The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1877-01-05
Petition.
STATE OF KANSAS,l =.
LYON COUNTY, %


of said county, respectfully represent that
WHEREAS; The kafisas City. Emporia
ana Southern Rallroait Company, cOrpo-
ration duly organized under the laws of
the State of Kansas, has obtained a char
ter for the construction and operation of
railroad from the eastern boundary of
the State of Kansas at point at or near
Kansas City, Missouri, thence by way of
EmpOria, dividing at point south or
southwest of EmpOria, with one line run
ming to the south boundary line of the
State of Kansas, at or near Arkansas City,
IN COwley county, and the other to the
south line of the State at or near COtfey-
vile IN Montgomery county, and
WHEREAS, The construction and oper-
alton of said road through said county of
Lyon will be OF great benefit to all the
citizens thereof and increase the value of
all the property therein, and provide the
means of u cheap and economical trans
portation OF the surplus products of said
county to eastern markets: Therefore, to
the end that said railroad may be con-
structeA and placed in operation as a
competing line of road through this coun.
ty, we respectfully petition your honor
able board that, without delay, you sub
nit to the vote of the qualified electors of
SAID county OF lyon the following propo-
sition:
Shall the Board of County Commission
ers. of the county of Lyon, for and in be-
take the capital stock of the said Kansas
CITY, Emporia aud Southern Railroad
Company to the amount of one thousand
shares Of oEe hundred dollars each, max
ing a subscription of one hundred lhouS-
and dollars, and in payment therefor IS
sue and deliver to said railroad company
the bonas OF said county to the amount
of one hundred thousand dollars, payable
principal and interest, at the rs :al agency
for the State of Kansas in the City of New
York, in thirty years after the date there
of, with the privilege reserved to said
county of paying the whole or any part
of said bonds at any time after five years
fl ON the date thereof, with the
further privilege reserved to
said county Of paying cash for and re-
bonds at the time of the delivery thereof
as hereinafter proTided, at the rate of So
cents for each dollar of the face value of
said bonds so paid for and redeemed;
said bonds to be issued in denominations
of five hundred dollars each, ana to draw
interest ut the rate of per cent. per an
nun, payable annually, from the date of
their delivery to the railroad company,
and not before, and all interest coupons
maJured or about to mature at the date OF
said delivery of the bonds to be cancelled
and returned to the county; and as part
of this proposition, in consideration of
the construction and operation of said
| railroad through said county and the
permanent location, establishment and
alutenance of the principal machine,
repair and manufacturing shops, and the
general offices of said railroad company
at Emporia, in said county, shall the
| said Board of County Commissioners
transfer to said railroad company the one
hundred thousand dollars of its capital
stock subscribed for and taken by said
county; said subscription and transfer of
stock and issuance of bonds TO tie upon
! the following conditions:
LIST. Immediately after the proposition
is voted by the people OF said county and
the result of the election duly ascertain
ed and declared, said subscription to the
capital stock of said railroad company
shall be made, and the said bonds Of the
county shall be duly executed by said
Board of County Commissioners aceOr-
ding to law, and deposited i'll escrow
with the fiscal agents of said State of Kan
sas at the fiscal agency of said State in
the City of New York, or with such 9TH
er party as may be mutually agreed upon
by and be satisfactory TO the said Board
of County Commissioners and said rail-
road company, and id bonds shall re-
main in the possession of their custodian
aforesaid until delivered upon the cert.
ticate of said Board of County CommIs-
siOners as hereinafter provided; and at
the same time the said railroad company
shall duly execute one thousand sh ares of
one hundred dollars each, and place the
same in escrow at the same place and to
the same party to whom said bonds shall
be entrusted as aforesaid, in whose pos
session said stock shall remain until its
delivery as hereinafter provided.
%. The said Kansas City, Emporla and
Southern Railroad Company shall con-
struct, equip, and have in operation. q
railroad of a gauge of three feet, SO con-
structed as to form one continuous and
unbroken line Of railroad communication
from Emporia in said Lyon county to Ar
kansas City in Cowley county, within
eighteen months from the commencement
of work on said road, as hereinafter spec
flied. and from EmporIa to the eastern
line Of said county of Lyon within two
years from the commencement of said
work; taid road to Ue constructed in
substantial manner, and the equipu ent
thereof to be first-cias IS, andsufficient for
the traffic of the road; and the work of
the construction thereof to be commenced
in 80 days after the deposit of said bonds
in escrow. as aforesaid, and the voting of
bOuds and their deposit IN escrow by the
several counties along the line of said
railroad from said county eff Lyon to the
southern boundary of the ST ate along eth
four thousand dollars per mile for each
mile of the line of said road,
and said work to be continued
uninterruptedly from the commence
ment to the completion thereof.
Sd. No part OF said bonds shall be is
sued and delivered to said railroad COM
pany, nor in any manner disposed of bv
the party holding them In escrow, nor be
OF any binding force or validity upon
said county until the track OF said rail-
road shall be laid and trains ruuuipg
thereon frem the city of Emporia to the
point where the line of the road crosses
the south or west line of the county of
Lyon. and the machine shops and gener-
al ollees Oh SAID company located at En-
poria, but when the railroad has thus
been competed from the city of Emporia,
u the south or west line of said county,
and when the principal machine. repair.
and manufacturing shops and the general
offices OF said railroad company have
been located at Emporia and SAID company
nave entered into = written agreement
with the said Board of County ColnmIs-
sioners for the permanent continuance of
sald shops and offices at Emporia, and
ea1d facts OF the completion of said road
TO the western or southern line of the
county, the location OF said shops and
offices at EmpoFia and the due execution
OF the contract for their perpetual main
tenanee at Emporia have been certified
by said Board OF County Commissioners
to the custodian Of said bonds, the said
custodian shall deliver to the said rail-
road company or its assigns an amount of
said bonds and stock equal to four thous-
and dollars per mile OF the road so con-
structedi and when sai0 railroad shall |
have been completed from Kmporia to the |
east line OF the said county OF LYON
by the way of the town OF Neosho Rapids. |
the line OF the said road TO be within one
fourth OF mile of said town and that |
fact has been certified to the custodian oS
said bonds and stock as aforesaid. and AN
the conditions concerning said shops and |
ofnces shall have been complied with.
then the custodian shall deliver to said |
railroad company the remainder or said |
DO Ids and stock.
4th. The submission of this pronos.-
ito to be at a special election In said /
cou ltV to be called and held and the re- |
turns 70 be maze and the result ascerxain-
ed and declared according to the ruies |
and regulations provided in the general |
election laws OF the State OF Kansas.