EXHIBIT V.

CHARTER MANILA STREET RAILWAY.

[Ordinance No. 44.]

AN ORDINANCE granting to Charles M. Swift a franchise to construct an electric street railway on the streets of Manila and its suburbs, and a franchise to construct, maintain, and operate an electric light, heat, and power system in the city of Manila and its suburbs.

Whereas by act numbered four hundred and eighty-four of the Philippine Commission, enacted October twentieth, nineteen hundred and two, authority was given to the municipal board of the city of Manila, with the consent of the advisory board and the approval of the Philippine Commission, to grant to the most favorable bidder as therein provided, a franchise to construct and maintain in the streets of Manila and its suburbs an electric street railway, and a franchise to construct, maintain, and operate an electric light, heat, and power system in the city of Manila and its suburbs; and

Whereas immediately after the passage of said act, the' municipal board caused to be filed with the Bureau of Insular Affairs of the War Department and in the office of the municipal board of the city of Manila the text of said law, together with a copy of the map of the city showing the projected routes, and made due advertisement as provided in said act, that the franchise mentioned therein would be granted upon competitive bidding and that bids for compliance with the terms and conditions of the franchises, in the form of an obligation or contract to accept the franchises and comply with all their terms and conditions, would be received at any time before the fifth day of March, nineteen hundred and three, at the office of the munici pal board of Manila as provided in said act; and

Whereas on the fifth day of March, nineteen hundred and three, the municipal board met for the purpose of opening the bids that had been received as provided in said act, and it was found that the only bid that had been received was that of Charles M. Swift, which is in words and terms, as follows:

"To the MUNICIPAL BOARD OF THE CITY OF MANILA.

"JANUARY 12, 1903.

"GENTLEMEN: I beg leave to submit the following bid for a franchise to construct an electric street railway on the streets of Manila and its suburbs, and a franchise to construct, maintain, and operate an electric light, heat, and power system in the city of Manila and its suburbs, proposed to be granted by you after competitive bidding under and in accordance with an act of the Philippine Commission enacted October 20, 1902, and entitled 'An act providing for the granting of a franchise to construct an electric street railway on the streets of Manila and its suburbs, and a franchise to construct, maintain, and operate an electric light, heat, and power system in the city of Manila and its suburbs after competitive bidding,' on the following terms: "I agree that if the franchise is awarded to me I will comply with all the terms and conditions of the franchise, set forth in said act: Provided—

"1. That the duration of the franchise shall be fifty years.

"2. That the fares to be charged on the street railway shall be as follows: Single fares, first-class cars, six cents; second-class cars, five cents. First-class ticket fares to be sold under paragraph seventeen, at the rate of one hundred for five dollars and fifty cents, and second-class ticket fares at the rate of six tickets for twenty-four

cents.

"3. The percentage of gross receipts to be paid to be two and a half per cent of the fares collected and tickets sold on the street railway, and two and a half per cent of the gross earnings of the electric light, heat, and power plant.

"It is of course understood if my bid is accepted I will cause to be formed a corporation as provided in the act to whom the franchise will be transferred.

“Very truly, yours,

and Whereas, the said Charles M. Swift had theretofore deposited with the treasurer of the Philipine Archipelago a certified check for seventy-five thousand dollars in money of the United States, payable to the treasurer of the Philipine Archipelago, as an evidence of good faith; and

Whereas by resolution of March sixth, nineteen hundred and three, the advisory board of the city of Manila duly consented to, and approved of, the acceptance of the bid of said Charles M. Swift as set forth above and the granting of said franchises to him; and

Whereas the municipal board of the city of Manila, by resolution of March seventh, nineteen hundred and three, duly accepted the said bid of Charles M. Swift and awarded to him the privileges contained in said franchises in accordance with said act numbered four hundred and eighty-four and with the terms of the bid set forth above; and

Whereas the Philippine Commission, at a meeting held on March ninth, nineteen hundred and three, duly approved the action of the municipal board in accepting the bid of Charles M. Swift and awarding to him the franchises as provided by act numbered four hundred and eighty-four amended to include the terms of his bid, with the proviso that said approval should not become operative unless the additional one hundred thousand dollars in money of the United States, in accordance with paragraph twenty-two of part one of section two, with paragraph eleven of part two of section two, and with section four of act numbered four hundred and eightyfour, should be deposited with the insular treasurer and a duplicate of his receipt for the same furnished to the municipal board of Manila within three days from the date of said resolution; and

Whereas on March ninth, nineteen hundred and three, the said Charles M. Swift deposited with the treasurer of the Philippine Archipelago a certified check for one hundred thousand dollars in money of the United States, payable to the treasurer of the Philippine Archipelago, and furnished to the municipal board of Manila a duplicate of his receipt for the same, said sum, together with the sum of seventy-five thousand dollars theretofore deposited by him in connection with his bid, to be retained and applied as provided in said act numbered four hundred and eight-four: Now, therefore,

Be it ordained by the municipal board of the city of Manila, that:

SECTION 1. A franchise is hereby granted to Charles M. Swift, for the period of fifty years, to construct, maintain, and operate an electric street railroad in the city of Manila and its suburbs, over the streets, thoroughfares, bridges, and public places set forth in part one hereof; and to construct, maintain, and operate an electric light, heat, and power system for the purpose of generating and distributing for sale light, heat, and power throughout the city of Manila and its suburbs; all in accordance with the terms and conditions set forth in the two parts hereof, respectively (the terms and conditions in part one applying only to the franchise therein referred to, and the terms and conditions in part two applying only to the franchise therein referred to), and the laws and ordinances, not inconsistent herewith, now or hereafter in force.

"PART ONE.

"PARAGRAPH 1. The grantee shall have the right and privilege, and is hereby authorized, subject to the laws and ordinances now or hereafter in force, not inconsistent herewith, to make all needful excavations and constructions in or upon any of the streets, thoroughfares, bridges, and public places designated in the next succeeding paragraph for the purpose of placing, removing, and repairing tracks, sidings, curves, switches, and connections, and erecting poles, wires, and other overhead structures for the maintenance and operation of an electric street railroad, and for the generation, conduction, and distribution of electric current for said street railroad and for building, maintaining, and operating power houses therefor.

"PAR. 2. The streets, thoroughfares, bridges, and public places upon which the grantee is authorized to make such excavations and constructions are the following: "(a) Commencing at the southerly end of the Bridge of Spain, to and along Calzada de Magallanes, across the Plaza de Martires (Plaza de España), to Calle Santo Tomas, thence to Calle Cabildo, thence to Calle Fundición, thence to Calle Palacio, thence through the wall and across the moat to Paseo de Vidal, thence along Paseo

de Bagumbayan to Calle San Luis, thence along Calle Real to Calle Cabañas, thence over the Bridge of San Antonio, and to the Pasay race track.

"(b) From the easterly end of Calle Aduana to Calle Palacio, thence to Calle de Fundición.

"(c) From the southerly end of the Bridge of Spain to Paseo de Vidal, along said paseo to its junction with Calzada de Nozaleda, along said calzada to its junction with Calzada de San Marcelino.

"(d) From the junction of Calzada de Vidal and Calle Concepción to Calzada de San Marcelino, along the latter calzada to its junction with Calle de Nozaleda, thence to Calle Real (Paco), and along said street to Santa Ana.

"(e) From the southerly end of the Bridge of Spain to the Bridge of Santa Cruz, across the Bridge of Santa Cruz through Plaza Goiti to Calle Echague, thence to Calle San Miguel, thence to Calle General Solano, thence to Calzada de Aviles, and along Calzada Santa Mesa to Santa Mesa.

"(ƒ) From Plaza Goiti to Plaza Santa Cruz, thence to Calle Enrile, thence to Calle Lacoste, thence to Calle Carballo, thence to Calle Nueva, to and across the Bridge of Spain.

"(g) From the intersection of Calle San Jacinto and the Escolta along Calle San Jacinto to Calle Sacristía, thence across the Bridge of Binondo to Calle San Fernando, thence to Calle Madrid, thence to Calle Aceyteros, thence to Calle de Sagunto, thence to Paseo de Azcárraga, thence to Calle General Izquierdo, thence to Calle San Bernaldo, thence to Calle Paz, thence to Calle Bilibid, thence to Calzada de Iris to Plaza Santa Ana, thence along Calle Alix to the Rotunda de Sampaloc.

"(h) From the intersection of Paseo de Azcárraga and Calle Ylaya along the latter street around Plaza Leon XIII, to and along Calle de Sande to the Reina Bridge. "(i) From the intersection of Paseo de Azcárraga, along Calle de Reina Regente, across the Bridge of Maura to the intersection of the line on Calle Sacristía.

"(j) From the intersection of Calle San Bernaldo (Calle Paz) and Calle Arranque to the intersection of Calle Arranque and Calle Lacoste.

"(k) From the intersection of Calle de Bilibid and Calle Cervantes, along said Calle Cervantes to the San Lázaro race track.

"(7) From the northerly end of the bridge of Spain along the Escolta, across the bridge over the Sibacon Estero to Plaza Santa Cruz.

'PAR. 3. The grantee shall have the right to lay double tracks upon each of the streets, thoroughfares, bridges, and public places mentioned in the last preceding paragraph, except the following, upon which, except with the express consent of the municipal board to the laying of a double track, only single tracks shall be laid;

"Calle Enrile, Calle Lacoste, Calle Carballo, Calle Sacristía, where these streets are less than twenty-four feet wide between curb lines; also Calle San Jacinto, Calle Nueva (Binondo), Calle de Cabañas; also Calle Cabildo, Calle Santo Tomas, Calle de Fundición, Calle Palacio, Calle Aduana, these last four being the streets within the Walled City: Provided, That the grantee shall have the privilege, under the direction of the municipal board, of placing upon all of the foregoing streets the necessary turn-outs, switches, and sidings: And provided further, That in all streets, thoroughfares, bridges, and public places the tracks, rails, and other constructions of the grantee shall be so laid and located as to leave a clear driveway between the tracks and the curb line on at least one side of such tracks where the width of the street between the curbs makes it physically possible.

"PAR. 4. The system of electric railroad to be installed hereunder by the grantee shall be the overhead trolley system,' but the grantee shall have the right and privilege to modify, improve, and change such system in such manner as the progress of science and improvements in and the development of motive power may make reasonable and proper; and at any time after twenty-five years from the date hereof the grantee may be required, by ordinance or law, to remove all of its overhead wires and other structures, if reasonably practicable, and to substitute therefor underground wires, or other approved conductor or motive power.

"PAR. 5. Standard T-rails of at least sixty pounds weight per yard may be used, and where used shall be laid and maintained true to the finished grade of the street or place, so that the grade of the street or place and the top of the rails shall present an unbroken surface, excepting that on the innner side of the rails of each track not more than sufficient space shall be left to allow the free passage of the car-wheel flanges: Provided, however, That at least two miles of such tracks shall be laid with grooved rails of the most approved pattern, weighing not less than seventy pounds per yard, the municipal board to specify the streets or parts of streets where such grooved rails shall be laid: And provided further, That whenever in the future the municipal board shall pave streets or places in which the T-rail is laid with blocks of stone, wood, or other material the grantee agrees to substitute for the T-rail in such

streets, parts of streets, or places, the grooved rail above described, if required to do so by the municipal board.

'PAR. 6. The gauge of all tracks laid or maintained hereunder shall be four feet eight and one-half inches.

"PAR. 7. The grantee shall in all cases lay and maintain its track so as to conform to the grades of the streets, thoroughfares, bridges, and public places along or across which said tracks may be constructed, and whenever such grades shall hereafter be established or altered by the municipal authorities of the city of Manila the grantee shall immediately relay and maintain its tracks to such established grades at its own expense: Provided, That if any grade at which any such track is now laid is altered by the said municipal authorities within seven years from the date hereof, the city of Manila shall not only furnish the material to enable the grantee to conform the bed of its tracks to the altered grade, but shall also furnish the material necessary to reconstruct the cement substructure of the track of the grantee at the new grade: And provided further, That whenever the grade at which any such track is laid is altered by the said municipal authorities after more than seven years from the date hereof, the city of Manila shall furnish the material to enable the grantee to conform the bed of its tracks to the altered grade less the cement substructure of the track.

"PAR. 8. The tracks, wires, and other constructions of the grantee shall be supported by and cross all bridges in the manner directed by the municipal authorities. "PAR. 9. The grantee shall pave and keep in good and permanent repair the surface of the street between its rails and between its tracks and for eighteen inches on each side of its tracks under the supervision of the municipal authorities and in such manner as they shall prescribe: Provided, That if the municipality shall order a change of the kind of pavement with which any street or place over which the line of the grantee runs is paved the materials necessary to enable the grantee to change the pavement of so much of the surface of the street as it is hereunder required to keep in good and permanent repair in order to conform to the change ordered by the municipal authorities shall be furnished by the municipal authorities to the grantee. "PAR. 10. The poles erected by the grantee for the operation of its railroad shall be of such height and shall be so located and painted as the municipal authorities shall direct. The poles shall not be of such crooked or ungainly appearance as to disfigure

the streets.

"PAR. 11. The trolley wires of the grantee may be suspended by span wires or brackets, shall have double insulation, and shall be strung at such heights above the ground as the municipal authorities shall direct. Feeder wires shall be of the insulated type known as 'triple braid weather proof,' and no overhead wire or conductor shall carry a potential greater than five hundred and fifty volts.

"PAR. 12. The grantee shall at all times keep its tracks, rolling stock, and other constructions in good condition. Two classes of cars shall be run, and at least sixty per cent of the cars run shall be second-class cars. The grantee hereof shall at all times furnish cars of both classes sufficient to satisfy the public demand and carry comfortably all the members of the public desiring to ride thereon: Provided, That after one year of operation the municipal board shall have the power, with the concurrence of the grantee of this franchise, to amend this paragraph so as to require that only one class of cars shall be run, upon which the lower rate of fare shall be charged.

"PAR. 13. Every motor car run by the grantee shall be equipped with a fender of a type to be approved by the municipal authorities.

"PAR. 14. The maximum rate of speed at which the grantee may operate its cars shall be fixed by the municipal authorities.

"PAR. 15. The fare charged by the grantee shall not exceed six cents in money of the United States on a first-class car, or five cents in money of the United States on a second-class car, for one continuous ride from one point to another on the railway system of the grantee within the city limits as now or hereafter established, whether it be necessary to transfer the passenger from one car or line of the grantee to another during said ride or not: Provided always, That where a change of cars is necessary there shall be established by the grantee a method of transfers not unreasonably burdensome in its restrictions to the transferred passengers; and in case of a failure to comply with the foregoing requirement as to transfers it may be enforced upon application of the municipal board by mandamus to the proper court of first instance or the supreme court: And provided further, That on lines running outside of the city limits an additional fare or fares may be charged at the rate of five cents in money of the United States on first-class cars, or three cents in money of the United States on second-class cars, for each two miles or fraction thereof beyond the then city limits: And provided further, That the grantee shall for four years from the date hereof accept local currency in

lieu of money of the United States in payment for any ride or fare at the ratio of two cents local currency for one cent in money of the United States, until such time as there shall be established for these islands a gold standard coinage and money thereunder shall be made legal tender, after which time the fares to be charged shall be the equivalent of those stated above in money of the United States: And provided further, That pending the adoption of the gold standard, if the official ratio existing between the money of the United States and local currency shall exceed two dollars and forty cents of local currency for one dollar of money of the United States, then and in that case, the grantee may require from the passengers the payment for fares of sufficient local currency to be the equivalent of the fares above fixed in money of the United States at the official ratio: And provided further, That at any time after twenty-five years from the date hereof, upon due notice from the city of Manila to the grantee, the fares charged by the grantee may be readjusted on a reasonable basis by three arbitrators, one to be chosen by the city, one by the grantee, and the third to be selected by the two so chosen if they can agree, but if not, then to be selected by the chief executive of the islands. The award of the majority of such arbitrators shall be final.

"PAR. 16. Members of the police and fire departments of the city of Manila wearing official badges shall be entitled to ride free upon the cars of the grantee, subject to such reasonable and proper restrictions as may be imposed. The fares charged children under seven years of age and children under sixteen years of age going to and from school shall not exceed half the ordinary rates of fare. Children in arms shall ride free. The grantee shall have the power to establish reasonable regulations for identifying those children going to and from school.

"PAR. 17. Until such time as the fares herein fixed shall be readjusted the grantee shall place on convenient sale lots of one hundred tickets at the rate of five dollars and fifty cents in money of the United States per one hundred, each of which shall be good for one first-class continuous ride on the cars of the grantee within the limits of the city of Manila; and lots of six tickets at the rate of twenty-four cents in money of the United States per six, each of which shall be good for one second-class continuous ride on the cars of the grantee within the city limits: Provided, That the grantee may issue such tickets subject to such reasonable restrictions as to the grantee may seem proper.

"PAR. 18. In compliance with the franchise held by the Compañía de los Tranvias de Filipinas, the grantee herein shall pay to said Compañía de los Tranvias de Filipinas five per cent of one peseta per passenger for each kilometer of the line of said Compañía de los Tranvias de Filipinas, and a proportionate amount for each fraction of a kilometer of said line over which said passenger is transported.

"PAR. 19. The grantee shall be liable to pay the same taxes on its real estate, buildings, plant (not including roadbed and track, rolling stock, poles, and wires), machinery, and personal property as other persons are now or hereafter by law may be required to pay. The grantee shall further pay to the municipal government of the city of Manila two and a half per cent of the fares collected and tickets sold within the limits of the city of Manila, and the same percentage of fares collected and tickets sold without the said limits to the proper municipality or municipalities of the province of Rizal. Said percentage shall be due and payable by the grantee monthly, and shall be in lieu of all taxes and assessments of whatsoever nature, and by whatsoever authority, upon the privileges, earnings, income, franchises, roadbed, track, rolling stock, poles, and wires of the grantee, from which taxes and assessments the grantee is hereby expressly exempted.

“PAR. 20. The grantee shall keep a record of all fares collected and tickets sold, which shall be subject to the inspection of the municipal authorities, who shall audit and approve the accounts of the company at the end of each month before the payment of the percentage tax. The accounts when audited and approved as herein provided shall be final and conclusive evidence of the liability of the company under the provisions of paragraph nineteen.

"PAR. 21. The grantee shall begin the construction of the road within the city of Manila within six months from the date of the granting of the franchise, and shall complete the construction of the road and commence the operation of the same within twenty months after the expiration of said period of six months, unless prevented by an act of God, or the public enemy, usurped or military power, martial law, riot, civil commotion, or inevitable cause, and shall thereafter maintain a firstclass street railway service in every respect. The failure of the grantee to comply with the conditions of this paragraph shall render the franchise in this part described liable to forfeiture.

"PAR. 22. Upon the award of this electric street railway franchise and before the same is finally granted, the grantee shall pay to the treasurer of the Philippine