Birmingham age-herald., 1895-02-27

exceed one-half of the price charged its regular customers.
 It is further understood and agreed that the party of the first part shall have the right to the top cross arm of the poles erected under and by virtue of this contract for the purpose of placing the wires upon them for the use of the police or fire alarm system of the city of Birmingham, pro- vided, however, in such uss it shall be un- derstood in DO way whatever as granting the party of the frst-p part any ownership in said poles, and that said use shall ln DO way interfere with the use of the poles by the party of the second part for it's own purposes and uses.
 It is further understood and agreed that the said party of the second part shall or ganize as soon as practicable under the laws of the state of Alabama into a corpora tion, which shall assume all the obliga- tions and agreements of this contract.
 It Is further understood and agreed that the party of the second part hereby agrees and binds itself, it's successors and assigns to hold the party of the first part harmless from all damages which may arise from the construction and maintenance of it's plant and system.
 It is further understood and agreed tha t at the end of twenty five years from the date of this contract the party of the first part shall have the right to make such reasonable charge for the use of the streets, avenues and alleys of said city by the party of the second part for the inuation of the above described telephone plant and system as, in their judgment and discretion at that time may seem right and proper.
 It is further understood and agreed that for the purpose of carrying out the pro- visions of the contract the party of the sec- ond part or its successors agree to furnish parties of the first part with good and suf- ficient bond in the sum of $500, which said bond is to be given under date of tue signing of this contract.
 The mayor said this contract had been agreed upon, and the company, he sup posed, would be given reasonable time in which to sign it, as that seems to have been customary.
 Mir. Ulman moved a consideration of the contract seriatim, and there being no ob- jection to the motion the chair so ordered.
 kir. Ullman raised the point that date should be fixed by which time the company shall have in operation certain number of telephones. As the contract reads, said he, frivolous law suits might be matched up to delay a compliance with the contract.
 MT. McCarlin moved that that clause of section 1 providing for an extension of time in case of unavoidable delays be stricken out. He said if the good times we are all expecting come, other companies will be asking for franchises, and if that others will expect it. He thought 1t dan- gerous thing to let that clause go in this or any other contract.
 Mir. Martin, attorney for the telephone company, by permission of the board, said the company was willing to insert the clause except law suits brought by collu sion, and the board to determine that question:"
 MT. Ullman, who seconded MT. McCar- tins motion, said he thought MT. Mar tins suggestion satisfactory, whereupon MT. McCartin withdrew his motion and the clause was inserted.
 The special committee recommended that a bond Of S2500 be executed by the said Bowles and associates for the faithful com- pliance with the contract, including the provision that the company shall construct, operate and maintain telephone system. Mir. Martin, for the company, objected to this provision, saying the company should not be required to make bond to do some- thing that their business might not justify.
 On motion of Mir. McCartin the objec- tionable provision was omitted.
 After the adoption of the franchise the board adjourned.