MATERIAL: Typed
TYPE: Documents (Loose)
DIMENSIONS: Document measures 14 x 8 1/2 inches  
CONDITION: On watermarked paper, and has a buff color outer cover, with document inside folded in four panels (three horizontal creases, that is still in good condition.) Document is attached by brass brackets, Page 1 is a loose 1/2 page, and appears to have been originally. It has split at crease on left side. Paper is yellowed from age and fragile, showing horizontal splits on the left side of the center fold.     Page 1 is mostly faded, and failed at two creases completely across. With effort, it can still be read. Page 2 lower panel completely failed at lower panel fold.
ITEM ID: 3811
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Tombstone, Arizona Territory: 1902 El Paso and Southwestern Railroad Ordinance No.70

DATE
Year: 1902
Decade: 1900s
Century: 20th (1901-2000)
Notes: Filed July 8, 1902

Signed by MAYOR A.H. Emanuel, Charles Bowman, City Attorney, and City Clerk W.M. Cavanagh.Of the 320 acres that made up Tombstone from 1881 to 1884 confirms that Tombstone had more than 5,300 residents, many of them Jewish.   Dr. Gustave W. Sichel, a dentist, set up practice in Tombstone in early 1882; A. H. Emanuel was the superintendent of the Watermill Mining Company; and Charles Feldman was listed as a miner, as were C. Gorin, Herman Lavin and the above-mentioned Mr. Steinthal. Lionel M. Jacobs, Harry Castle, Albert Springer and Mr. Solomon were all with the Cochise County Bank, which was owned by Lionel and his Tucson brother Barron Jacobs.  Mr. A. H. Emanuel came to Tombstone in 1880. Unlike many other Tombstone Jewish residents, he remained after the silver bust; he ran a blacksmith and wagon shop. He was elected mayor of Tombstone in 1896 and re-elected in 1898 and in 1900.Outer panel reads in handwritten fountain pen script:
“Resolution of the Mayor and Common Council of the City of Tombstone on relation to Right of Way of El Paso and Southwestern Railroad Company.”Added in darker fountain pen ink:
“Filed July 28, 1902 (signed) W.M. Cavanagh Clerk of Common Council City of Tombstone Ariz.”At top of panel inside on buff border, “Ordinance No 70″The said franchise and right-of-way shall include the right to construct and operate a telegraph line for the purposes of said railroad and shall also include the right and authorityu to construct, maintain and operate two tracks for a space thirty-two feet in width of the highway, (Page 2) street or road from a point where said right-of-way crossed the street marked on said Map “7th st.”, to a point on said Map where said right-of-way intersects the Southerly line of Block 12 (Twelve) on said Map near the street marked on said Map “13th st.”; and elsewhere within the line of said City said franchise and right-of-way shall include the right to construct, maintain and operate a single track for a space of sixteen feet in width of the highways, streets, roads, lands and premises shown on said Map through, in or over which said right-of-way passes. To HAVE AND TO HOLD, the said franchise, privilege, right-of-way, \lands and premises, with the appurtenances, to said El Paso and Southwestern Railroad Company, its successors and assigns, for the just and full term of ninety-nine years from the (handwritten( tenth day of August, A.D. 1902, subject however is the reversion of said right-of-way and said lands and premises to the said City of Tombstone, provided the same or any part thereof shall be abandoned by said Railroad Company, for railroad purposes, not withstanding the term herein demised shall not then have fully expired:BE IT FURTHER RESOLVED, by the Mayor and Common Council of the City of Tombstone, that the Mayor of the City of Tombstone be, and he hereby is, authorized, empowered and directed, to duly make, execute, acknowledge and deliver, to the El Paso and Southwestern Railroad Company a LEASE demising to said company, the successors or assigns, the franchise, right-of-way, lands, premises, and appurtenances herein described for the term and consideration, and upon the term here in above set forth; provided, that a draft of said instrument be first approved by the Common Council, and the proper order for signing said instrument be made in the premises:BE IT FURTHER RESOLVED, that upon the adoption of this Resolution the City Attorney and Clerk of the Common Council be, and they hereby are, authorized and directed to duly sign the same, and that thereafter the same be entered in full upon the Minutes of the Common Council, and that (faded) publication thereof be duly made.(handwritten) 
Passed and adapted by the Mayor and Common Council of the City of Tombstone, Arizona, this 28th day of July, A.D. 1902
(Signed)
W.M. Cavanagh, City Clerk
(Signed)
Charles Bowman, City AttorneyApproved July 28th, 1902
(Signed)
A.H. Emanuel, Mayor.