The Saint Paul globe., 1900-05-18
CITY DADS RESTRAINED
DISTRICT COURT FoRBIDs THEM
TO PASS SAMARITAN COM
PANYSS RESOLUTION
PENDING HEAR1NG TOMORROW
Restraining Order Is ReturnabIe at
the Special Term Tomorrow,
WhensArga aments VIII
he Heard.


To prevent the city council from pass
ing the resolution giving the Manhattan
company free rights in the public streets
over the veto of the mayor, proceedings
were commenced in the district court
yesterday
Shortly after o'clock Moritz Helm, as
peared before Judge fJaggard in chambers
ana hied complaint and affidavit and
asked Tor an order. to be issued requiring
Nlty clerk Jensen and sixteen members
OF the council to appear in court and
snow cause why an injunction should not
be issued.
Judge Jaggard, after looking over the
papers issued, the order to show cause
which is returnable Saturday morning at
a special term of the district court
Inc order enjofns City Clerk Jensen,
Assemblymen Dix, Craig, Denny, Benson,
Alrke and Warner, and Aid. Bloomquist.
knauft DOnahower, Reeves, Bell, Bantz,
Murphy, Allard and Shepard from pass
ing or attempting to pass the Manhattan
resolution over the veto of the mayor
until the order TO show cause had been
heard. The order also restrained the
I1oneer Press, the official paper. from
publishing the resolution officially, in case
it should be passed.
As soon as the order was signed by
Judge Jaggard, it was filed in the clerk of
courts Office and copies OF the same were
duly served on the. members of the coun-
ell.
1t is noteworthy in that Assemhymer
Albrecht and Thompson and Aid San
porn and Kenny are excepted, owing to
the fact that the quartette mentioned
voted against the passage of the resolu-
ticn and consequently were not expected
to vote for the passing of the measure
over the nlay6f's9V veto
The complaint on which the application
for order to show cause was based sets
Gp that Henry Habighorst is a resident
property owner and taxpayer. That the
city of st. Paul possesses no other right,
power authority Except these vested by
the charter. 9hat yhe city is not author
lied to grants aIAy franchise in public
streets for the purposes " hich the rcsn!u-
tion grants Bhat the city has no power
to grant anything except a revooable
license for the use of the public streets.
That the resolution which the council
proposes to pass over the veto of tile
mayor is III express violation Of section
CT the ordinahceJrecently passed by the
council which sraasts to the Manhattan
company the rightsto use certain streets
after he plan andsprofiie have been ap-
proved by the city engineer and approved
by the council That the resolution at
terlpts to empower the Manhattan com
pany to take possession OF all streets
mentioned in what is designated by the
company as plan No. L. without first
presenting plans and protles to the coun-
ell and previously. obtaining approval
from the city engineer.
That in this particular the Manhattan
company failed and neglected to make
application to the city engineer, as pro-:
vfded in the ordinance recently passed.
and in fact the city engineer refused
to approve the plans submitted by the
company, as provided for and ordered
in seci ON 4 of the ordinance.
That the council: III attempting, to pass
the resolution, is guilty of breach of
trust. as the members Were not elected
to give away the use of the streets for
thirty years. That the people at an eiec-
ton recently held by a vote of ll,G0Q to
1000 adopted a charter in which it ex-
pressly provides that no franchise or
exten sion of any franchise for the use
of the public streets shall be granted
w thout the payment to the city of
gross earnings tax OF 5 per cent annual
lv. That the attempt and passage Of the
resolution allowing the Manhattan COM
pany the use of the streets, under its
''Plan No L. is in direct opposition to
the new charter provisions, and also TO
the present law, and that an attempt IS
TO be made to, railroad the resolution
through, agai.Tt the interest OF the CITY
and public l.el cy--
Corits Of the order were served on the
members of the council last evening. and
th. result was that the resolution did
not come before either of the bodies,
action being postponed until the next
meeting. %
Aid Shepard, seen last evening just be
fore the council meeting, said the order
did rot amount to- any thing, as the su-
preme courts Of other states had repeat
edly held that c tX4 councils could not be
eniolned in such matters 1T makes no
difference anyway said the Eleventh
ward represent alive of the people, for
we intend to pass an ordinance granting
the same rights 70 the Edison company
az are asked for by the Manhattan COM
nany. and with a proviso that the Edison
company shall paXsan annual gross earn
ing's tax Of 5 perslCent This VIII force
the Manhattan company, under its ordl-
nance to pay the same tax. and IL
make things all right. The Edison com
panv has agreed to pay d gross earn
ing's tax. and the passage Of an ordi-
nance for them viii settle the q scussion
about the city getting a revenue from
both companies
A special meeting of the executive board
Of the Trades and Labor assembly was
held yesterday evening to consider the
resolution drawn up by the subcommittee
protesting against the Manhattan resolu-
tion. and indorsing the mayors veto. The
resolution was approved and submitted
to the council.