The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1906-04-28

the time of the beginning of the construction of
their line of railway, and shall keep and main
tain at their own cost and expense all crossings Of
public roads nowlaid out or hereafter to be laid out
ia said county, ina safe, suitable and proper man
ner and whatever ST. required to do by the Board
of County Commissioners, will construct said
crossings and grades thereto in such manner as
shall he required by said Board of County Com.
missionnrs, within 30 days after notice In writing
thereof is served upon said grantee or any of
their agents, successors or assigns.
section 4. That said grantee shall maintain at
their own cost and expense, all cnlverts and
drains now constructed where the same is cross
ell by their tracks and shall not interfere In any
with all necessary culvcrts, drains or bridges to
be placed thereon by any other person or corpor-
alton for carrying water across the line OF their
right of way, provided the same is constructed
ami maintained at the cost and expense Of said
person or corporation constructing same.
Section 5, The Board of County Commissions
erS of Canyon county, Idaho, expressly reserves
the right to cut away and remove all poles, wires
or tracks erected or constructed under the pro
visions Of this franchise, whenever, In case of
contlagraton, floods, or high water, such cutting
OF renewal shall become necessary, and neither
county. shall he liable or answerable to said
grantee or anyone else for any damage occas-
Toned by the cutting away or removal OF any
| such poles, wires or tracks, cut away or re-
moved.
Section 6. Said grantee their successor In in
tereSt or assigns, shall protect and save harmless
the said Board OF County Commissioners and
the said Canyon county, from any and all acct
hat MAJ FIRM tho Of SniI
atus. current, appliances and railway or the OPP
Grafton of the said business, and all wires placed
on poles shall be properly insulated, and proper
devices shall be used to protect human life and
prevent injury to public or private property.
Section I, That the right OF way herein grant
ed is over the following described roads and
bridges, to"it; Beginning at the east line of
| section Z, TIP. N, X. 2 w. and the valley road
| thence through Middleton In westerly direction
a ong the valley road for a distance of $3.50 feet.
Sections. That said grantee their successors
or assigns shall begin construction OF said line
within twelve months from the date hereof, an
| shall construct said railway from the Ada county
line west of Star between Ada and Canyon coun-
ties. to the city OF Caldwell, within two years
| from the date hereof.
| Section 3. 1t is expressly understood and
agreed that this right Of way, grant or franchise
shall not be deemed exclusive or construed to
prevent any other road or line of railway, per-
SON or corporation, from crossing the line OF
| tracts or said grantee, nor grant to them the
right to cross the line road OF any other rail
| road company where said crossing is a public
| road and under the control of said Canyon coun-
| ty.
| Section 10. 1t is expressly agreed and under
stood that on the failure of said grantee to COM
| pete any p0r ion of the line above described on
| or before the dates herein set FORTH then that
part Of the right of way, franchise grant here
| by conferred upon which construct shall not
| have been completed. shall revert to Canyon
county, Idaho, and from thence forth shall be
| null and void
Section II. 1t Is further understood that moth
| ing In this instrument shall be construed to make
personally collectively liable, any Of the coun-
ty commissioners of Canyon county, but that they
assent to the grant of this franchise with such
authority as may be vested in them and that
| they will not hinder the construction and opera
ton of said Boise u Interurhan railway, and
that the said railway shall have their full aud
free consent to occupy that portion OF said high.
| way herein set forth.
On motion the board adjourned until 10 O. clock
a m Wednesday, April Is, 1906.
Approved f. E. FISK, Chairman
Attest: JOHN A. TUCKER, Clerk.