The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1902-01-24

j. NJ McLOCD,
General Solicitor
Know aii men by these presents This
contract entered into hy and between tht
undersigned citizens and property own
ers Of the city OF Guthrie oklahoma I,er.
ritory. on behalf OF themselves ana olhei
residents OF the city Of Guthrie ana Vi
cinity who have givep notes payabie 70
the Choctaw, Oklahoma and Gull Rall-
road company. in aid of the CONSTRUCTION
Of the line Of railroad hereinafter mcn-
toned (who are for convenience herem-
after called parties OF the first part ,
aud tho Choctaw, Oklahoma and Guii
Railroad company, or any AUXILIARY COM
pany which the officers Of said company
have or shall cause 20 be organized Tor
constructing the said lire OF railroad or
any part thereof (Which party or parties
for convenience shall hereinafter De GALE
ed "ChOctaw Company.D
Witnesseth. That whereas. The ChoctaW
company has in contemplation the con-
struction Of a line Of railroad from a cun-
nection with the Choctaw, Oklahoma and
Gulf railroad az some point In the indian
Terrltcly not west Of Holdenvule in said
territory TO a connection with the Ntchi-
son, Topeka and Santa Zee company az
some point north of oklahoma City ln
Oklahoma Territory, and
Whereas The HiEners desire the said
railroad to be constructed TO the city OF
Guthrie Oklahoma Territory, and
whereas The parties Of the first part
have obtained notes payable 20 the order
Of .The Choctaw. Oklahoma and Gulf
about sixty thousand 100000 dollars TO
aid IN the construction Of said line of rail-
road ana
y Beadles. j. W. McNeal and g.. VI
Barnes have examined. scrutinzed, ana
passed upon the value Of said notes. ana
the responsibility OF the parties giving
the same. and have made report in writ
ing to the general solicitor Of the Choc-
taw company, certifying that iorty-slN
thousand $50, ,000) dollars worth of said
notes are good. bankable paper
Now, therefore the choctaw company
Tor and IN consideration OF receiving
said forty-siX thousand t$it.WW dollars
worth OF notes and OF the covenants ana
agreements hereinafter mentioned 20 be
performed by the parties Of the first part.
covenants and agrees TO hdild, or cause 10
be butt, line Of railroud from the city
OF Guthrie, Oklghoma Territory, to CON
nection with the present line Of the Choo-
tRw, Oklahoma and Gulf railroad NJ some
point In Indian Territory not west OF
Holdenville, In said territory.
First. II the ordinances hereinafter
mentioned are passed by the corporate au-
thorities Of the city OF Guthrie, the sur
vey and location OF said line of railroad
shall be commenced Immediately thereaf-
ter, and the construction OF said line or
railroad by grading shall be commenced
AT GUTHRIE as soon thereafter as prac-
ticable, and the construction 10 extend
over the whole OF said line 50 FAR as prac-
ticable, and, barring considerations be-
yond the control Of the Choctaw company
the said line OF railroad shall be complet-
ed AMI in operation between the city OF
Guthrie ana a connection with the st.
Louis and San Francisco railroad az or
near Chandler, IN Lincoln county. okla
homa Territory within eight mOnts from
this date and barring conditions beyond
the control of said Choctuw company, -ho
whole OF said line TO DE completed and
ia operation in 20 the city oiGuthrie with
an sixteen months from this date. Provld-
ed, however, if said ChOct8w company
20 the tenor ana effect Of this contract
and the right to collect the notes trans
torred by this contract Go the signers
hereof, should thereby be forfeited; then
and IN that case the said signers shan
be released from the obligations OF this
contract
Second. The parties of the first part,
tNr ana In consideration OF the benefits
which they consider VIII accrue 60 them
or 10 their property ana the city on
Guthrie and its inhabitants ana t3 the
makers OF the notes herelnncf1re mention
Cd and as an aid 10 the conltructlan OF
the same do hereby covenant ana agree
with te Coctaw company and with each
other ane promise to pay TO the Ch1c-
taw Oklahoma and Gulf lInilr com
pany or its order the sum of four thOu-
sand $4,000 dollars which shall become
due and payable within sixty days after
said entire line Of railroad is completed
Nsd In operation into the city of Guthrie.
Third For the same consideration men,
toned IN the last paragraph tine signers
covenant ana agree with the Choctaw
company ana with each other that they
VIII az their own cost ana expense. and
Tree OF an cost and expense tu the Choc-
taw company or the company construct
ing said line OF railroad. purchase and
cause 10 be conveyed by proper deeds or
conveyance, or other evidence OF title to
the said Choctaw company. or the come
pany constructing said line Of railroad on
urffaa nrH a
twenty COD acres OF land for railroad
purposes outside OF the corporate limits of
The city OF Guthrie and as near 10 said
city as feasible and practicable, and exarf
location and description OF the same TO be
determined by tbs cnief engineer on said
ChoctaW company.
Il is further agreed and UNDERSTOOD by
ana nttWetn the parties hereto that NJ
said twenty t20l acres OF land. or am,
part thereto, cannot be acquired hv the
signers by voluntary purchase or amieable
setuencnt py the time the SHINE is needed
ny the AoctaW company, the sIme may Ee
acquired by condemnation prOcc edinns TO
De brought I'm the name Of the company
constructing said line OF railroad. but the
sleners agree 20 pay an appraisalnen.s
make an deposits. give an bonds. ana nav
all Judgments IN such condomnatl IA rro
ceedings' Provided that the signors shall
have me right II they 80 desire hy giv-
ing the necessary bonds 20 appeal from
the award Of any appraisers To the disc
trict court or logan county. and from
sueh district court % the supreme court
~ mo FerFitorN of oklahoma. or 20 slch
other court or courts 20 which the laws
may entfls them 20 appeal, and the sifn-
era aFfec 90 nay am costs and expenses
connected Wth such condemnation rra-
feedinrs unfu hnal Judgment i1c'udiug
attornev fees and court costs. Provided
inrtnfr tNrt the siguers shah have ihe
right to stem euch co nd mn4ton rr-c f7-
mss i nv time hy pnylng tho award -
the annf9'-cra or tho iudgment of tho
conr, 0nf n.l c0gte and eXucueos connect
- thrr ~-'fh' Provided further thrt n
the '."ffre fail 20 ray the award ~ the
nrn"ofTer9 or anne0i from such nwarl
Within fro tire renuired hv law or flll
90 THN 0rr 4r0r~rut ~ Tie court or au-
nfal fhT rr~o vifhin Tho dino raouirea ~
lfW gov ~ nnN any hu7l Judgment le-
flTl rffnn nr tho enrrr Be- Iaeuaf
the Hhcci ~ camrauY is hereby auth1rl1-
- fhf ermr ana 90 cover nl