The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-01-28
RAILROADS GET
TWO FRANCHISES
Rio Grande Western and Western
= Pacific Secure One-Hundred-
Year Grants.
THEY NEED NOT GIVE BONDS
CITY ATTORNEY HILEs' RECON-
MENDATIoN VOTED DOWN.

efn Pdclfc and Rio Grdnde western
railroads were granted at q special
meeting of the city council held yester-
day afternoon The vote on the final
passage OF the Western Pacific fran
chise was unanimous. Councilman
John Holley alone voted against the Rio
Grande Western franchise. Both grants
run for 100 years.
When the council met a communica-
tion was read from City Attorney Og
den Hiles. Judge HiIes declared that
an important omission had been made
in both franchises To protect the city
from liability for damages that might
which would hold the roads liable IN
the sum of LOCO, 900 for the payment of
such damages. He urged that they be
required to put up a bond in that sum.
Councilman L. D. Martin moved that
the amendment suggested by Judge
Hiles be Incorporated in the franchises.
Councilman FernstrOm called for an
expression Of opinion by the railroad
representatives. Mr.. Holley objected,
and declared that there was no reason
the railroad men should be heard from.
FeYnstrom pointed out that the st6 tie
law made the companies liable for
damages anyway, and declared that he
was opposed to putting the roads 70 any
unnecessary expense. After some fur
Their debate the floor was given to the
attorney for the two companies, Waldo
mar Van Colt.
Wouldn't Accept Such Terms.
Mr. Van Colt declared that the com
panies could not accept d franchise re-
curing them to put up a $1,O00,O00 bond.
Such a bond, he said, would cost $40 600
year for 100 years. He pointed out
that the companies were solvent. and
said If they were not responsible for
their debts they shouldn't be given a
franchise at all. He emphasized, the
fact that other companies holding fran
chises in Salt Lake have not been re-
CURED to put up such bond. The laws
Of Utah made the company liable for
any damages which it caused, he de-
clared.
No Bond Exacted.
Judge Hiles made a speech. and final
~ an amendment was adopted which
binds the companies. in accepting the
franchises, to pay all damages caused
by carrying out the provisions Of the
franchise. The amendment does not
require the companies to put up a sure
" bond. nor name any specific sum in
which they shall be held liable.
The Rio Grande Western franchise
as then passed.
When the Western Pacific franchise
was taken UP Councilman RulOn 6.
=
. the company to negotiate for its present
unsecured right of way before begin
ming condemnation proceedings or other
litigation. After some discussion the
amendment was withdrawn. Mr. HOlley
offered a substitute ordinance making
the restrictions more stringent, but it
was ruled out of order by President A.
]. Davis. The franchise passed finally
Oy a unanimous vote.
Rio Hrznda Erz1chsea
That portion of the Rio Grande West
ern franchise which describes the route
Is as follows:
Section / That the franchise here
tOfore granted to the Salt Lake & Fort
Douglas Railway company and its sue
ceSsOrs and assigns to construct and
operate a line of railroad in Fourth
West street. from Eighth South street
20 Fifth North street, and thence north
westerly across streets or the city to
Ninth North street, with side and
switch tracks and connections, (prO-
vided, there shall be no side or switch
tracks between North Temple and Fifth
North Streets, and TO which franchise
and right Of way the Rio Grande West
srn Railway company has become the
assignee and successor in interest Of
the grantee. is hereby confirmed and
granted 70 The iast-named company, its
successors and assigns. but under and
subject to the Limitation that such
track from the south side Of North
Temple street to the north side of Fifth
North street shall be laid and main
tanned on the west side of the track of
the Oregon Short Line Railroad COM
pany. as now located in said street, and
the further right of way is hereby
granted to the Rio Grande Western
Railway company. its success sOrs and
assigns, to lay, maintain and operate on
the west side Of the right of way above
confirmed and granted, with side and
switch tracks. crossovers and cOnnec-
lions. an additional standard gauge
main track on Fourth West street from
Eighth South street to the south side
of North Temple street.
"A franchise and right of way is also
hereby granted to the Rio Grande
Ors and assigns, to construct, maintain
and operate an additional standard
gauge track across the streets of said
city from the north side of Fifth North
street on Fourth West street. north
westerly across the streets of the city
TO Ninth North street, and from the
last named point a main standard
gauge double-track line across the
streets of the city nOrthWesterly TO
connection with such compauy's main
line as now located at or near Lincoln
avenue In Superior addition to Salt
Lake CITY. A franchise and further
right of way is hereby granted to said
grantee. its successors and assigns. to
law. maintain and operate between
Fourth and Fifth North streets, on
Fourth West street, a crOssoyer track
10 connect with the tracks Of the Ore
gOn Short Line Railroad company.
"a franchise is also granted to such
grantee to procure the right to use the
tracks of. the Oregon Short Line Rail-
read company on Fourth West street
from the south side OF North Temple
street 10 the north side of Fifth North
street.
THAT the Rio Grande Western Rail-
way company shall arbitrate all dam
ages caused on said Fourth West street
bV reason of laying any track Any
person so damaged may select one
competent and disinterested arbitrator
such railway company shall make
ike selection and they two shall select
p third and the majority award shall
be final the proceedings shall be ac-
cording TO the statutes of Utah on ar
bitration and award.
Of