Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-12-11

cry, ana pelng deslrous to save the citizens O
st. Paul, who proposed to give them the RICH
OF way, as much expense az possible, othe
lines had been run. until they had finally
found the most economical route possible t,
the proposed location. That line had beer
staked, and was to all intents their property
and they should if necessary defend thei1
rights IN it. But he thought the matter would
be a,m1cably settled by the withdrawal of The
working parts and friendly negotiations.
ON THE WING.
The envoy then took up his line of march 70,
the headquarters of the Milwaukee company
when he discovered Messrs. Carey and Prior in
close consultation with Manager Merrill
through $40 miles of telegraph wire. This in.
result can only be conjectured from what &C.
Cured subsequently, as detailed below.
| THE EXCUSE FOR IT.
| Naturally the question arises What reason
had the Milwaukee company. or the new
organization, for resorting to the proceedings
taken? The envoy sought to ascertain this.
but was only partially successful, from
the TACT that everything connected with the
seizure was studiously ignored by Messrs
carey and Prior and others at all interested in
thelr secrets. In roundabout way, however,
he did learn that the fact of the Sioux City COM
panv, running the different lines as mentioned
| above, to the proposed location of their shops,
mad been accepted by Mr.. Merrill and his CO.
| parnacer, as an Indication on the part of that
company not only to run line to such pro-
| posed location, but that it was actually look
ing for route to Minneapolis, and intended
to forestall them in such an enterprise This
IS mere report, but as it affords the only reas-
enable excuse for the sharp practice resorted
to, 1t is but charitable to accept it, as a cor
rect explanation. That the suspicion was I'M
founded is shown by the statements of Presi-
dent Drake and Gen. Bishop.
ON THE GROUND.
OF course with such exciting scenes enacting,
pregnant with possibilities of broken heads
| and all the incidentals of general row, a
GLOBE reporter was dispatched to the scene of
operations and possible collision. Driving out
by the Fort road by Funk's brewery, descend
ing the bluff and walking down the railroad
track, he found some seventy-fve men at work
with pick and shovel, engaged upon the sand
rock Immediately behind Mrs. Wurms brew
cry The bluff at this point is some thirty or
forty feet high and formed of sand and lime
| stone. The earth and rock as it was loosened
was thrown down to the railroad track where
several men were kept busily employed keeping
the rails clear, The proposed line will strike in
about fifty yards lower down the line, and
about 1000 yards from the bridge. MIR. Case,
assistant superintendent Of the Minnesota
division of the Milwaukee & Chicago road, was
ON the ground, and, to the inquiries of the
reporter, stated that the men would not leave
their work at o'clock-at least he had not
heard that they would; on the contrary, they
would work all night, for it was the intention
OF the company to push the line forward as
rapidly as possible.
Still further down was Mr.. Vincent. with a
party of surveyors, laying down course for
the Sioux City company. The gentleman told
the reporter that he had been engaged off and
on during his leisure for the past six weeks
surveying for track up to the top of the bluffs
where The company think of locating shops.
The company had no idea Of running line to
minneapolis. The men who were at work for
the Milwaukee road, he said, were
starting in with their work several
hundred feet lower down than where
they had surveyed and staked out the ground,
evidently with the intention to interfere with
the operations of the Sioux City company The
reporter remained on the ground over an hour,
and still the men continued work. At o'clock
the train from Minneapolis brought down a
number of picks and shovels for more men to
work, and the reporter was informed that
1t was the intention to put on
all the men possible during the night
and try to get enough done to put in a switch
and rails to make connection between the in
tended line and the present track. The $50
train took up to the works headlights and Ian
to discontinue the work.
The La,v of 1t.
President Drake having called the attention
of the envoy to the provisions Of the statutes
of Minnesota governing interpretations, the
salient points are herewith presented. The act
is found on pages 1884 Of the general statutes:
Section provides that any number of per-
ut Lass han,
selves together, etc.
Section says: They shall organize by adopt
ing and signing articles of Incorporation, which
shall be recorded in the Office of the register of
deeds of the county where the principal place
OF business is to be, and also in the Office of the
secretary of state, in books kept for such pur-
poses.
In this case, according to the articles of in
corporation, the principal place of business is
designated Minneapolis, Hennepin county,
But the articles were filed in Ramsey county,
and they had not been filed in the office of the
secretary OF state at the time the seizure of
the Sioux City company's right of way was
made.
Section relates to the amount of stock, in
uebtedness, etc, concluding with: ''And shall
be published (the articles) for four successive
weeks in some newspaper etc.
All this having been done, section saws. sthe
persons named as corporators therein become a.
body corporate etc.
From the reading of the law, the essential
features OF which are given above, it would ap-
pear as if President Drake was right in stating
that the incorporation of Messrs. Mitchell Mer-
rlll ct al, lacked considerable of having at
tanned legal existence, by which they can 90
forward and seize private or corporate property,
and condemn it to their own use.
The York Progressing Through the Night.