The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-10
Failure Of Legislature to Pass Law
Giving City Necessary Power
Will BE Cause.
POWER OF CITY RESTRICTED
MAY NOT RAISE FUNDS TO Pay POR-
TION OF THE COST.
Plan for Elevation and Depression
Involving Pogue's Run Sewer
Must BE Abandoned.

The failure of the Legislature to pass any
law relating to the power of the city of In
dianapolis in the abatement of grade cross
ings has left the city practically powerless
According to the opinions of the city attor-
ney and railroad attorneys the grade cross
ing commission. which has made much
progress in Investigating local conditions
can accomplish nothing more effective by
any recommendations it may make than to
create an advisory basis for future negotia-
tions. 1t was hoped by remedial legislation
to vitalize the work of this commission
The first bill drafted by Assistant City At
torney Hay met the two important de-
ficiencies under the charter-the absence of
power to raise money to bear any part of
the expense of track elevation and the in
ability of the city to deal with the sewer
problem consequent upon the elimination of
Pogue's run.
Under the decision of the Supreme Court
the city has not the power to require track
elevation under the present charter. 1t is
the general opinion of attorneys that the
charter does authorize the city to enter
into contract for the elimination of grade
crossings by elevation or otherwise 1t is
also conceded that such contract involves
the city in paying large share of the work
of reconstruction. 1t would have to include
this stipulation because the railroads would
not voluntarily assume all of the cost. III
such contract were ready to be signed the
city could not enter into IL for the reason
that there is no way according TO the ex-
listing law by which the money to pay the
city's share could be procured. The bonded
Indebtedness Is within $4,000 of the consti-
tutional maximum: there is no power to
levy tax for such a purpose; the general
funds of the city are absorbed by present
necessities. Knowing these conditions, the
law drafted by Mr.. Hay included a pro-
vision authorizing an annual tax or cents
in addition to other legal levies for track
elevation fund exclusively.
ELIMINATION OF POGUE'S RUN.
The scheme of eliminating Pogue's run is
regarded as essential to any plan for sue
cessful elevation and depression in the
downtown district. The elimination of
this stream will make a large storm-water
sewer through its district necessity. I'm
der the charter the city is now powerless to
deal with this question, as the sewer would
not be a necessity under the drainage laws.
and it's cost could not, according TO the
lawyers be assessed against district. Mr..
Hays bill covered this point also.
1t is now believed that the only course
the embarrassing commission may take is
TO invite the railroads to appear before II
and submit their ideas of Embarrassing
relief. II is recognized that there is moth
ing to bind them, and also that, in the alb
Sence OF power on the part OF the city 10
pay portion of the cost, the railroads are
not likely to favor continuance of negotia-
TONS But the effort is probable before
the commission adjourns.
Chairman Bennett said last night that he
would call meeting of the commission in
few days. He said he was not advised
fully to what steps would be taken, but
he thought the commission would proceed
as far as Ii could hopefully.
The advocates of track elevation say
that they will continue their campaign for
A. ol.o ,nnt nf Org dnnOQrC
and will make a special effort to be forti-
fed in the next Legislature, so that a law
giving the city power TO require the sep
aration or railroad and street grades may
be passed.