The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-08-01
city Attorney Stone States Reasons
for Insisting on Ills Measure.
SAYS COMPANY DID NOT KEEP FAITH
Obtained an Extension Of Franchise on
Specific Agreement and Has Not
Made PrcEsed Payments.


as condition for extending the present
franchise, a Post representative yesterday |
interviewed the city attorney IN order 70
place before the public a side OF the con
tention which has not yet been made pub.
lie.
1t would appear from the following facts
ELECTED from Air. Stone that he firmly be
lieves the company has already laid Itself
liable TO a forfeiture Of the franchise UNI
der which It Is now operating aud tina;
suit at law would recover every dollar
now claimed by the city rs due on paw
lug account, aud also to secure the annul.
ment of the twenty.three-year francnise,
which many have believed to be uuassail-
able.
Alderman Street, who was present at the
Interview, said: One thing is certain, this
matter will oe settled promptly by agree.
ment on the cltys terms pretty soon or It
Will go to the courts. This adminis,ra.
tion does not propose 10 90 cut or onice
leaving the dispute unsettled. The city's
rights will he protected fully"
Mr Stone has considered 1t unwise 10
make such disclosure OF his position be-
fore, because It is not considered good
pracuce" to advise ones competing attor
heys what the course OF the prosecution rs
to he. but, In view OF the ma ter possibly
coming up soon Hgnln Tor hunl action. he
decided 10 aUquGiHt the public with MS
Fgal view OF the matter In order tnat an
might understand the reason for his in
slslence upon bis original position. lie said
''rhls is a matter IN which the public is
v!tally interested. and ! shall he glad o.
state my position. 10 order that the puo-
Ne may fully understand my attitude IN
tAis matter, before II is nnaly closed
~ have all along commended aud shall
continue to iusist, thar the forfeiture
clnuse snail cover the entire franchise of
the street Railway company for the fol
lowing reasons:
I'm 1870 the street Railway company. NY
an ordnance duly passed, was granted an
extension OF It's franchise until 1875. \.
u, or thiriy.fve years from the date OF
the passage Ok the ordinance. Section 2,
which Is tho closing section OF said ord.
nance is ns follows; And The said street
Hallway company fer and IN consideration
OF the grant hereby made Extending the
frhnchis"l. agrees TO pay for six inches
aid t"nal pavement on each side of It's
ouieldc rails, on all streets hereafter
paved, In addition to that ns set forth in
the charter of the city Of Houston. Ihe
charter provided for the payment by the
street Railway. company OF the cost OF
paving between he tracks only. rms
Grdlance constituted a contract between
The city aud the Street Railway company,
the consideration for the extension of tne
pv The street halfway con1nanv ar me
terms and provisions of sertio1 4 tust
nuotcd
since 1so8 +bc Streot Railway coonanv
according 10 the records ~ the civ ms
not maid ono cont upon streot uavtng moi.
wlbstnndlnr Tho lnrc, nmonnt ar yinv
that has bTcp Jonc. nxrent n pnynrnf 81
s2ON0. which ,yns Inndo In iDdt iust he.
forp Tho strset Railway ,on,nanv ,yGnt INTO
the hands of n receiver nnd was reorrnniz
ed, This payment Of SoSWo Mas made 10
prevent INC CITY from kccnlus In" Sfrrot
halfway company In mo hanus of re.
,r Ior thice renrs. rs II was nosslhle
for II Ia have done with thn agrccu,ont
IN rio nort ~ rho street R,ityy9y ron,.
many, hat the city's claims sboI,d he
btotrcird in tho Judgment of forcrinsurc
mud be assumed by the noy compnny
which is the ureseut street ruilyynv com.
many
'OrdInprOy where two martins cnfer IN
10 n rontrort ana ann nortv Ia ,,liIsv nt
n breach or uonperform1nrr ~ M term,
Of me contract the Injured contrnctiul
pnrty has Inc nrlyiIere ~ s1lng and nsg
ins for the rcspisslon aud frrmlnuilon a
me contract rAo ri,y stands In his am
tude today. Within six rcars vim IN,