The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-06-19
SHIPPERS COMMITTEE.
Petition for Interurban Freight Ar
rangements-A Legal Opinion.

While the interurban conference was in
progress members of the shippers commit
tee of which ]. L. Reach and G.. D. Griffin
are the most active. were present. This
committee has prepared itself for a cam
paign to force the city administration to
fix maximum for freight charges in the
interurban franchises. Petitions have been
in circulation among shippers for a week
and are still in circulation, and the commit
tee reports that not one has refused to sign
and that nearly all ask to be permitted to
aid the movement with more than their
written Endorsement. The petition which is
being circulated is as follows:
Whereas, Under a franchise granted the
Union Traction Company Nov. A. 1901 the
city OF Indianapolis has not been given the
freight service therein specified to wit
temporary freight service from and after
the granting of the franchise and perma-
nent freight service with a central freight
depot TO be established not later than $50
days after the granting of the franchise
which period expired May 4, 1902: and
whereas, The Union Traction Company
could, by naming prohibtive freight rates
comply with its franchise by rendering
merely nominal freight service and
Whereas, The interurban railroad traffic
Is In It's infancy, and as the extent TO which
the use OF the streets will be affected by
the tranc OF the companies is an unknown
quantity 1t is advisable to vest fuller power
route or routes for passengers freight and
property; and
Whereas, The Board of Public Works
has since approved the franchise TO the In
dianapols & Lebanon Traction COMPANY
which franchise is Identical with that
granted the Union Traction Company
CHANGES RECOMMENDED
I'VE therefore respectfully petition the
Board of Public Works and the Common
Council to add the following amendments
TO any franchise that may be granted any
traction company and to require that the
Union Traction Company accept these
amendments as part of their contract with
the city of Indianapolis, and petition the
mayor to refuse his sanction to any ordi-
nance granting franchise 20 an interurban
railway company that does not contain the
additions amendments herein petitioned
for.
THAT Paragraph of the agreement or
contract between the Board of Public
WORKS and the - company be amended
by adding thereto after the words line of
railroad operated by said company at the
close or said paragraph, the following: The
company shall in no event charge or collect
tolls or compensation for the carriage of
property or freight in excess of those
charged by ordinary commercial steam
rallroad companies for the carriage of the
same or similar classes of property or
freights and the Board of Public Works
and the Common Council of said CITY shall
have the right to fix and determine the
freight service. tolls, compensation and
rates from time TO time as may be deemed
just and reasonable by said Board of Prb-
nc Works and Common Council: provided
however, that the rate shall in no instance
and a no time be In excess of that of com
merclal steam railroad companies The
Common Council shall also have the power
and right to prescribe and regulate express
parcel freight rates or tolls that shall be
charged by said company. The Common
Council shall have the right to designate
over or upon what streets freight or other
property shall be transported or hauled
mat Paragraph of said contract and
agreement be amended by adding after the
words through any of such streets alleys
and avenues at the close of such section
the following: The company shall estab-
hsh and maintain a freight service in such
manner as the Board or Public Works or
the Common Council may direct as soon as
the depot hereinbefore referred 10 is Dro-
vided. which depot shall be provided by
said company within $50 days from the date
OF this contract And said company shall
receive and deliver from and 10 connecting
carriers and lines all property and freight
required 10 be carried by il when Skinned
from, TO or over any connecting carrier or
THAT paragraph u OF said contract or
agreement be amended by adding thereto
after the words is hereby expressly
waived at the close OF such section the
following The terms and provisions of
this contract shall apply to any company
which succeeds to said company. party OF
the second part herein by purchase. con-
solidation or otherwise. or in any manner
controls said company. party OF the second
part, and such successor or controlling
company shall be governed by and comply
with all the terms and provisions of this
contract
|. THAT said contract be amended by add
ing 10 the last clause thereof Immediately
after the words is hereby expressly
waived the following: That nothing herein
contained shall be construed as limiting or
abrogating the power OF the Common
Council 10 designate other streets or