The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-03-02

| constructions as promised.
Terms of Compact
The clauses of the agreement setting
| forth the Improvements to be made by
the street railway company require
the following constructions:
First.The construction. during 1905. OF
| on Marshall avenue to the westerly city
| limits, and that the company shall. il the
aVenue bridge aeross the M,ssiss,r maT rEs
| That the construction shall be of steel.
and that sidewalks and a thirty-two foot
| driveway for vehicles shall be put in
Second-The extension during 1905 of
! the Rondo street ear line with double
! tracks from IFS present terminus to Lex
| ington avenue, and as much farther as the
company may desire.
:. Third-The extension of it's double track
! line during 1905 from the corner of Green
| brier and Maryland avenues thence along
Maryland avenue to Forest street 10
| Lake Como and Phalen avenue, and thence
| 10 such point in Phalen park as may be
! commissioners, and that when such line Is
constructed the company will have the
rlght to abandon the lines now on Mary
| land avenue between Greepbrier and Payne
| avenues.
Fourth-The construction of a single
track line on Randolph street from West
| Seventh street west to Pascal avenue.
Ffth--The construction during 1905 OF
| double track line on Smelling avenue
from Grand avenue north 10 Longford
avenue. SO as to connect with the Como
| avenue interurban line and the state fair
| grounds.
Sixth-The tunneling within three years
| or the Selby avenue hill II the same is
practical from an. engineering standpoint,
and If the city of st. Paul will take such
proceedings in the way of condemnation
| as is necessary to assist the company in
acquiring the right to construct the tun-
| mel. The expenses of the condemnation
proceedings are to be borne by the com
I fl.n &c vol in re
work through legal difficulties its time
! for the construction Of the tunnel is to
be extended two years. The commissioner
of public works and the engineer of the
! company will be the judges of whether
| the tunnel is practical as an engineering
| problem. IL they cannot agree third en-
| gineer is to be called in and the majority
! will decide.
| Seventll-The extension during 1905 of
| the double track line from the present ter
minus on Concord street to the southerly
| city limits. providing the company can
! get authority for the construction of the
| line from the city council of South st.
! Paul A cent fare with transfer priv
| ileges both to and from the line is also
provided.
Eighth-That the city railway company
| shall within two years change and extend
the double track line of the Hamline line
as follows: To run on Rice street from
| University to Como avenues; thence on
Como avenue to Blair street; thence on
| Blair street to Lexington avenue; thence
/ north on Lexington avenue 10 M1nnehaha
/ street: thence west on Minnehaha street
! TO Prior avenue; thence south on Prior
| avenue to University avenue; provided
that no new sewers be built on these
| streets for five years except by consent OF
| the company. AS soon as such change is
made the company shall remove its tracks
| from Lexington avenue between. Uni
Versity avenue and Blair street. 1t is also
provided that when Blair street from Lex
| ington avenue to Griggs street and Grlggs
street from Blair TO Minnehaha street are
graded and severed. that the track on
| Lexington avenue from Blair street to
! Afinnehaha street and on Minnehaha street
from Lexington avenue to Grlggs street
shall be changed and removed thereto
| within six months after such grading and
sewering are completed
| Ninth-That the city railway company
shall within two years build double
track on Dale street. from Grand avenue
| northerly to the intersection OF Dale
| street with Como avenue. 1t is also pro-
| vided that the city may designate an
| other route for this line within year.
| Tenth-The charging of scent rare
Cor people going to and from the city OF
Minneapolis west of Smelling avenue.
| Eleventh-The erection and maintenance
! within eighteen months of a manufacture
ing plant at or near the corner of Uni
versity and Smelling avenues in the city
! of St Paul, at which place all the general
| manufacturing and repairing of the COM
| pany shall be done. -
Tweifth-The REIMBURSEMENT on the
| part of the company of any right to build
| new lines or extend old ones upon streets
not then occupied by it without first Sc
curing the consent of the city council
! Thirteenth-The payment into the city
| treasury annually on or before March 1
| each year during the life OF the franchise
of a sum equal to the difference between
| 6 per cent of the total gross earnings of
the company for the year previous and the
| full amount that the company shall be re-
| quired to pay for such year as general
taxes. exclusive of any interest or penal
! ties that may accrue. The general taxes
| shall be deemed to include all taxes In
| whatever form. The first payment TO be
| made by the company under this agree
| ment shall be on March ], 1907, upon the
gross earnings of the company for 1906
Fourteenth-Th payment into the city
treasury of St Paul before July /. 1905.
| of $4,000, which shall be used by the city
| either for the construction of a new pa
Vilion On the shore of Lake Como or for
widening Sibley street south of Third.
| The provisions and conditions of clauses
| H., II and Is shall remain in force only
so long as the rights of the company under
| existing Ordinances as determined and
defined by such decree remain in force.
| and this provision shall not excuse the
performance of the other conditions
| hereof
1t is further stipulated that in case the
| St, Paul City railway company neglects or
fails to fulfill the above terms, conditions
| or stipulations, the city of ST. Paul shall
| have the right within the next three
years to apply TO the United States circuit
court and have the decree in the action
| vacated, so that an appeal may be taken.
| Nothlng IN the agreement is 10 be con-
\ strucd to In any manner enlarge or ex-
| tend any of the powers or privileges now
! possessed by the st. Paul City railway
| under any. existing ordinance Of the city
| The written acceptance OF the resolu-
| ton on the part of the street railway
company must be fled with the city clerk
| within ten days.
| The resolution shah take effect and be
| in force from and after its passage, ap-
| proval, publication and acceptance as
| above provided.
Gives His Reasons
At the conclusion OF the reading of
the resolution and before any action
was taken. Mr.. Michael said:
There is little further that need to
| add in explanation. The city council of
| 81: Paul Is not in anywise responsible fer
! The situation. The relations existing he
| tween the street railway compafly and the
city was the situation we found prepared
| Tor US when We assumed our duty The
pest wo can do under the circumstances
- 10 produce results as advantageous
| 70 The city. We are faced at this time
! with an adverse decision. I have cor
tended that the decision was wrong. Int
| II Is possible that a higher court might
still say that was wrong This PROPOSE
! ton presents substantial rights TO the CITY
| ior q compromise Of LITIGATION
| which might drag along for two
4 years before any, decision could he
| received from the appellate court. I.
also permits of the making OF these inn
| pfotements at once which are of Inn
portance TO the city. 1 have been criticised
In certain quarters for opposing the corn
/ promise proposed some time ago. on
n - :