The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-10-20

way company, it's successors or assigns, shall
not be Obliged to run all the cars operated
through to Merriam Park; but only such num-
Der as Is necessary to furnish reasonable
service; said ears, however, to be run at
intervals Of not exceeding fifteen minutes
between cars between the hours of o'clock
in the morning and $50 o'clock in the even
ing, and reasonable service thereafter; the
said double-track electric line to be substitute
ed, built and operated as in this section pro-
vded, shall be completed and in operation
by the 31st day of June, 1885, provided, how
ever, that when said Selby avenue electric
line Is made into an interurban line, if it
ever is, that portion Of said Merriam Park
line extending from Marshal avenue along
Prior avenue to University avenue, may be
discontinued.
Sec. 2. The st. Paul City Railway COM
pany, its successors or assigns, are hereby
given until two years from the date Of the
passage OF this ordinance in which to pave
that portion of said Fourth street and Third
street which lies between the tracks of said
company and between its double tracks in the
manner provided in those certain contracts
heretofore executed between the said St. Paul
City Railway company and the city Of st.
Paul, relative to the paving of said portions
of said Third street and Fourth street, which
said contracts bear date the LIST day of May,
A D. 1895, and the Sd day of May 1885,
Sec. 8. The changes herein provided for,
together with the erection of the poles, and
the construction and erection of devices.
buildings, machinery and appliances, as here
in authorized, shall all be made and done
under the direction and supervision of the
city engineer of the city of St. Paul.
The st. Paul City Railway company, it's
successors and assigns, shall and keep
harmless the city of st. Paul from any dam
age by reason of any of the changes, or the
construction and maintenance of the poles,
devices, buildings, appliances and machinery
herein authorized and provided, for.
Sec. 4. The said st. Paul City Railway
company shall within twenty days from and
after the passage and publication of this
ordinance, file with the city clerk Of the city
of st. Paul its acceptance in writing Of all
the terms, provisions and conditions of this
such form as shall be approved by the cor
poration attorney of said city of st. Paul,
and shall be executed by the president and
secretary of said company, under it's cor
porate seal.
Sec. 5. This ordinance shall take effect
and be In force from and after its passage,
publication and acceptance by said st. Paul
City Railway compny in the manner and
within the time hereinbefore provided.
The resolutions of Aid. Sanborn di-
recting the street railway company
to pave Third and Fourth streets with
asphalt were reported back from the
committee on streets without recon-
nlendation. Aid. Donahower moved
the resolutions be referred back to the
committee to be considered in con-
nection with the letter and ordinance
submitted by Vice President Good
| rich.
| Aid. Kenny said the town was hum
| bugged or hoodooed by the street rail-
way company. The council should do
something or throw up the sponge.
The resolutions, to his mind did not
| go far enough. They ought to include
the boulevarding of University ave
nue. and the operation of a proper ca
BILE line. The company, Mr. Kenny
l. said, ran express cars to st. Paul
! from Minneapolis, and carried all sup
plies used in it's work. The paving
stones which were used on Broadway
We're from Minneapolis, and the men
who did the paving also lived in Min
neapolis. Mr.. Kenny called on the
corporation attorney to know whether,
If the resolutions were passed and the
company did not pave, could the fran
chise be forfeited Mr.. Markham
said after the resolutions had been
passed resembling the contract for
granite paving, the company could be
made, by mandamuS proceedings, to
pave with asphalt. AS to the boule-
varding of University avenue, which
Mr.. Kenny desired to have put in the
resolution, Mr.. Markham stated that
the company claimed that, under
subsequent ordinance, this improve
ment had been rendered void. If the
resolutions of Aid. Sanborn were
passed, Mr.. Markham said he should
consider it his duty to commence man
damus proceedings to compel them to
pave. If the resolutions passed it
would take away from the company
the right to pave with granite block,
which seemed to be the purpose and
desire of the public.
Aid. Lindahl was in favor of dilly-
dallying no longer. The sending back
of ordinances and resolutions was all
foolishness. They should either be
passed or killed. The resolutions might
not go far enough, but if the council
did not pass them 1T certainly could not
pass more stringent ones. AS long as
members of the council were ready to
be dictated to by attorneys for the
street railway company, it would be
impossible to pass any measures not
satisfactory to the company.
There was no second to the motion of
Aid. Donahower for a reference of the
resolutions to the committee and
the Fourth ward alderman withdrew
his motion. The resolutions were then
adopted unanimously, all the ten mem
bers being present.
When the resolutions ofAssemblyman
Albrecht, relative to the street railway
company paving Third and Fourth
streets, came up, a motion was made to
refer them to the committee on streets.
Aid. Lindahl. however, objected and
stated that no harm could be done in
concurring in the assembly resolutions.
He was not sure but that there might
be a niger in the wood pile" if the
assembly resolutions were not passed.
If the assembly should not pass the
Sanborn resolutions there would then
be similar resolutions passed by both
branches and neither would have any
legal effect. He was in favor of clos
ing matters and passing both sets of
resolutions. The roll call showed all
bllt MaSSrS Rall and Shenard in favor
of this action. the vote being z to 2, the
absentees now being Aids Bigelow and
Kenny.
A resolution was introduced by Aid
Kenny reciting that the street railway
company had been carrying freight and
other articles on it's lines while the
franchise allowed passengers only to
be carried. The company was ordered
to discontinue the use of any of it's
lines for all purposes except the carry
ing of passengers. The city clerk was
directed to serve a copy of the reSolu-
ton on the city railway officers and if
the company should not comply with
the terms of the resolution the corpor-
alton attorney was directed to take
steps to compel the company so to do.
The motion to refer the matter to the
committee on streets was lost by vote
of five to five, Messrs. Kaldunski, Ken
n.y. Lindahl, Sanborn and Stutzman
voting against the reference. On the
motion to adopt the resolution, Aid.
Donahower said he had no information
that the company was abusing its
rights by carrying freight. Aid. Kenny
replied that if the company was not
the resolutions would have no effect
The resolutions passed by a vote of sig
to four, those voting against it being
Messrs. Bell. Larsen, Shepard and AL