Show THE CITY held a special session last night D B dyer wants an amendment to the present street car franchise The case in the supreme court last night the city council beld a special cession for the purpose ot condid ering a from col D B dyer of augusta georgia regarding the street car system and franchise the only matter which came astore the council was the appointment of attorneys to represent the city in the pavin case of armstrong ve ogdon city which comes up shortly before the united states supreme court THE the city council wag called to order at all members present except pierce president in the chair the matter of appointment of attorneys lo 10 represent city in the ase of armstrong vs city cow on appeal before the united states supreme cault was referred to the commatee com mUtee of the whole mayor spencer then appeared and stated that the meeting of tbt council was called for the purpose of liete nine to a proposition from col D B dyer abe from mr dyer waa submitted in the ebare of ordinance and waa read by recorder anderaon And erEOn as follows AN ORDINANCE GRANTING A FRANCHISE TO D B DYER be it ordained by the mayor and city council of oden city section 1 that D B dyer his heire and are hereby granted abo right and privilege of using the streets and alleys of this city for the purpose of conveying electricity by mens of hires to be used for power for manufacturing heating lighting and other purposes to which electricity ie now or may hereafter and to bald lland its inhabitants with power heat and light for a period of 23 years and whereas it Is now the intention of paid D B dyer his baire beire add ass itna to operate en electric line of street railway in eaid ogden city and D B dyer and hie heirs and assigns are further given the power and privilege for the period hereinbefore stated of bacling upon eaid cars running upon paid line of railway freight baggage tied J U S mail section 2 that the said D B dyer his heirs aad assigns are hereby invested with the right and privilege of erecting and maintaining in the streets and alleys 0 city the necessary aole cross arms and wires and all necessary for the purpose of transmitting an electric current for the purpose mentioned in section 1 of the ordinance and in that connection the eaid D B dyer his baire beire and assigns ere authorized to use the pole now freckled and used by the ogden Elect cie railway company in addition to euch other polea aa are necee eary in the trails 1 mission ol 01 power aidun the streets of laid city for the purpose of stringing wire chereon and conveying electricity along tha for the purposes hereinbefore mentioned provided anat said D B dyer and assigns shall at all times bo responsible for all damages which may to either or properly by reabon el hemn graniel sections it shall be the duty of said D B dyer big heirs and ta begins work under this franchise for the purposes aforesaid within six months alter the passage and approval ot this ordinance section 4 the city council reserves the lequire eald D B dyer bis hens and assigns to conform to all ordinances din ances of the city now or berhalter be regulating the erection maintaining and repairs ot poles and ernes arms and the of wires for the conveyance 0 electricity throughout caid city and it further gervea the right to regulate rep the bacling ol 01 freight through the beets section 5 bif consideration that the eaid D B dyer his heirs or ant the street railway in proper con to perform the purposes aforesaid and furnishes the additional ad vantages above enumerated the city ct does or this consideration to pave between abb tracks of said railroad and two feet on eithe r eide of whenever it shall decide to pave any of he ot eaid city provided that said D B dyer heirs or assigns ahall upon notice from said city put its track proper condition to receive any charac ter ot material said city decide to upon eaid streets lor pavin ff r mr dyer waa then chanted the floor he submitted the article EO that alie asun cil and mayor might make ench alteration lor the protection 0 the city as they edw fit he further stated that he had met mr jarvis in new york and mr jarvie knowing ha waa a estreet railway man wanted him to buy it lie then came out to ogden and thoroughly inspected its resource rese and natu ral and was eatie fied that abo chiy had real and unbounded and he baw ileo that the road wa about the poorest 0 any city he bad ever seen the plant waa boing poing to rack every car and nicor was to pieced no repairs were P made and U wae only a matter 0 time uheiji ii would eo to alec he was fati that under the leeo of the rauch lae no man could 1 1 make the proposition pay lie wanted to extend the road he asked the right to carry freight the privilege inn power and licht wherever be saw fit they have the poles and wires and that would add to the re verue he found by the statute that all cities 0 the second clasa were compelled to demand that the street car companies pave between the tracks aud two feet on each eide he would not think of carrying any euch load the road put track in proper condition new rails ties etc he explained that the reasons or the provision that paving shoals be done by the street car companies was that when the old mule care wee running they baid t tear ap the ground and boake an wherever binga were made abie does cot in the case oi electric railways they do not tear up the tracks and make a rood pavement between their tracks with ballast with these words he aub bitted bis case jodes W asked if he was ber authorized by the jarvis conklin co or in any way as heir agent mr dyer eaid he was not an agent of 0 conklin co and he wag here only on hie own business jones asked it be expected the city to remit the charges for paving on twenty fifth street and back taxes or if be KM to assume such indebtedness mcdyer said be knew of debt edness and be would assume only such indebtedness as had ben shown to him jones continued stating that the city could not be expected to reimburse the company for its leases and he waa opposed to the proposition at least he received more light upon the subject taylor said it looked it the matter was in a very crude form the way it was presented to the council he did not doubt but that bome additions and amendments should be made in order to make it a railway worthy ot patronage he believed that whatever amendments could be made and yet coce erve the rights of the public should be made he favored the le ference of the communication to the committee on laws or the committee of the whole and at a little more iichi on the subject and perhaps make a few amendments chich would be of benefit both to the public and may be to col dyer on hr taylors motion the matter waa referred to the committee odthe whole jonee G W presented the following resolution be it resolved that committee 0 five a appointed by the president of and the major and a citizens committee 4 ten be appointed the mayor to with the council committee to visit omaha aad wait upon the officials 0 the areat union pacific railway system and urge upon them the import ance and necessity 0 esta bisbing their shops and assistant general offices in the silv of adopted unanimously the council then refolded ved into a 0 the whole with dr conroy in the chair the committee of the whole rose at 1030 pm and reported through ue chairman recommending whipple johnson be employed to represent the city before the U S supreme court in the case ol 01 vs ogden city Second That the amendment to the street railway franchise be referred refer to the committee on lane with city attorney added to report at next regular meeting leeport adopted aud council adjourned to meet next tuesday evening october who Is dyer the above question has olten been asked and the following is the answer col D B dyer esrom ga and baa beau in ogden for about ten days he is an old street railway man ia vice president of the american Ame street railway association president 0 the deorria railroad land co president ot the augusta street railway electric co which owns the railway systems aad two lighting plants and is a director in hansra city e a street railway |