Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-03-17


leaving team united. Fined 81 each.
The city VS.. E. F. Goodrich and F. j. Good
rich and Thomas O'Brien; vagrancy. Com
mitted thirty days each.
The city VS.. c. Gates and James Madden;
drunkenness. Madden was committed and
Gates discharged.
The State VS.. C. L. Chase; illegal voting.
Continued three weeks.
Oficiar Publication of Ordinance Passed
by the Common Council of the City of st.
Paul March 4th, 1881.
ORDINANCE No. 22s.
An Ordinance authorizing and regulating GER
tain railways in the City of st. Paul.
The CITY Council of the City of st. Paul do Or
dain as follows:
Section 1. That the Como Railway Company,
| corporation created and organized under the
laws of this State, be, and hereby is granted,
during the term of its charter, the right and
! privilege of constructing and operating a
line with all necessary tracks for turnouts,
side-tracks, switches, turn tables and wyes in
the following streets of said City, viz: On
| Market street from the corner OF Market and
Fifth streets to the corner of Market and
Sixth streets, thence on Sixth street to Fort
street, thence on Fort street to Tenth street,
thence on Tenth street to Rice street, thence
Rondo street to Mackubin street, thence on
| Mackubin street to Martin street, thence on
| Martin street west to Dale street, thence on
| Dale street to its intersection with the old
| Como road, from whence said railway.is to
extend across private property TO a point IN or
within forty rods of Lot eight OF Lake Como
villas, also on Charles street from Dale street
| to harrington avenue, thence along Harrington
avenue south to Rondo street. Provided, ho1c-
evcr, that no turnouts, sidetracks, switches,
| turntables, yves, or more than one railway
| track shall be laid on any of the streets before
named, south of Rondo street, without special
permission of the Common Council of said
city.
| Sec. 2. The cars to be usedup any of the
| foregoing tracks, between the corner of Mar
ket and Fifth streets and the corner of Rice
and Rondo streets shall be propelled by animal
power only, and such cars upon said tracks
between the corner of Rice and Rondo streets,
and all points north and west OF said corner,
NAV be propelled with either animal or steam
power as the said company may deem advls-
| able, provided that no propelling power or ma
chinery of any kind shall be used after it shall
prove to be public nuisance.
Sec. 3. Said tracks and railway shall be used
| for the purpose of transporting passengers,
| baggage and parcels, and the cars and carriages
| for that purpose shall be OF the best style and
| class used on such railways in other cities;
Provided, said company shall at all times have
| the right to use their track for transporting
iron, ties, fuel and other material for construct
| ing their road and keeping the same in repair,
| and such other purposes as from time to time
| may be necessary in carrying out any contract
or engagement that may be hereafter entered
| into by and between the city of st. Paul and
said company.
Sec. 4. The track of such railway shall be
laid so as to conform to the established grades
of the streets on which the road may be built,
whenever the same may have been graded by
the city: but whenever the city shall change
the grade of any street or streets, or any por-
ton thereof, the said company shall raise or
| lower the track so as to conform to such change
| of grade. Where the streets are not graded to
| an established grade said company shall lay
| their tracks so as to conform to the surface
of such streets; Provided, that they raise or
lower the same to the grade when the city shall
grade the same, or any part thereof; and in case
said city shall at any time pave or otherwise
improve the surface of any street along which
said railroad may run, said company shall pave
or otherwise improve the space be-
tween the rails of their tracks, and
for space of two feet outside of its track or
tracks, used and occupied by their railway as
aforesaid, unless otherwise ordered by the
Common Council, so that it shall substantial
ly correspond with the improvement OF the
street, provided said company shall plank the
tracks and on both sides thereof at each street
crossing, whenever required by the City Engi-
neer of said city, and one or more plank as the
u case may be, to width OF
two feet shall be laid on the outside OF each
rail, and on the inside when ordered by the
Common Council, if the rail is used
Andin case the said company shall refuse or neg
lect to make such improvement when ordered
by the Board of Public Works, then the same
shall be done by the city in such manner as the
Board of Public Works may determine, thu
cost and expense to be paid by the said com
pany, and if the Como Railway company shall
refuse or neglect to keep its tracks cleaned ant
in good repair, or shall refuse or neglect Il
) make any new improvement, paving, repavlng
/ planking or replanking, as above provided
when ordered by the Common Council as afore
said, within such time as shall be fixed by tn
Board of Public Works, which shall never b.
a less than that given to contractors for the con
/, struction of such new improvement on the con
tiguous part of the street, or, in case said worl
is done by the city, they shall neglect or refus
: to paw, within such time as may be determine
:, by the Board of Public Works, the cost an
expense of any such new improvement as ma.
be ordered by the Common Council, and TO
J. | which said company is liable under this ordi
:. nance, after the notice from the City Treasure
= that the amount chargeable to the said com
pany has been ascertained and fixed b tn
Z BOaru OIL fUDllc WOTkS lOl Sdlu utW ImpTONt
. ment, which amount, however, shall neve
exceed pro rata that assessed against an
property on said street contiguous to said raj
% way track, then and in that case it is expressl
= agreed by and between the City of St. PAT
3 and the Como Railway Company, that the cos
of all new improvements as aforesaid, as We
l. as the cost and expense of any and all repair
i. and cleaning OF streets as hereinbefore stated
NAV be collected by distress and sale of person;
property in the manner provided by the Gel
!. eral Laws of this State in the case {
taxes levied upon personal property; or by
- suit brought in any court having jurisdiction
the said company waving all objection
h except as to whether the work has bee
IL done by the city and the cost and expen'
thereof.
Sc Sec. 5. The said City of st. Paul shall ut
Ell be held liable to said company for any damas
that may be occasioned by the breakage
any gas or water pipes, or from any delays {
y interference with the business of said comp
:, ny that may be occasioned by the csnstructic
or repairs of sewers, laying or +
pair of water or gas pipes, or the in
y provement or repair Of any street. The Gil
IN of St. Paul hereby reserves the right to tai
up and remove the rails of the said road whe
Sc ever IL shall be necessary for the repair or In