Telegram-herald., 1891-03-04
CON MON COUNCIL


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ssien sfaaf Bnf<es - ssFpssr4lisss siia siAil -
a.sas IA ASA aAaasK a. nat - ia54fe "a -
GsrfeEs sta tA4 9pSrzEi3as es s-ila fas2s&s
h~rsia .sthafizsa. kaa fhs Csislsssl eeliEssf
hsFess fs.sfsssf reserves tAe gat azz-aiteF -
sraat g. as efasF sasseA 5r earpaEattsa tEs
privilege ~ 4siaS sad k4i~as es.nBaass
traezs Ssrss aail Fesrs - a2S Stfest o. streets
"a tss s1teaa ~ s~e oseeks. sat g. eAseea thss
distance. tlr tas paf9ase II rsashisz st8sf
vafts sfthsiE Esi. f4s saz- aaa 4.st . exceed
the aisfsaea 81 fs4f aiosss g. Fsaeh TIE -
esllsa gsMpaa Fiaee a. sRs intersection OF
hsasse. gsaal aaa PEAR streets. Fesisea
b8ssssr tBat sses stFesf rallzay esaa apaalss
dsslFe9s ~ aslsg siaea 9seSs. ~irss aad p9iss
snail pss 20 sassh compaEy Nness tfaeks. ~iFes
Aaa ssos ghes Use TAR aaa fsasoas1is cssa-
psasatlos. he sane q 90 agf~Sa a9en before
asin. siGa tracks. wires aaa poles. saa II s2l1
companies eza Hat agree V2oa tAe amsagt.
t5s sane 10 Dc determined - a DoaFd 81
arbitration. whose dselst0a shall De aa4l said
aFbltrators - be setseted fifaia tea days after
demand Is made ~ aHy Verson % corporation
sa deslFiag 50 gse saeh tf.eNs, @ises asd
p0~er aaa "a tae Ieliossng aaaaa~F. 0ae
DeFsoa - Do selected Bs eaeh CON paHs sAd
n SAME tSo csa Hot axfee, these I've to select
sghra party, said Third party nsgst be agree
able - both arbiTsters. a.la The dseisl0a given
81 TIE majority sf sad beard OF arbitration
shall De bindiag snd GHal. anl the said award
made By said aEbstTsters and all papers De
longisg thereto shaa be sled with ths city
elers of said city ~ithia TEA Gays aztec s8e
T-nditioa thereof ana shall De Oladins 90 all
me parties thereto"
Aid. faieum mosed 10 strike cut the ssssld
pFosiso Of the amendment
Ihe feiiosing Substitute offered ~ ssc.
Stokes Nas accepted ~ Aid UOrea.
Providing Tor the joint usr " street rsnvay
tracks BY Al ferent compAnies IN the city Of
6fand kspits and 0 arterfnine the exteut OF
sarh use and thr mahaee q acquiring same
aEd % ax the eompeasstiea therefor.
And tks street railway Nhieh Is or may here
alter De authorized bY ordinance OF The city
ofGrand Rapids. or which NAV own or operate
a siar Of street railway contiguous 10 said city.
ana Witch maS desire 60 operate line OF
street railway across or upon any street In
aad slon- watch said street another street
raiiway company thea owns street railroad
and nsst mentioned company mag operate and
run rs ears over the track OF said other com
pany across and along and upon such streets
as 10 may bV ordinance aforesaid be authorized
10 run and operate It's road and may use the
poles and wires of said other com mpany. ex-
pc trolley ana feed wires. upon he payment
~ Just Ompensation 10 De ascertained under
the rules and regulations herein prescribed.
When any street railway company shall de
sire To operate a line of street ears over the
track of any other street railway company. OF
part thereof. provided In section one OF
this ordnance and agreement cannot De had
between such companies as 10 the eompensa
zion shall be ascertained by a commission ol
three disinrerested freeholders of the city oi
tn - In foil
manner. to-~it: The company desiring 10 use
SAID track may make written application 10
that effect 10 the mayor of said city. accom-
panied by plans and specifications showing
the extent OF track It desires TO use. FIRST Civ
ing ten days notice in writing 10 the railway
company whose track IL is designed TO use. o
the time and purport OF such application. On
receipt Of the same. sith evidence Of not ce a.
Aforesaid. the mayor shall forthwith give no
tee 20 each Of said mpanics to report 10 hin
IN writing. within ten days thereafter. Tho
name and address of one disinterested free
holder OF the city OF Grand Rapids TO act a:
It's chosen commissioner.
Upon the expiration OF the ten days afore
said. the mayor shall forthwith appoint n third
cisinterested freeholder OF the city of Grand
Rapids to act as commissioner and shall also
appoint commissioner within the time afore
said. Thereupon the mayor shall forthwith
give notice 20 the commissioners so appointed
o. their appointment. and shall turn over q
them all papers IN his possession relating q
the matter In controversy. ane in case o
vacancy In said board OF commissioners
caused By death or refusal 10 serve OF any o
said commissioners. or for any cause what
ever. the mayor shall appoint q commissioned
To al such vacancy. All the commissione er
provided tor under the provisions of this or
dinanee shall be freeholders. residents OF tn,
city of Grand Rapids. and shall not be inter
ssted In any manner rs stockholders. bond
holders. lien holders. or officers or empoye.
of either OF the street railway companies In
question. When appointed said commission
erssAall proceedNo determine the compensa
ton TO be paid and the time snd manner o.
It's payment; provided. that In case one oil
more street railway companies shall there
after be authorized 10 operate. and do cause q
be operated. a line OF street railway cars upor
said tracks. Tire compensation paid by ths
company or companies already occupying
said tracks. may upon application Of either oil
ssid companies 20 the mayor. be revised and
re-adiusted by a commission of three diSiater
ested freeholders. chosen in the manner
herein prescribed. Aad either party may ap
ply for re adjustment OF the terms of com
pensatfon once in each period OF two years. to
The sad commissioner. before proceeding q
hear any testimony. shall take ard subscribe
an oath. that they possess ali the qualiica
tiOns required IN the next preced ug section
and thai they will faithfully and fairly hesl
and examine the matter In controversy. and
make Just award 10 the best OF their under
standing. which oath shall be fled and re
turned with such award. They shall meet to
gerher and view the. track. or parts of track.
proposed to be used BY the company msking
the application. and shall hear testimony oi
witnesses. and the proofs and allegations oil
the parties to the proceedings. as to the value
Of said tracks and ss to the compensation Il
be paid 20 the company whose ack Is TO b
used and such damages az tie commissioner,
may deem Just. aud upon the close OF the testl
mony shall. without unnecessary delay. mak'
a report IN writing OF their decision anS
award. which report shall be signeI by then
or IN ajority OF them. sad addressed and lie
Iivered To the mayor forthwith upon It's com
pIstfor. such conmis ssioners shall BE- entitled
oten dollars each per DAY for their expense
and services for the FIRST ten days they ar
actually engaged IN performing their duties
and one dollar for each succeeding dsy sc
tualIy employed thereafter. to be paid By tn
company making the application.
on reception Of sach report Of saeh cornn's
sioners ev the mayor. ne shall fle the sam
together with the original application and al
papers pertaining 10 the proceedings. VII
she clerk of the circuit court tor the county .
Kent. aaa shall Immediately notify the psFtie
OF the decision ef the commissioners aud Q
the alfng Of thsir report. sad thereupon. "a.
on payment nv the company making the AZ
d pfcatisn. If the amount q the compensation
awarded in said report. Ct after paying III
same inse The cireuit court. Tor the eonpaa
whose track IL = proposed 70 use. aad upe'
the payment sf the costs and expenses ot ID