The Saint Paul globe., 1905-03-14
CANNOT ENFORCE 1T

SURRENDER, mas Ueen lnloIHllHS every
one that the city's right to an appeal
has been saved, and that the case as
decided by Judge Lochren can be re-
opened in the future if the street rail-
way company should not perform its
part Of the bargain. The public and
the members of the council should NOT
forget that in this particular he is mis-
taken. No future redress is possible.
If we permit this arrangement to stand,
If we allow the time within which an
appeal can be taken to the supreme
court of the United States to pass. our
remedy is gone. Thereafter the COM
pany may perform or refuse to per-
form its promises as it will. st. Paul
will be defenseless.
1t has already been shown through
The Globe that stipulation to ex-
tend the time for appeal is worthless.
The time within which an appeal can
be taken is fixed by law. Only those
who make the law can change it. 1t is
as far beyond the power of the city
council or the corporation attorney or
any other man to alter as is the con-
stitution of the United States. But
when those honestly desirous of in
formation have gone to the corpora
ton counsel with this difficulty, he has
made light Of it. He has said to many
citizens that it is not proposed to ex-
tend the time for appeal, but to set
aside the decree altogether in order
that the city may have a chance to
xnsist upon its rights.
We publish this morning in our news
columns a statement by Mr.. John d.
O'Brien covering this point. 1t is clear
and final. 1t shows Mr.. Michael to be
Woefully in the wrong. The course that
he advises, the course laid down in the
body of this iniquitous agreement itself.
is impossible. The alleged safeguard
is worth just nothing at all. If the
council does not proceed to correct its
error by retracting what it has done,
then the will of the street railway COM
pany will be the only law that it need
follow.
The singular proceeding proposed by
Mr.. Michael and Incorporated in the
agreement with the company is that. if
the company falls short in the per-
formance Of it's promises, then the city
shall have the right to apply within the
next three years to the circuit court
and have the decree Of Judge Lochren
vacated and set aside, $50 that it may
again be re-entered and thereby re-
store to said city the right of appeal
from said decree" Even to a layman
this has a curious sound. TO the prac-
ticed lawyer it is mere gibberish.
First, who is to decide whether the
company has or has not fulfilled its
bond. That must be established in
Some way to the satisfaction of the
court, and for this no provision is
made. Then, supposing this to be done,
look at the preposterousness of the
procedure laid down. DEGREES of a
court are sometimes vacated and set
aside, but never for the mere purpose
of being re-entered. The object of the
court in granting this could be nothing
except to extend the time for appeal.
There would be no change in the de-
cree except the date. All the rest would
remain exactly the same. The court
would have to set 1t aside officially,
and Immediately restore it officially,
merely with a new date. And it is as
sumed that court which would not
and could not under the laws extend
the time for taking an appeal would
consent to this unprecedented course.
for which no other reason could be
given than that it would extend the
time for taking an appeal. Of all the
sections of this precious agreement
there is none SO utterly repugnant to
common sense as this.
We do not know by what process of
reasoning the corporation counsel has
persuaded himself into delusion not
shared by we'll informed members of
his profession. What we feel that we
do know is that the adoption of this
agreement leaves us absolutely re-
NEEDLESS. The street railway company
can wreak its will on St Paul, and all
protest must be Intellectual 1t is for
this reason that it has been so bent
upon having Judge Lochren's decree
remain final and uncontested We might
just as well make a deed of gift Of all
that it wants to this corporation as to
allow the agreement to stand. In ex-
change for all that we surrender we
get nothing but promise, and no
power to compel performance exists or
ever can exist.
This is the condition In which the