The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-11-02

Is Granting Any Additional Priv
by the Edison Company Under
It's Franchise Secured I'm 1885,
AIbrecht Opposes the Ordinance.
The committee on streets Of the as
sembly, after three protracted sessions,
decided to recommend for passage a reso-
luton giving the Edison Electric Light
and Power company the right to use
certain streets of the city for the purpose
Of putting in an underground system Of
conduits to convey electric power from
Apple River Falls, Wis.
The opinion of the corporation attor>
ney's office to the committee was that the
permission asked for was a new grant Of
power to the company. That under ordi-
nance TOT, passed in 1886, the company
was given the right to use certain streets
for an underground system. The fact
that on some Of the streets the company
had not taken advantage Of the grant
for thirteen years, the legal department
held, the council had the right to say
the grant had been abandoned and the
company had not the privilege to occu-
py streets which had not been used by
them under the ordinance without
further grant from the council and the
council had the right to impose reason
able restrictions.
Carl Taylor, who appeared for the Edi-
son company, which is now CONTROLLED
by the st. Paul Gas company, argued
that the council did, in ordinance 707
passed in 1886, grant the right to the
Edison company to lay conduits on GER
tain streets, and the present applica-
ton was not an additional grant, but
only request to allow the use of other
streets. The company was of the opin
ion that it would be wrong for the city
to ask for a payment of a gross in.
| come tax annually and that the appica-
ton should be granted on the Same terms
| as that under which the original fran
chise as passed in 1886. In reply to the
opinion of the corporation attorney, Mr..
Taylor said that because the company
did not Immediately lay cOnduits on all
the streets mentioned in the original or
dinance it did not follow there had been
an abandonment of it's rights. The con-
duits were laid as the business grew and
as fast as the public called for an ex,
tension of the conduit system The
rights granted to the company in 1886
became vested rights and any further ac-
ton, either by the Legislature or the
council, which sought to place the rights
under control Of the council did not af-
feet them.
In answer to questions, Manager ELI
son, of the gas company, stated that the
company would have about 1900 horse
power to sell as soon as the current was
brought into the city. The price Of
power was now $120 per year for one horse
power. At these figures the company
would realize about $780, 900 from the sale
Of power, If it was all used. The price
while it had not been determined upon,
would probably be less than the present
rates. 1t was brought out that In thu
entire city there was about 10000 horse
power now used, including all the steam
power. In Minneapolis 27,0C0 horse pow
er was used.
Assemblyman Benson said he could not
vote for the amended ordinance which
had been prepared by the corporation at
torney at the request of the committee
The ordinance limited the time of the
grant to twenty-five years, provided for
the payment of a 3 per cent gross income
tax annually, and allowed the conduits
constructed by the Edison company to
be used by other corporations upon the
payment of proper percentage of the
cost.
Mr.. Benson said he had given the mat
ter considerable attention, and had also
sought the advice of an attorney He had
decided that the company was not asking
for any new grant or franchise except
tina. which it now possessed. The mis-
take, If there was any, had been made
by the council in 1886. and the company
| now possessed vested rights which the
present council could not modify.
ASSomblyman Nelson was of tho sauna
opinion as Mr.. Benson. Notwithstanding
the opinion Of the legal department he
Favored allowing the company the priv
tlege asked, for the reason that the sale
of electric power would benefit the city
and help out the manufacturers. In line
with this idea he offered a resolution,
which read as follows:
Whereas, The Edison Electric Light and
Power company, of St Paul, has been
granted the right and privilege of erect
ting in an underground system for carry
ing electric currents, for the purpose Of
furnishing electric light and power upon
certain conditions specified therein; and
the city Of st. Paul certain additional
electric currents and power and 1t is de-
sired by said city and said company to
provide such route for said poles and
underground system as shall as far as
possible avoid the tearing up and dis
PLACEMENT of the paving of paved streets
Of the city.
Therefore. Be it resolved by the COM
mon council of the city of St. Paul:
That the Edison Electric Light and
Power company, of ST. Paul, be, and it
is hereby permitted, in bringing in said
additional electric currents and power, to
use for that purpose the following named
streets In said city, to wit:
For erecting poles and stringing wires,
Hazel avenue from the city limits TO
Seventh street; on Seventh street. from
White Bear avenue. from Seventh street
to Margaret street; on Margaret street,
from White Bear avenue to Atlantic ave
nue..
For the underground system, Margaret
street, from Atlantic avenue to Arcade
street; Arcade street. from Margaret
street to Sixth street; Sixth street from
Arcade street to Hoffman avenue: Hoff
man avenue. from Sixth street to SeV
entn street; Grove street, from Seventh
street to Eighth street.
Assemblyman Albrecht, chairman or the
committee, said it would be necessary If
the resolution offered by Mr. Nelson was
to be acted upon, to first reconsider the
ordinance which the committee at a
previous session had recommended for
passage. The previous recommendation
OF the committee was reconsidered and
then the resolution presented by Mr. Mel
soa recommended to pass by vote of 5
to l Those voting for 1t being Messrs.
Warner. Nelson, Kirke, Denny and Ben
son. Mr.. Albrecht voted against it. and
stated that he would give his reasons
for his action at the assembly meeting
this evening.
Health Commissioner Ohage appeared
before the committee and advocated the
passage of a resolution, which placed the
collection and disposal of garbage for