The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-10-01
NO CONDUITS CAN BE LAID EXCEPT
UNDER GROSS EARNINGS
PROVISION
LITIGATION WILL FOLLOW
Ruling of Legal Department on This
Point Is to Be RigidIy
Enforced in the
Future.

Unless it be the Twin City Telephone
company, which is already amenable to
the stipulations of the new charter, not
another foot of underground con-
duit of any character will be permitted in
st. Paul until the petitioning corporations
either acknowledge or comply with the
per cent gross earnings of the new
charter, or their rights in the premises
have been decided by the courts. The
legal department is responsible for this
new departure and has decided to press
the innovation until its rulings are con-
Strued otherwise
The companies that would be affected
In case the legal department is held cor
rect In its position include the Western
Union Telegraph company, Northwestern
Telephone company, Manhattan Lighting
and Heating company, ST. Paul Gas
Lighting company, Edison Electric Light
and Power company, American District
Telegraph company, National Clock
company and the National Conduit COM
pany. According to the point made the
granting of any ordinance for the COM
panies named, giving them further I'M
derground conduit privileges will make
each amenable to the requirements of the
new charter and necessitate compliance
with the per cent gross earnings tax.
What each would be compelled to pay
ly conjecture, but it is conceded that it
would be heavy
The enforcement of this particular sec
ton of the charter is really responsible
for the suit now pending before the dis
trict court in which the Northwestern
Telephone company asks that the city be
permanently enjoined from summarily
removing certain of it's poles and equip
ment in the Hill district
In TO ! I,
the company was ordered by the council
to remove its wires on certain streets or
suffer their removal instead by the en-
g1neering department In order to serve
It's patrons, the company was given per-
mission to come before the council and
ask for underground privileges It was,
however, given to understand that when
the underground privileges were granted
1t would be amenable to the new char
ter. AT this the Northwestern baked,
and it is now up to the courts to de-
eide, not only the company's rights to
the streets, but the contentious of the
legal department that all street privileges
now must be in accordance with the
charter. Previous franchises it is held,
do not bar the imposition of the new
act
At the meeting of the assembly COM
m1ttee on streets yesterday a request
was received from the Edison Electric
Light and Power company for permits
sion to lay conduits on number of
streets in order to provide for the re-
moval of existing overhead wires, but
at the request of Corporation Attorney
Griggs it was referred to the legal de-
partment for investigation. Petitions
from other companies were treated in the
same manner
The corporations affected, it is un-
derstood, will make stiff fight against
what they consider their rights and tor
the present the action of the department
will have the effect of holding up sew
eral proposed new conduits The fran
chise under which the gas company and
the Edison people are at present oper-
ating expires in 1907.