The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-07-31
.EV[E GIANT QUESTION
COMMITTEE ON STREETS CONSID-
Erred 1T, BUT TOOK NO
DEFINITE ACTION
CITY's POSITION DEFINED
Corporation Attorney Markham Sub
mitted an Opinion as to
the Proper Course of
Action.

The COMMITTEES on streets met yesterday
afternoon to consider the proposition
| from the union depot company regarding
| the disposition of the riparian rights be-
tween Sibley and Broadway.
Emerson Hadley, representing the
union depot company, was present, and
made an argument before the committee.
| He contended that as the traffic on the
river is not likely to materially increase,
and that part of the levee desired for
trackage extension has not been used and
probably never would be, and it is to the
| citys interest, in his opinion, to increase
| tie facilities for transferring passengers
| by means of one central depot ana make
st. Paul the point of transferring the
great bulk of continental business. The
union depot is not private enterprise;
any railroad at any time having the
privilege Of entering there by paying its
pro rata portion Of the expenses. 1t is
d public enterprise and should have the
opportunity to expand it's business. He
wished the council to grant whatever
riparian rights 1t had for 135 feet beyond
the present tracks Of the Milwaukee road.
Most ofNthe committee seemed of the
consideration, but that the valuable rights
should be adequately paid for. Owing to
the lneXact nature of the city's rights in
the matter, an opinion was asked and re-
ceived from Corporation Attorney Mark
ham. Mr.. Markham said:
The 'c1ty owns an easement for levee
purposes in the entire tract. 1t owns the
zee to that portion of the leVee lying
south of a line drawn parallel to and
thlrty-eight feet south OF the south liKe
of block Is, ST. Paul proper. 1t possesses
the right, so far as the Union Depot COM
pany is concerned, to authorize the con-
structlon and maintenance of railroad
tracks over any portion of the levee, in
Guiding the right, under certain circum-
stances not necessary to refer to here.
to authorize any other railroad company
desiring to enter the city to operate it's
trains upon the tracks maintained by the
Union Depot company upon this levee.
II the leVee should be vacated, the city
would have a perfect title to this land
freed from any obligation to any of the
ADJOINING property owners, and with full
power to sell or otherwise dispose of it.
The city also possesses the right, with
the consent of the secretary of war to
extend by embankment or otherwise the
levee further into the Mississippi river,
and would become the fee owner of the
fee IN the land embraced within such eX-
tension.
AS to that portion of the levee lying
east Of the east line of Wacouta street
and extending to the east line of Broad
way, the 'propretors of Hopkins addition
to St. Paul laid out and dedicated 10 the
pubic use levee extending from the
south line of blocks and 4, Hopkins adj
ultion to the Mississippi river This is
the land embraced i'll litigation between
the city and Milwaukee company, which
was several times before the supreme
court for consideration, and which was
compromised and adjusted between the
city and the company by ordinance No.
1886, adopted by the council June, 1888.
Under the terms of this he
Milwaukee company is granted the right
to maintain its freight houses and tracks
upon this property for a period of fifteen
years from the date of the passage of the
ordinance; upon the payment of an an
nuaI rental oil $500.
In pursuance Of the terms Of that or
dlnance Judgment was entered by
which it was determined that the city is
the owner of an easement in all of the
lana Tor leVee purposes, and that the Mil
Waukee road has no right, title or interest
therein, except the right to maintain
thereon or thereover its two most north
erly tracks, put in for the purpose of
connecting It's river division with the old
Minnesota ValleW railroad, terninatng,
at a point west of Jackson street The.
Union Depot company has acquired the
title to these two blocks in Hopkins adj
dlt1on, which carries with it the fee to the
land embraced within the portion of the
leVee lying n front % these blocks AS
to this portion of the levee, If it were
vacated, the Union Depot company would
become possessed of a clear title to the
entire tract. extending to the bank of
the river.
city would not have the right to sell this
POI ton of the public levee or to divert
1t to any use. inconsistent with the pur-
poses for which it was dedicated. but 7
think, as to the Union Depot company it
would have the right to authorize the
construction and maintenance of railroad
tracks across any portion of it.
Now as to the proposed extension: I
thlnk this city, with the consent of the
1ederal authorities, might extend this le-
wee for its entire length from Sibley
street to Broadway full Their out into the
river. AS to that portion of the reclaimed
land between Sibley street and the east
line OF Wacouta street, the city would
ing east of the east line of Wacouta
street, the city would have in the re-
claimed the same. rights that it now pos
SeSseS in the portion of the existing leyee,
lying. east of the east line of Wacouta
street.
In accordance with the Suggestions
made before the committee, I have pre-
pared and transmit herewith a resolution
directing this department to make the
necessary application for leave to extend
the levee further out into the river, in
accordance with the diagram submitted
by the city engineer and submitted here
with.
If the consent of the federal authnrities
to the widening of this levee, including
the construction of the necessary en-
bankments in the river can be obtained.
then L think the city. the Union Depot
company and the Milwaukee company
will be able to reach an agreement i1p0n
| terms mutually advantageous to the citv
and to both companies looking to the eX
tension and facilities and the protection
and possible betterment Of the Milwaukee,
companys present position. l refrain
| from making any suggestion as to the
| compensation which the city should re-
cefve or as tooany of the terms or con-
| ditlonS of such an agreement These are
matters to be considered and determined
! by the common council in the exercise of
| a wise discretion upon careful consider
alton of the entire situation.
Gen Flower appeared before the COM
mittee in behalf Of the Union Stock Yards
company If any changes were made he
desired that the South st. Paul stock
yards be granted room for single track
| to facilitate the moving of cattle from
al the Western roads through the little
! throat near the depot to the west side.
He spoke of the immense Importance of
the industry to this city and the city's
interest in building it up. He said the
union depot officials had done their best
in getting the trains through, but often
| they are delayed in spite of their utmost
| efforts. The city could help the industry
without hurting the depot company
The committee took no definite action.
| but adjourned subject to the call of the
! chairman. Meantime a proposition will