The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1915-05-15
COUNTY BRINGS
SUIT TO ENJ0IN
new CAR FARE
Hoelscher's Complaint Al
leges T. H., 1. & E. Forfeit
ed Franchise Rights to Ma
tiOnal Road Right of WAY.
EXPECTS DEMURRERS
Traction Line Issues COmmu.
ters Tickets to Western
Wayne Towns at Unusu-
ally Low Rates.

Sult, enlOlnlng the Terre Haute In.
dianapolis and Eastern Traction com.
pany from charging more Than one
ana two-thirds cents per mile fare and
alleging that the traction company has
forfeited its franchise rights of using
the National road as a right of way
by the act of raising fares to two
cents mile. was filed in circuit court
today by County Attorney Hoelscher
lot the board OF county commissioners,
inc county commissioners unanim.
ousiy accepted the report of the com.
plant made by Mr.. Hoelscher against
tne traction company and offered to
employ the best obtainable LAWYERS in
tne county to assist the county attor-
ney MT Hoelscher refused assistance
lot the present, declaring the suit
would never come to trial but probably
VIII be decided entirely by demurrers.
The second paragraph to the suit is
regarded as the most important and
is the one Attorney Hoelscher expects
to win out on.
Asks for Injunction
This paragraph asks the court for 2
perpetual injunction against the ,rac.
ton company, enjoining il from own
urbans and carrying passengers as a
common carrier over the National
highway from the west city limits of
Richmond to the west boundary line
OF Wayne county
This is asked on the grounds that
Section IA of the franchise. which fol-
lows, has been violated:
Sec 14.-This franchise and the
rights and privileges herein granted
snail be in force and effect for a
period OF sixty years from and after
the adoption of this resolution hy said
board OF county commissioners and
the acceptance in writing of all the
terms hereof and the giving of bond
hereinafter provided for by the
grantees within ten days of date of
| such adoption. Provided that the fail
ures OF the grantees their successors
and assigns, to keep any one or all of
the above obligations shall work
| forfeiture o. all the rights and priv
ileges herein granted"
Means New Route
This was one of fifteen conditions
on which the franchise was accented
April "a. 1900. by John Lontz auo
Perry j. Freeman who later trans
| ferred it to the traction company. Ii
| the county is successful in this mar,
of its suit. it will mean that the tract.
ion company must purchase a new
! right of way across the county auo
move its tracks from the Natioua.
| road.
The section fixing the rate, the suit
says. is plain. The part in effect
since 1902 follows: AT the expiration
OF two years from the time that said
railway is completed and running its
cars regularly the said grantees. their
successors and assigns. shall not
charge more than one and two-third
cents per mile for each passenger for
one continuous trip. the minimum fare
| to be charged 10 be five cents
Il believe the interurban company
cannot be enjoined from charging two
cents mile" said Mr. Hoelscher to
the commissioners. Il believe that tha
company can be forced to leave the
National road or reduce the rates to
conform with the franchise To move
the tracks would be such a great ex-
! pense. the company probably will look
deeped into the case before taking
such action if the court sustains nv
beliefs. The traction company did not
have 70 charge TWO cents mile but
{
the public utilities commission"
| Issues New Tickets.
Mr.. Hoelscher did not ask for a re-
straining order because such pro-
| cedure would cause immediate cess
alton of interurban traffic and in case
| the county loses the suit. il would be
liable for damages, he said For this
reason. no action will be effective
against the company until the final
| Judgment of the court
! The traction company has now is
sued commuters tickets good for
| twenty rides which must be taken in
| one month. These tickets are cheap
er than the former rate The round
| trip rate to Cambridge City was forty
! five cents and has been raised to sixty
cents. The round trip thirty day COM
mutter tickets cost thirty-eight cents.
| The round trip rate on these tickets
| between Richmond and Centerville is
/ less than fifteen cents. The / 900 rate
| good any item. is $3.50 or approx
| mately one and three-quarter cents a
mile.