The Daily Missoulian., 1909-01-03
NOTICE OF SPECIAL ELECTION

of Montana, on Tuesday the 9Th da!
OF January, 1909, commencing with thu
hour Of o'clock a. m. and ending
with the hour of o'clock p, m, o.
said day for the following purposes
No. l-For the purpose of submitting
to the resident freeholders OF the cit.
Of Missoula whose names appear or
the tax roll of Missoufa county. Mon
tana, proceeding such election. the ap'
plication Of J. r. Wharton for 6
franchise FOR the construction, main
tenance and operation of an electric
street railway system in the city OF
Missoula, Missoula county, Montana
which franchise is to be In the words
and figures following. towit;-
Be 1t ordained by the city council OF
MissoulA-
Section /. That there Is hereby
granted as authorized by the resident
freeholders. whose names appeared on
the city or county tax roll, at an elec-
tton held for the purpose of authorize
ing the same, as provided by an act of
the legislative assembly, approved
March 8. 1903. to J. r. Whar-
ton, his executors, administrators
and assigns, the right to con-
struct. maintain and operate In the
city Of Missoula, Montana, street
railway, with sidetracks, switches and
turnouts. over, along and across the
streets of the city of Missoula, as
hereinafter provided, except along Uni
versity avenue but across said avenue,
and the question Of the right of the
grantee, his heirs, executors, admins
traitors or assigns, to build line along
said avenue shall be decided by ma
tority Of the abutting property
owners on said avenue, should the
grantee wish to build line thereon.
Section .. That the said grantee. his
executors, administrators or assigns
shall have the right upon. in and
across each and all Of said streets Of
the city of Missoula to run or propel
street cars for the purpose of carrying
passengers or freight, by means of
electricity or such other modern meth
cd. as may be approved from time
to time by the city council of the city
of Missoula, subject to the restrictions
herein contained.
Section s. That the tracks of the
said street railway shall be 80 laid In
upon the surface grades Of all streets
upon which the same may rum or upon
any surface grades or established
grades thereof that may be hereafter
established or fixed at the option and
in accordance with the direction Of the
city council OF the city Of Mlssoula, or
of Its duly authorized committee or rep
resentative: and the said city of Mis-
soula is not and shall not be required
by reason of this grant to grade or
otherwise improve any Of said streets
and the said grantee, his executors.
administrators and assigns, shall. upon
the completion Of said railway line in,
along and across said streets, leave
the same in good condition for
travel thereon, and remove therefrom
any obstruction placed therein or
thereon during the construction Of said
railway.
Section T. That the said railway
shall be laid with rails weighing not
less than thirty-six 1857 pounds per
yard. and the width between the rails
shall be four feet eight and one-half
inches a IT. sh ins.), and the space be-
tween the rails Of said railway
and for one foot on each side
thereof shall be kept in repair
by the said grantee in such
a way as to make the same passable
for teams and in good condition for
traffic to go over and along the same.
and in such way as to cause the
least possible obstruction to the cross
ing Of said railway by teams, vehicles
or conveyances, and the surface of said
streets within the said rails and along
the sides thereof shall be kept within
one-half (La) inch OF the top of the
rails of said railway. and the city
council shall have the power and au-
thority to direct the manner in which
the said road shall be kept in repair;
and whenever said streets or any of
them along and across which said rail-
way shall be extended. as herein pro-
vided, shall be ordered paved by the
city council at any point where said
railway Is constructed along or across
the said streets, said grantee Or his
executors. administrators or assigns.
shall at his own expense and in the
manner and at the time required by
the city council for other paving on
said streets. pave the space and spaces
between the said railway so laid along
the said streets and on the outside of
the said rails to the same extent that
the said track Is required to be kept In
repair, as hereinabove required, In ac-
cordance with and under the direction
of said city council. and shall keep
and maintain the pavements thus re-
quired by 1t to be laid, in good order
and condition and to the satisfaction
of the city council.
Section S. That the city of Mssoula
expressly reserves to itself (and to
persons, companies and corporations
having authority from the city to use
the streets thereof for the purposes
hereafter specified, and for all lawful
purposes not herein specifically stated,
the right upon notice given to take up
the tracks and move the rails Of said
railway within the limits of said city
for the purpose OF laying or repairing
water pipes, gas pipes, electric wires,
telephone or fire alarm wires. or sewer
pipes, or any purpose that may be
deemed necessary by the city council,
without any responsibility to or per-
mission from said grantee. his execu-
tors. administrators, or assigns, on ac-
count Of any damage to or interrupt
tion of the business Of the said rail-
way. provided. however, that such
work shall be done without any un-
necessary delay. and that whenever
the said rails or tracks are taken up