St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-01-26
The Burlington & Northern Injunction
Matter Taken Up by the Cham
Der of Commerce,
Which Names a Committee to Settle the
Matter With the Road Officials
If Possible.
Sharp Dialogue at Conference or
Committee, Aldermen and
Road Officials,
Which Fails to Adjust the Matter--A
Continued Session to be
Held To-Day.

=
CITY unouestionably had the right and au-
thOrity TO maintain full control over the
banks of the river and the water in the
river. For some time the Chicago. Bur
lipgtOn d. Northern road had had large
number of men at work cutting down the
face of DaytOn's bluff at that point and
placing the material in the river; that. if
this was allowed to be done, the channel
will be limited and changed, and the bank
on the opposite side of the river would be
cut away, giving the parties owning the
land an action against the city for heavy
damages. 1t was, therefore, matter of
some importance, and the council thought
best to enioin the railroad companies. He
said that he regarded it as an important
matter and one that in his opinion might
possibly be settled il a committee Of the
chamber of commerce and the city authori-
ties could meet the railroad managers
and have an interchange or views. Mr..
Lindeke wanted to know what the railroad
had done. Mr.. Murray replied that the
city engineer could furnish him with the in
formation. Mr.. Rundlett then made brief
statement, setting forth what had been
done. Mr.. Drake said that as he under
stood il the company had filled in along the
shore across the bend at Dayton's bluff. and
he could see that in doing this the company
MIGHT DAMAGE THE CHANNEL.
The railroad company had large num-
Der Of men at work there, endeavoring to
get into the city of st. Paul. They had
approached into within few hundred feet,
through the only route left open, and here
it is that the road is met with an injunc-
ton. He regarded this as an unwise and
iniudicious step. In his opinion what the
railroad is doing would improve the chan
mel of the river. If he controlled the road
and this business he would give this city a
wide berth. He thought the best thing the
city could do would be to dissolve the in
junction as soon as possible. Mr.. Murray
explained that the matter had been running
along for some time: that the railroad man.
ayers would agree to most anything, but
when you came to pin them down to black
and white they would not come TO time.
No one, Mr.. Murray said, knew
better how unreliable railroad mems
Drake replied that he knew no such
thing. 81 do know, however," he said,
'that the words of railroad men are more
reliable than those of some city officials"
DIR. Day was in favor Of piling from below
the elevator down to DaytOn's lime kiln
and filling in the whole of it. We would
make sixty acres of valuable ground by
doing so, and improve the channel thereby,
and at the same time could thus make a
right of way for ali railroads. Mr.. Drake
restated his idea that the city had better
dissolve the injunction. and in this connec-
ton referred to the Milwaukee road that
was fought out of st. Paul by the same
policy till it picked up its little boiler and
went up to Minneapolis. Mr.. p. II. Kelly
thought the injunction should not be dis
solved till certain things were guaranteed
by the railroad. Finally the whole matter
was referred TO a committee consisting Of
Nessrsr Kelly, Drake, Blakely, Burkey,
Lawton, Phelps and Gotzian with pow er to
act.
STILL HANGS FIRE.
The committee met in the chamber Of
commerce yesterday afternoon at o'clock
with members of the city coun-
ell, and Judge Young and
Mr.. Shepherd, representatives of the road.
The meeting was called TO order by Mr.. P.
Il. Kelly, after which Judge Young said
the time for serving the injunction had I'M
fortunately been chosen when the president
OF the Burlington d Northern road was alb
sent in Colorado for his health. He stated
that in consequence of the bluffs and heavy
grades the Burlington road in order to get
bridge the river and come in from West st.
Paul. which would be very foolish thing
if it could be avoided. He said:
If any injury is to be done by this fill the
company is liable to damages that result. So
Tar ~ are within the line of low-water mark
and we are on our own property. On this
theory the company has gone on and
filled the bank nearly up to Phalen creek.
The filling in no way damages
n a 10
any narrower than il was at a point near
Lizzie street before the I'LL began. The Bur-
lington road intended to purchase lots on the
West side back of the levee and donate them
TO the city in order to widen the levee, but
when an attempt was made to purchase
them it was found that the price of the lots
was as high as that of some Of the best prop
erty in the city and the idea was abandoned
Aid. Johnson-Can't the grade be main-
tanned if you take land on the bluff?
Judge Young-I don't think it practicable.
well, ask you, can't you maintain your
grade on the land side"
Il suppose we could
"Well, then, it is question of dollars and
cents, isn't it?''
at is question of using your own prop
erty III preference to using other peoples
property, which is virtually u question of
dollars and cents. The road is going TO be q
greater benefit to the city than it is a
damage
City Attorney Murray said-we simply
want some guarantee that if the city suffers
damage the road will pay for it.
Peter Berkey-Let the railroad give a bond
of indemnity to hold the city harmless against
any damage that may be done in consequence
OF their I'LL to the property on the West side.
II the city is protected, L don't see why the
city should object to this road coming i'm.
Aid. Minea-I don't think bond of in
demnity fills the bill. Who is going to tell
how much damage we suffer? We are dam
aged by overflow, the fill is made, and we are
left to find out the best we can how much
damage we can recover.
A. M. Lawton didn't think the railroad
company had
ANY MORE RIGHT
to take land away from them than anv
private citizen on the East side would. and
the citizens ought to be paid for the property
that was damaged.
E. F. Drake-The real danger of that I'LL
is at the lowest and narrowest points Now
think this narrowing of the channel by the
MI will cause the bottom of the river to scour
TO depth that will allow the water TO pass
vi course certain portion of the west bank
VIII be washed away and the railroad should
ne willing to pay for any real damage that is
zone. Inc coming in of this road is going to
be great benefit.
City Attorney Murray-So it is. and we
want IL TO come, but we want TO be secured
against damages. We control the river and
we want the road to understand that we own
ii and we don't propose to allow railroads 10
come in and farm out the river as they
choose. The city don't want that levee de-
stroyed and be obliged to buy land for an
other.
L. f. Drake-I don't think the city should
step in to protect individual interests The
damage is not going to be great. Nobody
would be willing to give more than So. 900 an
acre for that land that is liable tn overfo,,-
Mr.. Murray proposed that the matter be
lad over until to-day, when Mr.. Harris.
president of the road, would be here and
cnI1ll he IlreseIat of tho nn,,foro...ao -