The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-06-23
CITY DEMANDS
STATE COMPLY
WITH CONTRACT
Commission to Force Agree
ment on Operation of
Street Car Line
WANTS STREET PAVED
Board of Administration May
BE Ordered to Remove
Car From Thoroughfare
WANTS STREET PAVED

II oldlng that the street car line on
! Fourth street is menace to public
safety where pavement has not been
laid between the rails, the city com
mission will demand that the state
comply with the terms Of the fran
ch!se granted in 1903, when the line
was built. and lay pavement between
the tracks and one and one-half feet
on both sides Of the tracks. Demand
will also be made that the state ap-
ply for a renewal of it's franchise
which expired in September, 1928
President A. p. Lenhart of the city
commission, last night appointed
Commissioners Charles Wachter and
j. B. French to confer with the state
board of administration in regard to
the car line. The committee will
make its report next Monday night
and if the state board does not agree
to have the pavement laid and to re-
new the franchise, it is expected that
the city commission will pass reso-
luton demanding that the state re-
move the rails and other street car
property from the streets within a
reasonable time.
Private Business
In an opinion read before the city
commission last night, c. L. Young,
city attorney. held that when the
state engaged in the construction
and operation of trolley line it
engaged in business of purely pri-
vate corporate purposes, and in its
dealings with reference to such line
it stands upon the same footing as
d private corporation, and its rights
and obligations growing out of it's
contract with the city are the same
as If, in fact, it were private cor
poration.
Attorney Young held in his opin-
ion that the state is now occupying
the streets of Bismarck without
right or authority. as the franchise
granted the state for the car line in
1908 expired in September, 1923. He
held that the continued use of the
streets by the state for railway pur-
poses amounts under the circum-
stances to trespass. The opinion
stated that if the state board of ad-
ministration so desired, it is within
the province of the board of city
commissioners to renew the grant
to the state of the right to use the
streets for purposes of trolley line
for some definite period to be agreed
upon. Should renewal not be
deemed advisable, the board of city
commissioners may adopt a resolu-
tion requiring the state to cease op-
Grafton of the trolley line and to
remove its tracks and other property
from the streets within a reasonable
time. Mr.. Young held.
Agreement Broken
The city attorney stated in his
opinion that the ordinance which
granted a street car line franchise
to the state contains a stipulation
that the state shall keep the space
between the rails. and for space of
one and one-half feet on each side
Of the rails paved and in proper re-
pair. The opinion stated that in
1917 the board of city commissioners
notified the state to- lay pavement
on Fourth street, as required by
contract, but up to the present time
no pavemen has been laid. The opin-
ion held that, should it be agreed
upon to renew or extend the fran
chise, such renewal or extension may
be granted upon the express condi-
tion that the state pave between the
rails on either side, as required by
the contract.
A. F. Bradley, secretary of the AS
sociation of Commerce, told the city
commission last night that the board
of directors Of the association is in
favor of having the operation of the
car line discontinued. He said he
had interviewed 20 merchants Mon
day afternoon, and that all of them
declared that they were against the
continuation of the operation of the
car line.
Members of the city commission
said last night that all attempts
made in the past two years to- reach
an agreement with the state in re-
gard to the car line have failed, and
that the matter must be settled next
Monday night.