The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-08-17

Railway company, in May, 1883, en-
tered into an agreement with the city
to bridge 1900 feet of the structure or
University avenue across it's right of
way. One of the provisions of the
agreement was that the city should
build the approaches, stand all eX-
penSe and afterWard maintain the
bridge. Mr.. Markham reported that
there was no formal contract ever
entered into between the city and the
transfer railway company. Mr.. Mark
ham, questioned whether the city had
the right to enter into such contract
with the railroad company, gave
as his opinion that it did. The prop
oSitiOn of the railway company, while
not being formally entered into as a
contract, resolution was passed by
the council and it's effect was that 1t
was accepted.
Mr.. Markham said, if it was the de-
sire to push the matter in the court,
he would go ahead without taking into
consideration his opinion as to the
fact that the railroad company could
not be held for the expense. If the
thing was to be tried, Mr.. Markham
suggested that a proper way would
be to have plans prepared and then
serve notice on the company to make
the repairs. If they refused to do it,
an alternative writ of mandamus
could be applied for and the case
tested.
The committee decided it would be
best to test the question at once, and
as soon as the plans are approved by
the council and the company notified, a
writ of mandamus would be applied
for. All of the other bridges built over
railroad rights of way, Mr.. Markham
said, were in the same position, and
the trial of the case would practically
in ND
A resolution directing the board Of
public works to put stairway on
Chestnut street from a point about 100
feet south of Summit avenue to
point 200 feet north of Pleasant avenue.
c. N. Bell, who represented Mrs. Wild
er, the owner of property on Summit
avenue, informed the committee that
the property on which it was proposed
to build the stairs had reverted to the
property owners. Aid. Bell, who was
present, said the resolution was. passed
by the board of aldermen in order to
protect the rights of the city. Mr..
Daley said the Wilder estate had al
ready fenced in fifteen feet of the
street. The suit, Attorney Bell said,
was brought by the city, and after an
investigation the suit was dismissed,
the understanding being that the city
had lost its right in the street by adj
verse occupation. The matter was,
after some discussion, referred to the
city attorney to investigate and re-
port
The franchise asked for by the
American Telephone company in the
shape of an ordinance allowing it to
erect poles and string wires in certain
parts of the city, was referred to a
subcommittee, consisting of Messrs
Thompson, Albrecht, Dix. Kirke and
the corporation attorney. The COM
mittee will report back the ordinance
with several amendments at the meet
ing of the assembly tomorrow night.
DR.. Stone reported that as a sanitary
measure the stagnant pool Of water at
Edgerton and Sims streets should be
drained. The board of aldermen had
passed the resolution directing the city
engineer to do the work at a cost not
to exceed $25. Mr.. Reardon objected
and insisted that the resolution should
read the board of public works. He
contended that all money spent from
the street, sewer and bridge fund,
should be under the control of the.
board of public works. The committee
decided to pay no attention to Mr..
Reardons protest, and recommend the
order to pass.