three persons so appointed shall fix and determine the compensation either in gross or payable in installments as may in their opinion be just and proper for the use of said tracks and roadbeds, due reference being had always in fixing the same to the amount and character of the use to be made thereof; and in case of failure or either of the said persons or corporations to appoint a suitable person within said time the mayor of the city of Milwaukee shall appoint a suitable person to act for and in behalf of the person or corporation failing to so nominate and appoint an arbitrator and the compensation as fixed and determined for the use of said tracks and roadbeds by such arbitrators or a majority of them, shall be final and conclusive. The award of the arbitrators shall describe the character and amount of the use to be made as well as the compensation therefor and shall be filed with the city clerk and be preserved by him in his office. Such compensation shall be subject to revision from time to time, on similar application made by either party if the character or the extent of such joint use of the roadbed becomes materially changed or affected; and in such case it may be revised either by agreement or arbitration as hereinbefore provvided.

Section 6. This ordinance shall take effect from and after its passage and publication.

Passed January 4, 1888.

AN ORDINANCE

To authorize the Milwaukee City Railway Company to extend its tracks.

The mayor and common council of the city of Milwaukee, do ordain as follows:

Section 1. The Milwaukee City Railway Company is hereby authorized to extend its railway by a double track with all necessary switches and turn tables in and along the following streets in the city of Milwaukee, to-wit: Commencing at the intersection of Eighth and Wright streets with the right to connect with its present tracks on Eighth street, thence northerly on Eighth street to its intersection. with Burleigh street; also commencing at the intersection of Eighth and Chambers streets with the right to connect

Eighth and Chambers streets.

Joint use of tracks.

on Eighth street; thence easterly on Chambers street from the intersection of Eighth and Chambers streets to its present track on Third street, with the right to connect with its present track on Third street; provided, however, that that portion of the track authorized to be laid on Chambers street from Eighth street to the east line of Sixth street shall be a single track and laid on the north side of said Chambers street for and during the term commencing from the passage and publication of this ordinance and ending July 1, 1924.

Section 2. The track hereby authorized shall be built and operated on or before the fifteenth day of June, 1888, provided, that, if the company be delayed in the work by the tearing up of any portion of the streets hereinbefore mentioned by work authorized by the city of Milwaukee, the time of such delay shall be added to the time to which the said company is herein limited.

Section 3. The city of Milwaukee reserves the right to grant to any other person, persons or corporation the right to use such track and roadbed on said part of Chambers street mentioned in section one of this ordinance; provided, that before using the same or any portion thereof, or such portions of said tracks or roadbed upon or over which the said city of Milwaukee shall have granted a franchise to any person or corporation, such person or corporation shall pay or secure to be paid to the said Milwaukee City Railway Company a just and adequate compensation for the use of said tracks or roadbeds, to be agreed upon between them, and in case of their failure to agree upon the same within thirty days after written application by such person or corporation, to the Milwaukee City Railway Company for the privilege of running cars over the last-named company's tracks, a copy of which application shall be filed with the city clerk of the city of Milwaukee at the time when made, then such compensation shall be determined by arbitration, and the city of Milwaukee shall name and appoint one person and the Milwaukee City Railway Company shall name and appoint another person, and the said person, persons or corporations to which such franchise shall have been granted shall name and appoint a third person, and the three persons so appointed shall fix and determine the compensation, either in gross or payable in installments, as may in their opinion be just

and proper, for the use of said tracks and roadbeds, due reference being had always in fixing the same to the amount and character of the use to be made thereof, and in case of a failure of either of said persons or corporations to appoint a suitable person within said time, the mayor of the city of Milwaukee shall appoint a suitable person to act for and on behalf of the person or corporation failing to so nominate and appoint an arbitrator, and the compensation as fixed and determined for the use of said tracks and roadbeds by such arbitrators or a majority of them, shall be final and conclusive. The award of the arbitrators shall describe the character and the amount of the use to be made, as well as the compensation therefor, and shall be filed with the city clerk, and be preserved by him in his office; such compensation shall be subject to revision from time to time on similar application made by either party, if the character or the extent of the joint use of the roadbed becomes materially changed or affected, and in such case it may be revised either by agreement or arbitration as before provided.

Section 4. The tracks of said railway' shall be of a gauge of four feet eight and one-half inches, and shall not be elevated above the surface of the street, and shall be laid with modern improved rails in such a manner that carriages and other vehicles can easily and properly cross said streets, and as near together as practicable. The said corporation, its successors and assigns, shall keep in good and thorough repair, at its own cost and charge, so much of all the streets upon which said railway may be operated as lies between the two outside rails and one foot therefrom toward the curb lines of the same material of which the street may be composed at the time when any such repairs shall become necessary-the necessity of such repairs to be determined by the board of public works, and the said repairs shall be made within twenty-four hours after notice to do such work has been given by the board of public works; the said Milwaukee City Railway Company failing to do such work within the prescribed time of twenty-four hours, then said board of public works is hereby authorized and directed to cause such repairs to be made at the expense of said railway company and shall save harmless the said city from any loss or damage which it may incur or become liable for by reason of the malfeasance or non-feasance of said grantee, its successors or

assigns, in respect to the duties in this ordinance imposed upon it.

Section 5. The city of Milwaukee reserves the right to alter and amend this ordinance and to regulate the time of running of and the rate of speed at which cars shall be run on the tracks hereinbefore authorized to be laid and operated.

Section 6. This ordinance shall take effect and be in force from and after its passage and publication.

Passed March 30, 1888.

Operation by electricity.

109-AN ORDINANCE

Granting certain rights to the Milwaukee City Railroad Company, to the Cream City Railroad Company and to the West Side Railroad Company respectively, and amending the respective ordinances granting them certain rights in the city of Milwaukee.

The mayor and common council of the city of Milwaukee, do ordain as follows:

Section 1. The Milwaukee City Railroad Company, its successors and assigns, is hereby authorized to operate its street railway cars by means of power produced by electricity conducted upon wires suspended over and above its tracks and along the streets where it is now authorized to maintain a street railroad, or upon which it may be hereafter authorized to maintain a street railroad; and the said Milwaukee City Railroad Company is hereby authorized to erect and maintain the necessary plant, machinery and power house for the purpose of generating such electric power, and is also authorized to erect and maintain in and along the public streets of the city of Milwaukee and under the Milwaukee river, or any other river in said city, the necessary poles, wires, cables and fixtures for the purpose of conducting and applying the power to be used as aforesaid, subject to the restrictions hereinafter contained.

Section 2. The West Side Railroad Company, its successors and assigns, is hereby authorized to operate its street railway cars by means of power produced by electricity conducted upon wires suspended over and above

its tracks and along the streets where it is now authorized to maintain a street railroad, or upon which it may be hereafter authorized to maintain a street railroad; and the said West Side Railroad Company, its successors and assigns, is hereby authorized to erect and maintain the necessary plant, machinery and power houses for the purpose of generating such electric power, and is also authorized to erect and maintain in and along the public streets of the city of Milwaukee and under the Milwaukee river, or any other river in this city, the necessary poles, wires, cables and fixtures for the purpose of conducting and applying the power to be used as aforesaid, subject to the restrictions hereinafter contained.

Section 3. The Cream City Railroad Company, its successors and assigns, is hereby authorized to operate its street railway cars by means of power produced by electricity conducted upon wire suspended over and above its tracks, and along the streets where it is now authorized to maintain a street railway, or upon which it may be hereafter authorized to maintain a street railroad; and the said Cream City Railroad Company is hereby authorized to erect and maintain the necessary plant, machinery and power houses for the purpose of generating such electric power; and is also authorized to erect and maintain in and along the public streets of the city of Milwaukee and under the Milwaukee river, or any other river in said city, the necessary poles, wires, cables and fixtures for the purpose of conducting and applying the power to be used as aforesaid, subject to the restrictions hereinafter contained.

Section 4. All poles erected by any such street railway company to carry the wires of such electric railway shall be constructed of iron in a neat, ornamental manner, and shall always be kept neatly painted by the respective street railway company erecting the same, and all such poles shall be set inside the curb line and shall not be set at a less distance than one pole in every 125 feet, except at the intersection of streets, and the wires to be strung thereon shall be not less than 18 feet above the surface of the street. Should any street railway company aforesaid use, in connection with said system any supplemental or feeder wires, such supplemental or feeder wires shall be laid underground, and all wires used to conduct electric current for the purpose aforesaid shall be constructed with a