Douglas Island news., 1906-09-19

or some part thereon Wlthlh or "l.noue .ie Town limits and shall have said railway line in use within tw O years from the date of be- ginning of construction.
 SEC. s. The construction of said railway shall be of first quality. It shall be of a single or double track, or partly of single and partly of double track and shall not be greater than standard gauge. Single tracks shall be laid upon one side Of the center ot the street with the inner rail not less than ten feet from center of street. Double tracks shall be laid so that both tracks shall be on one side of center of street, and to be limited to two hundred feet at the southern extremity of Third street. Rails, switches, curves and cross-oVerS shall be of snch patterns aS are in general use for similar purposes. They shall be so laid that their upper surface conforms as nearly as pracu- cable to the established grade of the street where it has been brought to grade. Where the streets have not been brought to graoe' the upper surface of the rails shall be con structed either to the established grade or shall conform as nearly as practicable to the actual surface of the street.
 The rails shall offer no more obstruction to the crossing of vehicles than tH can tracs Rs herein provided for, cross those of n railroad or another railway, the rails of each shall be cut or altered that the cars ot each can pass of the construction or repairs, the streets in which such construction or repairs have been made shall be left in as good condition for public travel as they were before the commencement of such work.
 Poles shall be of wood or metal, their loca- tiou and height shall be subject to the approval of the street committee. They shall be painted such color and to such height as the street committee shall order.
 All electrical currents used by said grant eeS, their successors and aSSlGnS' must De cared for SC as to insure sutnGient return S ol the same along its own metallic conductors, to prevent any damage or injury to any property of the Town from such currents.
 The Town of Douglas reserves the right to l,NtW. Y1H assigns, to adopt reasonable economic method in actual practicable and successful use under similar circumstances and condi- tions, for the operation of said line, so as to insure such return of said current. All equipment shall be of first quality and shall be installed so as to interfere as little as possible with other public uses of the street.
 The cars used in operating such lines ot railway shall be of an approved pattern and constructed for the convenience and safety of the passengers. They shall be provided with brakes and other necessary appliances for the protection of life. The grantees, their successors and assigns, may propel it's cars either with Steam.b by electricity, cable, or by each or by other motor or motive power.
 Cars shall be run over the route for the transportation of passengers and freight at such reasonable intervals as the grantees, their successors and assigns, shall find con- venient and suited to the needs of its pas SengeTs, and to handle products and mer- chaudiSe to and from freight cars in such streets and portions of streets. as the City Council may from time to time designate and authorize Provided that no grant is h ere- by made of any tide lands or riparian rights, and the town of Douglas hereby expressly reserves all its upland or littoral rights, now existing, or that it may hereafter acquire.
 over said railway line within the town limits shall not exceed sixteen miles Gn hour, and shall be subject to regulation and coutrol by the Town Council by ordinance. In case of any wilful violation of any ordinance passed in pursuance thereof, the owners or owner not exceeding One Hundred Dollars for each violation; said penalty to be recovered by Town of Douglas through its Municipal Court.
 That the rights, priyeiiges and franchises herein granted shall not be deemed exclu- siye; and the right is hereby reserved to the Town of Douglas to grant to any person or persons, company or companies, under any existing laws of Alaska, the right and priyelege to construct, lay down, maintain and operate n line or lines of railway, through, along and over the streets ot the. said town.
 Nothing in this ordinance shall be SO con- strued as 60 prevent the authorities of the Town Of DonglaS from seWering, planking, paving repairing, altering, or otherwise improving or re-fmprOying any of the streets herein named and the town shall not be liable to the owner or owners ot said road for any damages that may occur by reason
 
 exercise of any right, provided or reserved in this Section. This ordinance shall not be SO constructed as to deprive the town of Douglas of any powers, rights or privileges which it now has or may hereafter he con ferred upon it to regulate the use of and control of the streets and alleys Ot said town.
 Any person wilfuDy or unlawfully ob- structing or interfering with either the construction, maintenance or operation ot the railway herein provided for shall be deemed guilty of misdemeanor, and upon
 Gl. .IglN WNV,Na alNaFA lac fine not less than Five (J) Dollars, nor more than One Hundred (1O0l Dollars, or by im- prisonment in the town jail for net more than 20 days, or both such fine and imprison- nlent. That when any person shall obtain | permission to use any street Of the city for !! the purpose of removing any buit3tng, said grantees. their successors or lassigns, upon l Forty Eight Hours written notice from the street committee, shall raise or remove any of their wires which may obstruct the re- moval of such building SO US to allow the 1 passage of such building across, but not l along, any street on which the wires Of said ! grantees, their successors or assigns, may be 1 erected; provided Chat such crossing shall | be done at such reasonable hour ot the night, and in such reasonable manner as shall cause least interference on the line of grantees, theiF successors and assigns.
 SEC. I. That the Grantees,their successors or assiGus,b its acceptance of this franchise signs,to protect and save harmless che town l of Douglas from all claims, actions or dam" Rgee of every k juCl and description which may acrue 10 or bc suffered by any person or persons by reason ot any defective construc- lion or maintenance or improper occupatiou of said rjght-o5-way, or by reason of the negligent operation by said grantees, their successors and assigns, of its cars over the Tight-of-Say herein granted, and in case suit or action is commenced against said town of Douglas for dama2c5 ertHing out of such defective construction or maintenance or improper oecUpat oa cS, or negligent opera tion, said gy1auteeH, their successors and assigus, win opor p0tioe to 1t or to themyoT action. defend fbe same st its sole cost and | expense, and in case judgement shall be rendered nSaiDSt the town of Douglas in indgemept after tho said suit or action sh hafl have been Ful!y determined, if determ jued adversely to said town.
 SEC. 2. That said grantees, their successors or f,ssia.Ts. shall forfeit and shall be deemed to