The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-09-17

me company claimed that the city
could not build the bridge until proper
CONDEMNATION proceedings for the land
20 ne USED had been commenced, and,
aLCer TINS was done, it would be nee
established. ~'e u ID way
When the case was tried in the dis
trfct court, before Judge RriII es IN
the ownership Of Broadway south ~
Inlrd street, the court held that Cases
plat was the one under which the land
was purchased, by reason of Rrunson'
plat not being properly recorded Ths
Case plat showed that Broadway ex-
tended to the river, and the court held
that the city owned a street eighty
feet wide from Third street to the
river.
Inc supreme court reversed the de-
clsion in part by allowing the city only
SIXTY feet from Third street to the
river and action was now pending In
the supreme court as to whether this
Sixty reet belonged to the city or the
company. This case, Mr.. Grover stat
ed, would, in his opinion, be decided
against the city. The city, however.
was In the position that, If it built the
orldge' it must first change the grade
on broadway. Damages must also be
assessed and paid for the property
TAKEN and, in the case Of the compa-
ny TO say nothing Of the other prop
erty IN the neighborhood, the damages
would be large. The question was, who
would pay for the damages; certainly
not the city in general
=, When this question was settled
there was still left the ownership of
the land in dispute. There was an
even chance that the company would
WIZ the suit, and the burden on the
LaAPayers' II the bridge was built,
would be in the nefghborhood Of $780,
OOO more than the sum which had been
expended to date.
If the bridge was built the Great
Northern office building would have to
be abandoned, and the proposed build
ings on the block bounded by Third
Rosabel and Broadway and the union
depot property would also have to be
abandoned.
In view of these facts he advised that
the city was giving up nothing but liti-
cation and trouble in entering judg-
ment in effect that Broadway south Of
the south line of what was formerly
water street was never a public street,
and that the title in fee was in the rail-
way company.
AS to the second claim, Mr.. Grover
went into the inducements held out by
the city to the various railroad COM
panies in 1880, which resulted in an
agreement or contract being made Aug.
%, 1880, between the city and five Of
the railroad companies to the effect
that whenever it was necessary to
bridge over or tunnel under tracks Of
streets previously open to travel the
railroad companies were to build the
bridges. the city the approaches, and
the city was after that to keep the
same IN repair. This contract was
signed by representatives Of five rail-
roads and filed in the Office of the city
clerk, and for seventeen years was con-
sldered both by the city and the rail-
road companies as binding and in full
force.
When the recent proceedings to
compel the Great Northern and Omaha
companies to repair the Westminster
street bridge was commenced in the dis
trict court, the city set up the plea that
the contract Of 1880 had never been
signed by the officers of the city and
was not Of force. The companies had
proved that the contract was executed
on behalf of the city, and were now
able to show that 1t was properly
signed by the mayor and other officials.
What was asked in this connection
was that the city go to the courts and
admit the validity Of this contract,
which had been Of force and in force
for seventeen years, and was recog-
niZed both by the city and the several
companies.
AS to the third claim, the acceptance
by the city Of the Dale and Jackson
street bridges, Mr.. Grover explained
that in July, 1884, the company, under
the contract of 1880, agreed with the
city to bridge it's tracks over Jackson
street. 1t was decided that a wooden
bridge with a roadway twenty-four
feet wide and two eight-foot sidewalks
should be constructed, the structure af-
ter eight years to be substituted by an
other bridge Of iron.
Mr.. Hill, however, decided that 1t
would be better to have an iron bridge
TO start with, and accordingly the pres
ent structure was built with a roadway
of thirty-twO feet and two siX-feet
sidewalks No acceptance on the part
of the city had ever been made, and
neither had there been any acceptance
of the Dale street bridge. What was
asked was that the city should accept
both bridges under the contract OF
1880.
AS to the fourth claim, relating to the
Rice street bridge, which has not been
accepted by the city, although it was
built by the company at the request OF
the city, and under the contract Of 1880,
Mr.. Grover admitted that a new bridge
was needed or the present one should
be repaired. When either Of these
DIOpOSlllODS Hdu Dt6I dLLSIIuGu " N4lO
company wanted the bridge accepted,
as under the contract of 1880.
AS to the fifth claim, in the matter OF
a bridge across the cOmpany's tracks
at Raymond avenue, the courts had
held that the company was not re-
quired to construct the bridge. If,
however, the city desired to build
bridge at Raymond avenue. the com
pany would allow the city to locate
supports, with the approval Of the en-
gineer of the company
As to the sixth claim, Mr.. Grover
contended that all the streets south
Of the line Of Third street, between
Broadway and KittsOn streets, had
been vacated across the grounds Of
but a stub of each street if they were
extended between the railroad tracks
and Third street. In case the portion
Of these streets were not vacated at
some future time action could be COM
menced and the erection of buildings
stopped on the ground that the streets
were still open and had never been
vacated.
AS to the seventh claim, the passage
Of ordinances and resolutions which
would provide that no new streets
should be opened or laid out across the
land Of the company at Dale street,
Mr.. Grover argued that if the new
shops were located there the company
did not want any streets opened or
bridges ordered built over the struc-
lures.
AS to the eighth claim, Mr.. Grover
admitted that the company was obig-
ed to build a bridge over It's
tracks at Smelling avenue. It
was noticeable fact that
whenever the city built bridge the
roadway was always about twenty feet
wide, but when the railroad companies
II