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188 n.
<br />Monday March 24, 1924. Continued.
<br />A Remonstr igoe was filedby the Chicago, South Bend & Northern Indiana
<br />Railway Company as follows:
<br />In the matter of the certain contract between the
<br />City of South Bend and the Grand Trunk western
<br />Railway Compan*, by whioh 'the said€ Railway Company R E M 0 N S TR A N C E
<br />was granted rights over certain public streets
<br />of said o4.
<br />TO THE BOARD OF PUBLIC WORKS OF THE CITY OF SGUTH BEND, INDIANA:
<br />The undersigned, Chicago., South Bend & Northern Indiana Railway Company,
<br />her by represents that it is a taxpayer 1f the said city of South Bend, and that:
<br />It remonstrates against and objects to paragraph sixteen of said con�raet
<br />between the City of Sough Bend and the Grand Trunk Western Railway Company, by
<br />which the said Grand T runk Western Railway COMPany is granted rights over certain
<br />streets of said city, .and the terms and provisions of said paragraph, same reading,
<br />p as follows.' to -wit:
<br />"That in no event shall the party of the first part be required or be
<br />called upon to pay or to furnish the proportion of the cost of separating the grades
<br />at any of said streets that'under the Taws of the state of Indiana should be borne
<br />by the Chicago, So7lth'Bend & Northern Indiana Railwdy COML,15any, its sucoessbrs'or '
<br />assigns, which owns and operates street and interurban street car lines on Mishawaka
<br />Avenue, Lincoln Way East, Michigan Street and C hapin Street; and that said traction
<br />company shall be required to pay its proportion of the cost of said grade separation
<br />as provided by the laws of said state, and in the event of its failure to do so, the
<br />same will be paid by %he party of the second part."
<br />And as ground for remonstrance and objectiQn the undersigned states:
<br />FIRST: That the said C ity of South Bend and said Grand Trunk Western
<br />-Railway COLEPANY are without authority or power, either jointly or severally, 'to
<br />call. -upon the undersigned to pay.or furnish any part or proportion of the cost of
<br />separating the grades at any of said streets designated in said contract and upon
<br />which the undersigned owns and operates street and interurban street car lines,
<br />namely; Mishawaka Avenue, Lineohn Way East, Michigan Street and CHAPIN Street.
<br />SECOND: Th $, as against the undersigned, said City of South Bend and
<br />said Grand Trunk Western Railway Company, are without authority or power, either °
<br />jointly or severally,.to provide in said contract that tne undersigned "shall be
<br />required'to pay'ii,s proportion of the cost of said grade separation as provided by
<br />the laws df said State," as there is no law of the State of Indiana under or by
<br />virtue of which any part or proportion of said cost can be imposed upon or assessed
<br />against said Railway C ompany or for which it could be made liable.
<br />THIRD: That the grade separations provided for in said contract at the
<br />intersection of satreets along and over which the undersigned owns, maintains and
<br />operates street and interurban street car lines and mentioned in said contracts',
<br />are not, existing grade crossings, and that, in such circumstances, said City of
<br />South Bend and sakd Grand Trunk Western Railway Company are jointly or severally
<br />without authority.or powers under the laws of the State of Indiana, statutory or
<br />otherwise, to impose or assess any part or proportion of said cost upon or against
<br />the undersigned or render it liable therefor.
<br />FOURTH: That by the terms and provisions of said paragraph sixteen said
<br />Grand Trunk Western Railway Company and said City assume that the undersigned is or
<br />CD
<br />can be bound to pay some proportion or part of said cost, ai}d upon said assumption
<br />provides that the undersigned shall be required to pay its proportion thereof, all
<br />without the consent of, or agreement Frith, ,the undersigned, and all without authority
<br />or power so to do as against the undersigned.
<br />z
<br />FIFTH: That said City acting alone or jointly with said Grand Trunk
<br />Western Railway Company is without authority or power to assess against or impose
<br />upon, or, as against the undersigned, to agree with said Grand Trunk We s-t _ rn Rail-
<br />-.,ray Company to assess or impose upon the undersigned any portion or part of the cost
<br />of the expense of the grade separation proposed and eontemo.lated by said contract.
<br />The undersigned also remonstrates against and objects to paragraph twenty-
<br />fiveof said contract and the terms and conditions thereof, said paragraph reading as
<br />follows:
<br />"The partyo f the second Part agrees to cause all public utilities owning
<br />or contr&lling equipment on, above or under the surface of any and all streets
<br />affected by the construction of said new elevated line of railraod to adjust their
<br />said equipment to the new grade or grades of said streets, without expense to the
<br />first party hereto."
<br />And aS ground for remonstrance and objection the undersigned states;;
<br />VOW
<br />FIRST: That it is a publid utility in said city, Rnd that the grade
<br />separation provided for in said contract at the intersection of streets along and
<br />over which the undersigried owns, maintains and operated street and interurban street
<br />oar lines and mentioned in said contract are not existing grade.orossings, and that
<br />in such circumstances adid city of South Bend and said Grand Trunk Western Railway
<br />
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