Arizona republican., 1915-03-01

street and First street and also the greater part of the street paving ly- ing between the said company's tracks, tbat the same are in such d condition as to be q menace to the life and property of the citizens of Phoenix, or that said condition of said street crossings or street paving has existed for more than three months prior Q December l, 1914; and this manager in that behalf, says that prior to his induction into office as such man :.ser. the streets referred to were paved with bitulithic pavement, and that said railway company paved tha port covered by the tracks of it's rOa1 upon said streets and that portion of the streets on the outer rails of said tracks required to be paved by it, with the same material with which said streets were then paved. as it under which it operates, and that in the operation of the street cars over said tracks the jar thereof has caused said pavement next to said rails to raise from the position in which il was laid and said raised portions to be broken by the traffic over the same, leaving ruts and depressions in places alongside the rails This man. ager fudther says that there is no ordinance or provision of law which authorizes or empoWeres this man. i, ager to compel said railway company to repair said paving; nevertheless, ! this manager has repeatedly urged the said railway company to place said streets in repair. and has also called 1 ton commission thereto, requesting it to take action theron; and the said railway company has promised this manager to repair said pavement SC | broken. and has, in fact repaired I portion thereof, and promised to make further repairs.
 Answering the fourteenth preamble this manager denies that, by reason ol incompetent management or otherwise
 the cost of feeding stock at the city
 corral has been increased from thirty
 cents per head per day to fifty cent.
 per head per day, or has been increased at all: but on the contrary. says tha
 the cost of feeding stock in the sai' city corral since he took office ha
 been, and now is less than thirty cent,
 per head per day.
 Answering preamble NV, this man
 ager says that the so-called Whit
 Line" railway did make excavation, ol
 or about August 20, 1914, for the layinl
 of tracks in the city of Phoenix, with
 out giving any bond whatsoever 10 tn
 city of Phoenix, and admits that tn
 city of Phoenix was subsequently com
 pelled to refill excavations made by tn
 said White Line" railway upon Mon
 roe street and upon seventh street iron
 Monroe street to Van Buren street, an
 upon Van Bnren street from Sevent 1 street to Fourteenth street, at an ex
 pense to the city of about $212: bu
 denies that said excavation was don
 upon permission pranted to the sai
 White Line" railway by this manager
 and. says that said excavation was don
 and performed by the said Whit , Line company under a franchis , granted to the said company by tn , common council of the city of Phoe , nix passed and approved on the 9t } day of December. 1911, by ordinanc
 No. 492 of the city of Phoenix, an
 which said ordinance was extended a
 various times by the common counc } of the city of Phoenix by ordinance Nos. 55l, 549 and 567, and that by tn , terms of said franchise the said Whit Line company was authorized an l permitted to construct, maintain an $ operate an electric street railway, wit z necessary switches. .-turn- outs, pole wires and electrical apparatus an equipment, upon along and over tn
 streets aforesaid, together with othe
 streets in said franchise set forth. An this manager further says that ther p was no provision of the charter and n
 ordinance of the city of Phoenix whic , authorized or empowered this manage 9 to demand or require a bond of the sai White Line" company, for any pun l pose, until the 12th day of Septembe : 1914, and after said excavation wa 1 made. at which time the commissio g adopted, at the request of this manage