St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-08-30
THE STREET CAR WAR
BY Ordinance, the Lowry
Company Is Ordered OF
Sixth Street
To Aid the City Attorney in
. the Coming Injunc-
ton Suits.
Meanwhile Lowry RuShes the
Laying Of Tracks on
That Street.
Aid. Yoerg Has Signed No
Ordinance and viii Hear
the Protests.

1t really begins to look as though the
city of st. Paul would take a whirl at
the autocratic Thomas Lowry and his
St. Paul City Railway company through
the courts. Having been egged on to a
bout with the Minneapolis millionaire,
the corporation attorney has engaged
able assistant counsel and is prepared
to fight the issue to finish. Rein
forced by Gen. John B. Sanborn and
Edward G. Rogers, who have been
called in by Mr.. Holman, the city
law department is in the pink
of the condition. and it is
not improbable that something viii
drop in the vicinity of the tcompany's
headquarters. The law department,
ready to fight, only waited for the city
council to drop the hat. This was done
at special session held last night.
The meeting was called by Acting
Mayor Yoerg, by request of the corpora
ton attorney. Mr.. Holman explained
last night that after engaging his assist
ant counsel and examining the matter
with them, it was found essential
that an ordinance be passed by
the council in order to give them
sufficient grounds upon which to base
injunction proceedings againStthe COM
pany as directed by the council i'll Aid.
Melady'S resolution. 1t would be UNI
wise for him to state, he explained, be-
fore the audience present, the reasons
neceSsitating the passage OF the ordi-
nance. Its passage, however. he con-
sidered essentially necessary. The
ordinance asked for, fathered by Aid.
Pratt, follows:
SECTION /. That any and all authority
heretofore granted by ordinance OF the com
mon council, or otherwise, t. the 81. Paul
City Railway company, or TO any otner per-
son or persons, company or corporation, 10
lay railway track or tracks on Sixth street
or st. Peter street. in said city of
ST. Paul. be and the same is hereby
revoked and repealed, and all such COM
panies, corporations or persons are hereby
prohibited from laying any such track or
tracks and from operating the same and from
running cars thereon; provided that the
above revocation and prohibition shall not
extend to any ordinance or charter granted
by the city of st. Paul since the first day OF
August, 1889.
SEC. 9 This ordinance shall take effect
and be in force from and after its publication.
When the ordinance had received its
first reading Judge Flandrau asked per-
mission to be heard briefly in the inter
eSts of the city railway company. The
request was granted, whereupOn Judge
Flandrau read the following cOmmuni
cation to the council, which is Selt-eX-
planatory:
The ST. Paul City Railway company re-
specially protests against the passage OF the
ordinance offered at the special meeting OF
the council of the city of st. Paul held on the
29th day of August, 1889, which attempts to
restrict its rights to occupy Sixth street with
its tracks for street railway purposes,
and asserts its rights to oCcu-
py said street or any other street,
the said city, except such as are excepted
from such rights by its contract with said
city and its charter, and announces It's pur-
pose to assert its rights under its contract
and charter to build such tracks as it may
| deem proper for the public good
THE ST. PAUL CITY RAILWAY COMPANY.
By Thomas Lowry, its president; IL. j.
Horn, John NJ. Gilman, Charles E. Flandrau,
of counsel.
Aid. Yoerg asked the corporation at
torney what disposition should be made
OF the communication.
Mr.. Holman stated that as it had not
been presented by an alderman or city
| official it was not properly before the
council, and recommended that no at
tention be paid to it. Judge Flandrau
stated that he was not opposed to this
| course, but that the company merely
| wished to offer a protest against the pas
! sage of the ordinance.
Ansel Oppenheim, having been grant
| ed permission to speak, expressed his
hearty approval of the general ordi-
nance, but objected to the provso,
as he could not see why
any exception should be made in
the case of the city railway company
| No company. in his opinion, should be
| given rights on Sixth street.
On motion of Aid. Gehan, by vote of
seven to four, the rules were suspended
and the ordinance placed on its final
passage. Aid. SanbOrn and Sullivan
desired to explain their positions before
voting upon it. Aid. Sanborn declared
passage of the ordinance, but explained
that had he been present the night be-
fore he should have voted against the
resolution ordering the city attorney to
bring the suit, believing that
the companies interested should
fight their own battles. AS SUCH
action had already been taken, how
ever, he believed the council should
comply with any requests made by its
| attorneys, asking no questions. Aid.
| Sullivan was opposed to the granting of
rights on Sixth street to any company,
and was afraid he had been derelict in
| his duty by not examining more care
| fully some of the ordinances that have
been passed. One thing was certain, he
would not vote for the resolution unless
it was so worded as to annul also the
Lockey-Moore company's rights over
| Sixth street. This declaration prompted
Aid. Sanboln to inquire of the city at
torney.
'WOuld it in any way jeopardize the
city's suit if the prOviSO in the ordi-
nance were stricken Out?"
Yes. sir; l think it would" returned
Mr.. Holman.
ut should not be stricken out. then, y
added the Seventh ward representative
Mr.. Holman explained that none Of
the other companies had as yet taker
any steps to construct lines on the
streets named in the ordinance. and
that under the circumstances it would be
impossible to enjoin them, though he
was personally opposed 10 the occu
pancy of Sixth street by any company
The attorneys statement did not deter
Aid. Sullivan from voting against The
ordinance. The vote by which it wa.
passed follows:
Yeas-Ald. Blom. Book, Cullen, &c
han, Pratt, Sanborn, Yoerg-7.
Nays = Aid. Bickel, Sullivan
Weber-3.
LOWRY NOT IDLE.