The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1908-07-13
RAILROAD
CONTRACT

leading citizens of Roswell with Ed
Kennedy, in connection with the build
ing of a railroad into Roswell and for
the general information of our read
ers we publish it in full with copy
of the notes that are being made out
and signed by persons contributing
to the raising of the fund:
The Contract.
This memorandum of agreement,
made this June 81, 1908, between Ed
Kennedy, the party of the first part,
and the citizens of Roswell and vi
cinity, the parties of the second part,
who act by their appointed commit
ee, composed of J. w. Thomas, w. s.
Prayer, R. H. Kemp, A. Pruit, George
Slaughter, U. S. Bateman and c. Z.
Tannehin, Witnesseth:
l. That said party of the first part
covenants and agrees to and with
said parties of the second part; I'd
That he will construct and equip a
railroad with modern equipment, rea-
dy for business, on or before the ex-
piration of three years from date here
Chaves County, New Mexico; (2) that
the survey of said road is to be COM
menced from the west end of the AL
tus, Roswell & Ell Paso Railroad with
in three months from the date hereof
and completed in the most direct and
practical route to and into said Ros-
well as rapidly as possible, not later
than three months from the date of
the commencement of said survey;
(3) that the grading and other pre-
parations for the construction of this
road shall be commenced and pros
eucted diligently at said Roswell on
or before January l. 1909, and there
after prosecuted with diligence along
and over said. survey, unless some un-
forseen event shall occur, such as
strikes or epidemics or other happen
ings over. which the party of the first
part would have no control, in which
event a liberal extension OF time is
to be granted: ca that apart of the
construction of said railroad snail
consist of a 2O-stall engine and round
house and head-quarter division for
freight and passenger business, all
of which shall be located at said Ros-
well and there permanently operated
and kept, and shall be finished on or
before the expiration of three years
from date hereof; (5) that a railroad
corporation known as the Altus, Ros-
well & Ell Paso Railroad mas been for
med under the laws of Oklahoma
with power and authority to con-
struct maintain and operate in New
Mexico; railroad or railroads, and that
within 20 days from the date hereof,
all the laws of the Territory of New
Mexico regulating what has to be
done by foreign corporations for con-
structing and maintaining railroads,
shall be compiled with, so that said
railroad may exercise the power OF
eminent domain; Co that proper OFF,
cials for conducting the business aft
airs of said railroad corporation shall
be duly elected on or before the expi-
ration of 20 days from date hereof,
and that said railroad will undertake
from time to time, upon the request
and at the expense of said parties of
the second part, to exercise its power
of eminent domain for the purpose of
acquiring right of way for said rail-
road from the west line of the State
of Texas to and into said Roswell,
and the acquiring of title for termin-
ais and depot grounds at said Ros-
well, If said parties of the second part
cannot otherwise acquire title to
such right of way and for terminals
and depot grounds; and CD that the
title to the ground for terminals and
depot grounds, whether acquired by
the exercise of the power of eminent
domain or otherwise, shall be upon
the condition that the main line OF
said railroad shall be constructed to
and into said Roswell and said round
house and said head quarter divfs
ions, shall be established and forever
maintained and operated in good faith
at said Roswell, as selected and 10
Gated by said parties of the second
part, who have the right and power tc
select not only said right of way but
the grounds for said terminals ane
said depots and the right to designate
where the buildings on, said grounds
shall be constructed; but said parties
of the second part, in exercising theil
power as aforesaid. shall not act m