St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-10-12
MINNEAPOLIS CROSSINGS.
The Peremptory Mandamus
Served-The ST. Louis Writ of

The PeremptOry Mandamus
Served-The st. Louis Writ of
Error.
The peremptory writ of mandamus
which has been hanging over the st.
Louis road was granted i'll the district
court yesterday noon and served at once
upon Receiver TrueSdale. But as Judge
Springer, the company's attorney, is alb
sent in Washington, where he has
been getting writ of error no action
was taken. This writ is simply against
the st. Louis road, judgment not having
yet been entered against the Manitoba
road. 1t will be entered to-day, how
ever, and the writ served. The writ
against the st. Louis road provides that
the tracks on Second, Fourth and Fifth
streets north and on Washington avenue
north are to be bridged before April Is,
1889, The officials of the st. Louis road
are not feeling greatly worried over the
turn affairs have taken apparently.
Said +. ID. LarIabee, the assistant sOlic-
itor of the road, yesterday:
Judge Springer will arrive home flom
Washington tomorrow with the writ of error
which was granted by Justice Miller This
will be filed in the district court at once, and
it stops all proceedings. We suppose that
have the writ quashed. Then there will be
preliminary hearing in the United States SUI
preme court. We claim that seven provisions
of the constitution Of the United States
were violated in the finding OF the
lower court. 1t was on these claims that the
writ was granted. The preliminary hearing
will not be full one. 1t will be to decide
whether there is a probability of the viola
tons, and whether there have been any,
am certain as / can be of anything that the
cOurt will OnaSh the writ after
having granted il. They are very careful
about those things. and had the court not
been convinced that there was violation it
would never have granted the error.
The officers of the road state that
Judge Springer has secured writ of
error from the supreme court, and will
arrive in Minneapolis this morning. The
writ of error thus granted is in the ma
ture of temporary measure which
gives both sides chance to be heard.
If on the preliminary hearing the court
decides that the road has a case it will
be put on the calendar and take its
chances with the delays and veXatIOnS
of the other cases. If, however, the
road fails to show that 1t has a case, the
writ will be quaShed with very little
delay. The first alternative means
delay of one to five years, the other OF
only few months.
City Attorney Seagrave Smith said
yesterday morning:
1 have not been officially informed of the
issuance of the writ, and will proceed with
the mandamus until it is served. This ac-
ton, il ii has been taken is merely temporary,
and do not anticipate that 1t will delay us
very much. The United States court will
doubtless quash the wril on the preliminary
hearing and the last obstacle to bridging the
North Minneapolis tracks will then have
been removed. Receiver Truesdale is an Of
fcer of the district court, and as such is
under orders. Ii is not likely that the United
States court will assume to have Jurisdiction
in the case at ALL and think we can soon
dispose of this obstacle, if the writ OF error
has really been granted