The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-02-22
CHARTER is VALID
WABASHA BRIDGE ASSESS
MEINT MATTER
POWER OF EMINENT DOMAIN
Court OverruIes Directors COnten-
ton That Charter Commission
Had No Authority to Confer
Such Power to City.

Judge Kelly filed his decision yester-
day in the matter of the Wabasha street
bridge assessments, So-calIed, the broad
effect Of which decision may perhaps be
best expressed in the brief but compre-
hersive paragraph with which the court
concludes his memorandum in the case
and which reads as follows:
con the whole case / am satisfied that
the present charter of St. Paul is valid. :"
This matter came before the court upon
the application of the city treasurer for
Judgment against the real estate deIin-
Guent upon the assessment for the con-
domination Of lot 4, in block 3D. and lot
4, in block III for the approaches,
piers and abutmentS of the Wabasha
street bridge at It's south end and the
objections of certain Of the assessed
property owners to the assessments. The
objectcrs were about sixty-five in num-
Der.
The court in his order denies the
treasurer's application for judgment as
to lots 1, 2, 8, 4, and s, in block 9,
of Robertson's addition to West St.
Paul, sustaining the objections of Ed
ward Habern an with reference to that
property.
1t is also ordered that the application
of the treasurer as to a number of lots
owned by the Chicago Great Western
road and the objections of that COM
pany shall be continued until the March
term of court upon the one question as
to how much of the property is in actual
use for railroad purposes.
All of the other objections filed are over
ruled, and the application of the city
treasurer is granted in all other cases
except those referred to above.
AS to the DIRECTORS contention that the
charter confers no authority upon the
council and board of public works to
hriuU6S Tor
| piers, abutments or approaches to bridges
the court holds that every bridge is under
the law highway and therefore the
| authority referred to Is unquestionable.
One of the principal poi It's urged by the
directors was that the charter comnlS-
| sion had not authority either to CONFER
| on the municipality the power OF eminent
| domain, or prescribe for this district court
the methods and procedure set out IN the
| charter in condemnation and assessment
| cases. Commenting upon that contention
| the court says that If the point Is Well
taken the city of st. Paul is practically
without a charter, except as it relates to
the police department, which the supreme
court has held valid.
However the court holds that in the
"freeholders' charter of 1900, the com
mission merely recommended TO the peo-
/ pie and the people adopted word for
word what was always before the law as
enacted by the legislature.
AS to the contention that lie commits
SIGN cannot confer upon the municipality
the right of eminent domain the court
says: Neither in the constitution or IN
the enabling act or in any general law OF
| the state is the authority denied to the
| commission to frame charter contain
ing the power of eminent domain ano
therefore the commission was within It's
authority when it framed this charter
consistent with and subject to the laws
of the state, and the people-the source
of all political power-having ratlhed ana
| adopted it the charter is valid.
E. S. Durment. who is attorney Tor a
number of the directors said yesterday to
The GIob e that the case would, With
out question; be carried up to the supreme
court.
Speaking of the decision, Mr. Durment
| said: ut is just about Wat l expected;
! I anticipated that the court would uphold
the validity of the charter and perhaps II
would have been unreasonable to expect
| ANYTHING else think, however, that THIS
suit will bring about changes in the mode
of procedure"