South Bend news-times. (South Bend, Ind.) 1913-1938, 1920-02-11
CITY ATTORNEY
PROBES STREET
! RAILWAY CASE
Legal Machinery of City in
Action to DiSfranChiSe
Car Company.

Following tho action Monday night
or the city council ia instructing the
city legal department TO proceed at
once toward the forfeiture Of the
street railway franchise OF the Chi
cago. South Bend g. Northern In
diana Railway Co. on an South Bend
streets. city Atty. Thomas W. Slick
Tuesday began an investigation OF
the company's present franchise and
the law relative TO forfeiture Of pub
Tic utility franchises.
The city attorney said Tuesday
that ne will go into the matter
thoroughly. giving the instructions
Of the city council every considera.-
ton. The enforcement Of the street
car company's franchise is under the
Jurisdiction OF the city council The
company I'm 1917 failed TO avail it,
self OF n law enacted ia 1913 by the
Indiana general assembly giving all
public utilities IN the state the right
10 surrender their franchises TO the
Indiana public service commission,
receiving in exchange from the COM
mission a general permit for opera
ton. and going directly under the
Jurisdiction Of the commission.
Fail 20 Surrender.
The public utilities were given
from 1913 10 1917 TO make the sur
render of their franchises. but the
south Bend street car conn any fail
cd 10 surrender It's franchise 10 the
commission within the required per
iod. Later an attempt was made by
the company, TO go under the jur-
isdiction OF the commission. but the
attempt failed.
According 90 prominent attorneys.
the course TO be followed by the city
against the street car company TO
forfeit its franchise is to brinE suit
i'm either the circuit or superior
court. charging no fulhllment of its
contract with the city.
Members OF the city council Mon
DAY night declared that IL is neces-
sarv for the city 20 take extreme
action in order 10 provide the pub
Tic with needed street car service.
Councilman c. 4. Byers. who start
ed the action against the company
declared that the present service is
wholly inadequate. and that il would
be better If the city itself would
take over the lines and operate them
municipality
Flooded with Protests.
The council lately is said 10 have
been flooded with angry protests
from citizens generally, demanding
that some action be taken to force
the company 20 observe the terms of
it's franchise I'm regard TO service
schedules and sanitary cars.
Mayor Carson Tuesday said that
he did not want 20 make any state
ment regarding the proposed action
Of the council until he had given the
matter more thought.
Il do not believe the city should
take over a dead horse, said the
mayor
The mayor expressed the belief
that the company has been operat-
ing under hardships during the past
few weeks. and attributed this as a
cause for much OF its present in
adequate service.
George H. WheeIock. president OF
1.-The Chamber OF Commerce. does not
ibelieve that hasty action should be
taken by the city IN attempting to
forfeiture the street car company S
franchise sir WheelOck declared
that municipality owned street car
lines have not been a marked sue
cess
Explains Attitude.
p r. Smith. general manager Of
the street car company, said that
he would rather take matters up
with the board Of directors Of the
company before he made any for
'lnal statement regarding the pro
Irosed action OF the council
THE attitude OF the company
would probably depend greatly upon
ljust in what way the city would 20
,sbout 20 take over the company
hines" he said
'If the city would want TO pur-
lchase the company's lines az fair
valuation OF the physical property
THE attitude OF the company might
mot be one or extreme opposition
he continued.
The company has been greatly
Handicapped during the last 80 days
ERid Nrr. Smith. lover 40 of our con-
ductors and motormen have been
sick during the past four weeks. and
half OF our shop force has been of
owing 20 sickness" Mr.. Smith gave
sickness Of the employees as the
cause OF the present poor service
being given BY the company