St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-12-31


Owns Is the Burners-seeger
Claims That His Contract Gives
Him the Attachments-Ma
Goes Into Court.
The gasoline street lighting matter
came to the front again yesterday when
City Attorney Chamberlain made ap-
plicatlon on behalf of the city to Judge
Brill, of the district court, for an order
to show cause whyan I'M junction should
not be issued restraining Robert Seeger
from removing from the street lamps
the attachments used i'll lighting the
same. Judge Brill issued temporary
injunction, and the hearing on tae order
will come up next Saturday.
Seeger, who has had the contract for
lighting the gasoline lamps in the city
for the past twelve years, stated at
meeting of the council committee when
the contract was to be awarded to the
Acme Vapor Stove company. that he
owned the burners and attachments on
nearly all the lamps. This statement
was denied by AsSemblyman Lightner,
and copy of the contracts made with
Seeger in 1887 and 1890 were sent for
and ScrutiniZed by the committee. The
committee did not come to any decision
in the matter, although the point, was
made that under the contracts. only the
burners were the property OF Seeger at
the conclusion of his contract. at
session Of the council when the contract
with the Acme company was approved,
Seeger stated that he would nave all the
burners and attachments removed from
the lamps soon after daylight on the
morning of Jan. ]. Jacob Hebron,
manager of the Acme company, at the
same time stated that all arrangements
had been made by the company he rep
resented to secure burners. gasoline
tanks and attachments, and as fast as
Seeger removed his the Acme company
would put others on in their place
Yesterday afternoon, Manager He'll
bron was met as he was. coming from
he Office of the city attorney, and asked
whether the company would be in shape
to light the lamps Monday night. Mr..
Hebron stated that force of l43 men
and twenty-five rigs had been secured,
and the lamps would be all lighted the
same as under the Seeger contract.
The application for the order to show
cause sets up that the city is the owner
OF the lamp posts, lanterns and attach
mentS, and that the only part of the
ontfit belonging to Seeger is the burn
ers. Further, that Seeger has threat
ened to remove the tanks, attachments
and burners from the lamps, and as
these are owned by the city, a tempo
rary injunction is asked for, pending
the hearing of the order to show cause
why permanent Injunction should not
be issued.
Mr.. Seeger, seen last evening, said he
mad intended to remove the burners
from all the lamps and the gasoline
tanks and attachment running from the
tank to the burners on about $500 of the
$500 lamps i'll the city. His contract
with the city, made in 1887 and also in
1880, he said, stated plainly that. the
burners and attachments on the lamps
were and remained his property utter
| the expiration of his contract. The. city
|. owned about 500 of the $500 attach
ments, but the balance were his prop
| erty, the city never having paid for
them. AS an indication of the Justice
of his position he called attention to the
contract just approved by the council by
the terms Of which at the ehd of the
| year 1894 tie lamps, burners and attach
ments were to become the property of
the city. In consequence of the service
Of the injunction papers he would be
Iii. |,
burners from the lamps, but he was
| certain that when the matter was heard
| before the courts his position would be
| sustained.
The contract with Seeger and the city
| made in 1887, and also the one approved
| in 1890, contains the following clauses
in relation to the burners and attach
| ments:
The party of the first part shall sup
| ply all burners necessary and place in
lamps ready for use without expense or
cost to the city, and also such lamps as
| the city may order from time to time.
| Said burners to remain the property OF
said party of the first part, and TO be by
| him removed at the expiration OF the
contract. And it is further agreed that
| at the expiration of the contract the
| parry OF the DfSG part snail denver TO
the city all gasoline lamps now in use,
or hereafter ordered, in the same con-
dition and good order as they now are,
reasonable wear and tear excepted,
which shall be delivered to said
city as its property without any
additional charge; provided, how
| ever, that it is expressly understood
| that SAID party of the second part ac-
| quires no title to and the said party of
the first part is not to deliver the I'M
| proved vapOr burner herein above men
| toned, or any other burner said party
| OF the first part may use in place there
of, or any other attachments to new
lamps ordered during the continuance
hereof which the party of the first part
may see fit to use and provide at his own
| expense, except street signs; nor to any
! attachments 10 lamps, except street
signs. which said party of the first part
has furnished at his own expense from
Jan. l, 1887, to Dec. 81, 1889, and which
have not been paid for by the city,
City Attorney Chamberlain did not
care to talk about the matter further
than to say there was a question whether
the city owned the attachments, and the
proceedings when concluded would
settle the points raised.
Stop at Rietzke's Pharmacy, cornes
SelbY and Western avenues, and buy
| VOur mOrnjDU SIT OEa and cot n oonv cf