The Oakley herald. [volume] (Oakley, Idaho) 1908-1961, 1912-02-09

menced on the said railroad with
III one year after the date OF tins
franchise, and at least ten miles
of the same shall be completed
and in operation within two
Years of the date of this fran
chise, or the rights therein grant
ed shall become null and void:
Provided, further. that moth
ing herein contained shall be con-
strued to prevent the said Albert
Ploeger, his heirs, executors,
administrators, or assigns from
extending the said road within
the said district. according to
the terms and conditions therein
contained, at any time they shall
see fit;
This franchise shall be in force
and effect from and after its pas
sage, and shall continue III full
force and effect tor period OF
fifty years from the date hereof
subject to the provisions herein
contained.
The SAID road shall be con-
structed so as to interfere as little
as possible with the public use OF
the said roads and highways tor
other purposes; and where the
existing roads or bridges are de-
stroyed or damaged, III the con-
struction thereof said Albert Ploe-
ger, his heirs, executors, admin
istrators, or assigns shall and
will repair, renew or replace the
same by new roads or bridges.
And shall in the construction
thereof provide proper and nee
essary crossings, culverts and
acquiducts Provided, however,
that nothing herein contained
shall be constr ued to permit the
said Albert Ploeger, his heirs, ex-
ecutors, administrators or as
signs to use the public roads or
highways, IN the said district, so
as to prevent the use of the same
by the public for other purposes.
This is not intended as an ex-
elusive franchise and it is hereby
Provided that should any other
interest or party begin the con-
struction of a railroad tack up
on any road or highway covered
by this franchise prior to the oc-
cupation OF any such road or
highway by Albert Ploeger, his
heirs, executors, administrators
and assigns. according to the
purposes of this franchise. then
such roads shall be exempted
from the operation OF this tram
chise: but to effect such exemp-
ton such other road shall be
actually constructed and regul-
arly operated by such other in
terest or party within two years
after the commencement OF such
construction.
Provided, further. that in case
the said Albert Ploecer. his heirs,
executors, administrators or as
signs shall build a railroad on
any road or highway hereafter to
be condemned by the Board Of
County Commissioners of said
Cassia County, then and in that
event, the said Albert Ploeger,
his heirs, executors. adminstra-
tors or assigns shall. at the time
of using the same, pay to the
SAID Cassia County, his proport-
ionate share of the cost of con-
demning saidipubfc road or high
way, and Provided, further, that
the said Albert Ploeger, his heirs,
executors, administrators and
assigns operate at least one train
each day on all roads construct
ed under this franchise.
Whereupon the Board takes
an adjournment until tomorrow
morning Jan. 80, at 9 o'clock.
Albion, Idaho, Jan. 80, 1912.
The Honorable Board met
again this morning as per ad
| lournment.
In the matter of the applicat-
ion OF the Albion-Marshheld rail
road Company for a franchise to
use the roads and highways of
Cassia County;
The application of the Albion
Marchheld railroad Company
Ltd. for a franchise, after having
been duly considered is hereby
granted by the Board of County
Commissioners ofCassia County
unanimously on the following
terms:
1t is hereby ordered that there
be and hereby is given to the
| Albion Marshfield Railroad Com.
panv, Ltd, its successors and
ASSIGNS the r1Oht to law CON.