Rensselaer Semi-Weekly Republican, Volume 41, Number 118, Rensselaer, Jasper County, 5 November 1909 — TERMS OF THE FRANCHISE ASKED BY RAILROAD. [ARTICLE]

TERMS OF THE FRANCHISE ASKED BY RAILROAD.

Careful Study Falls To Aay Jokers That Should Delay the * Passage of Franchise Ordinance.

If there is anything dangerous about the franchise ordnance that is asked by the Northwestern Indiana Traction Co. a careful study of its provisions fail to disclose it. The franchise is almost a duplicate of the one granted some two years ago to the proposed Infield line, and,,,which was passed 4 *without causing any consternation among citizens or tax' payers. It is too long to be printed readily and a condensation of the various sections is given for the benefit of our readers. The subject of the ordinance is “An Ordinance granting to the Indiana Northwestern Traction Company authority, permission and consent to construct, own, maintain and operate an interurban railroad over, upon and along certain streets in the city of Rensselaer, Jasper county, Indiana.” The first section grants permission to the company, which is organized under the laws of the state of Indiana, to locate, construct, own, maintain and operate a single track, standard gauge railroad, with necessary side tracks, switches, turn-outs and turn-tables, with such mechanical appliances as are necessary or suitable in the operation of the same, including the use of electricity or any other improved power that is now in use or may hereafter be discovered, with the exception of steam. The following routes are proposed and the company wishes the privilege of selecting its own route: Commencing at the corporation line on College avenue, where the road would enter the city from the south, and coming north to Washington street, thence on Washington to Division and north on Diviion and Main streets to the north corporation line; or entering the city from directly south of town, at a point where Van Rensselaer street, if extended, would cross the corporation line, and north on that street to Washington, at the State Bank corner, thence east on Washington and following the other route to the north corporation line. This section provides that the company must select one of these routes and forfeit the other. It provides further that the city council shall have, the right to_ dictate the location of tracks, side tracks, etc., so that the switch tracks will not be on the main streets. It also provides that at some later date the company may lay double tracks, with the consent of the common council of the city. Section 2 provides that the tracks, etc., shall be so constructed and maintained at all times so as not in any manner to obstruct or impede the free use of said streets, beyond the extent necessary for the purpose of the construction and operation of said Tailway. The road is obligated to repair and make as good as it formerly was any street or alley or crossing torn up in the construction or repair of tracks, etc.

Section 3 provides that where streets have been improved the tracks shall be laid at the grade, and where streets have not been improved, the tracks are to be on the surface line as near as possible. Section 4 provides that at some later time the company may with the consent of the cotnmon council abandon certain streets ahd take up other streets, but shall immediately upon abandoning a street put it in as good condition as it was before abandoned. The railroad is also required to bear the expense of paving between its tracks and for 18 inches on each side where streets have been improved, and are required at all times to keep the tracks so as not to interfere with the travel of the public, all .to the satisfaction of the common council. Should the company fail to keep the streets repaired as provided by the ordinance, then the city has the authority to make the repairs at the cost of the railroad.

Section 5 provides that the railroad shall have the right to cross over bridges and railroads over the streets it selects, and shall have precedence for its trains over other vehicles, except for funeral processions and the Are company, when the latter is making a Are run. Section 6 provides that it shall be lawful for the company to make rules for the conduct of its business and for the government of passengers on its trains, and for the conductor or dtber employe to eject passengers from its cars for a violation of these rules, or for acting in a rude, insolent or disorderly manner.

Bpction 7 provides- that the -company shall not charge more than 5 cents for one continuous passage within the limits of the city, and that any policeman or city Areman in uniform shall ride free of charge within the corporate limits. Section 8 requires that the poles for stringing the trolley lines shall be set against tjie curb line or as the common council shall direct and so as not to interfere unnecessarily with private property rights and other uses of the streets. The oouncll reserves the right Ip have poles moved at anytime at the expense of the railroad, anil the city shall have the right to use, free of charge, the poles of the company for stringing wires for its Are department or any other übs. And the poles, wires, etc., must be constructed so as not to interfere with poles and wires of electric, telephone, telegraph and Are alarm wires now In use. Section 9 holds the company responsible for any damages that may

ensue to any person or property by reason of misconduct of any of its agents or employe* in the. construction or -operation oj the road. Section 10 is here printed in full: “The grantee (railroad company) -shall permit the use of its trades within the city limits by any other street railway or interurban railway company desiring to use the same for entering the city of Rensselaer, where such use is desired by said city as properly expressed by its common council upon such terms and conditions as may be mutually agreed upon by the grantee and such other company, or upon such Just and equitable terms and conditions as may be lawfully determined.” Section 11 stipulates that the grantee shall have the right to transport passengers, U. S. mail, express matter and freight and to operate train service between, this and other towns, but the council shall have the right by ordinance to regulate the speed of trains and to adopt other regulations except that the council shall not change the rate of fare within the city limits from that adopted in the 7th section.

Section 12 provides that the company shall not discriminate either in fares or freight rates in any manner whatsoever and shall not discriminate in any manner against this city in favor of any other city on its lines in the way of passenger and freight rates. Section 13 requires the company to maintain a depot in this city for passengers and freight, but the depot is to be located so as not to interfere with the use by the public of the streets. Section 14 provides that all local passenger traihs shall stop at all street crossings when necessary to receive or discharge passengers. All limited trains must stop at the Rensselaer depot of the company. Section 15 imposes on the council the duty of approving the plans for the construction of the tracks, depots, etc.

Section 16 provides that this ordinance shall become null and void if the company fails to have its line in operation within three years, and the ordinance shall also be forfeited if the road shall fail to operate at least one local train per day through the city. The forfeiture of the rights under this ordinance are also provided if the company fail to comply with the regulations of the ordinance. —Section "!? provtffes that this, ordinance does not grant any right to furnish light or power in the city, except by the consent of the council. Section 18 provides that all the rights provided to the grantee in this ordinance shall be extended to its successors and assigns, who are also held by its limitations and obligations. Section 19 delegates to the city the right at all times to adopt and enforce suitable ordinances and regulations concerning the use of its streets and alleys and the occupancy thereof by the, grantee, conditioned that no ordinance shall be passed conflicting with this ordinance.

Section 20 provides that the rights shall be granted for a period of 75 years from and after its passage and taking effect. Section 21 requires that the grantee accept the ordinance within 60 days or that the ordinance be void. Section 22 provides that the ordinance shall be in full force immediately after its passage.

The interests of the city seem to be very well safeguarded in the ordinance, and, unless it would be the section that makes it impossible to reduce the fare within thfe city at any future time, we can see nothing wrong. It is very remote, to be sure, that the time will come during the life of the contract when Rensselaer will have a system of street railways that would make transfers necessary, but it might be advisable to anticipate that and also to have a hinge on the control of the rates within the city. Five cents would be the natural and proper fare at this time for a trip across the city or any part of it, and is the fare paid in almost every city, but to say point blank that the time will not come in the next 75 years when the rate should not be lower, or when the six for a quarter ticket plan should not be adopted is more than a council should be asked to do. At the same time, the interests of the road should be safeguarded against the action of an unreasonable council.

The 75 year term is all right. It, is what other towny have granted and' as the franchise is not exclusive and even the same streets and even the tracks of the company are available for the use of any other railway, and as it is not customary for electric railways to pay for the right in cities of the class Rensselaer is now in or will be in during the life of the-contract, and as Rensselaer is giving nothing away and as the town Itself and the residents thereof would be the beneAclarles if the road is constructed, and as the road can not be built unless it can be bonded, and as it can not be bonded unless the franchises are for long terms, and as the terms granted the InAeld lines are identical with the ones asked in this one, and as City Attorney WiHlama has looked after the ordinance from a legal point of view, .we believe thgt the Ordinance should be passed with the term of years asked by the company. If the taxpayers have any objection, let them express it, and to this end the Republican will be pleased to express the opinions of any of its patrons.