I < I 04BiC 1 vMl fP ffe
L Th
glQOQFINEFQRCAPTWENDI
JI COURT FILLED WITH FRIEN1
WHO ASKFO FOIl LKNJTY
i
Lr f > V Carroll Ha > the Prlioner Hai De
Mlijndged and Doctor Says Impriie
7 went Would Mean DeathIlls Ho
I lithe the Money and PAy the Fit
Louis Wendel the deposed Captain
the First Battery National Guard wi
I pleaded guilty last week to presenting
false cJalm of 1600 for audit trtv se
tenoed yesterday byJudgo Swann
p the Court of General Sessions to pay
line of 1000 or serve a day in prison f
each dollar After being sentono
WendeJ was sent back to tho Torn
Ills two eons raised the fine and bo w
let out about 3 oclock in tim aftentoon
Wondel as nn artillery Captain w
noted for tho splendor of his battery <
ft parade and for his staff of Drigadle
Generals He was courttnartinlcd f
the offense for which he waa sentenc
> t yesterday and was disoliarged f r6m tl
L i National Guard He is CO years old ai
nmoji broken in health
L ClOut pressure was brought to be
to Secure a uuspcnaon of sentence ar
4p yestehiay the court room was filled wit
fr Wenaos friends who came to testll
z about bin probity and to a K the Judf
Ij to show mercy Judge Swanns desk wi
piled with letters asking that lenity I
j shown Ono from Justloo KdwnrdODwyi
c tljoClty Court WHS mentioned by Judf
Hwann In pronouncing sentence i
summing up the others in its statemei
thatAYundel in being dJahonorabiy dli
f charged from tha Rorvico had been HU
tidently punlslied Among those wit
bad a kind word to say for the prisom
tei BQen Howard Carroll Col Cleore
A viugate Major Uavid Wilson Dr
ft Henry Koib Wendes physician
Charles J Leach editor of tlio Nationc
Cuarrfsmnn
4 GOD Carroll on the witness stand IC
dared that Wemlw had Ijeen greta
mlsjiittgixl Ho said that although Wendi
might have been gufity of u teohniw
3 ofleaflo ho was certain time the mono
W Imd btf n spent for the good of the bate
andlot one portny 01 it upon Wuadi
T himself Dr Kolu testified tJaumtmtwt
tnoni would mean death for Wtmao
Others in court were Bernard Meyer
bergWlio told the Court that ha ropre
t tented 10000 German who hud cliose
J him to present their plea that mercy b
cI nhown Copt Lansford V Sherry or th
BecandBattery William li Burclloy nn
ChrutiatuHeid
y i Iupron6uncin sentence Judge Swan
wt c gpol < cjiqf the interest which the CM
i bad tjpcjudoncd and or the ago and Ii
IF health of the prisoner
iTVU Is true Judge Svjann said tha
tt lie has been punished ripped of hi
i honors his life labor destroyed his rcpu
tatlon gone and ruin and disgrace noi
J stare him in the face I realize that lU
thougltlegnllylie has not been put Ii
jeopardy twice Blill practically such L
tho case The courtniartiol that tool
S x away his sword has been a tcling dog
radation I was very much impresse <
pUv that Gen Carroll had to say Th
officers of the National Guard speak we
t of their comrade I believe that the crim
was the result of sudden Impulse upnin
from an effort to excel spiendor th
drills and paraded of rival orgnnlrtions
tp and was committed for the greater hono
and glory of his battery
5 After sentence had been pronounce
V Gen Carroll offered to advance tb
u amount of the fine The offer was de
Xllned by Wendels eons
f
THI COTTOX MA RKET
flfVtltn Iioner Vis npoilptk Uatilds
lion Hilore Totla > g 2o > entfaeti
trop Estimate
i iliaYon tpe eve of nrj Important < o <
rnhtcftltreport there svas a ccrfulu a in our
if liquidation which In the end caused
todcrate decline The HurefttU of Agrl
irea estimate on the iropvlll nptica
P II today In tlie sinning report
wiilch appeared ypsUrday the cotto
p Iradept iL conundrum to Holve itwasa
er well lo say that tl101t oi bales wer
glciiiot up to Dccoirtbcr i but The qticstlo
j Mr1s thati percentairo orithe crop I s thla
iCdlii tbe nature of things that cannot be knnwi
4 for ft cood many months If It Is only 7i
per cent of the crop ai was the case a
f thIs time two scaN ago then the yield 1
I45OCLl bales If It ii 00 percent te man
of the reports from the eastern section o
tUo belt Insist then the yield is only 12731
f two bales If on tho other hand It li S
1 fifcr cant tht > n the crop Is 13760000 Th
report hail practically no influence I
iIj Wa m ltvrl thatmany of the Wall Slrro
loui tu lxti ht nTy cthd October So dl
r omehouse fdontltled with the spot trade
i J iTefr opoJd January and October ben
I ycryheavilyu boughtOctobcrNoveaibe
Li across the atcr
t Home hlHrpool houses also bough
ilamiurr itt tlifl 01 tier hiiii liowiver I ho4i
4 i bill receiptcontinued and the 80111 was sttl
i selling Tim certificated Block here has In
f i rreasd 8xxx bait thus for this month
Mlancbester harps lu a doleful keyabout
rU tmde outlook It may nctully have cur
rml tobiorthal from thft aeltatlon hi
bJ
4 India f < he IOIY price of rlher mid some
c 4hreivl ilq bgjcott Us Roods In China > JI
1 jjrobatJj Matitw cheaptr Auiericeti cotton
nut far this country trade In Hiiitn of itonit
trav bfks l i improving and Wall Slreri
tin Ronrrirll convinced that prlcm mini
t ultlnnewtyr advance that It is buying
c iiudlsrnarH by tutu recent reaction IIio
r mouht lnned UD to December i > a
statedat 11010KSI ncalrmt 8313 90 lasl
ip jf4r1ltOI7MH tvo years ABO and BSOBK
5 Ciii luoi JodtiKs crop ilmitte fay the
1iIf Jovcrtiliwnt U ftvpected to be In the neigh
1 vbnrhoodKil iSJWiopo bale i
i Ivdward Moyse k Co said Wiatever the
L jovernrnefit may assume this crop to IM
the miKpcnso will be over wltmn twenty
four hours and the fact will then remain
T f tliitpricEs or cotton tire cheap end hat the
commodity IQ invest in it cotton below
o 0 cenw a pound
I Me sni riIir Mitchell Uubbafd
Owathmeyt Hclnll and lUck were sellers
c Meears rarpenler tlachc McFadden Han
dolph Clevrs Hayden and Molett were
buyuirs
4 ni j
llubbard Bro A Co aidf There were
buyers who felt that the crop estimate ol
I > the Government to be issued would be
fl Smaller thanTh cinnenC reportwould lead
ut nne to expect ThK huyluc continued at
E rch point dpcline thun while the close was
I St the loirent point the market vas by no
T naeaus weak and many expect a sharp ret
i covery tomorrow
ruturps cIowtl e to ti iiointe Jower with
1 Ili tcrn Jiand the etliqtqct etles
1 bales 1nccs as followe
Open lllyfi Low doi Fret
tno us t rig ing doit
tariar MA A 74 ft er AG455 871
k 3tCb 570 A 74 A rS 55140 e
May A 7B A XI 70 A 7071 SJK
1 ft 70 s i s C5OO a 72
s AS ft 43 i 44C 141
L IJeceniberecu ii i sc 7te it 07
Futures in New Orleans were as follows
Open uicfi Low Woi Prtc
in0 trt fit inc riojr
Tiecenibera AM j < i n 53 s
i January 8 < n 557 ni ii ggj
I March 8 no 8 7o i a s 81 e M
i < 1i lIverpool pot lotton declined n jolnl
iMlddllnc 4cnL against uiil UH year
4llJei buy bales IncludinMiuKiAiiicri tail
jmports niooobalesIncluillnitTnUK mnrl
SiiiJ 1 bell lied U < to i t IntV hut
Sjfifttljlea nnd olo ed H higher to i lower
1rICe55s follows
i1 Ytlltrtiiv Prrt iI vtl
I ajBaryre iruar I 71 4 t1 5 M
M wmAi > rti 4 MiJ 4 IC J
1 da7Junr1 1M I f
ttPJwYAlJriiit 605 4 je
i Uvirpool Is due to < orne 3J to 4j iolnl
fu f upwer toda >
Spo coUon VM 10 points lower Mid
i i dItng < tU o aontumt 11 t5c Delivered i < > u
I Contracts ono bHlrs The Southern Hr
market unchanged Mlddllnc Clalvoiton
aJC < ew Orleans Il < Mobllo sc
ti Kavarlnad 8Jp anti Crlnrlnston 8J < e
s Thfl movement von us follows
i 1 titeriv 1rn ttJv IHOJ
1 Tort recrlpta niit Pi 013 is
i tMrtScpUl 6ffltiia SIDMS
I The semlweekly movement at the thir
teen principal Interior to vnn was cc follow
JTH4 utet tail vrelt im
fleeciptatva rsioo joc Mt
L tinlpmrntt k I2u3l 120 m DM03
The estImated rcctlpts were as follow
R > Today Iaii tfffk Itfi7
Houston ion = tm IAOM tvoo
i jsoor it vn les
ewOrMgji 14nz 737
ΒΌ Port Export l2I7 bales elnoe September
S 1 34t49 5 acaln KJJSI Ul year
I I
c
IOULIO NOTICE
BOARD K3TIUATE AND APPOftTIC
X1ENT CITY 01 NBVt YOnif
PubUa Notice la Hereby liven that at a mi
Inr of the Board ot Kttlmate and Apportion
held this day the following proceeding ware h
Wherein the nronx Traction Company I
wider date or July a IMo made application
tbli Uo rd for tbe grant of the right ptltrlli
ana Iraacbli to Construct maintain and oper
a street surface railway upon and aloof Clto
Point noad from Wettchester Avenue to U
Iiland Sound In the Dorougb of The bronx ac
Whereas ectlon n ot ha lUllrotd law a
Bectlort 7J 7s and 74 ot the fireattr New Y <
CbsrUf at amended by Cb7Ur ei and MO
the Law or loos provIde for the manner i
procedure or mahlnc such crania and
s bereal In pursuance to SUCh Laws this H u
adopted a resolution on October L 1SOS Oil
the date tor public bearing thereon u October
leAs at which cltltena wen entitled to a
be heard and publication waa baa for at 16
fourteen Ml dtjtjn the New York Sun a
the New York Tribune iiewtpaper det
nated by the Mayor and In the City Itecord I
ten esyl ImmedIately prior to Ibe date of hearli
and the public hearing was duly bad oil suCh ui
and
andWbereaathl Hoard hi made Inquiry as toll
money value of the franchise or right applied Ic
and proposed to be ranted to the llronx Tract
Company and the adequacy of the compeiiiall
proposed to be paid IbereloV now the refore It
fi toJrtfd Ttui the following form of the rn
luilon for the grant of the franchIse or rUhl II
piled for by the Bronx Traction Company re
lIning the form of propound contract fot1
ifiint ol such franchise or right be hereby Intr
duced and entered In the minutes f this Hoar
Is follows Ni wit
Raoird That the Hoard of Mlntle aj
Apportionment hereby ranti to the llroi
Traction Company the ranchlse or rlht fully i
out and described In the following form ol pr
poted contract for the rant thereof embod > li
all ot tbctfrtnn and conditions Including it
provisions as to reins jams and charges upi
and subject to the term and conditions In ta
proposed form or contract coutslned ana in
the Major of the Cltyof New York be and I
hercblsaulhorlred to execute ami delU erst
contract In the name and on behalf of the C1
ol New York as follows to wit
THIS COVTHACT made this day
1W b > and betwren THK Crrr or NE
IoitK hereinafter called the City party ot It
IrM put by the Mayor nf said dIr acting Sc
md In the name of said CItY under and In tm
luance at the authority at the bard of Ui
rate and Apportionment of said Cltvv berth
tier railed llie Hoard and the llaoaL TILACnO
JOMFiKr tierrtnatifr called the Company
isrty ol the second part WITVSMKTH
In consideration ot the mutual covenants At
igrremcnlK herein contained tho parlies here
lu hcrr lij cuvcnint and arvo as follows
cTI0X I The City hereby grant to tl
Vjiipiii nutiicut to the term and uondltloi
lerplnarter wl forth the right and pelt
rge to construct maintaIn atoll operate a doub
rack cxtentlon to M present street surface rat
isy With the necewary aires and rqulpratr
nr the purftox of coneyln paasenicers In tl
loroitEh of The IlronsnClty of New York ur <
he fotloyln route
Meclnrilrn atand connectlnr with tbe riI
tIC IfiulJc trucl street surface railway C
eittcheater avenue nt the Intersection 1
nald avenue with Claaons Point road at
running thence easterly In upon and aloi
said CUsoni Point road to the public nla
at Ibe easterly terminus thereof and menlo
thence with a loop In upon and aJonr sal
public place The said route with turnout
t lkhc < and crossovers hereby authorIzed
shown upon a map entitled
Map thovrtnr proposed railway of Drat
Traction Co In the Itorough ol The linen
City of New otk to accompany pctttlt
to the Board ot Katlmale and Apportlo
ment dJted July W IWS
and sliriird by Knward A llaher Pretldtn
and T r JilufUnci Chief lnrlnetr a copy i
which la attached hereto Is to be deemed a pa
of this contract Is to be construed with the tei
thereof and Is to be substantially foil own
provided that deviations theretrom and add
Uonal turnouts switches and crowovem whlc
are continent with the lorerolnr descrlpllc
and the other provisions of this contract mi
be permitted by resolution the Hoard
SEC r The crant ot this prlvfletro Is subject i
lie following conditions which shall be compile
lib by the Company
Fiwrr The consent In wrltlnr ot the owners <
alt In value of lbs property bounded on sal
meets and avenues to the construction andoi
ration of said railway shall be obtained by U
ompaay within six months from the alrntnr 0
ils contract by the Mayor and a copy of sue
ansents shall be flied with the Board within sue
me or In the event that luch contents canoe
e obtained within such time the Oompai
ball within one month thereafter make appl
itton to Ibe Appellate Division the Sunrera
burt for the appointment of Conunlsuooei
i the manner provided by the Haltroad AW I
etermlne It saId railway ought to be con
tructed otherwise this grant shall cease an
etermlne
SCOOND The said right to construct mail
tin and operate said railway shall be held an
njoicd by Company for the term of niter
IS years from the date upon which this coo
raci It signed by the Mayor with the prtvller
f renewal nf said contract for the further ncrio
t twenty idl seats upon a fair revaluation o
Orb right and privilege
It Company shall determine to exercIse It
rtvtlece ol renewal It shall make application 0
be Board or any authority which thai be aulbot
eed by law to act for the City In place of tb
loan such application aball bn made at an
Ime not earlier than two yean and not later tha
ne year before lbs expiration of the orlflm
trio or this contract The determination ol th
evaluation shall be sulttclent Ifaereed to Ti
rrlllnt by the Company and the Board but Ii
0 case aball the annual rale ot compenaatlb
0 theCIiy belChed at a less amount than th
nm required to be paid during the last yea
nor to the termination of the original term c
hit contract
If the Company and the Hoard shaft not read
uch agreement on or before the day one yea
clone the expiration ol ibt original term ot thl
Dntract then the annual rate compensation fo
ucb succeeding twenty 20 years shall be reason
bIt and either the City by the Hoard or tb
ompaay shall be bound upon request ol tb
then to enter Info a written agreement < wltl
ach other nxlng the rate of such compeuaatto
t such amount as shall be reaaouable but In m
lie shall the annual rain so fixed be less than the
am required to be paid for the last year pilo
> the termination of the original term ol Ihl
Eintract and If the parties shall not forthwltl
rrt upon what Is reasonable then the partlc
ball enter Into a written agreement tutor such
flnuI rate and at sucp amount at stall bedtttr
lined by three disinterested reeholden aelectn
t the following manner
One dklqtcrated freeholder shall be rhotet
y Ibo Hoard one disinterested freeholder thai
ecboten by the Company these two shall cboon
third disinterested freeholder and the three sc
losrn shall act as appraisers and shall make lice
valuation aioretald Such appraisers shall be
lovrn at leart six months prior to the eipltatloi
I this original contract and their report shah
c fllrd with the lloard within three month
her they are rhoaen They shall act aa ap
raltere and not as arbitrators They may hue
telr Judgment upon thdruwn experlenre not
lion ach Information as they may obtain by
qulrles and Inv educations vMtnout the presence
eltbpr part Tu shall have the right U
amlncan ol tbLcvukaoT the Curaimny and lii
nc rs under oath The valuations ao awier
Ined tiled ami determined shall t t conduslvi
ion both ivartlci but ao annual sum shilL Ir
iy event be lew than the sum required tone paid
r the last year ol this orIginal contract If
any cane the annual rain snail not be zed
ion to the termination ol the original term ol
Is contract then tbe Company shall pay lice
inual rate theretofore prevailing until the
w rate shall determined and shall then make
> tolihr City the amount or any eirew ol Itt
inual rate then detrrmmeil over the prvvlou
mual rate The rumpentallon and cxteo ei
the told appraiser nill be bonir Jolntlj bV
It citiand Inc company each paying one ball
Creel
TBIBD TheCompan saall pay to the City for
privilege the following auras of money
The sum of three thousand nyc hunareu aolUn
IMO U cash within thirty daysaller thedati
t uhicb mm contract Is signed by the Mayor
During the Ural term of live years an annual
m wbJco aball In no caw be lean than three
indred and wvent > five nlollars Hj ana
Ulcb snaIl be equal to three per cent of Its grosi
mual receipts it such percentage shall exceed
e sum tf tkrtti hundred and s yent > nve dol
raipili
During the second term ofjlve years an annual
in which shall la no raseTe less than six hun <
ed and eightyseven dollars W and which
M bi equal to five per cf nt ol Its gross annual
celptt It moo percentage ahall exceed the sum
six hundred and eightyseven dollars IW
Durlagfthj third term of five years an annual
m Whicn shill In no case be lass than seven
indeed and flltyslx dollars 16316 and which
all be equal lu nve per cent 01 Ittt gross annual
cptt If such perceatage snail exceed the turn
wvcnliunaml wia fifty dx dollirt DIM
The groSs annual receipt mentioned above
all be that portion of the gross receipts at the
mpany AS shall bear the same proportion tu
whole gross receipts u the length ol the ex
islore hereov granted alull boar to the entire
cub or the line In operation
1 he payment of such minimum sums snail
gin Worn toe date on wblcn this contrnct h
ned by the itayor
Ml tucb sums aa above shall be paid Into tin
uuiury or the City on November 1 of each year
d shall be for the amount due to September K
xt preceding
Whenever ins percentage required to be paid
ill exceed tae thltumnm amount aa above such
mill be paid
m over and above taca minimum
the said Comptroller on or before November I
each year for the year ending September V
xt preceding Tire focal Year Aall end on
plemoer ao next preceding said date of pay
nt and provisions of the nallroail Law At II
u films or as It may hereafter M amended
stlnir to the manner ot pal menu and slate
nIc of percentagea ot gross receipta ot SIred
Iwur companies cot InconsIstent with this
flinch shall beatrlctly compiled with
rite Intention or this paragraph Is to fix an
nital entree to be paid iiy the Company tu
LIOKOM nr assign to The City of new York
r me reliU and franchises hereby granted
U It shall not be construed as providing con the
inuDi by the Company Its aucesors or as
ni of a percentage of gross rcelpu within
L rn jnlnt of any general or special ttatute
errme particularly to chapter aw of UM Laws
ls ny and all naymefata to be made by the terms
IliU Contract to the City by the Company shall
t Ice considered In any manner In true nature of
Las but such payments shall be In addition to
y and all taxes ol whatsoever kind or derIp
n hew or hereafter required to be paid by any
llnance ol the City or by any law of the hate
New ork
rocnrii Upon the termination of this original
itnrt or II the same be renewed then at the
mtnatlon ol the said renewal term or upon the
miration of the rights hereby granted for any
icr cause or upon the dissolution of the Com
ny before such termination the tracks and
Jlpmrnt of the Company constructed pursuant
thIs rontrart within lbs streets avenues and
hwayt shall become tbe property of the City
thout cost and the same may be used or dls
ted ol by the City lor any purpoa whatsoever
i
S rvMli 1da 5
or tbe same may be leased to fly esapiflI
Individual
If however at tbe termination of tI rant
above the City by the Board still so order
resolution the Company shall Jjpoo thirty i
days notice from tbe Board feihIioYI ICY and
of us traclfr and other equipment oonitruc
punuant to this contract and the asm lIre
avenues and hTgbwaya shall be restored la II
original condition at tbe sole cost and expense
the Company
rirrnThe annual c tar res or pa mtnU al
continue throughout the whole temv of tW 0
tract whether original renewal notwltht
Ing any clause In any statute or In the chseer
any other railway or railroad company prarla
for itaymenls for railway or railroad rlahw
franchises at a different rate and no aitltomi
call or sublease ot the rights or prlvlle
hereby granted whether orIginal or renewal
of any oart thereof or of any of the routeS n
Honed bernn or of any pact thereof shall be vi
or eitectua1 for any purpoMunteutbemUdawl
bent lease or sublease ihall contain a roren
on the part ol the sullies or lessee that th aa
Is subject to all the conditions of IbIs eontrt
and that the assignee or lessee asaumea apd i
be bound by all ol said conditions and especli
said conditions as to payments anything In <
statute or In the charter of such attlgnee
lessee to the contrary nbrttbeundn and II
the said AssIgnee or lessee waives any more fi
orable conditions treated bytucli statute or
charier anil that It will not claim by real
thereof or otherwise exerapllon from llapll
to perform each and all or tile conditions ot
Lon tract
SixTnTbe rights and privilege here
granted shall not be atslgned either in nbole
in pan or leaaed or sublet in any manner n
ihall title thereto or right Interest or propei
therein pass to or vest la any other pen
nr corporation whatsoever either by the i
uf the Company its successor or astir
or by operation x law whether bUIld the ph
rttlons 01 the statutes relating to the n
wlldatlon or merger of corpora lions or oth
wise without the consent ol the Lily act
ti > the Hoard or the successors In aulhori
evidenced by an Instrument under veal at
Ihlng herein contained to the contrary then
n anywise nolwltbataudlng and the gratiUi
lIning or waiving any one or more of su
coUnts ahall not render unnecessary any si
lequrnt consent or consents
hKvrNrntNotblnc In thin contract ahall
teemed to affect in any way the right of tbe C
lo grant to any Individual or other corporation
Umllar right or privilege upon the same or ott
elms and conditions over the same sIre
tvenue or blgbva herein above described
lection 1
The use ol said railway which shall be cc
unified hi Company under this contract I
ludlne the track aires and other equipment
my attucturoi In public streets and avenues own
iy tbeUOnhIany ann Ustil Iii connrcllon therewii
mail be permitted by the Company to any Inc
Irtual er corporation to which toe City may ha
ranted or may hereafter grant tnerlghtorprt
ege to UM such streets enuesor blgnva net
n above described in section l tor street rauw
SUrIOIIi uiwn pa ment of an annual cum I
tucu Indmtiual or corporation to the lorUpan
vblch shall be equal to the legaf Interest on su
proportion 01 tIle wnole cost of tOe conttructl
> f SUCh railway and structures and ot then
it keeping the tracks and track equipment
repair asjihe numutr ot earn operated by su
ompAny or Individual shall near to the nurob
if cars operated by the companies turn Uilr
he same together with the actual cost ot t
ower necessary fur the operation ol toe ci
ihcreou of sucu Individual or corpcratlon at
he cost of laying and repairing of pavement ai
emoval ot wow and Ice and all the other out
mposed upon the Company by the term of U
ontrmct In connection ultic I Out malntenan
> r operation of the said railway ao VIMU IT
rlded however that If In Ibi opinion of the Cot
> any the legal rate ot Intern of the cost ol BUI
allvay shall be an Inwitaclent turn to pay Ii
he use of such tracks U may appeal to the boar
nd the Board may fix a percentage ol the re
o be paid to the Company at a turn In xness i
he legal rate of Interest If In Its opinion sui
ictton la Juillfled
The Company ahall not at any lime OPPM
ut shall upon the request ol the Board const
o the construction or operation of any street su
ace raIlway which may necessitate the us ot at
brIton of the railway which ahall becenstruen
ij the Company pursuant to this contract
RIOBTH Said railway may be operated I
iverhead electric power substantially simitar
he overhead electric system now In ute by sIre
urfacerallwa > sln the Borough of The llronx i
> y any other motive power except locomoll
learn power or horse power which may be a
roved by the Board and consented to by it
butting property owners In accordance wl
he provision of law and by the Public Servl
femmlaston of the First District of the Stile i
lew York <
NINTH The Company shall commence co
tructton of he railway tiertln authorized with
Ix months f rota thedaletupon wblch Ueconsen
f the property owners are obtained or from tl
ate Vipda whIrl the decision of the Apptlla
Hvlslon ot the Svpreme Court that such ratlwi
ught to be conntrjctrd Is rendered In lieu of au <
onsents and shail complete the construction ar
lace the aims In ull operation within one ych
ram the date ot obtalnlnz such consent or sui
eetslon othennt iblfl Tight shall Cease and di
ermine and alt uncs paid or which may be di
oslttd with the Comptroller the CItya liege
latter provided Khali thereupon be forfeited I
He City provided that such periodn may be ci
indedby the board tor a period or periods ti
xceedlnc In the aggregate six mouth each an
rovlded further mat when the commennetcei
completion of saId construction shall be pr
entM by legal proceedings In any court c
y works of public Improvement or from outs
ausen not within control of the Compaji
in time tor tbe commencement or completion <
orb conslrnctlcn may be extended for he perks
f such prevention but no delay shall Ue IIowr
rUflIdt5 hh coUrt proceedings shall be tllltgenth
r0scfltd by the Cbrooany Cod trovldftl liii
lit that Ia no cace rhU such iIehy betiesined I
egin until the Company ibhI have ttveowritte
otlce to she Board ot any surb court proceeding
rotber occasion of delay and deliver lo tot Dour
> plea of any Injunction or other orders and th
aper upon which the same shall have bee
ranted sndcJcss upon the request ot the Boar
ic Company shall In writing control that th
oardeither In Its owp name as a party or In th
sme Ot ihr City as a party may Intervene In an
ich proceedings
TtKrn Said railway shall be eonttrucln
islntalucU and operated subject to tbe burr
lou and control ol all the authorities of Ml
Ill who have jurtxllcllon In such matters a
rut lOrd by tbe Charter ot the City
fajtTKXTii Said atl ay shall txi conitructe
d operated In IllS latentapproved rnannerc
reel railway oonMructlon and operation an
Is hereby agreed that the Uoard may rcquti
le Company to Improve or add to hit rsllwa
lulpmenli Including rolling atorlc and ralrwa
jpuruaanccs from lira to lime as such ac
lions and Improvements are necesaar In tf
ainlon of lice Hoard Upon failure en the pai
1 Company to comply with the direction c
ie Board within a reasonable time the right
> reby rranted shall cease and determine
TWELFTH Tbe rate ot fare for any russegi
ion Such railway shall not exceed fit 3 cent
id the Company lull not cbage ins baawngi
ore than five II cents for one continuous rid
om any point on said railway nr a line or branc
leralrd Inoosntrtlon ihwwlth to any poll
icroot or any connecting line or branch tberro
llhln the limits of the CIII I
The Coin pan shall carry free upon the rallwa
reby authorized during the term of this con
act all metubTH ol In PolUx and lIre Depart
eataof tbe City when such employceii ate Iq fu
iltorm
Tbe rale for tho carrying of properly over th
Id railway upon Ibe cars of the company sha
all cases be reasonable In amount mubertl
e control ot the Board or ItajtucccMora In an
ority and may be filed by sUch Board atte
nice to Company and a bearint had thereoi
id wben so fixed such rates shall be blndtn
ion the Company Its successors of atilgns imp
shall be charged farsuch
i greater sums servtc
an provided for by II
TuiamuiTB No cars shall b operated upo
r railway hereby authorited other than pu
tiger cant cars for the transportation of expret
alter nnd cars necessary for the repair or main
nance ot the railway and no frdgnt cars thai
operated upon thrnfack ot cud rallwayraoi
e irarka Hereby aulboriird shall not bo use
r tnAtorage of cart
KotnrrRrKTH Cart on tbe said railway aha
n at Interval ol not more tbaa thirty minute
itb day and night and at much olteacr as rea
nable convenience ot lice public may requireo
may be directed by the Board
Provided however that the Company dininl
e flnt nve years of this contract shall not b
quired lo operate Us cars between the hour
I oclock a m and fi oclock a m cacti day
ileu the Board shall determine alter a hearlni
id thereon that public convenience requires tb
leratlon ot cars dnrtng uld hours
FtrrxcNTH Tbe Company shall attach ti
cb car run over the said railway prope
eden and wheel guards la conformity wit
ch laws and ordinances as are now In force
may bersatler during tne term or this con
Itt he enacted or adopted by the Slate or Cll
1 icon lies
SIXTIKXTH All cars whIch are operated ci
Id railway shall be heated during the etch
jither Ii conformity with Such lav and ordl
nces as are now Inforce or may bereattei
ring the term of lls contract be enacted o
opted by the State or City authorities
ScTEtffLCXhIThe Company so long aa I
all continue to use any ot the tracks upo
e etreett and avenues bt which said rail
iy shall be constructed ahall cause to b
tiered at least three lImes every twentyfou
urn when tbe temperature Is above U degree
ihrenhelt the entire width ot the streets an
enuea eicepl when the width Cf said street
ut avenues shall exceed eo feet between cur
ies In which case the Company shall cause t
watered only CO feet In width of such roadway
id the Company shall provide for such purpot
least one tank car the capacity of which thai
sufficient to water such streets and avenue
a satisfactory manner
rioHTKEKTtt cart operated on Mid rail
iy shall be well lighted by electricity ornr
me lltbtlne t item equally efficient or as ma
required by the Board i
NINXTZEXTH Company shall at all time
ep the Streets avenues or highway upoi
ilch the paid railay It constructed betweei
> tracks the rails of Its tracks and for a die
nee of two feet bejonfl the rails en either Bldi
treat tree and clear from Ice and snow
oyldMI however that the Company stall alibi
lion of the Commissioner ot literal Cleaning
let Into an agreement for each wlnlesreaaaD
part thereof to clean an equivalent ammo
street surface trail bouse line to house tine
rwDmTnThe Company shall causa to bi
ted that portion o the Street between It
cclii the raIls ot It trunks and two teet U
dth outside ot Its tracks upon and along thi
crts avenues and highway of the rotftei
reby authorited which are now either unpavev
paved with macadam The work of suet
ling shall be done under the supervtiloa ot thi
nlclpaj authorIties having Jurisdiction la suet
tiers Such AuthorItIes shall deslntte the
trader ot the pavement to be laid
ti long at the said railway or any portion
reef remains la the street avenue or highway
i Company shall have and keep ID permanent
ialr that portion of the surfaces of the atreet
rolls or highway In which laid railway la con
ucted between Its tracks lbs rails ot Its trarki
I for a dIstant or two feet beyond the rill <
yt A I I
i
PJNLW I 1Tf4yrKKL
on eIther sldeihflof under tho suwrvtslon
the local authorities whenever required by Ui
I to do ao and in tuch manner as the may p
scribe And the City shall ttSYe the right
change the material or character ot to Payero
ol any ttreet avtnue or1 highway and In II
event the Company Its successor or aitlf
shin be bound to riplacO loch pavtmeht In I
manner directed the proper City pmccr
Itig owngprnae and lbs provision affta tIPS
herein contained ahall apply lo such renewal
altered pavernenl I
VRSZSSAn ll VUoi loihe sewage
olber iubil
age or drainage ayiletn or to anyother
race or to any surface structures in thS lines
required on atootml of the oonttructtoa or ope
lion ol tEa railway shall bfl made nl the i eole c
of the Company and m tuch manner at the pro
City oindala mar prpjcrlb sh
TWEKTTi onxDllefore any ooniltileUonst
be rommeniod upon any portion of the iou
written permit hIl be obtained from the Prj
dent ot the liorough ot The Bronx and the Co
ralssloner of Water Hubply Oas and Klertfld
and the Company shall comply with any con
lion which those omelal may Impose ai
fondltlonfupon whlch web permit ft grant
for
aitch rondltlon af6 mpoaed
provided
overwbl
purpose of protecting the structure over
tboae omclals tov e Jurisdiction
TwMKTTTHmotTbe Cotoivany frreea
comply whit any and all the rules whlrTi may
made by the Commissioner ot Water Hupp
las ancl Klectrlcity for ton pUrpoteof pwvfi
Inc lUo detlructlon ot the pipe or lruf tuies
electrolysis which nfay he oau
Iba street by
by tbe eleetrlo current used by the Compai
whuher such rules affect tile i method ol the orl
Inal conttrutlloniol said railway or any race
strurtlon maintenance or repaint upon auch n
ol this cc
way at any lime during the term
trail wu TTrmnrnIt Is agreed that the rig
hereby granted to operate a street surface rallw
shall nol be In preference or In hindrance to pub
work of the City and thould the sold railway
of pub
the construction
Interfere with
say way
worls In the streets whether the same Is done I
tics City directly or by a contractor for the Cll
tee Company Hlla I at Us own cipense protect
move the tracks appurtenances in m mann
a directed by the 1resldent of the Borough
The Ilrecn
TWHsrrrirraSliould the grades or lines
tile streets In which franchise are herein grant
tilc
bechanged at any time during the term ot tl
cSBlrsct the Company shall at Its own eticefli
change Its tracks to ronlorm dull sucU new grad
tbo conitrucllcn of ai
and lines and during
punllc Improvement upon tald street the Cot
the track
ranT shall take care of and protect
Its all to be done aubject to the ii
own expense
rectlon of the ITekJdent ol the Borough ofTi
lIronS
TwE tT BIXTH Upon one yearsnotlce fro
the Board the Company shall make appllcatK
ii
to
to said board for the right or privilege
lo I
hereafter
Its track upon other slreett
ttbe eat
opened adjacent to the public place at
same I
road the
Point
erly terminus of Clasona
the loop terminal nertt
bo In subttltutlon for
and within a
authorized lu the public place
months after uch right or privilege Uobtalne
remove all of Its trad
thall at Its own expense
and appurtettnce fromisald public placf
Company shall obm
TwKjrrT BTEMTitfrhe
lo the Board a reporluot Ute than November
of each year for the jear ending September
next preceding or at any other time uponr
quest of the Uoard Vrhlch shall stale
1 The amount of Hock Issued for cult fi
5 The amount paid In at by last rtporl
Ii
ot capital stock iald
1 The total amount
4 The funded debt by iMtreporl
a The total amount of funded debt
ft The noaltng dent as by last report
1 The total amount of tloatias Owl
6 lice total amount ot funded and iloalln
debt
I p Tiie average rate per annum ot intern
on funded debt
10 Statement of dividends paid during U
year S
11 The total amount expended for lame
is The name of the director elerted at ti
last meeting of the corporation nel
for such purpose
13 Location alue and amount paid for re
estate owned by the Company II J
last report
localJonTvaJue paid for rej
II I oration value and amount
estate now owned Uy the CcrrpaIy
IS Number of patengers carried during lb
5 lit Tnlal ftCeidtl of Company for each chat
of biislneju 4
1 > Amounts paid by the Company for dan
age to persons or property on accoui
ol connructlon and operation
S luclildln
is Total expenses for operation
MIS rte
and such other Information in retard to tH
as may be required n
ImttnetM ol tne company
lice hoard
TwFtrTtnoiiTHThe Company shall ai a
times keep accurate book of account or the iro
raining from all sources within tile llnutapi U
an and shall on pr belore November 1 of car
the lompirolli
to
make a verltled report
rear
it lice CIV of ttsLjLnVSdotteby the Compan
ran the > ear endJnt aeptember next preceumi
n such form as he may prescribe Such tepoi
ball contain a statement 01 the grow edItIng
torn all railway lines owned or operaieu bystiu
mpany the toul mllea owned by the Conflian
ind in operation and tne jnllen pi rallwai cot
tructfd and operated under this contract an
lien other lutoroiailon at the Compiolter ma
atuTliV The Comptroller Shall have access t
jlm otcoflbeCompanylortbpuri oteof ati
almng the correcuiesj of I ta > report and ma
xamine IU orncers unIer can
TWK TT SISTR In cane pt any violation o
ireacb or lalmro lor comply with any ol tel pro
tiJona herein contained this contract may be loj
elled by a sulli > rqugttt by the Corporation Coun
el on notice ot ten days to the Company or a
he option ot the Boarl by resolution of aali
101112 Which said nuiuilon mayconwln a pro
1slon to toe eStct IhatOiie railway conttructM
no In ute by tlrtue ot thla contract shall Uurt
become too property of tile City wlthou
iroceedlng at taw or In equity Provided how
tsr that welt action by the Hoard shall not be
tken until the Hoard shall give notice to the Com
any w appear before it on a certain day not itac
nan ten tim day alter the daleol such notice
bsbow cause wh > such resolution declailni
tie contract lorfelied should not be adopted
n case the Company falls to appear action ma
e taken by the board forthwith
Tuii irrnlf tne company mall fall to glue
nirtent public nervlce at the rate herein fixed
r tall to maintain Ils structure and equlpmen
s herein provided In good condition throughou
tie wnole term ol tide contract the Board mali
Ivr notice to tbe Company specifying any detaul
n the part of tbe Company aha requiring the
ompany lo remedy the same within a rtasonsbli
me sod upon failure of the Company to reined
uch default within a reasonable lime thE rum
my shall for each day IdentIfier during whlcl
ne default or delect remains pny to the City the
ol one hundred dollars itlCM an nxed 01
urn
quldated damages or the lloard In cf met
tructures or equipment which may aflect the sur
ice of tbe streets shall not be put In good con
lOon within u reasonable time after notice b >
He lloard aa Aforesaid shall have the right U
lake all needA repairs at the expense ol the
company In which case the Company shall pay
j the City the amount of the post ot sucbire
airs vrltn legal Interest thereon all of whlcb
the fund htrelnallel
urns may be deducted from
rculiid
TtiiBTTnuT Tbe Company shall ssumeall
ability to Demons or property by reason of the
onttructlou or operation ol lIlT railway author
ted by this contract and It condition of thli
anlrnct lAst Ibe City shall astume no liability
bauoever to either person or property on ac
aunt of the seine and the Company hereby
grw to repay to the Cltjnany damage which
ue City thtfl be compelled to pay by reason ol
ny acisor delault or the Company
TBtRTTaKooXDTbls grant 1s upon the rxpreu
itndltlon mat the Company wIthin thirty < 301
Sri after tbe signing of this contract by the
layor and before am thing la done In elerrtse ol
iLa rights conferred hereby shall deposit with the
oraplroUtr of The cur of New York the sum ol
x tnoutand dollarS MOW either In money or
rcurt Uea to be approv ed by him Which fund shall
e security for the performance by the Company
tall of the terms snd conditions of this contract
ipectalty those whit h relate to the pa > ment ot the
irjual charge for the privilege hereby granted
te efficiency or the public service rendered the
pair of the ttrect pavement the removal ol
tow and Ice and the quality construction of the
illway and In case default In the performance
r the Company ot tttch terms and conditions the
Ity Shall have the right to cause the work to be
> ne end the materials to be furnished for the
rfortnance thereof after due notice and shall
illect the reasonable Cost thereof from the said
ind without legal proceedings or after default
the payment of the annual charges shall
> ilect the same with Interest from the said
ind after ten days notice In writing to Ibe Com
inn or In ease of failure to keep the said terms
id conditions of this contract relating to the
Midway heating and lighting of cars fenders
heel guards and watering ot street pavements
M Compny shall pay a prosIly ot fifty dollan
301 per oay for each day ol violation and the
inner sum of ten dollars Ito per day for each
ir that shall not be property heated lighted or
ipplled with lender or wneel guards In wit ul
ie violation of the provision relating to those
The rocedure for lbs Imposition and collection
t the penaltieaiht this contract shall bow follow
The Comptroller of the City on complaint made
ull In wri ting notify the Company through Ita
rtttdrnt to appear before him on a certain day
ot less than ten 110 days alter tbe date of inch
otlce to show cause why It should not be penal
ed In accordance with tbe foregoing proTlslona
F the Company tails to make an appearance or
Her a hearing appears In the Judgment ot the
nmptroUerTo be In fault said Comptroller Shall
mhwitb Impose tbe prescribed penalty or whets
Be amount of the penalty It not prescribed
rreln such amount as appears tolilm to be
tit and without legal procedure withdraw
ie amovnt ot rueh penalty from the security
md deposited with him In case ot any drifu
lade upon the security fund the Company shall
pen ten UOl days notice In writing pay to
ie Comptroller ot the City a sum sufficient to
tvore said security fund to the original aaoiint
r dx thousand dollar UOOO and In default
lercof this ooBtraet shall be cancelled and an
ailed at the option of the Board acting In behalf
I the City No action or proceeding nr right
ider the provisions of this contract shall affect
iy other legal rights remedies or cause ot ae
on belonging to the City
THorrtTBiBD The grant ot this privilege It
ibleet lo whatever right title or Interest the
rners of abutting property or other may have
and to the streets avenue and highway In
hlch the Oompac U autbortted to operate
TKnrTTrotJwr rhe worda notice or dlrec
an wherever used1 In this contract shall be
lemed to mean a written notice or direction
very such notice or direction to be served upon
e Company shall b delivered at tocb office In
e CIty il shall have been designated by lbs
irapany or If DO such ofDoe shall have been
signaled or If such designation shall have for
iy reason become Inoperative shall be mailed
the City postage prepaid eddresaed to the
mpanr at Ibe City Delivery mailing ot such
tllce or direction Ii and when above provided
all hi equivalent to direct personal nolle or
rectlon and shall deemed to have been then
the time delivery or mailing
TptnTTrtmt at any time lbs power of
e Board or any othtrof tbe attthoriUe herein
rnjlonrd Intended M be mentioned shall ha
F > VM I
HIM4K7
triniferndfer lawto tnqtbcr Board an too r
officer or offloen then and In neb caMiucbe
Board authority offloer or pincers shah b
ill tb powen right sod duties herein ream
to or prescribed for tile iloird OrOIbeTaUlhOTlt
oOUteror offlcer t
Beo 3iThlt contract U alto upon lii furl
met ezpreis condition that the provIsIonS at
IUI road Lair applicable thereto and all laws
ordinance now In force or which itay
acloptcdailrctlog the turiao railway ope
big in the City not inronaltteni with thi te
and condlllcnu hereinbefore Died ball be attIc
compiled with fcy the company
SEC 4 The Company nromittt oovent
and agree on ita part and behalfto conform
and abide by and perform all the term C
dlllona end requirement la this contract di
ind contained i <
In wltne f whereof Ibe party of thi flrtt p
by Ita Mayor thereunto duly mhorU 4 by
Hoard otKatlmate and Apportionment of i
City baa cawedthe corporate name of I
lily to be hereunto tlgnedand tbe Mrpoi
sell ot aid Ctty to be hereunto affixed and
party pf the ascend part by Its omoers < thtreu
duty authorized baa caused lu corporate nt
la be hereunto signed antilt corporate seal to
hereunto amxcd the day and year flnf ab
written t >
TM Crrr or NgfW Yor
C ny
oonroiATB
5
arazj
Atteat n
dW iW
I nnbnz TiUpiiod Couraxr
I I
luaU C ny
frnUenl
Attest
J
IlliU fitcreiaf
Here add Acknowledgment
ItiiotHtt TUB t the results of the Inquiry mi
by this Board at to the money value of the frt
chlie or right proposed tobe granted audI
adequacy of the compensation oiropcmed to
paid therefor and cf the terms and oondltlo
Including thr provMon as to ratea fares a
charges are as hereinbefore specified and tu
set forth In and by the foregoing form ofph
posed contract forth grant ot such francb
or right
Jlttoitttl That theno preamtts erd rcss
Hans Including the uld resolution roc the grant
a franchise or right applied for br the Bra
Traction Company and the laid form of pi
posed contract for the grant ot such franc
or right containing MId results of such Inquli
after the same ihall be entered In the mimI
it thIs Board shall be published for at lu
twenty CO > days Immediately prior to rrid4
December IS lDcl3in the City Itecord and
east twice during the ten day Immediately prl
December 18 1905 In Uvo dally newspaper
> e designated by the Mayor therefor and pu
Ithed In the CUyor New York At the eipec
f the Bronx Traction Company together wl
he following notice to wit
Norm IB nxnxuT OITKN thai the Board
Pttlmate and Apportionment before aulho
I ting any contract for the grant of the Ira
chlseor right applied for by the > ltronx Ira
lion Company and fully set forth and d
scribed In the foregoing form ot PTOPOSI
contract fer the grant of such franchise <
right and before adopting any resolutli
aulhorixlnr any such contract will at a me
trig of said Board to be held In the Old Count
Chamber City Halt Borough llanhatta
Idly of New York on Friday December I
Itoa at tItle oclock A U bolas public lisa
lag thereon al wMch cltliens shall be entlllt
to appear and be beard
JOIKTH IliAQ Secretary
Dated New York November II lh j i
PUBLIC NOTICE I
iOAHD OP KSTIMATB AND APPORTIOI
5lIiNr CITY or NEW YORK
Public NotIce Is Hereby Given thai at amee
DC of the Board of Estimate and Apportlonmei
trld this day the following proceedings were ha
Whereaa tbe Union Hallway Company of Ne
cork City haa under dale of July 28 103 mad
ppllcatlon to thIs Board for the grant ol tt
Irht privilege and frtnchjse to construct mall
sin and operate a street surface railway upc
nd sLog Pelbam Avenue from Third Avenu I
he Sutbern Uoulevard In tbe Borough of Tl
Ironi and >
Vhrrcas Section il of the Railroad Law ar
trctlona73 and 74 of the Greater New YOI
narter A amended by Chapters eiSand 430 C
he Laws of 100 provide for the manner ar
irorcdure of making such grants and
Whereas In pursuance to such laws this Boat
idofited resolution oa October 2 low fixin
he date for publlo hearing thereon as Pclobcr 3
ion at which citizens were entitled appear u
ie heard and publication waa had for at lea
ouncen 141 dajs Intlio New York Sun an
he New York Tribune newspapers dull
istcd by the ilkor and In the Ctty Itecord t
en daj Immediately prior to I be date ot hcartni
nd the public hearing wt duly beld on tacli ca
nJ Whereas thla Hoard Ins made Inquiry aa 1
aoney value of thy franchise right applied fo
nd proposed to be ranted to the Union llallwa
ompany nf New York City and of the adeatuc
f the compensation proposed to be paid tnen
on now lhertrorell U u
HttolMt That the following form of thr rest
inon for lbs grant Ot tbe franchise or right ac
lied for by the Union Hallway Company of Kc
orb Coy containing the form proposed con
rcct fur the grant of such francnLteor lull
e hereby Introduced and eilereqjn the minute
f this Board as sjtVnrs towlli
ntialrttl Tics the Baard ofEitttnate an
Apportionment hereby granta to 4115 Unlo
nallvvay Comoany of new York City tbe Iran
calse or right fully set out and described Ic
the following torra of proposed contract fo
Ihegrant thereof embodying all 6fthel nn
and conditions inuadlng Ihn poU > ana ax ii
rate fires and eharres upon and snbtecl t
I he termt and condition In uld propovd fnrc
oficontra t rontainedi and that the ilayor > i
lh City of Jtew utM be and be1hercicy 1
AUtbnrlted execute and deliver such cop
tract In the name and on hehtlf of tho lltrul
New I ork at fallow in wu > t <
THIS CONTftACT made this day
S i90 brand between The Clijvof Net
ort hereinafter called Ihe Cl ty party bt tb
rat part by the Ua > or of aald City acting fo
id in the name of said Clt under ahd In pur
utnce of the authority of the Board of itall
ate and Apportionment of said Crty herein
ter called the Board and the 1nloo Itailwa
impany ot New York City hcrelrlafttr cause
ie Company patty ot the second part wlt
raeth i
In conslderaUon of the mutual covenant am
rreemenla herein conuineU the parties beret
> hereby covenant and agree u followo
SsonoN I The CUy hereby grant to th
mpny subject to the conditions and pro
slant hereinafter set forth the right and petal
ge M construct maintain and operate a douW
acid extension to present street surface rail
iy with the necessary wire and eaulprnent
r the purpose conveying aengert in th
irouxh of The llronx In The City of New York
x n theifollowtug route
Beginning at and connectlnr with the exist
Ing double track road of the Company In Thin
avenue at the IntersectIon of said avenue will
Ielbam avenue and running thence eat ter I
In upon and along said Pel ham avenue to th
Southern Boulevard The Mid rout will
turnout switches and rrossoveni hereto
authorUed Is shown upon A man entitled
Map showing proposed railway of th
Inlon Kallwaj Co In Ibe Borough Tbi
limbs Oty of New lork to acoompan
petition to the Board ot Rallmale and Ap
portlonmeni dated July is IKM
and tlgned by Y tV Wbltrldge lleeelvet
T r Mullaney Chief Engineer and tdwfi
A Uaner President a copy of which It at
taclied hereto U to be deemed a part of thl
contract It to be construed with the text there
ot andis to be substantially followed pro
tided that deviations therefrom and audi
Uonal turnout switches and crossovers whlcl
are coBftUlenl wIth the foregoing description
and the other provisions of this contract msj
permitted by resolution of the lloard
Sac 2 The grant ot this right or privilege I
bject to the following conditions which sbal
compiled with by the Company
rtiutr The consentln wrIting the owner 01
it In value of the property bounded on salt
reels and avenues to the construction and op
ttloa ot said railway shall be obtained br lot
impany within six months ot the slgnln ot thli
ntraet by the Mayor and a copy ot such cou
nts shall be filed with the Board within suet
ne or In tbe event thai such content rtnnq
obtained within such time the Company
ill within one month thereafter mike appll <
lion to the Appellate Division ot the Supremi
curt for tbe appointment ot Commissioner
tae manner provided by the Railroad Law tc
tcrmtne It saId railway ought to be con
ucted lothemtte this grant shall ase am
termlne
SKCOND The said right to construct main
In and operate said railway hall be held and
joyed by the Company for the term olAf teen
I years front the date upon which thl con
ici U signed by the Mayor with th privilege
renewal of Mid contract for the turner period
twenty 20 yearn upon as fair tcV lOStluItOl
eh right and privilege
If the Company shall determine to exercise III
Ivllege ot renewal It ahall make application
eDoard or any authority which thallbe author
d by law to act Ion the City In place ot the
lard such application aball be made at any
ne not earlier than two year and not later than
it year before the expiration of the original
m ot thli contract The determination of ibm
valuation shall be sufficient It agreed to In
dung by the Company And the Board but In
I case anall the annual rate of compensation
the C1tyb ftied at a leas amount than the
m required to be paid during the last year ol
is original contract
It the Company and the Board shall nol retell
eh agreement on or before the day one year
herr the expiration of the original term ot thla
ntraet then the annual rate ol compensation for
succeeding twenty W year shall ba reason
Ie and either the City by the Board or the
replay shall be bound upon request ot the
Her to enter Into A written agreement with
ch other fixing the rate of such compensation
such amount as shall be reasonable but In no
se shall the annual rate Co fixed be lea than the
m required to be paid for the last Fear prior
the teralnatloft ot the original term of this
ntraet andIt Ibe parties aball not forthWIth
rec upon what la reasonable then the parties
all enter Into written agreement AxIng tucb
Dual rate and at such amount as shall be deter
ned by three disinterested freeholders elected
the following rqanner >
One dltlnUreatod freeholder shill be chosen
the Board one disinterested freeholder shall
chosen by the Company these two ihall ebooa
bird disinterested freeholder and the three no
osen shall act as appraisers and halLmak th e
raluatlon aforesaid Such appraisers shall bo
Men at least six months prior to the expiration
thli original contract and theur Dort shall
sled wIth the Board within three month
er they are chosen They thall eel as op
Users and not Arbitrator They may base
Or judgment upon their own experience and
on such Information as they may obtain by
Ititrie and Investigations without the presence
either party They shall have the Wght to
unlne 37 ot the book of the Company And It
em under oath The valuation ao escer
lied fixed and determined aball be conclusive
0i both parties but no annual tmra thaU In
7
t i k
nwuc
any event ha let than lh j mm required to tx p
for lbS lilt rr of this original contract
In any case the annual rate shall not be fl
prior to itr termination of the ongiial tern
IbJt contract ihen the Company thillpay
annual rate tbercretore prevailing luatll
now rat ahall ba determined and htll then ta
up to the City lh amount of any earth t LI
annual rata then determinedover lbs pr vl
annual rate The comptniatlon and ex MI
thelaid apprataen shall hi born0 > lPUiUr
the CIty and tbe Company each pajrlngj onol
thereof S
Tamo The Company shall pay U tbe City
tbli privilege the following turn ot money
a The turn of three tbouiind dollar 1531
hi cash within thirty ISO day after the 11111
which thJa contract lit aimed by Ibe Mayor
Ib boring the on terra ol Ore years an attn
aura which thal > In no toe be Ira thin
hundred dollar UOO and which shall be rt
lo tiit fli > ptr cent of It grots annual rccel
If aunt percentage shall eicecd the turn pf
hundred dollar IVW
Uurlnr the second term ot five year an ann
turn whIch ehall in no case be 1 CMthan n
hundred dollar WOO and which utah be ec
to fIve U per cent or In iron annual reeelpti
such percentage shall exceed the turn of t
hundred doiInsflImi I
Durtnr the third term of live year an ann
mm which ahall in no CAM be let than i
lhou4nd dollar t 1000 And which Shall be eq
to Ave lii per cent of Its grot annual receipt
such percenugHthall exceed tile nirrrof C
thousand dollar 11000
The grpu annual receipts mentioned abe
thall Jm that portion ot the grotreceipt of
company hall bear vibe same proporUpn
It whol groan receipt at the length of lila
leaiion hereby grimed shallbeu to the em
length of the line at the company In operation
Tho iayraenl of punt minimum sums it
begin from the day on which thli contract
llgnrd by the Uayrrf
All tueh ttimt as above shall be paid Into
treasury ot the City on November 1 dead ye
and shall be for the amount due to Heptembn
next preceding
Whenever ue percentage required to be pi
shall exceed the minimum amount at above at
turn over andabovn such minimum thtll be pi
10 the said Comptroller on or before Novembe
la eavn year for the year ending September
next preceding The fiscal year shall end
HepUmber ao next preceding saId dale of pi
raent and provlalona of the Railroad Law ni
now clOut or as It may hereafter be amend
relating lo the matter of ptymeuU and ti
menu of percentages ot ROM receipts of tin
railway companlet hot Tmxmtlttcni with II
contract HhaU be itrtolly compiled with
The Intention of this paragraph Is to fix
annual charge to be paid by the Company
nicceuorn assigns to The lily of New vc
for the rlghta and franchIses hereby grant
and It shalt fbi bo construed at providing for t
payment by the Company Its uctfeA oni or 1
algol of a percentage of gross receipta with
tbe meaning of any general or special ttatu
refcrrtngparUcnlariy4to chapter WO ot the jut
at 112
Before any rights hereby conferred are xi
clied by the Company and within three I
months from Hut date on wlilch tots contract
signed by the Mayor the Company utah pay
The City of New York the turn of twenty thoasa
hires hundred and eightyrue dollar and rig
rent ttaiuos ana wilbln three II mtint
thereafter iHe further sum of thirty one thouiA
elm hundred and nftyelghtdbllars and eight
even cent ill7MIT saId amount being d
indrr the franchtae ot the Company granted
i by the Legislature by chapter afo of the Lat
if 1503
Any tnd all payment to be made by the tern
> t Ucla contract lathe City by the Company sill
tot be considered In any manner In the nature
i tax but such payments ihall Iniddltloa
my and all taxes ol whatsoever klna ordr crlD tic
low i orhereafter required to be paid by AI
irdlAanoi of the City oby any law ol the lila
it New York
Fotmra Upon the termination of this origin
ontract or If Ito some Is renewed Ihen at ti
rmlnaUon of the said renewal lerra or upon U
ertnlnatlon of the rights berebV granted loran
then cause or upon tbe dissolution of the Con
itcy before such termination lice track ac
qulptnent tbe Company constructed pursuer
0 trill contract within the streets avenues ar
ilghwara shall become the property ot the Cll
without cOIL and the itme may be used or dl
uoaed bythvClty for any purpote wbattoevp
ir the same Tnayte leased to any company c
odjvldiial i
If however at the termination of this grant
hove the City 0 > y the Hoard thall to ordw b
solution Oompany shall upon thirty >
lay notice from the hoard remove my and a
if its track and oilier equipment construct
rursuant to this contract and the laid itrtct
itenue aad hlghwais tball tt restored to tbe
Iglnil condition at the Mid cost and ex prate <
he Company
rtrrii The annual charges or paymenf cba
onunue throughout Chic whole t < rm of Ibis c t
ract whetber original or rcnrwti nut Wilbaihild
ng any clause In anv itituie or In the charter t
ay other railway or railroad company providln
or pavQ atstfor railway nr railroad rIghts c
rancblte at a different rate and ng asslgnmen
cateor sublease or the righu or privilege
iereby granted wbethrr original or renewal c
t of part thereof or of inoopute mentlcne
erein or of ady part thereof shall be valid c
STectual for any purpose unless the said assign
icnkleaaeor sublease snail contain a covenat
n the part ot the atlenee or lesiee that the Bam
1 sullIed to all tbe qondlUons pf Ibis contract
nd that lice assignee or lessee assumes ana wi
e bound by all of said cbndlUons especlaU
tld condition CS to payments anything In an
istute or In the charter ot such stalgDc o
xsec to ho contrary notuullhtanlIpg arid life
leste weirealny murora
jc s ld assignee or
arable conditioncrflejbr uch ttatuleor It
barter and that It wtll not claim byi rctso
irfcet or otherwise exemptoa from habIt
> perfdrm cacti Slid all ol the conditions ol tnt
SIXTO Tbe rights and privilege rbeieb
ranted iall not ve ittlifncd either la whoif
I parLor leased or auulet in anyi manner no
ail tUfc tblrelo or fight OteI esC or propert
irrdd pass to orvest In any utber prrson
irporauon whatsoevttr either by toe act or thi
ompanyor by operation ol taw wbether utide
te provision of the statute relating ta the COD
illoAUon or merger of corporatiiina or ocher
tie without the coirVni ol the City acting b
ie board evidenced by an instrument uode
anything hetdn contained to the contran
icreot In any win notwithstanding and tb
rsnUnt giving orWlving of any one or mor
feud oornetalt thtU not render unneceuar
3y autTieotient consent or consenu
SKVurrn Nothing la Ibis contract shall b
eemed to anect In any war Ito right ot the CU
i grant to any Inalvldualor other corporation a
miter right or privilege upon lIe same or otbe
TInS and conaltlocs over the tame strtett
tenets orblgbwavt herelnabove decrlbed > liThe
cUoni I
The use of aald railway which1 thall be con
Irucled by the Company under this contrnct in
udlng tbe tracks wire and other equipment ot
iy structure la pstllc strsttj and svrrmr nwnixi
p Ooiapany and used In connection thcrewltb
tall be permitted by the Company 40 any lodt
idual corporaUon to which the Cltr may haVe
ranted or may hereafter rank tbe right or prt vi
ge louse ncn tlrreli a enues or highways acre
shave described la sect Ion lXoratrrct raIlway
irposet upon paytnent of an annual rum b
irh IneuvUmal or corporation la the Company
bleb ahaU not exceed the legal luterest on cue
oporUou ot tnt wbolecost of the constnieUoi
such railway aol ttruclum end of the eta
f keeping tIle irsehcaand track equipment li
ipalr sa the number of can operaUa by Sun
impany or IndivIdual baU bear to the nuuilic
I car operated by the companies then uslai
ie IahIw together With the actual coax iff tin
iwer nrcesnan tot Ihe operation of Ute can
icreun of tucli Individual or corporaUon ane
to cult of layIng and repairingat paT ment and
moval of snow and Ice and all the other duUn
tposed upon the Company by the terms of thli
intracl In connection with the maintenance
tneip rauoaot ton said railway co used Pro
cind however that It In thdopinion of the Com
my the legal rate of lntrreitot tlue cost otsuet
Uway ball be an Inrafflclent turn to pay foi
e ute of audi tracks II may appeal tq the Board
id the Board may nx a percentage tba coil
be paid to the Company at a turn M excea ol
5 legal rate of Intmtt It la Its opinloatuct
tlon U lusUfied
Tae Company shalUnot at any time oppose
it shall upon the request of the Board coiucn
the rontlrucdon or operation ot any atroet stir
ce radwiy wblcb may nectailute tb ute ot ani
irdon ot the railway which stall be constructed
r tho Company pursuant to tblt contract
EranTB Said railway may be operated by
erbead electric power lUbttanUally slmlUr u
e overhead electric system now In ute by atrcel
rf tee railway In the Borough ot The Bronx 01
any other motive power except locomottvt
earn power or bone power which may be ap
ord by the Board and contented to by thi
tilting property owner In accordance Mitt
e provltlon of law and by the Public Bervlo
immlulon ot the tint District ot the State ol
sw York
3IwruTbe Company sicall toinmence von
ruetlon of thc raIlway heretO autluorlted Within
I monthi iOtfl thedate upoti which the cooaenle
the property owner are obtained oclrora vie
> te upon which the decision of IhoJVpprlLsK
vision of tha Supreme Court that ceh rIIWK
gilt to be constructed Is rendered mllcu of sucr
asenta and shall complete the construction and
tee the tame In full operation within six months
> m the date ol obtaining such consents or such
cltlon otherwise this grant shall cease sndcle
rrolne and all sum paid or which may bade
sited with the Comptroller ot the City aa here
Sled provided shall thereupon bs forfelledtc
e City provided that such period may be ex
tided by the Board for a period or period not
ceedlng In the aggregate six months each and
ovlded further that when the rommenccmcDI
completion of said conttruction shall be PIT
ntcd by legal proceeding in any court 01
works of public Improvement or from oilier
use not within tne control ot the Company
e lime for the commencement or completion ot
ch construction roar be extended for the Period
such prevention but no delay shall be allowed
r unless the court proceedings shall be diligently
oseeuted by the Company and provided fur
er that In no case ahall lueh delay be deemed to
gin until the Company shall have given written
uce to tbe Board of any iticb court proceedings
otber occasion of delay and deliver to the Hoard
pie ot any Injunction or other orders and the
pen upon which the same shall have been
anted and unless upon the requetot the Board
B Company hall In writing consent that the
ard either In lit own name u a party or In the
rne of the City is a party may Intervene In any
rh proceeding I
Dtueynltucb railway ahall be contlrurud
ilntalaed slid operated subject to the super
don and control of all the authorities ot the
y who have Jurisdiction In such matters AS
ivldedby the Charter of the CUy Before any
utructlon shall bo commenced upon any per
U of the rout written permits shall be ob
ned run the President of toe Borough ot The
onx and the Commissioner of Mater Supply
s and RecUlctty and the Company shall corn
r with any conaltlona which tbote oActata may
pose u a condition upon wMsfl cueirpenalt
granted provided such conditions are Imposed
r the nurpotte of protecting the amietures over
ilch those cmjials have Jurttdlcttoa
LiTKTnSald railway shall tx conitrwted
d operated In the lattat approved manner of
eet railway oonstrurtlon intl operation an 1
is hereby agreed that in Board nay rmvtre
Company to improve or add to the railway
uleroent Including rotting tock sad railway
j V T1CE
1 K
appbrtenance from time to Urn as inch M
dillon and improvement are necestary In tt
opinion of lIe beard Upon fslUTepn the riri
or the Company to Comply wIth iio directIon of
the Hoard within a reasonable time tha tlghti
hereby granted chill MAM tab detemh
TwKLrtn The rate ol tare for any DaiMutr
upon such railway shall not exceed flue lITtrnV
end tlteCompaiiysliailnohugcy Aefl
more than Aye II eni lad one cooUDUnu I
from anr coint onMid railway or a line or iiUrn
operate in conhiecUo ibnrcelih to any rlnl
of branch tn
Tite Compan shail carry free upon the
hereby aUtliOriif during lb term 01 thIs
tract all member of lIce Poitco and Mre tDAn
mrnt of the Cltr wnen rueh trnployeft ire In full
timfora
Thc rate forithe carrying of property orr ihi
railway hereby AathortredthAll ID all cases i > J
rjAspnAbl In Amount aubjeca to the conirol ol
the Hoard or Ill Successor In aulhorlly AU I Ire v
ho fired by WC Hoard after notice to toe Com
panv anda Eeifln h thereon AntUwhm w >
nest tuoh rate Wish be bindIng upon the Con
pany lu racnMon or utfgas and no litf
turn shall be cbargru for tuch ttrvtce than pro
vlded for by IU
TnutnxxTH ear shall b operated tipin
the railway hereby autbort ed other than uat
neuter cart cars for Uie transportation ntriprtu
mailer and can necessary for the repair or mMn
tenance pf the railway and no freight can stall
be operated upon thetracki of said rMlwai and
the trackshereby authorited tball not be LIed
for the storage or cars
rormTKWTJVCorr on the Mid railway tbtll
run al Interval a of not more than thirty minutes
both day nd night and aa much oftenrr aa ru
S tenable convenience of the Pvblle nay require or
at may be directed br the Uoarrt >
Provided however tbit the Company during
the l fit five year ot Ibis contract tball not be
required to operate Ita can between the boon
of 1 oclock a m And flue oclock a m each day
unleiu the Board tball determine alter a hearing
had tbereon that public convenience require Its
operation of cart during laid hours
Fimswrrtt The Company thall attach to etch
car run over the said railway Jiereby authorUed
proper fender and wheel guard In conformity
with such law and ordinances a ere now In force
or may hereafter during the term ot thIs con
tract be enacted or adopted by the State or City
authoritIes
SiXTKXwrn AH car which are operated en
said railway hall be heated during the cold
weaibcr In conformity with ouch ltw an4 flesh
named aa are now In force or may hereatler
during the term of tbi contract be enacted or
adopted the Slate or City authorities
SiVKHTKKNTiitThe Company so long at u
shall continue to be any of tile tracks upoi Ihe
street and twentieS In or upon which the said
railway shall Iii constructed shall cause to b
watered at least three times every twentytour
hours when the temperature Ii above 33 degree
Fahrenheit the entire width of the atreett and
venues except when the width ot cald tireetrf
and avenue shall exceed eo feet between the curb
lines In which else the Company shall cause ta
be watered only CO feet In width of inch roadway
and the Company shall provide for such purpose
at least one tank car the capacity of which Chili
be sufficient to water such atreelt and avenue
In a juktltfactory manner 1
HIQIITKBNTU All car operated oa uld nil v
ny shall be well lighted br electricity or br
some lighting ystem equally efficient or as mar
be required by the hoard
NWKTXumiTbe Company shall at all limn
keep the ttrect avenue and highway upom
whtcb the said railway ii constructed between
IK tracks the rail of its track and for a dis
tance of two feet beyond the rails on either WrtV
thereof free and clear from Ice and snow pro
vldedhowever that the Company shall al th
option of the Coromlstlonerol Street Cleaning
ether Into an agreement Jor tuft winter Mason
or part thereof to CleAn equivalent amount
at aIred surface from house line to borIs hIlts t >
VTWENTiBru Tbe Company shall cause to bs
paved that portion ot the slreet betwe n It
track the rail ot Its tracks and two feet ta
width outside of Its track upon and along the
aired avemlet and highways of the route
liereby authored which are now unpaved The
work of suchpaving ball bo done under the
upervlslonof the municipal anthoriUes havtat
jurisdiction In such matter and rich author
lea shall designate the character ofrjhe pavttatnt
0 be laid
TaasTYFlrta Ion gat the said railway or
inportion thereof remain la the street av
itiea or highways the Company shall have aid
cerplnr permanent repair thatportion ol the sur
face of the street avenue Ormlgbway In which
uld railway Ifconitrucied between lUitncks
be rails ot ill track and for a dlttonw ot two
rCl beyond the rails on either side therecf under
he supervision of the local aalborille < wbenever
equlred by them to do ao and In Deb manner
is they may prescribe And the City ahall bay
be right to change the material or character of
he pavement of any Mreet avenue or highway p
iud In that event the Company ball bebotrod to
tplace tuch pavement Jn the manner dlrected
offlfcr at III own espense
City
the proper expen
> r I
ted tIle provision as tu repairs herein contained
hull apply ta supb renewed or altered pavemtn
TWITT BEOOKD It Is agreed that the right
lereby granted lo operate a street surface railway
chili nol be lo preference or In hindrance to public
rork of the City and should ton said railway
construction of public
my way Interfere with the
vprk In the streets whether lit same ts done by
he City directly or by B contractor for the Clt >
lie Compaq shall at Us ova expense protect
note the truck and appurtenances In n manner
n directed by the President ot too Borough ot
heJllront v t
TwEvtrTtlMtf Anr alteraUon the sewer i
ge or dralnfzesyMeni or to any other subwr I
neeor to any furrarestructure In the xtrrttt
rqulred on account ot the construction or opera
Ian or the rail ay shall be made at tho cole coil
t the Comruuiy nod in curb manner a Ito proper
Ity oRiclals may prescribe I i
TwBVTtrooiTit Tne Company vcree 14
limply with an and all tbnnilei whlrtimay be
tide b > thff Oommls lcmer of IVsier Supplk
las aiMltWeCtrlelty for thepurpoec f prevent
ic me destruction of the pipe or structures tif
aeaircel oytleclroljtl tt hcb may be canted x
y thr elrctriccarrrnt vied by Utm Qompaayji
nether enicn rule Affect the method of the otlf
ml conttrticMonOt said rsllwayof any recon
trucUnn maintenance or repair upon such rail v
ray at any lime durlnTr the terraof HthM con
S
TwKKTTnrrnariould theUTsdes er llneVof
iastreeutn which franchIses are herein granted
chanscd at any tlrob duringtbe term ol tliw
antract tlit Company shall at lu own exr eusv i
hangi It trick to conformwith ucb new grade i
id lines anti during Uie constructIon of any
ublie Improvemftntr upoo mid su et the Com
am lush take cue of and protect the track at
s own expense all to ha done subject to the dl
reline ol the Pretld it qf toe Dornugh at The
TWBNTT ltT6 Tha Conjpaay tWl nobmUv
I Ihe Hoard a relKirt not Uter than feeroB r l
f each year Jor tho year ending heptembey f
eitpre e llnir oriat any other lime upon re
uett of the board which ohall stale k
i Tut tuourt ot ttccS lilp < for rash for
property J
j Tbe amount paid In as br last report
a The total amount ot capital lock paid la
a 4 The funded debt by lass report
6 The otal amount of funded debt i
n The tloaong debt MiJY ILsa report
7 The total amount ol floaUnr debt
I The total amount of funded and Costing
ilebi I
B The aersge rate per afenom ot Interet
oa funded debt T
S 10Statement of dividends paid during the
yearjjk r i
Ml fTbc total tjflount expended tor same
lThe urroejotthe director elected at Us
last rreeUng ol the corporation held
for tuch purpoao
13 LocatIon value and Amount paid for real
I estate owned by the Company as by
last tnport I
H txicaUoniTeJueand amount paid forTta j i
mate now owned by the Company J
13 Number of passenger carried during tne
year
18 Total receipts of Company for each cUt
ot business
S 17 Amount paid by the Company for dam
age to persons or property on account
S of conttructlon and operatIon
1 j Tptal expenses for operatloa Inciadlnr
ulariet
and tuch other Information la regard to the
Dslacsa ot tba Company he maybe requireojjy
IP Board
TBxJTts vKXTaThe Company shall at all
mw keep Accurate books of ooountot the gross
irnlnis Iron all sources and ball on crbc lore
ovemrer l ofcAcb year make a verified report
i the Comptroller ot the City ot the huMus
mo by the Company for the y ar ending ep
imber next preceding In such form tih may
rescribc Such reportiucall contains statementof
Jell gross rarnln ti total mllet operation snd the
lies of raIlway conttructed and operated undtr
ill contract and such other InformatIon it the
jroptroUer may require Ibo Comptroller thtll
SAC icecap to all books ot the Company for the
urpose ascertaining the correctness of lIe rt
art and may examine Its officersUnder oath
TwKNTTmiouxu In case of any violation or
reach or failure to comply with any ol tbe pro
islons herein contained ibis co tract may be for
lied by a tuU brought by theCorporaUon Coun
I en noUcc ot Icr day to the Company or it
ie opUon pf the board by resolution ol Mid
oil whIch said resoludon may contain a pro
islon to the cITed that ib railroad constructed
id In use by virtue ot tbtscoAtract shall ibtrt
pen become the property of the City without
PoceedlnrsullKiVorlntqult
ITo1de3 however that curb action b > Ihr
nard shall not be lalien both the Board thill
Ito noUee vi theCompsny teaupear before lion
certain day ootlcss than ten 1101 days alter the
lie of such notice to show cause why elicit nut
tlon declaring the CAl tract forfeited should not
I adopted In cue the Company falls tn appear
rUorf may be taken by the Board forthwith
TWKNTT jftxtn II the Company thill fall IC
vc eftulent public service at tin rates herein
led or tall to maintain structure In good con
lion throughout the whole term of ibIs eon
act ibe 13o rd may give notice to the Companv
wcttrUn any defaulton the part ol theCompn > I
id rvquinur tna Oompany lo remedy the tainr
ICOn a reasonable time and upon faIlure ot tnr
impany to remedy such default within a retmn
> le lime the XX > rapany aball for each day their
ter during whic lAm default or defect remale
lyto the City tile sum of one hundred dolltrs <
tIm as flxea or liquidated damages or the lon
casa such structure wblch may Affect the m
ce of the strMta shall not be put la good cc
lion within a reasonable tIme alter notlri I
IS Hoard as aforesaid shall have the right D
aka all needed rvpalra at the expense or tn
impany lo which case the Company shall tl
the City theamougt ot the Costa of such r
ilrs with legit interest thereon all of which
mi may be drdnclcd from the fund herein1
ovlded for v
TmiiTixrB The Company thtU asaumr MI
iblllty to person or propertyby reason of tnr
attmcUan oroperattou of thi railway authOr
cd by Ibis contract and U It a condItIon ol thi <
ntracf that the City shall assume no llshlllt >
or property on aunt <
islsoever to either pcrtons
unt of the same Crud Ue Company brrrt
rtes to repay to the flIt any damag whlc
e City shall be compelled to par by reatou n
y acts or default ol tha Company
r imTTnMT Tbli grant 1 a upon the eipi
>
1
ndlUon that the Company within thirty
yt after the enint of this contract by the
Dorwuul bctori anything la doe In exrrcUe rf
B right conferred hereby > U deposit with tty
S
I
S
t
I
a
1I