Indianapolis Journal, Indianapolis, Marion County, 8 April 1893 — Page 2

THE INDIANAPOLIS JOURNAL, SATURDAY, APRIL 8, 1893.

TTTTT J. .FLORENCE ECLAT! ECLAT! ECLAT! Men's tafitvft nre frequently discussed, and adverse criticism passed on tbo smell and smoko of a cigar. Moral: Smoko Florence lOcent Ciprnr. PATTON The W. STATE AGENTS TEN-CENT CIGAE. KIOIIMOnSTD, IISTD.,

BROS

f treet to Alabama street: on Alabama street, Xroiu Market p treet to Tenth street. RouteU On Fort Wayne avenue, from Alabama street to Central avenue; on Central avcpse, from Fort Wayne avenue to Seventeenth street. Koute 10 On Sixteenth itrect, from Collego avenue to Central avenue. Koite 11 On Pennsylvania street, from Wasulncton street to Seventh street; on Seventh Street. Irom Pennsylvania street to lalbott avenue; on Taltx)tt avenue, from Seventh street to Tenth street; on Tenth street, from Talbott ovemm to Central avenue. oute 1- On Illinois street, from Washington streei to Twenty-sixth street; on Twenty-sixth tree;, from Illinois street to Mississippi street. lioute la On Twenty-sixth street, from Illinois street to Meridian street. Koute 14 On Twelfth street, from Illinois treet to Michigan road; on Michigan road, from Twelfth street to Fall creek. Kouto 15 On Market street, from Illinois to Tennessee street; on Tenueasee street, from Market street to Ohio street; on Ohio street, from Tennessee street to Mississippi street; on Mississippi street, from Ohio street to Thirteenth street; on Thirteenth street, from Mississippi street to Illinois street. Kouto 1G On Indiana avenne, from Illinois street to West street; on West street, from Indlna avenue to fclxth street. Koute 17 On West street, from Washington Itreet to New York street; on New York street, from West street to Blake street; on Blake street, from New York street to Ithode Island street. Koute IS On State street, from West WashIcKton street north to White river, thence alon the west bank of White river to Michigan street; on Michigan street, from White river to Belmont avenue. Koute 19 On Virginia avenuo, from Washington street to fehelby street; ou euelby street, from Virginia avenue to Raymond street; on Uaymoad street, from rinelby street to Gartiold 1'ark. Home '20 On Prospect street, from Virginia avenuo to Hester street. Kouto 21 On South street, from Vlnrinla arecue to Fletcher avenue; on Fletcher avenue, frombouth street to Fine street; on Fine street, txom Fletcher avenue to English avenue; on English avenue, from Pine street to State street. lioute On at street, from Virginia avenue to Raymond street. Koute 23 On Meridian street, from Washington street to Louisiana street. Boute 21 On Illinois street, from Washington street to Russell avenue; on Hussell avenue, from Illinois street to Meridian street; on Meridian street, from liussell avenue to Pleasant run. Boute 25 On South street, from Illinois street to Delaware street; on Delaware street, from bouth street to Madison avenue; on Madison avenue, from Delaware struct to Nebraska street. Boute 2G On Sonth street, from Illinois street to wen street; on West street, from rJouth street to Morris street; on Morns street, from West street to White river. Koute 27 On Kentucky avenue, from Washington street to Kiver street: on River street, Xrom Kentucky avenue to White river. Boute 28-On Georgia htrcet, from Meridian Street to Illinois street. Koute 2U On Louisiana streer, from Illinois Street to Tennessee street. bee. 4. Said party, of the second part shall not have the rljcnt to build or operato a street-car line upon any of the streets, avenues, alleys or public places of the city of Indiauapolls. or the extensions thereof, except such as are specifically named herein, until permission and authority Jo to do has been obtained from the Board of 'ublio Works and approved by ordlnauce passed by tho Common Council of said city; provided, however, tnat In addition to the linos herein tpecihed the party of the seeond part will be cranted tho rlht to build a line extending from Washington street to the city limits, both north and south, on such streets as may be designated by the Board of Publlo Works, passed by the Common Council of said city; and provided further that the party of the second part shall discontinue any of said lines herein specllled r hen agreed to by the Board of Publlo Works and said party of the second part and approved by ordinance passed by the Common Council. TAX ON RECEIPTS AND FARES. . Geo. 5. In consideration of the above privileges granted to the party of the second part, Its successors and assigns, said party of the eeormtl part fully agreos and hereby binds itself, its successors and assigns, to the following terms and conditions, namely: Sec 6. The right hereby granted to the party of the second part to operate such street-railway lines shall bo limited to a period of thirty Tears, commencing with the day of 1 s J J, and ending on the day of , 1VJ23. For the first five years of said period the party of tho second part shall pay to tho controller of the city of Indianapolis, quarter', the sum of not less than two and one-half er cent, per annum of all cross receipts. After tho expiration of said first nve years and during tho next live years of said period tho party of the second part shall pay tne city controller, quarterly, tho sum of not less than tlvo per cent, per annum on all gross receipts. During the next live years of said period not less than six por cent, per annum of all gross receipts, and for the remaining term of the contract not less than seven percent, per annum on all gross receipts. In , each case said per cents, shall be ou fares for pansengers and said percent, of gross receipts shall be in addition tp any and all taxes charred against the party of the second part ou the tax duplicate of tho city of Indianapolis. Sec. 7. The said party of tho second part shaii put registers in each aud every car, and reg:ter thereon the fare of each individual as the fare is collected; keep an accurate statement showing the date, number of oar, cumber of trips and amount or number of fares collected on each trip on each car; prepare a monthly statement ot the same and exhibit to said controller such books, statements, documents or papers whereby he may ascertain the amount clue such city. The payments herein required to be mads to such controller shall bo made on the fth Gays of January, of April, of July and of October of each year during said period of thirty rears, and shall include tho per cent on truss receipts of the party of the second part for the quarters ending on the last days of December, March, Juno and September preceding said dates of payments. Said statements no made to laid controller shall be sworn to by the president and secretary of the party of the second part and tiled with said controller. At each date ttxed for the tiling of said report the Mayor of (he city of indlanapolU shall appoint a committee of three, who shall at any time within a penod of sixty days after tho tiling of such Itatement with the controller examlno books sud accounts of said company to ascertain it luch report is correct, and said party of tho second part agrees to facilitate such examination la every way by glviug said couiuiltteo iree aotess to all books containing necessary information. bee. 8. Tho fare for each passenger carried Dpon any line or routo of said party of the secDud part, when a single cash fare is paid, shall be not more thau live cents, which shall entitle the passeujrer so paying to the beneilt of all conditions as to transfer, provided, however, that tickets shall at all times to kept for sale by conductors of all cars run ou an)' portion of the line or lines of the aid party of the second part. Six of said tickets shall be sold for tho sum of twenty-five cents, and each of said tickets shall entitle the holder thereof to passage and transfer upon tne lines ot said party of the second part to tho same extent as if said holder had paid a single cash fare of hvo cents or lets. Children threo years of ago and under shall be carried free of charge, bee. i. The said party of the second part shall, upon the acceptance of this contract, uud its approval by the Common Council of said city, establish and maintain a transfer system from cars on each of its lines with cars on any othei of its lines, by means of tickets, which shall bo supplied by the conductor to a passenger who has paid his fare either in cash or with tickets, such trausfer tickets shall only be good for a continuous trip, and shall be accepted as fare by the conduct r of the car on the line to which such pasener Is transferred, but no transfer shall be obligatory to or from points beyond the city limit. It Is understood that no transfer hall be made through or by means of a transfer car or other station established in tho street. PAVING AND SWEETING TRACKS. Eeo. 10. Said party of the second part shall pay for the paving between all rails, including the space between tracks where there are double tracks, switches or side tracks, aud for a distance of eighteen inches en tho outside of the outaide rails of its tracks with granite blocks on concrete foundation, if tho party of tho second part so elects, or with the same material as is used on the street on which such trucks are laid. When any street on which said pa: ty of the second part constructs and maintains its tiucks is ordered to be improved by aid Board of Public Works, or h.ta bceu ordered improved and tho work not completed. aid party of the second part shall bo a:e:;H'd forsn much of said street improvement as in included between tho rails of the tracks, lf-track and switches, aud for eighteen Inchi-s on th. outside of each track, side-track or switch, including the whole space between all tracks, where there are double tracks, switches, or Mde tracks, and shall promptly pay such aseminent or assessments at the timo and in too manner that tho same are paid by abutting rro; erty holders who do not take the bcuelitof tho ten-year plan. The distance between tho inside rail of double tracks shall not exceed six feet. Whenever any street, or street, have been paved or otherwise Improved with any material ttiilereut from that bttwevntle track, tracks, side tracks or switches ot Mi id coiiipaity. tlirjr tubal, at the option ot the B urd of i'uMic Wt:rks, be paved or improved by f aid bo.ird with the same kind of material ns the rest of the street, or with granite blocks on concrete foundation, if the party or the second part m elects, and the cot thereof charted to and paid by the said party of the second part In tho amo manner as street improvements are now pai l ror by abutting property holders who do tiol take advantage of the ten year plan. Aud further, ou streets that have been heretofore paved, on which there are now street-car tracks, and the paving of that part of such street as Is occupied by such tracks has been paid for by the abutting property holders, then and in that lass tho sail party of V'.e second

part shall. , withia one year after tho passage of the ordinance confirming this contract piy Into the city treasury the cost of so much of said pavement as 1. included between all rails, including the space between tracks, where there aro double tracks, sldo tracks or switches, and fora distance ot eighteen Inches on the outside of each rail of each track, and such sum shall bo paid, xro rata, by said city treasurer, to the property holders to whom the eostof said improvement was assessed uoon tho tiling with him, by the Board or Publlo Works, of a statement showing the amount assessed against each of said person. In cane the party ot t lie second part shall fail or refuse to comply with any or all the requirements of this ee.etion. then and in that event all the rights and privileges herein granted shall be subject to immediate forfeiture and revert back to tho party of tho first part and this contract, in all things, shall become null and veld. Sec. 11. said party of the second part shall keep the space between, all rails of all tracks, sld'j tracks and switches and for eighteen Inches on the outside of each rail of each track, ki te track and switch, including the spaco between tracks where there are double tracks, switches or side tracks, Jn good coudition and repair, renewing the same from time to time, whenever, in the judgment of said Board of Publlo Works, it becomes necessary. At all street and sidewalk crossings, cn streets which are not paved, the space between all rails of said party of tho second part, and for a distance of ten inches on . the outside of the outside rails, shall be planked by said party ot tho second part for a distance equal to the full width of the street and sidewalk crossed by said tracks, and the same shall be kept In repair at all times. In case, la the opinion of the Board of Publlo Works, any repairs shall be necessary, either to tho line, roadway or otherwise, tho par y of the iirst part shall notify the party of the second part, in writing, to make such repairs, and If suoh repairs aro not made within a period of ten days after euch notification, the said party of the first part may enter and make such repairs at the expense of the party of tho second par', and in case said second party fails to pay said expemo within thirty days after the party of the tirst part renders a bill for the same, then tho party of the tirst part shall have a right of action against the party of the second part on the bond tiled by said party of the second part to secuie the fulfillment of certain of tho conditions and obligations ot this ngreemeut. See. 12. Whenever tho party of the second part has a line, or lines of track upon any street, or streets, that are being swept, cloaned or sprinkled by publlo contract, then tho cost of sweeping, clcanlug or sprinkling sa much of said street as li occupied by their tracks, including the space between tracks, whero there are doublo tracks, side tracks or switches, and for a distance of eighteen inches ou the outside' of each oatslde rail of the track, side tracks and switches shall bo assessed and charged to trie said party of the second part in the same manner as the rest of the street Is charged to abutting -property holders, but In case the said party of the second part shall elect to do its own sweeping, cleaning or sprinkiug. then it may do so, provided it cleans, sweeps or sprinkles to the satisfaction of tho Board of Public. Works, and as often as the rest of the street is swept, cleaned or sprinkled; and provided, also, that the party of the second part removes from said street the sweepings, as is provided for In tho contract between the city and the contractor who sweeps or cleans tho portion of the street not occupied by said street-car track or traoKs; and in all cases when ; it becomes necessary to remove snow or lee from said tracks or sidings, it shall be distributed evenly over the surface of the balance or said street, so as not to interfere with the tree use and occupancy ot tho same by the public. In case the party of the second part shall neglect or refuse to comply with all or any of the requirements of this section to the satisfaction ot tho Board of Public Works the party of the tirst part shall cause the same to be done and charge the cost thereof to the party of the second parr, and in ease said second party fails to pay said expense within thirty days after the party of the first part renders a bill for tho same the i the party of the first part shall have a right of wctlon against tho party of the second part on the bond filed by said party of the second part to secure the fulfillment of certain of the conditions and obligations of this agreement. SUBJECT TO APPROVAL. Sec. 13. The track or tracks of said company with all switches and loops, shall be located on such portion or parts of the streets of suoh city as shall be approved by tho Board of Publlo Works, and the party of the first part reserves the right to designate on what streets double tracks shall be laid and on what streets single tracks shall bo laid. Before entering upon any street, for tho purpose of layiug tracks therein, tho party of the second part shall tile with the Board of Public- Works a plan showing said tracks, side tracks, switches and all constructive details, which shall be approved by said board beforo the work is begun. Sec. 14. . The section of all rails used on new lines and for renewal ou any line shall be approved by the Board of Publlo Works, but no rail shall be used that will in any manner interfere with the lree and unimpeded passage of vehicles, with suitable openings at all gutters, so as to permit the tree flow of water under the same. All tracks and rails shall conform to tho grade of tho street as now established, or as may hereafter bo established, by the party of the tlrot part, and subject, at all times, to be taken np aud relaid at tho expense of the party of the second part, whenever deemed uecessary by the party of the first part, for the purpose of regrading or paving said street, constructing sewers, -or any other public improvements. In caso raid rails or trxcfc shall not be of the character aud conform to the grade of tho street, as above provided, the Board of Public Works shall notify said party ot the second part thereof, and in cave said party of the second part shall fail to repair the same within ten (10) days from tho time of receiving said notice, then the said Board of Publlo Works shall have the right to enter upon said track and make said repair or Improvement and charge the oot thereof to said party of the second part, aud in caso said seeond party fails to pay said expemo within thirty days after, the party of the flint part renders a bill for the same, then the party of tho first part shall have a right of action against the party of the seoond part an the bond tiled by said party of the second part to secure the fulfillment of certain of the conditions and obligations of this agreement. Sec 15. The said rarty of the second part shall use only such motors, cars and equipment as are strictly first-class; shall maintain the same In good condition and provide for conductors, lu addition to moiormen or drivers for all cars; keep the cars painted and clean; provide for the heating and lighting of the same by electricity or other means acceptable at all times and In nil respects to tho Board of Publlo Works; provide all cars with the most approved life guards, and maintain all such property in good aud safe condition, all of which Khali be subject to the approval of the said Board of Publlo Works. Sec. 1U. Any improvement undertaken by or in the name ot the party of the first part, or by any contractor for said first party, for the Improvement of any street, alloy, sidewalk or crossing, or for the construction of any sewer or drain, shall not bo impeded by the party of the second part, its agents or employes, hut said second party shall do all lu its power to advance such improvement by tho moving of its traoks and poles, and relaying and replacing the same when it becomes necessary, at its own cost. Tho party of the first part shall protect tho party of the second part as much as possible by feeing that the contractor for any work for it does not lntcntloually, negligently or maliciously delay the same to the detriment of the party of the second part. Sec. 17. Should It be necessary. In the prosecution of any public work, to stop entirely the operation of cars, it may bo done by order of the Board of Public Works, and in such case tho party of the first part shall bo held free from all claims for damages by reason of such delay to the business or trattio of said party of tho seoond part. Seo. IS. In times of danger from fire or other cause the chief engineer of the fire department or any member of the Board of Publlo Safety may order any wire or wires belonging to said party of the second part cut and tho electric current stopped until such danger is past. Tho cars belonging to said party of the second part shall not, at any time, to allowed to run over any hose belonging to tho fire for co of said party of the first part. "OWL CARS" PROVIDED FOR. Sec. VJ. Cars shall be run over the lines ot said company on a time schedule not exceeding ten minutes between the running of each car, between tne hours of 0 o'clock a. m. and 11:30 p.m., and not less than one car eaeh hour thereafter until G o'clock a. ji., but upon said cars run between tho hours of 1 o'clock a. m. and 4. o'clock a. m. the company shall have the rhiht to chargo the sum of ten cents per passenger; and it Is further provided that upon such lines as may bo agreed upon by the Board of Publlo Works and said company the party of the second part may be relieved from running such ears after 12 o'clock midnight until otherwise directed by tho Board or publlo Workn; and provided, further, that the party of tho second part agrees to run cars upon any or all of their lines at such intervals wf time as may be necessary to provide ample facilities for the accommodation of the public. ' Sec. 2o. The speed of cars shall not exceed ten miles an hour; provide!, that tho speed shall be reducMl to ix miles an hour at such street crossings as the Board of Public Works ruay require and direct. All ears shall stop at the furllu-r s:du or each street crossing for receiving and dUcharglntr pi spencer. For the violation of the requirements of this section the party of the second part shall be subject to prosccutiou under any ordinance now lu force or that may 1h hereafter pasned by tho Common Council for the regulation or such matters. sec. 21. The party of tho !lrt part shall not be liable Independently or jointly with tho party of the second part for any accidents that may occur through the construction of the lines of street railway, or the operation of cars or motors of tho party of the second part, whereby any injury or damage shall result to persons or property. The rarty of the second part agrees to par any Judgment, with costs, which may be obtained against the party of the first

r&rt,i

either alone or jointly with tho party of tho

second part, on account of any injury or damage so caused by the fault of the party of the second rart. and also the party of the first part shall not be liable to the party of the second part, or to any other corporation, partnership. Individual or individuals, whatsoever, for any claim or damage growing out of. or in any wise connected with, tne granting of this franchise or contract to the said party of the second part, and tho said party of the second part agrees to bold the city of Indianapolis free and harmless from any such claim or damage, and to defend, at Its own expense, the rights and privileges hereby granted. Seo. 22. The party of tho second part shall complete and have in operation at least six miles of the lines specified in this contract within six months after its approval by the Common Council, and all the Hues herein specified shall be completed and in operation by Nov. 1, 1D4; provided, that the Board of Public Works shall direct the order in which said lines shall be completed and may extend the timo for the completion of any of said lines when, in the judgment of said board, the delay Is not caused by tho lault or negligence of the party of the second part; provided, however, that should the construction of oue or more of said lines or the carrying out of any of tho provisions of this agreement be delayed by the injunction or order of any court of competent Jurisdiction, the time so lost shall be added to tho time herein specified, within which the same shall be constructed; provided, further, should the completion or operation of the main portion of said lines be deayed by the order of any court of competent Jurisdiction, ana which order shall be made solely by reason of any frauchlse or grant heretofore made to any other company or companies, and that said party of the second part shall have, in good faith aud by every reasonable effort, resisted the granting and continuance of said order, and shall have used every reasonable endeavor to comply with its said agreement to construct and operate said lines, the time so lost Khali be added to the term ot this agreement; provided, that said extension shall not be for a longer time than for three years; provided, however, that the city or Indianapolis shall havo the right to intervene in any suit for any injunction or restraining order to restrain the said party of tho second part or in any suit involving the carrying out of the provisions of this agreement and move for the dissolution of the injunction or other order in case such suit shall be deemed by said city to be collusive or for the purpose of delay or of extending tho timo for the completion of said work, or the performance of any of said conditions. Seo. 23. Bhould said party of the second part at any time sell or lease its property and nt hta herein granted to any other company operat ing other lines In the city of ludianapolls, or should said second party, by and through any further grant hereafter made to it by the party of tho ttr&t part, make any extensions of it lines within said city, or purchase any lino or lines of any other company, then said party of the second part, its successors or assign, ball furnish, without extra charge, to each" passenger so desiring it a transfer ticket which shall be good for fassago on any car on any other line or linei beonglng to the company issuing such ticket. Such transfer tickets shall be issued under the same provisions as are hereinbefore provided. CITY OPTION AND EXTENSIONS. Seo. 21. At the expiration of the term of this contract, to-wit: , or In caso of forfeiture by reason of the party of the second part falling to comply with ocrtaln ot the conditions of this contract as herein specified, the Board of Publlo Works ot said city may, at its, discretion, the same being first direoted by an' ordinance passed by the Common Council, order a just and fair appraisement of all property, both real aud personal, necessary for the operation of said road and purchase the same ut said appraised value, to be held as the property of said city of Indianapolis. One of said appraisers to be selected by tho Mayor of said eltv; one by the Judge of the Circuit court of Marion couuty, and the third by the party of the second part, but before said purchase shall be made the same shall be approved by the Board or Public Works and the Common Council of said city. Seo. 25. If iu the opinion of tho Board of Publlo works and Common Council It is deemed desirable to have constructed and operated a line ot tracks on any street not occupied by tracks of the party of the second part the party of tho first Eart shall notify the party of the second part to uild tho 6aine under all restrictions and conditions lu this agreement contained, and should said party of tho second part not notify the party of the tirst part within thirty days Irom the date of said notice that It will build and operate the lino as directed, or if, having so notified the party of the tirst. part, tho party of tho second part shall not, within twenty days thereafter,: commence said work, or if having commenced . said work within said time the party of the sec-; ond part shall fail to complete it within a tliho . fixed by the Common Council and Board of Publlo Works (which timo shall bo a reasonable time), provided, however, that the Board of PunHe Works and the Common Council shall not requiro any labor to be performed uuder this provision between tbo 1st day of December and the lath day of March, then aud upon the failure of the party of the second part iu either or any of said requirements the Board of Publlo Works and Common Council may grant to any other person, persons or corporation the right to build said Hue. Any grant or permission to any Individual or corporation other than to the party of the second part to construct and operate a line or lines of road because of the failure of the party of the second part to comply with the directions or the Board or Publlo Works and Couimou Council, shall confer upon said other Individuals or corporation the right to run over tho track, or tracks, of the party of the second part within the territory bounded by and including Mississippi, Alabama, South and Michigan streets in naid city of Indianapolis and pay to the said party of the second part for the use of track, tracks, or power, if any is supplied, on a wheelage basis, nnd iu addition thoreto a percentage of the cost of that portion of the linn they use,' and a pro rata of the cost ot tho repairs, renewals and maintenance thereof, and damage to the business of the party, of the second part by reason of passengers secured on the streets occupied by the tracks ot tho said party of tlie second part. In case the party of the second part aud the new company fall to agree as to the amount ot such charges, then each company shall telect a nonresident disinterested expert in street railway ullalrs to decide the question. Should the two fail to agree they shall seleot a third nonresident disinterested person and the majority of these threo perons tdiall determine the amount to be so paid to party of the second part. And such new line granted aud built as aforesaid no matter by whom operated shall be operated with the right of transfer to or from all cars of tho party ot the second part aud of sal 1 new line lu the same maimer ana under the same conditions as are provided for transfers of passenger from lir.es and cars of the party of the second part. The pro rata amount of the fare of such transfers due to either of said companies tdiall bo determined by the companies thev falling to agree, the differences shall be referred to experts, as required in the case of previous charges, and provided further, if the party of tho first part, after having directed the party of the second part to build any new line, as hereinbefore in this section provided, nnd tho territory along said proposed line has one-half the lots built upon, ami twothirds of tho length of said proposed Hue is at least two squares distant from any other parallel street-oar Hue, and the party of tho first part h,s failed to secure the building ot said lino by the means hereinbefore provided in this section, then, aud in that event, tho party ot the first part may again notify the party of tho seoond part to build said line, and on the failure or refusal of the party of tho second part to begin said line as aforesaid within thirty days thereafter, or upon tho failure of the party of the second part to complete the same within a reasonable time thereafter, ssld time to be fixod by the Board of Publlo Works and Common Couucil of aid city, then in caso of failnre or refusal in either of such cases toe party ot the second part shall pay as liquidate I damages to the party of the first part the sum of twenty-five dollars a day for eaeh and every day that said work remains uncompleted after the expiration of the time fixed fur its completion by tho said Board and Common Council, and the t ond provided herein to be given by taid company shall bo made to include, and shall Include, ah one of its conditions, the payment of such damages. Sec. 20. Said road and the cars belonging to said party of the second part shall at all times be oonducted and operated in conformity with all existing laws and ordinances of the city of Indianapolis, whero not oonlllctlng with this agreement. BOND REQUIRED. Sec. 27. The party of the second part, before exercising any or the rights hereby granted, shall execute to tho city of Indianapolis a good and sufficient bond, in tho penal sum of one hundred thousand dollars, with sureties to be approved by the Board of Public Works, conditioned that the party of the second part shall, on demand, pay to the party of the first part, any 6tim of money or lLoneys, that have been paid by the party of tho first part or that are due because of any work or labor done or material furnished for any purpose that under this agreement is provided to be done and paid for by the party of the second parr, on the demand or the party of tho first part, uud said bond shall be renewed from time to time on demand of tho party of the lirt part. See. 28. In case tho party of the second part, its successors or aslgus. nhall violate any of the terms, conditions or obligations herein contained, then iu that event nil the rights and privileges herein granted shall bo subject to immediate forfeit uro and revert back to the party of the first part, and this coutraet. in all things, shall be and become null and void, except whero ditlerent penalty is provided for in this agreement, ana in such event the party of the first part shall have the right to remove or cause to be removed from the streets herein named all poles, rails, tracks, side tracks and switches and all other property whatsoever belonging to the said party or the second part, its successors or assigns, and a right ot action for a breach of contract shall immediately accrue upon the bond of sAld party of the soeoud part for any InJury or damago arising oat of said breach of con

tract npon the part of the said party of tho seoond part, its successors or assigns. See. 20. To each of the terms, conditions, stipulations and requirements of this contract said Board of Public Works, representing tho city of Indiauapoii3, the party of the first part, and tho said , the party of the 6econd part herein, by its duly authorized officers and representatives, do fully agree and bind themselves, their successors and assigns. DAY FOR THE RIDDING SET. When this copy of th franchise was Handed to tho newspaper representatives by the Mayor's clerk last evening it was accompanied by tho following onnouncenient: The Board of Public Works will meet at their office on Wednesday, April lt, 1803, at three o'clock p. M.f to receive propositions for this contract-No proposition from any company or person will be entertained by the Board of Publlo Works until 25.000 in cash has been deposited with the board as a guarantee that the person or company to whom the coutraet is awarded by tho board will enter into the contract with tho city as proposed, the money to be at once re-, turned to the persons or companies to whom the contract is not awarded as soon as award is made, and to the successful party as soon as a valid contract is entered into and Is approved or rejected byHhe Common Council. Parties Uesiriug to make propositions for this contract will bo required to make such propositions in writing on tho amount of the per cents, to be paid to the city, and any increase offered must Ihs tho same on each term of years. The city reserves the right to reject any or all propositions. BIDDERS IN THE FIELD.

Fonr Companies That May or May Not Try to Get the Franchise. There are now fonr companies in tho field, or there by representation, which may appear ia competition before tho board to secure tho franchise which the city has determined to oiler. They are tho Citizens' Street-railroad Company, the one which is known as the McDonald company, tbo one which is represented by ex-Judge Byron K. Elliott and the one which has been making inquiries about the situation through Pirtle Herod, of the lavr firm of Ilerod & Herod. Tho first named will come first in consideration, as a matter of courso, and it is the general opinion that It will seoure the plum. This ia ao for several reasons, it is tho resident owner and the only ono which at present owns and operates any lines in this city. It cannot afford to allow itself to be overbid In the matter for that reason. It is also in a position to do the best by the city for the present, at least, and would probably make greater sacrifices to hold its rights than any outside capitalists would to obtain them. Tho next competitor is the McDonald company. Some time ago Mr. McDonald made an attempt to secure a line to broad KipDle, aud uid that if he secured it he would meet any others in competition for a general franchise. He did not secure his coveted right of way to the suburb north, and has not been heard of in an aggressive way for several weeks. It may even be that he will not appear as a bidder for the general charter, but if he does so he will be a dangerous competitor, for he is known to have plenty of money back of him, and is nothing if not a pusher. The company represented by Judge Elliott is a creation of air, as far 86 tho outside world is concerned, or for the knowledge it has. The Judge asserts that at the right time it will be in the field as strong as any of the others, but nntil then ha says that ho cannot divulge who or what it is. It Is supposed, however, that tho principal people back of it are Messrs. Deitricli and Benedict. The former is the president ot the Indianapolis Gas Company, and a capitalist of large means, anl tho latter has already been interested in street railway deals in this city. Mr. Herod declines to have anything more to say about his people than that they are wealthy New Yorkers, and that if they see a good opening hero for investment they aro willing tocome in with their capital. LIFE OF Till: OLl FRANCHISE. Citizens Company lenders an Acceptance of the Amendatory Ordinance. Although thirteen years have passed since the City Council passed the amendment to the ordinance giving the right of way over certain streets in the city for the purpose of operating a street-car system, so that it would read to expire in the year 1'JOl instead of in 1S94, the Citizens' Street-railway Company, which owns all rights to that charter, tried to tile an acceptance to it yesterday. The circumstances which led np to it are of a somewhat peculiar nature, and there are not a lew of thorn. At the time when the amendment was made the persons then owning the Citizens' company did not make a written acceptance' of it. The matter was allowed to run along for somo time, and it came to be an accepted thing by tho&o interested that, while there w us no reoord of an agreement entered into by tbo city and the company, yet thoro was an implied one, and one which, until a short time ago, was supposed to ho good in all respects. When the agitation of the expiration of tho Citizous' company's charter was brought up several months ago' by the efforts of other companies to gain a foothold in the city, the city attorney was askeel to render an oDinion as to just bow long the charter of the company now operating all of the linea in tho city had to run. That opinion wa to tho effect that it expired on the 18th day of next January, and was made on the point that the amendment which had been made to tho original charter had uover been accepted by the Citizens' company. However, from a legal standpoint tho amendment stood as an act of the Council, and as one that had never been rescinded. Accordingly, yesterday morning. V. H. Latta, the privato secretary of A. L. Masn, called at the otbee of the city clerk, and tendered a paper for tiling. The clerk was not in, and his deputy, Thomas lledian, waited on the caller. "What is this!" he asked of Mr. Latta. He was told, and he then said that he did not see how he could accept it. He was askea if the city clerk'a otlice was not the place for tho filing of papers which eventually would come before tho Council, aud he replied that it was. "Then why will yoa not accept this!" asked Mr. Latta. Deputy Hedian fidgeted for a moment and then said that ho should think that a matter that had run for thirteen years had been outlawed, but that if the clerk himself wanted to accept it he could; he, himself, would not. Mr. Latta then took his departure, and did not appear again during the day. The paper which he presented for tiling was as follows, and was adopted at tho last meeting of tho directors of the Citizens' company: Whereas, On April 7, 1880, at the request of the Citizens' Street-railway Company, and for the beneilt of the traveling public, it was deemed desirable that the franchise be extended seven years, and It was accordingly provided by the Couucll that theuraiuance be amended to read thirty-seven years" where It read "thirty years;" and Whereas, The ordinance having been passed. It executed bonds, secured by a iuurfgage upon the property and frauchit-e of the company, which bonds were made to fall duo at tho expiration of the franchise, and were placed upon the market aud fold to purchasers who bought relying upon the auiendca ordinance; and Whereas, The city and the company treated tho ordinance as valid and bindiug upon both parties, and Whereas, Afterwnrds, on April 29, 1 86?, by an ordinance, the city ratified and approved the sale then made of all the property, the ratification was then understood to include the extended franchise, and ' Whereas, Notwithstanding the ordinance of April 7, 10, was valid and was accepted, a claim is now being made that the extension U not biudiug because no formal acceptance iu writing was filed by tho company. Now, therefore, still asserting tuat the amended ordinance was accepted in law aud iu faet. and ccuying infirmity in tho title to tho company's franchise. Be it resolved by the board of directors, that tho action of the company In accepting the extension be hereby ratitled and the extcnlon of said company's charter Is hereby formally aoceptcd. Mr. Mason was seen later in the day, and was asked what partioular purpose tho company had in filing the acceptance atao lata a day. Ho said: "We do not attach Any very particular importance to this transaction. Wo did it

simply as a matter of precaution. The gist of tbo complaint, in the city attorney's opinion, was that there had been no acceptance of the amendment, and we thought it best to be on the safe side." "Do you think that the acceptance has been rather outlawed by tho reason that so many years have elapsed since the amendment to which it relates was passed by the Council!" was asked. "Oh, no; not necessarily." he replied. The qnestioo as to a reasonable time is always one which has to be decided by tho courts, and cannot be by individuals. Then, too. the acceptance of it has always been implicit, and there has never beforo been any question about it." "Will the fact that ditlerent persons owned the company at the time when the amendment was made in any way make your accepting it at this late day invalid!" "1 think not. When we bought the company we bought all of its rights and priveleges with it, and all that should iu the proper course come to it. 1 do not care anything about tho ollicials not accepting our papers. It will stand just as touch in onr stead that we havo ottered it in good faith, and we shall let tho matter rest there." The city oOicials, when they hoard of this action on the part of the company, seemed to be highly amused at it. They looked at it very much in the light of stopping no a leak after the water had all run out. City Attorney Jones said that he did not think tho acceptance of tho amendment at this remote period could be sustained anywhere. Even if it could, ho thought that the tact that the company was in the hands of other people at the time of the Conncii'e action and that they had done nothing toward accepting it would prevent the present own-, era irom taking any action. Further than that he declined to say. The other members of the city's government refused to talk on the subject. They would simply say that it was rather late in the day to take any such action, and refer ail questioner to the city attorney as to tho legality of it. It Is Different Now. The Board of Public Works yesterday received a letter from President Mason, of the Citizens' Street-railway Company, in reply to tho one sent him asking that ha lower the tracks of the company to conform with the grade of tho pavement on South street. He said that he had given instructions to his repair gang to proceed to the matter as soon as possible, and that it would bo reached in a few day a. The members of the board could not help commenting ou the difference in the tone of the epistle and the ones they used to receive from tho utlicers of the old regime.

JSTIUKE TKMPORAUIIil SUSPENDED. The - Change Dcjs" Evidently ubdud by ttat Eloquent Address to the Public The "change boys' " strike of the Streetrailway Company has been declared off for tho present. After the conference last night they were still undecided as to what course they would pursue, and showed up ac their regular places of work at tho usual time yesterday morning. Theytwero induced to go to work by tho intervention of some of the members and officers of the Street-car Brotherhood on the promise that the brotherhood would take up their case, and would see that they got all that could bo expected in justice. With this agreement "Stiffy" Elkins. the leader of the strike, told his men that they had, better go to work, and they did so. The truce is to last until the ISth of the present month, when there is to he a settlement. Just how far the men or the boys intend to proceed in the matter is not Known. Tho boys say frankly that they want 12 cents an hour, and an abolishmontol the "split runs." The men will not say to just what extent they will go in support of tho demands of their youthlul coemployes, and matters are rather muddled. President Mason said, last night, that ho did not know just bow the matter would be settled. He said that the ompany was disDosed to do the right thing by the men and the boys, but that he thought it a little uniair for them to jump on to them just when they were new iu the business. He commended tho action that the brotherhood took in tbo artair very highly, and said that he had no complaint to make on that score. mam ' Toklug Hi Time. United States Marshal Hawkins announced yesterday that he would not name his deputies until the middle of the month. He will only appoint two men for outside work, with perhaps the addition of another when the work demands if. lie is taking time, he says, to learn what the require ments of the otlice are bofoie coming to a definite decision. t . ' Schumann inrtt Coming'. The Schumann Male Quartet of Cbioago, assisted by Mies Wright, leader, and Miss Hasty, accompanist, will giro an entertainment in Plymouth Church, Monday evening, April 10. This quartet comes with the highest commendation from press and public Seats on sale at Baldwin s. "Well! Weill That's tho way you feel niter ono or two of Doctor Pierce's Pleasant Pellets have dono their work. You feel well, instead of bilious end mn5J stipated; your sick utruuiicue, dizziness and indigestion aro gone. It's done mildly nnd easily, too. You don't have to feel worso bofore you feel better. That is the trouble with the huge, old-fashioned pilL These are small, sugar-coated, easiest to take. On3 little Pellet's a laxative, threo to four are cathartic. They regulate and cleanse the liver, stomach and bowels quickly, but thoroughly. They're tho cheapest pill, sold by cbruggists, becauso you only pay for the good you get. They're guaranteed to give satisfaction, evsry time, or your money is returned. , That's tho peculiar plan all Dr. Pierce's medicines aro sold on. 44 Value received, or no pay," you can't get these terms with any other medicines, at any price. Can you ask more f iu:.i T.,i. IU MUDU1U IUUB-WEOOGHT-IRON Wt , FOB ' Gas, Steam & Water Boiler Tubes. Caat and Malleable iron Fittloirs (black sad g&lvanlxed). Valves, Stop Cocks, En pins 7im mines. KUaiu Gauge. Hjhj Tung, llpe Cutvrrs, VIbps, Screw Plates and Dies, Wrenches. hieam Traps, Pump. JflUhen Sinks, Hose, Ueltlng. J'-sbblt lietL Bolder. Whlto and Colored Wipine Wate, and all other Supplies used in connection Miib Gas, te&ni and Wst". Natural Oa supplies a, siclaity. Mm-l.?Htlng Apparatus for Public Build, inn. Store-rooms, - Ml Us, fcliojt. Fctori, LjiUDdns, lumber rry honnes u. Cnl nd Tnread to cruer any sits Wrought-iron llpe from H Inch to 12 lbche illAinetar. Knitrht & Jillson 75 sad 77 AMIS E CYCLOHAMA or THK BATTLE oi GETTYSBURG WOW OPEN. 6U WEST IfJLUKET ST.

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AMITSFMF.NTS.

Again at TOMLINSON HALL Sunday afternoon and nleht, April 0, last ap pcarince in Indiunapvli ct EX-PRIEST SLATTEM lis gives lota thoe ne lecture. Subject Sunday uttcrnoon at -.30: mi TDE AMERICAN POPE, Or, IS ROME IN FAVOR OP OR AGAINST CIVIL AND RELIGIOUS LIBERTY?" Evening, at 8 ofciock, subject; "WHERE IS .PURGATORY? Or, HOW TO GET IN AND HOW TO GET OUT." LaAies anA Gentlemen admitted to both these leo. tarrs. rfTADMISSION only 15c. reserved seats 25c, Half the hail reserved, both upstair ami down. GRAND I Mitincf To-Dit. and to-night, List appearance of AL Gr. FIELD'S MINSTEELS 40 performers In an entirely neir and original enter tainuu-nt. Ttefralar price 2.c 50c, 75o and $L. Matinee prices "5c and 00c only. ENGLISH'S SPECIAL MaUnTOndt,iBg JIOIlflflY, April 10, FANNY DAVENPORT Supported by MELBOURNE MACDOWELL sal her own company in SAUDOU'S CLE O PAT EA. Prices All lower floor. $1.!0; first fonr rows balcony $1, remainder. T5c; gallery, 'J ic; matinee prioos same. t Seats now on G-RA.3STD-EXTRA Three nights and. matinee, beginning Monday, April 10, DENMAN THOMPSON'S Celebrated play, "THE OLD HOMESTEAD" With new scenery and the same company as at the former appearance here. Begul&r prices 23o to $1. Seats now on sale. BASEBALL. Grand Opening' of the CLUB BALL PARK, To-day, Saturday, at 3 p. in., also Sunday, April D, at 3 p. in., DEPPEISTS Of Louisville, Vs. THE CLTJTB. Take Irvington Electric Cars. A Pleasant and Instructive Entertainment. HAWAII and THK mWAIIAKS EJ BEAUTIFUL COLORED SCENES. .3 The Government and People Their Customs and Religion. Sun 'ay Kv-ning, pril 9, 1893. TOMLINSON HALL MONDAY. APRIL 10. 8 P. M, Grand Gymnastic Exhibition BY THE SOCIALER TURN VEREIN CsAdniiAslon 25c. Tlalconjr 50c. Get reterved seats at The II. Iiber Company, 33 South Meridian Street. No extra charge. PLYMOUTH CHURCH. THE SCHUMANN QUARTET, OF CHICAGO, Monday. April 10. ONE ENTERTAINMENT, 8 O'CLOCK. 8. B. Johns, first tenor; A. II. IIalr, second tenor; C. N. llassler. liarltone; A. D. Cbt-eny, basso. This famous quartet is the only rival ot the Harvard quartet. Admiasiou. oc; no extra charge for re serve 1 seatson salo at B tldwin's, April 6. Y. M. C. A. LECTURE COURSE. TUESDAY, April 11, the distinguished Xfsr York Orator, JOSEPH LITTLE, Admission, including re.-erved soat, 2.c. on a'. Bat unlay. This lecture is substitute for Rev. J. A. Milbnru. and both regular and supplemental coarse ticket are koo 1EMPIRE d?l. Diaware. MATINEE at 2. 10, ID, 25, 50c TO NinnT at 8. 15, 23. 50c, Dixon Specialty Co. TO-NIGHT AT 10:40, Bert Walker vs. Harry Park Gnceo-Itoman nnd Catch-as catch-can Wrestling ContestPurse of -J50. Next InJay-Br. Carver in "The Scout Matinee to da j; tonight, last tvro a; pearanccs el EDWIN ARDEN In the new " EAGLE'S NEST." Popular Frices 10, VO, 30 cent. KextYeeJt-MMUaa a LATDnfO."