New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-12
CHICAGO TRACTION PLAN.
a TWENTY YEAR LEASE.
Mayor Dunno against Ordinance
Proposed by City RmI1cay Co.


posals Of the Chicago City Railway Company to
the transportation committee OF the city Council
for settlement Of existing street railway fran
chse rights along municipal ownership lines given
herein are received by Of the closest students
Of traction matters for years the greatest step
yet taken toward settlement Of the question.
Others doubt the sincerity Of the representatives
Of the traction company. The view is expressed
that. while the ordinance drafted by the company
would be highly acceptable to them they do not
expect affirmative action the measure
It may be accepted as a fact that if the proposed
measure passes the Councils conmitte and the
Council itself Will be vetoed by Mayor Dunno
and it would be impossible for the Council to pass
the measure over the veto, the necessary ma
jority IN favor Of the ordinance does not exist.
The traction people, however, in a position
view the situation with more or less eouanirnity,
IS they in possession Of the streets, prob
aby Will be long after Mayor DUNES OF
Office expires. and that of several of his successors
IS we'll.
The legal difficulties in the way Of condemnation
proceedings ara considered wellnigh insurmount-
able by turtsts of the highest standing. They do
not question the right of eminent domain the
part Of the city but they point TO the fact that the
law has never recognized the application Of that
right simply TO achieve a change in ownership
Its purpose has always been 10 effect change
IN ownership in order TO devote the condemned
property higher public service. Condemnation
Of the city railway property by the city would not
Re for the purpose Of elevating the use of the
property so acquired. but would simply be for tho
effecIlrg
devoting the property to the same purposes
Aside from the legal difficulties there the
francia1 obligations which the city is not in q
position TO The only expedient the city has
is the Mueller certificate plan authorized by a bill
which became law in the last session OF the legis-
1srrre AS much Of the street railway property
involved is of the United States courts
under receivership proceedings. the courts would
have 10 assent to any financial arrangement that
might be made It is known the Mueller ceruf-
Gates are not looked upon with favor owing to the
feet that they simply bonds and In case Of
default on the part Of the city the property would
-ecessarilv revert to the owners The position is
taken that, while the property might represent
given value at time the city took it there
Is no knowing how great deterioration might not
take place in the course of years under municipal
management
MAY ABANDON DUNES PLAN.
Navor DUNES contract plan is not even in a fair
vsv Of adoption and eventually will be abandoned.
r is believed by those familiar with the situa-
ton Other expedients necessarily will come up
and Be disposed of, but meanwhile the companies
will continue possession OF the streets and must
rnodernize their equipment and introduce improve
rneuts TO keep their property from becoming value
less. L is stated by expert lawyers that ten or
fifteen years of active litigation would probably be
necessary straighen the matter out. If it is not
possible compromise between the city
and the companies.
Every step in the traction proceedings under the
law goes back 10 the people on & referendum vote,
and the referendum clause attached to the ordi-
rance now pending before the Council committee
Is Of such character TO indicate that its spon-
sors were oontr1ving to defeat the proposed ordi-
nance at the polls. Il is provided that If the
majority Of electors voting at the city election in
April. 1906, shall vote against the ordinance 1t
shall once cease 10 he operative. This provision
for q negative vote, rather than an affirmative one
IS 8 novelty never before attempted in the case
OF any law submitted TO the people on a referen-
dun this State
dunno WILL NOT APPROVE.
Actual diclering between the traction interests
and the City Council committee will begin next
week IN preparation for this. Mayor Dunno is
preparing q careful and exhaustive analysis Of
the proposed. ordinance. which ne has already de-
clared hinlseIf unwilling to approve. The ffty-six
aldermen the committee are decidedly non-corn-
initial but Mayor Dunno is expected to have a
majority when he lays his legal objections to the
measure before the committee. Aldermen who
hare expressed themselves about the measure indi-
cate that in its present form it would not be &C
ceprabIe to tie Council. but that IT can be made
satisfactory by certain important alterations and
Qualifications
Il even ID indicated that the ordinance rs not in
the shape in which the company expects It to pass
the Council There are several features contained
IN Il which are meant for trading purposes solely
The prospects for the measure do not appear TO be
very bright but out OF negotiations It is fully
expected that some course Of action will he evolved
which while not entirely satisfactory 10 either
see oo I9 is reaSirg Vigilance in any de-
80 beoaT7ss II is getting down actual neEot1a-
lions; the contrary, each Is pressing ~ 80
pending over traction matters as hard as II can;
There is e race between the city ana me
company 10 obtain a decision from the Onlteo
sLsIeE SuP PRESTON. brief has been filed in
washington BIZ traction interests 10 support a mo
ton advancing the 9ppeals from &C. seTne
time city is stTalnlng every nerve W
fT18ga Dupuy On October 16 advanced to The, su-
yreTa C01Irf Of Illinois in time 70 get q ufCLStJlL
before the federal court can act decision by
The state Supreme Court Is e1pStso " a
favorable TO the city {h6a fo % the Supreme Court
- re T@nI1ed states makes decision might nave
grAa+ weight with the federal Judges
THE PROPOSED ORDNANCE
Forov;ng are the important provisions Of the
ordinance in part;
sac+ion / Twenty-year franchise, providing i tnat
CITY may purchase at any time after IA 1870 &c and
Sec ?. Company shzn ieCO+191 ~
Sec Company shall use overhead tT0l teyvn
loops north Of Poik-st "Iiels ~ IS+or test on
leys shall be used il found Ieasioio d
Sc I All Of conpanys feeder wires IN cen sI5
traI portion Of city shall be aid over
same rule shall apply to al Is S +1s
sac II Sew cars shall be Of best kno %aon5
out running footboards, well hSaleo 'N1
WIN Two SEE E I cars postal and cars Tor
the carriage Of parcels ana pacAe50S NO. -
a5 go % t9 Tglp9vS NAV make bargain With CITY
for sweeping and cleaning enure oJ,Sft s1eepingS
occupied by company ana lot IelIOo
secs II and Is Straight cent 1are 10. az neI
children between and u years OF IS rs soVh5town
gents Universe! transfers except ~ ~
district north Of Rth-st-
COMPENSATION TO THE CITY
Sec. 20 Compensation fixed at following per sa-
cenases Of gross receipts: First three yea. Ar