The Saint Paul globe., 1904-10-23

In support of the proposition.
The law of 1868, as amended by the
law of 1872 constituted the legislative,
charter of creation of the company.
1t was the definition of its powers and
the author of its creation. This act
authorizes the company to build a
railway line in ST. Paul to the west
er3y line of Ramsey county to st. An
: thony, and in 1872 it was amended to
read Minneapolis. It authorized the
company also to build lines on the
streets and bridges of ST. Paul on
terms and conditions and subject to all
the conditions and limitations of ordi-
nance 81. This legislation has never
been amended or changed, and is the
limit of the powers and rights of the
company today. That ordinance is
part of the act of creation of the COM
i pany and section-2 provides that none
other than animal power shall be
used.
Steam Railway First
The corporation as originally created
| had been to operate steam railway,
and the legislature had amended it by
adding other powers, subject to cer-
| tain express conditions. The corpora
ton cannot enlarge its powers con-
ferred in that legislative act. 1t is
bound by and must abide by the law.
The attempt to run cars by electricity
is ultra vires. 1t has no power to en-
ter into a contract with the city to do
this, and Mr.. Michael cited numbers
of authorities to prove that the act
was beyond the corporate powers Of
1 the complainant.
This was not an act to exclude the
company from the streets as a tres
passer, but to question whether this
company has further rights of inva-
sion of the streets. He was not pre-
/ pared to say that the company would
| be excluded from the streets, but il
the company had not the power to ac-
cept the electric ordinance, regardless
of what it had done in the past in
carrying out the terms of the ordi-
| nance, it cannot be made the basis for
carrying out further invasions of the
| streets, and the court must clip it's
wings.
On the proposition of law advanced
that the charter of the company pro-
yides for animal power and that the
situation is now ultra wires. Mr..
Michael said he had been unable to
find authorities not in accord with his
view s
''I have scratched the volumes from
Rameses to Roosevelt" the corpora
tion counsel declared, bearing on this
| question. and all point to the effect
] that since the charter of the COM
be used, it is ultra wires to attempt to
operate by electricity. The provision
requiring animal power is an absolute
prohibition against anything other
than animal power. The authority for
the change has never been granted.
and the city has never been granted
power to amend the charters of pri-
vate corporations. The law of the
company relating to animal power is
the same today as it was in 1872. They
cannot get their charter amended by
special amendment of the legislature
because of the anti-specia1 legislation
constitutional amendment. They must
come in under the general law and re-
incorporate, and to do this they must
sub1nit themselves to the present city
charte of ST, Paul. If it has rights
until it does this it cannot exercise
those rights; it cannot accept the
proffer because it has not the power"
Mr.. Mum Replies
General Counsel Mum was perturbed
by the convincing argument of the cor :
pOration counsel. 1T is easy to create
a premise of your own he said, "and
then reason to what seems logical
conclusion. The trouble here is that
the premise created by counsel is a
creation of his own and not based on
the laws of Minnesota
=
nicipal legislation and claimed that the
legislative act of 1868 revived and
continued the rights of the old ST. An
thony & ST. Paul grant. The ordinance
of 1857, limiting the power to animal
power was not intended to simply linn
it the power to animal power. but to
ratify the contract between the COM
pany and the municipal corporation.
The street railway corporation was also
vested with full rights to extend its
lines as it deemed convenient on the
highways of Ramsey county. There
was nothing there to limit the corpora :
tion as to the use of animal power. The
ordinance said that the company could
determine the methods of transporta- :
tion, but to this proposition Mr.. Mi
chael interrupted to say that this was
excluded by the law of 1868. The law
! of '63 was revived and continued, and
the section upon which the city based
its claims in this case had been repeal
ed by implication.
There were several sharp passages
between the attorneys. Mr. Michael
; interrupted to correct Mr.. Munn's in
depreciation of the law.
Are you through?" demanded Mr.
, Mum. II would like to present the
law in my own way, free from frequent
Interruptions
.'Oh, if you are going to be testy
about it, rejoined the corporation
counsel, 81 will not interrupt l, how
ever, submitted to innumerable inter
ruptions during my argument this
, , morning.
Wanted His Own Way
I'VE want to analyze this law in our
own way" Mr.. Mum responded, land
when I am through you may call my
attention to any point and I will gladly
correct" Continuing. he argued thai
, the question of ultra wires could only
! be raised by the state; the city had
dealt with the company as though ii
: had the power and is now estopped
from raising the question. His was a
de facto corporation and must be sc
recognized by the city. It made nc
r difference whether the company was a
corporation or not; the contract is
made and is as binding as though the
! company had all the powers it claimed
l for itself. Specific powers, however
: were granted by the legislature of 1868
| The effect of Ordinance No. 1902, re-
lating to wires and conduits, had no re-
lation to 1927. The counselor attempt
ed to prove that the city's answer diff
! | fefed from the complaint in the state