The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-19
CITY HAS STREET
RAILWAY ON THE HIP
Should It Defy the Law, Cor.
poration Attorney May Bring
Company to Time.

The extended authority given Corpo-
ration Attorney Michael in the resolu-
ton passed by the board of aldermen
Tuesday evening, which will come be-
fore the assembly this evening, makes
it evident that if the street railway
company persists in pushing the al
legged friendly suit in the United States
courts that other questions than the
gross earnings tax will come to the
front.
There is every reason to believe, al
though the corporation attorney has
not yet announced his intentions, that
he will claim that the company has no
right to. operate the so-calIed Selby
avenue line, never having been grant
ed legal franchise; that there is some
question of the legality of the use of
Greenbrier avenue for the Lafayette
line, and that the so-ca led Cedar
street loop was Illegally constructed
and has been Illegally maintained and
used.
Many other features may enter into
the case. 1t is well known fact that
the company operates it's cars at far
greater speed than is allowed by ordi
nance, and that on half the lines the
cars are not run at the periods fixed
terial ways it is claimed that the COM
pany is not conforming to the law, and
it is to be expected that the corpora
ton attorney will take advantage of
every point within his knowledge to
compel the company to come within
the provisions of the city charter and
pay the gross earnings tax.
What the City Would Realize.
From the standpoint of the city the
prize is worthy of stubborn fight 1t
is figured that if the company was
placed under the law at this time
there would be realized during the next
year the sum of $4,000, and estimating
that the income of the company would
not INCREASE within the next fifty years,
which is entirely out Of the question,
it will be seen that Mr.. Michael is real
ly making. a fight for $3,750,0 every
cent of which will go into the city
treasury and by so much reduce the
taxes now paid.
The suit of H. D. Bailey, the Wis
consin attorney apparently engaged
for the purpose, has become the butt
of Satirical remarks from most of the
local attorneys. The very fact that
Bailey paid $500 for the lot and ten
days later claimed that the construc-
ton of a street railway line in front
of his property would damage him
will be sufficient to cause the court to
refuse the injunction for which he has
asked.
Mum Doesn't See Why.
That the street railway company
will carry out its scheme there seems
to be little or no question, although NJ.
d. Mum, when seen by representa-
tive of T h e. GIob yesterday said
that he could not understand why it
had been presumed that the street
railway company instigated the Bailey
suit. He declined to say whether the
company will contest the case, or what
will be the nature of the defense of
the company when Corporation Mi
chael brings an action in the district
court.
'This case is all a bluff for the bene-
fit of the shareholders of the COM
pany," said a city official who is I'M
usually well posted on corporation af-
fairs, land my prediction is that the
company will, in a few weeks, come
before the city council and offer to be-
come subject to the gross earnings
tax. 1t should be remembered that the
company has recently disposed of sew
eral million dollars worth of bonds.
and with part of the money has pur-
chased the material with which to
make extensions and has ordered extra
cars. The purchasers of the securities
will be asking for showing, and
believe that this suit was brought to
assure the holders that their interests
are being looked after"