St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-11-02
ROME OF CONTENTION.

merce Yesterday morning was the matter OIL
that contract about bridges. As soon as the
preliminary business was disposed OF MI.
FairebiId called for the report of the COM
mittee. when Mr.. Phelps, the secretary,
said that Mr. Murray had stated that the
report would be forthcoming at the next
meeting of the board. Mr. thompson
wanted to know if there was any DOnu or
assurance that it would be produced. MI
Cochran said the contract was IN the room
in the possession of Mr.. Bramhau. Inc
latter then handed to the secretary paper
and said it contained the copies OF the con-
tracts made bv Mr. Murray in his Office sew
eral years ago. Inc secretary tleH 1e"u
the contract, as follows:
In the matter OF the railway crossings over
or under the streets within the city limits, II
is understood that it is the province OF the
council to determine when and where ana
how such crossings shall be made, whether
bv bridges over or roadways under the track.
And that the extent and character OF these
crossings. whether by bridges over or road
WAYS under the tracks, should be determined
nv the civ attorney, after consultation with
the chief engineers of the respective railroad
companies interested in such crossings. That
when a plan for any crossing requiring
bridge over the railway tracks is adopted Dy
+be common council, the railroad companies
interested shall build the abutments
and the superStructure over their rights or
yyav or in case of q roadway under sucn rail-
wav tracks, railway companies shall make the
necessary excavations across theI right OF
wa and surface the same with gravel in
anirahIe manner, and the city shall build the
aDDroacbes thereto. and if such crossings are
cOTnDleted in accordance with the require
rnents of the city authorities, such crossings
shall be maintained and kept in order at the
expense of the city government.
St. Paul, Aug. %, 1851.
(Signed,) Ii. E. SARGENT, OF the Northern
H. H. PORTER, of the Chicago st. Paul &
Omaha. and St Paul 81 Sioux City railroad.
JOAN r. INSLEY, Of the st. Paul Duluth
railroad with the codici) after the same
agreement has been entered into with the st.
Paul. Minneapolis & Manitoba railroad.
Mr. Fairchild said that it had been
frequently asserted that these con-
tracts we're made by the express
authority of the Citizens union, and
he made a motion that the committee
see Mr.. Murray and the city authorities
and obtain the evidence of that. Gen.
AveriI said that he did not understand that
any one had signed the paper for the city.
1t looked to him like a proposition OF the
railroad companies. The president replied
that it was nothing but a proposition. 1t
was no contract. Mr.. Delano said the
paper was not the contract at all, and was
nothing more than an extract from 1t.
When the contract was made there were
five copies, and each road and the city had
one. If the city attorney has the original,
this paper he declared. would not compare
with it. He felt confident that at least two
Of these papers Tor contracts) could be had
now. Mr.. Bramhall, on being called upon,
said that a gentleman that all respected and
had confidence in saw in Mr.. Murray
Office the contract, made between the city
and the railroad company, and read 1t. 1t
is signed by the mayor, city comptroller
and the city clerk. Mr.. Delano, interrupt
ing, said that that was the document
wanted. Mr.. Bramhall, continuing, said
that it was the policy and intent of the city
council, or those who control it, not to
have this subject considered and passed
upon by the chamber of commerce till after
the next meeting of the council, when it can
DISPOSE of the petition before it,
which is all they desire. Mr.. De-
lano said that the chamber asked
of the city the exact contract made,
and if the city could furnish it it ought to
do so. and not send in mere extract or
something else. Mr.. Fairchild said it made
little difference what contract the city made
with the railroads. in which they abandoned
and sacrificed the interests of the city OF St.
Paul. That contract. whatever it might be,
did not receive the authority Of the Citizens
union, of the city of st. Paul,
and cannot be enforced in the courts
for want OF consideration. He did not care
what the contracts were. That is inmate
rial AS long as they were not sanctioned
and authorized as AIr. Murray claims they
were, by the citizens of st. Paul. they have
no legal or moral binding force. What he
wanted was TO have the committee go to
the council and obtain the evidence of the
sanction of the Citizens union, and get the
original contract. DR.. Day argued in favor
of the construction OF the Third street
bridge, and the chair notified him that the
question was not on tine building of the
bridge but the obtaining of a certain con-
tract from the council. Mr.. Cochran Of
fered the following resolution:
Resolved, That our standing committee on
taxation be requested TO obtain all original
contracts between any railroad company and
the city Of st. Paul with regard to the. build
ing of bridges an I making approaches, and
alter consideration thereof take such action
as shall prevent the city from being bound
in the future under such contracts be fore
their legality is tested
Mr.. Cochran favored the construction of
the Third street bridge. If the policy of
the city building the approaches and MAIN
tanning the bridges is adopted it will cost
us millions of dollars. IF, however, we
have entered into such an agreement we
ought, in my opinion. to stand by the agree
ment. If, on the other hand, we are not
bound by any such agreement we should
take care of our rights" Mr.. Ludden did
not want MIR. COchran'S resolution adopted.
1t was placingtOo much work on the COM
mittee. He thought with Mr.. Delano that
what had been presented to the board by
Mr.. Bramhal was not the contract. II
might be an extract and read from the
GLOBE TO establish his position. Mr.. Bran
hall declared that the paper submitted by
him is the exact contract and he knew il
was. He admitted, however, that there
was another contract referred to by Mr.
Delano, but it was different thing. Mr..
Murray. he said, had made a mistake in
declaring that the business union sanctioned
the contract. 4 cOmmit1e from the cham
Der and from the council met the railroad
men and considered the matter. He argued
that the contract was illegal and void The
only question he thought was as to there
being any legal obligation compelling the
city to build the approaches and preserve
the bridges Mr. DelanO said that under
this alleged contract the city had built nine
bridges and one tunnel, and in his opinion,
if the matter should ever be taken into the
courts, it would be decided the same way
that the Minneapolis case was, that the rail
roads must do all the work. MessrS. COch
ran, Bishop, Fairchild and others spoke
further, when Mr.. Kelly offered the follow
ing resolution, which was adopted, and The
board adjourned:
Resolved, That this chamber heartily ap
proves of the building OF the Third stree
bridge under the alleged contract made BY
the city council Of the city of St. Pau