The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1909-04-24
MORE FLAWS IN
FRANCHISE EXPOSED
Continued from Page one.)

Continued from Page One)
S, which contains the provision for
the motive power, reading amy me-
ehanicaI or electrical power other than
what is known as the third-rail sys-
tenn or steam" 1t appears that under
the mantle of mechanical oil or gaso-
line could be introduced
Left to Boards Discretion.
In section Z, providing for the cree
ton and transmission of power from
the plant to the railway line, the Ioca-
tion of this line is left TO the discretion
of the board solely. As these wires
are the most dangerous of any it is
obvious that specific location should
be designated in the franchise.
In section there is a provision
reading. said grantee Cthe company
shall not operate its cars at rate of
speed in excess of twenty miles per
hour within the built-up portion of the
city of Hammond" The phrase built
up is indefinite, and would allow such
a rate of speed past All Saints church
and school and st. Paurs Lutheran
school. both on Sibley street. east of
Oakley avenue.
Could Be Made Specific.
In section 10, providing as to what
the company may carry. there is again
too much discretionary power vested in
the board of public works, when this
could be made more specific.
In section II the company makes pro-
vision as to fares. rates and transfers.
under the guise of reciprocity with 9TH
er companies which adopt like pro-
visions. AS the company cannot bind
another company 1t is obvious that it
need not respect it's provisions as to
transfers.
Section IL, providing for the method
of arbitration between the parent COM
pany and new incoming companies, is
said by competent attorneys to be I'M
lawful and not in accordance with the
statutory provision.
In section 10, referring to the COM
pany's liability, the language is as fol-
lows:
Provision Objected To.
Said grantee shall be liable for and
save the city harmless from all dam
ages which it may sustain by reason
of injury to any person or property by
reason of the carelessness or negligence
or want of ordinary care of any agent
or servant of other employees of said
grantee in the course of their employ
ment during the construction period or
in the operation of said street railway"
narrow construction could be put on
such phraseology, as it is too limited
as it reads now.
Section 16 provides to indemnify the
city against loss or damage result
ing from electroIysis, but makes nc
provision for the naturalization OF
other corporations or operating con-
Germs. subject to electrolysis.
What appears at first to be a pro-
vision for the forfeiture of the fran
chise is only partial one providing
only that the franchise shall be for
feited in case the company does not
operate in Hammond within six months
and establish connection with Gary
within nine months. Any company act.
ing in good faith would not hesitate
in allowing a general forfeiture claus,
to be inserted. 1t appears too, tina
the city must go to court in order t
establish any damages which it NIGH
sustain and for which it might recov
er under the provision for the SIC, 90
| bond.
Has Desirable Clauses.
! While the franchise which the com
pany has secured in Gary is a fifty
year franchise, it has nevertheless
number of clauses which would be de
sirable in the Hammond franchise. Thi
appears all the more equitable in tina
Hammond Is a larger city than Gar
is and that it promises to keep pac
with that citys growth.
The Gary franchise allows, afte
five years that blocks of eight ticket
for twenty-five cents shall be sold t
the patrons, while the Hammond fran
chise allows only six tickets for
quarter.
Another desirable clause in the Gar
franchise is section 12 reading as fol
lows
No Novelty Elsewhere.
The grantee shall. after said roa
has been in operation for five year
annually pay to said grantor, as cor
sideration for this franchise five pc
cent 60 of the net profits arising frol
the operation of said street railroa
within said town after deducting there
from all cost of operating expense
extensions and repairs within sal
town, and the officers of said town an
accountants selected by them shall
authorized to examine grantees book
to ascertain such net profits"
That this is no novelty is appareI
to those who remember that in Chicag
the city gets 55 per cent. 1t has bee
suggested that in the Hammond fran
chise a clause be inserted that the cit
get everything over an per cent div
dend. the city to have the privilege
inspect the books of the company. TIL
feature of the franchise needs consit
Grafton, and the city council Will NJ
be ready 10 grant the franchise unit
this weature has been given due COZ