The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-10-20
G. n. ROAD TO DROP
MINNEAPOLIS WORK
Continued from First Page.

Continued from First Page.
apolis & Manitoba Railway company,
and with the authority of that com.
pany, we hereby notify you that said
company refuses to comply with the
conditions attempted to be imposed by
you to the granting of permission to
extend it's right of way and tracks over
certain streets and under the Laurel
avenue and Superior avenue bridges in
the western part of this city, as shown
by the proceedings of the city council
at its meeting on Friday, Oct. 13, 1905.
eve are further authorized to state
In behalf of said company that it pro-
of Minneapolis, thru it's council, as a
condition to the granting Of permits
which the business interests OF the city
and the legal rights of the company
make the company entitled to as a mat
ter of right and fairness, to impose
upon the company the burden Of pro-
viding new and extensive improvements
for the streets of Minneapolis, the ex-
pense of which both the legal and moral
obligations of the city place upon the
city alone.
"The undersigned railway company
some months ago started to carry out
an extensive plan for the Improvement
Of terminal and railway facilities in
the western portion Of the city, which
| involves very largely increased track
age, warehouse and elevator facilities,
such as the present and prospective
! business interests Of this city seem to
require. 1t has already purchased near
ly fifty acres west of the Superior ave-
nue. bridge and has other purchases
in contemplation. East Of that in Bryn
Mawr and adjacent property it has &C
| CURED about fifteen acres. It has made
all these acquisitions without an at
tempt by aany property holder, with
one exception, to hold the company up
for terms beyond what the ordinary
business transaction would sanction.
| The widening Of it's right Of way and
the increase in the number Of its
tracks, made it necessary, in order to
carry out its original plans, that it
avenue bridge and the Superior avenue
bridge; and by reason thereof, certain
extensions to those bridges were made
necessary. It had the power, under its
charter and under the statutes of this
state, to condemn and acquire from the
! city, without the asking of any per-
mission, the right to carry its tracks
under the bridges; but, in accordance
with the custom, it did not rest upon
it's legal rights, but asked the permits
sion Of the city to make the changes
city than the law would impose. It
| was not expected that the city, thru
it's, official representatives, would at
tempt to impose unbusinesslike and i'm
possible conditions to the granting OF
permits which should come as matter
Of course. It asked the council to grant
the following permits: s4s...xs: ~
What Road Wanted. @ !.
"First-To cross certain streets
which were all within lands owned ano
which had been opened up for use II
was not necessary to obtain such per
NIT, but it was included in the petit
| ton. - H.. s
second-To carry it's extended right
Of way under the Laurel avenue bridge
! and to- build at its own expense two
new spans. eight feet wider than the
present bridge, and at it's own expense
to, extend the approach upon the west
side to the extent necessary to keeE
the same at the proper grade; to .beall
all expense occasioned by the. proposed
changes, altho they involved improving
the grade at the west approach in sucf
i a way as to be directly beneficial to The
city and to adjacent property owners.
Third-To go.:under.5 the Superior
avenue bridge and to build the neces
bridge out over it's extended right so1
way, and to bear all the expenses 81
such changes; and, further, that when
ever new and improved bridge SHOULD
be constructed along Superior avenue
to bear It's proper share Of the expens,
OF the reconstruction of such bridge.
Both Superior and Laurel avenues
Were opened up and laid out over tn,
right Of way and tracks Of this com
1 Louis Railway company long after thos
tracks and right Of way had been Il
operation by those companies. . Unde
the law of this state, independent O
any contract by ordinance or otherwise
whatever expense there might be, nov
or in the future, in bridging these oil,
city. independent of the general law aW
but not inconsistent with it, the cit
: IN 1892, by ordinance accepted by thi
company, contracted with the compan,
that in consideration Of certain publ
improvements agreed to be made an,
other things agreed to be performe
by the company, all Of which have bee
performed, the city would always bea
; the expense of any bridge work re
) CURED over these old rights Of way
, both at Superior and at Laurel avenues
City Accused of Bad Faith. >
| This company has never attempte
in any way to shrink from it's lega
J obligation under the general law relat
} ing to these matters; nor has it ever al
. tempted to repudiate it's contract obi
Q cations under the contract referred tt
The city Of Minneapolis has done an
is now doing both; and at the same tim
: attempts to force this company into
: further contract with the city, tn
sole consideration for which arises fro1
a reputation by the city Of it's obligs
! lions under the former contract. Thi
+ company recognizes it's obligation a.
= ways to bear the expense Of bridge
= required along streets, so far as sue
: expense is or may be occasioned by tn
= extensions Of it's right of way owe
: streets already laid out before such es
! tensions Of it's right Of way over then
In our petition for the permits referre
; to our company offered to do all thai
and more than would be required Of
by. law.
s'The condition, imposed by the PEI
nit so passed by the city council. how
ever, requires this company not only i
bear all the expenses occasioned by re;
son Of its present changes, but also i
construct at it's own expense an entirel
new bridge along the center line Of s,
perior avenue, both over its own oil
r1ght.of-way and tracks, and also owe
the rlght-of-way and tracks of the Nil
, neapolis & st. Louis Railway compan,
the bridge to be Of iron or steel COZ
struction and to be in accordance wit
; such plans as shall be adopted by I'll
council and the city engineer. Tn