The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-09-29

An agreement will probably be for
mally entered into between the city
and the Twin City Telephone company
when the application of the company
for a permanent restraining order
comes before Judge Bum Saturday, to
which time an adjournment was taken
yesterday with the understanding that
the company will not again attempt to
string the wires on Hague avenue torn
down by City Engineer Rundlett.
But. for the agreement Corporation
Attorney Michael would have asked
h court for al order restraining the
company from replacing the wires, he
having made preparations to carry out
this course. Upon the announcement
that the company would agree o to
proceed with the work, Mr.. Michael
announced that he was willing to al
low matters to remain as they are un-
til SaturdayNwit the object Of giving
city an opportunity to reach a settle
ment.
Michael Makes Proposition
During the progress of the case Mr..
Michael made the proposition that if the
company would agree to place the
wires under ground during the winter
the city would postpone the boule-
varding. of the street until next spring,
and Attorney Holman, Vice President
Brooks and Manager Barry consulted
concerning the offer. The result was
the announcement in behalf of the
company that it would agree to the
continuance and promise that no more
work would be undertaken until after
the hearing.
While Judge Bum did not announce
his position positively, the inference
from what he said was that If called
upon to decide the case at once he
would find it necessary to dissolve the
restraining order that stopped the re-
mova1 Of the poles and wires by the
city engineer, thus finding for the city.
The judge said that, in his opinion, 1t
should be possible for the company
and the, city to reach an agreement
and thereby stop the litigation.
Says City Is Unreasonable
Mr.. Holman.s argument for the
company followed largely along the
lines of the petition upon which the
temporary restraining order was Is
sued, contending that the removal Of
the poles and wires had put out Of
service a large part of the long dis
lance lines of the company. He
a conduit be constructed Immediate
ly unreasonable, particularly in view
of the large amount of work that had
been necessary to put h lines in
working order following the srecent
cyclone. He did not think it would
be possible to complete the conduit
before winter, and suggested that the
wires and try the case on its merits
afterwards. He commended that the
large number of orders from the coun-
ell of late to put wires underground
had made it impossible to do the work
on Hague venue
Responding. Mr.. Michael said that
the city engineer insisted hat the
company agree as to the time the
conduit, will be in service before he
would permit the replacing of the
wires, which had proved a nuisance
to the. property owners n household
ers. The act Of the company in at
tempting to string the wires again
after having secured the restraining
order he classed as a species of bad
faith on its part.
Mr.. Michael Replies
sThe statement that the city has
been unjust and unreasonable is fan
tasticy" said Mr.. Michael. I'm the
winter time I a hear the singing Of
these wires three blocks distant. The
company has had ample notice of the
order Of h council that the wires be
placed underground, and there is no
reason why the company has not be-
fore this entered into an agreement as
to the time III conduit should be con-
structed and the underground wires
placed in service"
The fourteen men arrested by the
police were arraigned in police court
yesterday morning n pleaded not
guilty to the charge f setting poles
and stringing wires without securing
the necessary permission. Their cases
were set for trial Saturday. M. Con-
molly, n of the men, is also accused
Of having used abusive language to
James Jordan, who was representing
the city engineer. Jordan asserted
that Connolly not only called him
names, but in addition threatened to
whip him. Jordan says that he will
prosecute the case.