The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-06-18


repairing or extending it's system of
: sewerage, or in prosecuting any work
OF public character. And whenever
in the prosecution of it's public works
on lis streets and sewers, or on any
work of any kind, the tracks. road
beds, posts or other property Of said
corporation, or its assigns, shall be in
the way of such work, or an int6rfer-
ence or hindrance thereto, the said
tracks, road beds, posts, etc., rs the
case may be, shall be removed ont of
the way by said corporation, or it's as
signs, to the end that said Town
may prosecute said work without any
interruption thereto or expense in so
doing than if such road bed, tracks,
posts, ETC., had not been placed on
SAID streets: and said Town shall not
be held l in eoarlbfn78lracksnoi--fa -fa
be held liable for any damage result
ing tc said railway system by reason
of anything done by it or it's employ
ces III the discharge of official du-
ties: Provided, however, that said
Town shall exercise reasonable care
in the prosecution Of its work; and
provided further. that said railway
system shall have the right to re-
place it's said property on all such
streets on the completion of such
public works.
Section 13. The said SOUTH CAR
OLlNA PUBLIC SERVICE COR
PORATION. it's Successors or as
signs, shall have full power and au-
thority to erect its plants and to ear
ry ON and conduct any and all bust
ness within the Town Of Newberry
which is provided for and permitted
by its Charter, either over it's own
tracks or over tracks of any other
Company with which it may make
suitable arrangements. subject at all
times, however, to the existing laws
and ordinances of said Town Of New
berry.
Section ID. The privilege or fran
chise hereim granted shall be abso-
lutely void and of no effect unless
bona fide construction of said rail
way be commenced within three 81
years after the passage of this Ordi-
nance by said Corporation, or its as
signs. and unless said Corporation
shall construct, equip and put in op-
Grafton within six (6) years from the
passage of this Ordinance, so much
of said railway that shall extend
from the Town of Saluda, Court
H"ns". s. G. to the Town of Union,
S. c. which said line shall pass
through the Town of Newberry.
Section Is. Any violation of any of
the provisions of this franchise or
Ordinance by the, said Corporation
or any of its officers, servants, agents
or employees, shall upon conviction
before the Mayor of the Town, sub
ject the Corporation to fine not
exceeding One Hundred Dollars, or
any officer, servant, agent or employ
ee of said Corporation, violating any
vi lhe prov NlSlOllS Ol tIllS OfQbnanCG
shall upon conviction before the May
or be fined not exceeding One Hun
dred Dollars, or in default be impris-
oned with on without labor on the
streets and ways of said Town, for
a period Of time not H;ceeling thir-
ty days.
Section Is. 1t at any time during
the term of this franchise said elec-
tric railway shall not be operated for
Il period of six months, except for
unavoidable accidents, strikes or by
reason of judicial restraint, then the
Town Council shall have the right,
after fifteen (15) days notice to de-
clare this franchise to be thereupon
absolutely null and void.
Section II. The powers and privil-
eges hereby granted shall not vest so
as to be binding as a contract between
the Town of Newberry and the Cor
poration hereinbefore named, or it's