The Saint Paul globe., 1897-10-24
TROLLEY In 4 TUBE
THAT SEEMS TO BE THE ULTIMATE
SOLUTION OF THE sELBY
PROBLEM.
SUBWAY CURRENT IN FAVOR.
CoUNCILMEN WANT A BETTER
SERVICE, WHETHER ELEC-
TRIO Or CABLE POWER.
RAILWAY COMPANY IS WARNED
That 1t Must Comply with the Al
brecht Ordinance Beginning
Work Wfthing Ten Days.
SUBWAY CURRENT IN FAVOR.
COMPANY IS WARNED

City Clerk Jensen has notified the st.
Paul City Railway company of the pas
sage Of the Albrecht resolution direct
ing the company to pave Fourth street
and upper Third street between Its
tracks and rails with asphalt, and to
begin the work within the. next ten
days. If the street railway company
fails to obey the resolution, as most or
the councilmen expect, Corporation At
torney Markham is ordered to apply to
the courts for mandamus compelling
the company to do the work.
The company will interpose the two
defenses with which the common coun-
ell is so familiar Ii will contend that its
present cable construction is unable to
sustain an asphalt pavement and that
it is impracticable to pave between us
tracks and rails with asphalt, because
of the slot between rails, and that at
this season of the year. it would be I'M
possible to finish the job before the
cold weather sets in.
In reply to these two objections the
city will contend first, that 1T const1-
tutes no defense to say that the present
construction is insufficient to sustain
an asphalt pavement as under Ordt-
nance 7O4, the street railway company
is bound to pave the space between it's
tracks and rails with the same material
with which the city paves the remain
der of the street The street railway
company at one time entered into an
agreement with the city to pave Fourth
and upper Third street between it's
tracks and rails with granite blocks
o,5oro5 To do ca hU the POI11-
mon council but when the council pass
ed such an order last May, the compa-
ny ignore it, and the council there-
upon declared it ''off. !"
AS for the lateness Of the season, the
city will in the event of the street
railway company making fight, cite
the fact that several blocks of asphalt
pavement were laid in Minneapolis in
the month of December, entirely to the
satisfaction Of the city engineer and
citizens of that city.
A number of the city officials VINO
have visited Eastern cities during the
past few months, argue that the ob1ec-
tion of the company as to the operation
of the line not being possible with as
nhalt pavement between the rails, is
nonsense Those of the officials who
have given the underground trolley
systems in Eastern cities an inspection,
claim that it is but question OF a
few months when the company VIII,
by force of circumstances, the pr1ncl-
pal one being the power obtained from
the Minneapolis dam, change the cdple
to an electric line.
The defense that the present con-
struction of the cable line VIII not
sustain an asphalt pavement, is regard
ed by the corporation attorney as no
defense at all. If the present construc-
ton is insufficient, then the street rail-
way company must put In construc-
tion that will sustain II. Inat IS Col-
noration Attorney Markham's conten-
fion. and in support of it, he cites ordi-
nance 7O4. which requires the street
railway company to pave its portion Of
the street with the same material as
the CITY lays on its portion.
The privilege which the street rail-
way company originally had of putting
down a granite paving was one grant
ed by the council at the earnest solici-
tation of the company, which repre-
sented that it was soon to convert its
cable into an electric line. 1t would be
a hardship. the company said, to be
compelled to lay an asphalt pavement,
when it intended so soon to take out
its cable and establish an electric sys-
tenn. The council reluctantly consent
ed to allow the company to pave with
Such an order was made by the coun-
ell last MAY. The street railway COM
nanV ignored it. Then followed the
AIbrecht resolution resembling the con-
tract and directing the company to
nave Fourth and upper Third streets
with asphalt as required by the ordin-
ance compelling it to pave with the
same. material as the city had paved
its norton of the street.
CORPORATION Attorney Markham will
follow the instruction Of the common
council to the letter, He will apply to
the district court, SO, he said yesterday,
for q. peremptory writ of mandamus
to COMPEL the street railway to pave
Fourth and upper Third streets as di-
rected-to wit. with asphalt between
it's rails and tracks. Mr.. Markham
saws it is difficult to see how the COM
nanv can set up a successful defense to
the proceeding. Having declined to
obev the resolution requiring it to pave
with granite blocks between its rails
and tracks, privilege which it re-
ouested-that agreement was annulled,
and the company could not look to
ANYTHING but ordinance 704, which re-
ouired it to pave between its tracks
and rails with the same material as
the city. paved its portion of the street
The plea that the present hollow
construction under the cable line would