Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1922-03-09
SHANK TOTAKE
UPQUESTION OF
STREET PAVING
Asks Opinion as to Whether
Car Company Can Be
Forced to Act.
FAIRVIEW PARK DEAL UP

Declaring there are a number Of badly
needed street improvements being held
up Mayor Samuel Lewis Shank today
announced he mas asked Corporation
Counsel Taylor E. GronInger to find out
whether the Indianapolis Street Railway
Company is going to pave between car
tracks, and whether the city can compel
the company to do so. At the same time
the mayor asked the corporation counsel
to ascertain If the city legally could
abrogate its claim that the utility owes
it $500, 900 in franchise taxes in return
for the transfer to the city by the COM
pany of title TO Fairview Park
The track paving question has been q
yexatiOus one to city officials for years.
Under the franchise the company was
bound to pave between tracks wherever
and whenever the city paved the rest Of
the street The company, however, did
not carry out a number Of such improve
ments and the board Of works in the past
five years never has made a serious effort
to force it to.
FRANCHISE SURRENDER
RAISES QUESTION.
When the company surrendered its
franchise last summer there arose a ques-
ton as to whether the city could con-
tinue to order paving between tracks.
Corporation Counsel Samuel Ashby, of
the Jewett administration, maintained
that the city had such a right. Street
railway officials said there was considera-
bic doubt about this and indicated they
would rather the public service commits
sion pass upon it. The utility men said
they thought there might be some fair
ness in requiring the company to keep
up track paving once it was laid. but
they did not believe 1t right to tax It
for the original cost
Mr.. Ashby contended that the com
pany in falling to pay its annual IN
stallment Of $4,000 on the franchise tax
when it was due, allowed the fun amount
Of 100000 to become due. The lapse
occurred some time before the franchise
was surrendered, and Mr.. Ashby fled a
suit in a county court to collect the
100000. This still is pending.
ASKS ADVICE ON
FAIRVIEW PARK GIFT.
Mayor Shank said he had asked Mr..
GrOninger, Mrs. Ashby's successor 20 de-
termine whether It would be good
policy and legal for the city to dismiss
the suit and accept the gift Of Fairyicw
park from the company in payment Of
the alleged delinquent tax.
There's no use in paving these streets
NHeE6 street CdE lFdchS are located I'M
less the racks are paved, too" said the
mayor. The pavements won't last where
the tracks are left open and I don't
think we ought to saddle the taxply-
ers with the expense when we know it
won't last. But there are streets that
must be improved. We've got to find out
right away if the company is going to
pave between the tracks, and If we find
out 1t won't, and we can't force It to pave
We might as well face the fact that we
have to pay for the paving ourselves and
set II over with. I've asked Mr.. Gronin-
ger to go carefully into the whole mat
ter. don't expect Wen have a de-
cision for several days, though, because
he IS very busy with other corporation
matters"
The mayor went to Greencastle to speak
to the Kiwalis CluL' at noon today.