The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1907-11-15

signs &c loNaI ELaa H4As
he expiration Of said hfg(50l years
Of its intention TO 50 purchase Dur
jag sbe throe(8) 8)months preceding the
expiration Of the said fifty l5ol years
the said Scott Jones, his successors
and assigns, and the said city ef
Chiekasha, shah agree upon the vaiu
alton and terms 81 making such pur
chase, and, If the value Of said rail
way property cannot be agreed upon,
either party may demand an arbitra
tion Of such values. Each party shall
select one arbitrator and the two Sc
leeted shall select an umpire and af-
ter giving both parties an opportunity
to be heard shall make an award
which shall be final and binding o.
both parties and shall be a rule Of
any court Of general jurisdiction
authorized to take cognizance Of the
subject. to enforce it as such. The ar
bitrators shall be wholly impartial
and disinterested, shall be practical
" conversant with the special sub
jeet and shall before proceeding with
their duties, take an oath to fairly
and impartially appraise such prop
erty, and in appraising such property,
the cost Of same in connection with
its physical condition shall be consid
cred in arriving at the true value ef
such property
And in the event that such system
shall embrace lines outside Of the
city limits or extending from the city
of Chickasha to other towns, no pur-
chase Of said plant shall deprive the
said Scott Jones, his successors and
assigns, Of access to the interior Of
the city Of Chickasha for convenient
delivery Of passengers, express par
cells, freight or United States mail.
And if the generation for power fst
the traffic inside anl outside the city
of Chickasha is from one commoa
plant and the parties are unable -
agree upon the division Of property q
generating machinery, the said arbi
traitors herein mentioned shall be
authorized to make such rules with
reference thereto which may be equit-
able and said arbitrators, in case Of
disagreement, shall have the right TO
determine the route to be used by the
said Scott Jones, his successors and
assigns, in ingress and egress Of the
city of Chickaha, with its suburban
traffic, the particular tracks they
shall use and the rental to be paid
for the use of said tracks, overhead
work, and power to be furnished by
or to said City Of Chickasha, and TO
finally settle, determine or adjust any
and all matters resulting from . sepa-
ration Of that part Of the system Of
lines proposed to be built by the said
Scott Jones, his successors and as
signs, lying within the limits Of the
said city Of Chickasha, from any part
of said system as may be lying with
ont the limits Of said City Of Chick.
asha.
Section IS. That said scott Jones,
his successors and assigns, are hereby
granted the exclusive right to the use
of all Of that part Of the streets, av-
ennes, alleys and highways within the
city Of Chickasha upon which the
grantee, his successors and assigns,
shall construct operate and maintain
lines Of street railway for a period
of fifty(50) years, provided, however.
the city Of Chickasha reserves the
full right and power at any time dur
ing the life Of the grant herein made
poration or individual engaged in op-
poratoin or individual engaged in op-
Grating an interurban railway, 10
Jointly use with the said Scott Jones,
his successors and assigns, any track
or part thereof, owned or operated BY
the said Scott Jones, his successors
and assigns which may be necessary
to enable the cars operated on such
interurban railway to pass BY the
most d'rcct route to the business nor
ton Of Chicaksha upon equitable term
OF payment thereof, to the said Scott
Jones, his successors and assigns, tax
ing into consideration the value, cost
Of construction and maintenance Of
the tracks and overhead construction
70 jointly used, the amount paid by
said Scott Jones, his successors and
assigns, Tor street paving. the cost Of
maintaining the same upon such
streets or street So occupied, the pro
rata amount Of taxes and assessments
paid on such track or part thereof.
and the cost Of power used IN operat-
ing such interurban cars. II such
right to joint use be granted By said
eity. and If the terms Of compensa.