The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1922-10-19
| COMMISSION RULES
ON Street PAVING
Ordinances Passed by the
Three Cities Regarding
Il. w. & E. G. R'y Held
Unreasonable.

Ordinances passed by the cities of
East Chicago. Hammond and Whit
ing requiring the II. w. & E. c.
Railway Co. to pave with certain
materials between its tracks on the
streets Of the cities are held unrea :
sonable in an order handed down
by the Public Service Commission
Of Indiana
The order was entered in the case
wherein the street railway company
asked to have the East Chicago or
dinance declared unreasonable as a
result of the controversy which had
arisen in connection with the paw
ing of 150th st.
The commission does not say that
the street car company is relieved
of the responsibility of providing a
safe traffic surface for other ve-
hicles on the part of the street oc-
cupied " the tracks. 1t merely
holds that 1t is unreasonable to re-
quire the paving with brick or
cement
Hearing in the matter was held at
Hammond, August Is. The city OF
East Chicago was represented by
Attorney ]. w. Brissey and the
street car company by Attorneys
Crumpacker and Crumpacker
1t was shown that the city had
adopted an ordinance similar to the
ones of Hammond and Whiting re-
quiring that the street railway con-
struct and maintain eight feet Of
pavement over its right of way on
streets which were paved. The East
Chicago board OF works last spring
ordered the paving of 150th st. with
concrete. The street car company
argued that the pavement alone
would cost s7.507 and that placing
its tracks in condition before paw
ing would cost another $1,000. Fur
pairs could not be made to rails and
ties later without great expense and
causing demage to the pavement.
1t was pointed out that the COM
pany had surrendered its franchise
TO the Public Service Commission in
June. 1921, and that its obligations
under the old franchise was thereby
nullihed.
The company also brought up the
subject of jitnevs in showing that
IL was not financially able to stand
the expense OF laying the pavement
1t was said that jitneys had oper-
ated practically unhampered over
the same streets as the cars and
had taken away a large share OF
the roads patronage so that the
line is barely making operating ex-
penses. The plea was made that
the cost OF paving must ultimately
come from the pockets of the street
car patrons who. are least able of
all the people OF the city to stand
the cost.
The company offered to fll the
part of the street around it's tracks
with loose material which could be
rolled to a satisfactory surface and
keep it in good condition. This
would permit making repairs to the
track from time to time.
The commission based it's decision
on the ruling made in the case Of
the Indianapolis Street Railways CO.
in which the conditions were prac-
tically Identical Ths4sdeeision in
brief is as follows:
1T Is therefore ordered and ad-
judged by the Public Service Com
mission Of Indiana. that Ordinance
No. 1902 Of the City OF East Chicago
be, and the same is. hereby declared
TO be unreasonable insofar as said
ordinance requires the petitioner
herein to pave its right of way on
15oth street in the City of East
Chicago with either brick or ce-
ment, and the petitioner herein IS
hereby relieved of the obligation to
pave said street according to the
terms of said ordinance"