El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-01-30
contract and terminate the same.

This contract shall take effect ana
be In force from and after the 6rst day
of February, 1899, and shall continue
in force for the period of Eve years
from that date,
It is further stipulated that lights
shall be hung in the center of cross
streets in all cases where in the judg-
ment of the city council q better result
can be obtained than by hanging them
at the corners of the streets. The party
of the second part shall furnish all
lights required after thirty days not
ice from the city council that such
lights are desired and have been Or
dered; and the said second party fur
Their oblieates itself to remove and re-
place all such lights as the city council
may designate, the cost OF such re-
moval to be paid by said party of the
first part.
In testimony whereof, the parties
hereto have shereunto set their hands
and seals, this the day and date first
written, by virtue of resolutions upon
the part of the representative body OF
each corporation.
Signed and delivered in duplicate.
The City of Ell Paso, by
JOSEPH MAGOFFIN, Mayor.
The Ell Paso Gas, Electric Light and
Power company. by
(SEAL) q. T. WHITE, Vice President.
Attest: B. S. CATLIN, City Clerk.
I, B. S. Catlin, city clerk of the city
of En- Paso, Texas, do hereby certify
that the above and foregoing is true
and correct copy of the contract be-
tween the city OF Ell Paso, Texas, and
the Ell Peso Gas, Electric Light and
Power company now on file in my Of
fee Said contract filed January 18th,
1899.
Given under my hand and seal at my
N d. ~,
day of January, A. D. 1899.
(SEAL) B. S. CATLIN, City Clerk.
THE CONTRACT vOIDABLE.
Judge Coldwell said that in the
opinion Of the lawyers the contract if
tested would prove nullity for sew
eral ressoDs.
First, that the contract signed by
Magoffin was not the same as adopted
by the council, but contained a number
of changes in Its wording. which
though immaterial, would invalidase
it. The original contract allowed
50 Is for each arc light. The contract
as signed allowed 1925 per month.
Another thing, the city agreed TO pay
cash or its equivalent for the lights,
which was illegal because the city had
no right to depreciate its own scrip;
The attorneys also believed that
such q compact with the electric light
company should have been by ordi-
nance and not by contract.
The contract also calls for such
lights 81 the city may designate. The
attorneys concluded that none had yet
been designated and that it would be
necessary to hold another meeting of
the council to designate the number
and that the council could designate
one light or a hundred. The cit. liens
propose to go before the council and
entreat the members thereof not to
designate more than one arc lamp and
thus cripple the contract.
It is believed that the aldermen will
stand by the people in this matter.
The call for the mass meeting,
which follows. was issued with the un-
derstanding that the meeting was not
to be an Indignation meeting but
simply to discuss the best plan to
pursue to make void the terms of the
iron clad five year lighting contract.
MASS MEETING CALLED.
The undersigned earnestly request
every citizen of FL Paso to be present
at the court house Monday evening,
January 3Oth, 1899, at 8 o'clock p m
to consider the proposed contract be-
tween the city of Ell Paso and the Ell
Paso Gas company, and then and there
to take such steps as may be deemed
proper to induce the city council to
prevent the contamination of such pro-
posed contract.
E. KOhlberg, Thomas O'Keeffe,
w. M. Coldwell, L. J. Prudential,
Adolph Krakauer, Leigh Clark,
J. P. Dieter, John Sneed,
J. Calisher. L. NJ He'll,
w. s. McCutcheon, W. A. Irwin,
Frank G. O'Brieu, S. Aroustein,
F.. B. Fatman, W. A. Fox.
Phil. G. Boiler, Edwin Thomas,
F. Shaffer, A. Goodman, q
T. G. T,vOns JOsenh Sweanev