St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-01-17
ARGUED AND SUBMITTED.
The Railroad Crossing at First Sire.
i'm the District Courf.

- - Ouo SLTcek
i'm the District Court.
The argument in the proceedings insti-
tuted by the Minneapolis & st. Louis Rail-
way company to obtain by condemnation a
right of way across the tracks Of the Mani
toba road at First street in North Minneap-
oils was had yesterday in the district court,
as to the form Of order, the court having al
ready allowed the crossing The special
term calendar was sDosed of in the morn
ing. in order that the full bench might sit
on the case, and at o'clock Judge Koon
asked the deputy sheriff to inform Judges
Lochren and Young that ''the belligerants
are ready"
Hon. E. NJ. Wilson opened the argument
for the Minneapolis & st. Louis. saying
that the question had finally narrowed dow n
to the character of the proposed crossing,
whether it shall be Oh grade, as desired
by the petitioners, or under grade by tun-
mel, as sought by the respondents. He
claimed for the grade crossing that it will
fulfil all requirements, and will not inter-
fere with existing arrangements. A fourth
track has been talked about by the respond
ents. but this is in the dim, distant future,
and should not be considered. Such a sys-
tenn of signals as the petitioners propose TO
adopt will render the grade crossing per-
perfectly safe without even making a stop
page of trains necessary. In regard to the
underground crossing. it will cost a
QUARTER OF A MILLION
Of dollars as was shown by estimates of
competent experts instead of about $50. 600.
as claimed by the respondents. Such a
crossing will iTreparably injure the yards of
the Northern Pacific. Gen. Anderson testi-
flying that the damage will amount to at
least $3.50, 900. A lengthening of the abut-
ment Of the First street bridge will also be
necessitated, ana the city may not be will
ing 10 grant such change. A change of
the main track of the petitioner north Of
the crossing will be necessary and new
right of way will have to be secured.
Judge Young of st. Paul for the res
pondents next spoke. He first answered
Mr.. Wilson's last assertion in regard 10 the
change of the main track of the st. Louis
road. saving that the main line stops at
Third street and does not extend to the
point where Mr.. Wilson said it will be
necessary to make the change, the line run
mig to the mills being only.a spur track.
Mr.. Wilson here interrupted to ask:
How can we get to st. Paul if that isn't
the main track?"
In answer Mr.. Young reiterated that it
is not the main line. He asserted that the
underground is the most feasible. as had
been established by abundant testimony.
This crossing is wanted as a part Of the
transcontnental line of the Northern Pa
citic road, from Puget Sound TO ST. Paul
even $780, 900 should not be considered
excessive to accomplish so important pur-
pose. Gen. Anderson when he stated that
he did not know this to be true showed that
bn oil ava1ad fha Yninf ny alcn IL iernnr-
ant of his roads interests.
Judge Young next discussed the specifi-
cations of the general proposition of the
Manitoba, 10 show that the great expense
of an
UNDERGROUND CROSSING
claimed by the petitioners is the ''veriest
bosh." He thought THE petitioners
would never find revetment wall neces-
sary. 1t is not retaining wall, and is only
to prevent diSintegration OF material which
is not necessary i'm the case. IF they
want it. however. we will build this wall
for them which they claim will cost $780,
600 for $40, 900. If they only want por-
ton of it built we will agree to build it at
81 per square cubic yard. instead of Sc to
SS as claimed it will cost. The counsel
next sarcastically referred to Mr.. Buscar-
ron's testimony and pointed out the folly
of having man from Mississippi testify as
an expert concerning snow in Minnesota.
There is little probability that the cut will
ever fill up with snow. as it will lie north
and south. If however, they want
cover. we will build such one as they say
will cost SIS. 600 for $40, 900. If they don't
want either the cover or the wall we will
agree to Construct the crossing for S57. 600.
In closing Mr.. Young said the position of
the Manitoba road is not one of hostility TO
the enterprise of the Northern Pacific
transcOntinental line; it only objects TO
having its road cut in two. He stated
further that if a grade crossing is ordered
that the Manitoba will insist that its use be
restricted to the Minneapolis d st. Louis
If underground crossing, all roads can
use it.
J. p. SPRINGER,
attorney for the Minneapolis & st. Louis,
took up the balance of the time allotted the
petitioners. He remarked he would not
attempt to follow the devious ways Of
Judge Young's argument. He ridiculed
the claim that the cut would not fill up
with snow because it was narrow. and
said there is not brakeman in the North
west who would not laugh at this. He
claimed that Engineer Morrison's testimony
was perverted and that not a syllable of
ievidence had been introduced to rebut the
testimony Of the experts called by the petit
TONERS.
Referring TO the propositions for con-
structing the underground crossing offered
by Judge Young. Mr.. Springer said: 1T
is very old and very stale trick. Who is
authorized to make propositions for the
Manitoba? Certainly the council is not and
even President Hill can't do it. 1t may
turn out, as upon certain memorable oc-
casion when Mr.. Hill was obliged to back
ont of proposition he had made because
the directors of the company would not in
dorse his action.
JIM HILL
don't carry the Manitoba road around in his
breeches pocket"
In regard to certain other propositions
which he said could only be carried out with
the consent of the city, Mr.. Springer re-
marked: This reminds me of another
memorable occasion which took place
good many hundreds of years
ago when certain gentleman
took another gentleman up on a high hill
and told him he could have everything IN
sight.
The counsel next considered the disad-
vantages of an underground crossing thirty
or forty feet below grade. with sharp curves
and grade which is eighty feet to the
mile. As to the danger of collisions on a
grade crossing he challenged the respond
ents to produce single instance where &C
cidentS have occurred when modern appli-
ances have been used, such as it is proposed
by the petitioners to use. While he did not
claim there would be as little danger as if
no crossing existed, he did mean to assert
that grade crossing will not increase the
present amount of danger one iota.
When Mr.. Springer finished Mr.. Flan-
dream addressed the cnnrt saving that ii