The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-10-02
LEAVE THE FIELD CLEAR LFIE MAY Be GRANTED
CORPORATION ATTORNEY sAYs
THAT WITH CERTAIN RESERVA-
TIONS DEAL MAY BE MADE
MUST NOT INFRINGE RIGHTS
Shore Privileges Cannot Be Given
Away, and City Must Retain
Privileges TO Build Wharves
and Docks

The matter of the vacation of the Eevee
TO accommodate the Union Depot company
IN making the proposed enhancement of
the present facilities could not be formal
~ taken up last night by the joint street
committees of both branches of the COM
mon council as but one member of it was
present owing to the excitement, and de-
sire OF the interested parties to hear Mr..
Bryan speak at the Auditorium
Corporation Attorney Markham had
prepared an opinion at the request of the
committee, regarding the right of the
city to dispose Of the levee. Mr. Mark
nam, In substance, holds that the city
may by ordinance, allow the companies
to use the leVee if the shore rights are
retained The opinion in full, follows be-
low.
In an informal way Attorney HaIlam
presented a pfan of the present arrange
ment of tracks and buildings near the
leVee and the proposed changes, which
had been prepared by the Milwaukee
road. Owing to the bend Of the river 1t
was shown that the Milwaukee road
would have larger track room and freight
houses, than under the present arrange
ment. The Milwaukee at the time Of the
suit which the city successfully brought
against the company to recover that Eor-
ton of the levee, claimed that the parcel
stand at present the company only holds
the lease for eleven years longer.
IL the company were given increased
space, and the fee vested in them the COM
pany would net considerable vame from
the city and some 9f the committeeman
thought the Milwaukee ought to turn
over the property facing the levee be-
tween Sibley street and jackson With
this property in nlnd the city would
shortly N.-.lv- Tn, hui,
railway system right I'D to the depot. dis
posing of two birds at one throw.
The one drawback to the scheme seem
ed to be the fact that the Milwaukee,
are not asking anything at the hands of
the city. and while under the new ar
rangement they nigh. be considerable
gamers, still lkey are located now so as
to be Indifferent to any such offer on
the part of the city.
The primary matter of vacat on is ad-
mitted on al! hands. to be a necessity to
the city IS we'll as the Union Depot COM
pany and the question before the COM
mittee seems to have simmered down to
the hows and wherefores and how much
the consideration ought to be, if any at
all.
The opinion of the corporation attorney
saws:
81 think the common council possesses
the necessary authority to authorize the
construction and maintenance of rail-
way tracks over this levee, so long as
such use does not amount to a diversion
Of the purposes for which the levee was
originally dedicated 1 think an ordi-
nance granting to these companies the
right to put down tracks and operate
railway cars upon portion of this 1evee
to be fixed and determined by the ordi-
nance, but reserving to the city the
shore rights, including the right to build
wharves and docks and the right of
egress and ingress thereto and there
from for the purpose of landing and
receiving goods and passengers to be car
ried or delivered from craft plying upon
the Mississippi river, would be eTectual
and valid.
ION the other hand, If the city author
tiles should undertake to grant to these
companies the right to occupy the entIrs
property to the exclusion Of the public
without any reservation which I have
suggested, this would be a plain diver
sion of the property from the purpose
for which it was originally dedicated,
and such grant or lease would be null
and void, and such use could be re-
strained by any inhabItant of the city,
who could show that he was especially
injured in consequence of such diver
SION"