St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-06-23
LEGAL OPINIONS.


given any written opinion, but 1 have
told the council committee OH railroads
that the council has the right to grant. a
franchise to Anderson, Douglass Il Co.,
and it is the duty of the council if this
is done to'see that the city is Identified
from the cost of establishing in the
courts the right to grant the franchise,
and that bonds shall be given that the
cable lines, for which fran
chise is asked, shall, be built.
| understand that Anderson, Douglass
K Co. are willing to meet both re-
quirements. The ordinance granting to
the Minneapolis Street Railway conf
pany the right to use the streets as di-
Iected by the council standing alone is
very broad and general, but section 4
qualities it by saving that either animal
or pneumatic power shall be used. In
ordinances of that kind the. terms are
most strongly construed against the
party acquiring upon the principle that
the rights of the people as a whole
must be protected as against
the Individual, and a stricL construction
of the ordinance limits the street rail-
way to aufmaFor pneumatic power. The
council obviously would have no right
OR electric power OH its lines, and the
contract between the city and the COM
panY should be mutual.
|. NJ. A1ller-I think from casual
reading of the. ordinance that the street
railway company'S- franchise is con-
fined to pneumatic or horsepower. 1t
an exclusive franchise should be grant
ed company to- erect observateries for
viewing the surrounding country to
which people would be carried by means
of elevators, don't think that franchise
would prevent another franchise being
granted to allow balloons to- carry people
to the same height from which the
same view would be obtained. :
judge NJ B. Keon-I am an attorney
for the street railway company, and do
not care to give an opinion, but will
say this much: The Minneapolis Street
Railway company has the exclusive.
right to build and operate street rail-
ways In the city of Minneapolis, and
means to maintain it.
j. F. McGee-If the city charter has
not been amended since the date of the
Lowry ordinance the city council Isl
without power to- grant a-francMSe to
operate street railway to any persel.
The Lowry franchise was void for want
of power in the council to- grant it and
remained in that condition Until the
legislature, by curative act, gave val
Edity to the ordinance. This has been
expressly decided by our supreme
court in case in which the rights
OF the st. Paul street railway
company were fnveIved. In that ease,
IN which the facts were exactly the
same as in the Minneapolis Street Rail
way company, the supreme court held
that the acceptance OF the terms Of the
ordinance by the street. railway com
pany created contract which IegisIa-
ton cannot impair. 1t seems to me,
concedIng that the council has the
power to grant the privilege of operat-
ing street railway to Anderson Doug
las & Co., that the only question is
whether the Lowry franchise covers a
cable road, and that is very doubtful. :.
R. B. Forrest-As a matter of law,
there is no question: better settled by re-
cent decisions of the courts than that
the Minneapolis Street Railway COM
pany, if it has any exclusive rights at
all in this, city, such exclusive rights are
limited to the use OF horses and pneu-
matte power. The city council might
grant franchises for the use OF cable OF
electric power.
A. T. Ankeny-I do not expect to see
any conflict IN the cable projects. The
city attorney has expressed the opinion
OF every well-Informed lawyer that the
city council has the right to grant a
franchise to- Andersen. Douglas u Co.,
If it wants to do so. While the pres
ent street car company may
have an exclusive right ON the
streets it now occupies, 1T surely
has no right to act the dog-in-the Manager
policy as to the hundreds of either
streets which 1T does not occupy. be-
lieve the time has come for at least one
more company, ana In very short time
there will be still room for others. The
modern idea of city is very different
from the idea even a hundred or fifty
years ago. Then everything of necessity
was confined to one center. But quick
transportation has revoIutionized the
old theory. 1t has annihiIated both time
and space. With the cable or electric
lines, the suburb of two miles away is
as convenient as the twoor three blocks
i'm distance twenty years ago LOOK
for tile strongest deveIopement the city
has ever seen with these enterprises
completed. A vast territory now
lying as dead capital. will come
into market, and treble our taxable
area. 70 will provide remunerative labor
for an army OF men, and be equal. if
not greater in its effects, than would be-
the erection Oft large manufacturing
plant. 1t will make cheaper homes,
give purer air, better drainage, grander
scenery. and in every way advance the
best interests of oureity and its people.
L do not see that Mr.. Lowry needs any
authority from the city council to re-
place the motor by a cable lime. The