The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1894-12-02

ters, or by strikes on the line of the
road, or at manufactures where ma
terial has been ordered. shall be allow
ed and taken in consideration by the
parties hereto and sufficient additional
time given and allowed the first party,
their heirs, executors, administrators
or assigns, to offset the delay caused
thereby:
Proyided-That the provisions OF this
section shall not apply to the time for
the commencement of construction of
said railway, and
Provided further-That no failure toI
obtain rights-of- way at any given place
or places shall be construed as author
izing any extension Of time for compile
tion Of work that can be done on other
parts of said road.
I'll irtee,niuh-It is further mutually
unde -stood and agreed by all Of the
pars..as hereto, that when any delays
have occurred, which in the opinion of
the first party, their heirs, executors,
adm. nistrhkors or assigns, entities them
to additional time within which to COM
plete said road, they may make such
claim in writing filed with said third
party, and If said claim is not objected
to in writing by the second party or
third party by written objections filed
with said third party within ten days
from the date of the filing of said claim,
then said first party, their heirs, exc
cutors administrators or assigns, shall
be entitled to the extension. And II OBJ
iections are filed, then the additional
time, which shall be allowed shall be
determined by arbitration: The hrst
party to select one arbitrator, the sec
ond party another, and the two arbi-
traitors to select third, and the de-
cision of the arbitrators shall be final
Fouteenth-It is further mutually
understood and agreed by all or the
parties hereto, that after the work has
been commenced in bona tide manner,
by said party of the first part, or their
heirs, executors, administrators or as
signs. as hereinbefore particularly spe-
Gifted. it shall be so arranged between
the parties hereto, as hereinafter
agreed upon, that the lands or other
property for the building OF said rail-
road. known as the subsidy, donateu
or to be donated or so much tnereot
for which sale may be obtained, may
be sold or disposed Of at such price or
prices as may be agreed upon by the
first party and the second party, or
at the election of the first party alone
If II shall bring ait least one-half OF its
appraised value, as filed of record with
the secretary of said committee, and
the monies or other securities derived
from the sale thereof, retained by said
trustee. party of the third part, in the
place and in the stead of the land OF
other property so sold and disposed Of
1t is agreed, however, that the monies
SO received for such property may, at
the option of the party of the first
part, be expended in such improvements
upon other portions of said lands in
cluded in said subsidy, or loaned upon
such terms and security as may be
agreed upon, and approved by the par
ty of the second party, provided that no
such expenditure for Improvements
shall be made prior to July 1st, 1895
Flftsenth-It is further mutually un-
derStood and agreed by all the parties
hereto, that the construction of track,
and the running of an engine, with
train of passenger cars attached ther-
to, along and over the same, the en-
tire distance from Astoria, to a con-
nection with any railroad line which
has Its tracks running into the City of
Portland, Oregon, at or near Gobel,
in said Columbia county, shall be con-
elusive evidence of the completion of
the said road, and of the right of the
said first party, their heirs, executors,
or assigns, to all of
or securities received from the sale,
lease or disposal of said property, as
provided in Clause IA, together with
the accumulations upon the same from
interest, rentals or other uses, if any
Is earned.
Slxteenth-It is further mutually un,
deru.ood and agreed by all the parties
hereto, that should the party of the
first part, their heirs, executors. ad-
or assigns, fail to COM
plete said railroad as herein specified, |
within the time required by the terms |
of this contract, then said party of the |
first part, their heirs, executors, ad, |
or assigns, shall forfeit
all and every right or claim Ito said
subsidy, and time is Of the essence of
this provision.
Seventeenth-It is further mutually
and agreed by all the par,
ties hereto that the party of the sec
ond part herein is acting only in the
capacity of Committee, under the
bylaws heretofore adopted for its regu,
latt1n, as per Exhibit 3D." hereto at
that vote of two-thirds
Of all its members is necessary to sane
tlon the execution of contract for the
of a railroad; and 1t is also
expressly understood and agreed, that
the members of this committee signing
This contract, constitute two-thirds
of the whole of said commit
lee. but they are not liable personally
to ray any sum of money or damages
on account Of any breach OF this con,
tract; but they shall be personally