The labor world. [volume] (Duluth, Minn.) 1896-current, 1920-12-18

Shas been furnishing the people of Du-
luth and what they are entitled to re-
ceive has really been through our
courts. =.
All Favorable to City. -.
/ 2. Every decision SO far has been in
favor Of the city. The presidents this
time are with, the people. :. ? -s1e - =
The method to pursue now -to get
better service has all been, worked out
and is ip- the official files at the city
hall. = -
4. That Oscar Mitchell, present at
torney for the street railway company,
worked it out himself when he was
city attorney. =:
S. That Judge! Homer B., Dibel1,
now associate justice Of the supreme
court, rendered the decision when he
was judge of our district court, In
accordance with the claims then made
by City Attorney Mitchell. 81"
That Made a Good Start.
That made good start. But even
so, we did not anticipate that We
would be likely to find in the arx,,-
ment Of City Attorney Mitchell, ad-
dresses to the supreme court Of the
great state of Minnesota, whole para
graphs that might have been lifted
bodily from The Labor World.
And we didn't. We have our limita-
t1ons We were wiping points as 4
humble plumber when friend Nit.
cneli' it seems, was studying myth
olosy as we'll as law. We quote the
following, verbatim, from the brief of
City Attorney Mitchell in re State ex
rel. City of Duluth vs. Duluth Street
Railway company, SO MINI. 15s. to
mandamus the company to, fulfill a
franchise obligation to build the West
Third street line:
What Mitchell Then Said. -
"This case is fimiliar illustration
of the difficulty of; dealing with cor.
pOrat10ns that are given monopOlistic
powers, and of the lack of conscience
In such corporations In their dealings
with the public. =" - E-...,c,.
"This, company, after getting all
that the village could by any possi-
bility give it-and perhaps more than
the village had any right to give it,
in an exclusive franchise for the per.
iod of 40 years-is now seeking to
legation which it incurred in obtain.
ing that franchise. .: -" ..e.:.l.sss
"The company is not only seeking
to evade this part of its obligations,
but is actually using the leniency OF,
the city during the hard times rs an
excuse why it shall not now be re.
qufred to perform its just obligations.
"In the days Of Esop the serpent
was given as the symbol of ingraf1-
tudc. 1t occurs to me that the modern
Esop might substitute for that sym.
Dol, the appellant, In this case.''
ct tn Brute: ,..1e :.
> But He Did More. ...- ss
But that was not the only useful
public service rendered to the people
Of Duluth by City Attorney Mitchell.
After he won his case for the West
Third street line, he did not weary in
his well doing. On Oct. IS. 1902, he
had the city council pass another res
olution requiring the street railway
company to fulfill another franchise,
obligation .'tl1at the cars shall
be OF the bes. style and class used on
such railways in other cities.'
The company, of course, refused to
comply with that resolution. The city
attorney Immediately dragged them
into court again for another. chastise-
ment. What Mr. Mitchell would have
told L the supreme court the second
time about Esop and the hecompanyzwe
shall never know, because he had Q I
0o1ti.1ed .. Page Two.