Omaha daily bee., 1902-10-29
FRANCHISE GRANTED HAYDEN
County Board Says he May Build Suburban
Railway Lines.
IMPOSES FEW SPECIAL REQUIREMENTS
Changes ais Proposition In such way
~ 20 Hasten Construction aud
Relieve County from Any
Additional Expense.

There is at the county com
missioners' chamber in the court house
a franchise for a suburban electric road
or roads through Douglas county and for a
telephone line in connection with the same,
awaiting the acceptance or refusal Of Will
liam Hayden OF the Hayden Brothers de-
psrtment store. The franchise was granted
yesterday by Commissioner ostrom,
o'Keene. Connolly and Harte, the fifth
member Of the board. Hofeldt, being so
busy with his political fences in the coun-
try districts that he hasn't been at the
court house for several days and could not
attend this mornings meeting.
Changes Hayden's Proposition.
Mr.. Hayden filed his first request with
the board two weeks ago, and it was limited
that the 81, 200. 900 capital required had been
offered him while he was in Boston and
New York a month or more ago, and that
he could begin building inside of a year.
The board seemed receptive and 80 he filed,
a few days since, a blank franchise for its
approval. In this, however, he asked i've
years from January 1, 1904, in which to get
i've miles of road into operation and to
this clause COMMISSIONS Ostrom objected,
arguing that the time was needlessly long.
The commissioner proposed drawing up a
new franchise, and this was done. In II the
date Of getting five miles Of road into oper-
alton was brought one year nearer; Hay
den or his assigns are required to provide
thirty-two-foot crossings wherever the
lines cross roads; are required to use only
good material; are required to bear the ad-
ditional outlay for bridge work: are re-
CURED to maintain continuous operation OF
80 -
OF the franchise alone shall be but 81 in
case the county should in future desire to
purchase the property. None OF these stip-
u~lations we're in the franchise proposed by
the petitioner.
How the Resolution Reads.
The resolution passed by the commission
ers reads:
Resolved. That said William Hayden and
his assigns be and he hereby is granted
the right, privilege, permission and fran
maintain over, on, along, across and under
the public highways, roads,, bridges, cross
single or double track railways, with ali
necessary and suitable turnouts, crossings,
and slots, tunnels, turn tables and cross
overs, said right, power and franchise
being granted. however, upon the following
terms, towit:
Then are given the stipulations, with the
petitioner always referred to as William
Hayden and his assigns" The stiplations,
stripped Of the legal verbosity, read thus:
All powers, rights and franchises shall
terminate and expire on December 81, 1854.
william Heyden or his assigns must file
a plat or survey of the proposed line with
the county clerk by January 1, 1908; must
one year of that late, complete five miles
Of 1t within five years OF January 1, 1903,
or, X there be three or more lines, shall
hill AnnAn md nnEnNn ~ lanaA A. al
this time.
ing west from the city of South Omaha,
one starting west from the city of Omaha,
one starting northwesterly from Omaha,
one starting north from Omaha and one
through East Omaha precinct
Hayden Is given the privilege Of operating
win overhead wires, storage batteries or
whatever else is now or may become suita-
Bile. except steam. There is TO be no change
In the grade of any public road or highway,
except with the consent of the commis-
Hayden may divert his lines from and
back TO the public highways whenever he
deems necessary, but wherever any line
crosses the public highway he must. at his
own expense. construct and maintain a
suitable brick, wooden or stone crossing,
not less than thirty-two feet In width, the
same requiring the approval Of the com
In laying his track he must keep upon
the south half OF roads running east and
west and upon the east half of roads rum
ming north and south, the inside rail to be
in each instance not less than ten feet from
the center of the road or highway. The
poles shall be maintained on the same side
OF the road as the track and where a
double track is laid they shall be between
the tracks.
Ali public bridges used by the company,
except the bridges over the Elkhorn river,
shall be repaired, maintained and rebuilt
whenever necessary, the expense of such
repairing, rebuilding or construction TO be
borne Jointly by the Hayden railway and
the county of Douglas, each paying one
half the cost.
Must Pay for Repairs.
In case. in the judgment of the commits
sioners, any bridge shall need repairing or
rebuilding they shall cause an estimate to
mand in writing of the railway company
that II pay TO Douglas county one-half of
TO the CONSTRUCTION OF said railway. and
which may need Strengthening to carry the
new traffic, shall be strengthened without
Charges by the company for the trans
portation of freight and passengers are re-
quired to be made reasonable"
At the expiration OF the period covered
In this franchise Douglas county is to have
the right TO purchase the HAYDEN railway;
with all equipment, rights. privileges and
easements OF the company at a valuation
20 be fixed by five arbitrators. two selected
Corporation and the hfth by these four;
the valuation OF the franchise to be 81.
Before construction OF the road may
begin the Hayden corporation must execute
and deliver TO the county a good and SUM-
Client bond in the penal sum OF $4,000, con-
ditioned that the Hayden corporation must
keep and forever hold the county harmless
from any and all damages or expense by
reason OF any negligence of the Hayden
corporation during the building and opera
ton Of the road.
The franchise may terminate upon the
company failing. at any time, for a period
OF ten days, TO run at least two trains a
day each way.
The company is granted the right to con-
Btruct and maintain along or under the