Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1908-11-21


OF every kind from Or by reason 81
Injury to persons Of property owing
to the existence Of such track, poles,
wires. turn-onts. or cars OF said com
pany, In, ON or upon the streets. all
| legs, pavements or grounds of said
corporation, or by reason Of the man,
ner OF the operation OF its road BY
| the said company, or by reason Of the
negligence Of said company. it's ser
wants or employees
Sec ia. That the said company
shall begin work upon the construct
ion Of the raHlway herein authorized
and prosecute the work thereon
with diligence, beginning not later
than April list. 1909. and have, the
same completed and the road in oper-
alton with cars running thereon. as
hereinafter set forth, by April 1sr,
1870 If the said railway company
shall not begin said work prior to
April 1st. 1909, or having begun -han
not complete the same and have cars
running from the intersection Of
1Toler avenue with North Queen street
to the corporate limits OF said city on
Winchester avenue or Raleigh street
and shall run the cars continuously
npon said road, making a round trip
once each hour daily between the
hours of o'clock a. m, and 10
o'clock D. M, over the right Of way
granted by this ordinance, by April
list. 1910; then the grant contained in
this ordinance and all the right to
maintain and operate said road here
under shall become null and void. and
all work done upon the streets of said
town. the tracks. ties. cables, poles.
wires. etc, which Shall have been
laid erected and constructed, shall re-
vert to and become the property OF
the corporation of Martinsburg, and
the money deposited as required by
section sixteen shall become forfeited,
in addition to all other forfeitures
hereunder, as a portion of the liqui-
dated damages resulting from the
breaking of this contract. And If. at
amy time after April 1st, 1910, the
said company shall not run said cars
the same as aforesaid, between the
aforesaid limits. then and in that
event, the same forfeitures shall be
made and the company shall become
liable as aforesaid. Provided, how
ever, that this section shall not be
construed against the company IN
case of unavoidable accidents and
strikes. except that such road shall
be begun and in operation, as afore-
said.
Sec. Is. That the grant herein
contained over the streets herein
specified is an exclusive grant to said
company to operate street railway;
and the corporation of Martinslburg !
binds itself not to grant any other
franchise to any other street railway
company over said streets, unless and
kx5qpt under the following provis-
ions:
(a). If the said railway is not COM
pleted over all the streets mentioned
In this franchise prior to April lst,
1911, and cars run continuously there
on as heredn specified, the n the grant
as TO snch streets not so built and
operated shall become null and VOID
and the rights revert to the corpora
ton of Martinsburg, the same as
though this franchise to occupy said
streets had not been granted; and III
addition thereto. if any tracks, poles,
wires. property. etc. have been placed
lppon said streets, the same shall re-
vert to and become the property OF
the corporation of Martinsburg, as
nrovided for in section fourteen ot
this ordinance. Fl
(b). The corporation of Martinspurg
reserves the right to grant TO other
companies the privilege to occupy any
one of the streets herein mentioned
on points OF said streets. upon which
the tracks of this company have been
laid and upon which the said railway
is operating, for not more thah TWO
blocks at any one point PROVIDED
said other company or companies
shall have built its road into the cor
porate limits from the outside there
of In this case the said companies
shall enjoy the use of such track up
ON such fair and equitable terms as
NAV be agreed upon by said conpan-
les and in he event the said compah-
les fail to agree upon equitable terms
either of said companies may apply
bv pethion to the Circuit court OF
Berkeley county, West Virginia or
the Judge thereof in vacation, which