St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-02-09
ST. PAUL WINS, YET LOSES
HILLS RAILWAYS DO NOT OWN LOWER
BR061WHY,
VET BRIDGE CAN'T BE BUILT.

AT Best. City Must Condemn
Auditing Railway Property i'm
Order to Build Approach to
Bridge-The Whole Proceed
ings Begun Wrong, and st.
Paul Must Begin Over.
Ihe Broadway bridge matter has been
decided by Judge Brill in favor of the
city. but III such conditions as will
probably defeat the erection of the
bridge. The case has involved questions
OF large public Importance, and over
two weeks was taken up in the trial.
A score or more Of the pioneer settlers
were called as witnesses during the
hearing. The action was begun by the
Great Northern Railroad company and
the ST. Paul, Minneapolis & Manitoba
railroad company against the City of
81. Paul and others. Ali of the prop
efty owners who opposed the building
OF the broadway bridge were named as
defendants To the action, and they aided
the plaintiffs in obstructing the city In
the proceedings against it to prevent
the building of tue bridge. Judge Brill
holds, however, that the city has not
begun its proceedings properly, and
muStresOrt TO condemnation proceedings
10 acquire property for a proper ap.
proacl to the bridge. The conclusions
OF law are that Broadway is a public
street, extending south of Water street,
eighty feet wide, to the tracks of the
Union Depot company. used by the
pialntiffS, and that neither the Great
Northern nor the st. Paul, MINNEAPOLIS
q Manitoba road has the right to the
possession of Broadway street to the
exclusion of the public, except the
SINAI portion thereof upon the westerly
side which is occupied by the end of
plaintiffs building. The city cannot
build the bridge until it has acquired
the right, by condemnation proceed
ings, to interfere with the enjoyment of
the property abutting on the street, nor
until the grades of the streets running
to and intersecting and crossing Broad
way are liked SO far as may be necessary
by reason of the erection OF the bridge.
In the finding of facts, Judge Brill
observes that the Manitoba
was organized in May, 1879. and sue
creded to the rights and franchises oil
the st. Paul & Pacific road and the first
division of the ST. Paul d Pacific road.
The city of st. Paul has been incor-
porated since 1851. In 1852 Charles W.
Borup plated the piece of ground
where the dispute arose, and known as
Kittson's addition, and now called
Brunson's addition. He dedicated
Broadway and other streets to the pub
lie use. In 1854 Charles II. Cakes made
another plat Of the Kittson addition and
the Brunson plat. In September. 1879.
| part of Broadway street was vacated by
the city for the use of the union depot.
The Manitoba road acquired by deed
the right to erect its general office
building extending into part of Broad
way street. The building of the pro-
posed bridge would Interfere with the
access to this office building, and the
noise from the use of the bridge would
Interfere with the use of the building
for the purposes designated, and dimin-
ish its value.
The legislature authorized the issue
OF S35o,Oo0 in bonds for building the
bridge, provided the citizens of ST. Paul.
voted in favor thereof. The common
council adopted a plan for the BRUCE,
and piers for the bridge have been con-
structed by kirkland & Starkey, who
also entered upon Broadway between
Prince street and the river to construct
supports for the bridge. No proposition
has been submitted by the common
council to the board of public works for
the construction of the bridge. aud the
contract with Kirkland & Starkey mas
not been countersigned by the
city comptroller. The grades of
intersecting streets have not been
changed nor established. If the bridge
and approaches be constructed as con-
templated. the grades of State, TenneS-
see and Alabama streets in West St.
Paul will of necessity be charged. The
acts of the Legislature provided for
building the bridge without action of
the board of public works. but do not
give the right to the city to interfere
with private property without con-
domination proceedings, The act of
1855 relative to fixing compensation to
land owners injured by the c0nstrue-
ton of a bridge or change of grade was
repealed in 1887 and the law now is as
it was prior tn 1885, and the decision in
the case of Wilkin against The City in
SO MIMI, 18l, governs this case.