St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-08-10
BRIDGES SAT UPON.
Historic Grove Street Bridge
Scheme Killed by
Judge Kerr.
HE DENIES THE MANDAMUS.
Asked to Compel the Rail-
roads to Build the
Two Bridges.
SUPT. GILBERT EXPLAINS
Why All Teachers Must Be
Had to Carry on the
Schools.
SUPT. GILBERT EXPLAINS

llOn Tor WIFI OF manuaInuS 10 compel
the construction Of the Grove street
bridge. This WAS petition on behalf
of The City of St. Paul against The st.
Paul, Minneapolis Il Manitoba Railway
Company. The Great Northern Railway
Company, The st. Paul Il Northern
Pacific Railway Company. and the
Northern Pacific Railway Company.
After hearing on the application to dis
miss the alternative writ of mandamus,
Judge Kerr has discharged the proceed
ingS for mandamus. The purpose of the
proceeding was to compel the erection
of bridges so as to connect Burr, Grove,
Woodward and Elizabeth streets. and
across the net OF tracks of which the
Great Northern has control, and the
Northern Pacific's eighteen tracks, and
which are i'll constant use by passing
trains, so that suitable crossing can
not be provided without a bridge or pair
of bridges.
Judge Kerr is of opinion that bridge
should be constructed across the ravine
along the line Of Burr street. but it has
not become necessary, and is MT rea
sonable or eXpedent to construct a
bridge as asked for on the line of Burr
| street to join with bridge on the line
| OF Grove street, Such a bridge would
cost from $4,000 to 100000. and would
be too expensive. The ravine is already
! bridged at Sixth street, Seventh street
and Lafayette avenue, besides the via
! ducts at Third and Fourth streets.
| These bridges and crossings are acceSSi-
IA In fFNf I,n, hi al IL,
venient as the proposed bridge. The
| city has not yet established any grades
of Grove and Burr streets where they
cross the tracks. The city has the
right to establish the grades of streets
without compensation in damages to
! property affected, but has no right to
alter established grades except on the
| payment of damage to owners of real
estate.
The proposed bridge was compli-
Gated affair, extending over Trout Brook
ravine. The railroads have filled up
| the ravine. so that it was necessary to
bridge it to extend Grove street. Burr
street runs at right angles, and the in
| terSection of the streets is at point on
the railroad tracks. The proposed
bridge was to run from Grove street
on the west side of the ravine
| and across the raYine to Seventh
| street, and there was a branch
from that bridge consisting of another
bridge on Burr street. which should
connect with the Grove street bridge at
right angles and run north across the
ravlne to the high ground OH Burr
street. The city council ordered the
railroads to build the bridges, but the
! railroads claimed that they were not
necessary, and declined to build them.
hence the application for mandamus
| which has failed to be issued by order
of Judge Kerr.
Following is brief extract from the
opinion:
1.-The construction of the bridge, as
proposed across the ravine along the
line of Grove street, would subserve
the convenience of large number of
the citizens. and, owing to the natural
conformation of the ground and the eX-
pense of securing by condemnation pro-
ceedingS or Otherwise the right to make
the necessary slopes, if fill were
adopted, it would be necessary and
would he the least expensive and most
eXpedient plant to secure Il crossing of
the ravine, along the line. by bridge
such as is proposed in the alternative
writ. Such necessity or eXpediency
is in no manner enhanced
or affected by the occupancy
of the ravine as aforesaid by defendant,
but always existed and will exist, in
dependent OF, and without reference to,
the occupancy Of the ravine by the de-
PENDANTS. 1t has not become necessary
| and = hla tn
construct bridge on the line of Burr
street to join the bridge on the line of
Grove street. The need of and con-
venience that would be Subserved by
bridges so united. as proposed in the
alternative writ would not be commen-
surate with the great expense and cost,
which L find would be from 100000 to
100000, with the additional cost of
maintaining and repair.
The effort to secure these bridges be-
gan over twenty years ago. and was
pushed by such men as John S. Prince,
Gen. Sibley, w. A. Van Slyke and other
prominent persons living in that part of
the city, which then bore the distinction
OF being the upper tendon district.
Some three years ago Aid. Conley took
up the fight, and, devising the scheme
of compelling the railroads to put up
the bridges without expense to the city,
secured the passage by the city council
of measure commanding the railroads
to build the bridges. Aid. Conley's idea
was based on a provision eff the city
charter that requires railroads, when
called upon to do so, to bridge over the
tracks any street crossed.
The railroads met the issue with the
argument that this ravine was case
not within the contemplation of the
charter. The ravine had always been
there and no street grade had ever been
established upon it. We're there nc
railroads RAINING through the ravine ii
would be just as necessary to bridge
the ravine in order to get across it with
teams as it was now. The charter. as
the roads maintained, contemplated the
bridging of the tracks by the companies
| where used and possible streets are