditions. During these four
years that they have resisted the law they
have killed at crossings nfty-two citizens OF
Indianapolis, and have also seriously in
jured fifty-six, besides slaughtering innu-
merable horses and destroying large num-
Der of vehicles. This is the record. written
in blood, to which now point. 1t tells
something of what the fight has cost the
public. After this long delay, when a de-
cison from the Supreme Court is now ex-
pectcd to be near at hand, dismissal or
the case would add outrage TO injury.
While the public has been at the mercy of
the railroads, the railroads have been mer-
CHESS. IL they are now willing to be just,
we believe they should be met in a spirit of
fairness, but not with surrender of any
opportunity the public may have gained for
compelling just regard for their rights. Even
would put the city in no worse position,
while a favorable decision would bring to
it adequate relief, and, as the principles of
law involved in the case have been upheld
in other States, We expect them to be held
good in Indiana
A VALID CONTRACT.
eff the railroad companies will enter into
valid contract giving to the city no less
adequate relief than it would be entitled
to under decision fully upholding the
pending litigation there might be no need
thereafter of pressing the case in court. so
far as Indianapolis is concerned. but until
such a point is reached we protest against
the dismissal Of the case.
AN offer merely of viaducts and safety
gates would be no consideration for the
dismissal of the suit. The city already has
clearly unquestionable power to compel
these wherever there may be need of them.
They are, besides, inadequate for thorough
fares of travel. In many of the progressive
cities they have been abandoned as made
quate. 1t would be a backward step for
indianapolis. in other respects now one of
the most progressive cities in the country.
TO accept such makeshifts at this stage of
its development. The plans of relief that
nave been demonstrated to be best both for
the public and the railroads those
which provide for the removal of tracks
from public levels of travel. These plans
are accomplished by elevation or depres-
sion of tracks, often by some elevation of
tracks and some depression of streets under
the tracks. These plans We have been ad-
vised by the highest authorities in Amer
lea are as practicable in Indianapolis as in
| operation. We have not heretofore and
| DO not now urge any radical disturbances
of freight house or switching facilities,
and according to our advice from civil en-
gineers this would not be necessary.
This commission has consistently sought
only that which is practicable, and which
| is best both for the railroads and the pub
| lie. We offer no pet theories, we advocate
nothing that has not been demonstrated
by experience to be the best for all con-
cerned, but we believe that public rights
snould De paramount to all ether consid.
| eratlons. We believe that there should be
| absolute fairness in dealing with the rail-
roads, and If they cannot so deal with the
| city 1t is better, we believe, for the city to
stand on such rights it aintain
| under the law.
I'VE ask at this time that YOU and others
| whom you may call into your counsel may
| give full and careful consideration to such
facts as We have collected during our many
| years OF work. We will submit this infor-
nation later whenever opportunity is Of
fered. In the meantime we hope that prog
ress may be made toward amicable settle
ment of the pending question, securing to
the city adequate protection of the rights
OF the people. and at the same time fair tC
| the railroad cOmpan ies'