The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-03-01
WILL DEMAND OWL
CARS ON ALL
LINES
Partial Compliance With Or
dinance by Street Car Com
pany Arouses Protest and
Measures Will Be Taken
to Secure Enforcement of
the Law.

The apparent determination or the
ST. Paul City Railway company to OBJ
serve the "owl car" ordinance only in
as far as it sees fit, and in a manner
best suited to its own interests, is
likely to result in an appeal to the
courts.
Orders yesterday were given to Cor
porat1on Attorney Markham by AS
semblyman Schumacher, the author of
the "owl car" measure, for the draft
ing of a resolution instructing the le-
gal department to ascertain If the
company intended to comply with the
ordinance in it's entirety, and, in the
event that the answer was not salts
factory, to bring mandamus proceed
ings Immediately. This resolution will
be introduced in the assembly by Mr..
Schurmeier next Thursday, and the
approval of the members asked. In
the event that either body refuses, AS
semblyman Schurmeier announces that
he will then proceed as a private citi-
zen and bring proceedings himself.
The schedule announced by the
street car company of the all-night
service, taking in, as 1t does, only six
lines of the fourteen that 1t has au-
thority to operate, had hardly become
public property yesterday before the
city legal department. and the mem
bers of the council who have fathered
the innovation were deluged with COM
plants and protests from those whose
districts had been omitted.
Schurmeier VIII FIGHT.
There's a few kicks for you" re-
marked Assemblyman Schumacher, the
original owl car man, as he sat die
tating a resolution of inquiry for the
assembly meeting next Thursday
evening. He held up to view a bun
die of letters.
Got that bunch at noon today, and
I have more at home, he added. Il
understand that some Of the others
have got few kicks, too. Well, 1t
stands this way with me. I'm not go
Ing to be unreasonable, but l intend
to find out if the company intends to
obey that ordinance. Nobody is ever
going to quarrel with the company for
it's failure to run the union depot loop,
or some other similar stub line, but
six lines out of fourteen is too much
like slap in the face. If the council
will not help In this matter, then I'll
I'll hire my own lawyer. I won't lack
help, I'll assure you. I don't think,
however, that I'll have to adopt that
course. I understand there are others
in the council just as indignant about
this matter as 1 am"
Evidently inspired with g. philan-
thropic feeling for the cabmen, the
company has left the hill district en-
tirely out of the all-night schedule.
Dayton'S Bluff is served likewise, and
as to Hamline and the Jackson street
and Mississippi street districts, the
company seems to be under the i'm
preston that they are not inhabited
by persons who would need a late car.
No complaint seems to prevail against
the omission of the Union depot loop
line and certain others, but the omis-
sion of the Selby, the jackson, the Ma
ria, the Rondo and the Mississippi lines
is causing roar of protest.
Ordinance lie Legal.
First Assistant Corporation Attorney
McDermott says that the ordinance
calling for the new service Is a valid
exercise Of the city's police powers,
and the ordinance under which the st.
Paul street car system Is operated. The
matter was thoroughly investigated be-
fore the measure was prepared and
Mr.. McDermott says the department Is
confident that 1t will hold If legal In
PREVENTION is ever found necessary.
ut is not a question Of does it pay"
said Mr.. McDermott yesterday, but of
the convenience of the citizens Of st.
Paul. The Union depot line does not
pay, and there are times during the
day when there is a loss on other lines,
but that would not be a valid excuse
for the company to act on in with
drawing the Union depot line or any
other line it desired.
'It must be shown that the city, in
exercising its authority, is doing an i'm
placable injustice to the company. That
Is for the courts to say in this. case
1t isn't case Of does it pay2' but does
public necessity demand ftp"
There has been some talk Of giving
the street car company aid by elimi-
mating from the ordinance some of the
lines 1t does not want to run, but it is
likely that any effort in this direction
will meet with severe opposition. Some
of the members have become greatly
angered at some of the contemptuous
expressions credited to several of the
street car company officials and are in
clined to insist on a full compliance
with the "owl car" ordinance.