The Saint Paul globe., 1904-05-28
CITY ATTACKS STREET
CAR CO.'S FRANCHISE
Continued From First Page.

tax. which would place an additional
burden on the company of $4,000 an
nually. The company also contends
that the charter provisions are in vio-
lation of the constitution of the United
States, and that, if enforced, the clay
will take the company's property with
out due process of law.
The company seeks to have the court
establish its rights under the various
ordinances, including the old horse
car ordinance, and demands that the
city be perpetually enjoined from any
interference with the company's rights.
Corporation Attorney Michael said
last night, after carefully reading the
complaint made by the company, that
no new points had been raised, and
that the city was prepared to fight the
matter in the courts atAny time.
Michael Plays His Card.
AS a means of heading off the suit
Corporation Attorney Michael will at
tempt to take the foundation from un-
der it by having the old horse-car or
dinance forfeited. Without the horse
car ordinance the company would have
no grounds upon which to base its
claims and would be compelled to sub
nit to the provisions of the city char
ter
Mr.. Michael points out that the an
nullment of the old horse-ca ordi-
nance was provided for at the time the
chapter of the charter reading as fol-
lows:
All rights. privileges and franchises
heretofore granted by any lawful authority
in. over under or upon any of the streets,
alleys or public grounds of said citv.
which has never been exercised or which
have been abandoned or been disused for
more than five years before the time
when this charter becomes effective. are
hereby declared to be forfeited and in
valid.
The validity of this section of the
charter is what Mr.. Michael will en-
deavor to establish in the suit which
will be instituted by the city today,
and should he be successful the street
car company cannot claim any rights
or privileges under the old horse car
charter, and viii have to operate under
the late charter, which provides for the
payment of 5 per cent gross earnings
tax upon the earnings of the entire
system within the city limits. The 5
per cent tax is provided for in section
% of chapter of the new charter, as
follows:
No extension. modification or change in
any franchise or privilege heretofore
granted. or of any condition or limita-
tion affecting such franchise or privilege
shall be valid or effectual unless the per-
son or corporation holding such fran
chise or privilege shall. in writing. agree
that such franchise or privilege together
with any such extension. modification or
change, shall be held and used subject to
all the conditions and limitations in this
charter prescribed. including the payment
of license fee of at least per cent of
the gross earnings.
Inasmuch as the street car COM
pany is anxious to have the courts de-
eide as to Its rights in order that it
may go ahead with many improve
ments contemplated and as the city is
ready and willing to have the cases
tried upon their merits at any time, the
suits in both the federal and state
courts will be brought TO an early trial,
although both sides admit that they
will doubtless be carried to the highest
lower.