The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-03-02
roll. the compromise resolution was
taken up

Assemblyman Haas moved its pass
age Assemblyman O'Brien moved as
a substitute that the consideration of
the resolution be postponed until the
next meeting. He said, Il have every
commence in Mr.. Michael, but 1 don't
think have had sufficient time for con-
sideration of this resolution to vote on
II tonight"
A vote was called, the resolution
was adopted, Assemblyman O'Brien be-
The. assembly adjourned. and the
board of aldermen Immediately con-
yened
The reading of the resolution trans
mitted by the assembly was read. Aid
Moriarty moved Its passage.
Aid. Lynch moved as a substitute to
postpone action until the next regular
meeting. He said: Il think it is all
right. but would like to look 1t over a
little more thoroughly"
The roll call on the question Of substi-
tute motion showed that IL was lost by
vote of to z. The vote was as fol-
lows:
Yeas-Buschmann, Corning, Lynch
and Rohland.
Nays-Nyberg. Hebl, Huber, Mortar
ty, Bantz, Brennan and Hackney.
The original motion of Aid. Moriarty
for the passage of the compromise reso-
luton. prevailed unanimously.
The adjustment of the dispute be-
tween st. Paul and the St. Paul City
railway company will be finally set
tied as soon as the formality of a writ
ten acceptance is filed with the city
clerk by the street railway company,
and the resolution receives the sanction
OF the mayor.
History of the Controversy
The settlement effected last evening
between the city council, upon behalf
of the city of st. Paul, and officials of
the Twin City Rapid Transit COM
pany, upon behalf of the St Paul City
Railway company, ends a litigation be-
gan last fall. This litigation termi-
mated I'm so far as the courts were con-
cerned upon Oct. "a, when Judge Loch-
rem of the United States district court
rendered a decision declaring the
franchises of the street railway COM
pany in st. Paul operative and valid.
j. G. Michael, corporation attorney
for the city, was not satisfied with the
decision of Judge Lochren and wished
an appeal taken to the supreme court.
His wish proved to be the wish of the
people at large, and a vigorous cam
paign was made with the purpose of
getting the case into the supreme
court, where a reversal of the district
court appeal fould have had the effect
of invalidating the franchises of the
street railway company and would lay
the company liable to the 5 per cent
gross earnings tax and place it's opera
ton under the jurisdiction of the city
council.
Realizing the dangers attending n
reversal, the street railway company
began vigorous fight to ward off the
appeal, but until last evening they
have refused to offer anything which
might even be graced with the name
of compromise.
The suit over which the contention
started was filed by the street railway.
company TO enjoin the city council
from interfering with certain extern
sions to their lines which they had be-
gun to make. Corporation Attorney
Michael had before that time discover
ed clauses in the ordinances under
which the company was operating that
caused him to believe that all the
company's franchises were invalid.
He believed that the city should Sc
cure the per cent tax which is pro-
vided for in the new city charter, and
when the company began the injunc-
ton proceedings he Immediately at
tackled the validity of the franchises
in question. The company based most
OF its defense. for Mr.. Michael had
suddenly transformed the conditions
OF the suit upon Ordinance No So, for
the operation of horse cars. This ordi-
| nance is perpetual in It's life, and the
attorney for the city claimed that IL
was thus illegal.
Judge Iochren, in rendering a verbal
|. decision at the conclusion of argu-
inents, remarked that he supposed the
case would be appealed ANYWAY