The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-06-16

the property owners along said roatc,
and entered into possession thereof and
tore down many Of the buildings on said
right of way ANA on portion thereof
made deep and extensive excavations,
and after doing some little work. ceased
It's operations and have not to the pres
ent time completed as line Of road along
said route and,
Whereas. More than three years have
elapsed since the passage Of said ordi-
nance and since said railroad company
entered into possession Of said right Of
way and said line OF road has not yet
been constructed and work thereon has
entirely ceased and the same has been
abandoned, and for more than two years
p8s' 10 attempt has been made by said
eohrl.-. to build or construct said line
Of rond or complete said work that the
only work done on said road by said
company was 20 tear down some build
ings on said right OF way ana make a
deep excavation thereon between Spring
ar and Oklahoma avenues; that by quit
ting said work al The time and m the
manner the same was done and by re-
fufing, falling and neglecting to com-
pleie the same as contemplated by slid
ordinance said right Of way was lefl in
am unsightly condition and dangerous 60
the health aad safety OF the residents OF
| this city and by reason of the dangerous.
unsghuy and incomplete condition of
said right OF way The proper growth and
development Of the city of Guthrie ia
impeded. business interests and business
enterprises injured, and The general wcl-
fare of the public impaired, and.
Whereas 10 Is asserted thar said ordI-
nance ln its attempt TO vacate and close
portion Of the streets Of this city and
grant to said railroad company license
/ 10 appropriate the same 20 lts own use.
was Illegal ana void and wholly beyond
The power OF the mayor and ccunchuen
Of said city 70 give or grant, and.
Whereas, Whether said ordinance was
void or nor any right which said rail-
road company may have acquired there-
by and amy franchise or license to con-
st4uct and orerate railroad through
said city along said route acquired from
any source or In any manner whatever
by said company has been lost and for
fcited by unreasonable delay and the
franchise or license which said company
may nave obtained TO construct and op-
crate rs road along s1id route should bs
annulled for non-use and declared for.
feited by the proper authorities and
said right Of way forever closed. ane
said streets alleys and avenues roopenoc
20 public use and travel therefore be- Il
Resolved by the mayor ana council.
men OF the city OF Guthrie duly assem-.
bled N regular session
First That the attorney general OF
the territory Of Oklahoma be requested
to Institute legal proceedings in pripei
court 20 annul, yacate and forfeit ih'
franchise and license Of the said Choc.
taw. Oklahoma and Gulf Railroad co a.
pany. its successors and assigns 20 cf6i
struct a.hd operate rs line Of road ovel
ana along the route above mentioned
through the city Of Guthrie. and nrose
cute said action and take the necessarl
STEPS 70 forever close said rigft OF Sai
for railroad purposes, and 10 aDroEati
and annul the charter Of said pilroa,
company over and along said route
Second That The cny attorney OF thl
city be- and he is hereby Instructed anl
directed 20 act in conjunction with th'
attorney general % this Territory, ans q
give 20 said attorney general an neees
sary aid and assistance within his powo
10 The bringing and prosecution u sai'
action. and be Is further directed TO Civ
said matter his best attention and ~
take such legal steps 90 said matter "a
vii secure the annulment and forfeiiur
q The franchise of said railroad com
pany over ana along said route, an
cause said streets alleys and avenue
70 be reopened % public use and travel