The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-02-03

State ex rel City of Duluth relator. re-
spondent, VS.. st. Paul & Duluth Railway
Company ct al, defendants: st. Paul &
Duluth Railway Company, Northern Pa
cific Railway Company, appellants.
Syllabus-In mandamus proceedings to COM
pei railway corporation to bridge its tracks
where they cross a public street the trial
court upon the hearing OF a return to an
alternative write. issued under G. S. 1894, sec.
5977, may retermine from the evidence what
the desired object, and.may entirely disregard
plans and specifications for such a bridge,
made part of said writ, and may order the
bridge to be construed in accordance with
new plans and specifications. And for the
purpose Of determining the kind of a bridge
to be buiWmay have expert evidence on the
subject.
2. The court has the right to direct that
plans and specifications for such bridge be
prepared by an expert for it's use when max
ing it's findings Of fact And may adopt as
its own such plans and specifications and
may direct that the bridge be built in ac
cordance Herewith.
3. That such plans and specifications are
prepared by an expert in the employ Of the
municipality, which, through its council.
Institutes proceedings to compel the construc-
ton of the bridge, is not valid objection to
their adoption by the court.
A. In the case at bar the court found that
the plans and specifications for the proposed
bridge made q part of the alternative writ,
were too indefinite and uncertain to be a
basis upon which to require the same to be
constructed and then by an ex parte order
directed that the assistant city engineer pre-
pare and submit plans for steel bridge to
be built over the tracks at the place, of a
certain width and le1 9Th. Plans. and speci-
f1cations were made and submitted and were
thereupon adopted by the court, and in
corporated into its findings of fact, the con-
illusions of law being that peremptory writ
should issue compelling and commanding the
construction of the bridge In accordance
which the writ was ordered TO. be issued
were given no opportunity to examine these
plans and specifications prior to their in
corporation into the findings, and In several
substantial respects they were not warranted
by the evidence. Held that it was error to
require compliance with these plans and
specifications, without first giving the corpo=
rations hearing.
s. s. Where a bridge is to be built as a unit
over the tracks of two or more companies
where they cross a street the court should
receive evidence as to the respective interests
and should direct what part OF the structure
is to be built by each company. This is to
be ascertaned with reference to the width
of its easement in and across the street, to
be determined by the width of its right OF
way. Each company should be ordered to
build that portion OF the bridge which will
be over its easement. If private parties are
the owners of strips of land between the
ways on either side of the street the COM
panies owning the adjoining ways must build
so as to connect unless the intervening space
exceeds in width the length of the ordinary
approach each company building half way
from the line of its easement to the line Of
its neighbours easement in the street.
A company having its right of way upon
the outside must build the approach upon
its side.
II tracks or ways are owned jointly the
obligation to build is joint obligation. New
trial granted. Collins, j.
In re Taxes Delinquent. st. Louis County,
State of Minnesota, plaintiff, vs.. West Du-
luth Land Company, director.
Syllabus. In proceedings under the pro
visions OF G. S. 1894, Chapter II, to enforce
the collection Of taxes ON real property re-
naming unpaid and delinquent it is
no defense that the DIRECTORS property
was assessed at more than twice its value in
money or would have sold for in money Nor
is it a defense that such property, suburban
in its character, was SO assessed, and central
business property in the same taxing district
was Systematically assessed at not more than
half it's money value, while intervening prop
erty was assessed from half to its full true
value. The tax payers remedy for official
misconduct of this kind is to appear before the
town or city OF county board of equalization
and there attempt to correct the wrong.
2. S. l.. 1891, Chapter 81, section 13,
which section authorizes the park board Of
the city of Duluth, an appointed body, to an
nually determine the amount of tax to be
levied in said city for park purposes, not ex-
ceeding such sum as can be raised by a tax
of ITO Of l per cent upon each dollar of
taxable property, is not unconstitutional.
8. The provision in said section requiring
the park board to certify the amount deter
mined by it to be necessary to be levied as a
tax to the county auditor before Oct 1
Of each year is, in so far as the time is con-
cerned, merely directory. The certificate here
questioned was made Oct. IA. Held. to be a
sufficient compliance with the statutory re-
Quirement.
T.. The effect of L. 1895, Chapter 2ss, gen.
eral law relating to the issuance of county
bonds was to repeal, by Implication, the pro-
hibition as to any subsequent or further issue
of bonds by the county Of st. Louis found in
$. L. 1877 Chapter g. section 10. 1t was
further legislation on the subject, and there
fore removed the Inhibition.
g. Under the provisions of Chapter 2ss
there was issued by the county above men
toned bonds of the face value of $4,000, and
the board of county commissioners entered
into a contract with broker, In which it was
stipulated that he should receive 10 per
cent off such face value as compensation IN
full for lithographing and printing the blank
bonds and for all sources in connection with
and incident to their sale, including all sums
paid by him for legal advice and services AS
matter of law it cannot be held on these
facts alone that. the agreed compensation was
a violation of section of said Chapter 2s9,