The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-12-23


to operate a street car and electric
light plant in the city of Raleigh, beg
to report.
That after careful and thorough
consideration of the matter and after
many conferences between the repre-
sentatives of this Company, COM
mittee from the Chamber of Com
merce of this city, and several citizens,
they have agreed upon an ordinance
which they herewith report.
While this ordinance does not en-
brace all that is desired by the Com
mittee, yet your Committee feels that
it was the best that could be obained,
and they have sought to safeguard
and care for the city's interest as far
as possible. Your Committee believes
that this street railway if built and
operated between Raleigh and Dur
ham, and also operated in the city Of
Raleigh and Raleigh township with
an increased mileage of track of two
and one-half miles to the present sys-
tenn, will prove a great benefit to the
City of Raleigh and will materially
aid in building up our city.
Wherefore your Committee recon-
mend that this ordinance be adopted.
All of which is respectfully sub
mitted.
JAS. I. JOHNSON, Chairman. e
F. W. HABEL.
LYNN WILDER.
c. A. SEPARK.
WIN. BOYLAN.
WALTER l.. WATSON,
City Attorney.
Then the ordinance was read. thus
showing that Peace Institute as well
as ST. Mary's would be included in
the reduced rate of fare, a round trip
for five cents to teachers and pupftS.
Another change agreed on was that 1t
be required that at least seven miles
of road in the township be construct
ed. Alderman Hicks wanted to make
unavoidable hindrances' as to refer to
physical matters and wanted trans
fer stations named. 1t was finally
agreed not to press either Of these. and
to make no changes in the ordinance
as read.
Two changes were reported in the
franchise as published. One is the
changing of the language of section
II. and a new section Ii. added, as
follows:
Twelve--Tkat fine Raleigh and Dur.
ham Passenger and Power Company
shall operate it's street cars from Raj
eigh, N c., to Durham, n. c., within
five years from the date hereof. and
if the said Raleigh and Durham
Passenger and Power Company shall
fail to operate it's cars from Raleigh
N.
years from the date of this ordinance,
unless prevented by act of God
strikes. legal interference or other un-
aVoidabI1 circumstances, then in TINS
event this ordinance shall become nun
and void, and the powers and rights
herein granted shall revert to the city
of Raleigh
Thirteen-The terms and conditions
of this ordinance may be changed or
.leI INx- ND of a ar
whenever they shall deem it neces-
sary for the best interest of the city,
upon giving to the said company
notice of thirty days previous to the
meeting of the Board of Aldermen at
which any change or amendment TO
this franchise may be introduced, pro-
vided. however, that no change or
amendment shall be made TO any of
the provisions of this ordinance which
shall amend or impair any OF the
powers herein given in their essential
part.
Col. Argo here addressed the meet
ing. He spoke after Aldermen Habel,
Johnson and Wilder said they would
be glad to hear him. He said that
for two reasons the franchise ought
not to be granted, these being:
F'irst-The Board has no legal au-
thority to grant the franchise.
This he said, was because an ex-
elusive charter had been given by the
legislature to the company for thirty
years, and an exclusive franchise for
twenty-five years by the Board He
urged this, saying that both legally
and morally the franchise could not
be granted. He held that the Board
had no legislative fnction, and then
said:
eff the Board grants the franchise
we will take out an injunction on this
company before it digs spade of dirt
or throws a pick.
He urged secondly that there was no
authority in the charter of Raleigh TO
allow the Board to grant the use OF
the streets to any company, that IL
required legislative enactment He
had the charter taken out by the new
company read and made sarcastic
comment on the privileges allowed to
build hotels, run amusement places,
parks. etc, saying it gave rights to
run the road into Port Arthur. He
told that last October the present
company had prepared for bonds to
get money to extend the road and
that talk of this new road had made
money timid. The proposed charter,
he held as q menace to the old COM
pany, one that would keep it from
doing anything for five years. he
wanted the new company to be re-
quired to build to Durham first and
exclaimed that il it had money, that
money will buy everything upon the
face of God Amighty's earth" and he
did not see why the new company
was not willing to begin work at once
He said that it WAS not right TO allow
the tracks of the old company to be
straddled, and talked of the evils of
too many electric wires on the streets.
In concluding he said that he did
not ask that the franchise be not
granted if the Board so desired, but
he warned of impending suits, and of
the litigation that might come.
Mr.. James II. Pou answered Col
Argo, and said that the scope of the
charter was for large purposes that
the new company had in mind, that
there would be hotels aud amuse-
ment parks on the line. He said that
the Bill of Rights denied any monopo-
~ or exclusive franchise. and that the
Supreme Court of North Carolina il
the matter of the Elizabeth City Water
works had said that no municipality
could grant an exclusive franchise
He derided the idea of the present
company extending its line, say1ns
that this was an old gag of eighteen
wears standing. He held that it was