The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-29
CITY MUST BUILD IT
JUDGE BRILL DENIES THE WRIT
OF MANDAMUS IN RAYMOND
AVENUE MATTER.
RAILROAD OCCUPIES A GULLY
OVER WHICH THE STREET MUST
HAVE BEEN BANKED OR
BRIDGED.
THE CHURCH CEMENTICO CASE.
Sealed Verdict Returned, Which
VIII Be Opened in Court
Today.
RAILROAD OCCUPIES A GULLY
THE CHURCH CEMENTICo CASE

Judge Brill filed a decision yesterday
denying the application of the city for
peremptory writ of mandamus, COM
polling the Northern Pacific Railway
company, the Minnesota Transfer COM
pany and the st. Paul, Minneapolis &
Manitoba to build a new bridge across
their tracks on Raymond avenue.
After reciting the facts regarding the
first occupation of the various strips
Of land by the railway companies, the
court says that the railroad tracks are
Through the natural depression or ra-
vine in the surface of the earth, the
natural surface Of the ground on each
side Of the railroad properties being
from twenty-five to thirty feet higher
than the natural surface in the lowest
part Of the ravine and being from
twenty to twenty-five feet higher than
the tracks of railroads as laid. The
depression Of the earth at these points
is SO great that street could not be
constructed across upon the natural
surface of the earth, If there were no
railroad tracks, but, in order to con-
struct a street across, it would be
ne cessary to build an embankment of
about ten feet in height, in the middle
of the ravine.
mo street exists or has at any time
existed across said lands and tracks of
said railroad companies.
LAS a conclusion it is determined that
no obligation rests upon said railroads,
or either Of them, to build a bridge over
their said tracks at the place in ques-
ton, and said application for peremp-
tory writ must be denied and the al
tentative writ heretofore issued must
be discharged"
In the accompanying memorandum
Judge Brill says that "the descriptions
on the attempted condemnation pro-
ceedings by the city are too indefinite
and uncertain. If resort is taken to
the plan furnished by the board of pub
lie works, and that is taken as a basis,
in connection with the conditions which
were supposed to exist at that time,
1t would seem it was intended to con-
denim only the two strips outside of the
thirty-three feet, and, if that is cor
rect, the award of damages must have
been made upon that basis.
THE city charter provides that the
city shall take the fee, but it is certain
that the city could not by this con-
demnation proceeding destroy the
right of the defendants to operate their
railroads. fnv aDpropriati ton wade nv
the city would be subject to the prior
public use. and, if the condemnation
were valid, it would not impose upon
the railroads the duty of bridging their
tracks,
Corpora ton Attorney Markham, when
asked what course the city would take
in view of the decision, answered:
IT cannot say as yet whether the city
will appeal from the decision, as I have
not yet even read his honors opinion
All that I can say now is that, if we
should appeal and the supreme court
should sustain the decision, the city
will have to build a new bridge on
Raymond avenue entirely at it's own
expense At present I believe there is
about 900 on hand for this purpose"