Indianapolis Times, Volume 33, Number 225, Indianapolis, Marion County, 28 January 1921 — Page 15

PAVING DELAYS PULL TEETH IN *> CAR FRANCHISE From Page One.) railway company has not even began to ■work on Its tracks. The board of works “went through the motions” of compelling the Street Railway Company to repair the tracks July 12, when it caused to be spread upon its minutes the following entry: The board issues- orders to public Utility companies as follows: Indianapolis Street Railway Company . . . To pave between the tracks and eighteen inches outside and repair tracks from Belmont to Harris on Washington street, and .from Pennsylvania to Cornell on Massaehuset'ts avenue. Time limit for this repairing will be Aug. 15, 1920, with a penalty of SSO per day for each day the work is uncompleted after the time specified. The Massachusetts avenue work was completed last fall. On the same date that the entry was ,/fflade William F. Cleary, clerk to the board of public works, wrote to the Indianapolis Street Railway Company as follows: I am directed by the board of public works to Instruct you, in accordance with the terms of your franchise, to pave between your tracks and eighteen inches on each side on Washington street from Belmont to Harris, the work to be completed by Aug. 15, 1920. The contract has been let for the resurfacing of this street and a time limit given the • contractor. The board further directs me to inform you that for each day after Aug. 15, 1920, that your work remains incompleted a penalty of SSO per day will be inflicted. Please acknowledge receipt of this letter. 8o far as the files of the board of works show the Btreet Railway Company never replied. NO STEPS TAKEN TO COLLECT PENALTY, • The board has never taken any steps to collect the SSO per day penalty, although It held'several conferences with representatives of the company subsequent to the date when the penalty was ordered Into effect. In these conferences, board members say, the company officials promised to get the tracks and paving In shape before winter. Meanwhile, the tracks and pavement between them are in worse condition than when the order was issued. Prop- i erty owners declare the tracks In some places are at least three inches lower than the pavement, so that water stands in the depression during wet spells and damages the edges of the resurfaced portion of file street. Property owners fear tLey wiil have to stand the expense of further resurfacing sooner than they otherwise should. The board of works. In taking all of the ste r .s up to actual fining of the eomteeny for failure to perform its obligations Hna then letting the matter rest, followed r praetbe which has been in vogue for jmany years. In only one Instance in the history if the present board has It ever backed up Its threats with real action. This was when it fined the Citizens Gas I Company SIOO a day for failure to supply gas of COO British thermal unit Strength. That the board had and now has ample authority to force the street railway company to repair the West Washington street tracks and paving theie is no doubt. OPERATING UNDER OLD FRANCHISE. The company, which was formed by a merger of the Indianapolis Street Railway Company and the Indianapolis Trac-

Pre-Inventory Sale of Men's All-Wool Overcoats exceptional opportunity to got* a* fine all-wool overcoat •iSIHfK All-Wool Men’s SUITS - |l|/ Sizes 34, 35, 36, 37 and 38. KF*" I Iff number of all-wool | iBBUm * ,e “’ S TROIISERS Mafa All-Wool mMMmm *6.95 . Sale price Former sls qualities I $ 3.95 THE Wm. R BLOCK CO.

tion and Terminal Company-two years ago. Is operating under and bound by the franchises of the two former companies, with the exception of the provli sions as to fares, which are suspended by order of the Indiana public service comi mission. Samuel Ashby, corporation counsel. Is authority for these statements. Both of the franchises give the board the right to order the Street Railway Company to do track repairing and rei surfacing within a certain time or suf- ! fer a SSO-a-day- penalty. If the comi pany falls to do the work the board of : works may either have the work done j itself and charge the cost to the com--1 pany or assess the penalty until the company does make the Improvement. If the company fails to pay either the cost of the improvement or the penalty the city may collect it from the $25,000 bond which the company, under the franchise. Is compelled to file with the city, it was stated at the board of works office that the company now has on file such a bond in the city comptroller’s office. The board, however, has persistently ignored this power. REQUIREMENTS OU FRANCHISE. Paragraph 7 of the franchise of the • Indianapolis Street Railway Company, found in section 3017 of the Municipal Code of 1917, provides that the company “shall pave the space between all the rails. Including the space between its tracks where there are double tracks, switches or sidetracks, and for a distance of eighteen (18) Inches on the outside of the outside rails of Its tracks, and shall make all necessary repairs in said space under specifications both as to material and manner as may be provided by tbe board of public, works, and slall repave tbe same when necessary and ordered by the said board, and keep the same In repair, said paving and repairing to be done under specifications both as to material aud manner as may be provided by the board and under the supervision of the city engineer of said city; and said company shall also keep ir. repair that part of the floors of all bridges or culverts crossed by any of its tracks which Is situate between the outer rails of skid tracks and for a distance of eighteen (18) inches on the outer side of such outer rails, and also the space between the tracks where there are double tracks; and in case of failure on the part of said company to make any such improvement or repairs as j aforesaid, either to streets, avenues or i alleys or bridges, as herein provided, I | upon reasonable notice by said board, ; then'the said board of public works shall j i have the right to proceed to make any j j such improvement or repairs, and the ' j cost of making same shall be paid by j said company to the city on demand and t the collection thereof enforced as any ! other valid debt.” MUST do work on REQUEST OF BOARD. Paragraph Sos the same franchise pro- I vides that. In any case where tbe board of works orders the Improvement of any thoroughfare in which the company's j tracks are laid, the company, on request of the board of works, must pave between its tracks with the same kind of material used by the contractor on the other portion of the street, unless specifically permitted to use another kind, and with the same diligence pursued by the contractor. The section further states: If. In any such case, the said improvement to be mode by said company or any cart of such street, avenue, alley or public, place aforesaid shall not be I completed In accordance with the orders j and specifications of said board within twenty <2o> days after the completion j of the improvement of the other part of such street, avenue, alley or public place made by such contractor, then the said board of public works may cause the unfinished part of said improvement to be finished In accordance with the specifications for such improvement theretofore made, and the said company, party of the second part, agrees and binds It-

THE BASEMENT STORE

self to pay to said city the full amount of the cost of such Improvement, to gather with all costs of advertising and other expenses growing out of its failure to complete such Improvement. The section of the franchise binding the old Indianapolis Street Railway Company to give $25,000 bond Is found in paragraph 27 of the franchise, as follows: The said company, party of the second Eart, before exercising any of the rights ereby granted, shall execute to the city of Indianapolis a good and sufficient bond In the sum of twenty-five thousand dollars ($25,000), with good and sufficient sureties, to be approved by the said board of public works, conditioned that the party of the second part shall faithfully carry out and perform each and every agreement herein contained, and shall well and truly pay tc said city all penalties, forfeitures aud < cher sums of money which, under the terms of this contract, it may become liable to said city, and said bond shall be renewed from ! time to time during period on the j demand of the board of public works of I said city whenever, by reason of the Insufficiency of the surety thereon or the impairment of the amourit thereof by reason of the accumulation of unpaid penalties, forfeitures, Judgments or other claims against said company. In favor of said city, the said board deems such renewal necessary. Apd in case the said company, party of the second part, shall on the reasonable demand of said board fail or refuse to renew such bond or furnish such additional security thereon as may be required, then its rights under this contract shall epase, and the franchise herein graned be forfeited, which forfeiture may be enforced In any court of competent jurisdiction. The provisions of the franchise of the Indianapolis Traction and Terminal Company are practically Identical with those of the above sections. For more than three years resident property owners of West Michigan street between the Belt Railroad and Tibbs avenue have been trying to get the board cf works to compel the street railway company to pave between its tracks, in conformity with the pavement of the rest *of the street, but the board has failed to respond. INJECTS UNION ISSUE IN TRIAL Mine Workers Barred From Williamson Jury. WILLAMSON, W. Va., Jan. 28.—With tie Issue clearly defined as Involving the Industrial warfare which has been raging between the United Mine Workers of America and the West Virginia coal Operators, the third day of the Matewan “trigger trial” opened In the Circuit Court before Judge Robert D. Bailey this tnornifig on anew basts. The union question having been Injected into the case with dramatic suddenness and counsel for the defense having admitted being employed by the 1 miners’ union, the whole aspect of the I trial has changed overnight and both j sides prepared to work along new lines. j starting from the premise that union | members cannot sit on the Jury. Six men have been tentatively accepted I for the Jury. Asks Teachers’ View of Tenure Measure Sufficient returns to questionnaires sent to city school teachers asking their views | on proposed tenure legislation by the Indiana Assembly have not been received to determine their sentiment, according to E. U. Graff, superintendent. The questionnaire contains twenty-five questions. Mr. Graff says he desires the opinion of the teachers for the legislative committees if It should be asked. FARMER FACING BAXKBCPTCT. Manuel Hartley, a farmer living near Cicero, filed a petition in bankruptcy In ! Federal Court yesterday. He listed 11a- I blllties of $1,040 88 and assets of $;i00. I

INDIANA DAILY TlMttS, JItIUAY, JAGUAR* 28, 1921.

FEAR ‘VICIOUS’ COUNCILS SEEK GRIP ON RATES (Continued From Page One.) ! no matter what the amount of stock may I be, are fixed the rates. I “It is a significant fact that np to 1914, before the war, not one utility In Indiana had been given an Increase in rates. You cannot name a single utility that has had Its rates raised more than 50 per cent, and yet the cry goes out that the utilities have bjen granted too many Increases.” He compared the Increases with those In other lines of business. Examples of Increases in cost of materials used in the telephone buslnese were eet out by Mr. Barnhart, who stated he was appearing in behalf of all the telephone companies of the State. Any man who invested his money in a public utility some years ago ran the risk of having some incoming city council wine out his fortune in one night, he said. The public service commission changed this condition. “Wtfen the war came.” said Mr. Barnhart, "the utilities of Indiana were the last to raise their rates for thsir service. We plodded along as best we could until a year ago last November on the rates w* were charging in 1917.” He said their per cent of Increase over 1917 prices at tbe present time is 15.96. Increases in materials costs, he said, ran from 50 to 100 per cent. “It Is the public service commission that has enabled us to live through this crisis,” he said. “Turn it back to the councils* of the varloitis Cities and you w'll lie making a grave mistake." Dick Miller, speaking for the Indianapolis Chamber of Commerce, gave figures on what has been accomplished by the commission since its establishment. He stated that the chief deßire of the framers of the bill Is apparent. They desire to place tbe utilities again In the hands of the councils, he said. “Utilities are natural monopolies,” he said, “and must be controlled by some body In a scientific manner, if we have a law now that Is satisfactory don’t let's take It off the books.” More figures were presented by Mr. Inman, substantiating the statement that the commission has accomplished much good since its establishment. The argument of-supporters of the bill was begun by Col. Jewett of New Albany, who denounced the commission. He stated that he people of New Albany, where he is city attorney, are absolutely opposed to tbe commission, and stated that if a vote were taken there the resit). would be 20 to 1 against the retention of the body. “There Is only one mistake In this bill," he said. “That is in the revival of the railroad commission.” He added that this commission would be unnecessary. because of the transportation act of 1920. He charged that tbe public service commission act was wrong In the first place and that its administration has been a failure. lie Insisted that the people should control the making of rates because thej could obtain redress at tbe next election If treated unfairly. At present, when rates are raised and the people do not like the administration of things, all they can do is to grin and bear It, he said. He declared the principle was unfair, because the power to Increase the rute is left In the hands of one commissioner who hear* a case. Representative Smith stated that he was not of the belief that the local coun cils could not control rate making In a proper manner. "We have councilmen at home that ore Just ss competent. If not more eo, than any man on the public service commission,” he said. Mr. Smith charged that not one man on the commission had. previous to his appointment, been acquainted with the

needs or workings of public utilities. Ho declared tho argument of taking and keeping utilities out of politics was all “bunk,” because the appointments on tha commission are made through politics. POINTS TO RECORD MADE AT MARION. He called attention to the fact that the municipal water works at Marion, Ind., had gone through tbe war and up to last summer, when It was desired to make extensions and Improvements, on tbe same rate charged in 1914. I. W. Crlpes of Delphi told of the formation of an organization in his town to work for abolishment of the commission. In "ebuttal, Mayor Jewett reiterated Mr. Barnhart's statement that the law, If repealed, would be re-enacted within two years. "We are past the time when the utilities try to control the local government,” be said. “If we should go back now to local control, contracts would be made for ten, fifteen or twenty-year periods, based on present prices and valuations. “We should not abolish the cotnmlslon by repealing that act, but we .’ather should strengthen the law.”

For the sake of a merchandising policy —all profits and a portion of our original cost are cast to the winds—and there results A Sale of Plush Coats

Up to SIOO.OO Coats .. —Baffin Seal Plush —Bay Seal Plush —Hudson Seal Plush —Esquimette Plush

There arc long and three-quarter length coats —with collars of ringtail, natural black, dyed or Australian opossum —also of moufflon. They are lined with good quality silk. Economical women are going to buy these coats not only with this winter’s wearing in mind, but for next season as well, knowing the style and charm of plush coat lasts through several seasons. They will be on racks to choose from; *s4s to SIOO qualities, $59.75 and $29.75 Those who care to may auatl themselves of the convenience of our LA Y-A- WA Y plan .

Boys’ Lvo-Trouser SUITS

Special at $6.98 Sizes 8 to 17 years A chance for parents to buy their hoys a good, serviceable, well-made suit at a pre-war pride. These suits are good wearing, dark* woolen mixtures of tans, greens, browns and .grays. New style, and every suit has two pairs full cut, lined pants. Avery special bargain at $6.98

Boys’ Corduroy Suits, $5.00 Just 14 in this lot, sizes 9 to 17 years, dark drab corduroy with full lined pants. Very special. .$5.00

THE Wm. H. BLOCK CO. •v•\i ' . * ' *

Short talks in favor of the commission were made by Mr. Kebler, Mr. Bell and Mr. Knight. No intimation as to when a report on h> bill would be made by the Committee on Judiciary A was given by Chairman Davis. Street Improvement to Aid Park Scheme Permanent Improvement of Raymona street from Shelby to Meridian streets In order to beautify the north boundary of a section of Garfield Park has been requested of the board of public works by the board of park commissioners. The section of Raymond street is unpaved. The park board has received offers of church buildings for use as community centers from the Meridian Heights and Tabernacle Presbyterian Churches. Establishment of a number of new playgrounds is under consideration and locations for some of these weer discussed nt the weekly meeting of the park board. Standard lights were ordered installed on Meridian street from Forty-Second to Forty-Sixth streets.

THE BASEMENT STORE

Boys’ All-Wool Blue Serge Suits, $7.98 Sizes 10 to 17 years. Made of all wool navy blue serge. Full lined pants. Special.s7.9B

WATER POWER SCHEME URGED Engineers Hear Details of Indiana Project. In his paper on “Super-Power Stations and Transmission System for Central Indiana" today at th 4 annual meeting of the Indiana Engineering Society at the Claypool Hotel, Frederick L. R-ay. Anckerson, touched upon the saving in coal that could be brought by means of two independent plants of 150 000 k. w. each, one In Vigo County and the other In Sullivan County, so connected electrically that each plant could help the other when the need occurred, both to be erected on the Wabash river and as <pose to the coal producing field as possible so that coal haulage would be reduced to a minimum. "With plants located at these points, In the heart of a great coal field and on a never falling stream of water they would be able to generate current with

For Women and Misses That Brings Values Nothing Short of Marvelous Our pre-inventory sales are sweeping throughout the store—these coats were in its path—and their prices were ruthlessly slashed.

$45.00, $50.00 and $65.00 Qualities $ 29~ Seal Plush —Peco Plush —Esqumiette Plush —Bajfin Seal Plush

<J|”

Domestics and Beddings (NO PHONE ORDERS)

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a minimum amount of coal and at a mlaimum cost per kilowatt hour.” He said the plan could be extended to cover practically all of Indiana and tho eastern half of Illinois. He said that, as the project was to be one of coal conservation and in the interest of all the people, the preUmlnary survey and Investigation should be carried on by the State. Other speakers were R. V. Achatz, Lafayette, “Prevention Treatment for Wood Poles:” W. K. Estt, bead of civil engineering school of Purdue University, “Problems in Concrete Construction;” G. C. Blalock, Lafayette, “Residence Water Supplies;” Arthur W. Cole, Lafayette, "Refrigeration.” The program for the afternoon Included election of officers. A dinner tonight, with other engineering societies, wIU conclude the convention. * At the meeting Thursday night resolutions opposing the movement to abolish the public service commission were adopted.

COTTON PLAID BLANKETS, “Beaconbrand, has the appearance of a fine wool blanket; large double bed size; SIO.OO quality $4.98 PLAID BLANKETS, wool mixed, extra heavy; up to $15.00 quality $4.98 COTTON PLAID BLANKETS, full double bed size, choice plaids, pair $2.98 COMFORTS, extra size and weight, beautiful coverings of sateen and silkoline; u$ to $9 quality $3.98

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