St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-02-16
AGAIN THE LEVEE
In the Sixth Ward Provokes Long De-
bate in the Chamber Of Com
merce.
Mr.. McClung and Mr.. Fairchild Express
Themselves as to the Railroads
Rights.
Just What the Contract With the City
Intended--Has the Road
Done IT,
Resolutions in Honor ofthe Dead Gen.
miscellaneous Minor
transactions.


Of the chamber of commerce yesterday
morning, a communication from A. Nj. IAN
Auken of Fort Howard, Wis, in regard to
the improvement of the Fox and Wisconsin
rivers was referred to the mercantile COM
mittee. A communication from j. b. Gil
fllan. dated Washington, d. c., Feb. 6. in
regard to the proposed change in the steam
boat inspector district was filed. as was
similar communication from Senator Nc
MILAN.
THE WEST ST PAUL LEvEE.
At this point Mr.. McClung called for the
special order which was, in substance, his
resolution offered at former meeting in
favor Of repeating the ordinance in regard
to giving the Minnesota d Northwestern
railway certain privileges in st. Paul. Mr..
Oppenheim objected to considering the
matter by the chamber and moved to refer
it to a committee of seven lawyers to report
the legal status. Considerable opposition
was made to this On the ground OF iInprac-
ticability 1t was claimed that it would be
an impossbility to get lawyers TO give an
opinion upon such subject unless it was
made matter Of business. Such an opinion
from one lawyer, it was claimed, would
cost not less than $500, Mr.. Delano made
a motion to indefinitely postpone the whole
matter, and then proceeded to argue that it
would be better to thus dispose of the mat
ter than it would to continue to talk about
it, lie thought that the continued agita-
ton of the matter would ultimately lead to
a costly law suit. In his opinion the whole
matter was settled by the adoption of the
ordinance. The privileges were all granted.
He expressed the opinion That if anything
was to be done it would be better to have
consultation with the railroad authorities
If anything can be done it can be accom-
plished in that way better than it can by re-
pealing the ordinance. If the latter is done
you will bring OH a big law suit Mr.. Nc
Chung agreed in favor Of considering the mat
ter Here he said was railroad company
that proposed to lay its track on the leVee
without having done what it agreed to do.
The result is that vast and important inter-
ests are invalued, yet people desire to have
nothing said about the matter. If the cham
Der saw fit
TO STIFLE INQUIRY
1t would make a mistake, as he would bring
it up at every meeting of the board. He
had prepared in writing what he wanted to
say, for the purpose of condensing il, and
did not think it would require more than
five minutes. He was allowed to read what
he had written, and he had timed it pretty
well, for he was just six minutes reading il.
He said the whole thing is ia a nutshell.
a railroad which had been granted strip
of land, on condition that it lay its track on
it, now wanted the land without laying the
tracks The ground never was given to the
road The road was given the right TO lay
its tracks upon it, and that was all that
was given. References were here made to
the ordinance There were two main con-
dltiOnS that were required of the railroad
company. The first was to eXpend $50, 900
in the construction Of the railroad in the
Sixth ward in 1854 and second to complete
the line to Iowa within two years. Mr. Nc
Chung admitted that the road had done
both, but concluded that the company had
not constructed the road it agreed to con-
struct with its tracks on the st. Paul levee
laid on the grade. The ordinance con-
templates no other place for its tracks and
no other place for expanding $4,000 in
constructing the road within the Sixth
ward. Mr.. Stickney never intended to lay
the tracks on the levee at grade without
constructing the road there also, and the
council never intended to allow them to lay
the tracks there without constructing the
road there also. Any other construction
would lead to the absurdity of a road con-
structed in one place and its tracks laid in
another. Having abandoned, in this man
her, its promise to lay its
TRACKS ON THE LEvEE,
he claimed the road had no further rights to
the leyee. The ordinance granted them
nothing else, but it does provide that if the
company fails to build the contemplated
road Oh the ground where their tracks are
to be laid and operated the right is for
feited and the ordinance becomes null and
void. Ii the road had built its tracks on
the levee as il agreed to. the city would
A.,
franchises it granted this road. The tracks,
Mr.. McClung said, were to be laid where
the road was constructed, and the road was
to lie constructed where the tracks were to
be laid These two things were indissoubly
Joined together by the contract and under
standing of all parties. by the ordinance
itself and by the taxpayers who were wit
neSSes of the bargain, and it is our business
to see that no man and no railroad COM
pany shall put them asunder The city
did not give away the fee. 1t gave only a
right to use the ground. 1t has no right to
give away public property. Let the Ordi-
nance be repealed.
Gen. Bishop thought the members of the
board were not ready to vote, and favored
delay. Mr.. Oppenhem said that before the
tract on the levee could be laid or graded
by the ordinance, the board of public works
was bound to designate the place where the
grading was to be DONE This the board
has not done. He then explained how
troublesome it was to own property and be
thereby 'everlastingly subjected TO suspi-
cions of wrongdoing." He had had life made
burden to him by this kind of proceeding.
Mr.. Fairchild thought the time had come
when the chamber should express itself.
This franchise. given to the Minnesota 81
Northwestern railroad, was the most val
liable one this city has ever given to any
railroad. If the city has made an agree
ment that is legal he was in favor of letting
1t stand. 1t was well understood that the
road was to be built on the levee. By an
ambiguity, when the ordinance was drawn,
the important words ION the levee" were
left out. He had no doubt the time was
coming when we would want miles and miles
of river front and yet, if what is done in that
ordinance is to stand, the city has given
away the whole river front, which shuts
out any other road. If that ordinance is all
right let it stand. If, however,
THERE Is ANY FLAW
overthrow it. Mr.. Fairchild in closing his
remarks, intimated very strongly that some
of the city officials were in collision with
the railroad people to practice this dis
honesty upon the city. He also took occa-
sion to comment, in sharp way, upon
what Mr.. Oppenheim said at a previous
meeting, and generally denounced the dis
honesty of the whole business concerning
the way in which the railroad got such an
advantage over the city in this levee bust
ness. Mr. Oppenheim briefly replied. de-
Tending the railroad. and closed by saying
that so far as honesty was concerned, he
had no doubt the railroad men had as much
as some OF those who are engaged in
charging dishonesty upon the railroad man.
ayers. Mi. Cochran asked ME- EairchiId