St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-03-11
MEANS ONLY DELAY.
The Manitoba Lugs New Matters
Into the Crossing Case and Sc
ounac Vfc End

Into the Crossing Case and Sc
cures Its End.
When the supreme count decided that
the st. Paul, Minneapolis & Manitoba
Railway company must bridge their
tracks on Fourth avenue north, the peo-
pie living north Of these tracks thought
the bridges would be built at once, and
that they would soon have the
right to travel between the bust
ness part Of town and their homes
without running the gauntlet Of moving
trains and switch engines, as they are
forced to do now. They were soon in
formed that there would be another de-
lay, as JudsOn n. Cross, the city at
torney, who had commenced the
suit to compel the lowering
of the tracks and the building
of the bridge over the same at the cross
ings referred to, had made the stupid
blunder of neglecting to make the Min
neapolis & ST. Louis Railway company
party to the action. The city was then
forced to commence another suit,
precisely like the one which had just
been decided against the st. Paul, Min
neapolis & Manitoba company against
the Minneapolis & ST. Louis Railway
company. This suit has been decided
in favor of the city, by our district court,
and the appeal case, which is to
be carried to the supreme court, had
been settled and was ready to be filed
with the clerk of the supreme court. AS
this case was exactly like the one which
had Just been decided, it was
well known the Minneapolis &
st. Louis had no reason
to take the appeal except
for delay. The st. Paul, Minneapolis
& Manitoba now complexities matters
again by serving an order on the Min
neapoliS d St. Louis to show cause why
the court should not add to the findings
in their settled case, the following:
THAT the Minneapolis & st. Louis
Railway company should change, or
consent to a change of its tracks,
from the south side of the st. p. M. d
nj. tracks to the north side, so that the
tracks of both roads would run parallel
and lie close together at the Washing
tOn-avenue crossing, thereby allow
Washington avenue crossing than can
be erected if the tracks are left as they
are now. AS the ground for the new
freight houses of the st. Paul, Minneap-
oils u Manitoba lies between the two
roads, it therefore prevents the
tracks from being brought to-
gether. The Minneapolis q st. Louis
have their freight houses all
ready built on the south side of their
tracks, and by changing their main
tracks to the north side of the tracks of
the St. Paul, Minneapolis & Manitoba
they would materially increase the
length of the bridges on all the cross
ings, except at Fourth street and Wash
ington avenue. 1t would also compelt the
NJ. u st. l.. to cross the st. p, NJ. u M.
tracks twice, between Western avenue
and First street, and would also compel
them to cross at such an angle, at
their First street crossing, that
the Northern Pacific, Minneapolis
d Pacific and 500 roads al
st. Paul, Minneapolis & Manitoba
tracks to the new union depot to be
erected on the haymarket property.
The argument to show cause was heard
yesterday before Judge Lochren, who
filed a decision as follows:
THE plan Of the st. Paul, Minneap-
oils 81 Manitoba Railway company, as
defined in its return and in it's offer and
map, is satisfactory to the relator (the
city,. 1t is reasonable plan, and
better for each respondent, and
as well for the public as any
other plan which has been presented to
the court. 1t would be better for the
st. Paul, Minneapolis d Manitoba, as it
would permit them to locate their ware
houses on the south side of their tracks,
so they could be reached without cross
ing the Minneapolis d. st. Louis tracks.
1t would also be better for the Mime
apolis Il st. Louis, as it would lessen
the curve Of their road at First street;
but as tine crossings can be put in
reasonably good condition for the
public travel without disturbing
the Minneapolis & St. Louis tracks, and
if they put them in such condition,
they cannot be forced to make such
change of their tracks or to be forced
from their present right of way"
BY this decision, this matter is
brought into the case, and allows the
st. Paul. Minneapolis & Manitoba an
excuse for delaying the matter of sink
ing their tracks and building the
bridges as they were ordered by the de-
cisiOn in the case against them.