The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-02-15
Council Votes to Rescind Fran
chise Granted to New Trolley
Company.
THE COMPANY WILL
STAND ON ITS CONTRACT
In the Meantime the T. @. r. z.
Is Planning to Get in-Liti-
cation Probable.

rescind its action of fortnight ago in
cond1tlonally granting a franchise to
Messrs. Kenaston & Phelps Of Mime
apolls to build a trolley line in Excel
slor as part Of their projected Mime
apolls- Mankato line.
the town seems assured. B. E. Ken
aston today said that his company did
not recognize the legality of last night 3
action, and would stand upon the con-
tract of week ago:
gh Sn5's said 'i he y set sa aside g
piled with every requirement of the
original agreement and will refuse to
recognize the action Of last night. We
shall 20 right ahead.'
On the other hand, the Twin City
Rapid Transit company will doubtless
proceed on the theory that it now has
an open field. In fact, the action Of
the council last night was said to have
been prompted by positive promise
from that company that if given a
chance it would have an excellent SER
vice IN operation between Minneapolis
and Excelsior before the end of next
summer. It is believed that PROPOSE
tions will be submitted at the next
meeting Of the council, Tuesday even
L is probable that hot legal battle
will ensue. with the object of COMPEL
ing the. village by mandamus to SIGN
and deliver the franchise voted to the
Kenaston-P Phelps company. The latter
company insists that it has acted in
good faith and was ready last evening
to deliver the $4,000 bond required by
the ordinance and 90 thru all the for
1nalities of securing the franchise. In
fact. their bond and signatures were in
time the resembling motion was passed.
They believe that they can compel the
village to carry out the provisions Of
the ordinance.
=, Why It Was Done
The present majority Of the council,
however, profess to believe that the
ordinance was never legally passed, and
are ready for any legal action that may
| Their than that, Village Recorder Apgar,
| who has to attest the ordinance and
franchise, says that he could never
place his signature to these documents
as, while the papers were acted upon at
the council meeting ten days ago, they
were not delivered to his custody until
last Monday, and he has no positive
given to him was the one passed by the
council. He claims that, according to;
ftaw, the ordinance should have been
Igiven to him at once and left withzhim
4 until the bond and signatures had Issen
completed and the ordinance properly
| that he could positively attest its cor
rectness. .ess-
This unexpected outcome Of the
streetcar fight in the lakeside village
came SO suddenly that very few Of the
residents were aware Of the new turn
of events until today. The opposition
to the franchise granted by the council
hos hnn rlrSr hor Gov %1n, asA kr..
days and aroused the business interests
Of the village, considerable portion
Of which was opposed to the new or
dlnance principally on the ground that
it would give the company the use Of
the main business street of the vii
lage. The opposition said it was almost
impossible to do anything with the
then majority Of the council, composed
Of Chairman Sampson, Aldermen Ly-
man and Doe, who appeared unalter.
ably in favor Of the new company.
i Doe Changes His Vote.
4 During the past year this majority
has stood together, never failing to
business men, however, brought argu-
ments to bear upon Alderman Doe, con-
tending that the village was not get
tug value received from the contract
made with the new company. The
alderman finally decided to change his
attitude and last night he cast his vote
in favor Of the resembling motion.
This vote, with Alderman Benefits
and Recorder Apgar IS, carried it.
also by the positive statement received
by him that an absolute contract
would be made by the Twin City Rapid
,, Transit company to have line in oper-
: alton from the business center Of Min.
, neapolis to Excelsior before the expi-
ration Of the coming summer and that
the service given would be on par
with the service given in Minneapolis.
A Surprised Chairman.
> Chairman Sampson was wholly un-
/ prepared for the action taken last
} night. He appeared at the council
. meeting armed With the $4,000 bond Of
the new company and the franchise
| ready for signature, and was confident
that it would go thru smoothly.
When the motion for resembling the
, franchise was made by Recorder APP
} gar and promptly seconded by Alder.
man Bennett, Sampson said that he
could see no reason why it should not
be put at once, as he believed no ono
cared to argue the question. 1t was
put anu When CuT6e VOCeS were T0.
corded for it, he could not believe he
heard Alright. He stood silent for q
l moment waiting for someone to say
that he heard not the vote, but no one
coming to his rescue, he finally said
I quietly, scarried."
A motion for adjournment being
l made the chairman and Alderman Ly-
l man left the room without again speak
ing.
Twin City Ready Now.
While the opposition to the new limo
has taken the ground that their fight
was actuated solely by the desire to
get the very best proposition possible
: for Excelsior, their action resulted
largely to the interest Of the Twin
City Rapid Transit company. It is
highly probable that had the new
company not entered the field, several
years would have passed before the
2 Twin City would have thought of en-.
9 tering the lake business. The entrance
= of the Kenaston-Phelps company, how
). ever, has electrified the old company
! into life and there is no question that
a it will now act promptly. There is no
doubt that it has all its plans made.
z Considerable interest will be mani
Continued on I'd Page. 9th Column. 8