Ann Arbor City Council Minutes, February 27, 1905

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Date: February 27, 1905

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COUNCIL P R O C E E D I N G S . 173 Council Chamber, Ann Arbor. Mich.. F e b . 27, 1905.

Special Session. Meeting called to o rder by P r e s . WP.IZ. Present--Aid. Gill, Douglas, Hutzel, Schlenker, Ke a r n s , Schumacher, Mar-key, Sherk, Goodyear, Robinson,

Fischer, Pr e s . Walz--12. Absent--Aid. Miller, Bangs, Coon.--

3. Th e Call. To t h e City Clerk, Ann Arbor, MichT, i g a n , Ross Granger, City Clerk,

Cear Si r : -- P l e a s e issue the usual call for a special mee ti ng of the Com- mon Council of said city to be held in th e council c h a m b e r on Monday,

Feb . 27th, 1905, at 7:30 p. m., for t h e puryose of receiving and t aki ng ac-

tion on co mmun ic at io n s from mot-o r me n on electric cars, and from t h e special coram tte e on fire protection. Also to t a k e care of w a t e r on South

St a t e street, to receive Adrian and Ann Arbor Elec tric Railway Com-

pany 's franchine, and to t a k e action on th e third re ad ing of Toledo and Detroit Railroad Company's franchise. Yours truly,

A R T H U R BROWN, Dated Feb. 27th, 1905. Mayor. By Aid. F i s c h e r : Resolved th at on and after March 6Eh. 1905. th e Ann Arbor division of t h e Detroit, Ypsilanti, Ann Arbor & J a c k s o n Ry. Co. s n a u place conduc-tors on their c a r s ru n n i n g within the

City of Ann Arbor. Resolved, further t h a t the City Clerk send a certified copy of this res-olution to the m a n a g e r of said com-

pany. Adopted as follows:

Yeas--Aid. Gill. Douglas, Hutzel, Kea r ns , Schumacher, Markey, Sherk, Goodyear, Robinson, Fischer, Pr e s. Waiz--11.

Nays--AM. Schlenker--1. Special Committeee Report on Fire

Protection. City Offices, Feb. 24, 1905. Special Committee on Fir e Protec-tion.

By Mr. Apfel-- Resolved t h a t th is c o mmi t te e rec- ommend to t h e Council t h e p ur ch as e of one combination chemical engine

and one hose wagon, for t h e sixth ward engine house, and one double tank chemical engine for the Central engine house. Also one aerial hook and ladder truck. Adopted. By Mr. Se?.bolt--

Resolved, t h a t forty-four more hy-d r a n t s be distributed about the city, under the supervision of th is commit-tee. Adopted.

RICHARD KEARNS, T, T. F. HUTZEL,

SID MILLARD, MOSES SEABOLT, . T, GEORGE A P F E L , Committee. T h a t p a r t of re co mmen da tio n rela-tive to h y d r a n t s la'd on t h e table. Aid. K e a r n s moved t h a t the City Clerk ad v e r ti s e for b 'd s on chemical engines and hook and ladder t r uc k a s per rec omme nd ati on of t h e fire pro- tection committee. Adopted. Resolution.

By Aid. Fischer-- Resolved t h a t the question of the

water on South St a t e s tr e e t a t t h e in-tersection of Edwin s t r e e t be referred to the City En g i n ee r and Stre et Com-missioner with full power to act and th at said work be done a t once. Adopted as follows:

Yeas--Aid. Gill, Douglas, Hutzel, Schlenker, K e a r n s , Schumacher, Markey, Sherk, Goodyear, Robinson, Fischer, P r e s . Walz--12.

Nays--None. Aid. Fisc her introduced an ordi- nance g ra n t i n g to th e Adrian and Ann Arbor Electric Ra iway t h e right to

construct, ma in ta in and op er at e a street ra Iway in and t hrou gh t h e City of Ann Arbor and defining t h e powers, privileges and re str ic tio ns of

the said railway company. Pa ssed to first re a d in g by following vo;e: Yeas--Aid. Gill, Douglas, Hutzel, Schlenker, Ke a r n s , Sch umac he r, Mar-key, Sherk, Goodyear, Robinson, Fischer, P r e s . Walz--1?.

174 COUNCIL PROCEKBINGS.

Nays--None. Head by title.

Aid. Fischer presented the Toledo, Ann Arbor and Detroit Railroad Co. ordinance, which was given its third reading, amended and passed as followo: AN ORDINANCE authorizing the To-

ledo, Ann Arbor & Detroit Rail-road Company to construct, main- tain and operate a street railway m and through the City of Ann Arbor, and defining the powers, privileges and restrictions of the said railroad company.

The Common Council of the City of Ann Arbor ordain:

Kection 1. That consent, permis-sion and authority be and is hereby given and granted to the Toledo. Ann Arbor & Detroit Railroad Com-

pany, a corporation organized and existing under the train or street railway laws of the State of Michi-gan, and to its successors and ass.gns, lo construct, maintain, use and operate for a period of thirty years Irom and alter the date of approval oi this ordinance a street railway, the motive power of which shall be compressed air, direct current sys- tem oi electricity, miltiphase or al-ternating current s ystem ' of electric- ity, storage batteries, or other mod-ern rai_id motive power, excepting steam, at the option of said grantees. With trom time to time, the neces-

sary switches, turnouts, poles, feed-ers, wires and other wires and ap- pliances to operate the same through the City of Ann Arbor, and towards, or to the City of Toledo, Ohio, upon and along the following streets in the City of Ann Arbor, namely: -- Commencing at a point on the west side of South State street, near the south corporation line of the City of Ann Arbor, north of the tracks of the Ann Arbor Railway

Company; thence north along the west side of South State street to Edwin street; thence to the center of South State street to Packard

street; with the right to make a proper connection with the D., Y.,

A. A. & J. Ry. Co. at the intersec-tion of Packard and State streets.

Provided that nothing herein con-tained shall give the grantees here- in any right to operate its said line of railway on Packard and Main streets over the tracks of the D., v.. A. A. & J. Ry. Co., except such

r.ghts as they may have acquired by contract with said D., Y., A. A. & J. Ry. Co. and provided further that nothing herein cantained shall g;ve said D., Y., A. A. & J. Ry. Co. any greater rights in said streets than it now possesses. Section 2. The said street rail- way shall be constructed and consist ot a standard guage track with, from time to time, all necessary switches, and turnouts, and, together with all of its cars, appliances and equip-ments, shall be constructed and

ma-nta.ned in the most approved modern manner and in all respects OI firscclass material, and so as to interfere and interrupt as little as

Lossiblo the ordinary traffic on and along the said streets and highways.

iL'iict.on 3. This g ant is made up-on the express condition that said proi osv3d street railway be construct-ed, buiit and in operation Irom Tolovio, Onio, to Ann Arbor. Michigan, within e ghteen months trom the CM o Ot this ordinance; in the event or a ta:lure so to complete said street rail^^ay, within the time above limited, then this ordinance shall be

n al! tl ings null and void.

In case a part of said railway is conoCructed and for good and suffic-

ient reasons, beyond the control of said company, the same cannot be fuJly completed and in operation as above provided, then it is agreed

that a reasonable extension shall be granled.

And this franchise Is granted up-on the further express condition that if the ciaid grantees, their heirs, suc-cessors * or assigns, shall sell, assign or consolidate, or attempt to sell, as-sign or consolidate the electric rail-

way to be constructed under this franchise, with any steam railway;

CouNcii^ P R O C E E D I N G S . 175 or if t h e said electric railway so to be constructed, or t h e stocks or

bonds thereof, shall be purchased, or o t h e r wi s e acquired, by any such steam railway, or by a director, or othe r principal officer, or othe r per-

son ac tin g on behalf of any such s t ea m iailway, this franchise shall from th e n ce be null and void.

And upon the f ur th er condition tliat the said g r a n t e e s , their suc-

cessors and assigns, an d t h e corpor-ation o pe r at i n g t h e s t r e et railway

under this franchise, shall sprinkle, wet down and lay t he dust on all t h a t part of every s tr e e t occupied by their tr ack s, or upon which their said c a r s run, by virtue of this fran-chise or under c ontrac t a r r a n g e m e n t

with any o t h e r company, and for a space or di stanc e of two feet on e ith er side of their said tracks, to the exrent and so t h a t the dust shall

be at all times well and sufficiently laid. .And the said Common Councii shall h ave power and authority at all times to ma ke such further

ruies, o rders, ordin ances or regula-t.ons, c on csr nin g the construction and operation of said s tre et railway and car s, as may, from time to time,

be deemed n ece ssar y to protect the in ter est s, safety and welfare of ;he i n h a b i t a n t s of th e said city, und to acc ommod at e th e public in its rela- tion to the said s tr e e t railway sys-tem. By Aid. Fischer--

Resolved t h a t Sec. 3 be amended by addin g "not to exceed 90 d a y s " af-

ter t h e words "shall be gran ted." (19th line.y

Adopter! a.-? fallows: Ye IS--Aid. GilL Douglns. Hutzel. Sr^'chlenker, Ke a rn s , Schumacher. Mar-key, Sherk, Goodyear, Robinson,

Fischer, Pre ?. Walz--12. Nays--None. By Aid. Eo'^glas-- Resolved t hat Sec. 3 be amended by

adding th e following: "And the said railroad company shall give a s a f s factory bond in the sum of ten thous-and dollars t h a t th e t e - ms of t h 's sec-

tion shall be fulfilled and thig ordi-

nance shall not become operative un-less such bond shall be given." Adopted as follows: Yeas--Aid. Gill, Douglas, Schlenker, K e i r n s , Schumacher, Markey, Sherk, Goodyear. Robinson, Fischer, Pr e s.

Walz--11.

Nays--Aid. H ut zel--1. By Aid. Markey--

Resolved t h a t Sec. 3 be further amended by a d d i n g : "Said Railroad Co. to suffer a penalty of $25 per day if spr nkling is not properly done." Lost as follows:

Yeas--Aid. Douglas, Ke a rn s , Schu-macher, Markey, Sherk, Goodyear--6.

Nays--Aid. Gill, Hutzel, Schlenker, Robinson, Fischer, P r e s . Walz--6. By Aid. K e ar n s --

Resolved t h a t Sec. 3 be a me n d e d by adding: "Th is franchise to be null

and void if provisions of this section i r e not compl ed with."

Lost as follows:

Yeas--Aid. Hutzel, Ke a r n s . Schu-macher^ Markey, Sherk, Goodyear--.6.

Kays--Aid. Gill, Douglas, Schlenk-er, Robinson, Fischer, P r e s . Walz--6.

Section 4.. The said g r a n t e e s , the r successors and assigns, and the corporation o pe r at i n g t h e s t r e et rail-way under this franchise shall hav e

the right, privilege, power and au-thority to carry pass eng ers , baggage, express. . United St at e s mail, light and r a c k a g e freight, and shall carry

pa s s e ng e r s-- th a t is to say, local pas-s e ng e rs me a ni n g th er e by all p ersons who ohall or may apply for cardagG and t r a n s p o r t a t i o n within cne rurp o ra te limits of the City ot" Ann Arbor over the said line of street railway, or any pa rt thereof, fjr one continuous p assage one way, for a

singi'e fare of five c e n t s ^;or such passenger.

The said gr an te es , their success-ors and assigns, shall coni.inuciusly keep on every car devoted to pas-senger service a supply of tickets for sale at and for th e price '^f twenty-five cents (25c) for six i/.ck-jts, c ue of which tick ets shall entitlo any lierson to one continuous ri-lo from I and to any part of the r-ity en and

176 tOUNCII. PwOCEKniNGS.

over said street railway, and rach and every person so paying sucii fare

or delivering any such i.ickyt shall on application be entitled to have and receive from the said grantees, their successors and assigns a trans* fer ticket, to the Detroit, Ypsilanti, Aim Arbor and Jackson Railway, or any other street railway that may hereafter be constructed within said city, w.thin two hours from the time of issue, shall entitle any such pas- senger to one continuous ride over said Detroit, Ypsilanti, Ann Arbor and Jackson Railway or any other street railway that may hereafter lie constructed within said city to any part of the city; and the said grantees, their successors and as-signs, shall receive and accept in

payment for single fares and contin-uous rides over the street railway constructed under this franchise within the corporate limits of the city, like transfer tickets issued and delivered by the Detroit, Ypsilanti, Ann Arbor and Jackson Railway, its successors and assigns, or other street railway hereafter constructed within said city and the said grantees shall make and maintain provision for the issue of such transler tickets by the Detroit, Ypsilanti, Ann Arbor and Jackson Railway, its

successors and assigns, or any other street railway that, may hereafter be constructed within said city, and shall carry and transport children

under age of five years, w h e i accom-panied by guardian or parent; and ; all the members of the Ann Arbor po- ; lice force, fire department force, al- j dermen and engineering force, when i on duty, free

'I'he prov s ons of this section shall I not apply to passengers or persons ' who begin a i d end their jo irney out-side of the I m i t s of the City of Ann Arhor, b'U shall be understood to ap-1 ly strictly to local passenger traf-

fic only, except that all persons who begin or end their joirnev within the corporate limits of the City of Ann Arbor, sh^ll be entitled to receive.

have and make use of S'lch transfer tickets.

By Aid. Fischer-- Resolved, that Sec. 4 be amended

by adding after the word city (38th line as printed) the following: "which on presentation to said De-troit, Ypsilanti, Ann Arbor and Jack- son Street Railway or any other such railway.'* Adopted a i fallows: Ye ^s--Aid. Gill, Douglas, Hutzel, :::chleaker, Kearns, Schumacher. Mar-key. Sherk, Goodyear, Robinson,

i-i Cher, Pres. Walz--12. Nay..--I^one.

Section 5. This grant is made up-on a further condition that all of the cars of s a i i street railway shall at all times be propelled by electric

power or such other rapid motive power, except steam, as the grantees shall, or may, from time to time, deem expedient. The said cars shall

be of modern type and shall at all times be properly lighted and comtortably heated, and be propelled at a rate of speed not exceeding twelve m:ies per hour.

The said railway company, its suc-cessors and assigns shall operate

cars over said line on a schedule of not less than one car per hour, but may operate its cars as much often-er as it may deem necessary.

In the paved, or hereafter to be paved portion of said street, the poles erected by the said grantees shall be of iron, all other poles may be of well shaped cedar and at all times ma ntained properly painted.

All the rails of the said rail way, laid in said streets, sb^ll be not less than 90 lb T or tram rail and the said grantees shall at all tin.~.s keep and maintain the .^pac ^ be-tween the ,rails and eighteen incaes on the outside of the rails fillel with fine crushed stone and packsd dov;n

Hush with the rails, subject to the approval of the Board of Public

Works, so that the travel on the streets will be as little obstru^tel as possible.

The tracks and other a p p l ' i i -ea shall be laid and constructed ii; a

careful and prudent manor ;i,nd Vy

COUNCIL PROCEEDINGS. 177 careful bonding and other appro/ed methods, provide against electroly-

sis of gas, water and other pipes laid beneath the surface of the street; and the grantees, their suc-cessors and assigns, shall be liable tor, and shall pay to any person, Mrm or corporation entitled thereto, any and all damage occasioned by electroloysis, coming from the said electric railway construction or oper-ation.

No cars shall be allowed to remain standing idle upon any street within the city limits, except by consent of the Common Council, nor shall any cars be permitted to stop on any crosswalk or any other street cross-

ing except in case of accident, or to take on or to discharge passengers, and then only without obstructing the crosswalks.

All cars taken over said railway shall be in charge of sober, prudent and experienced employees, and it shall be the duty of every person in

charge of any car, to keep a vigi-lant watch or lookout for all teams, persons on foot and especially chil-dren and all other obstructions, eith- er upon the tracks or moving to-wards it, and at first appearance of danger, the car shall be stopped in the shortest time and space possible and all the cars shall be provided with sufficient air brakes lor that

purpose.

The cars upon said railway shall be always entitled to the track ex-

cept as against the fire department, when on duty, and biildings being

moved under the direction of the Board of Public Works, and the driv- er of any vehicle obstructing the same shall tarn out and leave the

track free upon the approach of any car, as soon as possible, and so as not 10 impede the car; and any per-son who shall refuse so to do, after having been warned by the motor-man, or other person in charge of

the car by the r i n g n g of the car bell, or otherwise, shall upon con- viction thereof, before any court of competent jurisd ction^ be fined in

any sum not exceeding twenty-five ($25.) dollars and the cost of prose- cution, and the court upon the imposi-tion of any such fine shall have the

further power and authority, to sen-tence any such offender to confine- ment in the common county jail of the County of Washtenaw, until such

tine and cost shall be paid, not ex-ceeding thirty days.

By Aid. Fifcher-- Resolved, th.^t Sec. 5 be amended by striking out the words "In the leaved or hereafter to be paved por- tion of said strest," (20th and 21st lines) and "all other poles may be of well shaped cedar," (23d and 24th lines) and adding the words "shall

be" after the word "times" in 25th line, and the word "and" after the word maintained in same line. Adopted as follows:

Yeis--Aid. Gill, Douglas, Hutzel, Schlenker, Kenrns, Schumacher, Markey. Sherk, Goodyear, Robinson, Iri-cher, Prec. Walz--12.

Nays--None. By Aid. Fischer--

I h a t f^ec. 5 be further amended by adding alter the word "stone" (33d line) ' s i x inches of fine crushed stone and macadam well and sufliciently constructed and properly roll-ed" and in addition to section the

lollowing: "The sail grantees, their succssiors and assigns shall place a

12-inch coping or curb along State street irom the south side of the athletic field to Edwin street. Pro-vided the Common Coancil shall deem

it necessary." Adopted as follows:

Yeas--Aid. Gi.l, Douglas, Hutzel, Scljlenker, Kearrs , Schumacher, Markey, Sherk, Goodyear, Robinson, Fischer, Pres. W a l z ^ l 2 .

NavL--None.

Section 6. Whenever the Com-mon Council of the City of Ann Ar-

bor shall order any of the streets over which this franchise is granted^ to be paved, repaved, or otherwise improved, or any part or parts thereot, wherein the tracks of said street

178 COUNCIL PROCEEDINGS.

railway are laid, it shall be th e duty of the said grantees, their success-

ors and assigns, and they shall at their own cost and expense, grade,

pave, repave, or otherwise improve all of the parts of said streets which

lie between the outer rails of their said tracks, and one foot six inches distant therelrom on the outer side thereof, and also the space lying be- tween the main tracks or track, and all side tracks, and all other places

where there are side tracks, turn-outs, or switches with like kind of material other than street asphalt, at the same time and in the same

manner in which the other portions of s a d streets, or street, shall or

may be paved, repaved or otherwise improved.

If the said street railway shall be constructed in any street already paved, then said grantees shall pay to the City of Ann Arbor the cost of all material wl^ich the said grantees wojld be required to furnish to pave

any such street. If said grantees shall make use of - the high tension system for providing current, the wires shall be safely insulated and

subject to the approval of the Com-mon Council, the poles for its high

tension feeders shall be erected on some convenient street, which the Common Council shall designate, such designation to be made within

sixty days after notice, or the said grantees thall have the i ower and authority to select such convenient street or streets for them.

If fossible, said railway company will not locate a rotary station with- in the city limits in order to avoid stringing high pressure wires within the limits of said city. By Aid. Fischer--

Resolved, that Seo. 6 be amended by striking out all that part at end of section lollowing the word st-eet (in 19th line from close of section) and following be added: "Said gr3nt8e'3 shall not string wires with n sa'd city

carrying a current under an electric pressure ex ceedng 1000 volts.^' Adoptel as follows:

Yeas--Aid. Gill, Douglas, Hutzel, Schlenker, Kearns, Schumacher, Markey, Sherk, Goodyear, Robinson, l^ischer, Pres. Walz--12.

Nays--None. Section Vlt. The tracks of said railway shall be laid in the street at the points and on the lines desig- nated by the Common Council, and m tike event that the said Common Council shall, for any reason, fail to make such designation within sixty days alter receiving notice from the satd grantees so to do, then the same shall be laid in and along the center of said street. <<

i-ection VIII. The said grantees, their successors and assigns, oper- ating the street railway under this franchise shall, alter completing the construction of said street railway, restore the streets and all portions

thereof, occupied by said street rail-way and maintain the same in as g.od condition as the same were at the time such railway construction

shall comme.ice, and the said street railway shall be in a.l things con- structed and operated in such a man-ner CO as to interfere as little as may be with pubLc travel and traf-fic in and along the streets and av-

enues of the City of Ann Arbor. Section 9. The said grantees shall, within te.i days after the pas-sage of this ordinance, file with the City Clerk a written acceptance of the #3me and of all the terms and condit.ons theieof.

te^tion 10. Said Toleio, Ann Ar-bor ,t Detroit Ra Iroad Company

shall permit any other interjrban railway company or city ralway

seeking admission to Ann Arbor to use its tracks and switches lor the lollowing c<4mi:en#at on. viz.: said applying company or road to pay

one-half of the interest on' the bond-ed value of such tracks so used and one-half the expense of maintenance of such portion of the track so used. By Aid. Fischer--

Resolved, t t a t S e c f o i U be au^enc'-ed by adding the words: "On lh?

came terms a'~d crrnlitions with sa'd

>w

COUNCIL P R O C E E D I N G S . 179 g r a n t e e s and w.thDut any discrimina-tion ag a i ns t sa d other railway coml>any," after the word switches (6th line as p r i n t e d ) ; also t h e words "and of p ower" after t h e word m a i n t e n a n c e ( l l t h l i n ej .

A d o p t e i as fallows:

Yeas--Aid. Gill. Douglas, Hutzel, t'ciiJenker, K e a r n s , Schumacher, Markey, J^herk, Goo iy e ar , Robinson, t i s c h e r , Pr e ^ . Walz--12.

Nays--None. Section 11. Th e sa!d g r a n t e e s and th ei r as si gn s shall be liable for all d a ma g e s which t h e c!ty may sustain

by reason of any neg.igence on the part oi the g r an t e a s , the r a ge nt s, c o nt rac ors or sub-contractors in t h e construction of sa:d railroad and

shall held the city h a r ml e s s therein, including all costs and expense in- curred in defending any suit occas-ioned thereb.-, or which may a ri s e o u of or be b i s e j upon alleged neg-ligence. The Slid g- an t ee s and their

as si gn s shall file a bond belore do-ing any work in s a d city other t h a n survey ing in the penal sum of ten thousand dollars, conditioned to hold t h e city h a r m l e s s a s aforesaid. By Aid. F i - c h - - -

Resolved, t h a t Sec. 11 be amended by adding after word " d ol la rs " (17th 1 ne) "to be approved by t h e council" and at end of eection as now

p i i nt e d "And on failure to file such a c ce p t a nc e this ord inan ce shall be of no force or effect." Adopted a s follows:

Yeas--Aid. Gill, Douglas, Hutzel, Scti'enker, Ke a r n s , Schumacher, Markey, g he rk, Goodyear, Robinson Fi : c h e r , P r e s . Wrlz--12.

Nays--Ncne. Section 12. This ordinance shall t a k e effect and be in force from and

after t h e expiration of ten days from the legal publication thereof, and af-

ter filing with t h e City Clerk a writ-ten a c ce p t a nc e of t h e s ame a s abov e provided. Sect-on 13. All ord inan ces or

p a r t s of o r d i n a n c e s in cons iste nt with t h e p r o v i s o n s of this o rd in a nc e are, to t h e ex t en t of such inconsist-oncies, hereby repealed. By Aid. Fischer-- Resolved t h a t o rdin ance be amend- ed by s t r i k i n g out Sec. 13 a s now printed. Adopted a s follows: Yeas--Aid. Gill, Douglas, Hutzel, Schlenker, K e a r n s , Schu mach er, Mar-key, Sherk, Goodyear, Robinson, Fischer, P r e s . Walz--12. Nays--None.

By Aid. Robinfon-- Resolved, t h a t Sec. 13 be added to

read a s follows: "A failure on t h e p art of said g r a n t e e s , their successors and as si gn s to comply with any of t h e provisions of this o rd i na n ce for a period of th ir ty days, th e n th is ordi-nance shall become null and void. Adopted as follows: Yeas--Aid. Gill, Douglas, Hutzel,

S'chlenk.er, Sc humac her, Sherk, Good-year, Robinson, Fis che r, Pr e s . Walz--

10. Nays--Aid. K e a r n s and Markey--2

The chair th en put the qu est io n: "Shall this ordinance pass as amend e d ? " Adopted as follows:

Yeas--Aid. Giil. Douglas. Hutzel. fe'clilenker, K e a r n s . Sc humac her . Markey, Goodyear, Robinson, Fischer. P res . Wa'z--11.

Nays--i^Id. Sherk--1. On motion the council adjo'irned.

ROSS G R A N G I ^ : R . Clerk.