The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-27
Another Scheme of Legislative Appor-
tiOnment Presented in a Measure
by Mr.. Bamberger.
RAILROAD COMMISSION BILL
NEW METHOD PROPOSED OF INyEs-
TIGATING COMPLAINTS.
Republicans of the Senate Have FINN
with the MinOrity-Business of
the Day-Sidelights.

Representative Ralph Bamberger, of the
Marion county delegation, introduced a
bill in the House yesterday afternoon that
is Of especial interest to Indianapolis as
1T concerns the vexed question of track
elevation The bill was referred to the
committee on the affairs of the city of
indianapolis. of which Representative
Muir is chairman.
The bill, If 1t becomes a law will oh
viate the necessity of a decision by the
Indiana Supreme Court in the track ele-
vation case now pending before that body.
as 1T anticipates a possible adverse de-
cision by empowering the Board of Public
Works in any city of a population exceed
ing 100000 to compel the elevation of any
or all surface steam railroad tracks or
switches which the board may declare a
nuisance. Furthermore, however, the bill
provides that the railroads shall not be re-
quired to bear all the expenses of the ele-
walton Of their tracks.
The second section of the bill provides
for the assessment of benefits and dam
ages to adjoining property arising from
the elevation of tracks, the assessment TO
be levied in the same manner as the as
sessment of benefits and damages in the
construction of main sewers and drains in
this city is provided for in existing laws.
Section 8 then provides that the total cost
of the elevation shall be divided between
the railroad companies and the propertv
benefited at the ratio of so to 20 per cent.
In discussing his bill Mr.. Bamberper
said last night that he was not welded
to the so and 20 per cent. ratio, and that
no a
bill with the fdea of arriving at an eoui-
table division of the cost of such improve
ments The ratio may be altered by the
amendment of the committee that has the
consideration of the bill
TEXT OF THE BILL.
The full text of Mr.. Bamberger's bill is
as follows:
IAN act defining the powers of boards
of public works in cities of more than
100000 population according to the last
preceding United States census with re-
spect to the elevation of all steam railroad
tracks and switches; providing for the
expense of the same by the assessment of
property specially benefited thereby and
otherwise; for the collection of the same
and declaring an emergency.
Section 1. Be it enacted by the General
Assembly of the State of Indiana that
the Board of Public Works of auy CITY
of this State having population of more
than 10000 according to the last preceding
United States census shall have the power
to declare any surface steam railroad
tracks switch within the limits of such
city nuisance and TO order the elevation
of the same. and upon failure of the owner
or owners of such track or switch to begin
in good faith within thirty days from the
date OF such order to execute the same.
the said Board Of Public Works shall i'm
nediately proceed to contract for the eye
cution of such work as hereinafter pro-
vided
Whenever the said Board of Public
Works shall order the elevation of any
track or switch il shall adopt a resolution
to that effect. setting forth clearly a de.
scription of the track switch to- be eIe-
waited, together with drawings and specifi.
cations for such work. Notice of such res
olution shall be published once each week
for three consecutive weeks In some daily
newspaper OF general circulation in said
city, which notice shall state that on tb<
day named therein the board will hear All
CONTINUED ON PAGE 4. COL. a.