The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-03-09
THURSDAY, MARCH 9, 1905
MERE WASTE PAPER

The opinion of a st. Paul lawyer OF
the first ability relating to the street
railway situation, which we publish
this morning, goes to the root of the
matter, 1t tells just where we are, and
1t also emphasizes as nothing yet has
done the absolute necessity of action
by the council and the ease with which
it may be taken. This situation, in
stead of becoming more complicated,
develops with every inquiry into it,
features of the utmost simplicity.
1t is apparent that, as far as any
rights to be obtained or secured by the
city are concerned, the resolution pass
ed week ago by the city council is
mere waste paper. 1t is utterly void
and of no effect. This is true of it also
as far as any power to exempt the
street railway company from the per
cent gross earnings tax is concerned
That is to say, nothing whatever out
side of Judge Lochfen's decision,
whether for or against the city or for
or against the company, can be set UP,
pulled down, altered or amended, ex-
cept in strict conformity with the terms
of the city charter. The members of
the council will certainly see the I'M
alterable logic of this
The city charter is the supreme law
Of the municipality. 1t stands in the
same relation to our city government
that the constitution of the United
States does to congress. The legisla-
tive body cannot set aside the funda-
mental law, and cannot take any ac-
ton contrary to its terms. The courts
would not hesitate a moment in de-
termining this to be invalid. Now we
quote section % of chapter of the
charter of the city of St Paul now in
full force and effect:
Sec. %. Every corporation mr. narson a>,-
erclslng any franchise or privilege in, over.
under or upon any of the streets or pub
nc places or elsewhere in the city of ST.
Paul snail pay into the treasury of said
city annually. on or before the first Mon
day of March, license fee in a sum equal
TO at least per cent of the gross earn
1ngS derived. or accruing from the exer-
else or enjoyment within said city of any
such franchise or privilege during the
previous calendar year.
We quote as still more directly an
plicable and mandatory the next sec
ton:
Sec 30. No extension. modification or
change OF any franchise or privilege here
tofore granted or of any condition or iirni
tatlon affecting such franchise or privilege
shall be valid or effectual unless fhe naI-
son or corporation holding such a franchise
or privilege shall in writing agree that
such franchise or privilege. together with
any such extension modification or
ehange. shall be held and used subject to
all conditions and limitations in this char
ter prescribed including the payment of a
license fee of at least per cent of the
gross earnings.
Now what the council attempted to
do under injudicious advice was to
legislate this charter out of existence
1t is to grant an extension and modifi-
cation of franchise already existing
under conditions different from those
laid down in the charter. That is to
say, the street railway company is to
De allowed to make extensions, build
new lines, and do a dozen other things
for which permission is necessary. and
at the same time is to be exemnted
from the gross earnings tax This is
ridiculous. It is like an act of con-
gress authorizing a state to coin
money. The constitution stands in the
way So the charter stands in the way
of the resolution passed by the council:
and that charter must be repealed or
amended before the street railway