Daily camera., 1899-02-13
Efforts O Throttle
Street R0lN0y
WHAT OF THE ROAD2
The Electric Street Railway Company
Makes An Exposition of Facts.

Makes an Exposition OF Facts.
To the Daily Camera:-
There are few Boulder citizens who
are quietly doing what they can to pre-
vent the building of the street railway
What private interests they have we care
no.. Our company has not the time or
inclination to follow up and answer the
numerous malicious rumors which these
back cappers are circulating. There are
few matters, however. upon which the
public should have full information since
they concern the establishment of nee.
essary public improvement in Builder.
To this end we submit the following
statement to the citizens:
The ordinance granting the present
street railway franchise requires the
builders of the road to give bond IN
the sum of $4,000 properly conditioned
that the road to the city park shall be
completed on or before the first day of
June A. u. lSoo" One of the conditions
of the ordinance is that this Chautauqua
line shall be in operation by June Ist, but
nowhere does the ordinance provide that
boad shall be given that it shall then
De in operation. In pursuance OF the re
quirement OF bond for the completion
of the Chautauqua line by June Ist, and
while it was doubtful whether the Chau
tauqua would be held and when the time
for filing the bond was about to elapse,
the company gave such bond. signed by
the four grantees of the franchise and by
two suretes. One of these sureties swore
that he was worth the penalty of the
bond This party further personally
represented to the mavor and clerk that
he had property IN Colorado worth from
ten to twenty times the penalty of the
bond and that the other surety was worth
at least 5000 900 and that he would make
oath that the other surety owned real
estate in Boston worth at least 100000.
This bend contained provlso that the
bond should not become efectual unless
the company irst had reasonable assur
ances that the Chautauqua would be
maintained. When the franchise was
granted everyone assumed that the
Chautauqua would be permanent. With
out it the line to the city park would not
be needed and in that event tine city
should not require and the company did
not wish to become liable upon an un
conditional bond. The provlso is no
more than any reasonably cautious bust
ness man would require. When Mayor
Ricketts, returned from Texas and statec
| that the Chautauqua would be maintain
ed the company Immediately waived
| this provso Surely under the clrcum.
stances which existed when this bond
was given, this bond was "properly con-
ditioned" within the meaning and spirit
Of the ordinance. The city attorney,
however, advised the mayor and city
council that this proviso injected into
the bond, something for which the ordin.
ance did not provide, and therefore the
bond was not in pursuance of the ordin-
ance and was void. Since the advice
was given and since the mayor latter the
principals on the bond refused to justify
because this is required of suretles only
failed to approve the bond and since the
council has requested new bond, the
city attorney has very kindly drafted
such bond as he will approve. After
page and half of type written legal car
OF "whereas" clauses reiteratlng that the
owners of the franchise "have promised
and agreed and do hereby promise ano
agree to construct and put in operation
the Ctautauqua line by June Ist, the
bond provides that in order to satisfy it:
requirements the obligors shall not only
complete, but shall also put in opera
Ition on or before the first day of June, A
D. 1909" this Chautauqua line. Had tbt
council supposed that we would com
plete this line and then let it lie idle dur
Ing the most fruitful season OF the veal
| SURELY that body would have required q
bond for its operation during that time
Ia thing which the council did not do