The Birmingham age-herald., 1911-11-18

| Dul liOl bSihS OiitieiSo eO transfer good for carriage west of tn westerly terminus of such limits.
 And, whereas, the city through ! ifs board of commissioners, has re-
 auested the company to extend the l Rve-cent fare limits on said North Bessemer line SO as to embrace all l stations between the terminus of said line in Birmingham and Mar
 tin Station, the fare to he payable either in cash by transfer, valid under the rules and regulations of the company, for the purpose when presented, and the passenger pay ing a cash fare of five cents being entitled to receive & transfer, good as now provided.
 Former Contract
 And. whereas, the company claims the right by contract with the city, bearing date the 20th day of Septem Der, A. D. 1900, to charge a fare of five cents per passenger for the carriage of passengers between Thomas station and Birmingham on its North Ensley line, and the right to charge like fare per passenger for the carriage of pas sengers between Fairview station and Birmingham on its South Ensley line, and also claims the right as common carrier of passengers for hire to charge an additional reasonable fare for the carriage of passengers between Thomas
 
 North Ensley line, and between Fair view Station and points west thereof on it's South Ensley line, and claims that five cents is a reasonable fare for such further carriage; and also claims that the fve-cent fare limits mentioned and now in effect on the North Besse- mer line have been established by saie contract between 1t and the city; and also claims that definite fve-cent fare other lines of the company by said contract between it and the city; but it is willing, nevertheless, to grant the several requests made by the city here nbefore mentioned upon condition that the company shall not be held thereby to waive or forfeit its rights under said contract with the city, to charge fare of five cents per passenger sub ject to the issuance and use of trans fers as provided by said contract and the rules and regulations of the com pany for the carriage of passengers within the fve-cent fare limits estab- lished by the company's contract with the city, except in so far as those limits are herein modified, and upon the fur ther condition that the right of the company to charge the fares mentioned Ensley line and the Tuxedo line and requested by the city to be installed, under the conditions mentioned, be es- tablished by valid contract with the city and that the extension of the five cent fare limits on the North Bessemer line under the conditions mentioned, as requested by the city, be established as the future f1ve-cent fare limits on said line by valid contract with the city; all to the same extent only, and under like interpretation, as if the several re- quests mentioned had been embodied in the contract between the city and the company of September 20, 1900, in con- nection with the provisions therein con l tained respecting five-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 cove nanted and agreed by the company with the city that it will on and after | the - day of -, A. D. 1912, com | ply with all and singular the requests l of the city hereinbefore mentioned on the condition respectively mentioned. l Use of Transfers
 | Ana, in consideration of the cove nants and agreements of the company with the city, to be by the company kept and performed, 1t is covenanted and agreed by the city with the com pany that the company shall not, by granting the requests mentioned, waive or forfeit it's right to charge . fare of $ cents per passenger, subject to the issuance and use of transfers as pro- vided by said contract and the rules and regulations of the company within the cent fare limits heretofore estab- lished as claimed by the company, cx- cept insofar as those limits are herein changed, and further, that the compan V shall have. and it is hereby granted the right on and after the. day 6,
 ............. A. D. 1912, to charge the fares mentioned and agreed to be es- tablished by the company on the North Ensley line and the South Ensley line and the Tuxedo line, and also the right
 on and after the date aforesaid, to es-
 tablish and maintain the extended {
 cent fare limits on the North Bessemel
 line, as herein agreed by the company
 to be extended. all In accordance witt
 and subject to the conditions mentioned
 in the requests of the city, to the sam,
 extent only, as if the foregoing matter
 had been embodied in the contract be
 tween the city and the company of Sep
 tember 20 1900, in connection with tn,
 provisions therein contained respecting
 , cent fare limits and transfers, tn, f true intent of the parties being t,
 amend said contract by mutual consent , so as to provide for the foregoing mat ters in connection with the provision , contained in said contract respectin, , 5 cent fare limits and transfers, an,
 with the same legal effect and inter
 pretations, as if the amendatory matte
 had been originally embodied in sal, : contract.