The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-05-20
SHALL COURT INTERFERE?
JUDGE BUM CONSIDERS INJUNC-
TIOX ASKED AGAINST THE
CITY COUNCIL
ARGUE THE POINT
Whether or Not the Action In Pros
pect Is Such as to War
rant judicial Inter
ference.

The hearing on the order to show cause
why an injunction should not be issued
restraining the city council from passing
the resolution granting the Manhattan
company the right TO 800 miles of streets
came up before Judge Bum at special
term yesterday.
There did not appear to be deal of in
terest manifested and. the attendance
outside the attorneys was limited to half
4 dozen Turing the argument.
First Assistant Corporation Attorney
Griggs appeared for the. city clerk and
councilmen who had been enjoined H
w. Phillips represented, the Manhattan
company. and Moritg Helm appeared for
Henry Habighort, the director Of
whose petition the temporary restraining
order was issued. George G. Squires. at
torney for the St.nPauli Gas company.
was spectator. - 40
At the conclusion. of 1.-THE arguments.
which were based foUsandt against the mo.
ton made by Acknowledgements At
torney Griggs to have the5Order dismissed
Judge Bunr Announces that he. would
hand down a decision Monday.
Moritz Helm requested that the re-
straining order be continued, contending
that if il was not the couneil might can
special meetings and pass the resolution.
Mr.. Griggs assured7 Mre Helm and the
court that there wouldn be no special
meetings held pending 1.-THE decision Of
the court or the motion0ro dismiss.
The statement Of Mr.. Griggs did not sp.
pear to suit Mr.. Helm and he again APP
pealed to the court 10 continue the re-
straining order uhtil a decision had been
reached. 7
81 told you, Mr. Helm, said MI. Griggs,
with a rising tone inschis voice, that I
would see that no special meetings We're
held pending the decision of the court On
motion to dismiss the order
Eyes, T know you 1did," replied Mr.
Helm. but you might die suddenly, and
then the council would go ahead ard hold
special meetings, and my client would
prefer, and so would l, th9t the court
continue the order, rather than you
should promise that no meetings will be
held. 9''}e. i aa} no #.'fli;
Judge Bunn'5 eyes twinkled as he in
formed the clerk to make note that the
restraining order would continue in eff
feet until he had passed on the motion
and Mr. Helm appeared satisfied. =
MIR. Griggs, representing the city clerk
and the sixteen members of the council
who had been restrained from passing tho
resolution ever the mayors veto, opened
the argument with a motion to dismiss
the order to snow cause, claiming that
TIE council was exercising it's proper
legislative functions and the court hay
ing no jurisdiction, could not interfere.
Mr.. Helm argued that it was not an eX-
ercise Of legislative power. but that the
council had gone beyond its power given
IN the charter and was attempting to eX.
ercise an administrative function to en-
force an invalid ordinance.
Mr.. Griggs made the point that the
right way for the object6r to go to work
was to enjoin the Manhattan company
when the work under the resolution had
been commenced. r.
Mr.. Helm, in reply, said the legislation
sought to be pushed through the council
was not for the benefit Of the public but
for the benefit of a private corporation.
In the case Of public benefit an injunction
would not lie. but in the case of legisla-
ton for the benefit OF aoprivate corpora
ton there was no question but that az
injunctior was proper. r The courts of
other states had held that grants of The
public streets to private corpora tons were
administrative rather than Legislative.
II. w. Phillips representing the Man
cision on the motion TO dismiss, stating
that the present council would soon retire
from office, and if the court held that
body could be restrained, then it would
be necessary to argue the merits of tbs
case. II, as had been argued, the ordi>
nance previously passed was Invalid, then
the resolution was also, and the petition
ers had the right to commence an action
restraining the company FROM going on
the streets The question of jurisdiction
of the court however, was the only one
10 be considered at The present lime.