St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-04-23
It Rejects the Famous Meas
ure Affecting the Com
pany's Vested Rights.
Only an Octave Of Votes Cast
in Favor Of the
Bill.
This, says Col. Barr, Breaks
the Backbone Of the
Strike.

The only bill to call forth any debate
in the senate yesterday was that repeal
ing the act validating the city ordinance
granting q franchise to the st. Paul
CITY Railway company. There was
good fight over the measure. which has
created the only division this session
between the Ramsey senatOrs-Mayor
Smith and Albert Scheffer. During the
dav some hard lobbying was put in,
both for and against the bill. 1t was
after / o'clock when the bill was
reached. and Senators Scheffer and
Smith simultaneously rose from their
seats. The mayor gave place to Mr..
Schefer. who remarked that while the
Ramsey delegation in the senate did not
agree on this bill. the city council and
chamber OF commerce were unanimously
In favor OF its passage. Ninety per cent
OF the citizens of st. Paul were desirous
that the measure should be
adopted. The bill did not owe its
birth to the trouble which had arisen
between the street car company and its
emDlOYeS. as Ii was introduced IN the
house March Is after ii had been car
Tied for some time in the pocket OF one
OF the Ramsey delegation. The bill, If
passed. would not abridge the rights of
the street railway company: it merely
took away from il permanent and eX-
elusive right on all the streets OF the
city. as they now eXlsted.and were add
ed TO from time TO time. If the bill
passed. the city authorities would have
some control over the company: at
present they had none. He had been
approached by different classes-fTom
the poor man to the very best and most
progressive citizen OF st. Paul-and
they were all unanimous in favor of
this bill.
Nj DuIant-Whowas IL that gave the com
p8ny this permanent night OF way over the
streets OF s.. Paul:
Nr. Scnener-Ihe CITY council passed an
ordinance giving this right of way 10 the
street car COM pauy. At the ilme the matter
went before the courts ana Il was declared
unconstitutional. In the year 1881 constl-
tutiOn2l amel dment was passed IN THIS state
prohibiting the issuance OF further private
charters: ana IN 1883 the legislature en-
acted q law validating the Invalid and illegal
law OF the city council OF ST. Paul. Later on
when the question came before the supreme
court thar court declared that, while the
city council had no right 10 issue perma-
nent charter. the act OF the legislature legal
ling the charter made II perfectly valid. !
am not q LAWYER LOT versed al ali III the law. -
added the senator. but II seems 10 me little
queer that an invalid act can thus be declared
e valid one
Mr.. Durant was OutspOken in his Op-
position TO the bill. arguing that II the
franchise were repealed death blow
would be struck at the commercial sta
bility OF the state.
You come and ask rs TO do a thing which
you know Is wrong; and am surprised 10
see senator upon THIS floor advocate the
breaking OF Il contract upon which corpO-
ration has launched its capital
Mr. SCEedeT-I believe citizens OF st. PAU
have the same rights as the corporation.
Mr. Durant-I am senator on THIS nooI
and 1 intend 10 say what l think. The
prosperity OF our commercial trade must
stand or 1all upOI This bill.
Mr.. Smith replying. SAID he seemed
to very much mistake his constituency,
if ali that Mr.. Schetfer said was true
He represented the most pOpulOuS anG
wealthy portion OF st. Paul, and not q
single citizen OF his constituency had
asked him 10 speak TO repeal the street
car franchise. Mr.. Lowry took hold OF
the franchise when the company was
bankrupt. and he had given St. Paul a
good street car service. 1t was not
perhaps. as good as they would like.
but lines had been placed on every I'M
pOrtant street of the city. Mr.. Lowry,
though a resident OF Minneapolis. had
shown himself more publlc-spirIteC
than any man in ST. Paul. He was now
engaged in an enterprise for the gGOC
OF the city. neeessiJating an expendi
ture Of $500, 600 or 5000. .000. not one dol
lar OF which was raised by st. Paul
Mayor Smith added:
i characterized this bill as an outrage a
the start. and consider II so now. did no
understand that the chamber OF cOmmerct
asked the legislature 10 repeal this franchise
If il did I never heard Of it
MT. ComptOn-TheTe IS no safety TO capi
talists investing their money in corporation
# one legislature upsets what another ha!
done.
Nj KellaT-I say il is outrageous, and WI
ought 10 stand by this franchise.
Mr.. Durant TO Mr.. Schefer)-What IS
vested right:
Mr.. Scheher-The bill was referred to the
judiciary committee Oh the score of veste'
rights. 1t settled The question by repOrtin:
IN favor OF the measure.
Mr.. Ward-By what majority?
Mr.. Scheffer-Just one. We may tell tn
truth This measure is not personal one
The citizens do not propose to take anythin
away from the company accept this eXclU
sive right 10 the streets. We merely wish. !
necessary, 10 let other companies come int
The city.
Mr. Ward-If YOU repeal this franchise yo
farm. deny your right TO do il. and it can
comes q vested right, and no legislature ca
repeal il.
After more colIoquy. vote was takel