St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-08-31
An Injunction Suit That viii
Forever Settle the
Question.
The Lowry Company Re-
strained from Laying
Track on Sixth,
st. Peter and Other Streets
Until the Courts Have
Decided.
Aid. Yoerg Signs Two of the
Ordinances With a
ProViso.

The fiat has gone forth from the dis
trict court: and Col. Thomas Lowry is,
at least temporarily, curbed. City At
tOrney Holman and his associate coun-
sci appeared before Judge Kelly shortly
after o'clock last night, when they
succeeded in securing an order tempo
rarily restraining the ST. Paul City
Railway company from laying further
track on Sixth. st. Peter and certain
other streets. The order issued by
Judge Kelly is made returnable next
Wednesday morning at 10 o'clock,
when the city railway company will be
given an opportunity to show
cause why a permanent injunction
should not issue. The parties
subject to the order are Thomas Lowry,
c. G. Goodrich. Thomas P. Wilson. P.
f. Barr and the st. Paul City Railway
company. At 5:45 o'clock last night
Deputy Sheriff Hardy served upon Col
Barr two copies of the documents. one
as vice president Of the company and
the other as superintendent OF track
construction. By the order the COM
pany is restrained from laying tracks
on Sixth, st. Peter, South Robert and
State streets. and on West Seventh
street and University avenue west OF
LeXingtOnG the order TO remain in force
and of effect until dissolved by further
action of the court. Three salient points
are embodied in the complaint
upon which the order was issued.
First. it is claimed that the
city railway company has no right or.
authority TO construct tracks or operate
street cars on Sixth street for the rea-i
son that it is main public thorough
fare and should be reserved for generar
traffic. Second. it is alleged that the
company is laying track on st. Peter
street for the sole purpose of preventing
other companies from occupying that
thOrougfare, and that such action is un-
lawful. Third. it is claimed that the
st. Paul City Railway company has no
rights on the other streets named in the
complaint. for the reason that these
streets were acquired by the city and
taken within the bounds of the
corporation subsequent to the grant
ing OF a charter to the company to
operate street car lines in St. Paul. A
sweeping claim is also made that the
company has no lawful right to lay
street ear tracks on any street in st.
Paul. Under the latter allegation the
constitutionality of the cOmpany's
charter will be tested. The whole
matter will be argued in the district
court next Wednesday morning. prob
ably before the full bench, when the
company will either be permanently en-
Joined or the temporary order dissolved
In the event of the latter contingency
the supreme court will be appealed TO.
Col. Barr stated last night, shortly after
Judge Kelly's order was served upon
him by the deputy sheriff, that the COM
pany would not attempt to continue
their work on Sixth and st. Peter.
streets, but that his men would put up,
danger signals TO avoid possible acct
dents. There is every indication that
the streets will remain in the present
impossible condition until next Wednes-
day. at the best