The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-11-15


That portion of St. Paul lighted by
gasoline may be in darkness for the
remainder of the year.
Council action yesterday in reaWard-
ing the gasoline street lighting contract
for 1903 to the Cleveland Vapor Light
company after former contract had
been declared null and void by the SUI
preme court, received a sudden set
back last night
Mayor Smith was served with a tenn
porary injunction at IL o'clock, pre-
venting him from approving the con-
tract, though he had attached his sig
nature and the instrument was in the
hands of the official printer for publ
cation Monday morning.
The injunction was issued by Judge
Jaggard last night at the instance OF
D. w. Lawler, who is temporarily act
ing as attorney for Robert Seeger, pres
ident of the American Development
company. The injunction is return
able Monday afternoon at o'clock.
The injunction was secured by Mr..
Lawler OH the grounds that the coun-
Gil could not award a contract for
lighting the streets for any period
without calling for new bids. He pro-
tested vigorously yesterday when the
contract was let but it was of no
avail.
Robert Seeger, of the American COM
pany, asked to be allowed to bid and
this was refused by both bodies, the
members generally contending that
even if doubt existed the time was too
short between now and the first of
the year to call for new bids, and be-
sides moral obligation existed.
Seeger Is ouizzed.s -as
Mr.. Seeger was aaizzedf i'm lively fash
ion by several of the members of the
assembly as to his desire to enter the
field, the chairman finally having to
interfere in order to prevent the repair
tee from becoming general
Yesterday the two council bodies
concluded their deliberations over the
new contract at 430 o'clock. Half an
hour later an official was. zhet=footing
after thesnlayor land an hour later his
honors official signature was attached
to the proceedings.
This extraordinary haste was for the
purpose of heading off a threatened in
junction from the party who succeeded
in having the original contract passed
upon by the supreme court.
The board of aldermen passed upon
the new contract first fortifying itself
with an opinion from Corporation At
torney Michael to the effect that the
proposed step was all right. Mr.. Mi
chael held that the decision affected
rectified by following the procedure
laid down by the supreme court.
D. w. Lawier Objects.
D. W. LAWYER, appearing for the
Western Street Lighting company,
whose low bid was thrown out in the
original proceedings, objected. He
contended that any attempt to make
new contract without calling for new
bids would be contempt and a viola
ton of the charter. which says that all
expenditures of 5000 and over must be
advertised for.
Robert Seeger, of the American De-
velopment company, sent up the follow
ing communication, and prefaced it
with a statement to the effect that if
his company was given chance to bid
he would guarantee prices 25 per cent
under the existing rate:
Gentlemen-We understand that you
are about to award contract for light
ing a portion of the City of ST. Paul
with incandescent gasoline light during
the remainder of the year 1903, inasmuch
as the city now has no contract there
for. We are prepared to do sucf. lighting
and would like an opportunity to bid on
the contract therefor. We are satisfied
that we can furnish the light cheaper
than any one else. If, instead of award
ing the contract, you propose to have the
lighting done by days work, we stand
ready to make an arrangement with you
to light the city from day to day at rea-
sonable prices, until you let the contract
for the ensuing year as provided by the
charter We are satisfied that under
whatever plan for lighting the city may
proceed we can save the taxpayers a
large amount of money, II We are given
a chance to do the work.
Contract Is Awarded.
All objections were waved aside by
the board and when the vote indorsing
the resolution awarding the contract
to the Cleveland Vapor Light company
was counted the full membership was
found in it's favor.
Following the Endorsement of the res
olution came the approval of the con-
tract as to form, but in the meantime
some of the members, figuring that the
first vote settled the question, had de-
parted. Fleet footed messengers were
dispatched after the missing members.
The representatives of the Cleveland
company also busted themselves, but
their efforts were unavailing. There
were eight present and this number
proved sufficient, being the required
two-thirds.
When the assembly met to give its
approval to the new contract Assem-
blyman Arnold entered objection at
once and started to interrogate Cor
poration Attorney Michael as to the
legality of his stand.
Mr.. Arnold took the position that
there was no contract and that new
one could not be made on the basis of
the original bids. The specifications I'M
der which those bids were received,
he said, called for years service,
while the new contract only named six
weeks as the period.
Corporation Attorney Michael dis
agreed with him and insisted that he
was right. He contended that if there
was any doubt the city was not TAX
ing any chances The contractor, he
said, would be the loser
Case of Necessity.
Former Corporation Attorney James
Markham, who appeared for the Cleve-
land cOmDanV said this was an extra