The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-05-07

OnO VI JhC uOoI iii pOl JduL uIlll
The Indianapolis fight Is part of
the general warfare between
electric railways and busses, which
is Statewide because Of the new law
placing busses under control of the
public service commission,
SIX Reasons
Six reasons are set out in the pro
test against granting the local
motor bus company certificates Of
convenience and necessity for four
main routes of service. The routes
challenged are the New York St.
route, the Central Ave. route, the
Riverside route and the Brightwood
route, all Of which nave been in
operation more than ninety days and
which, in accordance with the law,
are to receive certificates regard
less Of the question of convenience
and necessity.
Objections to granting certificates
to the so-called ninety-day routes,
as set out by Will II. Latta and
d. e. Watson, attorneys for the In
dianapolis Street Railway Company
follow:
1. The Peoples Motor Coach Com.
pany has not been In lawful oper.
alton over the designated routes for
ninety days continuously, prior to
effectiveness of the act, has not been
operating under contract and has
not complied with city ordinances
requiring detailed description of all
vehicles in use.
2. Operation of the motor coaches
has not been lawful because the com
pany docs not have the corporate
power to use the public highways OF
the State Of Indiana for its personal
and private gain by the collection OF
tolls and fares from people being
transported over said highways"
3. There Is no State law nor city
ordinanc permitting the company to
charge 10 cents fare.
4. The application docs not show
or attempt to show the said COM
pany has been lawfully operated, nor
does 1t show or attempt to show the
source Of its authority for operating
and the remonstrant alleges that
before the applicant can have a GER
tificate issued to him he must show
operation was pursuant to some spe-
cific grant"
5. Routes of the Peoples Motor
Coach Company were designated to
draw directly from the present street
railway patronage. The Indianapo-
lis Street Railway Company has in
vested more than $4,000, 900 in its
system and 'is being unprofltably
operated largely through unrestrict-
ed. unnecessary, unjustiflable motor
transportation competition. operated
without authority Of law"
6. The Moorhead law "deprives
the Indianapolis Street Railway
Company Of equal protection OF the
law. in violation of the constitu-
ton of the United States, as
amended, and the Indianapolis
Street Railway Company claims pro.
United States and AYERS invalidity
OF Section 2, Chapter 46, Acts Of
1925. authorizing certificates of con-
venience and public necessity to car
riers on presentation Of mere fact
that competing carrier has been in
operation ninety days"
In connection with the local fight,
another angle in the anticipated war
fare between electric and motor bus
carriers waH brought to light in an
opinion submitted to John w. Nc
Cardle, chairman of the public
service commission by Arthur l..
Gilliom, attorney general
Gillioms opinion was in answer to
a question put to McCardle by Of
fcials OF the Terre Haute, Indian
garding "lawfulness of the operation
Of interurban motor busses prior to
effect Of the present act"
Opinion Asked
From the nature Of the opinion,
1t was evident that the traction Of
ficails had asked McCardle how it
was within the legislative power to
grant a bus line a certificate con-
tingent on proof of lawful operation,
when there had been no law cover.
ing the subject originally. Traction
men evidently sought to show the
law unconstitutional, inasmuch as
busses operated practically unre-
-t.,s.. I.f l,t.
into effect.
Gilliom's opinion summarized the
question as follows:
Carriers operated over rural high
ways, without franchises, were not
operating unlawfully. but were op-
era ting at the sufferance Of the
State, subject to the exercise of a re-
served police power"
Gilliom held that motor bus op-
orators would be entitled to certifi-
Gates Of convenience and necessity,
even though they might have op-
Grated without express authority.
The street railway company also
plans to duplicate service of the Peo-
pies Motor Coach Company IL the
public service commission grants the
company's petition filed Wednesday.
The petition asks right to estab-
lish three lines running from Mon.
ument Circle. one to Central Ave.
and FiftyFourth St, one to River
side Park, and one in New York St.
to Emerson Ave. with branches 10
Tenth st. and Butler College, and a
fourth line as a feeder extension on