St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-01-27
APROPOsITION AT LAST.
The Burlington Makes a Proposi-
lion to the Council committee,

~
ferred by the chamber of commerce, met
yesterday afternoon to continue the con-
ference. The members of the committee
were all present and Judge Young and Mr..
Shepberd of the Burlington road. The
meeting was called to order by p. II. Kelly
at little past o'clock. City Attorney
Murray was called for and as he didn't
promptly respond. after brief search he
was found in the secretary's Office in con-
sultation with Aid. Johnson and Mr.. Shep-
herd. Aid. johnson said as Mr.. Harris,
presdent of the road who was expected to
be present had not arrived, he proposed
that an adjournment be taken. AT TINS
point Judge Young said:
Mr.. Murray, understand that you are not
satisfied with the proposition we made you
yesterday.
Attorney Murray-No, sir, am not.
Judge Young-Well, what do you want?
Attorney Murray-Well, sir. we want the
railroad company 10 buy the property that
will be damaged by their improvements or
agree TO protect it by riprappIng the levee.
Judge Young then arose and, clutchlng
the back of chair, said:
According TO the laws Of this state, rail-
road company has the right TO ill up the Ded
of a stream, providing it pays for the dam
ages that accrues from this filling. Now, TINS
company has offered TO give bond OF indem-
nity against damages TO the city and the
proposition mas been refused. L VIII now
make another proposition. This company
will rive the city a bond, with sufficient
surety. in such sum as may be agreed upon
between the parties or fixed by the court,
agreeingto pay full compensation for all
property taken from this city or damaged by
the construction of the railroad, such dam
ages to be assessed by a referee or otherwise.
That, it seems 10 me, protects the city.
FROM THE ATTORNEY GENERAL.
City Attorney Murray said Attorney Cen
eral Hahn was associated with him and he
would like an expression Of his views on
the subject. Attorney General Hahn arose
and said:
1t occurs to me that though the proposition
is fair 10 certain extent, il doesn't cover the
ground. The Improvement made by this rail-
road company, il seems from the report OF
the city engineer, will damage the levee on
the West side. / think il this damage is DONE
the company should be willing not. only TO
pay full damages to individual property
but to repair all damages to the levee by rip
rapping or in other ways. 1t seems to me as
though the city should treat this corporation
lust as though it had approached the city for
the first time TO ask leave to build road over
city property into the city. The city shouldn't
allow itself to be taken advantage OF. The
road made "A mistake in not coming to the
city and asking privilege to build into the city
limits.
Judge Young-In coming into this city we
have not yet crossed a street, but have come
over ground appropriated for railroad pur-
poses. If we are interfering with the navi-
cation of this river, the city has no right to
grant us the privilege of coming in here. If
il did, if the government engineer decided
that we had injured navigation and he told us
10 get ont, we would have to do so. 1t seems
TO be the idea of the city to hold the road liza
bic for damages that in the future may occur
TO the levee. which is not reasonable.
ATTORNEY Murray supposed, when the
representatives of this road came in today
they would present written proposition that
conld be submitted to the city council. We
have no authority to decide this matter, but
we can't submit Il verbal proposition from
Mr.. Young or anybody else. If Mr..
Young will give us proposition in writ
ing, we will try and get the council together
in six hours after we receive it. Until they
do this, it will do no good to debate this mat
ter.
Mr.. Lawton-This committee ought to go
down to the river and see just how much
space this road wants. They may want the
middle of the stream and they may not. This
is an important matter and a hasty decision
should not be arrived at. don't know and
don't know as ANYBODY else knows how much
space the road wants. The space is put at
different figures, from fifty to two hundred
and fifty feet. 1t seems to me that this com
mittee had better know just how much space
the road does want.
Aid. johnson agreed with him.
+. f. Drake-I agree with Judge Young
that if this improvement Injuries navigation,
neither the state or the city has any right to
grant the road the privilege of making this
Improvement i don't believe navigation will
be injured This road is going TO be great
benefit to the city, and think if the
city has the power it had better dedicate the
ground that they claim will be in
jured to the road, rather than keep
the enterprise away from the city.
The ground that can be used in this city by
railroads coming IN here is limited, and any
road coming i'm here is obliged TO use every
inch of the ground that they own TO accom-
mOdate their business, and l think the city
should recognize this fact and not stand on
its dignity and try to prevent this company
from coming in over this line on which they
are coming, and uIust come or stay away. l.
as Al citizen of st. Paul, don't approve of this
action.
Peter BerlSey-I am satisfied that this mat
ter can be settled if some definite proposition
is made by the company. j have talked with
Mr.. Davidson and he says this fill will not iu-
terfere with navigation.
Mr.. Murphy-Captain Berkey, supposinp
another road wanted TO come into the CITY,
would it be right for the city to stand by and
see that road appropriate fifteen or twenty
acres of that land for standing room, when
seventy-five or n hundred feet would be all
that they needed?
Mr.. Berkey-Not at all, sir: there should be
limit. think the road should make def
mite proposition or statement Of what they
want, and think some arrangement could be
made to let the road in.
4 PROPOSITION.
Atthis point Judge Young appeared with
the following written proposition:
The Chicago, Burlington & Northern rail-
road offers TO execute to the city bond with
sufficient surety, in such sum as NAV be
agreed on, between the parties as fixed by the
court conditioned to pay full compensation
10 Dir for NIL mr. Of
or damaged by the construction of its railroad
and embankment as the same is now being
constructed and shown in the map of the CITY
engineer, such damage assessed by referee
and otherwise in this suit or by condemnation
proceedings to be forthwith instituted by the
company, according as the parties may agree
and the court may order. Such bond shall
also be conditioned to give the city right of
way through the grounds of the company for
construction and maintenance of sewers.
Chicago, Burlington q Northern Railroad
company, by GEORGE B. YOUNG, Attorney.
On motion OF Mr.. Murray the proposition
was referred TO the city council and the
meeting adjourned subject to the call of the
chairman. A special meeting of the coun-
Gil will be called this afternoon to consider
the matter.
AS TO THE INJUNCTION.
If it shall prove that the movement against
the Burlington road is job put up by a ring
in which city official has secret interest 10
force the road to pay an exon bitant price for
certain lands under penalty of having the
right OF way with the city blocked, would not
that be a horrible conspiracy against the in
terest of the city of St. Paul? We do NOT saw
that such is the fact. but we have had pretty
good evidence presented to US that it is
Dispatch.
Now l ask in the name of common
decency VINO is this accused ring? Now as