Omaha daily bee., 1892-08-21

shall have tbs election TO Lursuo any other,
remedy Hftorued Uy law.
| Wherever arbitration Is provided for by
this proposition, the party desiring to submit
any matter to arbitration shall cause to
be served upon the other party a written no
tice which shall set out the matter IN dispute
to be submitted, and the time proposed for
| the hearing, which shall not be less than
thirty t3D days after tho time OF services and
! thereupon the adverse party shall, within
twenty go days after such service upon It,
/ serve It's answer if any 10 have, upon the
| party demanding the arbitration.
The hoard OF Arbtrators, when organized,
snAii nave power to fix the time OF hearing
ana 10 adjourn tho same from time to time,
ana 70 mako all necessary rules aud regula-
Tons Tor the, production of testimony in the
| possession Of either party, and otherwise "a
compel q fair and speedy trial; the decision oil
final determinat,on OF the board shail be- final
and conclusive upon the parties OF ali mat
tcrs submitted and decided
Whenever arbitration shall be resorted ia
! such arbitraton shall be the exclusive remedy
OF tho parties leXcopt as herein q lsowhcrc pro.
vidod) as to the matters aud things involved
and decided therein,
Said Nebraska Central Railway compiny,
/ its successors and assigns, shall transport
! freight tnciuding transfer OF freight and all
! CHARGES INCIDENTAL To such transportation
/ over its said bridge ana approaches, as well
I ds over the railway 1t shall construct within
100 mi los OF the Missouri river within the state
. OF NeOraska for lust and reasonable rates or
/ ,h"rres, aud in case of differences as TO what
Constitutes Just aud reasonable charges uudei
| n paragraph, the board OF county commls-
| l.oncrs or SAID railway company may submit
| mo same to arbitration In the manner una to
| lut hTbltTalOlS dUONe provided for, bur this
| paragraph respectiut freight charges shall
| not become operative or IN force until i've
| years from the date OF the delivery uf the last
| hstaIlment OF tho oonds hereinDefore re-
| fcrrcd to.
1t is further proposed that said bonds shall
| be delivered To tho Nebraska Central Railway
company, ITS successors or assigns, only upun
| the eNecut on by tho said Nebraska Central
| halfway company, or its successors, and de-
| liyerd to the county of Douglas of an under
| taking IN writing TO tho effect that the princl-
| PA depot OF said railway company, its general
| OlilCCS ana PRINCIPAL muCninp ShDra
| buiit snail be located aud munta ned within
tho corporate Units OF Tie city of Omaha, and
taking by the said Nebraska Central Railway
company or its successors or assigns shall
render the SAID Nebraska Central Railway
company, or its successors, indebted to the
said county of Dou Iias in the fun amount OF
said bonds and interest thereon.
ms proposition shall, after being duly ac--
knowedSed by the Nebraska Central Railway
ter of deeds of Douglas county. Nebraska, and
for period OF twonty years from aud after
book and page wherein the same is recorded
IN any mortgage, deed OF trust, deed of con-
proaShes ana said railroad west OF the MIS-
souri, river In Douglas county, Nebraska, with
The statement that the said Nebraska Central
Railway company, its successors and assigns,
are bound by terms, limitations. provisions
and conditions Of this proposition which are
hereby made its covenants that attach TO and
run with the said property into whosoeVeI
hands II may come
If The said Nebraska Central railway
gomphny, within forty-fve days after
being notified in writing by the chair
man of the board OF county COM
miss .onors that the issuance of said bonds has
been authorized by vote OF the electors OF said
county, shall not fie with the county clerk its
written ratification ana acceptance thereof
under It's corporate seal which ratacntion
shall have been ordered by its board of direc.
tors, none of said bonds shall be issued, and
THIS proposition shal be void
Upon tho voting of the subsidies herein de-
scrlDed, The NEBRASKA Central Railway com
phny Will surrender the right to receive the
subsidy or any part thereof voted by the
Der. a. ID, ,leSO, and nothing herein contained
shall be taken as an acknowledg dgment that said
com u@o,npnmy mas any existing right to said lust
the Nebraska Central Railway company
further agrees, upon an election being called,
10 submit TO the voters of Douglas county IA
proposition to vote upon the aforesaid bonds
thousand 5000 dollars, to be applied in the
payment of the expenses Of said election, and
AT the same time to deliver to the said county
OF Douglas bond with good ana sufficient
sureties in the sum OF five thousand ish OOO)
dollars additional 80 cover any of the expen-
ses OF said election not covered by the afore-
SAID cash payment.
This proposition and the acceptance thereof
by the county OF Douglas, and the ratification
or this proposition by said Nebraska Central
Railway compnny.or its successors or assigns,
as herein provided. shall be construed and un-
derst0od 10 constitute "A contract between tho
SAID NcLrasAu Central Railway company, its
successors or assigns, and the said county OF
Douglas, and All OF the terms, conditions,
agreements,and PROVISIONS made on the part OF
proposition contained are hereby made the
covenants, OF the said Nebraska Cen.
sG and faTy sshs ompay shn LIS sU n5
run with all OF its said property In Douglas
county, including said bridge and railway,
it or amy OF it may come.
In witness whereof the said Nebraska Com
trhl Halfway company has caused these pres
tnts TO be executed this I'd day of May A. d.,
THE NEBRASKA CENTRAL RAILWAY
~, n pr,,oNr Va, D...iao.
l''@l Attest: i ." o. MhnoSr1 4 91"uA' secretary
State of Nebraska, County of Douglass, ss. .
acoGnty clerk in and for said county, person.
ana john l.. McCnguo. who arc to me person.
ally known to be the identical persons who
dent and secretary OF the Nebraska Central
Railway company; they acknowledge the exc
cution OF the said instrument 70 be the volun-
trai Raj, way company and their voluntary
act and deed rs such vice president and secre-
tary OF said company.
Witness my hand and official seal the date
[SenLi FRED j. sACKETT.
County Clerk
Shall the above and foregoing propos-
said bonds be issued, registered and delivered,
and shall an annual tax, in addition tot the
TAXABLE property Of Dougias county, Eebras.
ka, sufficient to pay the interest on said bonds
as 1t becomes due; and ut the time Of levy ny
year prior TO the maturity OF said bonds, shall
n tax, In addition TO all other taxes, be levied
upon the taxable property OF said Douglas
county, and continued annually thereafter
from year to year until thereby sinking
fund shall have been OLtAincG sufficient to
pay said bonds at the maturity thereof?
YES.
NO.
The official canvas of the votes cast at such
special election. shows that more than two
thirds of all the votes cast Mt said election. were
cast IN favor of the acceptance of said prOpO-
sit on, the issuance OF the bonds aud the levy
OF the taxes therein specified and notice IL
hereby given that the above proposition has
been daily and legally accepted IL the nilirma-
Two by the le Enlv qualified electors of Doug
las county, Nebraska ana The same Is hereby
duy dee ared carried and accepted in tho
Affirmative.
In witness whereof ! have hereunto set my
hand this 22nd day OF June. A. ID. 1892
T. NJ. STENBERG
Acting Chairman OF County Commissioners.
Attest; FRED. j. sAcKETT. County Clerk.
Al0dlit
EST4BLIsHED 1853.
8 70,