St. Paul daily globe., 1890-10-15
Opponents to Building Broad
way Bridge Score the
First Point. J.
Judge Kelly Decides to Grant.
a Temporary Injunction ID
Against the City. ~
What City Attorney Holman
Has Got to Say About This s
Setback. ~
The Old City Council Stub
bornly Acted Contrary to q
His Opinion.

Judge Kelly has filed orders granting
temporary injunctions in the Broadway
bridge matter.
The orders were filed in the causes of
Grlggs q Foster ct al. and Mary Butter
field against The City of st. Paul and
kirkland d Starley. the contractors.
An order had been previously made re-
quirlng the defendants to show cause
why a preliminary Injunction should
not be issued, restraining them
until the final determination of the
actions. The order made yesterday
is only temporary in character and pre-
vents, during the pendency of this
action. the entering upon Broadway
street or upon Third street where they
abut upon the property of the plaintiffs,
for the purpose of constructing the
bridge. They are also enjoined from in
any way obstructing Broadway or Third
street. as they have been constructed
and are now graded. where they abut on
lands of eomplainants, until the
II determination of this action
The order containS the pro-
viso that the city, through its
proper authorities and according to
law may, Notwithstanding these orders,
proceed to cause the establishment of
the grades of all the streets Intercepted
by or running to or from the said bridge
and ITS approaches or affected thereby :;
and. ii necessary, cause to be con-
demned for public use any property re-
qnired to be taken for the purpose of
the construction of the bridge or its APP
proaches.
The city is also restrained from fur
ther issuing bonds to aid IN construct
ing the bridge, and from further incur
ring Indebtedness for its construction.
Contractors Kirkland d Starkey are
restrained from continuing the work of
constructing, except that they may ap-
ply to the court for leave to secure the
work already done from destruction
from the elements.
The city is also enjoined from paying
out proceeds OF the bonds until the
further order of the court, except that
the contractors may be paid for work
already done. ~
b fore the Injunction takes effect the
complalnants are required to give bond
i'll the sum of $4,000 to indemnify the
defendants. Either party is given per-
mission to apply for modification of
these orders. -.
In memorandum, the court makes
the following observations:
The act of 1887 gave the city council power.
TO issue bonds to the extent of 500. 900, to
bridge the Mississippi river from the foot OF
Broadway, II extended, to the foot of State
street. in West st. Paul, if extended. The
act provided that the bridge should extend
northerly n1l1 only to Prince street. The
suing. the bonds should be first sub
mltied to the legal voters OF the cityo
before contracting for-the bridge The act
also requires the estabiishneptFof the grades
lof ai streets running from the bridge or its ap-
proaches; but no part OF the cost OF changing
the grade of such streets should be paid out
of the bond fund. 1t should be raised by
assessment upon property benefited. In
1889 the amount of bonds was increased 10
S35o.O00. There was no provision for sub
mitting the increase of. bonds to the voters
Both acts provide that the cost of the bridge
above the amount of bonds shall be paid by
assessment upon property benefited.
1t appears that the city has not taken
steps to establish the grades of streets
running from the bridge and approaches
nor to acquire by condemnation the prop
erty needed for constructing the approaches
The city claims that broadway extends to the
river, but admits there is an action pending
with the Great Northern railway wherein
that question is in litigation. Until that
point is settled no right of way can be had
by the CITY. There is also a question as to
the bridge crossing territory already devoted
to railway uses.
This action is brought by owners of real
estate and taxpayers in the city and is in effect
to restrain what is claimed to sbe an unlaw
full waste of The public funds. OF what use
will the bridge be if the people cannot reach
and use it? The reason why the grades of
streets affected should be fixed and the
right of way secured to the bridge and ap-
proaches is apparent
1t is not clear that there has been by any
competent authority determination as
to the cost of the bridge. In case the bridge
costs more than the bonds authorized to be
issued, the excess must be raised by assese-
Inent. This furnishes another reason why
the action of the city council is irregular
and court of equity should restrain them.
The court said there are other points
that might be considered. but, as in his
Judgment the above issues are suffi-
cient to warrant the issuing of the tenn
porary injunction, and he expresses no
opinion Oh the other points.