The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-12-17

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The cOu,rac, Eils,ia2ss Between We The
pittsburgh, Wheeling. & Kentucky
railroad and the Pittsburgh, Cin-
c,puati ~ ST., LonIs Roads-What
The Latter Road has Agreed 10 do
Ia the Way Of Completinyy Egqip-
ping and Running the Former
Road. '.' 'S'''S'H"H' 81" '9E' '''''
This Agreement, made end entered into
ibis ninth day OF May, A. D. 1872. be-
tween the Pittsburgh, Wheeling u Ken
lucky Railroad Company, q corporation
d The State Of West Virgins; and the
Pittsburgh, Cincinnati e ST. Louis Rail.
way Company oil the first and second
parts respectively. SS5.s.
WrrSEssRTu, That the said party OF
he frst part, for the consideration and
upOn the conditions hereinafter named,
hereby agrees TO secure and pay for the
right Of way for It's railroad, between the
ssI end ofihe Steubenville Bridge on the
suth side of the Ohio river and through
the city Of Wheeling, 10 the mouth oil
Quincy street In said city and to grade
Ail right qfiway and procure and pay
Et sufficient and commodious sites for
stations, depots, work shops and oil nee
sslry appertenances for said right Of way
lad railroad, including sites TOR depots,
hops and stations within the city OF
Wheeling, all Of which site shall be salts
l4ctOry 10 the Chiet Engineer OF said
party Of the second part; and also 10 &C
quire, for future use, the right OF way.
through the city Of Wheeling 10 the
southern boundary Of said city. And
said party oil the first part further hereby
sgiee 10 procure subscriptions to the
Common stock Of said company To- an
lnOunt sufficient 10 grade and bridge
The said line Of railroad between the
points hereinbcfore mentioned, which
sid stock subscriptions are TO be procur.
ID and the full amount OF the same TO be
paid into the Treasury of said company
within - months from the date thereof,
md are TO be applied by said company, 70
payment Of said right Of way, grading,
bridging, and procuring station, depot
ind workshop sites, not TO exceed In
amount, however, the actual cash cost
thereof, SO that said party Of the second
part shall be fully Unidentified, saved and
Kept harmless from any and oil claims,
debts, defaults, reclamations and damages
Of all kinds whatsoever, in any way arts.
Ing or growing out Of the form and man.
nG Of Subscriptions or payment for said
stock or right of way, materials and la
boz heteinbciorc agreed 10 be supplied as
Aforesaid. t...- i-'y =.
And taid party Of the second part
hereby agrees that when the foregoing
covenants and conditions are fulfilled and.
complied with, it will supply and com.
pIete the superstructure oil said line oil
nilrosd, including the iron and cross.ties
recessary for the same, and that 1t will
erect proper and suitable station build1
lngS, depOts, structures and other .appll-
sress necessary and requisite IN
The transaction Of the business Of
The said railroad, and will en-tha
same Is completed, operate and run said
nilfoad In connection with the railfoadot
lhesaid party Of the second partg And
10 payment thetelor, Die said parlYioi fie
6f!t pAlt agrees "a. issue and delIyersfo
The said party Of the second part when by
lIHquired, preferred stock Of said Coms
pAny, party Of the first part 81 par, equal
alnount 10 the actual expenditure and
oGtlsy for the work to be done, and lor
NJ The iron aud ties furniahed, and the
buildings and other conatruc iiope etected
Of the operation OF the said line trail
toad, which said preferred stock shall
sAVe the frst claim upon The net earnings
said Pittsburgh, Wheeling s Kentucky
MllfOad Company. and be entitled TO re-
eiVe dividends OF the rate Of seven per-
Senium per annum. Tor each and every
Ieaf out Of the said earnings, said djyiJ
sendS 10 remain q first charge upou
Hiufe earnings should the annual earn
aa DO Insufficient to pay said dividend
lull currently each year. And The
aiG party Of the first part hereby binds
iIsel, It's successors, and assignees, upon
ne completion Of said line Of railroad, 90
Sal the same shall be ready for
business, 70 lease unto, ssidsparty ofIthe
scond part, It's successors and assignees,
u the full term Of nipety-nine years
Eon the - day all the railway
aihe party Of the tirst part, constructed
NOD 70 be constructed between the points
Sefeinbelore mentioned, together withall
We depOts, stations, buildings, apperten-
NSa and property real and personal to
nd demised railroad, belonging and ap-
pefAinlng (as we'll as then owned, a. that
seteatter 10 DO acquired by the said par.
Of the first part OF and between the
Seote mentioned poinis) haze asd q
va the said demised property, real and
PERSONAL, unto the party Of the second
Al, its SUCCESSORS and assigns TO ano
y Ae'iull end anu term OF ninety.nint
!anlrom the - day Of Aforesaid
-. .Jr1s
And the said perry oi Tho first par!
sfeby covenants and agrees, ior itsdlf
,9IsEccesSors, and assigns, that said party
he second part, It's successors anS
S.lgns, shall atallitimss duti1g The tetg
sotesAid, have fulT and exclusive power
,Sat and authority 10 use, manage ans
OK The said railroad Of the said party
Stae inst part, and shall have the righ
slk tho tolls thereon mot at 0 highe
M however, than Is authorized By thl
%% anr ofthe party Of Che fret part) and
IAl have full, Tree and exclusive right u
aIge aud collect all Of the said tolls OF
v. got, charges and dues TO accrue iron
w S road during the said term