The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1907-08-06
City Council Shows Its Hand
For First Time in the Trac-
ton Fight and Will Back
Board of Works.
CITY ATTORNEY STUDY
SAYS D. & w. TRESPASSES
AS Far as He Has Been Able
To Determine, That Com
pany Has No Authority to
Operate Cars on Main st.


Resolved, that the city attorney
examine and ascertain by what right
the Indiana, Columbus & Eastern
Traction company and the Dayton and
Western traction company operate
their interurban cars upon the Main
street of the city of Richmond, and if
upon such examination he shall con-
clude that the Said traction companies
or either of them have no right to
operate their interurban cars upon
said Main street, he is ordered and
directed to prepare and present to the
council at its next meeting an ordin-
ance prohibiting said companies from
operating their cars upon said Main
street
The above resolution was introduc-
ed before council Monday evening af-
ter an address by the city attorney,
reviewing the traction situation, 1T
was unanimously adopted. 1t was the
first time council has shown its hand
in the fight tnat has been waged
against the traction syndicate by the
board of public works.
City Attorney Study after the read
ing of resolution adopted by the
South Side Improvement association
to the effect that the traction syndi-
cate should be made to accept the
terms of the city or be prohibited
from operating its cars on Main street
took the floor and gave an explanation
as to why he had not prepared an
ordinance to this effect.
Mr.. Study Explains.
Mr.. Study stated that an examin-
alton showed that the Terre Haute,
Indianapolis and Eastern controlled
the franchise of the Richmond Street
Railway company and that it operated
cars as far east as the loop between
Glen Miller park and the old driving
park Mr.. Study stated that Prose
cutor Jessup had recently secured the
articles of incorporation of the Terre
Haute, Indianapolis & Eastern from
the office of the secretary of state
vealed that the interurban line operat-
ed into the city from the east to
Eighth and Main streets was the In
diana, Columbus & Eastern. Mr..
Study stated that it was shown that
the Indiana, Columbus & Eastern had
leased to the Dayton & Western this
line for period of ninety-nine years.
Has no Rioht
After explaining this puzzling re-
lation of the subsidiary traction lines
to each other and to the parent line
the Terre Haute, Indianapolis and
Eastern, Mr.. Study stated that so far
as he had been able to determine
the Dayton e Western had no right to
operate cars in this city. He said
that the city could test this right by
filing injunction proceedings in the
city court. but he did not recommend
that this action be taken. Mr.. Study
stated that such action would mean
much delay. Mr.. Study recommended
that the council pass a penal ortin-
ance making it unlawruI FOR the Day.
ton e Western to operate cars in
Richmond. Mr.. Study stated that it is
AioC Oh dSSuiSu IdCl lildI COunCll
could take such action against the
Terre Haute. Indianapolis & Eastern
but that he felt certain that the city
would be acting on its rights in COM
peliing the ID. & w. to cease opera
tions in Richmond I'm other words,
the Dayton & Western would prove
an easier victim than the Terre
Haute Indianapolis e Eastern" Mr. |
Study explained.
Everything to Gain.
The city attorney stated that the |
city in passing such an ordinance as
he advocated would have everything |
to gain and absolutely nothing to lose |
He said that in driving the interur- |
bans off Main street the city would |
have to act carefully and be absolute |
ly sure of ever step taken. You |
can't just take the traction cars from /
Main street and pitch them over the |
he said
The resolution adopted by council |
means that at the next council meet
ing an ordinance making it a penal 1
for the Dayton & Western to
operate cars along Main street will be
passed The ordinance will provide a
stiff fine for each violation and if the
attempts to operate it's cars
the police will have the authority. as
they have under the ordinance prohib-
iting the operation of freight cars on