The Birmingham age-herald., 1911-11-12

common carrier of passengers for hire to charge an additional reasonable fare for the carriage of passengers between Thomas Station and points west thereof on It's North Ensley line, and between Fairview Station and points west thereof on it's South Ensley line. and claims that 5 cents is a reasonable fare for such further carriage; and also claims that the cent fare limits mentioned and now in effect on the North Bessemer line have been established by said contract between it and the city; and also claims that definite cent fare limits have been estab- lished on all. other lines of the company by said contract between it and the city; but is willing, nevertheless, to grant the several requests made by the city here inbefore mentioned upon condition that the company shall not be held thereby to waive or forfeit its rights, under its said contract with the city, to charge a fare of cents per passenger subject to the issuance and use of transfers, as provided by said contract and the rules and regu- lations of the company for the carriage of passengers within the cent fare linn it's established by the company's contract with the city, except insofar as those limits are herein modified and upon the further condition that the right of the company to charge the fares mentioned on the North Ensley line and the South Ensley line and the Tuxedo line and re- quested by the city to be installed, under the conditions mentioned. be established by valid contract with the city, and that the extension of the cent fare linn it's on the North Bessemer line under the conditions mentioned, as requested by the city, be established as the future 5 cent fare limits on said line by valid con- tract with the city: all to the same extent only, and under like interpretation, as if the several requests mentioned had been embodied in the contract between the city and the company of September 20, 1900, 1T connection with the provisions therein contained respecting 5 cent fare limits and transfers.
 And whereas, in consideration of the covenants and agreements of the city with the company, to be by the city kept and performed it is covenanted and agreed by the company with the city that it will on and after the - day of -, A. D. 1912, comply with all and singular the requests of the city hereinbefore men, toned on the conditions respectively men toned
 Use of Transfers
 And, in consideration of the covenants and agreements of the company with the city. to be by the company kept and per formed, it is coNenanted and agreed by the city with the company that the com pany shall not. by granting the requests mentioned, waive or forfeit its right to charge a fare of cents per passenger, subject to the issuance and use of trans fers as provided by said contract and the rules and regulations of the com pany, within the cent fare limits here tofore established as claimed by the com pany by contract between the city and the company, except insofar as those i'm it's are herein changed, and further. that the company shall have, and it is hereby granted, the right on and after the - day of ----, A. D., 1912, to charge sne fares mentioned and agreed to be estab- lished by the company on the North Ems ley line and the South F,nsley line and the Tuxedo line. and also the right on and after the date aforesaid, to estab- fish and maintain the extended 5 cent fare limits on the North Bessemer line, as herein agreed by the company to be extended all in accordance with and subject to the conditions mentioned in the requests of the city, to the same extent only, as if the foregoing matter had been embodied in the contract between the city and the company of September 20, 1900, in connection with the provisions therein contained respecting 5 cent fare limits and transfers, the true intent of the par ties being to amend said contract by mutual consent, so as to provide for the foregoing matters in connection with the provisions contained in said contract re- specting cent fare limits and transfers, and with the same legal effect and inter- pretation, as if the amendatory matter had been originally embodied in said con- tract.
 Ut is further understood and agreed be- tween the parties that the limits of travel on the North Ensley line and South Ems ley line and Tuxedo line for the Fares herein mentioned shall not be affected by any change in the termini of said lines, and that any change in the Birmingham terminus of the North Bessemer line shall not affect the 5 cent fare limits on said lines.
 Status Prior to Contract
 And it is further covenanted and agreed by the city with the company that, in the event it shall be hereafter determined by competent legal authority, that this con tract is for any reason invalid in whole or in part, the parties shall be remitted to their respective rights and status prior to the contract, and without prejudice to either party.
 m witness Whcreof the city of Bir- mlngham has caused this indenture to be executed in it's name and behalf by Gull pepper Fxum, the president of it's Board of Commissioners, his signature to be at tested and the corporate seal of said city to be affixed by ----. the clerk of said city; and the Birmingham Railway, Light and Power company has caused this indenture to be executed in it's name and behalf by A. H. Ford, its president, his signature to be attested and the cor porate seal of said company to be af- fixed by J. P. Ross. the secretary of said company: all being done in duplicate counterparts, both of which shall be treated and considered as originals.
 "CITY OF BIRMINGHAM,
 By -----, President of the Board of Commission
 CTS of the City of Birmingham.
 Attest: