The Brunswick news., 1909-07-23

to arbitration BY eX-MayCr SymunS
and his board Of alderma "a. rs to the
intent OF the language at tima fran
chise was granted. and aplde by de-
ci5Ion Of the majority %. the oil
board
subsequently, and some days later
Mr.. Calnan called on Mr. Aiken Whrl
more discussion ensued. al which
time we declined to have Mr.. Pen
niman do part Of this work, heca1s,
in the first place it was a physical
impossibility to spare nim without
actually stopping our work, and il
second place il would be bad 'e'
for all parties to have our engineer
get out prOfleS, and Mr.. High the
grades on which to base estimates
as to difference in dirt and dollars
existing between us; we submit such
proposition is as unfair to both
engineers as to the city and this
company, as there would be no pos
sible means of adjusting any future
controversy that might arise ovel
such figures.
Mr.. Calnan wanted to know VIII"
we didn't fill in and finish off the
track then and now laid on Glou-
cester street. Mr.. Aiken replied that
dirt was required to fill track to
grade, and that we were waiting the
result of figures and conference With
his committee as per Mr.. Cainan's
motion to recess meeting
Beyond this We have never heard
from the public works committee;
their report of 18th, submitted to
council meeting of that date is the
only answer we have; hence we can
not help being surprised at this
method Of dealing with us.
As far as we know the difference
between US in dirt and dollars has
not faen ascerta,ned a&d certainly
we have never had the conference
with the committee as provided '1
Mr.. Caluan1 motion to recas-
The question now arises where
are We ate" Your board and c.tE
attorney cousrua tae laneua-e q.
section as requiring us to put
street. 90 "os-ahUzbed grade uaee
sa.. ,.ao. NEa ad N atncy
81 .6fy u-g To- differ pd el'ai
if was the clear iaau. Of the ola
board who granted this franchise taa.
the city wou.d have their streets to
grade when TRACTS were laid and the
coucludin4 Language would have OF
section 4. i. e., "eXcatt on such
atrc4ts,' etc, etc., is clear evidence
Of this. as the city thereby reserved
the right to require Us to lay as au-
th9r.z4d by them should they at time
of construction not find it convent
ent to have some Of Jheir streets al
"estabIished grade.
All our obligations (and they are
many) are clearly specified in the
franchise, there is no Obligation in
our opinion requiring us to bring
city streets to "estabished" grade.
If, however, your body differs with
us it is evident we cannot agree; We
are all. taxpayers and desire only
what is fair we have no desire for
strife and contention, Or to have the
city and ourselves involved in a law
suit as to the construction of sec
ton 4 which in such circumstances
would undoubtedly be decided on the
evidence as to the intent OF the
parties making the agreement, hence
we propose, without prejudice to oul
case. that the matter be settled by
| hearing and arbitration by ex-
Mayor Symons and his full board q
aldermen who were serving when this
franchise ordinance was passed, an(
who are qualified to deal with the
intent thereof
None of these gentlemen are in an!
way interested in our properties, an1
are in our opinion in every wa,
| qualified to settle this question il
a manner fair to all. We will b'
quite willing to abide the decision 0
the majority Of this former board a.
suggested by Mr.. Calnan to our MI
F'endig.
# this proposition fails 10 meet you
| views we shall be pleased to con
slider q counter-proposition l0okinj
| towards avoidance of litigation whicl
can only prove troublesome and ex
pensive to all concerned,
Yours very truly
City & Subj rban Railway Co.,
| ~ AZ 4