The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-01
STREET-RAILWAY LAW.
(CONCLUDED PROM FIRsT page,

CONCLUDED FROM FIRST PAGE)
streets shall, at the expiration of the time
so fixed or attempted TO be fixed. absolutely
expire. and the company is then authorized
to remove its tracks, etc. Ii is further
provided by said section that not later
than nine months before said time ex-
pires such city, through its Board of Pub
lie Works shall open to free competition
the further occupancy for a period not ex-
ceeding thirty years of the streets of such
city" subject TO the conditions and limi-
I'm such competition no company now or
hereafter organized for such purpose shall
be excluded" If the occupying company
is not the successful bidder and elects not
to remove it's tracks, etc, then provision is
made that the company that is successful
in the competition may institute pIoceed-
ings to condemn such property. Section s
is especially important. and therefore we
quote ii i'm fun: Nothing contained i'm this
act shall ne so construed as 10 take away
from the Board of Public Works and Com
mon Council of any such city the exclusive
powers now exercised over the streets
highways. alleys and bridges within such
city. or the rights and powers now pos
sessed by such Board of Public Works and
Common Council to enter into contract
with reference to the use of the streets
alleys and public places in such city for
street-railrOad purposes, except i'm so far
as such powers and rights shall be affected
by contracts entered into pursuant to the
provisions of this act, and except as such
powers are reserved To such city by the
provisions of this act Section 10 of the
act Is as follows. III snail ne unlawful
for any railroad company operating under
a contract secured under the provisions of
this act or an emplOye Of the same TO
charge or receive any greater amount for
fares than that provided for In this act
and il shall be unlawful 10 fail refuse TO
keep on sale tickets as provided in this act,
and any one violating ally OF the provisions
of this section shall be fined in any sum not
TO exceed 500 Section 80 of the Indian
apolis charter q Burns's Rev. 1901, Section
$500 provides. among other things. that
the Board OF Public Works of said city is
granted the right, subject 10 the approval
of the Common Council ito authorize and
empower by contract. telegraph. telephone.
electric-ight, gas, water. steam or street.
car or railroad companies 10 use any street,
alley or public place in such city, and To
erect necessary structures therein. and To
prescribe the terms and conditions of such
use. TO fix by contract the prices to be
charged TO patrons"
CITY'S FREE HAND.
Section 9. that we have quoted above.
when subjected to proper Interpretation
and construction. is broad enough TO au-
thorize the statement that it gave 10 the
city an absolutely free hand in the grant
ing OF a street-railroad franchise, TO take
effect in praesenti except as In the act pro-
vided. with reference to reservations in the
contract. We base this conclusion primar-
lily on the language of said section. Ii puts
upon the power of the city TO grant street
railroad franchises the limitations as 10 the
form OF contract provided for In the other
portions OF the act. thus fusing IL with the
rest OF the act and recognizing In the very