The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1909-11-30

Continued from Page ID
all in its power to give away the
streets of the city for fifty years and T
to dispose of the birthrights of future
generations for mess Of franchise pot
tage, they may not have succeeded in
their work as well as they thought.
LEGAL OPINIONS HAD.
1t Is understood that a number of
legal authorities have expressed the
opinion that no contract can be en-
tered into except for a consideration. |
and the city OF Whiting gets positively |
nothing in consideration of the grant
ing of this franchise. Castleman gets
all that any one gets out of the fran
chise.
1t is understood that suit viii be
begun at once to invalidate the fran
chise on these grounds 1t is also un-
derstood that the failure of the coun
ell to appoint a councilman to fill the
vacancy recently created may also be a
reason for invalidating the franchise.
MAY OFFER NEW FRANCHISE.
And while Castleman is out trying to
peddle his franchise to some one who
can really build the line it is expected
that the new council will offer a good
/ franchise to the Hammond, Whiting and
/ East Chicago line and that this COM
4 pany will be permitted to occupy GER
( tain streets. No franchise can be
granted that will give street ex-
/ clusively to one company, so that the
1 Castleman company will have TO build
their line to one side of the streets up
on which the Hammond, Whiting and
East Chicago line now operates, if it
builds its line at all
The text of Mayor Edward Smiths
veto was as follows:
ITO the common council OF the city
of whiting:
Il herewith return to you. without
my approval and with my positive
disapproval and veto. ordinance
vember, 1909
In SO doing I feel it but just and
to the interest of the public that
should state at least some Of the rea-
sons that have led me to disagree with
the council on this important matter.
I do this after careful consideration of
the ordinance and with a full sense Of
my duties as mayor, and with great
reluctance that I am compelled to dis
agree with the members OF the coun-
ell.
First, l am opposed 10 the granting
of any fifty year railway franchise.
Second. l believe the great majority
; of our citizens are opposed to this or
dinance, and while a public officer
, should do the right as 1t is given to
him to see. regardless of public clamor.
still an importial and unprecedented view
of the situation usually teaches US that
. the unanimous verdict Of our people Is
one of the greatest methods of ascer-
tanning the justice Of any proposed
measure.
, Third. this franchise contains no
! universal transfer clause. In other
/ words it contains clause which
compels the grantee to accept trans
; fers from other electric lines. Such q
, clause exists in the recent franchises
in Gary and Hammond and would re-
suit - time in allowing our people TO
ride any portion of North township
passins over all electric lines neces-
sary so to do for one fare.
Fourth, No bond is required to be
filed by the grantee conditioned for the
: building of the line. and the granting
5 of the franchise without such bond
gives to any man corporation the
right to use the streets OF the city fol
thirty months purely for exploitation
purposes and prevents the city from
getting other lines which might under
take under penalty to build and op
crate within a reasonable time. 4
franchise without such a bond is I'm
heard Of in modern times and the fac
that a franchise is asked for withou
e such a bond Is strong evidence TO tn,
s thinking mind that it is sought for tn
:. purpose of exploitation merely.
: Fifth. No provision is made for tn
Z weight or heighth of rails to be use
l. or character Of the road bed.
Sixth. The character of the cars I
: be operated are not mentioned. an
n discarded cars from other lines may b
Y brought in and used.
lie Seventh, The character OF electri
W current to be used is not defined, an
T. any current desired by the grantee
might be used.
o Eighth. Too many of our streets ar
r included. No company should ask. an
"a certainly no city administration shout
l. give the right to any more streets tina
10 are necessary 10 operate a direct lin
p through the city. The number and 10
Is cation of streets included in this fran
B. chise are such as to prevent any othe
Ct electric line from getting through til