St. Paul daily globe., 1891-04-29
Judge Lochpen Refuses to Is
sue a Curbing Contract
Injunction.
interesting Monthly Meeting
of the Board Of Edu-
cation.
Serious and Bloody Cutting
kffray in Northeast Min
neapoiis.
Louis Belts Pleads Guilty and
Gets Nine Months In
Jail.

After the consuming of the whole day
In hearing the arguments in the matter
of the injunction against Mayor VIM
ston and Solon Armstrong, Judge Loch-
ren finally denied the petition, stating
that he was of the opinion that the city
council was completely vested with all
and final rights to do as it saw fit in all
curb and gutter matters. The charter
was plain upon that point. BY mo-
tiOn of City Attorney Russell, Ring Il
TobIn were made parties to the action.
Z. A Campbell insisted that the in
junction be not granted on the ground
that the complaint did not state suf-
ficient ground for action. There was
nothing in it to warrant the issuance of
an Injunction. Among his arguments
were those that the court had no juris-
dlctIOn in the matter and could not be
asked to review the discretion of sub
ordinate body like city council. He
was replied to by Judge Rea. whose
principal argument was that the council
had no authority whatever to change a
material for certain purposes after once
having made selection.
At 10 o'clock Judge Lochren announc-
ed that he would continue the matter
until later day and asked what time
would be required to complete the
arguments. The attorneys thought
about four hours would be sufficient.
The judge proposed Saturday, but City
Attorney Russell opposed on the ground
that the matter was Of vital Importance
and should be settled at the earliest
possible opportunity, SO that work could
be commenced on curb and cutters
before pavements were laid. Judge
Lochren proposed to-day at a. m., but
this was opposed by all the attorneys.
Il. a. Campbell began an argument in
the afternoon. The whole matter in a
nutshell, he said, rested in the discre-
tiOn OF the common council. They had
right not only to alter previous resolu-
tons, but even to abandon them. There
was no fraud charged in relation to the
matter. No damage was done to anybody.
The court had no right to interfere.
lie quoted at great length from the city
charter and substantiated his position
by reading from standard law books.
Campbells arguments were purely
technical. He was followed by Col.
X. Z. Benton, the former city attorney.
AS the general attorney for Ring &
Tobln, and more specifically for Mayor
winston, he lookup the same line of argu-
ment as his predecessor. Where Camp
bell was technical, Benton was more
general ana enlarged upon the points
made by him. He was inclined TO be
facetiouS at the expense of the Oppos-
Ing attorneys, Messrs. Russell and Rea.
He made light of the Importance of the
complaint and petition of S. c.. Gale,
Richard Chute and Samuel Chute
They had not shown where their prop
erty in Plymouth and Central avenues
was. The Parkhurst curbing was char
Rcterized as pretty "slick'' looking, but
not nearly so lasting as the natural
stone.
Judge Rea finished in a lengthy ar
gument, but before Col. Benton could
reply it was O'Clock, and as he rose to
his feet, Judge Lochren gave his de-
cIslon, stating that his mind was fully
made up in the matter.