St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-25
FURTHER ON THE WAY.
The Only Crossings Case Hitch Is

on Account of Sixth Street.
The crossings case came up before
Judge Young again yesterday, and was
moved little falA.ler on the road to set
Element. The principal factors in
the long crossings dispute met
in st. Paul on Friday night and agreed
upon contract. The persons at that
meeting were Receiver TrueSdale and
Solicitor Clarke, OF the st. Louis; and
Vice President Clough and NJ. ID.
Grover. the general counsel of the
Manitoba company, and. after full
discussion of all the various ramifica-
tons of the famous case, a contract was
agreed upon and drawn up, which is
understood to be satisfactory to all the
parties interested. That contract was
yesterday presented to the court for ex-
animation and for signature by tile
parties to the agreement.
The several interests were repre-
sented in court by their attorneys, and
another long discussion of the pro-
visions of the contract ensued. Col. r.
eral changes of detail to propose, and
their discussion took up considerable
time. In the beginning Solicitor Clark
stated that, under the plans OF the con-
tract, the proposed improvements
would cost S142,7l4.10, estimated. some
$1,000 less than the original Judgment.
After some technical observations on
that matter. Judge Young observed that
that matter would have to be left to the
engineers, and afterwards made a part
of the contract finally filed in the settle
ment.
The contract to which the st. Louis
and Manitoba representatives had
agreed provides that the st. Louis shall
abandon its present through track from
point short distance west OF Sixth
street to First street, and its second
main track. as such, from Third street
TO Sixth street, its present passenger
depot; its proposed track from Third
to First street, by which the st. Louis
proposed to secure continuous double
track from Twentieth avenue south to
Cedar Lake; its freight track through
block 81, by which the Manitoba will
secure unobStructed access to its freight
depot from the south. The second pro-
vision of the contract sets forth that the
st. Louis will pay for all the land needed
not now owned by it, and transfer to
the Manitoba road the right to perpetu-
ally use for railroad purposes certain
other tracts of land. The third provis
ION makes it obligatory upon the Man
itOba to construct, in return for the con-
cessions which it receives from the st.
Louis, sixth track from Twelfth street
to a point beyond First street, which
track shall form suitable connection
between the st. Louis tracks from
Twelfth street 10 First street, the right
to occupy and use this sixth track for
all time to be conveyed by the Manitoba
to the st. Louis. The Manitoba will
also convey to the st. Louis the right to
use the fourth ana fifth tracks OF the
Manitoba. conformity with the Mani
entire cost of the sixth track, the
eniarging of the viaduct, the
grading, etc. The st. Louis will also
pay such a proportion of the cost of the
bridges and approaches at Third,
Fourth and Fifth as it is required to
pay by the judgment of the district
court in the case of the city against the
st. Louis. The Manitoba shall also
construct passenger depot on Wash
ington avenue south of the sixth track,
the building to be used conformity by
the st. Louis and the Manitoba. The
passenger business of the ST. Louis will
be handled in the depot by its own en-
ployes, the cost of maintaining the
depot to be shared equally by the two
railroads, and the st. Louis to pay 213
per cent per annum on the cost OF the
building.
When the contract had beenread thus
far. none but the two railroads being
interested in it heretofore, point was
reached where some objections were
raised. The city was now brought into
it's provisions. There was provision
+l,o ooDfro Of which road Tins.
1.-The city of Minneapolis agrees that
that portion of Sixth street in said city
which is crossed by the tracks of the st.
Louis and the Manitoba shall be va
Gated, OF such actions be taken as shall
secure and confirm unto the railroad
companies the right to use and occupy
in perpetuity all that part of Sixth street
crossed by the tracks, without any
bridges or signals or flagmen, and the
uses of the street as a highway was to
be forever Abandoned"
CITY Attorney Russell objected that
he could not enter into any such con-
tract. Attorney Clark said of course
he could not now. but that he could
after the city council had vacated the
street, which would have to be done.
After good deal of argument it was
decided to leave that paragraph until
the rest of the contract had been read.
The city also agrees in the contract
to assume all of the liabilities to conf
pensate property owners for loss at
tendant upon the building of the
bridges, and to hold the st.
Louis free from responsibility.
The contract further promises that the
appeals from the Judgment heretofore
rendered in mandamus proceedings by
the district court against the st. Louis
and the Manitoba. now pending in the
supreme court. shall be dismissed and
the prosecution of writS of error aban-
doned, and the cases be remanded to
the district court; that the judy
ment of said district court shall
thereupon be modified so that the
several acts and duties to be per-
formed hereunder by the said railway
company in grading their tracks and
constructing the viaductS, bridges and
approaches, shall be as hereinbefore set
forth and said judgment shall be so con-
form to this agreement, and the per-
Torrance and execution OF tins agree
ment,so far as the subject matter there.
of is embraced in said Judgment, shall
be commanded and directed by SAID
Judgment so modified. This will also
settle the case now in the supreme
court known as the frog suit"
The contract will be amended in some
minor particulars. printed and then
signed. The city council will probably
consider the vacation of Sixth street at
an early date so that the contract can
be signed and filed next Saturday,
which will bury forever the crossings
matter. With the exception of the
Sixth street hitch the contract has been
agreed to by every one interested.
Contagious Diseases.
Measles were reported Yesterday at