St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-10-05
BROADWAY Brio GE FIGHT.
Legal Giants Debate Over a Pub
lie ImprOvement-No Decision.

Judge Kelly yesterday heard the argument
in the causes asking for injunctions in the
Broadway bridge matter. Gen. Sanborn ap-
peared for Griggs g. Foster; NJ. D. Grover for
the Great Northern; C. D. and T. D. O'Brien
for Kirkland & Starkey; o. E. Holman for
the City, and W. P. Murray for Mary Butter
field. Counsel for those asking for the
injunction urged the following points:
The act of the legislature of 1887
authorized the city to issue bonds to the eX-
tent of 5000, 900 for building a bridge from
the foot og Broadway to the foot of State
street If extended. 1t was claimed that
Broadwsy had never been dedicated to the
city at the point where the bridge is to be To-
Gated, and, therefore,, was not in existence.
h act OF 1883 provided that before the
contracts. or any contracts. for the bridge
should be let council should first es-
tablish the grade of streets leading to
the bridge and approaches. and it authorized
the council to condemn lands for this pur-
pose. 1t is commended that at the time the
contract for the bridge was let, the council
had not fixed grades of streets and had not
condemned lands which are necessary to be
converted to the use of the bridge and ap-
proaches. 1t was claimed that the necessary
authority of the United States for bridging
the river had not been obtained, and
that the plans had not been sub
mltted to and approved by the
secretary of war. The bridge, as proposed,
is therefore contrary to law giving authority
to and regulating the bridging of the Missis-
slppl rlNer. IL was also urged tnat the act OF
1889 did not repeal the act of 1887 but merely
increased the authority as 10 the amount of
bonds. That the act of 1889 did not contain
provisions for the condemnation of streets
and land. 1t was argued that the proceed
ings taken to build the bridge were beyond
the powers of the city. The work could not
be done until the right of way had been
secured and the grade of the streets estab-
a right to object to the bridge being built in
such a manner as to injure their property.
They had also a right as taxpayers to object
to its being built, as it may result in the ex-
penditure of money for no purpose in case
the bridge should be abated as a nui-
sance Mr.. Holman, for the city, CON
tended that the application is not an
attack on the power of the city to
build the bridge. but simply calls in question
the manner in which the city goes about it;
that Broadway street extends to the river;
that the act of 1889 repealed the act of 1887
by implication. 1t was claimed that the
bridge is being constructed in accordance
with the act of congress and with the ap-
proval of the secretary of var. Mr.. Holman
declared that the objections to building the
bridge were not mad in good faith.
He thought 1t a hardship to obstruct the work
now. as it is DESTROYS to complete the piers
and abutments before winter begins. If the
Injunction is granted until council estab-
fishes grades. etc., the completion of the
piers before winter sets in will be pre-
vented.
Judge Kelly has taken the matter under
Amusement and will decide the question as
to granting the injunction after having had
tim to examine the law more fully.