The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1922-08-11

Cards were laid face up on the
table last night at the city coun-
Gil meeting in the Mankato Electric
Traction company's answer to the
city's order to show cause why the
franchise under which the company
is operating should not be revoked,
owing to the fact that the traction
company. refuses to make repairs
to the paving on North and South
Front street along its right of way.
Attorney S. B. Wilson, representing
the street car company, appeared in
answer to the city's summons and
set forth in the plainest of lang:
uage the conpany's reasons for not
complying with the wishes of the
city in the matter. The street car
company contends among other
things that the city carelessly, neg
igently, and willfully disregarded
the terms Of the contract and the
plans and specifications under which
the pavement was laid, and COM
to- construct and furnish material
and labor, and follow methods for
hidden in the standard specifica-
tons for the paving, and that all of
this negligence on the part of the
city, caused the paving to be laid
in a faulty manner. This resulted
in the paving soon disintegrating to
such a extent that at the present
time and for some time past, it Is
beyond the stage of repair, and
must now be entirely replaced. Ow-
ing to these negligent acts on the
part of the city, and the violations
of the original contract for the
paving, the street company, Mr..
Wilson said, does not feel that it is
obligated to repair the pavement,
and will have to be replaced.
Attorney S. B. Wilson's conten-
tons were read to the council.
Mayor w. A. Beach asked if a copy
of what he stated could not be filed
with the council.
Immediately following this on mo-
ton of Councilman Gust Klein
schmidt an ordinance calling for the
repeating of the street car franchise
was given its first reading. City
Attorney C.. E. Gilmore pulled
copy of the ordinance from an in
side coat pocket and handed it to
City Clerk F. w. Bates, who read it
S. B. Wilson, attorney for the
street car company, In opening his
remarks preliminary to stating the
to- comply with the wishes. of the
city in repairing the paving along
its right of way mentioned the
fact that the company had been
served by the city with notice to
show cause why the franchise
should not be revoked. Along those
lines, Mr.. Wilson said that he
wished to make some suggestions
as to why the franchise should mot
be revoked
City AS Prosecutor
Mr.. Wilson said that the city was
taking the position VI prosecutor
and court in the matter, and had
resorted to the most drastic meas
ures possible. The speaker said
that he thought both sides should
day in court so that the claims of
both sides should be judicially
passed upon. Mr.. Wilson said that
he was at a loss to see why the
city should not consent to this.
81 want to state to this council
that any decision rendered by the
court<will be complied with by the
street car company If possible. and
If the company cannot meet the re-
uqirements Of the court, it will have
to 60 out of business. If the court
finds for the city, the street car
company will certainly abide by
that finding"
Mr.. Wilson said that the Traction
company is asked to repave along
its right Of way on both North and
South Front street or give a reason
why it should not pave. In pursu-
ance to such a request on the part
of the city, Mr.. Wilson said that he
would Lay the company's on the
table" He hoped in the honest,
submission of these claims that the
city would give them consideration,
and see whether or not it felt justi )
fed in putting the street car out Of
action. In order to make things az
plain as possible, the speaker said
that he would go back to the time
when the pavement was flrst laid.
Here Mr.. Wilson read number OF
the standard specifications which
beth the city and stree. 81; 49, :, ;
at that tiTne<ageed to as the stand.