The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-10-22
SQUARE DEAL IS
ALL CITY WANTS
SO SAYS ALDERMAN MERRILL RE.
GARDING GREAT NORTHERN.
President of the Council Furnishes
Statement of Negotiations Concern
ing Bryn Mawr Bridge and States
City's Position with a Few Refer.
ences to Recent Municipal History.

part in the relations between the coun-
Gil and the Great Northern railway re-.
garding the restrictions placed upon the
road s improvements in the Bryn Mawr
insisted that the road should be re-
CURED to replace the present Bryn Mawr
structure with modern bridge. In
view of the announcement that the road
had abandoned all it's plans for new
shops and terminals in Minneapolis,
considering the requirement that it re-
up the the Following s" statement as of nG the
matter has been prepared by Mr.. Mer-
rill for The jour a in order that
the public may judge as to the relative
fairness Of the view held by the two
parties. Mr.. Merrill says:
''The Great Northern refers to an
building and maintenance of certain
bridges, etc, and says that the city Of
Minneapolis is shrinking from it's legal
obligations and repudiating it's contract.
Reference is made to the Minnesota
supreme court decision as noted below:
Mimi. Rep, vol. 80, p. 10S, says: Man
damus to Compel Maintenance-Man-
damus will lie to compel a railway COM
pany to construct and maintain proper
crossings such as viaducts and bridges
and suitable approaches thereto at all
points when their lines Of railway inter-
sect previously established public thor
ofares, If such crossings are necessary
for public use.
Municipal corporation contract in per-
petuity held invalid When the duty rests
upon a corporation to restore a public
way to its former condition Of useful |
ness, municipality cannot enter into
a valid contract with such corporation
| whereby it surrenders its power to COM
| pei the performance of duty. 1t cannot
| contract with such corporation that it
| will maintain a certain bridge to be
| erected by either or both parties for
all time Such an agreement on the
part of a municipality is beyond the
| power of municipal officers, Is contrary
to public policy and of no effect ~
There is much more to this decision,
but what I have quoted effectually dis
| poses of the charge of bad faith and
reputation on the part Of the city.
City Gets Nausht.
Now in regard to the railways. They
pay gross earnings tax to the state, no
part of which comes to the city. The
latter has to furnish police, light, water,
sewer, paving and other service, part
Of which is paid by the railways Also,
no special assessment can be. levied
against them, including curb and gutter,
sewer etc. AS conspicuous examples Of
|
see the sidewalk on Washington avenue
S, between Sixth and Eighth avenues.
For another sexample, see the paving on
4 Third avenue N, between Fifth and Sixth
streets. The only benefit the city gets
from the gross earnings tax is a lessen
ing Of the state tax. ...-a'
; Now, what I am getting at Is this:
In view Of the above facts as to condi-
tons, when new railways have sought
new franchises the council has required
them to do certain things, in most cases
to pay special assessments. For example,
the Rock Island, Wisconsin Central, and
in some cases. the Chicago Great West
: ern, railroads pay special assessments
Another example: The 500 wished tc
! change certain grades and sidewalks be-
l tween Fifth ano Eighth avenues N or
: Second street. The council required thai
the street be paved, which was done, the
', Northern Pacific paving it's part.
t Wishes Of Great Northern.
Q Now, coming to the wishes Of the Grea
:. | Northern, the committee practical!
Il agreed ito conditions as to the Laure
% avenue bridge, although at first ston
abutments on piles for approaches wer'
i first insisted on, but the city enginee
" contended that piles alone would do. Now
y coming to the Superior avenue bridge
the Great Northern wished to know wfa
was wanted there. We answered, Nv
want you to build a steel or iron br1dg
'G across the tracks on the center line of tn
avenue The answer, with customar
n Great Northern diplomacy, was, wv
IL won't do no such ID thing"
81 The conditions at Superior avenue ar
re that the county has spent about $4,000
y. on this road and the city some 10000
oe between the city limits and Cedar LAX
X road. AS the city Is IS per cent Of tn
ID county, the former has spent the bette
a part Of 100000 for the benefit Of farm
TX ers west Of the city and all the Poop
e. who travel to Lake Minnetonka. TT
Id city has laid out and is opening a trait
street, Erie avenue produced west ar
o. southwest to the Superior avenue bridg
d. The city has no funds to build a bridg
I'd The fourth ward could grade the remain
be ing part of Superior avenue during tt
" next two years. The present bridge
unfit and almost unsafe for use, hens
ed we asked the Great Northern to build
tt new one, believing that the "communi
n of interests would induce Minneapolis
cy St. Louis to pay its share. 49,
he Then again, $35, 900, instead Of $50, 90
er will build suitable bridge eighties
"a feet wide. %& ~.:
mt Great Northern's Plan. e..
in The plan for the extension of the brid.
q presented by the Great Northern call
I'D for one approach as tortuous as the pre-
ha ent one and with an 8 per cent grade
We stead Of a 6 per cent grade as at pre-
To- ent No such bridge embracing new co
- struction should be allowed In the eli
of and as a new bridge Is needed, now
1T the time to make the agreement, II ev'
in It took five long years to get the Gre
T Northern to rebuild the Western and HI
mt den avenues piiuses ~" 80, re,
g., be willing to grant two years for t
A-- building of a new Superior bridge. T
supreme court Of Indiana, vol. IS, p. B
imposes on a railway company the du
not only to maintain it's crossings on
existing highways in reasonably Sc
Kali and good condition for travel, but a
to maintain such crossings over hig
of ways established after the construct
,a of the road This seems to be the &c
ills eral opinion, that railways when tn
rds traffic greatly increases and cities
all come congested must conform to pol
YER regulations as to safety of life and #l1I
of The council would like to have the p
nile look at this matter carefully and !
,bt get panicstricken about the possible i
920 of a railway yard.
Ugh The Street Railway Loops.
in
ous If such should De tne case history
ore liable to repeat itself, to-W1t: IN re
street railway loops.
A wear ago or more that company ash
~ for upwards of a mile of terminals Wor