The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-02-28
WITHOUT PAYING FOR SAME.
ATTORNEYS SUGGEST A SHORT
TERM LEASE las 4 COMPRO-
MISE.
AID. KENNY ASKS SOME QUESTIONS,
Suggesting That the Summit Avenue
Bridge Is Not i'm the Contro-
versy.


company regarding It's rights to oc-
cupy the portion Of the levee upon
which their freight house stands. F..
w. M. Cutcheon, special counsel, and
W. H. Norris counsel for the Milwau-
kee road, were both heard.
Mr.. Cutcheon spoke first. He re-
marked by way of introduction, that
the records Of the courts showed that
the ownership Of the property had not
been determined. The city and the
Milwaukee Railroad company ought to
come together and agree to an ar
rangement that would yield a profit to
both. The subject should be treated
as matter in controversy, not as a
matter settled. If the railroad compa-
ny were defeated in the lower court,
it must go to the supreme court and
possibly to the United States supreme
court. The possible saving Of expense
by avoiding further recourse to the
courts ought to be an tnducement to
both parties to withdraw the suits and
settle the controversy out of the courts.
Mr.. Cutcheon reminded the committee
that the expenses and liabilities al
ready incurred were far from small.
Mr.. Cutcheon then proceeded to
trace the history of the property in
dispute from 1916 when it first came
into possession Of Louis Robert.
Asked why boats did not land at the
cOmpany's freight house, Mr. Cutcheon
said that the city had permitted the
most serviceable and convenient place
for the landing Of boats to be monop-
O!iZed by the Bethel boat.
fn no of ioQ
ton, Mr.. Cutcheon cited the testimony
of Col. Mckenzie, who once had charge
Of the river improvements, to the effect
that it was the purpose of the govern
ment to make the channel narrow and
deep, and to carry the channel farther
out below Sibley street.
Mr.. Cutcheon declared that there
could be but two possible decisions in
the case. If the courts should hold
that the railroad company should va
cate, then the property could be used
for no other than levee purposes, and
ultimately be fit for nothing but pas
turing or snipe shooting, but if the de-
cision were in favor Of the railroad
company then the company would con-
tinue to use it for railroad purposes. II
the decision were in favor Of the city
and the river traffic should revive the
property could be used for levee pur-
poses, but, otherwise 1T would be of no
value and would be idle forever.
Mr.. Cutcheon contenaed that If the
Milwaukee road were not located
where it is the city would be willing TO
give fifteen times as much to have the
road come in here. The city would
gain by voluntarily allowing the road
to remain there. The wholesalers
wanted the freight houses to remain
where they are. N1:
At this point Chairman Kenny asked
Cnto no 10 he,
interest Of the Milwaukee road to pay
the city 1 per cent. or $4,000 per year.
rather than be obliged to remove their
freight houses below Broadway.
Mr.. Cutcheon replied that if the road
moved its freight houses below Broad
way. it would carry just as much
freight to and from st. Paul, but the
merchants would have to bear the
increased expense in the shape of haul
ing charges. 81
On the assumption that the city
should demand compensation, Mr..
Cutcheon called attention to the offer
Of the railroad company to build an
iron bridge on Summit avenue at cost
OF $28,000 The road also offered, Mr..
Cutcheon said, to donate 20-foot strip
of land now unplatted and adjacent
to the lower end Of Broadway, thus
widening it to 80 feet.
Mr. Kenny said that in his opinion
the Summit avenue bridge ought not
to be considered in the case. If the
people who lived on the hill, and parti-
cularly ON Summit, avenue, wanted a
new bridge, they could pay for it them
selves, if the Milwaukee railroad COM
pany should not build it,
Mr.. Cutcheon declared that If the city
had any title to the land, the railroad
company couldn't claim 1t by reason
Of adverse possession under the statute
of limitations. But If the city would
concede the rights and privileges that
the road asks for, the road would con-
cede the title to the city.
Mr.. Norris at this juncture announced
that it was immaterial whether the
rights conceded to- the city by the rail-
read company were defined by Ordi-
nance, contract of judgment
Mr.. Cutcheon. in conclusion, said
that when in 1861 Louis Robert gave
the city a quit claim deed to the levee
property, he had in reality no title to
convey as the fee to the levee belonged
to the owners of the abutting property
which had passed out Of Roberts
hands in 1853. 80 *-'
w. H. Norris declared that the road
felt that the rent required by the city
should be only nominal The ware
houses were used solely for the bene-
fit Of st. Paul. Forty-two per cent of
the goods received in and sent from
ST. Paul were carried by the Milwau-
kee road. ANY figure we would agree
to pay as rent, must be nominal,-not
anything like the figures that have
been mentioned here tonight" said Mr..
Norris. eff Mr.. Horns dream about
the future Improvement Of Mississippi
river navigation were a solid sub
stance. and I don't think 1t is. the
situation would not be changed. The
diminution Of river commerce is due
to the choice of the people" Mr.. Nor
ris argued that the goods manufac-
tured in ST. Paul were not shipped
down the river,s but rather to the
West and Northwest The Mississippi
river did not run in that direction,
however. There were no available
streets leading from that region up
into the city except Sibley street,
which was the artery for steamboat
business. The Milwaukee warehouse
would not interfere with such traffic
There was no earthly chance Of the
| tracks and warehouses interfering with
any practical use which can be made
of the river front. Further Mr.. Norris
said, lease of fifteen years would
not under any terms be acceptable.
| The road. however would accept a
proposition for a lease of twenty-five
years and a renewal for twenty I've
years on condition that the city did
not need the property for actual levee
purposes at the end Of the first twenty
FIVE years.
The committee then adiourned until
| rext Friday night atu7 :90 when Mr..