The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-06-30
Injunction Proceedings Drop
ped for New Plan Instituted
BY Prosecuting Attorney as
State Officer.
MOULD DECIDE QUESTION
FOR ALL TIME In FUTURE
EompIaint Alleges Board of
Works and Council Acted
Without Power in Awarding
Park Privileges.

Quo warranto proceedings were in
etituted in the Wayne circuit court
this morning to stop the work now
being done in Glen Miller park by the
Terre Haute Indianapolis g. Eastern
Traction company, preparatory to lay
ing trackage for the freight route.
Judgment is asked against the compa-
my. The court took the matter under
Rdvisement. The litigation is some
what different from customary in cases
of injunction as no restraining order
will be asked for, but straight judg-
ment petitioned. The suit is brought
by the State Of Indiana On relation of
Wilfred Jessup, prosecuting attorney
of the Seventeenth Judicial District,
VS.. the Terre Haute Indianapolis Il
Eastern Traction company. 1t was
intended to bring the proceedings yes
terday afternoon, but they were delay
ed.
IS
It is alleged in the complaint that
the contract entered into between the
board of public works and the defend
ant company for the use of the portion
of Twenty-third street located in Glen
Miller Park was entirely beyond the
power of the board and that the COM
mon council had no authority to rati-
fy 1t. The relator demands that the
defendant show by what right and au-
thority it is proposed to construct and
continue it's lines of track through the
park.
The contract agreement is inserted
twice in TIE complaint. the first time
as contract and the second as embod-
ded in the ordinance adopted by the
city council. The complaint consists
Eof about twenty-five typewriter
pages. 1t was not prepared in time to
be submitted to the court until too late
to receive consideration today. The
court stated he is entirely unfamiliar
with the facts alleged and must take
time to pursue an investigation.
The action on the part of the prose-
cutting attorney makes him appear
tion of the Indiana statutes. The law
demands that quo warranto proceed
ings be instituted by the prosecuting
tattorney ex rel. This prohibits the
prosecutor from undertaking the use
of the names of those citizens of the
East End, who were the most active
opponents of the Twenty-third street
proposition as parties to the complaint
1t is set forth in the complaint that
the City of Richmond is municipal
corporation organized pursuant to the
laws of the state of Indiana and that
the defendant, Terre Haute, Indian
hpolis & Eastern company. is street
and interurban company with it's main
offices at Indianapolis and organized
also under the laws of Indiana. The
defendant is named as owner and op-
orator of line of street and interur-
ban railway on the Main street of
Richmond from the east boundary to
near the west boundary, on Fifth
street from Main to North D streets,
on Eighth from Main to North E
streets and on North E street from
Eighth to and iato a certain park
owned, controlled and maintained by
the city, and known and designated as
Glen Miller park.
The complaint AYERS further: THAT
said Main street line is used for small
cars designated and known as city
passenger cars and also for other cars
used to carry passengers, express and
baggage from other cities and towns
distant from said city of Richmond; !;
that certain contract terms exist
whereby the defendant company and
other similar companies agree to car
iry freight matter on said street in
cars 40 feet long and upward; that at
the present time it is the intention of
the defendant company to conduct,
maintain and operate lines of freight
and passenger service through the city
of Richmond: that the city of Rich
mond is a fourth class city as desig-
mated in the acts of the general assem-
bly, of the state of indiana in force
April ii, 1905: that the city of Rich
mond controls and maintains a certain
public park owned by the inhabitants
and that this park is situated north Of
MAIN otiSSs anu tbS SoutiluduCS east
ward known as the National Road and
upon which is line of street and in
terurban railway owned by the defend
ant company and east of Twenty-sec-
ond street which crosses Main: that
the management and control of the
park is vested In the city and the Off
GERS thereof and that pursuant to the
ordinances of the city previous to
June IS. 1908, said corporation could
not by its franchises owned or ac-
Quired, conduct or maintain along
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