St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-08-24

PENDANTS in the actions because they
are the contractors who are prosecuting
the work.
The Great Northern is one of the
compliments, because it is the lessee of
the tracks and property of the Manitoba
company. The latter owns block 80 of
Kittson's addition, having acquired it by
purchase in 1879 from the st, Paul IL
Pacific Railroad company. The title to
block 80 is set up running back to 1875,
when it was bought by the st. Paul &.
Pacific company. The complaint filed
by the railroad companies recites, among
other things, the following:
The city claims that Broadway street
extends from the southerly boundary
of Third street, across block 80 to the
river, and that it and the public have
an easement in lands included In the
limits of such street, If extended, by
virtue of which it has right to take
possession of such land, and locate and
construct supports thereon for bridge
which it proposes to construct, extend
ing from the southerly line of Prince
street, over Broadway street and the
river, to West st. Paul.
Ever since its purchase in 1875 the
Manitoba has been in continuous pos
session and ownership of all of block 80,
except such portion of it as it conveyed
to the union depot. The city has not
been in possession of the block at any
time, or before offered to improve the
street now proposed to be taken.
Lambs island was not formed by ac-
erection, but existed in 1847, at which
time small boats passed between it and
the left bank of the Mississippi river.
The plat of st. Paul in 1854 does not
show that Market, now Broadway, street
extended to the river, nor across to the
island. No street in that place has
ever been dedicated to the city. When
block 80 of KittsOn's addition was ac-
quired by the st. Paul & Pacific COM
pany, the greater part thereof was low
and wet. A trestle was constructed
over it on which to lay tracks, and it
has since been filled up and improved.
Griggs & Foster claim that the grade
of Third and Broadway streets was
fixed by the city ten years ago consid-
erably above the level of the lots. They
filled up the lots and erected a building
for stores, warehouses and offices at
that the changes of grade and other in
cidents of erecting the Broadway bridge
will render their property of little use
and valueless. In both actions 1t is al
legged that the city has no legal author
ity to construct the bridge according to
proposed plans. The plans for the
bridge were gotten up and the contract
let to KlrkwOod & Starkey without the
plans and specifications having first
been submitted to the secretary of war
for his approval. The plans contem-
plated such a bridge as the laws of the
United States would not admit being
built. The height of the bridge is less
than fifty-fve and half feet above
high water mark, and the channel span
not 800 feet in the clear.
1t is claimed that the board OF pubic
works has not submitted to the common
council report as to the necessity OF
the bridge as work of public improve
ment, nor as to the estimated cost, or
whether it will cost more than the
sued, nor whether any property will be
benefited by its erection to the extent
of the damages. 1t is also claimed that
no plan or profile of the bridge has been
filed with the board of public works for
public inspection, and no bids for the
construction of the bridge. its supports
or the subStructure were directed to be
received by board of the public works as
required by the charter. No agreement
has been made by the board in pursu-
ance of specifications submitted to it.
1t is claimed that no proper agree
ment has been made with Kirkland u
Starkey as contractors, and they have
given no bond for the discharge OF their
duties.
The complaints filed set up the mate
rial damaging of the property of the
plaintiffs, and ask that the city be en-
Joined from constructing the bridge as
proposed.
1t is probable that one of the judges
will be applied to tomorrow to grant a
preliminary Injunction in the cases.
City Attorney Holman said last even
ing that he had not had notice as to
when the cases will be set for hearing
on motion to permanently enjoin the
0ifu