CITY OF LOS ANGELES CITY ATTORNEY'S OFFICE COMPILED ORDINANCES OF THE City of St. Paul, Minnesota. Compiled under the direction of James C. Michael, Corporation Attorney, by Hiram David Frankel, • of the Ramsey County Bar. Corrected and Revised to January 1, 1906. ST. PAUL Review Publishing Co. 1908 V I- inn J>6 Ordinance No. 2531. (Approved September 6, 1905.) An Ordinance to provide for the compilation of the ordinances of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That a complete compilation of all ordinances and resolutions enacted by the Common Council of the City of St. Paul, Minnesota, of a public character, down to the close of the year 1905, including a thorough index thereof, in typewritten manuscript, suitable for publication in book form, be prepared and made, under the supervision and to the sat- isfaction and approval of the Corporation Attorney, as an official compilation thereof; the same to be completed and delivered to the City within nine months from the approval of this ordinance. Sec. 2. That the services of the Corporation Attorney in the premises shall be performed without additional com- pensation, but he is hereby authorized to employ H. D. Frankel, from month to month, to assist in the work of said compilation and preparation of index thereto, at a total ex- pense, including all necessary stenography, typewriting, ma- terials and supplies, of not more than twelve hundred dollars ($1,?00), and said sum of twelve hundred dollars is hereby appropriated and set apart from the "General Fund" to pay therefor. Proportionate payments may be made from time to time, but not oftener than once in each month, upon de- livery of completed manuscript and upon certificate of the Corporation Attorney. Sec. '■'>. This ordinance shall take effect and be in force from and after its passage, approval and publication. 353519 PART 1. GENERAL ORDINANCES. BOARD OF ABATEMENT. Ordinance No. 2362- (Approved April 9, 1903.) 1. An Ordinance providing for the salary of the Board of Abatement. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That the salary of each member of the Board of Abatement of the City of Saint Paul, created and existing by virtue of Section 3 of Chapter 212 of the Special Laws of the State of Minnesota for the year 1876, being Section 12, of Chapter XVII, of the Charter of the City of Saint Paul, be and the same is hereby fixed at the sum of three dollars per day for every day's actual service upon said Board of Abate- ment; said sums and all thereof to be payable out of the Mis- cellaneous Account of the General Fund. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. ADVERTISING. Ordinance No. 1887. (Approved August 10, 1896.) 2. An Ordinance prohibiting the erection of structures for advertising purposes within 150 feet of the bound- ary of Como Park. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. No person shall erect or construct, or cause to be erected or constructed, any board or structure of any kind for the display of any advertisement or advertising device within 150 feet of the boundary of Como Park, nor shall any person exhibit or cause to be exhibited any advertisement or advertising device within 150 feet of the boundary of Como Park. 3. Sec. 2. Penalty for Violation. — Any person violating any of the provisions of this ordinance shall he punished by a fine of not less than five nor more than fifty dollars, Or by' im- minent in the St. Paul Workhouse for not less than ten nor more than sixty days. 3. This ordinance shall lake effect and be in force i and after its passage. AREA WALLS. . also, Danger Signals and Building Code.) 4 Excavations — Written permit — Width of Excavation — Wall may be removed, when — Fire plugs and street corner — Arch of brick, etc. — Excavation not to be made under street — Penalty- N T o owner, tenant, or lessee of any lot. or the contractor <»r builder for any owner, tenant, or lessee, shall make or cause made any excavation for the purpose of building an area, cellar foundation, or other improvement, into, upon, or under an}' public highway, street, or sidewalk, or into, upon or under an}- property which has been used or occupied as a public highway, street, or sidewalk, without first obtaining the writ- ten permission of the president of the board of public works therefor. Such written permission shall be in duplicate form, one of which shall be delivered to the party applying therefor, and the other filed with the clerk of the board of public w^orks, who upon its receipt shall file the same, and its date of filing, and register the same in a book to be kept for that purpose, and no such permission shall take effect until such duplicate is filed. Xo permission shall be granted to outer corner of a sidewalk. Such permission shall not authorize the party to place any wall, the outside, or street side of which, shall be more than six feet distant from the property line. Permis- sion to erect area walls, not to exceed eight feet in width from the property line, under sidewalks, may be given by the board of public works of said city, whenever the sidewalk is of suf- ficient width, without in any manner interfering with the street, to permit the same. (Ord., 343, Aug. 7, 1885, § 1, and Ord. 697, July 27, 1886, § 1.) And such permission shall be granted upon the express condition that if the city at any time desires to have placed any fire plug, catch basin, or other public improvement, within any part of such area or where such wall stands, such wall, or such part of it as may be within six feet of the point where such fire plug, catch basin, or other public improvement may be ordered to be placed, shall be removed by the property owners, or by the city at the expense of such property owner, and so much of such area may be taken as may be necessary to protect such fire plug, catch basin, or public improvement; and provided further, that the owner of such property shall, if required by the city, arch over with brick, stone, or iron, such area in such a manner as may be directed. Under this ordinance, no permissions shall be grant- ed to construct any vault or cellar under any part of any street not immediately under a sidewalk. Any person offend- ing against the provisions of this section, shall upon convic- tion of making such excavation, or building such wall, be punished by a fine of not less than ten or more than one hun- dred dollars, and the sum of ten dollars for each day such excavation shall remain within the limits herein prohibited (Ord. 415, June 17, 1881, Article XL, Municipal Code 1884, § 1.) 5. Bond. — Before the said president of the board of public works shall grant such permission, he shall require a written bond from such owner, tenant, lessee, contractor, or builder, with two or more good and sufficient sureties, to be approved by said president or any one of the members of the board of public works, in the penal sum of five thousand dollars ($5,000), for all excavations for the purposes mentioned and specified in section one (1) of this ordinance, within the fire limits of said city, as now fixed and prescribed, or as such limits may hereafter be fixed and prescribed, and for all such excavations as arc made outside of such fire limits said bond shall be in the penal sum of two thousand dollars ($2,000). The conditions of all such bonds shall be, that the principal therein named will leave said street, highway and sidewalk in as good order and conditions as when hi' found the same, and within a reasonable time after the said excavation shall be made; and that he will, at all times, keep the said excava tions suitably and properly guarded by <1;i\ and night, and will save said city harmless from any and all suits, damages, costs and charges by reason of said excavation. 10 The bonds provided for by this section shall be duly exe- cuted and acknowledged as now required for bonds in civil actions, and shall be approved as to the form thereof by the city attorney, and filed by the said president in the office >f the city clerk. (Id. §2.) 6. No more of street to be used than necessary — Duty of city engineer — Council may prevent screening of sand, obstructions, etc. In all cases of building and improvement, it shall be the duty of the owner, tenant, or lessee of the property, and his or their contractors and builders, to use no more of the public street and sidewalk than may be absolutely necessary for the construction of such improvement. It shall be the duty of the city engineer to prevent the accumulation of building ma- terials in the public streets and highways ; he may designate how much of the public street may be encumbered with building materials, and may order and direct the prompt re- moval of such material beyond such limits. The Common Council may, by resolution, prevent the screening of sand, or piling or accumulation of stone, brick, lime, or other ma- terials, or the mixing of mortar, or other obstructions, in any of the streets in said city, if in their judgment the necessities of business shall demand the same, and they may also direct the removal of any such obstruction. (Id. § 5.) 7. Excavations and exposures to be guarded — Duty of city engineer and police. It shall be the duty of the owner, tenant, lessee, contractor, and builder, and of all and each of them, during the construc- tion of any building or improvement, upon or near the line of any public street, highway, alley or sidewalks, to have all excavations, or exposures of any kind, protected and guarded by suitable guards by day, and by lights at night, if necessary; and in case of the failure, neglect, or refusal of said parties, or any of them, to erect such guards and keep the said street, highway, or sidewalk well and securely guarded, it shall and may be lawful for the city engineer, or any police officer of 11 said city, forthwith to stop all work upon the said building and improvement until the said guards are erected and kept in manner aforesaid. (Id. § 6.) 8. Remedy for obstructing — Penalty for violation of pro- visions of ordinance. In case of the failure or refusal of any owner, tenant, or lessee, or of any builder or contractor, to keep all building materials and obstructions within the limits prescribed by the city engineer, or in any case of the neglect, failure, or refusal of the owner, lessee, tenant, or agent in charge of the lot or property upon which any building has been damaged or de- stroyed by fire, storm or freshet, to remove all obstructions or building materials upon the street or sidewalk adjacent to such property within five days after such damage, it shall and may be lawful for the city engineer to seize the said building materials, and sell the same to any one who will remove the same, or at public auction to the highest bidder, for cash, upon twenty-four hours' notice in the official newspaper for said city, if in his opinion the same may be of greater value than the cost of removal. Any owner, tenant, or lessee of any property, or any con- tractor, sub-contractor, or builder, who shall suffer or permit the public streets, highways or sidewalks of said city to be obstructed or encumbered contrary to the provisions of this ordinance, or in any manner shall neglect or refuse to per- form any of the duties required thereby, shall, upon convic- tion thereof, be punished by a fine not exceeding one hundred dollars ($100), nor less than five dollars ($5) for each offense. L2 ARMORY. Ordinance No. 2277. i Approved April is. 1902.) 9 An Ordinance to provide for the erection of an armory for the use of the National Guard of the State of Min- nesota, and to authorize and direct the issuance of bonds to meet the expense thereof. Whereas, Pursuant to the power and authority vested in and conferred upon it. the City of St. Paul has heretofore and some years past leased the Armory property owned by the St. Paul Armory Association for the use of the companies of the National Guard of the State of Minnesota located at and quartered in said city, which said arrangement as to the leas- ing of the said property includes within it a contract of lease- hold heretofore entered into by and between the City of St. Paul and the said Armor}' Association, which said contract or lease will not expire by its terms until December 31, 1915, necessitating" an annual expenditure, under its terms, by the City of St. Paul, for militia purposes, of at least four thousand dollars ; and AYhereas, The said St. Paul Armory Association has in- dicated its willingness to, and has tendered a warranty deed to lots one, two and three of block five, in Rice and Irvine's Addition to St. Paul. Ramsey County, Minnesota, the prem- ises upon which its present Armory, so under leasehold by the City of St. Paul, now stands, to said city, on the condition that the City of St. Paul shall discharge the existing incum- brances thereon and shall proceed forthwith to the erection and maintenance on said premises in lieu of the old Armory building now standing of a new and substantial Armory build- ing for the use of the National Guard as aforesaid; and Whereas, it appears that the annual expenditure for militia purposes in the way of the maintenance of the said Armory building after its erection and completion, will be re- duced from four thousand dollars to two thousand five hun- dred dollars, and that no other or additional sums will be re-, quired thereafter, at least before the 31st day of December, 1915 ; and 13 Whereas, The Common Council of the said City of St Paul deems it expedient to accept the tender and donation of the premises aforesaid, as made by the said St. Paid Armory Association unconditionally, except as hereinafter recited, and to erect a new and substantial Armory building thereon; now, therefore, following the recommendations of the board created by section one, chap. 54, General Laws of 1891. 10. The Common Council of the City of St. Paul do ordain as follows: Sec. 1. Bond issue. — That the proper city officers be and they are hereby authorized and directed to issue ninety-nine thousand dollars in and of the bonds of the City of St. Paul. executed in form as required by the charter of the City of St. Paul and under the direction of the Sinking Fund Committee of said city, in denominations of one thousand dollars each, and each bearing the date of May 1, 1902, and further bearing in- terest at the rate of three and one-half per cent per annum, payable semi-annually at the office of the financial agency of the City of St. Paul, in New York City, the principal of each thereof to be payable at the said office of said financial agency of the City of St. Paul in the City of New York on the 30th day of April, 1922; the said bonds to be issued for, and their proceeds, including any premiums realized thereon, to be em- ployed in the acquisition of the site for an Armory for the National Guard of the State of Minnesota in the City of St. Paul hereinbefore referred to, and the erection and comple- tion, with all necessary fittings and equipment, of a suitable building thereon, all as provided for and authorized in and by the terms of chapter 54 of the General Laws of the Stat Minnesota for the year 1891, and for section 110 of chapter 118 of the General haws of the State of Minnesota, for the year 1897, as amended by section G of chapter 231 of tin- General Laws of the State of Minnesota for the year 1899, and as the same was further amended by chapter '■>'■'< of the General Laws of the State of Minnesota a1 the extra session of the Legisla- ture in the year 190?. 11. See. 2. That said bonds when so issued shall he nego- tiated and sold by the sinking fund committee provided for in 14 the charter of the Cit} of St. Paul, and the proceeds thereof, as hereinbefore referred to, shall be placed to the credit of the "Armory Account" of the "General Fund" in the treasury of the said City oi St. Paul by said committee as soon as realized, to be used for the purposes above named and in the manner provided by law. 12. Sec. 3. Use of Drill Hall. — That the use and posses- sion of said Armory and drill hall, when so erected, be and the same is hereby granted to the several organizations of the National Guard of the State of Minnesota, stationed in the City of St. Paul, under the control and management of the commanding officer or military board designated by the laws, rules and regulations governing the National Guard ; and the sum of two thousand five hundred dollars, annually, is hereby appropriated for the maintenance and other neces- sary expenses of said armory, to be paid to said armory board in quarterly installments of six hundred and twenty- five dollars each, payable on the first days of January, April, July and October of each year, for and during the term com- mencing upon the completion and acceptance of said armory, and ending December 31, 1915. In aid of the maintenance, equipment and improvement of said armory, and when not in- consistent with the proper performance of military duty by the troops occupying the same, the management of said armory may grant the use of any part thereof for lawful purposes to such persons, corporations, or associations, and upon such terms and regulations as tney may deem proper, and apply the proceeds thereof to the maintenance, equipment and im- provement of said armory. 13. Sec. 4. Old Lease Canceled. — The agreement or lease dated January 2, 1901, made by and between the St. Paul Armory Association and the City of St. Paul, is hereby can- celed ; and, for the purpose of providing and fitting out tem- porary quarters for the said organizations of the National Guard, the appropriation hereto before made pursuant to said lease is hereby continued in force to be paid in quarterly in- stallments to the said armory board, pending the erection and until the completion and acceptance of said new armorv. 15 14. Sec. 5. Ordinance Numbered 22 Tl of the General Ordinances of the City of St. Paul, entitled "An ordinance to provide for the erection of an armory for the use of the Na- tional Guard of the State of Minnesota and to authorize and direct the issuance of bonds to meet the expense thereof," approved April 5, 1902, is hereby repealed. Sec. 6. This ordinance shall take effect and be in force from and after its passage, approval and publication. AUCTIONEERS. (See, also, Licenses.) 15. License to be obtained. — No person other than per- sons authorized to act as auctioneers by the laws of the State of Minnesota, shall within the limits of the City of St. Paul act as auctioneer, or. engage in the business of auctioneer, un- less such person shall first obtain a license so to do as herein- after, provided. (Ord. 1738, March 8, 1894, § I.) 16. Applicant to apply in writing -to common council. — Every person desiring to obtain a license to act as auc- tioneer or to engage in the business of auctioneer in said city shall apply in writing for the same to the common council of said city- In his application he shall designate the place in which he proposes to conduct his business, and the particular line of business, if any, in which he proposes to engage. (Id. § 2.) 17. Applicant's bond. — With the written application re- quired in section 2 hereof the applicant shall transmit to the common council a bond duly executed to the City of St. Paul by the applicant as principal, and by at least two Other persons as sureties in the penal sum of one thousand dollars ($1,000), conditioned upon the due observance of the ordi- nances of said city on the pari of said applicant as auctioneer, and upon his proper accounting to parties lawfulbj inten therein for moneys and proceeds derived from 9ales at auction made by him. (Id. §3.) Hi IS. Council to direct city clerk to issue license. — Upon receiving from any person the application and bond hereinbefore described the common council, if it shall deem the applicant a fit person to act as auctioneer and to engage in business as such, and if it shall deem the said bond by him offered to be good and sufficient, shall authorize and direct the city clerk to issue to said applicant a license to act as auc- tioneer and to engage in business as such, upon the payment of the tee specified in the section next following. (Id. §4., 19. License Fee — License for one year — Council may re- voke. — Said applicant shall, before obtaining the license ap- plied for, pay to the city treasurer for the City of St. Paul the sum of two hundred dollars ($200) as a fee for such license. Upon the payment by said applicant of said fee and upon the authority of the common council conferred as hereinbefore provided, the city clerk shall issue to said applicant a license to act as auctioneer and to engage in business as such. Such license shall entitle the licensee to the privileges by it granted for the term of one year from its date ; provided, however, that the common council may at any time revoke any license granted under this ordinance for malconduct in the course of trade on the part of the licensee. (Id. §5.) 20. Place of business, etc., council may change. — Every license granted under this ordinance shall state the place, as specified in the application for such license, at which the li- censee is to conduct his business ; and no person other than the persons authorized by the laws of the State of Minnesota shall act as auctioneer or engage in business as such at any place in said city not designated in his license unless per- mission so to do shall first be obtained in writing from the mayor of said city; provided, however, that the common council may change the place of business at which any person licensed under this ordinance shall act. (Id. §6.) 21. Penalties. — Every person who shall violate the pro- visions of this ordinance shall, upon conviction thereof, be 17 subject to a penalty of a fine of not less than ten dollars ($10) nor more than seventy-five dollars ($75), or imprisonment in the workhouse of said city for not less than ten (10) nor more than sixty (60) days, in the discretion of the municipal court of said city. (Id. §7.) 22. Repeal of Ordinance 301. — Ordinance number 301 of said city, entitled "An ordinance in relation to auctioneers," approved Aug. 17, 1882, published Aug. 18, 1882, and all other ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Id. §8.) 23. Auctioneers not to collect crowds on streets or side- walks — Penalty. — No person or persons shall sell or attempt to sell, or shall cry for sale at public auction in the City of St. Paul, any goods, chattels, or personal property whatever, to any person or persons, upon the sidewalks or streets within the said city, so as to collect a crowd upon the said sidewalks and streets, whereby the free passage thereof to any person or persons is prevented or hindered. This section shall in- clude licensed auctioneers of the city, and it is hereby made the express duty of the chief of police and all police officers of said city, to cause the strict observance of this and all other ordinances relative to the obstruction of sidewalks and streets within said city. Any person violating any provision of this ordinance, shall, upon conviction thereof, be punished by a fine not ex- ceeding fifty dollars ($50). (Ord. No. 438, approved Aug. 19, 1884, §§13, 21.) 24. Gongs not to be sounded — Penalty. — It shall be unlaw ful for any person, firm or corporation to sound gongs on or along the streets, highways, alleys or other public property or places for the purpose of advertising any auction sale or other business, or for the purpose of attracting attention to any advertising wagon or other vehicle or otherwise, or in any manner sound gongs on or along any of I lie sheets, high- ways, etc, of the City of St. Paul for any cause. IS Any person convicted of violating the provisions of this ordinance shall be fined in a sum not less than twenty-five dollar- ($25 "i" more than one hundred dollars ($100). I M-.l. No. ;ii. approved Sept. 7, L886, §§ 1, 2.) AUDITORIUM. Ordinance No. 2525. (Approved August 9, 1905.) An Ordinance to provide for the construction and maintenance of a municipal building suitable for auditorium purposes, and to create an auditorium board for the management thereof. The Common Council of the City of St. Paul do ordain as follows : 25. Sec. 1. Membership. — That upon the passage of this ordinance the Mayor shall appoint five resident freeholders of said city as an Auditorium Board, whose terms of office shall be respectively for one, two, three, four and five years, and an- nually thereafter the Mayor shall appoint one member of said Board whose term shall be five years, and shall fill all vacan- cies therein, from whatever cause, with persons of like quali- fications. The members of said Board shall file the usual oath of office with the Comptroller, and shall, within ten days from their appointment, and annually thereafter, meet and select from their number a president and vice president of said Board. Said Board shall hold stated meetings as often as once in each month and shall keep a record of its proceedings, and the City Treasurer. Comptroller and City Clerk shall be re- tively treasurer, comptroller and clerk, ex-officio of said Board. The members of said board shall serve without compen- sation. 26. Sec. 2. — Funds and building. — That as soon as sufficient funds therefor are in the City Treasury, provided by public do- nation, or otherwise, said Board shall, with the approval of the Common Council, procure a suitable site at some convenient 1!) point in said City, and cause to be erected thereon, for said City, a municipal building suitable for auditorium and other municipal purposes and the accommodation of large gather- ings of people on public occasions, at a cost of not more than three hundred thousand dollars. Said site and building shall be the property of the City of St. Paul, and all contracts in relation to the construction of said building shall be made by said City as provided for by Chapter fifteen of the City Charter upon the advice and recommendation of said Board, provided said Board shall have authority to advertise and receive bids in that behalf, but shall report the same to the Common Council for confirmation and award of the contract thereon. Said Board shall also, with the approval of the Common Council, have the right to employ an architect to prepare plans and specifications for and oversee the construction of said building subject to the general superintendence of said Board. 27. Sec. 3. Charge of Building. — When said building is completed, said Board shall have charge of the maintenance and operation thereof, and with the approval of the Common Conned shall have the right to employ all necessary help in connection therewith. 28- Sec. 4. Disposal of receipts. — All money derived from the use of said building shall be dad}- turned into the City Treasury and shall be credited to a fund to be known as tin- Auditorium Fund, and the expense of maintaining said build- ing shall oe paid from the same fund. Any and all profits which may accrue from said building, in excess of the cost of maintenance and operation, shall at the end of each fiscal year, be se1 apart and preserved as a sinking fund to aid in the redemption of any bonds thai may b( issued for the construction of said building, and payment of the interesl thereon. 29. Sec. 5. Annual reports. — Said Board shall in the month of January of each year, and at such times as the Coin mon Council may require, make to the Mayor and Common Council a full and detailed report of its proceedings, including 20 - and expenditures and the source thereof, for the preceding year. Sec. ti. This ordinance shall take effect and be in force from and after its passage* approval and publication. AUTOMOBILES. Ordinance No. 2301. i Approved August 22, 1902.) An Ordinance regulative to automobiles, locomobiles, and all other so-called "horseless carriages," traveling upon the streets of the City of St. Paul, and fixing a penalty for the violation thereof. The Common Council of the City of St. Paul do ordain as follows : 30- Sec. 1. Speed limit. — That hereafter it shall be unlaw- ful for any person or persons riding, driving, managing or conducting any automobile, locomobile, or any "horseless carriages," to allow or permit the same to travel or run upon any of the streets or highways of the City of St. Paul at a rate of speed to exceed ten (10) miles per hour. 31. Sec. 2. Lamps at night. — That hereafter it shall be un- lawful for any person or persons riding, driving, managing or conducting any automobile, locomobile or any "horseless carriages," to allow the same to travel or run upon any of the its or highways of the City of St. Paul after sunset with- out having attached thereto a lighted lamp, either in front or one on each side. 32. Sec. 3. Penalty. — Any person who shall violate any o: the provisions of this ordinance shall, upon conviction there- of, be fined in the sum of not less than ten dollars or more than one hundred dollars, or by imprisonment for not less than ten or more than eighty days. Sec. 4. This ordinance shall take effect and be in force from and after its passage, approval and publication. 21 AWNINGS. 33. In fire limits, how constructed — Elevation — Other awnings, how constructed — Elevation — Penalty. All awnings hereafter constructed or suspended within the fire limits of the city of St. Paul, as defined and established by any ordinance of said city, shall be covered with cloth, leather, or other light and pliable substance, and securely at- tached to the building and properly supported without post, by iron or other metallic fastenings and supports, and shall be elevated at least eight feet at the lowest part thereof above the top of the sidewalk, and shall not project over the sidewalk to exceed three-fourths of the width thereof, so as to leave the sidewalk wholly unobstructed thereby, and no such awn- ing shall be erected or repaired, either wholly or in part, of wood. All other awnings shall be elevated in the lowest part thereof at least eight feet above the top of the sidewalk, and may be supported by a rail placed on posts erected on the outer edge of the sidewalk. Any person who shall erect any awning contrary to the provisions hereof or refuse or neglect forthwith to remove any awning or awning posts, heretofore or hereafter erected contrary to the provisions hereof, shall, upon conviction thereof, forfeit and pay a fine of not less than five dollars ($5) nor more than one hundred dollars ($100) for each offense. (Ord. No. 241, approved June 7, 1881, § 1.) 34. Iron frame work — Penalty. — Where awnings are at- tached to buildings, the frame work shall be of metal. Any person who shall violate any of the provisions of this ordinance, where no other penalty is provided, shall be subject to a fine of nol less than ten dollars (Sim. nor exceeding one hundred dollars ($100), for each and every offense. Any builder, contractor or plumber who shall construct, and any architect having charge of the same who shall permit to be constructed, any building or plumbing in violation of this article, shall be liable to the penalties provided and im- posed by this section. (Ord. No. 340, approved June 22, 1883, §§62, L07.) 82 BAIL. 35. Special bail for violation of ordinance. — That any per- son or persons arrested for the violation of any city ordinance shall have the right to release himself or herself from such arrest, by giving special bail in double the amount of the high- fine which can be imposed for the violation, conditional for his or her personal appearance at the next session of the municipal court. (Ord. July 1, 1873, § 1.) 36. Duty of officer in charge of police station. — The chief of police or captain of police, who may be in charge of the police station when such person or persons shall be confined, when such bails are offered, is hereby authorized and required to take and approve such bail bond. (W. § 2.) 37. Bondsmen must be freeholders — Money may be de- posited. — Xo person shall be taken as special bail for any per- son arrested for the violation of any city ordinance who shall not be a freeholder within the City of St. Paul, or unless he or she shall deposit with the chief or captain taking such bail a sum of money equal to the penal amount of such bond, and stipulate in such bond that said money may be held by the City of St. Paul, to answer, pay and discharge any judgment which mav be rendered on such bond. (Id. § 3.) BARBER SHOPS. Whereas. A majority of the barbers of the City of St. Paul have petitioned the common council of said city for the passage of an ordinance by said common council prohibiting the opening of barber shops or the doing of barber business therein on the Lord's Day. commonly called Sunday. Xow. therefore, the common council of the City of St. Paul do ordain as follows : 23 Barber shops not to be open, and barber work not to oe done on Sunday — Exception. 38. Sec. 1. That it shall be unlawful for any barber or company of barbers within the limits of the City of St. Paul to keep open his or their barber shop or place of business, or to do or perform, or to permit to be done or performed therein, any barber business of any name, nature or kind, either by himself, a journeyman barber, or any other person, whether engaged in or employed in and about his said shop or place of business as such barber journeyman or otherwise, within the limits of the City of St. Paul at any time on or during the Lord's Day, commonly called and known as Sunday. Provided, however, that the provisions of the above and foregoing section shall not apply to the works above men- tioned which are of necessity, or of charity, or when done for the good order or health of the community, or for travelers, or sick or infirm persons, if performed outside of their shops or place of business. (Ord. No. 651, approved April 28, 1886, § 1.) 39. Penalty. — Any barber or other person who shall violate the provisions of the above and foregoing ordinance shall, upon conviction thereof before any court having jurisdiction of such offense, be punished by a fine not exceeding the sum of twen- ty-five dollars ($25), nor less than ten dollars ($10). (Id. §2.) BEGGING. Ordinance No. 1890- (Approved August 21, L896.) An Ordinance providing for the prevention of street begging, and for the punishment of persons who annoy pedestrians in the city of St. Paul. The Common Council of the City of St. Paul do ordain as f< >11' >ws : 40. Sec. 1. Begging Defined. — No person or persons shall, upon the public streets, lanes, alle) ways or any other public place, beg money or engage in streel beggii Sec 2. No person or persons shall go from housi house begging alms in said City of St. Paul. •.'I Sec. 3- No person or persons shall accost strangers, or and annoy people upon the streets of said city by beg- otherwise misbehaving themselves. 41. Sec. 4. Penalty. — Any person violating- the pro- •is of this ordinance shall be punished by a fine of not nor more than $15, or by imprisonment for not less than ten or more than thirty days. Sec. 5- This ordinance shall take effect and be in force from and after ige and publication. BICYCLES. Ordinance No. 2199. i Approved June 27, 1901.) An Ordinance relating to bicycles and bicycle paths, restrict- ing and regulating the riding and using of bicycles and prescribing measures for the protection and maintenance of bicycle paths within the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : 42. Sec. 1. Riding on sidewalks — Streets. — Xo person shall ride any bicycle along or upon any sidewalk of the paved portion of any street in the City of St. Paul nor upon the sidewalk of any street upon or along which a bicycle path has been constructed, nor upon the sidewalk or foot path of any park., nor upon the sidewalk or foot path of any of the bridges in the City of St. Paul, nor upon or along the side- walk of any street within the limits bounded by and including the following streets., to-wit: Commencing at a point on the northern bank of the Mississippi river at its intersection with Smith avenue to St. Clair street, thence westerly on St. Clair street to St. Albans street, thence northerly on St- Albans street to Pleasant avenue, thence easterly on Pleasant avenue lakland avenue, thence westerly on Oakland avenue to Summit avenue, and thence westerly on Summit avenue to Victoria street, thence northerly on Victoria street along the east line thereof to Van Buren street, thence easterly on Van Buren street to the center line of Como avenue, thence on the center line of Como avenue to Rice street, thence 25 northerly on Rice street to Sycamore street, thence easterly on Sycamore street to Cortland street, thence southerly on Cortland street to Acker street, thence easterly on Acker street to Mississippi street, thence southerly on Mississippi street to Minnehaha street, thence easterly on Minnehaha street to Arcade street, thence southerly on Arcade street to East Sixth street, thence on East Sixth street to the tracks of the St. Paul & Duluth Railway, thence along the tracks of the St. Paul & Duluth Railway to Kittson street, thence southerly on Kittson street to the Mississippi river, thence along the Mississippi river to the place of beginning. 43. Xor upon the sidewalks on either side of Summit ave- nue east of Albert street, nor upon the sidewalk on either side of Hastings avenue from Earl street to Bates avenue, nor up- on the sidewalk on the east side of Rice street from University avenue to Maryland street, nor upon the west side of Mis- sissippi street from Acker to York street, nor upon the side- walk on the south side of Acker street from Cortland to Mississippi street, nor upon the sidewalk on the south side of Maryland street from Dale street westerly to the city limits, nor upon the sidewalk on the west side of Forest street from Minnehaha street to Hastings avenue, nor upon the side- walk on both sides of Edgerton street from Minnehaha street to Maryland street. (Ordinance No. 2300, approved August 12, 190 44. Nor upon the sidewalks on either side of Fauquier street from Payne avenue to Duluth avenue, and the side- walks on either side of Reaney street from Payne avenue to Duluth avenue; nor upon the sidewalk on the west side of Burr street from Minnehaha street to Case street. 45. Xor upon the sidewalk on the north side of Maryland street from Rice street to Western avenue. Nor upon the sidewalk on the side of Wells streel from Payne avenue to Greenbrier avenue, nor upon the sidewalk on Case streel from Burr streel to Payne avenue. 46. Provided, however, that the foregoing shall nol apply to the sidewalks on the north side of Pleasanl avenue west of Ramsey street, nor to the sidewalk on the west side of North 26 Oak- street between Dayton avenue and Martin street, nor upon the south side of Portland avenue, from Dale street to Victoria street, nor upon the west side of Victoria street, from Summit avenue to Portland avenue, nor to the sidewalk on the north side of Dayton avenue, from Lexington avenue to Vic- toria street, nor to the sidewalk on the south side of Acker street, from Mississippi street to Jackson street. 47. Sec. 2. Streets — Continued. — No person shall ride any bicycle along or upon the sidewalk of any street within the limits hounded by and including the following streets, to-wit: Commencing at the southern bank of the Mississippi river at the intersection therewith of Robert street, thence along South Robert street to Isabel street, thence along Isabel street to State street, thence along State street to Congress street, thence along Congress street to Brown avenue, thence along Brown avenue to Robie street, thence along Robie street to State street, thence along State street to the center of Concord street, thence along the center of Concord street to South Wabasha street, thence along South Wabasha street to the Mississippi river, and thence along said river to the place of beginning. 48. Xor upon the sidewalk on the east side of Oakdale avenue, from State street to Curtice street, nor upon the side- walk on either side of Concord street, from State street to Brown avenue, nor upon the sidewalks on either side of Oak- dale avenue from the south side of Prescott street to Page street. 49. Xor upon the sidewalk on the south side of Prescott street, from Oakdale avenue to Woodbury street, nor upon the sidewalks upon East Fairfield avenue from Robert street to State street, nor upon the sidewalk on the north side of Fairfield avenue from Wabasha street to Ethel street, nor up- on the sidewalk upon the north side of Winifred street, from Ohio street to South Wabasha street, nor upon the sidewalk upon the east side of South Robert street from Dearborn street to Morton street; nor upon the sidewalk on the south side of George street from Ohio street to Charlton street; r upon the sidewalks on Hall avenue from Winifred street •r, to the edge of the bluff, nor upon the sidewalks upon Green- wood avenue from Delos street to Winifred street. 50. Provided, however, that the foregoing shall not apply to the sidewalks on the east side of State street from Concord street to Robie street, nor to the sidewalk on the east side of Greenwood avenue, nor to the sidewalk on the west side of Starkey street, nor to the sidewaiK on the east side of Starkey street trom Chicago avenue north, nor to the sidewalk on either side of Fillmore avenue from South Wabasha to South Robert street, and provided further, however, "That no person shall ride any bicycle along or upon the sidewalk upon the west side at any time or upon the sidewalk on the east side, upon Sundays, of the High Bridge, so-called, crossing the Mississippi river at Smith avenue." (Ordinance No. 2360, approved April 3, 1903.) 51. Sec. 3. No person or persons shall ride a bicycle along, over or upon any street, road, bicycle path or other public way in the City of St. Paul at a rate of speed exceeding ten miles an hour, nor shall any person or any persons ride a bicycle over, along or upon any of the public sidewalks of any un- paved portion of any street within the City of St. Paul outside of the limits prescribed in chapter one hereof at a rate of speed exceeding six (6) miles an hour. 52. Sec. 4. No person or persons shall hereafter carry, transport or convey upon any bicycle upon which at the time he or they shall be riding, any child under the age of twelve years, nor shall any person or persons ride a bicycle anywhere within the corporate limits of the City of St. Paul withoul having at least one hand upon the handle bar thereof al all times; nor shall ;in\ person or persons ride a bicycle within the corporate limits of the City of St- Paul withoul having attached to the handle bar thereof and In a position to be easily reached by the hand of the person riding said bicycle, a suit- able bell; nor shall any person or persons ride any bicycle anywhere within the limits of the Cit\ of St. Paul a1 an) time between dust and dawn unless there shall be attached to the front part of Raid bicycle in a conspicuous place and throwing 28 ays directly in front of the said bicycle a lighted lamp or lantern. 53. Sec. 5. X" person or persons shall, while riding a bicycle within the corporate limits of the City of St. Paul, make any loud noise or disturbance, nor ring harshly any loud bell . nor make any hideous or unseemly noise, nor shall any person or persons riding a bicycle anywhere within the limits of the City of St. Paul approach any pedestrian or any vehicle in actual use without giving warning of his or their approach by ringing the bell, in the next preceding section provided for. 54. Sec. 6. No person or persons shall injure, obstruct or destroy or drive or cause or allow to be driven any cattle, sheep, horses, swine, or other animal, or any team or vehicle other than a bicycle along, or upon any bicycle path in the City of St. Paul constructed for the use of bicycles, except for the purpose of crossing any such path at street intersec- tions and at private driveways. Provided, however, that nothing in this section shall be construed to abridge or in any manner to impair the right of access to adjoining or abutting property or the lawful use of any street or alley in connection therewith. 55. Sec. 7. Xo person or persons shall willfully drop., throw, or place, or cause or procure or allow to be dropped, thrown or placed in, on or upon any bicycle path or any public avenue, street, sidewalk, alley, road, bridge, foot path, park- way, highway or other thoroughfare within the City of St. Paul, any glass or piece of glass, or tacks or barbed wire or piece of wire,, or other metal, brier, thorn, or any other sub- stance which would have a tendency to injure or puncture any tire used on any bicycle, or which in any event would have a tendency to wound, disable or injure any person using a bicycle in said city. 56. Sec. 8. Penalty. — Any person or persons violating any of the provisions of either of the two chapters of this ordinance shall, upon conviction thereof, be fined not less than one dollar ($] i nor more than one hundred dollars ($100), or im- 29 prisonment for not less than one (1) day nor more than ninety (90) days. Sec. 9. Repeal of old ordinances. — All ordinances or parts of ordinances in any manner contravening or in any way inconsistent with any of the provisions of this ordinance are hereby repealed. Sec. 10. This ordinance shall take effect and be in force from and after its publication. 57. Sec. 1- Limits defined. — That hereafter it shall be un- lawful for any person to ride any bicycle on the sidewalk on the north side of Beech street, between Seventh and Cypress streets. 58. Sec. 2. Penalty. — Any person who shall violate the provisions of this ordinance shall be punished by a fine of not more than ten dollars, or by imprisonment for not more than five days, for each offense. Sec. 3. This ordinance shall take effect and be in force from and after the passage, approval and publication. (Ord. No. 2465, approved Aug. 22, 1904.) BICYCLE PATHS. Ordinance No. 2493. (Approved February 13, 1905.) An Ordinance to provide for the construction and mainten- ance of cycle paths in the City of St- Paul, and to regulate the use thereof, the City Council of the City of St. Paul do hereby ordain as follows : 59. Sec. 1. Commission created. — The Ramsey County Side Path Commission is hereby authorized and empowered to construct and maintain cycle paths along such streets of the City of St. Paul as shall hereafter be designated by reso- lution of the City Council. 60. Sec. 2. Width of paths. — Said paths shall no1 be less than four (4) feet nor more than eighl (8) feel wide, and shall be located along such portion of the public street as shall from time to time be determined and designated by resolution of the City Council. 30 61. Sec. 3. License tag. — No person shall ride a bicycle g any portion of any path so constructed without first hav- ing obtained and affixed to his wheel a license tag, as herein- after provided. 62. Sec. 4. Fee for tag. — Any person may, upon applica- tion to the City Clerk of the City of St. Paul, and the pay- ment to him of a fee of fifty (50) cents, obtain from him a bicycle license tag. Such tag" shall be of a pattern or design to he determined by the Ramsey County Side Path Associa- tion, shall he conspicuously affixed to the left front fork of said bicycle, and when so affixed shall be good during the cal- endar year in which said tag is issued and no longer. 63. Sec. 5. City Clerk to register. — The City Clerk shall ster in a suitable book, to be by him kept for that pur- . the name and residence of the applicant for each license, together with the number of such license and the make, style, year and manufacturer's serial number of the wheel to which said tag is to be affixed. 64. Sec. 6. Money received. — All moneys received by the City Clerk for license fees, as provided in section four (4) of this Ordinance, shall be by him turned over upon the first day of each month' to the City Treasurer of the City of St. Paul, who shall keep the same separate and apart from all other funds belonging to said city: and said moneys shall constitute a fund to be used only for the purposes of construction and maintaining bicycle paths, as provided in this Ordinance, and for defraying the expense of procuring and issuing the bicvele hcens Mentioned in section four (4) hereof. 65. Sec- 7. Signs to be put up.— The Ramsey County Side Path Commission shall cause to be placed along said paths at suitable intervals signs marked "Cycle path for licensed wheels only." 66. Sec. 8. Application to old paths. — All provisions of this Ordinance shall apply as well to all cycle paths heretofore ructed under the authority of the Common Council of the St. Paul, the Board of County Commissioners of the County of Ramsey, or the Ramsey County Side Path Com- mission 31 67. Sec. 9. Penalty. — Any person violating any of the provisions of this Ordinance shall, upon trial and conviction thereof, before the Municipal Court of the City of St. Paul, be punished by a fine not to exceed ten ($10) dollars, or in default in the payment thereof by imprisonment in the workhouse of the City of St. Paul for a period not to exceed ten (10) days. 68. Sec. 10. Control of paths — It is hereby enacted that the care of the paths shall be entirely within the control of the Ramsey County Side Path Commission. Sec. 11. This Ordinance shall take effect and be in full force from and after its passage. BILL BOARDS, FENCES, BILL POSTING, ADVERTIS- ING, DEFACING STRUCTURES, ETC. 69. Sec. 1. No person, firm or corporation shall hereafter construct or cause to be constructed in the City of St. Paul, in front of or along the line of any lot, piece or parcel of land adjoining any or either of the streets, avenues or other public property of the City of St. Paul, any board fence exceeding 4. 1-2 feet in height, nor shall any person, firm or corporation hereafter construct or maintain or cause to be constructed or maintained, anywhere in the City of St. Paul, any fence of horizontally strung barbed wires less than four feet in height, nor shall the wires of which the same shall be constructed be more than one foot apart, nor shall any such fence be con structed along the line of any graded streel except with a wooden or board rail the full length of the top thereof, so placed and constructed as to afford protection from the top mosl wire thereof. (Ord. No. 515, approved May 19, L885, as amended by Ord. Xo. 21 Hi, approved Ma\ ;, L900.) (See, also, ( )nl. Xo. L937, approved June 22, L897, and as to board fences, etc., see See i Ion L08 of the Building Code.) Bill posting and advertising, mutilating and defacing forbidden on St. Paul bridge — Penalty. 70. Xo person shall place on, or attach to, any pan of said bridge an) s-ign, notice, bids, posters, placards, advertisem device or other thing, or shall in any manner injure, mutilate 32 ac< the same; and a violation of any of the provisions of this section shall be punished by a fine of not less than five dollars ($5) nor more than twenty-five dollars ($25). irdinance of Aug. 1, 1876, § 1.) Bill posting and advertising on lamp posts, electric wire poles, fences, etc., on private property — Consent of owner — Persons employed are agents and liable — Penalty. 71. Thai hereafter it shall be unlawful for any person or per- 5j firm, corporation, or association of individuals to, in any manner, exhibit or advertise any kind of business, entertain- ment, meeting or other matter or thing whatsoever, by post- pasting or affixing in any manner any cards, handbills, pictures, engravings, lithographs, show bills, or advertisement of any kind or description, either printed or in writing, or any picture, representation or other method of advertising any- thing whatsoever, on or upon any lamp post, electric light poles, telegraph poles or telephone poles, or upon any post or fence, or on or upon any building or structure, or window of any building or structure, or upon any bill-board, sign-board or advertising display of any kind within the limits of the City of St. Paul. Minnesota, unless the building or object up- on which the same may be placed is the property, or under the control of the person, firm, corporation, or association of individuals so doing, or unless the consent of such owner or the person in control thereof shall be first obtained. 72. Any person, firm, corporation, or association of indi- viduals who shall employ or procure any other person or per- sons to distribute or post up any advertising matter of any of the kinds aforesaid shall be deemed to constitute such person or persons their agents, and shall be responsible under this ordinance and subject to the penalties herein prescribed for the acts of the person or persons so procured or employed, in case of the violation by such person or persons of any of the provisions of this ordinance, and the persons so procured or employed, in case of violation of any of the provisions of this ordinance by them, shall themselves be likewise punishable under this ordinance as hereinafter prescribed. 73. Any person violating any of the provisions of this or- dinance shall he deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five dollars ($5) nor more than twenty-five dollars ($25), for each offense. Bill posting and advertising on lamp posts and electric wire poles, etc. — Owner must not permit — Advertisements to be removed — Penalty. 74. Xo person or persons shall nail, paste, glue or fasten in any manner any bill, card, advertisement, poster, picture, or printed or illustrated paper or painted sign of any descrip- tion upon any lamp post in the city of St. Paid, or upon any mast or pole in the streets of the City of St. Paul, or used for supporting or conducting any wires, cables, ropes or signs, whether said person or persons have the permission of the owners of said masts or poles or otherwise. 75. The owner or owners of any mast or pole standing in the streets of the City of St. Paul, whether said masts or poles are used for conducting electric wires or cables, or for oilier purposes, shall not grant permission to any person or persons to attach thereto in any manner any bill, card, advertisement, poster, picture, or printed or illustrated paper, or painted sign of any description, and said owner or owners shall within twenty (20) days after the passage of this ordinance cause to be removed from said masts or poles all of said articles en- umerated in this section, and which are forbidden by this ordinance to be placed upon said masts or poles. Any person or persons violating any of the provisions of this ordinance shall be punished by a fine in a sum not less than ten dollars ($10) nor more than seventy-five dollars ($75), or by imprisonment for not less than five (5) nor more than thirty (30) days in the city workhouse. (Ord. No. 1795, approved Dec. L3, 1894, §§ 1, S, 3.) 76. License for bill posting and advertising — Penalty — Exceptions — Inconsistent ordinances repealed. — Any person desiring to post bills, advertisements, or paper upon any bul- letin or bill board, or elsewhere in the City of St. Paul, or to tack, nail or put up any tin, hoard or card signs upon any 34 bulletin or bill beard, or elsewhere in said city, shall first pay into the city treasury of said city a fee of fifty dollars ($50) per annum for the privilege of doing the same, and shall ob- tain a license therefor; and any person failing to comply with this ordinance shall be subject to a fine of not less than fifty dollars 1^50), nor more than one hundred dollars ($100), or by imprisonment for not less than thirty (30) days, nor more than ninety (90) days, for each and every offense; provided, however, that nothing herein contained shall apply to persons painting, posting, tacking up, or suspending cards, signs, or advertisements of their own business, profession or. calling upon their own premises, whether leased or owned by them. All ordinances or parts of ordinances inconsistent here- with are hereby repealed. (Ord. No. 1792, approved Dec. 18, 1894, §§ 1, 2.) 77. That nothing in this ordinance contained shall be con- strued to prohibit or in any wise prevent the posting of any signs on any poles or in any other places or positions when the same shall have been directed so posted or placed by au- thority of the Commissioner of Health. (As amended by Ord. No. 2178, approved March 21, 1001.) 78. Inspector of buildings to make rules and issue per- mits. — That the building inspector of St. Paul is hereby au- thorized and empowered to make such rules and regulations as may be deemed proper under the statutes and ordinances of the City of St. Paul in regard to the erection of bill boards and to issue permits for the same. That the building inspector of St. Paul is hereby author- ized and empowered to make such rules and regulations as may be deemed proper under the statutes of the State of Min- nesota and ordinances of the City of St. Paul, in regard to the election and maintenance of bulletin and bill boards, and to issue permits for the same. (Ord. No. 823, approved Aug. 16, 1887, § 1, and Ord. No. 1892, approved Jan. 15, 1895, § 1.) Council may revoke permit. — The Common Council re- serves the right to revoke said permit at any time and to order said bill board taken down and removed. (Ord. No. 823, approved Aug. 16, 1887, § 3.) BREAD. 79. To be made of good flour — Weight of loaf — Loaf to be marked. — That all bread manufactured by any person in said city, for sale, or offered for sale, or sold in said city, shall be made of good and wholesome flour, or meal, into loaves of one ( 1) or two (2) pounds avoirdupois weight, and each loaf shall be marked with the number indicating the weight of said loaf, and also with the initial letters of the baker thereof. (Ord. approved July 31, 1868, Article VII., Municipal Code 1884, § 1.) 80. Market master to be inspector of bread — Duties — Bread forfeited, when — Inspector not to be resisted. — That the market master shall be inspector of bread, and it is hereby made his duty at all seasonable hours, and not less than once in each month, to enter and examine each bake-shop or other building in said city where bread is baked, deposited, or of- fered for sale, and also to stop and examine any person or vehicle carrying bread for sale in said city. And if on such examination he shall find a person guilty of violating any pro- visions of the first section of this ordinance, he shall take him before the judge of the municipal court, with the bread made in violation of said section, and if said person shall be found guilty by said judge, said bread shall become forfeited to the use of the city. No person shall resist the inspector of bread in discharge of any duty imposed bv this ordinance. (Id. §2.) 81. Penalty. — Any person violating any provisions of this ordinance shall, on conviction thereof, be punished by a fine not exceeding twenty-five dollars ($25). (Id. § 3. 1 BRIDGES. 82. Animals not to go faster than a walk. — Thai no person or persons shall ride, lead, or drive faster than a walk any animal or animals of any kind over and along anv •■)' the bridges in the City of St. Paul. (Ord. No. 409, approved June 17, L884, § 1.) 36 83. Animal with vehicle not to go faster than a walk. — So person or persons shall drive any animal or animals, in a vehicle o\ any kind, uxor and along any of said bridges, at any time, Easter than a walk. (Id. § 2.) 84. Droves of cattle, etc. — No person or persons shall drive or lead large droves of eattle, nudes or horses packed in large bodies, so as to endanger said bridges, or either of them, but shall separate them as into small droves, and so cross the brid^ (Id. § 3. i 85. Penalty. — Any person violating any of the provisions of this ordinance shall, upon conviction thereof, before the judge of the municipal court, be punished by a fine of not less than five dollars ($5) nor more than twenty dollars ($20), for each and everv offense. (Id. §4.) 86. Sand, salt, and ice not to be thrown back on bridges by St. Paul City Railway Co. — Must be removed from bridge and street — Penalty. — That the St. Paul City Railway Company be, and the same is hereby prohibited from shoveling or throw- ing back onto the bridges within the City of St. Paul that are crossed by the tracks of the St. Paul City Railway Company, any sand, or salt, or salted sand, or ice that shall have accumu- lated on said tracks from the placing of sand or salt thereon to prevent the slipping of the cars ; that all such sand, or salt, or salted sand, or ice shall be removed from the bridge by the St. Paul City Railway Company, and shall not be placed or dumped upon any bridge or street within the City of St. Paul. 87. That any violation of this ordinance shall be punished by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100). COrd. No. 1644, approved Nov. 15, 1892, §§ 1, 2.)- 88. Sand, salt, lime and ice not to be transferred to any bridge or street within one block of bridge, by any person, etc. — Penalty. — No person, firm or corporation shall shovel or transfer from any street car tracks, or the pavements within three feet of said tracks, any sand or salt or salted sand, or 37 lime, or salted ice, that may have been placed upon said tracks for any purpose, or may have accumulated thereon by any means, to any part of any bridge or to any part of any street within one block of any bridge within the City of St. Paul, and all such sand, salt, salted sand, lime and ice shall be, upon order ot the city engineer, removed from said tracks upon any such bridge, or within one block thereof, and shall not be placed or dumped upon any street or bridge within the City of St. Paul. 89. An}- violation of this ordinance shall be punished by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100), or by imprisonment in the city workhouse for not less than five (5) nor nlore than twenty (20) days. (Ord. No. 1720, approved Dec. 14, 1893, §§ 1, 2.) 90. St. Paul bridge, Wabasha street to Sixth ward — Smoking prohibited — Penalty.— No person shall smoke a pipe, cigar, or any other thing on the St. Paul bridge which crosses the Mississippi river from Wabasha street to the Sixth ward in the City of St. Paul; and any person violating the pro- visions of this section shall, upon conviction thereof, be pun- ished by a fine of not less than five dollars.- ($5) nor more than fifty dollars ($50). (( )!-<- driven, over said bridge, any cattle, horses or mules, any greater number ther than five head or less, each group to be twent) five iv".; feel apart, and with each group there shall he a man or bov in charge, win. shall drive them across the bridge in the 3S manner prescribed in this section; and any person violating the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than ten dollars ($10) or more than one hundred dollars (SI 00). (Id. §3.) 93. St. Paul bridge — Posters, advertisements, etc., forbid- den — Mutilation and defacing forbidden — Penalty. — No per- son shall place on, or attach to, any part of said bridge, any sign, notice, bills, posters, placards, advertisements, device or other thing, or shall in any manner injnre, mutilate, or deface the same ; and a violation of any of tne provisions of this sec- tion shall be punished by a fine of not less than five dollars ($5) or more than twenty-five dollars ($25). 94. St. Paul bridge — Interference with fire prevention ap- paratus — Penalty. — Xo person shall interfere with, remove, chsplace. or injure an)- water barrels, buckets, or other appar- atus placed on said bridge for the prevention of fire and preser- vation of the bridge ; and any person violating any of the pro- visions of this section shall, upon conviction thereof, be fined not more than twenty dollars ($20) nor less than five dollars ($5). (Id. 5.) 95. St. Paul Bridge — Obstructions — Penalty. — No person shall place any obstruction on said bridge, or block up or im- pede the travel thereon, either on tne foot or carriage way of the same ; nor shall there be any structure of any kind thereon, either movable or fixed, except such as may be required for repairs to said bridge, or as the common council may by reso- lution consent to. And (upon) any violations of the provisions of this section, the offender shall, upon conviction thereof, be punished by a fine not exceeding twenty dollars ($20) or less than five dollars ($5). (Id. §6.) 96. St. Paul Bridge — Vehicles, cattle, etc., to keep to the right — Penalty. — In traveling on and over the carriage way of said bridge, all carriages, vehicles, horses, cattle, etc., shall keep to the right-hand side of the carriage way, so as to admit of the uninterrupted passage of the travel coming in opposite direc- 39 tions. And (upon) any violation of the provisions of this sec- tion, the offender, upon conviction thereof, shall be punished by a fine of five dollars ($5) for each and every offense so com- mitted. (Id. §7.) 97. Marshall avenue bridge — Transfer of Ramsey county's interests to city — City to maintain. — Whereas, The board of county commissioners of the County of Ramsey, State of Min- nesota, at a meeting of said board held March 17, 1890, adopt- ed a resolution as follows : "Resolved, That all the rights and interests of Ramsey countv in and to Marshall avenue bridge be and the same are hereby transferred to the City of St. Paul ; provided, that the said city take all the responsibility of maintaining said bridge ;" and Whereas, 'The City of St. Paul is willing to have trans- ferred to it said bridge under the conditions named in said resolution ; now, therefore, That the City of St. Paul hereby assumes all responsibility of maintaining said Marshall avenue bridge named in said resolution, upon the transfer of the said bridge to the Cit\ of St. Paul. (Ord. No. 1240, approved May 20, 1890, § 1.) 98. An Ordinance to prohibit the throwing of missiles from the bridges within the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. It shall be unlawful for any person in an) manner to throw. dn>p. hurl or cause to be thrown, hurled or dropped from any bridge or viaduct within the limits of the City of St. Paul, any brick, st<>nc, wood, iron or missile of other material at or toward any person or any boat, launch, yacht, 'rain or ( ngineer. Sec. 2. The City Engineer and Commissioner of Public Works shall post or cause to I"- posted on said bridges appro- priate signs of warning, which shall contain the texl of this ordinance. 99. Sec. 3. Penalty. — Any person or persons violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not less than $25 nor more than $100, or be imprisoned for a term of not exceeding ninety days. Sec. 1. This ordinance shall take effect and be in force from and after its passage, approval and publication. (Ord. Xo. 2196, approved June 27, 1901.) BOARD OF PUBLIC WORKS. Ordinance No. 1883. (Approved July 27, 1896.) The Common Council of the City of St. Paul do ordain as follows : 100. Sec. 1. State act adopted. — That the Common Coun- cil of the City of St. Paul, in the State of Minnesota, a city em- braced within and under the provisions of Chapter two hun- dred twenty-eight (228) of the General Laws of the State of Minnesota for the year 1895, do hereby adopt Chapter two hundred twenty-eight (228) of the General Laws of the State oi Minnesota for the year 1895, the same being "An act to pro- vide for departments of public works and the making of public improvements in cities of over one hundred thousand (100,000) inhabitants," and all of the same; and said City of St. Paul does hereby adopt said act and all the provisions thereof. Sec. 2. This ordinance shall take effect and be in force from and after August 1, A. D. 1800, inclusive of said date. BOULEVARDS (STREETS). Ordinance No. 2208. (Approved August 17, 1901.) An Ordinance to provide for the care, and maintenance of boulevards and street lawns in the City of St. Paul. The Common Council of the City of St. Paul do ordain 41 101. Sec. 1. Not to throw garbage, etc. — From and after the passage, approval and publication of this Ordinance it shall be unlawful for any person to throw or deposit, or cause to be thrown or deposited, any garbage or other waste ma- terial upon any part of any boulevard or street lawn within the corporate limits of the City of St. Paul, and it shall be further unlawful for any person to erect or maintain any booth or structure of any kind whatever upon any of the said boule- vards or street lawns, or any other obstructions thereon. 102. Sec. 2. Bicycles forbidden, etc. — It shall be unlawful, from and after the passage, approval and publication of this ordinance, for any person to cross or travel either on foot, or on a bicycle, or by any other method, any of the boulevards or street lawns within the corporate limits of the City of St. Paul. (See Ord. No. 2506, approved April 11, 1905, § 1.) 103. Sec. 3. To remove shrubbery. — It shall further be un- lawful, from and after the passage, approval and publication of this ordinance, for any person to deface, destroy, cut down or remove any of the trees or bushes now or hereafter grow- ing or being maintained in or upon any boulevard or street lawn within the corporate limits of the city of St. Paul, with- out having first obtained the permission and authority from the Common Council of the City of St. Paul so to do; pro- vided, however, that this section shall not apply to any act done or work performed under the direction and authority of the Commissioner of Public Works. 104. Sec. 4. Penalty. — Any person violating the terms and provisions of this < Ordinance shall, upon conviction there of, be punished by a fine in a sum nol less than $1.00 nor eding $25.00, or by imprisonment in the workhouse of the City of St. Paul for a period of nol less than five days nor more than thirty da\ s. 5. This ordinance shall take effecl and be in from and after its passage, approval and publication. 105. An Ordinance to preserve boulevards. — That hereafter il shall be unlawful for an) person nol the ownei 01 occupant nf the abutting property, or nol engaged in cai 42 For the same, to walk upon any sodded boulevard within the City of St. Paul, or to cause or permit any vehicle to be run or driven thereon, or to otherwise injure or deface the same. 108. Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $25.00 or by imprisonment for not exceeding ten days for each offense. This ordinance shall take effect and be in force from and after its passage, approval and publication. (Ordinance Xo. 2506, approved April 11, 1905.) BUTCHER SHOPS AND STALLS— BUTCHERS' MEAT —POULTRY AND GAME. (See, also, Licenses.) 107. Butcher shops — License — One shop or one license — Transfer — Pork packers— Game, etc., raised by vendor. — Xo person shall keep a butcher shop or butcher stall, to sell or vend flesh or butcher's meat in less quantities than one-quar- ter, within the limits of the City of St. Paul, without having first obtained a license for that purpose, as hereinafter pro- vided. Such license shall not authorize such person or per- son s to keep, under one license, more than one butcher shop or stall, or transfer the said license without the permission of the common council ; provided, that this ordinance shall not i construed as to prevent pork packers from disposing of their offal or trimmings of hogs, nor to prevent any person from selling game, or disposing of any animal raised or fatted by him. COrd. approved Oct. 7, 1869, § 1, as amended by Ord. 263, ap- proved Jan. 3, 1882, § 1.) 108. License — Price — Form — Must be posted. — Any per- son, on paying to the city treasurer the sum of fifty dollars i, shall be entitled to a license to keep a butcher shop or stall at any one certain place within said city. Said license shall be issued by the city clerk, upon the presentation of the treasurer's receipt for the sum aforesaid ; and both the treas- urer's receipt and the license shall specify the place where said shop or stall is to be kept. 43 And every person to whom a license shall be issued under the provisions of this ordinance shall keep the same posted up in some conspicuous place in the butcher shop or stall at which the person named in said license is carrying on the business provided for in this ordinance, and in such portion of such shop or stall, that the same can be readily seen by the license inspector of the City of St. Paul. (Ord. approved Oct. 7, 1869, §2, as amended by Ord. 1736, approved Feb. 23, 1894, § 1.) 109. Penalty for violation of provisions of ordinance ap- proved Oct. 7, 1869. — Any person failing to take out and pay for said license within the time aforesaid, or who shall violate the terms or conditions of said license, or who fails or refuses to comply with this ordinance, shall be liable to a fine of not less than twenty dollars ($20) nor more than one hundred dollars ($100), to be recovered in the municipal court. And it shall be the duty of the officer who arrests or serves pro- cess on any person under this act, to close said butcher shop or stall until said license is paid as provided herein. (I Ird. approved Oct. K, L869, §3.) 110. Butcher's meat and poultry — Selling at retail — Li- cense — Selling at retail defined. — No person shall deal in or sell at retail, fresh or butcher's meat or poultry without first having obtained a license as hereinafter provided for thai pur- . except in the public market. The selling of less than a carc;i ept of beef and poultry, and of beef less than a quarter, and of poultry less than six (6) fowls, whether alive or otherwise, shall be deemed selling at retail. (Ord. No. L799, Jan. 12, L895, § 1, as amended by Ord. No. L853, approved Dec. 5, 1895, § !. Set- Markets.) 111. Butcher's meat and poultry — License; price; form — Transfer — Penalty — Inconsistent ordinances re- pealed. 112. Any person on paying to the cit) treasurer the sum oi fifty dollars ($50.00) shall be entitled to a license for one year from its date to deal in or h or butcher 1 and poultry at any one certain plan- therein spi ified within the said city. Sai'l license shall be issued by the citv clerk II upon the presentation of the treasurer's receipt for the sum aforesaid, and both the treasurer's receipt and the license shall specify the place where said fresh or butcher's meat and poultry are to be dealt in or sold. No license shall be trans- ferred without permission from the common council first being obtained. 113. Any person or persons guilty of the violation of any of the provisions of the two foregoing sections shall, upon conviction, be punished by a fine of not less than twenty dol- lars ($20) nor more than one hundred dollars ($100), for every such violation, or by imprisonment in the city work- house not less than ten (10) days, nor more than eighty (80) days. All ordinances, or parts of ordinances, in any way con- flicting with this ordinance are hereby in all things repealed. (Id. §§ 2, 3, 4.) 114. Sale of butcher's meat along street — License — Pen- alty. — Xo person shall sell, vend, or dispose of any fresh or butcher's meat less than one-quarter in, upon, or along the public streets, highways, alleys, or public grounds in the City of St. Paul, without first having obtained a license so to do from the city clerk, as other licenses are procured. For which license said person or persons aforesaid shall pay into the treasury of the city the sum of fifty dollars ($50) for one year, always ending on the first (1st) day of January of each year. 115. Any person or persons who shall violate any of the provisions of this ordinance shall forfeit and pay for each offense not less than ten dollars ($10) nor more than one hun- dred dollars ($100). (Ord. 131, Nov. 20, 1877, §§ 1, 2.) 116. Poultry and game — Sale of — Entrails to be drawn — Penalty. — It shall not be lawful for any butcher, grocer, trader, farmer, or any other person to offer for sale, expose, or vend, or deal in, or have in their possession for the purpose of sale, at any public market, store, shop or house, or in the public streets, of said city, at any time, any dressed turkeys, geese, ducks, chickens, birds, or wild fowls, unless the entrails shall 45 be drawn from the same before they are offered or exposed for sale. 117. Any person who shall violate the provisions of this ordinance shall be punished by a fine not exceeding fifty dol- lars ($50) for each offense. (Ord. approved Oct. 1, 1869, also Article LIU., Muni- cipal Code 1884, §§ 1, 2.) 118. Poultry, farm produce, fish, etc., except fresh meats less than one-quarter — Selling along streets is peddling — License. — Every person who shall sell or offer for sale, barter, or exchange any farm produce, poultry, fish, or other go wares, or merchandise, excepting fresh meats, weighing less than one-quarter, traveling from place to place, in, upon and along the streets of this city, shall be deemed as a peddler, and it shall not be lawful for any such person or persons to exercise their calling without first having obtained a license. (Ord. X". 499, approved April 21, 1885, § 1, as amended by Ord. No. 1330, approved May S, 1890, §1.) 119. Penalty for violating provisions of Ord. No. 499 — Contravening ordinances repealed. — Any person who shall vio- late any of the provisions of this ordinance shall upon con- viction thereof before any court having jurisdiction, he lined in a sum not less than ten dollars ($10) nor more than one hundred dollars ($100). All ordinances and parts of ordinances contravening the provisions of this ordinance are hereby repealed. (< >rd. Xo. L99, approved April 21. L885, §§ I, 5.) 120. Meats not to be peddled — Must be sold at place licensed — Penalty. — No person, linn, or other associa- tion of persons, or a corporation shall sell meats by peddling thi same upon and along the streets, avenues, alleys, or other public places in said city, or from house to house in said city, or otherwise or in any manner dispose ,,f their meats, save and except at the place designated in their license. 121. Any person who shall violate an} of the provisions of this ordinance shall, upon conviction thereof, 1" lined in a sum not less than ten dollars ($10) nor more than one hmi- I'i tlroil dollars ($100), or by imprisonment for not less than five (5) nor more than eighty (80) days. (Ord. No. 1725, approved Jan. 5, 1884, §§5, 6. See above, § 206, this Article.) 122. Poultry and game, fruit, vegetables, farm produce, etc., contained in railroad cars or depot — Sale of — License — Penalty — Exceptions — Price of license. — Xo person shall sell, or offer for sale, barter, or exchange, any carload lot or any less quantity of fruit, vegetables, or farm produce, butter, cheese, eggs, game or poultry, contained in any railroad car or in any railroad freight depot or warehouse within the City of St. Paul without first obtaining an annual license to engage in such business, under penalty of not less than twenty-five dollars (,«p25) nor more than one hundred dollars ($100) for each offense, provided, however, the provisions of this section shall not apply to any farmer, garden, orchard or vineyard, nor to any fruit or commission merchant having a storehouse and established place of business in this city. 123. Every person before engaging in the business or oc- cupation mentioned in the preceding section shall pay to the City of St. Paul an annual license fee of two hundred dollars ($200), in the manner provided by the ordinances of said city concerning licenses. (Ord. No. 1813, approved April 18, 1895, §§ 1, 2.) An Ordinance regulating and licensing butcher shops and butcher stalls, and the sale of fresh or butchers' meat and game and poultry. The Common Council of the City of St. Paul do ordain as follows : 124. Sec. 1. From and after the passage, approval and publication of this ordinance it shall be unlawful for any per- son to deal in or sell at retail at any other place within the limits of the City of St. Paul than the public market, fresh or butchers' meat, or game, or poultry, without having first obtained a license so to do, as hereinafter provided. Pro- vided, however, that the foregoing shall not be construed to include pork-packers in disposing of offal or trimmings of 47 liogs, nor any person selling game or disposing of any ani- mals raised or fatted by him, or any person selling fresh meats by the carcass, and beef in quantities not less than by the quarter. 125. Sec. 2. License — Application for. — Any person de- siring a license to engage in the business of dealing in or sell- ing at retail fresh or butchers' meat, or game or poultry, as in section one hereof referred to, shall first make an application therefor to the Common Council of the City of St. Paul by filing with the Commissioner of Health of said city, for presen- tation by him to the Common Council an application in writ- ing therefor, which said application shall set forth with reas- onable exactness the name and place of residence of the ap- plicant and the exact location or place at which the applicant proposes to carry on his said business, and shall further state whether or not he has at any time previous to the date there- of been engaged in said business of dealing in or selling at retail fresh or butchers' meats or game or poultry in the City of St. Paul, and if so, when and where; said application shall be signed by the applicant in person, and when received by the Commissioner of Health shall be by him placed on file and the name of the applicant shall be by him registered in a book of registration to be kept at the office of the Commissioner of Health for that purpose. 126. Sec. 3. Filing of application to authorize sale. — The filing of the application provided for in the next preceding sec- tion shall authorize the applicant to engage in dealing in or selling at retail fresh or butchers' meat, and game or poultry, until the Common Council of the City of St. Paul takes action thereon and either issues a license to the applicant or refuses so to do. 127. Sec. 4. Department officers to inspect. Any such applicant shall permit the officers of the I >epartmen1 of I tealth of the City of St. Paul to inspect and examine the place of business or proposed place of business named in his applica- tion, together with all the appliances and instruments used or to be used therein in the prosecution of his said business, and any refusal upon the part of SUCh applicant to permit such IS inspection and examination shall be deemed a sufficient ground upon which the Common Council may refuse to issue the license by him applied for. 128. Sec. 5. Inspection. — Upon the filing of any applica- tion with the Commissioner of Health, as provided in section two hereof, said Commissioner, by himself or his employes, shall proceed forthwith and without unnecessary delay to in- spect the place of business or proposed place of business named by the applicant in his application for a license under the terms hereof, and the said Commissioner of Health shall immediately thereafter and without undue or unnecessary delay present the application in section two hereof provided for. to the Common Council of the City of St. Paul, and shall accompany it with a report containing the results of the ex- amination and inspection hereinbefore required, and the Com- mon Council shall thereupon, after proper investigation, whether from a consideration of such report or from other sources, adjudge and determine such applicants as may be entitled to obtain a license to deal in or to sell at retail fresh or butchers' meat, game or poultry, within the corporate limits or the City of St. Paul, and shall thereupon, by resolution, grant the licenses applied for to such applicants as may be, in the opinion of the Common Council, entitled thereto under the terms aiul provisions of this ordinance, conditionally, however, upon the payment by such applicant and grantee into the City Treasury of the City of St. Paul of the sum of fifty dollars ($50), which said sum of fifty dollars is the annual license fee named in and to be exacted under the terms hereof 129. Sec. 6. It shall thereupon be tb° duty of the City Clerk, upon the presentation to him by any person to whom such a conditional grant of a license to deal in or sell at retail fresh or butchers' meat, game or poultry, has been made by the Common Council, as hereinbefore provided, of the City Treasurer's receipt for the sum of fifty dollars above men- tioned as having been by such person paid into the treasury of the City of St. Paul, to issue a license to such person, of even date with the approval of the resolution by which said license was granted, entitling him to deal in or sell at retail -1!> fresh or butchers' meat, game or poultry, at the place named ift his application therefor referred to in section two hereof and for a period of one year from the date thereof. 130. Sec. ?'. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars ($25), nor more than one hundred dollars ($100), or by imprisonment for not less than twenty (20) days nor more than ninety (90) days. Sec. 8. All ordinances and parts of ordinances in any way in conflict with the terms and provisions of this ordinance are hereby in all things repealed. Sec. 9. This ordinance shall take effect and be in force from and after its passage, approval and publication. (Ordinance No. 2159, approved Dec. 21, 1900.) CANADA THISTLES AND BURDOCKS. 131. Must not be permitted to grow or remain, or seed ripen, within certain limits. — That hereafter it shall be unlaw- ful for the owner, occupant, or person in control of any lot or parcel of land within the limits of the City of St. Paul. Minn., to permit to grow or remain thereon within ten (10) feet of any public street, alley, sidewalk, or so near thereto as to interfere with or annoy public travel thereon, any bur- dock or Canada thistles (so-called), or to permit the same to grow or the seed to ripen thereon. (Orel. No. 1027, approved Oct. 13, L892, § 1.) 132. Must not be permitted to grow or remain, or seed to ripen, on any lot or land in city limits. — Thai hereafter il shall be unlawful for the owner, occupant, or person in control of any lot, piece or parcel of land within the limits of said city to suffer or permit to grow or remain thereon any burdock or Canada thistles (so-called), or to permit the same to remain thereon in any manner so the seed thereon shall ripen. (Id. § 133. Penalties. — An\ one who violates any of the pro- visions of this ordinance shall, upon conviction, be subjeel to a fine of not less than five dollars ($5) nor more than twenty- 50 five dollars ($25), and any owner, occupant, or person in con- trol of any lot or parcel of land who shall fail or neglect to re- e from his land all burdocks and Canada thistles within five (5) days after notice from the health commissioner so to shall be subject to a fine of not less than ten dollars ($10) nor more than fifty dollars ($50) for each offense. CARBOLIC ACID. Ordinance No. 2471. (Approved Sept. 23. 1904.) An Ordinance relating to the sale of carbolic acid in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : 134. Sec. 1. Unlawful to sell. — It shall be unlawful for any apothecary, druggist or pharmacist, or any employe there- of or any other person whatever, to sell, barter, exchange, give away, dispose of or deliver to any person within the limits of the City of St. Paul, any carbolic acid or any extract or product thereof, or any preparation or compound of which it i- an element or ingredient, containing more than five per cent of carbolic acid, except upon the written prescription or order of a duly licensed physician, as provided in this ordinance, and except upon the day or date of said prescription or order, and there shall be for each such sale, barter, exchange, gift, disposition or delivery, a special and distinct order or pre- scription in each and every instance. 135. Sec. 2. Requirements of Prescription. — The pre- scription or order must have the date thereon of the day on which it is made and be signed by the physician, who must be a graduate in medicine, and as such have a diploma from a legally constituted or chartered medical college or medical institution, and it must contain the name and residence of the patient for whom it is intended, and the number and street or place of the physician's office or residence. 51 136. Sec. 3. Open for inspection. — Said prescriptions and orders shall be open for the inspection by the coroner,. count} r attorney, assistant county attorney, corporation attor- ney, assistant corporation attorney, chief of police, or any regular police officer of this city. Said prescriptions and or- ders shall be kept and preserved for three years after receiving the same. It shall be unlawful for any person to refuse or prevent in any manner, or by any means, the inspection of said prescriptions or said orders, or any thereof, by any of said officers, or for any of the persons mentioned in section one (1) of this ordinance to fail or neglect to keep or preserve said prescriptions or orders, or any of them, as provided herein. 137. Sec. 4. False prescriptions. — It shall be unlawful For any person to present any false or forged or untrue or fic- titious prescription or order for any carbolic acid, or any ex- tract or product thereof, or any preparation or compound of which it is an element or ingredient, or to obtain the same by means thereof, or to give any false or fictitious name, or to give or make any false statement, or any false representation to obtain or in obtaining the same. 138. Sec. 5. Unlawful acts of Physician. — It shall he unlawful for any physician to put a wrong or talse dale on any order or prescription for any carbolic acid, or any extract or product thereof, or any preparation or compound, of which it is an elemenl or ingredient, or to willfully give any Mich order or prescription containing an\ false statement or repre- sentation of any fact or matte]- therein, or to give any such order or prescription for a dose or quantity greater than usual or necessary for bona tide purposes to cure or prevenl aick- i >r disease. 139. Sec. 6. Not apply to crude form. — The foregoing sections shall not apply to the sale of crude carbolic .nid in quantities exceeding one gallon, or to the ale of ;i solution or mixture containing equal portions of carbolic acid, glycerine and alcohol, nor to the commerce or the trade to or between wholesale druggists, apothecaries or pharmacists, or sales or 52 gifts to public institutions, charitable institutions or hospitals for medical use therein. 140. Sec. 7. Penalty. — Any person violating any of the provisions of this ordinance shall be subject to a penalty of not less than ten dollars ($10) nor more than one hundred dollars ($100) or imprisonment for not more than thirty days for each offense. Sec. 8. This ordinance shall be in force and effect from and after its passage, approval and publication. CATTLE. Ordinance No. 2510. (Approved April 24, 1905.) An Ordinance prohibiting the herding and driving of cattle, sheep and swine on boulevarded streets within the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : 141. Sec. 1. It is hereby declared to be unlawful and a misdemeanor for any person or persons to permit, suffer or allow any cattle, sheep or swine to be herded or driven upon or along any street on which boulevards are maintained in the City of St. Paul. 142. Sec. 2. Penalty. — Any person who, being the owner or having the custody of any cattle, sheep or swine, and who shall suffer or permit the same to be herded or driven upon of along any street described in section 1 hereof, shall, upon conviction thereof before the Municipal Court, be punished by a fine of not less than five dollars nor more than one hun- dred dollars, or by imprisonment in the City Workhouse for not less than five days nor more than ninety days. 143. Sec. 3. Exemptions. — Provided that the provisions of this ordinance shall not apply to the carrying or conveyance of any of the animals hereinbefore mentioned, securely loaded in wagons or other vehicles. Sec. 4. This ordinance shall take effect and be in force from and after its passage, approval and publication. 53 CATTLE, HORSES, ETC., IMPOUNDING, ETC. 144. Mayor to detail policemen or other persons to enforce law. — The Mayor of the City of St. Paul shall, from time to time, detail one or more policemen, or some other and suitable person or persons, who shall be vested with the usual powers and authority of police officers of said city, and the policemen or persons so detailed shall perform and discharge all the duties required and enjoined of and upon them by this ordi- nance, or which may hereafter be required of them by the Common Council. (Ord. No. 419, approved July 1, 1884, § 1.) 145. Description of pound limits — Penalties, etc. — Xo horse, mule, goat, sheep, swine, poultry, chickens, geese or any cattle shall be permitted to run at large at any time, or to graze or be pastured upon any of the uninclosed lands within the following described limits: Commencing at a point where a line extended southerly from the south end of Earl street would intersect with the Mississippi river ; thence northerly along said extended line and Earl street to Burns avenue; thence westerly along Burns avenue to Mound street ; thence northerly along Mound street to Hastings avenue; thence easterly along Hastings avenue to Maple street; thence northwesterly along Maple street to Greenbrier avenue; thence north along Greenbrier avenue to a point where Whit- all street, if extended eastward, would intersect said Green brier avenue; thence westward along said extended line of Whitall street, and Whitall street, and along a line extended from Whitall street westwardly to the easl terminus of Granite street; thence westerly along Granite streel to Courl land avenue; thence south along Courtland avenue i" Syca more-street; thence west along Sycamore street to Rice street ; ll euee north along Rice street to At water street ; thence west along Atwater street to Gaultier street; thence north along Gaultier streel to Burgess street; thence wesl along Burgess streel to hale street; thence south along Dale streel to Mar- shall avenue; thence along Marshall avenue to Lexington avenue; thence south along Lexington avenue to St. Claii street; thence east along St. Clair street to Western avenue; 54 thence southerly along Western avenue to its intersection with the Mississippi river; thence along down the Mississippi river as it winds and turns to the place of beginning ; and all of the Sixth ward of the City of St. Paul. (Ord. No. 419, approved July 1, 1884, § 2, as amended by Ord. No. 451, approved Oct. 11, 1884, § 1, and by Ord. No. 749, approved Jan. 18, 1887, § 1, and by Ord. No. 786, approved June 21, 1887, § 1.) 146. And all of the Seventh ward of said city lying north of St. Clair street extended in a direct line west of the Mis- sissippi river and west of Lexington avenue from St. Clair street extending north to the city limits. (Ord. No. 419, approved July 1, 1884, § 2, as amended by Ord. No. 486, approved March 31, 1885, § 1.) 147. Also beginning at the intersection of Summit avenue and Hamline avenue ; thence running south on Hamline ave- nue to Goodrich avenue ; thence east on Goodrich avenue to the right of way of the C, M. & St. P. track; thence north- westerly along said right of way to Summit avenue; thence west along Summit avenue to place of beginning. (Ord. No. 419, approved July 1, 1884, § 2, as amended by Ord. No. 1829, approved Aug. 15. 1895. § 1.) 148. Commencing at a point on the Duluth railroad where the present pound limits now crosses said road; thence east- erly along the line of the Duluth railroad and Stillwater ave- nue to Tracy avenue ; thence due south to the intersection of Fauquier street ; thence westerly along Fauquier street to Duluth avenue ; thence southerly on Duluth avenue to Mar- garet street ; thence westerly on Margaret street to Cypress street ; thence southerly on Cypress street to the intersection ot the present pound limits ; thence along the same to the place of beginning. (Ord. No. 419, approved July 1, 1884, § 2, as amended by Ord. No. 786. approved June 7. 1887, § 1.) 149. Commencing at a point where the center line of Ed- gerton street if produced south would intersect the center line of the St. Paul & Duluth Railroad Company; thence east- erly along the center line of said last mentioned road to Earl 55 street; thence northerly along the center line of Earl street to Maryland street; thence westerly along the center line of Maryland street from Earl street to Arcade street; thence northerly along the center line of Arcade street from Mary- land street to Ivy street ; thence westerly along the center line of Ivy street from the center of Arcade street to Edgerton street; thence southerly along the center line of Edgerton street from Ivy street to the place of beginning. (Ord. No. 419, approved July 1, 1884, § 2, as amended by Ord. No. 884, approved Feb. 7, 1888, § 1.) 150. Commencing at the point where Edgerton street, in said city, intersects Minnehaha street, and running thence north on the center line of Edgerton street to the center line of Brainerd avenue ; thence west on the center line of Brain- erd avenue to the center line of Mississippi street ; thence in a southerly direction of the center line of Mississippi street to its intersection with the center line of Minnehaha street ; thence east on the center line of Minnehaha street to its inter- section with Edgerton street. (Ord. No. 419, approved July 1, 1884, § 2, as amended by Ord. No. 1114, approved April 2, 1889, § 1.) 151. All that portion of the City of St. Paul lying west of the Eighth ward therein and north of the center line of Uni- versity avenue, being all that part and portion of said City of St. Paul now included within what is known and called the Tenth ward of the City of St. Paul, as now fixed and estab lished by an act of the legislature of the State of Minnesota, approved Feb. 16, 1887. (Ord. No. 419, approved July 1, 1884, § 2, as amended by ( >rd. No. 941, approved May 15, 1888, § 1.) 152. Commencing at the intersection of the north lino of Burns avenue and the east line of English streel : thence south fifteen hundred (1,500) feet; thence west to where the center line of Earl street, if produced south, would intersect said line : thence north to the north line of Burns avenue; thence east to the place of beginning. (Ord. No. 419, approved July 1, 1884, § 2, as amended by < >rd. No. 1007, approved Aug. 21. 1888, §1.) 56 153. Commencing at the intersection of Tracy avenue and East Seventh street, in said city, and running thence- east on the center line of East Seventh street in an intersection with the center line of White Bear avenue : and running thence north on the center line of White Hear avenue to the southern line of the right of way of the Chicago, St. Paul, Minneapolis & Omaha Railway Company; and thence westerly following the southern line of said right of way to its intersection of said Tracy avenue ; and thence south on the center line of said avenue to the place of beginning. I »rd. Xo. 419, approved July 1, 1884, § 2, as amended by Ord. Xo. 1138, approved May 21, 1889, § 1.) 154. Commencing at a point where St. Clair street, if ex- tended east, would intersect the Mississippi river, and from thence running west on the line of St. Clair street to Lexing- ton avenue ; from thence south on Lexington avenue to Pleas- ant; thence southwesterly on Pleasant avenue to Albion ave- nue ; thence southerly on Albion avenue to Stewart avenue ; thence easterly on Stewart avenue to Tuscarora avenue, and thence east on Tuscarora avenue, if extended east, to Mis- sissippi river: thence northeasterly along the Mississippi river to the place of beginning. (Ord. Xo. 419, approved July 1, 1884, § 2, as amended by Ord. No. 1172, approved July 2, 1889, § 1.) 155. Commencing at the intersection of White Bear ave- nue and East Seventh street, in said city, and running thence east on the center line of East Seventh street to the easterly line of the City of St. Paul, at the intersection of said East Seventh street and the east line of section twenty-six (26), in town twenty-nine (29), range twenty-two (22), in the City of St. Paul, in Ramsey County, Minnesota ; thence north along the east line of said section twenty-six (26), to the southeast corner of section twenty-three (23), in said township and range; and thence north along the east line of said section twenty-three (23) to the northeast corner thereof; thence west along the north line of said section twenty-three (23) to the northeast corner of section twenty-two (22), in said town- ship and range ; thence west along the north line of said sec- 57 tion twenty-two (22) to the intersection of the St. Paul & Duluth Railroad right of way ; thence southwesterly along the easterly line of the right of way of said railroad to the inter- section of Atlantic street in said city ; thence south along the center line of Atlantic street to the intersection of the south line of the right of way of the Chicago, St. Paul, Minneapolis & ( )maha Railway Company in said city ; thence easterly along the said southerly line of said right of way to the inter- section 01 White Bear avenue in said city ; thence south along the center line of said White Bear avenue to the place of be- ginning. (Ord. No. 419, approved July 1, 1884, § 2, as amended by Ord. Xo. 1308, approved March 18, 1890, § 1.) 156. All that portion of the Ninth ward of the City of St. Paul lying south of Maryland street and not now included within the territory embraced in said section two (2) [of Ord. 419.] (( )rd. Xo. 419, approved July 1, 1884, § 2, as amended by Ord. Xo. 1336, approved May 20, 1890, §1.) 157. All that portion of the City of St. Paul lying south of Front street, east of Dale street, west of Western avenue, and north of the right of way of the Great Northern Railway Company. (Ord. No. U9, approved July 1, L884, §2, as amended by Ord. No. L369, approved July i. L890, § 1.) 158. All the Second ward of said city, bounded as follows: Commencing at the intersection of the easterly boundary pound limits in said ward and Fauquier streel ; thence east mi Fauquier streel to English street; thence south on English streel to Burns avenue; thence wesl on Burns avenui to he ■ streel : thence south on Reserve streel to the intersection of the right of way of the Chicago, Burlington & Northern Railway Company; thence northerl) and along said righl of way to an intersection with the said easterl) pound limits ; 'hence along the eastern boundary of said pound limn to the place i »f beginning. (Ord. Xo. H9, July I. L884, § 2, as amended b) Ord. No. I approved Vug. 5, L890, 58 159. That part of the City of St. Paul bounded as follows: On the north by the right of way of the Northern Pacific Rail- road Company, on the east by Rice street, on the west by Western avenue and on the south by Atwater street. (( )rd. No. 110, approved July 1. 1884, § 2, as amended by Ord. Xo. 1405, approved Sept. 2, 1890, § 1.) 160. That part of the City of St. Paul bounded as follows : On the east by Lexington avenue ; on the south by University avenue : on the west by the right of way of the Minnesota Transfer Company, and on the north by the right of way of the St. Paul, Minneapolis & Manitoba Railway Company. (Ord. Xo. 419, approved July 1, 1884, § 2, as amended by Ord. Xo. 1413, approved Sept. 16, 1890, § 1.) 161. Commencing at the intersection of Snelling avenue and University avenue, in said city ; thence running along University avenue to Prior avenue ; thence on Prior avenue to St. Anthony avenue ; thence on St. Anthony avenue to Cleve- land avenue ; thence on Cleveland avenue to Dayton avenue ; thence on Dayton avenue to Snelling avenue ; thence on Snell- ing avenue to University avenue, to place of beginning. (Ord. No. 419,- approved July 1, 1884, § 2, as amended by Ord. No. 1529, approved Aug. 25, 1891, § 1.) 162. The west half of the southeast quarter of section two (2), the southwest quarter of section two (2), and all that portion of the southeast quarter of section three (3), and all that portion of sections eleven (11 ) and fourteen (14), all in township twenty-eight (28), range twenty-two (22), in Ram- sey County, Minnesota, lying easterly of the tracks and of the right of way of the Chicago, Burlington & Xorthern Railroad Company. (Ord. Xo. 419, approved July 1, 1884, § 2, as amended by Ord. Xo. 1530, approved Aug. 25. 1891, §1.) 163. On the south by St. Clair street, on the east by Fair- view avenue, on the north by St. Anthony avenue, and on the west by the limits of the City of St. Paul. (As amended by Ord. No. 2193, approved June 20, 1901.) 59 164. All that portion of the City of St. Paul embraced within the boundaries of Cleveland avenue, from Summit ave- nue to West Seventh street. (As amended by Ord. No. 1989, approved July 9, 1898.) 165. All that portion of the City of St. Paul embraced with- in the boundaries of Minnehaha street. Dale street, Marshall avenue and Lexington avenue. (As amended by Ord. No. 2062, approved July 10, 1899.) 166. All that portion of the said City of St. Paul bounded on the north by Summit avenue, on the east by Snelling ave- nue, and on the south by St. Clair street and on the west by Fairview avenue. (As amended by Ord. No. 1981, approved May 80, 1898.) 167. It is hereby declared to be unlawful for any person to herd or cause or permit to be herded any cattle or other animals along the line of Como avenue in the City of St. Paul, between Dale street and the driveway and boulevard around Lake Como, called the Lake Como Boulevard. (Ord. No. 1936, approved June 5, L897.) 163. Any person violating any of the provisions of this or- dinance shall be punished by a line of not less than ten dol- lars ($10) nor more than fifty dollars ($50) or by imprison- ment in the St. Paul Workhouse for not less than ten days nor more than sixty days. (Ord. No. 1936, approved June 5, L897.) 169. It is hereby declared unlawful and a misdemeanor for any person or persons to permit, suffer, or allow any cattle whatever to graze or be herded at or upon any point, place, or piece of land situate and being within the following de scribed limits, to-wit: Commencing al the intersection of ington avenue with Summil avenue: thence west along Summit avenue to Cleveland avenue; thence north along Cleveland avenue to University avenue: thence along Univer- sity avenue eastwardly to Prior avenue; thence north along Prior avenue to south line of righl of wav of the St. Paul, Minneapolis & Manitoba Railwaj Company; thence easl along the southerly line of said railway compan} to the ci 60 ing of Lexington avenue; thence south along the line of Lexington avenue to place of beginning. Beginning at the intersection of University avenue and Dale street ; thence south on Dale street to the intersection of Pale street to the intersection of Marshall avenue; thence vest on Marshall avenue to the intersection of Marshall ave- nue and Lexington avenue; thence north on Lexington avenue to University avenue ; and thence east on University avenue to the place of beginning. (As amended by Ord. No. 2309, approved Sept. 20, 1902.) 170. All that portion of the said City of St. Paul bounded on the east by Earl street, on the south by Maryland street, on the north by Phalen Park, and on the west by Greenbrier avenue. (As amended by Ord. No. 2509, approved April 11, 1905). 171. Any person or persons proven guilty of violating the provisions of the above and foregoing section before any court having jurisdiction thereof shall be fined by said court in a sum not less than ten dollars ($10) nor more than one hun- dred dollars ($100). (Ord. No. 419, approved July 1, 1884, as amended by Ord. No. 848, approved Oct. 18, 1887, § 1.) 1?2. No person shall herd, drive, pasture or permit to run at large any cattle, horses, mules, sheep or swine at any time within the following described limits : North of Central ave- nue, south of Como avenue, west of Jackson street, and east of Park avenue. (Ord. No. 813, approved Aug. 2, 1887, §§ 1, 2.) 173. That any person who, being the owner or having the custody of any cattle, horse, mule, sheep or swine, and who shall permit the same to herd, to be driven, pastured or to run at large within the limits above described in section one (1) of this ordinance, shall, on conviction before the municipal court, be punished by a fine, not exceeding fifty dollars ($50). (Ord. No. 813. approved Aug. 2, 1887, §§ 1, 2.) 174. No person shall herd, drive, pasture, or permit to run at large any cattle, horses, mules, sheep or swine at any time 61 within the following - described limits in the City of St. Paul, Minn. : Commencing at a point where Lexington avenue inter- sects the tracks of the Great Northern Railway Company; thence north along said Lexington avenue to the tracks of the Northern Pacific Railway Company; thence easterly along said Northern Pacific Railway Company to Como avenue ; thence southeasterly along said Como avenue until it inter- sects the tracks of the Great Northern Railway Company ; thence westerly along said last mentioned tracks to place of beginning. The pound limits in said City of St. Paul are hereby ex- tended to include the above tracts of land, and any person being the owner or having the custody of any cattle, horse, mule, sheep, or swine, and who shall permit the same to herd, to be driven, pastured, or to run at large within the limits above described in section one (1) of this ordinance, shad, on conviction before the municipal court, be punished by a fine not less than five dollars ($5), nor exceeding fifty dollars ($50). (Ord. No. 1646, approved Nov. "is. L892, §§ I. 2.) 175. No person or persons owning or having in charge or custody any cattle, horses, sheep or swine, or any animal of the cattle or horse kind, shall permit or allow any of said animals to run at large or to pasture or graze, under that portion of the Sixth ward of the City of St. Paul described as follows, tO-wil : Commencing at a point where the center line of Smith avenue intersects the center line of Annapolis streel : running thence northerly on the center line of Smith avenue to the point where said line intersects the center line ol Chero- kee avenue; running thence westerly and southerly along the center line of Cherokee avenue to the poinl where said line intersects the center line of Baker street: running thence westerrj along the center line of Baker streel to the city limits; running thence 30utherl) along the westerl) line ol the city to the renter line of Annapolis street ; running tin terl) along the 'enter line of Annapolis streel to the place ol be ginning; provided, thai this ordinance shall nol applj to per- sons permitting any of said animals to grazi upon property 62 owned, leased, or controlled by said persons if said animals are kept within the boundaries of said property. No person or persons having the charge, care, custody, or control of any of the animals mentioned in section one (1) of this ordinance for the purpose of herding or controlling such animal or animals shall permit any of the same to pasture or graze upon any of the property within the limits set forth in section one (1) hereof. Any person violating any of the provisions of this ordi- nance shall he punished by a fine of not less than five dollars ($5) nor more than twenty-five dollars ($25) for each offense, or by imprisonment for not less than five (5) days nor more than twenty (20) days for each offense. (Ord. Xo. 1765, approved June 5, 1884, §§ 1, 2, 3.) 176. And if so found running at large, each and every such animal or fowl shall be impounded in any public pound of the city, by the policemen or persons detailed by virtue of the provisions of section one (1) of this ordinance. (Ord. Xo. 419, approved July 1, 1884, § 2, as amended by Ord. Xo. 720, approved Sept. 7, 1886, § 1.) 177. Penalty. — That any person who, being the owner or having the custody of any horse, mule, goat, sheep, swine, poultry, chicken, geese, or any cattle, and who shall permit the same to run at large in the City of St. Paul, or to graze or be pastured upon any of the uninclosed lands within the limits described in section two (2) of this ordinance, shall on conviction before the municipal court, be punished by a fine not exceeding twenty dollars ($20). (Ord. Xo. 419, July 1, 1884, § 3, as amended by Ord. Xo. 749, approved Jan. 18, 1887, § 1.) 178. Animals impounded — How released. — Xo horse, mule, or cattle which shall be impounded in the public pound by the officer on duty at such pound shall be released until the owner or some other such person shall pay to the officer in charge of the pound the sum of five dollars ($5) for each horse or mule, and two dollars ($2) for each cow, calf, ox or steer. All other animals and poultry, above mentioned, which shall be im- pounded, as provided by ordinance, shall be released only by 63 the payment to the officer in charge of the pound, the sum of twenty-five I 25 I cents for each and every one thereof. (Ord. Xo. 419, approved July 1. 1884, § 4.) 179. Officer in charge of pound; to supply sustenance; to sell animals; to give notice — Redemption of animals im- pounded — Report of officer. — It shall be the duty of the officer in charge of the public pound to provide sustenance for all animals or poultry that he may impound, the expense thereof to be paid by the owner. It shall be lawful for the pound- keeper to sell at public vendue, to the highest bidder, for cash, any animal or poultry so impounded, after keeping the same three (3) days. So soon as any animal or poultry is im- pounded, the pound master shall give public notice b\ adver- tisement, for at least three (3) days, where such animal or poultry can be found, and that after the expiration of three (3) days' notice, he may sell the same; one (1) notice shall be put up at the city postoffice, one (1) at the court house, and three (3) more at the most public places in the ward where such animal or poultry were "round. Any such animal or fowl may be redeemed at any time before sale, by paying all ex- penses, fees, and a penalty of three dollars ($3) to the officer in charm- of said pound. Said officer shall render ,t monthly statement to the common council, under oath, ol all charges, sales, or penalties received by him, and pay the same r to the city treasurer, and take his receipt therefor. (Id. §5.) 180. Fees and penalties to be recovered from owner. — Whenever au\ animal impounded as aforesaid shall be sold, and shall not bring enough to pa) the fees and penalties, the same shall be recovered of the owner of an} such animal h\ suit before the judge of the municipal courl in the name of the city, the fees, charges, and penalties so recovered to go to the cil y treasurer. (Id. §6.) 181. Breaking open city pound — Penalty. — Any person or pel-sous who shall break open, or in an) manner directl) or in directly aid or assist m br< aking open an) city pound, shall, on 64 conviction thereof, be punished by a fine of twenty-five dol- lars ($25). (Id. §;.") 182. Obstructing persons driving animals to pound — Pen- alty. — Any person who shall hinder, delays or obstruct any person or persons engaged in driving to the city pound any animal or animals, beast or beasts, liable to be impounded in the city pounds, shall, for each and every hindrance, delay, or obstruction, on conviction thereof, be punished by a fine of not less than five dollars ($5) nor more than twenty-five dol- lars ($25). (Id. §8.) 183. Neglect of duty by officer — Penalty — Owner may re- deem, when and how. — Any officer, detailed as aforesaid, who shall refuse or neglect to take up, distrain, or impound any animal or fowl mentioned in section two (2) of this ordinance, known by him to be running at large, contrary to the ordi- nance of the city, shall, on conviction thereof, be punished by a fine of not less than ten dollars ($10). Whenever any estray shall be hereafter sold under this ordinance, of the value of more than forty dollars ($40), the owner shall have the privilege to redeem the same within thirty (30) days after such sale, by paying to the purchaser, or to any person who shall have subsequently purchased the same, the amount of the bid therefor and ten dollars ($10) additional to recompense such purchaser for his trouble. (Id. §§ 9, 10.) 184. Additional pound — No. 2. — That there be and is hereby established an additional public pound in and for the City of St. Paul, which shall be known and called public pound number two (•?). The same to be located at a point and place in block number five (5) of Fletcher's subdivision of Brewster's addition to St. Paul, and being three hundred (300) feet north of the north line of Arch street, and along the east line of Park avenue. Said public pound to be fifty (50) feet square, and suitably inclosed with a substantial high board fence. The same to be so constructed as to be a safe place for the impounding and keeping of all estrays, under the ordinances of the City of St. Paul and the laws of the State of Minnesota. (Ord. Xo. 452, approved Oct. 11, 1884, § 1.) 65 185. Laws and ordinances to be applicable to said addi- tional pound. — All the laws and ordinances now in force, or which may hereafter be enacted or ordained, shall be ap- plicable to said additional public pound, and of the persons in charge thereof, as hereinafter provided. (Id. §2.) 186. Special policemen to be appointed on application of St. Paul, Minneapolis & Manitoba Railway Co. — The mayor of the City of St. Paul is hereby authorized and empowered, from time to time, upon the application of the St. Paul, Min- neapolis & Manitoba Railway Company, to appoint one or more special policemen, who shall be vested with the powers and authority named and specified in section one (1). who shall have charge of public pound number two (2); provided, however, that for all services rendered by such appointees hereunder, the same shall be without charge or expense to the City of St. Paul. (Id. §3.) 187. Additional pound — No. 3 — Seventh ward. — That there be and is herein- established an additional pound in and for the City of St. Paul, which shall be known and designated as "Public Pound \<>. •">." The same shall be located ai such place within the Seventh ward as may be selected 1>\ the alder man thereof and approved by the common council of said city. (Ord. No. 1:86, approved March 31, L885, §3.) 188. Mayor to appoint special policemen to have charge of pound No. 3 — Compensation. — The mayor of the Cit\ oi St. Paul is hereby authorized and empowered, from time to time as occasions may require, to appoint one or mote special policemen, residents of said district, who shall be vested with the power and authority named and specified in section one ( 1 ) of Ordinance number four hundred and nineteen (419.), "An ordinance in relation to impounding animals." ol the City of St. Paul, who shall have charge of Public Pound who shall receive compensation ai the rate ol fift.3 dollars ($50) per month, payable as other citj officers. (Id. As amended bj Ord. No. 652, approved Vpril 28, 1886, §1.) 66 189. Horses, etc., not to be kept in tenement house — Pen- alty. — No tenement or lodging house, nor any portion thereof, shall be used as a place of storage for any combustible article i >r rags, or any article dangerous or detrimental to health, nor shall any horse, cow, calf, swine, pig, sheep or goat be kept in such house. Any person who violates, neglects, or refuses to comply with any of the provisions of this section shall be subject to a fine not exceeding one hundred dollars ($100) nor less than twenty-five dollars ($25) for each offense. (Ord. Xo. 1681, approved May 11, 1893, § 1.) CEMETERIES. Ordinance No. 1940. I Approved July 8, 1897.) 190. An Ordinance in relation to the interment of the dead in the city of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That the dead body of every human being that shall be interred in any grave in any cemetery in the City of St. Paul shall be placed in a substantial coffin or casket, wooden or other material, and shall be placed in such grave at least three feet below the surface of the earth. 191. Sec. 2. Penalty. — Every person who shall cause or permit to be interred, or assist in interring, the dead body of any human being in any grave in any cemetery in the City of St. Paul in any manner contrary to the provisions of section one of this ordinance, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty dollars ($20) nor more than one hundred dollars i $100) or by imprisonment in the St. Paul workhouse for not less than fifteen nor more than ninety days. Sec. 3. This ordinance shall take effect and be in force from and after its passage. 192. An Ordinance regulating the establishment and en- largement of cemeteries within the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That hereafter no cemetery or place for the burial of the dead shall he established or set apart, nor shall any ex isting cemeteries be enlarged without permission and authority of the Common Council of the City of St. Paul. Sec. 2. Xo interment of the dead body of any human be- ing, or disposition thereof, shall be made in any tomb, vault or cemetery or place within the City of St. Paul, or within the enlargement of any cemetery, until such tomb, vault, cemetery or place, or the enlargement thereof, shall be set apart and devoted to such purpose by and with the consent of the Coin mon Council of the City of St. Patd. 193. Sec. 3. Penalty. — That every person who shall take part in the interment of a dead body of any human being or disposition thereof at any place within the City of St. Paul which has not been established as a cemetery or place for the burial of the dead, as in this ordinance provided, shall be guilty of a misdemeanor, and shall be. on conviction thereof, subject to a fine of not less than $25, nor more than $100, or by imprisonment in the workhouse of the City of St. Paul for a period of not le>s than thirty nor more than ninety days. Sec. I- This ordinance shall take effeel and be in force from and after its passage and publication. (Ord. No. L875, approved .May 22, L896.) CHARTER AMENDMENTS. (Resolution approved by the mayor Nov. 22, L904.) 194. Whereas, At the general election held in the Cii\ of St. Paul on the 8th day of November, L904, there was duly submitted to the qualified voters of said election, fifteen sep arate proposed amendments to the charter of said cit) foi a rat ification ; and \\ hereas, The Com mon Council of said city, in joint ms sion, has duly canvassed the votes and official returns of said election upon the question of the ratification of said amend- ments and each of them, and it appeal from such canvass iliat for said amendment numbered one i i i there were L9.993 votes 68 cast in favor thereof; that for said amendment numbered two i 2 I there were 18,769 votes cast in favor thereof; that for saio. amendment numbered three (3), there were 17,454 votes cast in favor thereof; that for said amendment numbered four (4), there were 1.8,288 votes cast in favor thereof; that for said amendment numbered five (5), there were 15,399 votes cast in favor thereof; that for said amendment numbered six (6), there were L7,496 votes cast in favor thereof; that for said amendment numbered seven (7), there were 14,982 votes cast in favor thereof: that for said amendment numbered eight (8), there were 16,428 votes cast in favor thereof; that for said amendment numbered nine (9), there were 16,371 votes cast in favor thereof; that for said amendment numbered ten (10), there were 15,055 votes cast in favor thereof; that for said amendment numbered eleven (11), there were 15,632 votes cast in favor thereof: that for said amendment numbered twelve I L2 I, there were 15.417 votes cast in favor thereof; that for said amendment numbered thirteen (13) there were 12,769 votes cast in favor thereof; that for said amendment numbered fourteen (14), there were 15,856 votes cast in favor thereof; and that for said amendment numbered fifteen (15) there were 17,041 votes cast in favor thereof; and Whereas, It appears that said Amendments Xos. 1, 2. 3, 4, 6 and 15, and each thereof, did receive the votes of more than three-fifths of the qualified voters voting at said election in said city, and each of said amendments did receive more than three-fifths of the total vote cast for any purpose at said elec- tion ; therefore, be it Resolved, That said Amendments Xos. 1, 2, 3, 4, 6 and 15. and each thereof, are hereby declared to have been adopted and ratified by the qualified voters of said city at said elec- tion, as provided by law. Approved by the mayor Nov. 22. 1904. (Amendments Adopted.) 69 AMENDMENT NO. 1. 195. That subdivision d of section 4 of title II of Chapter Y of said charter be amended so as to read as follows: "To provide for the support and maintenance of the fire department of the city. The total expense of the administra- tion of said department, including all expenditures for lands, buildings, rents, stores, fuel, horses, apparatus and appliances of every description, salaries, wages and all other outlay, whether of a temporary or permanent nature, shall not in any year exceed the sum of two hundred and forty-five thousand dollars, in addition to any unexpended balance remaining in said fire department fund from the preceding year." AMENDMENT NO. 2. 196. That subdivision 5 of section I of title II of Chapter V of said charter be amended so as to read as follows : "To provide for the support and maintenance of the police department of the city. The total expense of the administra- tion of the police department, including compensation of pound masters, and all expenditures for lands, buildings, rents, stores, fuel, horses, apparatus and appliances of all kinds, sal- aries, wages and all other outlay, whether of permanent or temporary nature, shall not. in any year, exceed the sum of two hundred and fourteen thousand dollars, in addition to any unexpended balance remaining in said police department fund from the preceding year." AMENDMENT NO. 3. 197. That subdivision 21 of section I, title II of Chapter \ o| -aid charter he amended so a-- to read as follows: "To provide for the maintenance and improvemenl of public parks, parkways, drives and other grounds under the jurisdiction of the Board of Park Commissioners, not exceed ing in any one year the sum of ninety thousand dollars, in ad dition to anj unexpended balance remaining in said fund al ich fiscal \ ear. and in additii in to all up me) ceived by said hoard from donations or fr< »m the lease or opt ra tion oi privileges or other sources incidenl to the maintenance and management of the public parks." AMENDMENT NO. 4. 198. That subdivision 15 of section I of title II of Chapter V of said charter be amended so as to read as follows: "To provide for cleaning and repairing" streets, sewers, sidewalks and crosswalks. The total amount of expenditure in any one year for all of said purposes, other than that paid by special assessment, shall not exceed the sum of two hun- dred thousand dollars, in addition to any unexpended balance remaining in said street and sew r er fund from the preceding year." i Mote — This amendment was submitted pursuant to peti- tion presented to the commission, purporting to be signed by more than five per cent, of the legal voters of the city voting at the last election.) AMENDMENT NO. 6. 199. That section 23 of title II of Chapter V of said charter be amended so as to read as follows : ''Sec. 23. To provide for the support of the health de- partment of said city, not exceeding, however, in any one year, the sum of twelve thousand dollars, in addition to any unex- pended balance remaining in the health department fund from the preceding year ; except that in case of invasion or threat- ened invasion of the city by dangerous epidemic, the common council may. by ordinance to be passed by at least three- fourths of all the members elect of each body, authorize addi- tional expenditure to be made from the general fund, as the same is herein provided for. The commissioner of health shall appoint an assistant commissioner of health, wdio shall be a physician in regular practice, and such number of inspectors as may be necessary, and shall fix the salary and compensation of said assistant and inspectors, provided always that the total expenditures of said department during any year shall not exceed the appropriation therefor as above provided. Any other requirements of the charter in conflict with the fore- going provisions are hereby repealed. "The provision contained in section thre.e (3), title II of Chapter VI of said charter, imposing upon the Commissioner of Public Works the duty of collecting and disposing of garb- age and other waste matter is hereby repealed, and hereafter the diity of collecting and disposing of garbage, dead animals and other waste matter, except stable refuse and night soil, is hereby imposed upon the department of health, and such work shall be done under the direction and supervision of the Commissioner of Health, and a fund shall be provided therefor by taxation, to be known as the 'Garbage Fund,' which shall not exceed in any one year the sum of twenty-five thousand dollars, in addition to any unexpended balance remaining in said fund from the preceding year, and in addition to all moneys received from the sale and disposal of garbage, dead animals and other refuse matter, which receipts shall be cred- ited tn said fund. "The Commissioner of Health, within the limit of such appropriation, shall have power to employ such help and as- sistance as may be necessary to enable him to discharge the duties hereby imposed, and shall, with the approval of i In- Common Council, fix the compensation of all employes, out- side of the health department proper, who are engaged in the collection and disposal of garbage, dead animals and other waste matter." AMENDMENT NO. 15. 200. That section LO of Chapter l\ of said charter b< amended by adding at the end thereof the following' sub- division : "64. To provide and maintain public playgrounds and places of recreation for children, and to levy the necessary tax to acquire and suppprl the same nol exceeding in an) one year i he sum of ten thousand d< illars." CITY ATTORNEY (CORPORATION ATTORNEY.! 201. Election of — Duties — Prosecute and defend suits — Furnish opinions. — There shall be elected, as provided in the charter, one citj attorney, whose duties it shall be to prosecute and defend all suits and actions, originating and pending in any courl in this state, to which the hall be carefully preserved in his office, ami open to the inspect i,, n of all pefs, ms interested. I Id. §2.) 210. Make surveys, maps, etc. — He shall make all surveys, map-, plans, and profiles relating t<> the streets, public grounds, levees, alleys, sewers, drains or improvement, within the limits of said city, ami such beyond the limits of the citj as the com ni' hi ci »uncil ma} , fr< 'in tunc to time, direel . ( td. §3.) ; i 211. Submit to council detailed estimates of improvements. — He shall, when called upon by the common council, or any committee thereof, submit detailed estimates of any proposed improvements. (Id. §4.) 212. Superintend in person, improvements, etc. — He shall superintend, in person, and carefully watch the improve- ments of all streets, sidewalks, sewers, and culverts, and see that the same is being done in conformity to the contract, ordinance, or resolution authorizing the same. (Id. §5.) 213. Suggest to council nature of materials for public works, etc. — Aid council with professional knowledge. — He shall suggest to the common council the kind and quality of materials to be used in all public works, the necessary means to insure the permanent stability of the work, and shall at all times aid the common council with his professional knowledge and skill. (Id. §6.) 214. Book of contracts — Quarry contracts to be recorded — Books and stationery to be paid for by city. — He shall keep a book in which shall be kept all contracts in relation to the streets, public grounds, levees, sewers, culverts, and drains, and all contracts in relation to the quarries owned by the city shall be recorded ; provided, that all books, wrapping paper, and stationery required for his office shall be purchased and paid for by the city. (id. § r.) 215. Collect and turn over money for stone quarries. — He shall collect all moneys due the city for stone quarries, under any contract or resolution, and pay the same over to the city treasurer the Tuesday following the receipt thereof, taking duplicate receipts therefor. (Id. § 8.) 216. Examine quarries — See that no one quarries without permission of council — Report to council — Pay over moneys once a month. — He shall, as often as he may deem necessary. or as often as the council may direct, make an examination of 75 all quarries owned by the city, and see that no one quarries rock without permission of the common council; and if any one is found or known to he so offending', to report the same to the common council. On the first meeting of the council of even- month he shall pay over all moneys received by him during the month previous, for the city, with the treasurer's receipts therefor, and also any other matters which he may deem of interest to the city. (Id. §9.) 217. Turn over to successor books, etc. — lie shall, at the expiration of his term of office, turn over and deliver to his successor, all hooks, papers, plans, profiles, estimates, and oth- er property of any kind whatever in his hands, belonging to said city, taking duplicate receipts therefor, in which receipts all hooks, papers, plans, profile-., estimates, and other property shall he specially numbered and enumerated, one of which re- ceipts shall he transmitted to the common council within five (5) days after the expiration of his term of office. (Id. § 10.) i See, also, city charter, i COAL AND HAY— WEIGHERS AND SCALES. (See, also, Scales and Weights and Measures. I 218. Certificate of weight to be furnished purchaser, or coal or hay weighed in his presence. — Each and every person, linn. or corporation engaged in the business of selling coal or hay, in tin- City of St. Paul, to he delivered within said city, shall either produce and deliver to the purchaser, at the time of deliver) ol coal or hay purchased, ;i certificate signed l>\ a weigher, duly appointed under the charter and ordinances of the -aid city, showing the weighl of the coal or ha) delivered ; or the seller of said coal or hay shall, at the Hum- and place of the deliver) thereof, weigh, or cause i" he weighed, th< "i" ha) so delivered, which weighing shall he done in the p ence of the purchaser or lii agi nt, if the said purchaser shall desire i >i" see id i" he present. i < >id. appr< >\ ed Vpril II. 1875, sj I . i ;<; 219. Ton to be two thousand (2,000) pounds. — Every per- son, firm, or corporation purchasing a ton of eoal or hay shall be entitled to receive two thousand (2,000) pounds (and a pro- portionate amount for any portion of a ton purchased), and every person, firm, or corporation shall deliver two thousand (2,000) pounds of coal or hay for each ton so purchased, and a proportionate amount for any part of a ton so purchased. (Id. § 2.) 220. Penalties. — Every weigher weighing any coal or hay who shall be guilty of giving a false certificate as to the num- ber of pounds of coal or hay weighed by him, as provided in this ordinance, and any person who shall fail to fully comply with this ordinance, or fail to deliver to any purchaser the amount of coal or hay so purchased, or wdio shall practice any fraud or deceit in the sale or delivery of any coal or hay so purchased as aforesaid, shall, upon conviction by any court of competent jurisdiction, be fined in any sum not less than twenty dollars ($20) nor more than one hundred dollars ($100) for each and every such offense. (Id. § 3.) 221. Council to appoint weighers and designate number of scales — Weigher to test scales and have same adjusted — Pen- alties — Certificate of appointment to weighers and owners — Bonds. — It shall be the duty of the common council to appoint such number of weighers as may be deemed necessary and ex- pedient for the interest of the city and purchasers of coal or hay, and also to designate the necessary number of scales in the several wards or sections of the City of St. Paul to ac- commodate the dealers in and purchasers of coal or hay, and it shall be the duty of the weighers so appointed to test his scales at least once in every month, and to cause said scales, if not strictly correct, to be corrected; provided further, it "shall be the duty of the weighers so appointed to have their scales adjusted and sealed by the sealer of weights and measures at least once in every three months, and oftener if required. And any neglect of duty in any respect by said weigher, or any refusal or neglect of the owner of such scales to have them corrected, after notice of their incorrectness, shall subject the said weighers, or either of them, so offending", or the owners of such scales, to a fine of not less than twenty dollars ($20) or more than one hundred dollars ($100). A certificate of appointment shall be given to the weighers, and a bond of five hundred dollars ($500) taken from each of said weighers for the faithful discharge of their duties. A certificate shall -also be given and a bond of five hundred dollars ($500) re- quired of the owners of the scales hereinbefore named and referred to. for the faithful compliance with this ordinance, and such other ordinances as may be passed relating thereto by the common council. (Id. §4.) 222. Weighers to provide satisfactory scales and keep them adjusted. — Each of said weighers so appointed shall provide his own scales, which shall be of some improved patent which shall be satisfactory to the common council, and shall locate them and keep them properly adjusted and repaired at their own expense. (Id. §:... 223. Persons ineligible as weighers — Deputies — Weigher or deputy to be present at scales. — No person or persons, cor- poration, or firm interested in any coal yard, or any dealer in coal or hay. or transacting any coal or hay business, not their employes in said city, shall be eligible to the office of city weigher under this ordinance. Said weigher may appoint as many deputies as may be necessary to attend said scales, and -aid weighers and their bondsmen shall he held responsible for the acts of said deputies. And said weighers, or one of their deputies, -had be presenl al the designated scales during all reasonable hours each day. during the term of their office, Sundays excepted. I 1.1. §6.) 224. Fee for weighing — Coal or hay must be weighed. — The said weighers shall 1»- allowed to charge ten (10) rent-. and no more, for each load or pari of a load weighed b) "i for them, to he paid by the vendor of said coal or hay; hut no coal or hay shall he sold h\ any dealer in coal or ha) with out having the same weighed as provided in this ordinance, under the penalty or penalties prescribed in section three (3) i>i this ordinance. (id. §;.» CONCEALED WEAPONS. 225. Unlawful to carry concealed weapons. — It shall be un- lawful for any person, within the limits of the City of St. Paul, to carry or wear under his clothes, or concealed about his person, any pistol or pistols, dirk, dagger, sword, slungshot, cross-knuckles, or knuckles of lead, brass, or other metal,* bowie-knife, or razor, or any other dangerous or deadly weapon. (Orel. No. 265, approved Jan. 17, 1882, § 1.) 226. Weapon to be confiscated and disposed of by chief of police. — Any such weapon or weapons, duly adjudged by the municipal court of said city to have been worn or carried by any person, in violation of the first section of this ordinance, shall be forfeited or confiscated to the said City of St. Paul, and shall be so adjudged. And said weapons shall be handed over to the chief of police, and by him kept, sold, and disposed of, in the manner provided by section nine (9) of chapter eighty-six (86), Special Laws of the State of Minnesota, A. D. 1876, approved March 1, 1876, authorizing the sale of lost and stolen property, fid. § 2, as amended by Ord. No. 927, approved April 17, 1888, §10 227. Policeman may arrest without warrant and detain of- fender. — Any policeman of the City of St. Paul may. within the limits of said city, without a warrant, arrest any person or persons whom such policeman may find in the act of carrying or wearing under their clothes, or concealed about their per- son, any pistol or pistols, dirk, dagger, sword, slungshot, cross- knuckles, or knuckles of lead, brass, or other dangerous or deadly weapon, and detain him, her, or them in the city jail until a warrant can be procured or complaint made for the trial of such person or persons, as provided by -the charter of the City of St. Paul for other offenses under said charter, and for the trial of such person or persons, and for the seizure 79 and confiscation of such of the weapons above referred to as such person or persons may be found in the act of carrying or wearing under their clothes, or concealed about their per- sons. (< ml. No. 265, approved Jan. 17, L882, § 3.) 228. Warrant shall issue upon complaint — Proceedings upon return of warrant — Offender to keep the peace. — Upon complaint made under oath or affirmation to the municipal court of the City of St. Paul, that any person has been guilty of violating any of the provisions of section one (1) of this ordinance, a warrant shall issue for the arrest of the offender or offenders, returnable as other warrants are returnable. Upon the return of such warrant, the municipal court shall proceed to the hearing and determination of the matter, and if it shall be adjudged that such person or persons has or have incurred any of the penalties fixed by this ordinance, such court shall so adjudge, and order that the weapon or weapons concerning the carrying or wearing of which such penalty shall have been incurred, shall be confiscated to the City of St. Paul. And further, every such person or persons so offending, on conviction, shall be required to find sureties for keeping the peace for a term not exceeding six months. (1.1. § l.i 229. Penalties. — Any person or persons violating any of the provisions of section one < 1 I of this ordinance shall pay a fine of not less than five dollars ($5) nor more than one hundred dollars ($100), or be imprisoned for a term nol exceeding ninety (90) da_\s. or both, in the discretion of the municipal judge before whom Mich conviction shall he had. (Id. § 5.) 230. Policeman, other officers and persons licensed may carry weapons. — 'The prohibition of this ordinance -hall n"t appb to the officers and members of the police force ol said city when on duty, nor to an) officer of an) courl whose duty may he to serve wan-ant- or t" make arrests, nor to |" i ona whose business or occupation ma) seem to require the carr) ing of weapon- for protection, and who shall have obtained 80 from the mayor of said city a license so- to do, as hereinafter provided. (Id. §6.) 231. Mayor may grant and revoke license. — The mayor of the City of St. Paul may grant to so many and to such persons as he may think proper licenses to carry concealed weapons, and may revoke anv and all of such licenses at his pleasure. (Id. § 7.) 232. License — Price and manner of issue. — Application for such licenses shall be made to the mayor of said city, in writ- ing, and when granted, the person applying therefor shall pay into the city treasury the sum of two dollars ($2), and there- upon a license shall be issued by the city clerk and signed by the mayor. (Id. §8.) 233. License to state name, etc. — Expires Dec. 31st. — Every such license shall state the name, age, occupation, and residence of the person to whom it is granted, and shall ex- pire on the thirty-first day of December of each and every year. (Id. §9.) 234. An Ordinance to prevent and prohibit the carrying, or wearing about the person, of any dangerous or deadly weapons, and providing for the confiscation thereof. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That it shall be unlawful for any person under the age of seventeen years to carry or wear about his person, any gun, rifle, flobert, pistol, dirk, dagger, sword, slungshot, cross-knuckles or knuckles of lead, brass or other metals, bowie-knife, dirk knife, razor or any sort or description of fire- arm or any other dangerous or deadly weapon. 235. Sec. 2. Weapons to be forfeited. — Any such weapon or weapons duly adjudged by the Municipal Court of the City of St. Paul to have been worn or carried by any person in violation of the first section of this ordinance shall be forfeited 81 to and confiscated by the City of St. Paul, and shall be so adjudged. 236. Sec. 3. Penalty. — Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not less than five dollars ($5) nor more than one hundred dollars ($100), or by imprisonment for a term not exceeding ninety ( 90) days. Sec. 4. This ordinance shall take effect and be in force from and after its passage, approval and publication. (Ord. No. 8239, approved Jan. 4. 1902.) CONTRACTS AND CONTRACTORS. 237. Contracts with city — Special provision to be made for payment of laborers. — When any contract is ordered to be made or let, under the provisions of the city charter, or the acts amendatory thereof, for any public improvements, either on streets, public grounds, public buildings, or other structure, or for repairs thereto, such contract shall contain a special provision for the payment of the laborers who may perform work or labor on any such work or improvement, out of the amount due to the contractor or contractors therefor from the city, before any part or portion thereof shall be paid to said contractor or contractors, their heirs, agents, or assigns, as hereinafter provided. (Ord. No. 306, approved Sept. 19, 1882, § 1 ; re-enacted by Ord. No. L542, approved Oct. 13, 1891, § 1.) 238. Affidavit of contractor as to labor to be attached to estimate — Labor to be paid first — Surplus to be paid contractor — Contractor's affidavit that labor has been paid for. — When contracts arc made as stated in section one I l I of this ordi nance, it shall be the duty of the city engineer, before making an estimate for any work, to require of the contractor or con tractors a full list of all persons who have been employed by him or them on said contract, the time the} have worked, and the amount due from liim or them to each of said laborers, which statement shall be sworn to before some officer au- thorized to administer oaths, as being true, and as containing a full list of all persons and the amounts or sums due to each for labor thereon; and thereafter it shall be the duty of the 82 said engineer, when he makes an estimate, to annex said sworn statement to the same, as a part thereof; and when said esti- mate shall have reached the comptroller, if the same be audited by him as correct, said work shall be paid for by the City of St. Paul, if the amount of the estimate is sufficiently large, if not, then pro rata : and if there should be any surplus after paying for said labor, the same shall be paid to the contractor or contractors; provided, however, that if the contractor or contractors shall make and file with the engineer an affidavit that all the labor for which an estimate is asked has been paid for, the engineer may waive the statement before provided for in this section. (Ord. No. 306, approved Sept. 19, 1882, §2.) 239. Affidavit of contractors as to labor to be attached to estimate — Labor to be paid first — Surplus to be paid contract- ors — Contractor's affidavit that labor has been paid for. — When contracts are made as stated in section one (1) of this ordinance, it shall be the duty of the city comptroller, before auditing an estimate for any work, to require of the contractor or contractors a full list of all persons who have been employed by him or them on said contract, the time they have worked and the amount due from him or them to each of said laborers ; which statement shall be sworn to before some officer author- ized to administer oaths as being true and as containing a full list of all persons and the amounts or sums due to. each for labor thereon ; and thereafter it shall be the duty of said comptroller, when he audits an estimate, to annex said sworn statement to the same as part thereof, and said work shall be paid for by the City of St. Paul if the amount of the esti- mate is sufficiently large, if not, the same shall be paid to the contractor or contractors : provided, however, that, if the contractor or contractors shall make and file with the comp- troller an affidavit that all the labor for which an estimate is asked has been paid for, the comptroller may waive the state- ment before provided for in this section. (Ord. Xo. 1542. approved Oct. 13, 1891, § 2.) 240. Claims for labor omitted from contractor's affidavit to be filed with comptroller — Comptroller give notice — Money to be retained in treasury — Claim to be put into judgment — 83 Money to be paid when judgment. — In case there may be any claim for labor done and performed for any contractor or con- tractors, in the performance of the work for which an estimate is asked for, which may for any reason have been omitted from the contractor's sworn statement, the person or persons having such claim may file the same, duly verified, with the comp- troller, at any time during- the progress of the work under the contract, and within ten (10) clays after the allowance by the board of public works of the final estimate under any contract, and upon the filing of said claim as aforesaid the comptroller shall give the contractor or contractors notice thereof, and if the contractor or contractors do not consent to the payment of the same, the amount thereof shall be retained in the city treasury, if there be a sum equal to the amount claimed due the contractor or contractors, or if less the whole amount due to the contractor or contractors, for a period of sixty (60) days, when, if said laborer or laborers have not taken the necessary legal steps towards putting said claim into a judg- ment, the same shall be paid over to the contractor or con- tractors. Upon the rendition of any judgment against a con tractor or contractors, upon any claim filed with the comp troller as aforesaid, the labor on any contract with the City of St. Paul, the same shall be paid out of the city treasury, if there are funds applicable thereto dwe the contractor or con- tractors, and the same so paid shall he charged up against the contractor or contractors as payment on said contract. (< )rd. No. 306, approved Sept. 1!». L882; § 3.) 941. Claim omitted from contractor's affidavit to be filed with comptroller — Comptroller give notice — Money to be re- tained in treasury — Claim to be put into judgment — Money to be paid when judgment — City not liable unless notice of suit filed. — ll in case there be any claim for labor dour and formed lor any contractor or contractors in die performance of the work for which an estimate is asked for, which max for an) reason have been omitted from the contractor's sworn statement, the person or persons doing such work may file such claim, duly verified, with the comptroller, .m an) time during the progress of the work under the contract, and with- in ten (III) days after the allowance by the board of public 84 works of the final estimate under any contract; and, upon the filing oi said claim as aforesaid, the comptroller shall give the contractor or contractors notice thereof, and if the contractor or contractors do not consent to the payment of the same, the amount thereof shall be retained in the city treasury, if there be a sum equal to the amount claimed due the contractor or contractors, or, if less, the whole amount due to the con- tractor or contractors, for a period of sixty (60) days from the date of the allowance of said final estimate, when, if said laborer or laborers have not taken the necessary legal steps towards putting said claim into a judgment, the same shall be paid over to the contractor or contractors. Upon the rendition of any judgment against a contractor or contractors in favor of the person doing such work upon any claim filed with the comptroller as aforesaid, for labor on any contract with the City of St. Paul, the same shall be paid out of the city treasury, if there are funds applicable thereto due the contractor or contractors, and the same so paid shall be charged up against the contractor or contractors as payment on said contract; provided, however, that the City of St. Paul shall not in any event be liable to pay any judgments rendered as above specified, unless there shall be filed with the city comptroller, within said sixty (60) days, a notice of the com- mencement of the suit on such claim, and the name of the court in which the same is pending. (Ord. Xo. 1542, approved Oct. 13, 1891, § 3.) 242. Reference to ordinance to be included in contracts. — All contracts let by the City of St. Paul to any person or persons, for grading streets, public grounds, public buildings, or other structure or public improvement, shall be made to include, by reference thereto, the provisions of this ordinance. (Ord. No. 306, approved Sept. 19, 1882, §4.) 243. Ordinances contravening provisions of Ord. 1542 re- pealed. — All ordinances of the City of St. Paul in any manner contravening, or in any respect inconsistent with, the pro- visions of this ordinance are hereby in all things repealed. (Ord. Xo. 1542, approved Oct. 13, 1891, § 5.) 85 CORNICES. (See, also, Building Code.) 244. Engineer to examine — To report dangerous structures to chief engineer of fire department, who shall serve notice, etc. — That it is hereby made the duty of the engineer to the Board of Public Works, whenever requested so to do by the chief engineer of the fire department of said city, to examine all buildings which are now built, or which may be hereafter erected within said city, the cornices of which are either brick or stone, for the purpose of ascertaining whether, by reason of dilapidation, defects in structure, material, or other cause, any of said cornices or structures have become imminently danger- ous to life or property, and if on such examination it shall ap- pear to said engineer of the Board of Public Works as afore- said that any of said cornices or structures are dangerous to life or property, and that the same should be either repaired or taken down, as the case may be, he shall report that fact in writing to the chief engineer of the fire department, who shall cau>e a notice to be served upon the owner, and if the owner is a non-resident, such notice may be served upon his or her agent, it" they have one in the city, if not, notice may be posted upon the premises and printed in the official paper by one publication, that within such time as may be named in said notice that said dangerous cornice or oilier structure must be taken down or repaired to the satisfaction ami approval of the engineer to the Board of Public Works. (Ord. No. 230, approved March 86, L881, § L.) 245. Council may declare nuisance and direct removal. — In case such dangerous cornices or other structures are nol repaired or removed within the time named, and in the manner directed by said chief engineer of the fire department aforesaid, it is hereby made the duty of said engineer to report the fact to the Common Council of said city, who maj declare said dangerous cornices or structures a public nuisance, and direct the same to 1"- taken down and rem' >ved forthwith 1>\ the chief of police, under the direction of the mayor, al the expen i the owner, and such expense so incurred In such removal may 86 be recovered of said owner in a civil action, before any court of competent jurisdiction. (Id. § 2.) 246. Penalty. — Any person refusing or neglecting to re- move or repair any dangerous cornice or structure, within the time limited in any notice that may be served upon him by the chief of fire department, as aforesaid, shall, pay a fine of not less than twenty dollars ($20) for each and every day the said cornice or structure shall be permitted to remain after the ex- piration of the time limited in said notice, as aforesaid. (Id. §3.) 247. If not incombustible, to be covered with metal, when. — Appendages to any business building above the first story, and above thirty (30) feet from grade of sidewalk on any other building, if not wholly of incumbustible material, shall be en- veloped with metal. Dormer windows, cornices, moldings, balconies, bay windows, towers, spires, ventilators, etc., shall be considered as appendages. (Ord. No. 340, approved June 22, 1883, § 31.) 248. To be incombustible, when. — All cornices, gutters, eaves, and parapets (above first story of business building, and above thirty (30) feet from grade of sidewalk on all other buildings) shall be made of incombustible materials. * * * (Id. §31.) 249. Penalty for violation of provisions of Ord. 340. — Any person who shall violate any of the provisions of this ordi- nance, where no other penalty is provided, shall be subject to a fine of not less than ten dollars ($10 ) nor exceeding one hun- dred dollars ($100) for each and every offense. (Ord. Xo. 310, approved June 22, 1883, § 107.) COUNCIL BADGES. (Resolution approved July 11, 1896.) 250. Badges for councilmen. The Common Council of the City of St. Paul do ordain as follows : That every member of the Common Council of the City of St. Paul be supplied with a silver star of medium size on 87 which shall appear in distinct letters the words "Councilman City of St. Paul." which star when worn by any qualified member of the Common Council shall be and is hereby made the badge of authority of such councilman as an officer of the peace within and for said city under section three (3) of Chapter XVI of the Municipal Code of St. Paul. The cost of said stars shall be paid out of the general fund and they shall be and remain the property of the City of St. Paul. DANGER SIGNALS. Ordinance No. 2407. (Approved November 12, 1903. 1 251. An Ordinance providing for the erection and mainte- nance of guard-fences and barricades and the placing of danger signals upon the obstructed portions of streets and other public grounds and public works. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Guards to be erected. — That any person, linn or corporation, engaged in the performance of any work which shall require the use or occupancy, in whole or in part of any street, lane, alley, bridge, tunnel, viaduct or other public grounds or public works, within the corporate limits of the City of St, Paul, shall properly guard and protect all exposed and dangerous places, whether the same shall be an excava tion or other obstruction in, upon or along such street, lane, alley, bridge, tunnel, viaduct or other public grounds or public works, by erecting and maintaining Mich guard-fences cr bar- ricades as may he necessary to properly guard and proteel such exposed, obstructed or dangerous places aforesaid. 252. Sec. 2. Lamps and signals. — Ever) person, linn or corporation, i d in the performance of an) work described in section one ' l I hereof shall, during the dark parts of i and every day and during all of each and even night while such exposed, obstructed or dangerous place or places shall so remain, place thereon, thereat or thereby, danger signals or lamps, t wo or m< >re as the case ma) require, of a n '1 i olor, and 88 in the most conspicuous places and in such a manner as will warn all persons approaching the same of the existence of such exposed, obstructed or dangerous place. 253. Sec. 3. Red Lights. — The lamps hereinabove men- tioned to be used as danger signals shall in every instance be provided with globes of red glass. Sec. 4. To whom applicable. — The provisions of this or- dinance are applicable to and shall apply to any person, firm, corporation or individual who, for any cause, may have occa- sion to use or occupy any such street, alley, lane, bridge, tun- nel, viaduct or other public grounds or public w r orks either for himself and individually, or as the agent or contractor of others, or of the City of St. Paul, or otherwise, and in any manner. 254. Sec. 5. Penalty. — Any person, firm, corporation, or other individual who shall be guilty of violating any of the foregoing provisions of this ordinance shall, upon conviction thereof before any court, having jurisdiction of such case, be punished by a fine of not less than ten ($10) dollars or more than one hundred ($100) dollars, and such fine shall not in any manner affect or diminish the liability of such offender for any loss, damage or injury that any person or persons may receive or sustain by reason of such omission. 255. Sec. 6. Same. — Any person who shall remove, injure, destroy, or in any manner interfere with any of the guard fences, barricades or signal lamps erected or placed, pursuant to the provisions of this ordinance or any person who not en- gaged in or upon the work thus guarded shall cross or attempt to cross over or under such guard fences or barricades afore- said, shall, upon conviction thereof, be punished by a fine of not less than ten ($10) dollars nor more than one hundred ($100) dollars, or by imprisonment in the workhouse for not less than ten (10) days nor more than ninety (90) days. 256. Sec. 7. Old ordinances repealed. — The provisions of Ordinance No. 526, approved June 2, 1885, as amended by Ordinance No. 716, approved September 7, 1886, are hereby repealed. Sec. 8. This ordinance shall take effect and be in force from and after its passage, approval and publication. 89 DESTITUTE OR DISEASED PERSONS. (See, also, Health Department.) 257. Unlawful for steamboat captain, railroad company, or others to bring or leave persons with contagious disease, or diseased or destitute, without providing for care, etc. — Penalty. — If any owner, captain, or master of any steamboat, keel boat, barge, or raft, or any other person or persons, or railroad com- panies or other corporations, shall, in any way or by any means, bring or leave, or suffer or permit to be brought or left, any person or persons within the limits of the City of St. Paul who is afflicted with any contagious disease, or in a diseased or destitute condition, and fail to make and provide means for the necessary comfort, care, subsistence, and attention of such persons, he or they so offending shall be fined in any sum not exceeding one hundred dollars ($100). (Ord. approved Oct. 7, 1869, also in Article XLVL, Municipal Code 188-1, § 1.) 258. Neglect to provide for support of destitute — Remedy. — If any person named in the above section, or otherwise, shall neglect to provide the means of support for such destitute per- sons, the same ma}' be done by the mayor or board of health, or city health inspector, and then the offending person or per- sons be compelled to pay for the same, and all incidental ex- penses therein, and such expenses shall be included in any fine imposed for a violation of this ordinance, or the same ma) In- recovered in the name of the City of St. Paul, before any court of competent jurisdiction in an action of debt or other proper action. •Id. §2.) DISORDERLY HOUSES— HOUSES OF ILL-FAME. 259. Disorderly houses and houses of ill-fame, and resort- ing thereto, unlawful — Penalty. — Any person or persons who shall, within the limits of the City of St. Paul, keep a hou ill-fame, or a place resorted to for the purpose of prostitution or lewdness, or who shall keep a disorderl} or ill-governed house or place, or a house or placi for the practice of Fori tion, or for the resorl of persons of evil name oi fame, or to -.-lid Ciu Clerk the sum of one ($1 i dollar, ii tin- dog for which the license he desired i- a male 'I"'.', and the sum of three ($3) dollars it' the dog for which the license be desired is a female dog; and thereupon the said City Clerk 92 shall issue to such person so applying for a license for such dog which shall last for a period of one year from the date of its issue, and at the same time said City Clerk shall register said dog by entering in a book kept by him for such purpose, the number of such dog, the name and residence of his owner,, and the date of the expiration of such license. 265. Sec. 3. Tag for license. — At the time of the issuing of the license, as provided in section two, said City Clerk shall deliver to the person to whom the license is issued a metallic tag upon which shall be stamped or engraved the words "dog license" and the registered number of such dog. Such tag^ shall be furnished by said City Clerk at an expense to the City of St. Paul of not more than five cents for each tag. It shall be the duty of the owner or keeper of the dog for which such tag is given, to place and keep around the neck of such dog a collar to which the tag shall be securely at- tached, and it shall be unlawful for the said owner or keeper to allow such clog to run at large, whether licensed or not, within the limits of said city, unless it wears the collar and tag^ above described. In case any such tag is lost or stolen after the same is issued, the owner or keeper of the dog for which such tag was issued, upon presenting and surrendering to the said City Clerk the license or receipt issued when the said dog was regis- tered and licensed as aforesaid, shall receive a duplicate license tag and a duplicate license upon the payment to said City Clerk of the sum of twenty-five (25) cents, which shall be in the same form as the original tag, except as to the number thereof, but no person shall be granted such duplicate tag urt- 4ess the original tag has actually been lost or stolen, and the City Clerk may require, before issuing such duplicate tag, an affidavit from the person applying therefor that such tag has been lost or stolen, and the details thereof, and that such tag is not at any time in his possession or control. It shall be unlawful for any person to make, sell, purchase or transfer in any way such tag, or counterfeit the same in any way, or to place or permit to be placed any tag so made, sold, purchased, transferred or counterfeited upon his dog, or any dog in his custody or keeping, or place or permit to be placed 93 any tag issued as aforesaid upon any dog other than the one for which such tag was issued by the City Clerk. 266. Sec. 4. Not allowed at large. — No dog shall be permitted by its owner or keeper to run at large in the City of St. Paul unless the same is licensed and has attached to its collar a tag as aforesaid, and it shall be lawful for any per- son to capture, detain and deliver up to the proper authorities any dog found running at large contrary to this ordinance. 267. Sec. 5. Ferocious dogs. — It shall be unlawful for any person at any time within the City of St. Paul to permit to run at large therein, any dog of a ferocious or vicious charac- ter, habit or disposition, or which may be diseased in any man- ner, or any female dog, while such dog is in heat, whether such ferocious, vicious, diseased or female dog is licensed or not. And it shall be lawful for any person to capture, detain and deliver up to the proper authorities any of the dogs mentioned in this action, found running at large in the City of St. Paul. 268. Sec. 6. Muzzling. — The mayor, with the consent of the Common Council, may at any time make an order, requir- ing all dogs within the City of St. Paul, running at large, to be muzzled in a manner such order may prescribe; such order shall be published for three successive days in the official paper of said city, and after such publication, it shall be unlawful for any person to permit any dog, whether licensed <>r not, t<> rim at large within the City of St. Paul, without being securely muzzled, as provided in said order, until Mich order is revoked. 269. Sec. 7. Dog license inspector. — The mayor of the City of St. Paul is authorized and directed, immediatel) after the passage of this ordinance, to detail, for such time as he may deem necessary, a police officer to do dnt\ as a dog license inspector. It shall be tin- dut} of such inspector to make and Ide with the City Clerk, as -- »- »n a^ practicable after the firsl of August, L898, and annually thereafter, on or before the firsl day of July, an itemized report of the number, description and the names of tin- keepers or owners of all dogs within the City of St. Paul, and in each report, so rendered, after the firsl re port, hereinbefore provided for, such inspector shall giv< accounl ol hi- doings in connection with tin enforcement of 94 this ordinance. 1 1 shall also be the duty of such inspector, from time to time, to notify the owners or keepers of dogs, which may have been licensed under this ordinance, shortly before the expiration of any such license, of the fact of such expiration, and he shall see that after such license expires a new license is taken out, if such owner or keeper continues to own or keep such dog. Said inspector shall, in general, see that the provisions of this ordinance are carried out, and per- form such other duties in connection therewith as may be im- posed, from time to time, bv the mavor or the Common Coun- cil. 270. Sec. 8. Duty of police. — It shall be the duty of the police department and the police officers thereof to enforce the provisions of this ordinance, and particularly it shall be the duty of each police officer, from time to time, to report to the chief of police all dogs owned or kept within the district which said officer is assigned to patrol, and shall report in detail what dogs of those within such district are without licenses and tags, or are at large, contrary to the provisions of this ordi- nance. And such police officer shall have the right to make reasonable demand at any time of any owner or keeper of any dog, whether within his district or not, that he exhibit the tag and license for such dog, and it shall be unlawful for any such owner or keeper, on such demand, to refuse to exhibit such license or tag. 271. Sec. 9. Special pound masters. — The chief of police, under the direction and authority of the mayor, is hereby au- thorized to employ, from day to day, when he may deem it necessary, a sufficient number of men and teams, whose duty it shall be to capture and convey to the dog pound, and care for, kill and dispose of all dogs running at large, contrary to this ordinance. Such persons, so employe'd, shall act under the supervision of a police officer or officers, to be detailed by the mayor, to accompany such persons, while so capturing, conveying and disposing of such dogs, each of said men, so employed, to be paid at a rate of not to exceed two ($2) dol- lars per day, without a team and wagon, and not to exceed three ($3) dollars a day, with a team and wagon. Provided, that such chief of police shall not have any authority, under 95 this ordinance, to incur an indebtedness as herein provided in excess in the sum of two hundred ($200) dollars, without further authority from the Common Council. 272. Sec. 10. Captured dogs — How kept. — All dogs con- veyed to the dog pound shall be kept, with human treatment and sufficient food and water, at least three days, unless sooner reclaimed as herein provided. In case the owner, keeper or person rightfully in control of any dog before his capture shall desire to redeem such dog from the dog pound, such dog may be released from the dog pound upon the payment of such per- son of the sum of one ($1) dollar, which shall be for the de- fraying of expenses of keeping said dog so impounded, and upon the further payment of the regular license fee required for such dog. Said payments shall be made to the dog license inspector or to the person in charge of such pound, in return for which such person so entitled to receive said dog shall re- ceive from the dog license inspector or person in charge of said dog pound a receipt showing that such payments have been made, and upon which receipt, when presented to the city clerk, shall be issued a regular license and tag for such dog, 273. Sec. 11. Captured dogs — How killed. — At the expira- tion of three days from the time any dog is impounded, as herein provided, if the same has not been reclaimed in accord- ance with the provisions of the preceding sections, the dog license inspector shall cause such dog to be killed either by drowning or the use of gas, according to the most human and approved methods, as may be directed by the mayor, and the remains shall be sold or disposed of in thi' manner prescribed by the (A >mmAsi< mei i ii I tealth. Said dog license inspector or person in charge ■ ■ t the pound as aforesaid shall monthl) pa) over to the Cii\ Clerk all moneys received by him for reclaimed dogs and from the -ale of carcasses, or otherwise, and shall tile with said City Clerk an itemized monthly acCOUnl and report thereof. Said dog license inspector shall also, m his ■-aid monthly report, render an accounl of all dogs received al 'he pound and of all dogs killed or reclaimed therefrom. 96 274. Sec. 12. Dogs— Who bite — May be killed. — When- ever any dog within the City of St. Paul shall have bitten any person or animal, or shall have been reported to the Commis- sioner of Health as being diseased, or of a ferocious or vicious character, habit or disposition, whether said dog be licensed or not it shall be the duty of the dog license inspector, and he is hereby authorized, to take .such dog, whether licensed or not, to the dog pound and there keep the same for such time as said Commissioner of Health may direct for the purpose of enabling said Commissioner of Health to determine whether or not such dog is diseased ; and if said Commissioner of Health, after investigation, shall be of opinion that such dog is diseased in such manner or to such extent as to endanger the public health or safety, he shall cause said dog to be killed, after three days' notice of one publication in the official paper of St. Paul, and no diseased dog shall be killed until so ordered by said Commissioner of Health. 275. Sec. 13. No one to interfere. — No person shall in any manner interfere with or molest or hinder any person lawfully engaged in complying with or enforcing or attempting to en- force any of the provisions of this ordinance. 276. Sec. 14. Penalty for interference. — Whoever violates any of the provisions of this ordinance shall, on conviction thereof by the municipal court of said city, be punished by a fine of not exceeding twenty-five ($25) dollars, or by impris- onment for a period not exceeding fifteen (15) days. 277. Sec. 15. Fees — How to be paid over. — The City Clerk shall pay over monthly to the City Treasurer of the City of St. Paul all moneys received by him under the provisions of this ordinance, together with all other moneys received for the releasing of dogs from the dog pound as hereinbefore pro- vided, or received by the said license inspector, or from any other service whatsoever, provided for in this ordinance. 278. Sec. 16. Expenses of inspector. — All expenses in- curred in carrying out the terms of this ordinance and which are hereinbefore authorized to be incurred, shall be paid out of the sreneral fund of the Citv of St. Paul. 97 279. Sec. 17. Old ordinances repealed. — Ordinance No. 1922 as amended by Ordinance No. 1933, and Ordinance No. 1926, and all other ordinances and parts of ordinances incon- sistent herewith are hereby repealed. Sec. 18. This ordinance shall take effect and be in force from and after its passage and publication. (Ord. No. 199;, approved Aug. 5, 1898.) 280. Penalty for refusing to license or' for refusing to sur- render dog not licensed. — Any person owning or keeping any dog, male or female, which is permitted to run at Large, and refusing to pay the license therefor, as hereinabove provided, and refusing to surrender such dog to the person authorized to collect dogs upon which the license has not been paid, shall, upon conviction thereof, before the municipal court in said city, be fined in a sum not less than five dollars ($5) nor more than twenty-five dollars ($25). (Ord. Xo. 1819, approved May 31 3 1895, §7.) 281. Penalty for anyone except owner setting dogs at large. — All persons, except the owners, are hereby prohibited from opening any door or gate of any private premises for the pur- pose of setting any dogs at large, or otherwise enticing or enabling any dog to leave any private premises within which such dog may be, for the purpose of setting such dog at large ; and any person violating the provisions of this section shall, upon conviction thereof, be fined not less than five dollars ($5) nor more than twenty dollars ($20). (Id. § 8.) 282. Inconsistent ordinances repealed. — All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. 283. Penalty for refusing to deliver vicious dog to police. — It is hereby declared unlawful for the owner or keeper of an} vicious dog within the city to refuse to deliver the same up to any police officer whenever required for the purpose of being killed, and any owner or keeper of any dangerous or vicious dog who, after demand by a police officer, shall refuse or ne- glect to surrender the same for the purpose of being killed, shall, on conviction in the municipal court, he lined in ;i Mini 98 of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100). (Ord. No. 1120, approved April 16, 1889, § 1.) 284. Vicious dogs to be killed. — Any vicious or dangerous dog, upon being delivered up to any police officer under this ordinance, shall be killed by said officer, or by any police officer of this'citv. 285. Penalty for harboring dog which runs out and barks at any person, etc., or which disturbs the neighborhood at night. — It is hereby made a misdemeanor for any person, owner, or keeper to harbor, or maintain at any place within the limits of the City of St. Paul, any dog or clogs which shall run out and bark at any person, horse, or other passing object upon or along any street, highway, or other public ground within the limits of said city, or which, by its barking, howl- ing, whining, or other disagreeable noises by it or them made during the night time, disturb the people in the locality where owned, kept or maintained, and upon conviction before the municipal court of this city of being the owner, keeper, or person who maintains such dog or dogs above mentioned, shall be subject to a fine and fined by said court in a sum not less than five dollars ($5) nor more than twenty-five dollars ($25 I for the first offense, and of not less than fifteen dollars ($15) nor more than fiftv dollars ($50) for the second offense. (Id. §2.) DRUNKENNESS. 286. Penalty for appearing on streets or alleys while in a state of open and notorious intoxication. — Any person or per- sons who shall appear upon the streets or alleys of said city in a state of open and notorious intoxication shall be punished by a fine of not less than one dollar ($1) nor more than one hundred dollars ($100), or by imprisonment for not less than five (5) days nor more than ninety (90) days. (Ord. Xo. 1S55, approved Dec. 19. 1895, § 1.) 99 ELECTRIC WIRES (TELEGRAPH, TELEPHONE, ELECTRIC LIGHT)— CONDUITS, SUBWAYS. I See, also, Building Code and City Charter.) 287. Telegraph, telephone, electric light wires — Penalty for laying above city fire alarm wires, for refusing to remove when ordered, and for interfering with city fire alarm wires. — That any person or persons who shall hereafter lay any tele- graph, electric light, or telephone wires above the city fire alarm wires, or any manager, agent, or other person being in charge oi any telegraph, or telephone, or electric light line in said city who shall refuse to remove any telegraph, electric light, or telephone wire heretofore laid, on being requested s<» to do by the chief engineer of the tire department, or any per- son or persons who shall cut or in any manner whatever in- terfere with the city fire alarm wire, shall, on conviction, pay a fine bi not less than twenty-five dollars ($25) nor exceeding one hundred dollars ($100) for each offense. (Ord. Mo. 378, approved March 18, L884, § 1.) . 288. Fire alarm telegraph — Superintendent may remove obstructing wires. — Thai the superintendent of the fire alarm telegraph of the City of St. Paul be, and is hereby, authorized and empowered to remove any telegraph, telephone, or elec- tric light wire coming in contact with or endangering the Free and unobstructed working of the fire alarm system of said city. (I >nl. Xo. 378, approved .March Is. issi, § 1.) 289. Telegraph, telephone, electric light wires, poles, etc. — To be removed from certain streets, when — Overground sys- tem forbidden within certain limits. — Thai ever) compaii) or individual now or hereafter owning or operating an) telegraph or telephone, or electric lighl or power wires or cables, or the pole-, or appliances used in connection therewith, now lo< in or over any streets, alleys or public grounds in the City of St. Paul, included in tin streets hereinafter named, and in the territory bounded thereby, shall remove or cau removed, from above the surface of said streets, alleys and public grounds, or parts thereof, all such wires, poles, oi ap- pliances, on or before the firsl day "i Januar) . L891 ; and with- in the limits of said following described districl no person, in- 100 dividual, Company, or corporation shall hereafter have the right to construct, erect, or maintain any overground systepi of electrical wires whatsoever, viz: On both sides of the following streets and in the territory bounded thereby, viz: Commencing at the intersection of Broadway and Third street; thence north on Broadway to Sixth street; thence east on Sixth street to Kittson street ; thence north on Kittson street to Eighth street ; thence west on Eighth street to Wabasha street; thence south on Wabasha street to Seventh street; thence west on Seventh street to Fifth street; thence west on Fifth street to Third street; thence south and east on Third street to Broadway, the point of beginning. (Ord. Xo. 16:5, approved April 18, 1893, § 1.) 290. Poles, etc., within certain limits, forbidden after Jan. 1, 1897 — Exception — Remedy for neglect to remove. — It shall be unlawful for any person or company owning, operating or leasing electrical wires, to use or maintain any poles, brackets, or other devices for supporting such wires in any street, alley, or public ground in the City of St. Paul within the. limits as described in section one (1) of this ordinance, after the first day of January, 189-7, except as hereinafter expressly allow r ed; and in case of neglect or refusal on the part of any individual or company operating in said district to remove its poles and appliances therefrom within the time specified, it shall be the duty of the mayor of the City of St. Paul to order such poles and appliances cut down and removed, and the expense thereof charged against said individual or company owning or leas- ing the same. (Id. § 2.) 291. Underground wires, conduits, subways — Who may maintain. — Any person, company, or corporation now owning poles or operating electric wires in the district heretofore de- scribed by virtue of any ordinance of this city may, on filing with the City Clerk a written acceptance of all the terms of this ordinance and all the provisions therein contained, have the right to place such wires under ground in conduits or subways within the limits described by said ordinance and upon the terms and conditions herein stated, precedence being given in order of application. (Id. § 3.) 101 292. Same — Permission of Council — When necessary. — Any person, company or corporation who do not at the time of the passage of this ordinance own any poles or operate any wires in the district before mentioned must first obtain per- mission and authority from the Common Council before being- allowed any of the rights and privileges conferred by this ordi- nance. (Id. §4.) 293. Wires, poles, etc., to be removed from above surface of street, in what amounts and within what times. — Any person, company, or corporation now owning poles or operating elec- tric wires in the district heretofore described, by virtue of any ordinance of this city, shall remove, or cause to be removed, from above the surface of the streets, alleys, and public grounds of this city, all their wires, poles, or appliances in the following amounts and within the times following, to-wit: All the lines, wires, poles and appliances on at least two thousand (";?,< )<)<)) feet of streets or alleys in the year 1893, and for at least four thousand ( L,000) additional feet in the year 1894, and for at least six thousand (0,000) additional feet in the year 1895, and the balance on or before I an. 1. L897. (Id. § 5.) 294. Alleys, wires and poles in, above ground. — The city engineer may allow any company accepting the provisions oi this ordinance and operating thereunder the right to place wire- and poles above ground in alleys in such manner as lie may designate; the same to be used for distribution only, ami in »1 a- main lines. .1.1. §6.) 295. Conduits, subways — Manner of construction — Time for beginning and completing construction — Permission of council for additional conduits or subways. — The main con duits or subways herein authorized shall be laid in streets and avenues in a line parallel with the curb lines thereof and at such distances from the curbstom as shall not interfere with water, gas, and sewer pipes already in said streets and ave nnes, and all -aid conduits or subways -hall he constructed tinder the supervision of the city engineer oi the Cit) ol St. 102 Paul, and in snch part of streets or avenues as shall be desig- nated by snch officer, and all plans and details of said con- duit or subways in any street in the City of St. Paul shall be submitted and approved by such officer and filed in the office of the city engineer before any such conduit or subway shall be laid. The grantees herein, their successors, or assigns, shall commence the construction of such conduits or subways as they are hereby authorized to construct within six (6) months from the acceptance of this ordinance, and shall complete the construction thereof on or before Jan. 1, 1897, and shall not thereafter have any right to construct any new or additional conduit or subway except with the permission and authority of the Common Council. (Id. §7.) 296. Opening of street, etc. — Application — Permit — Regu- lations — Skilled workmen, when necessary. — Before opening any street, avenue, or alley, or any public place, the grantees herein, their successors and assigns, shall make application to the city engineer of the City of St. Paul, in writing, stating the place wdiere and the object for which such opening is to be made ; with said application allowed, the city engineer of the City of St. Paul shall issue a permit for doing said work, which permit must be kept on the ground in the possession of the contractor or foreman in charge of the work, and must be shown to any officer of the City of St. Paul as authority for opening such street, alley, avenue, or public place ; and in the opening and refilling of all the openings made as aforesaid, and in the relaying of pavements, and in all work necessary to complete the restoration of the street, pavements, sidewalks, or grounds, to an equally good condition as when disturbed, the said grantees herein, their successors or assigns, or their contractors, servants or employes, shall be under the super- vision of the city engineer of the City of St. Paul, or such other officer as he may designate for that purpose, and shall promptly comply with any orders of his in reference thereto. And in case of failure to comply with such order, the city may perfect the work ordered and the grantees shall pay therefor, and all of said work shall be done at the cost of said grantees, and the said grantees shall be refused permit to lay additional 103 wires until such cost is paid; nor shall any street, avenue, alley, or public place be allowed to remain open and incum- bered for a longer time than is necessary to execute the work for which the same has been opened, such period in no case to exceed ten (10) days, and in all cases where the work requires the exercise of skill, the said grantees shall employ none but skilled workmen for the execution of such work. (Id. § 8.) 297. Distribution of wires from conduits to buildings, etc., above ground, location and security of wires, safety of life and property, crossing street, etc. — Supervision and control of city engineer. — The distribution of wires from the conduits to buildings and other locations above ground shall be done in such manner as shall receive the approval of the city engineer of the City of St. Paul, and the making of the provisions for location and security of wires and the safety of life and prop- erty shall be under the control and direction of said city en- gineer, and in all cases where it is necessary to cross any street, avenue, alley, or public ground of the city for the pur- pose "i" distributing said wires, the crossing of such street, avenue, alley or public ground shall be made in such manner a- the city engineer of the City of St. Paul shall direct. (Id. § 9.) 298. Wires up sides or front of building, within certain limits — Regulations. — It shall he lawful for anv person, "i" '■any or c< rporation, usiuL; or operating electric win--- in ■•in; manner than by the use of poles or brackets to cafry the same up the side or front of any building within the limits hereinbefor* d< acribed, with the consenl of tin- owner thereof; provided, that such wire- or their Supports '-hall not extend over six a',) inches into any street, avenue, alley, or public ground within such limits; ami provided, that no win' or sup ports therefor -•hall cross the Front of an\ window or opening in such building. (Id. § L0.) 299. Connecting underground wires or conduits with side lines of streets. — Permission is hereby granted to an) person, company, or corporation controlling underground wire oi conduits to conned tin- same with the side lines of street by 104 using such space under sidewalks as may be necessary; pro- vided, that the consent of the adjoining owners is obtained, and the city is not held liable for damages therefor, and a permit is obtained from the city engineer for making any such connection, in the manner specified in section eight (8). (Id. §11.) 300. Conduit or subway to be altered or moved, when neces- sary for local improvement, etc. — Remedy for failure to com- ply. — Any person, company, or corporation so placing wires under ground in any street, avenue, alley, or public ground in said city, shall, where a local improvement is to be made, or where a sewer or water main is to be repaired or constructed in such a manner as will necessitate the moving or altering of any conduit or subway, upon written notice from the city en- gineer or the Common Council so to do, move or alter the same at its own expense so as to permit the construction or repairing of the improvement when ordered ; and should any such person, company or corporation fail to comply with such notice, such conduit or subway may be altered or moved by the City of St. Paul, and the cost or expense thereof recovered from said person, company, or corporation. (Id. §12.) 301. Companies other than company constructing conduit may use same — Conditions — Arbitration. — Any person, com- pany or corporation who shall construct an underground con- duit under this ordinance shall allow any other electric com- pany who shall have authority to go under ground to use their conduits and manholes upon reasonable terms and conditions, and in case they are unable to agree upon such terms and con- ditions, the same shall be determined by arbitration, as fol- lows : The company owning the conduit shall designate one arbitrator, any company now existing, or to be hereafter cre- ated or formed, desiring the use of any conduit, to appoint another, and these two to designate the third, and the decision of the majority of such arbitrators as to the conditions and terms of using such conduit shall be obligatory upon both parties, and shall constitute the terms and conditions upon which such applying companies shall enter and use such con- duit. Nothing herein contained shall be so construed as to 105 compel the grantees to surrender such space in its conduits as is necessary for its own business, and in no event to any company using a stronger electric current, which would im- pair the efficiency of the present company, the question of in- terference to be decided by arbitration as above provided. (Id. § 13.) 302. Telegraph patrolmen — Conduit companies may desig- nate employes — Authority to enter premises — Badge — Only person designated to wear badge, enter premises, etc. — Patrol- men not to interfere with wires, conduits, etc., of other com- panies, without authority. — All persons or companies owning or operating underground wires, cables, or conduits under the provisions of this ordinance may designate such of their em- ployes as they may desire to be telegraph patrolmen. Such employes shall have authority to enter with the consent of the owner, agent, or occupant, any building, alleyway or other private place for the purpose of placing, extending, or repair- ing any wires, cables, conduits, or other fixtures pertaining to the underground electric service; and such persons shall, when in the discharge of their duties, wear in a conspicuous place a badge on which shall be printed or engraved the words "St. Paul Telegraph Patrol," with the name of the person or com- pany by whom employed. And no person except those thus designated shall wear such badge or seek to enter any private place under pretense of being employed on such service, and no authorized telegraph patrolman shall in any way alter, remove, or interfere with the wires, cables, conduits or ti\ tures of any person or company other than thai in whose em ploy he may he, without proper authority from the owner or a mm thereof. i Id. 1 14.) 303. Liability as to nuisance or injury arising from sub- ways or conduits — Damage, city not to be liable for. — Nothing in this ordinance shall be so contrued as to absolve said grantees, their successors, or assigns, from an) legal liability or proceedings to restrain or abate am nuisance arising from the const me t ion or i >pera1 ion of said conduits or subways, ii. it from any liability from injury i" person or propert) resulting from the negligence of the grantees herein, their successoi ■ '! 10G assigns, or their contractors, servants, or employes, in con- struct ins;- or operating said subways, or to render the said City of St. Paul liable to any person or corporation for any damage caused by the construction or operation of said conduits or subways by the grantees herein, their successors, or assigns; and said grantees, their successors and assigns, shall protect and save the City of St. Paul harmless from any suit or claim for injuries or damages arising from their negligence, or that of their contractor or servants or employes, in the construc- tion or operation of said conduits or subways. (Id. § 15.) 304. Grantees to comply with ordinances and police regula- tions — Penalty for failure to comply. — The grantees herein, their successors, and assigns, shall at all times be subject to and comply with all the ordinances of the City of St. Paul now in force, or that may be hereafter passed, governing the use of and occupancy of streets of said city, subject only to the limitations herein provided, and shall comply with all police regulations now in force or hereafter enacted ; and should said grantees, or their successors or assigns, at any time fail or refuse to obey and comply with any of the provisions herein contained or hereafter enacted, subject to the limitations above, then said grantees, their successors or assigns, shall forfeit all right, power, and privileges by this ordinance grant- ed and conferred. (Id. §16.) 305. Bond of grantees. — That, before the construction of said conduits and subways, the grantees herein, their succes- sors or assigns, shall execute to the City of St. Paul a bond, in the sum of twenty thousand dollars ($20,000), conditioned that said grantees, their successors, and assigns, shall indemnify and save the City of St. Paul harmless against all suits, dam- ages, costs and expenses that shall in any way result to the city from the laying, relaying or using of said conduits or manholes, or the wires therein. Said bond shall be signed by two (2) or more good and sufficient sureties, to be approved by the city comptroller, who shall report to the common council at least once a year as to the liability of the said sureties, and should the common council of the City of St. Paul, by resolu- 107 tion, deem the sureties on said bond insufficient at any time during the continuance of this franchise, the grantees herein, their successors, or assigns, shall, within thirty (30) days after notice of said resolution has been served upon the proper officer or person in charge of the construction or operation of said conduits or subways, file a new bond with good and sufficient sureties as above provided. ( Id. § 17.) 306. Acceptance of ordinance by grantees. — The said grantees, their successors and assigns, shall, within sixty (60) days from the passage and approval of this ordinance, file with the City Clerk an acceptance, in writing, of the terms and con- ditions herein named, which written acceptance shall be in such form as may be satisfactory to the corporation attorney . who shall endorse thereon his approval of the form thereof, and no person, company, or corporation shall acquire any rights under this ordinance until such acceptance be filed with the Citv Clerk as aforesaid. (Id. § 18.) 307. St. Paul City Railway's necessary wires and poles ex- cepted from operation of ordinance. — All electric wires and poles necessarily used by the St. Paul City Railway Company, or its assigns, in the operation of its street car lines, are hereby excepted from the operation of this ordinance. (Id. § W.) 308. Rights under ordinance granted for thirty years. — The rights and franchises herein granted are granted for thiri\ (30) years from the passage of this ordinance, and no longer. (Id. §20.) 309. Edison Electric Light and Power Company, North- western Telephone Exchange Company — Section 5 of ordi- nance not to apply to. — The provisions of section five (5) shall not apply to the Edison Electric Llghl and Power Company, and the Northwestern Telephone Exchange Company. (Id. §21.) This ordinance shall tak< and be in force from after it- passage and appr< » al. i Id. § v 108 310. An Ordinance relating to electric wires and wiring in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Churches, theaters, etc. — That all wiring' for elec- tric lights or power hereafter installed in churches, theaters and other places used for public gatherings in the City of St. Paul shall be installed in suitable metal conduits to be ap- proved by the Electrical Inspector of said city, and all such wires installed in unfinished basements shall be likewise placed in similar conduits, unless a different method of installation is first approved and permitted by said Electrical Inspector. 311. Sec. 2. Penalty. — Any person who shall violate any of the terms or requirements of this ordinance shall, upon con- viction thereof, be punished by a fine of not more than fifty dollars, or by imprisonment for not more than ten days for each offense. Sec. 3. This ordinance shall take effect and be in force from and after its passage, approval and publication. (Ord. No. 2546, approved Dec. 22, 1905.) ELECTION DISTRICTS. 312. First ward divided into eleven districts — District boundaries. — The First ward of the City of St. Paul is hereby divided into eleven (11) election districts, as follows: The first election district shall be bounded as follows, viz : Commencing at the point where the center line of Mississippi street intersects the center line of Grove street; thence east along the center line of Grove street to a point where the center line of Grove street intersects the center line of the right of way of the Great Northern Railway Company ; thence northwester- ly along the center line of said right of way to a point of inter- section with the center line of Lafayette avenue ; thence south- westerly along the center line of Lafayette avenue to its point of intersection to the center line of Waverly place produced easterly ; thence westerly along the center line of WaVerly place to the center line of John street; thence north on the center line of John street to the center line of the alley through blocks one (1) and two (2) of Patterson's Addition; thence 109 west along the center line of said alley to Pine street ; thence -west along the center line of Nash street to its intersection with Mississippi street : thence south on said center line of Mississippi street to the place of beginning. The second election district in said ward shall consist of all that portion of said ward lying east of the said first election district and south of the line which is the center line of Lafay- ette avenue from its point of intersection with the center line of the right of way of the Great Northern Railway Company : running thence northeasterly to the point of intersection of said center of Lafayette avenue with the center line of Col- lins street ; thence easterly along the center line of Collins street and Collins street extended in a straight line to the right of way of the St. Paul & Duluth Railroad. The third election district of said ward shall consist of all that portion of said ward lying south of the center line of Minnehaha street, east of the center lines of the right of way of the Chicago, St. Paul, Minneapolis & Omaha Railroad and the Great Northern Railway Company, and north of the sec- ond election district of said ward. The fourth election district of said ward shall consist of all that portion of said ward lying south of the center line of Minnehaha street and west of the third election district and north of the first election district as the said first and third election districts are herein described. The fifth election district of said ward shall consist of all that portion of said ward lying north of the center line of Minnehaha street and west of the center line of Kdgerton street and south of the center line of York street. Tin- sixth election district of said ward shall consist of all that portion of said ward which is bounded by the center lines of Kdgerton street, Sims street, Greenbrier avenue, the right of way 'of the St. Paul & I 'ninth Railroad Company, and Min- nehaha street. The seventh election district of said ward shall consist ol all that portion Of said ward hounded on the north h\ the center line of Jessamine street, on the easl by the center line ,,!" \nade street. On the SOUth h\ the center hue of the II.- Ill of way of the St. Paul & I 'ninth Railroad Company, and on the wesl by the center line of Greenbrier avenue. 110 The eighth election district of said ward shall consist of all that portion of said ward bounded on the north by the center line of Jessamine street, on the west by the center line of Arcade street, on the south, east and southeast by the center line of the right of way of the St. Paul & Duluth Railroad Company. The ninth election district of said ward shall consist of all that portion of said ward bounded on the tast by the east- ern boundary of said ward, on the south by the center line of Jessamine street, on the west by the center line of Edgerton street, and on the north by the northern'boundary of said ward. The tenth election district of said ward shall consist of all that portion of said ward bounded on the north by the center line of Jessamine street, on the east by the center line of Greenbrier avenue, on the south by the center line of Sims street, and on the west by the center line of Edgerton street. The eleventh election district of said ward shall consist of all that portion of said ward bounded on the north by the northern boundary of said ward, on the east by the center line of Edgerton street, on the south by the center line of York street, and on the west by the western boundary of said ward. . (Ord. Xo. 1740, approved March 8, 1891, § 1.) 313. Second ward divided into eleven districts — District boundaries. — The Second ward is hereby divided into eleven (11) districts, as follows: All that portion of said ward lying south of the center lines of Plum and Birch streets and west of the center line of Eng- lish street, and English street extended south in a straight line to the Mississippi river shall constitute the first election dis- trict of said ward. All that portion of said ward lying north of the center line of Plum street, west of the center line of Maple street and south of the center line of East Third street shall constitute the second election district of said ward. All that portion of said ward lying north of the center line of East Third street, west of the center line of Maple street and south of the center line of East Seventh street, shall con- stitute the third election district of said ward. Ill The fourth election district of said Second ward shall con- sist of all that portion of said ward bounded by the center lines of Maple street, East Seventh street, Mendota street and Hud- son avenue. All that portion of said ward lying south of the center line of Minnehaha street and north of the center line of East Sev- enth street shall constitute the fifth election district of said ward. All that portion of said ward lying- north of the center line of Minnehaha street and west of the center line of Mendota street shall constitute the sixth election district of said ward. All that portion of said ward lying north of the center line of Minnehaha street, east of the center line of Mendota street, and west of the center line of English street, shall constitute the seventh election district of said ward. The eighth election district of said ward shall consist of all that portion of said ward bounded by the center lines of Minnehaha street, English street, Birch street and Cypress street. All that portion of said ward lying east of the center line of English street, and north of the center line of Birch street, from English street to the Hudson road, and north of the center line of the Hudson road, from Birch street easterly to the city limits, shall constitute the ninth election district of said ward. Tin- eleventh district of said ward shall consist of all that portion of said ward hounded by the center lines of Minnehaha street, Cypress street, Birch street, Maple street, Hudson ave- nue and Mendota street. All the remaining portion of said ward shall constitute the tenth election districl of said ward. << >rd. Xo. 1 lii:>. approved Sept. L6, L890, § 1.) 314. Third ward divided into eight districts — District boundaries. — The Third ward is hereby divided into eighl (8) elect i< >n dist riCtS, as [< >U0WS : All that portion of said ward lying south of the center line of Sixth street, and west of the center line of Broadway, shall constitute the firsl election district of said ward 112 All that portion of said ward lying south of the center line of East Seventh street, east of the center line of Broad- way, and west of the center line of John street, shall constitute the second election district of said ward. All that portion of said ward lying south of the center line of East Seventh street, and east of the center line of John street, shall constitute the third election district of said ward. All that portion of said ward lying north of the center line of East Seventh street, and east of the center line of John street, shall constitute the fourth election district of said w T ard. All that portion of said ward lying west of the center line of John street, north of the center line of East Seventh street, and east of the center line of Broadway, shall constitute the fifth election district of said ward. All that portion of said ward lying south of the center line of Eighth street, north of the center line of East Sixth street, and west of center line of Broadway, shall constitute the sixth election district of said ward. All that portion of the remainder of said ward lying west of the center line of Broadway, north of the center line of Eighth street, and south of the center line of Tenth street, shall constitute the seventh election district of said ward. All of the remaining portion of said w^ard shall constitute the eighth election district of said ward. (Id.) 315. Fourth ward divided into twelve districts — District boundaries. — The Fourth w-ard is hereby divided into twelve (12) election districts, as follows: All that portion of said ward lying south of the center line of West Fifth street, east of the center line of Fort street, and west of the center line of Washington street, shall constitute the first election district of said ward. All that portion of said w r ard lying south of the center line of West Seventh street, east of the center line of Washing- ton street, and west of the center line of Wabasha street, shall constitute the second election district of said ward. All that portion of said ward lying south of the center line of East Fifth street, and east of the center line of Wabasha street, shall constitute the third election district of said ward. 113 All that portion of said ward lying" north of the center line of East Fifth street, south of the center line of Eighth street. and east of the center line of Minnesota street, shall constitute the fourth election district of said ward. All that portion of said ward lying north of the center line of East Fifth street, west of the center line of Minnesota street, south of the center line of Eighth street, and east of the center line of Wabasha street, shall constitute the fifth election district of said ward. All that portion of said ward lying north of the center line of West Fifth street, and south of the center line of West Ninth street, and east of the center line of Fort street, which is bounded on the east by a line which is the center line of Wabasha street, from its point of intersection with the center line of West Ninth street to its point of intersection with the center line of West Seventh street; thence westerly along the center line of West Seventh street to its point of intersection with the center line of Washington street; thence southerly along said center line of Washington street to its point of in- tersection with the center line of West Fifth street, shall con- stitute the sixth election district of said ward. The seventh election district of said ward shall consist of all that portion of said ward which lies to the west of a line described as follows: Commencing at a point where the cen- ter line of Rice street intersects the center line of Summit ave- nue ; thence southeasterly along said center line of Rice Street to the center line <>f West Tenth street; thence southeasterly along the center line of West Tenth street to its point of inter section with tin- center line of Fort street; thence southerly along said center line of Fori streel to the southwestern boundary of said ward. All that portion of said ward which lies west of tin- center line of Wabasha street, north of the center line of W esl Ninth street, easl of the center line of St. Peter street, and south of tin center line of Summit avenue, shad constitute the twelfth election distrid of said ward. All that portion of said ward which lies wesl of the center line of St. Peter street, north of the center line of W esl Ninth strnt. and east of the seventh election district, hereillbi 114 described, shall constitute the eighth election district of said ward. All that portion of said ward bounded on the north by the center line of Eleventh street, on the south by the center line of Eighth street, and on the east by the center line of Minnesota street, and on the west by the center line of Wabasha street, shall constitute the ninth election district of said ward. All that portion of said ward lying south of the center line of Eleventh street, north of the center line of Eighth street, and east of the center line of Minnesota street, shall constitute the tenth election district of said ward. All the remaining portion of said ward lying northeast of the center line of Wabasha street shall constitute the eleventh election district of said ward. (Id.) 316. Fifth ward divided into fourteen districts — District boundaries. — The Fifth w r ard is hereby divided into fourteen . (14) election districts, as follows: All that portion of said ward lying south of the center line of West Seventh street, and east of the center line of Walnut street shall constitute the first election district of said w : ard. All that portion of said ward lying north of the center line of West Seventh street, and east of the center line of Walnut street, shall constitute the second election district of said ward. All that portion of said ward lying south of the center line of West Seventh street, west of said first ejection district, east of the center line of Wilkin street, and north of the center line of Goodrich avenue extended in a straight line from the center line of Wilkin street east to the Mississippi river, shall con- stitute the third election district of said ward. All that portion of said ward lying north of the center line of West Seventh street, west of the center line of Walnut street, and north of the center line of Ramsey street, shall con- stitute the fourth election district of -said ward. The fifth election district of said ward shall consist of all that portion of said ward which is bounded as follows : Com- mencing at the center line of W T est Seventh street at its point of intersection with the center line of Wilkin street produced 115 northerly; thence southwesterly along said center line of West Seventh street to its point of intersection with the center line of Goodrich avenue ; thence easterly along said center line of Goodrich avenue to the center line of Smith avenue ; thence southerly along the center line of Smith avenue to the Missis- sippi river; thence northeasterly along the Mississippi river to a point where the center line of Goodrich avenue extended in a straight line east would touch said river; thence westerly along said center line of Goodrich avenue extended as afore-, said to the center line of Wilkin street; thence northerly along the center line of Wilkin street to the place of beginning. All that portion of said ward lying west of the center line of West Seventh street, south of the center line of Ramsey street, and north of the center line of Goodrich avenue, shall constitute the sixth election district of said ward. The seventh election district of said ward shall consist of all that portion thereof which is bounded as follows: Com- mencing at the point of intersection of the center line of West Seventh street with the center line of Goodrich avenue; thence southwesterly along said center line of West Seventh street to the center line of Western avenue; thence southerly along said center line of Western avenue and Western avenue ex- tended south in a straight line to the Mississippi river; thence northeasterly along the Mississippi river to the center line of Smith avenue ; thence northerly along the center line of Smith avenue to the center line of Goodrich avenue; thence westerly along the center line of Goodrich avenue to the place of be- ginning. All that portion of said ward lying on the west side of (he i i titer line of West Seventh street, south of the center line of Goodrich avenue, and north of the center line of St. Clair Street, shall constitute the eighth election district of said ward. All that portion of said ward lying south of the renter line of West Seventh street, west of the center line of We avenue, and Western avenue extended south in a straighl line to the Mississippi river, and east of the center line of I Mike street, and Duke street extended south in a straight line to the Mississippi river, shall constitute the ninth election dis- trict of said ward. 116 All that portion of said ward which is bounded by the center lines of St. Clair street, West Seventh street and Toron- to avenue shall constitute the tenth election district of said ward. All that portion of said ward which lies west of the center line of Duke street, from West Seventh street south to the .Mississippi river, north of the Mississippi river, and bounded on the west and north as follows: Beginning at a point where the center line of Drake street extended due south in a straight line would touch the Mississippi river ; thence north along said center line of Drake street and Drake street extended as aforesaid to the center line of Randolph street ; thence west along the center line of Randolph street to the center line of West Seventh street ; thence northeasterly along the center line of West Seventh street to the center line of Duke street, shall constitute the eleventh election district of said ward. All that portion of said ward bounded on the east by the center line of Toronto avenue, on the north by the center line of St. Clair street, on the west by the center line of Victoria street, and on the south by the center line of West Seventh street, shall constitute the twelfth election district of said ward. All of the remaining portion of said ward not hereinbefore described which lies to the south of the center line of West Seventh street shall constitute the thirteenth election district of said ward. And all the remaining portion of said ward shall consti- tute the fourteenth election district of said ward. (Id.) 317. Sixth ward divided into thirteen districts — District boundaries. — The Sixth ward of the City of St. Paul is hereby divided into [thirteen (13)] election districts, as follows: The second, third, fourth, fifth, sixth, seventh, eighth, twelfth and thirteenth election districts of the Sixth ward of the City of St. Paul shall be and remain as the same are now established by ordinance. The first election district of the Sixth ward shall consist of all that portion of said ward bounded by a line described as follows: Commencing at the intersection of the center line of 117 Walter street and the Mississippi river ; thence southeasterly along the center line of Walter street to its intersection with the center line of Channel street ; thence easterly along the center line of Channel street to its point of intersection with the center line of South Wabasha street ; thence southerly along the center line of South Wabasha street to its point of intersection with the north line of Isabel street ; thence west- erly along the north line of Isabel street to the southeast cor- ner of block thirty-two (32) of West St. Paul proper; thence northeasterly along the southeasterly boundary of said block thirty-two (32) to the northeasterly boundary, of said block; thence in a straight line to the southeasterly corner of block twenty-five (25) of W r est St. Paul proper; thence northerly along the easterly boundary of said block to the northeast corner of said block ; thence in a straight line to the south- easterly corner of lot twenty-three (23) of Prcscott's addition to St. Paul; thence northwesterly along the northeasterly and northerly boundary of lots twenty-three (23), twenty-four (24) and twenty-five (25) of said Prescott's addition; thence northerly to the northeasterly corner of lot twenty-six (26) of said Prescott's addition; thence northwesterly to the north- west corner of lot twenty-eight (28) of said Prescott's addi- tion ; thence in a straight line to the southeasterly corner of block seven (7) of West St. Paul I 'roper; thence westerly along the southerly boundary of blocks seven (7), eight (8) and nine (9) of said West St. Paul to the southwest corner of said block nine (9); thence in a straignt line to the center of Bellows street; thence south along the center line of I'ellows street to the intersection of Isabel street: thence westerly along the center line of Isabel street to the top edge of the bluff; thence along the top edge of the bluff in a southwesterly direction to the south city limits; thence westerly along the south city limits to the Mississippi river; thence northeaster^ along the Mississippi river to the place of beginning. All thai portion of said ward which lies north bf the ceil ter line of Chicago avenue, easl of the first election district, as lasl hereinbefore described, and west of the center hue of South Robert street, shall constitute the second election dis trie) of said ward. 118 The third election district of said ward shall consist of all that portion of said ward which lies east of the center line of South Robert street, west of the center line of State street, and north of the center line of Chicago avenue from its point of intersection with the center line of South Robert street, easterly to its point of intersection with the center line of State street. The fourth election district of said ward shall consist of all that portion of said ward which lies east of the center line of State street and north of the center line of Delos street, produced east and west in a straight line. All that portion of said ward which is bounded on the north by the third election district, and on the east by the fourth election district, as herein described, on the south by the right of way of the Chicago, St. Paul & Kansas City Rail- road, and on the west by the center line of South Robert street, shall constitute the fifth election district of said ward. All that portion of said ward bounded on the north by the center line of Chicago avenue, on the east by the center line of South Robert street, on the south by the center line of Isabel street, and on the west by the first election district, as herein described, shall constitute the sixth election district of said ward. All that portion of said ward which is bounded on the north by the fifth election district, and on the east by the fourth election district, as herein described, on the south by the center lines of George and Concord streets, and on the west by the center line of South Robert street, shall constitute the seventh election district of said ward. All that portion of said ward which is bounded by the center lines of Concord street, South Robert street and Page street, shall constitute the eighth election district of said ward. The ninth election district of said ward shall consist of all that portion of said ward bounded as follows: Commencing at the point where the center line of South Robert street in- tersects the center line of George street ; thence along the cen- ter line of George street to the intersection of the center line of Bellows street ; thence northerly along the center line of Bellows street to the south line of Prospect Terrace ; thence in a straight line to the southwest corner of block nine (9), 119 West St. Paul Proper; thence easterly along the southerly boundary of blocks nine (9), eight (8) and seven (7) of West St. Paul PVoper to the southeast corner of said block seven (7) ; thence in a straight line to the northwest corner of lot twenty-eight (28) of Prescott's addition; thence southeast- erly in a straight line to the northeast corner of lot twenty-six (26) of said Prescott's addition; thence south in a straight line to the northwest corner of lot twenty-five ( 25 ) of said Prescott's addition ; thence easterly and southeasterly along the northerly and northeasterly boundary line of lots twenty- live (25), twenty-four (24) and twenty-three (23) of said Prescott's addition to the southeast corner of said lot twenty- three (23) ; thence in a straight line to the northeast corner of block twenty-five (25) of AYest St. Paul Proper; thence southerly along the eastern boundary of said block twenty- five (25) to the southeast corner of said block twenty-five (25); thence in a straight line to the northeastern corner of block thirty-two (32) of said West St. Paul Proper; thence southwesterly along the southeasterly boundary of said block thirty-two i :'r> ) to the southeast corner of said block thirty-two (32); thence easterly along the northerly line of said Isabel street to the intersection of the center line of said Robert Streel : thence southerly along the center line of South Robert street to the place of beginning. The tenth election district of said ward shall consist of all that portion of said ward lying south of the first and ninth election districts as hereinbefore described, and west ,<\ the ninth and eleventh election districts as hereinbefore described. The eleventh election district of the Sixth ward shall con- sist of all that portion of said ward hounded as follows: < Mi the easl by the center line of South Roberl streel ; on the north by the center line of George streel : on the wesl by the center line of Bidwell street, and on the south by the south city limits. All the remaining portion of said ward, bounded on the north by the center line of Page street, on the easl 1>\ the center line ol Concord street, and on the wesl by the center line of South Roberl 9treet, shall constitute the twelfth ele< Hon districl of said ward. The thirteenth election districl shall consisl of all thai portion of the Sixth ward which lies south ol the fourth dis- •120 trictj as hereinbefore described, and east of a line described as follows: Beginning on tbe center line of Concord street, at tbe southern boundary of tbe ward; thence northwesterly along said center line of Concord street to the center line of Ada street ; thence northerly along the center line of Ada street to tbe right of way of the Chicago, St. Paul & Kansas City Railroad; thence northwesterly along said right of way to tbe center line of Delos street produced east and west in a straight line. (For Districts 1, 9, 10, 11, see Ord. Xo. 1740, approved March 8, 1804, § 3 ; for Districts 2, 3, 4, 5, 6, 7, 8, 12, 13, see Ord. Xo. 1409, approved Sept. 16, 1890. § 1, and Ord'. Xo. 1740, approved March 8, 1894, § 3.) 318. Seventh ward divided into eight districts — District boundaries. — The Seventh ward is hereby divided into eight (.8) election districts, as follows: All that portion of said ward lying north of the center line of Selby avenue and east of the center line of Arundel street shall constitute tbe first election district of said ward. All that portion of said ward lying south of the center line of Selhy avenue and east of the center line of Arundel street, from Selby avenue to the center line of Summit ave- nue, and east of the center line of Lawton street from the center line of Summit avenue to the center line of Pleasant avenue, shall constitute the second election district of said ward. All that portion of said ward lying south of the center line of Summit avenue and between the center lines of Law- ton and Victoria streets shall constitute the third election district of said ward. Tbe fourth election district of said ward shall be bounded on the north by tbe center line of Selby avenue, on the south by the center line of Summit avenue, on the east by the center line of Arundel street, and on the west by the center line of Dale street. All that portion of said ward lying north of the center line of Selby avenue, west of the center line of Arundel street and east of the center line of Dale street, shall constitute the fifth election district of said ward. 121 All that portion of said ward lying west of the center line of Dale street and north of the center line of Selby avenue shall constitute the sixth election district of said ward. All that portion of said ward lying south of the center line of Selby avenue, west of the center line of Dale street and north of the center line of Summit avenue shall constitute the seventh election district of said ward. All that portion of said ward lying south of the center line of Summit avenue and west of the center line of Victoria street shall constitute the eighth election district of said ward. (Ord. No. 1409, approved Sept. 16, 1890, §1.) 319. Eighth ward divided into fifteen districts — District boundaries. — The eighth ward of the City of St. Paul is hereby divided into sixteen (16) election districts, as follows: The first election district of said ward shall consist of all that portion of said ward lying south of the center line of Carroll street. The second election district of said ward shall consist of all that portion of said ward bounded on the south by Carroll street, on the east by Louis street, on the north by Martin street, and on the west by Western avenue. The third election district of said ward shall consist of all that portion of said ward bounded on the south by Car- roll street, on the east by Western avenue, on the north by Martin street, and on the wesl by Lexington avenue. The fourth election district of said ward shall consist of all that portion of said ward hounded on the south by Martin street, ,, n the east hy Western avenue, on the north by Uni versity avenue and on the west by Lexington avenue. The fifth election district of said ward shall eonsist of all that portion of said ward bounded on the south by Martin street, on the east hv Rice street, on the north by University avenue, and on the west hy Western avenue. The sixth election districl of said ward shall consist of all that portion of said ward bounded on the south by I ni ■} avenue, on the easl by Rice street, on the north l>\ Edmund street, and on the wesl l>\ Western avenue. The seventh election district of aid want shall consist ,,f all that portion of said ward bounded 'Mi the south b) l ni 122 versity avenue, on the east by Western avenue, and on the north by Charles street, and on the west by Lexington ave- nue. The eighth election district of said ward shall consist of all that portion of said ward bounded on the south by Charles street, on the east by Kent street, on the north by Lafond street, and on the west by Lexington avenue. The ninth election district of said ward shall consist of all that portion of said ward bounded on the south by Edmund street, on the east by Rice street, and on the north by the center line of the right of way of the St. Paul, Minneapolis & Manitoba Railway Company, and on the west by Western avenue. The tenth election district of said ward shall consist of all that portion of said ward bounded on the south by Lafond street, on the west by Dale street, on the east by Western avenue and on the north by the Great Northern Railway Com- pany's tracks. (As amended by Ord. No. 2466, approved Aug. 22, 1904.) The eleventh election district of said ward shall consist of all that portion of said ward bounded on the south by the center line of the right of way of the St. Paul, Minneapolis & Manitoba Railway Company, on the east by Rice street, on the north by Front street, and on the west by Western avenue. The twelfth election district of said ward shall consist of all that portion of said ward bounded on the south by Front street, on the east by Rice street, on the north by Minneapolis, avenue, and on the west by Western avenue. The thirteenth election district of said ward shall consist of all that part of the old thirteenth election district as now bounded and described which lies northerly of the Great Northern Railway tracks. The fourteenth election district of said ward shall consist of all that portion of said ward bounded on the south by Charles street, on the east by Western avenue, on the north by Lafond street, and on the west by Kent street. The fifteenth election district of said ward shall consist of all that portion of said ward bounded on the south by Carroll street, on the east by the eastern boundary of said ward, on the north by Martin street, and on the west by Louis street. 123 All that portion of said ward bounded on the south by Lafond street, on the west by Lexington avenue, on the east by Dale street and on the north by the Great Northern Rail- way tracks, shall constitute and be a new election district to be known as the sixteenth election district of said ward. (As amended by Ord. No. 2466, approved Aug. 22, 1904.) (Ord. No. 1740, approved March 8, 1894, §2.) 320. Ninth ward divided into thirteen districts — District boundaries. — The Ninth ward is hereby divided into thirteen (13) election districts, as follows: All that portion of said ward lying to the west of the cen- ter line of "Wabasha street and south of the center line of Central avenue shall constitute the first election district of said ward. All that portion of the said ward lying to the east of the center line of Wabasha street, south of the center line of University avenue, and west of the center line of Jackson street, shall constitute the second election district of said ward. All that portion of said ward lying to the east of the cen- ter line of Jackson street, south of the center line of University avenue and west of the center line of Canada street shall constitute the third election district of said ward. The fourth election district of said ward shall consisl of all that portion thereof which is bounded on the west b) the center line of Canada street, and on the north by the following described line, vi/: Commencing on the center line of Uni- versity avenue at the poinl when' it intersects the center line "t Canada street: running thence northeasterly along said center line of University avenue to the center line of Broad- way; thence northwesterly along the center line of Broadway to the center line of Mount \irv street ; thence easterly along the -aid center line of Mount Airy street to the center line of Mississippi street. Tin- lifth election districl of said ward shall consisl of all that portion thereof which is bounded as follows: CommenC ing on the center line of Canada streel at ita poinl of in ion with the aenter line of University avenue; thence northwesterly along said center line of Canada streel to the 124 center line of Valley street; thence westerly to the center line of Linden street; thence northerly along the center line of Linden street to its intersection with the center line of Arch street ; thence southwesterly along the center line of Arch street to the center line of Mount Vernon street; thence northwesterly along the center line of Mount Vernon street to the center line of Pennsylvania avenue ; thence easterly along the center line of Pennsylvania avenue to Ash street ; thence northeasterly along the center line of Ash street to the center line of Minnehaha street; thence easterly along the center line of Minnehaha street to the center line of Missis- sippi street ; thence southerly along the center line of Missis- sippi street to the center line of Mount Airy street ; thence westerly along the center line of Mount Airy street to the center line of Broadway street; thence southeasterly along the center line of Broadway street to the center line of University avenue ; thence southwesterly along the center line of Uni- versity avenue to the place of beginning. All that portion of said ward lying north of the center -line of University avenue, east of the center line of Brewster avenue, south of the center line of Minnehaha street, and west of the thirteenth election district as herein described shall con- stitute the sixth election district of said ward. All that portion of said ward lying north of the center line of University avenue, south of the center line of Min- nehaha street and west of the center line of Brewster avenue, shall constitute the seventh election district ot said ward. All that portion of said ward lying north of the center line of Minnehaha street, south of the center line of Manitoba avenue, and west of the center line of Sylvan street, shall con- stitute the eighth election district of said ward. All that portion of said ward which lies to the east of the center line of Sylvan street, north of the center line of Min- nehaha street and south of the center line of Lawson street, from Sylvan street to Cortland street, and south of the center line of Cayuga street, from Cortland to Mississippi street, shall constitute the ninth election district of said ward. All that portion of the said ward lying north of the center line of Cayuga street and east of the center line of Cortland street shall constitute the tenth election district of said ward. 125 The eleventh election district of said ward shall consist of all that portion of said ward which lies west of the center line of Cortland street and north of a line described as fol- lows: Beginning at the center line of Rice street where it is intersected by the center line of Manitoba avenue ; thence easterly along the center line of Manitoba avenue to the cen- ter line of Sylvan street ; thence north along the center line of Sylvan street to the center line of Lawson street; thence east along the center line of Lawson street to the center line of Cortland street. The twelfth election district shall consist of all that por- tion of said ward lying west of the center line of Wabasha street and north of the center line of Central avenue. The thirteenth election district shall consist of all that portion of said ward lying west of the fifth election district as herein described, east of the sixth election district as herein described, north of the center line of University avenue, and south of the center line of Minnehaha street. (Ord. Xo. 1409, approved Sept. 16, 1890, § 1.) 321. Tenth ward divided into five districts — District boundaries. — The Tenth ward is hereby divided into five election districts, as follows: All that portion of 'said ward lying east of the center line of Snelling avenue shall constitute the firsl election dis- trict of said ward. All that portion of said ward lying west of the center line of Snelling avenue and easl of a line described as follows: Beginning ai a point where the center line of Prior avenue intersects University avenue; thence north on center line oi Prior avenue to center line of Territorial Road; thence west enter line of Territorial road to east line of righl of way of Minnesota Transfer Railway Company; thence north along said «ast line of said righl of wa\ and said righl of wa\ pro duced to the righl of way of the Greal Northern ($t. Paul, Minneapolis & Manitoba) Railwa) line; thence easl along said lasl mentioned righl of wa\ to the center line of Prior avenue; thence northeasl along the center line ol Prior ave nue to north city limits, shall constitute the second election • list rid I if said w aid. 126 That the second election district of the Tenth ward, as the same is now bounded and described, be and the same is hereby divided into two election districts as follows : All that part of said election district as now bounded and de- scribed, which lies easterly of the center line of Fairview ave- nue shall constitute and be the second election district of said ward, and all that part of said district as now bounded and described, which lies westerly of the center line of Fairview avenue shall constitute and be a new election district, to be known as the fifth election district of said ward. (Ord. No. 2467, approved Aug. 22, 1904.) All that portion of said ward west of the fifth election district hereinbefore described and south of the right of way of the Great Northern (St. Paul, Minneapolis & Manitoba) Railway line shall constitute the third election district of said ward. All the remaining" portion of said ward shall constitute the fourth election district of said ward. (Id.) 322. Eleventh ward divided into four " districts— District boundaries. — The Eleventh ward is hereby divided into four (4) election districts, as follows : All that portion of said ward lying west of the center line of Cleveland avenue and north of the center line of Summit avenue shall constitute the first election district of said ward. All that portion of said ward which lies east of the center line of Cleveland avenue, north of the center line of Summit avenue, from Cleveland to Herschel avenue and north of the center line of Marshall avenue, from Herschel avenue to Snelling avenue, and west of the center line of Snelling ave- nue, from University avenue to Marshall avenue, and west of the center line of Herschel avenue, from Marshall avenue to Summit avenue, shall constitute the second election district of said ward. All of the remaining portion of said ward, not included in the first and second election district as herein described, which lies north of the center line of Randolph street and Randolph street extended west in a straight line to the Mississippi river, shall constitute the third election district of said ward. 127 All of the remaining portions of said ward shall consti- tute the fourth election district of said ward. (Id.) 323. Inconsistent ordinances repealed. — Ordinance number twelve hundred and ninety (1290), approved Jan. 22, 1890; Ordinance number thirteen hundred and eleven (1311), ap- proved March 24, 1890 ; Ordinance number thirteen hundred and ninety-two (1392), approved Aug. 26, 1890, and all other ordinances and parts of ordinances inconsistent with the pro- visions of this ordinance are hereby repealed. (Ord. Xo. 1400, approved Sept. 16. 1890, § 2.) All ordinances and parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. (Ord. Xo. 1740, approved March 8, 1894, § l.i FAKING— GRAFTING— SWINDLING. Ordinance No. 1865. (Approved March 4, 1896.) 324. An Ordinance to prevent and suppress faking, graft- ing and swindling in the City of St. Paul. The Common Council of the City of St. Paul do ordain as f< allows: Sec. 1. tt is hereby declared unlawful for any person, firm or corporation to keep or maintain a store or other place oi business For the purpose of faking, -rafting or swindling. 325. Sec. 2. Penalty. — Any person who shall fake, graft or swindle, or shall cheat or defraud by any of the practices usually known as faking, grafting or swindling, shall be guilty of a misdemeanor. 326. Sec. 3. Duty of chief of police. — h is hereby made the duty ot the chief of police, upon complaint being made to him. that faking, grafting or swindling is being carried on at any place within the City of St. Paul, contrary to the pro* visions of this ordinance, to require the police officer on duty where such place of business is, to particularly watch such place and to ascertain in what respecl and in wh.it manner the provisions of this ordinance are violated. 128 327. Sec. 4. Penalty. — Any person violating any of the provisions of sections one and two of this ordinance shall be subjected to a fine of not less than $25 nor more than $100 or by imprisonment in the workhouse for not less than sixty nor more than ninety days. Sec. 5. This ordinance shall take effect and be in force from and after its passage and publication. FENCES. (See, also, Building Code.) Ordinance No. 1937. (Approved June 22, 1897.) 328. An Ordinance in relation to the erection of barb-wire fences in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. No person shall erect, construct or maintain a barb-wire fence or part of fence of any kind upon any real estate in the City of St. Paul in front of which real estate a sidewalk is constructed parallel with such sidewalk, unless such fence shall be at least six feet distant from such sidewalk. 329. Sec. 2. Penalty. — Every person who shall erect, con- struct or maintain such barb-wire fence in the City of St. Paul in violation of section 1 of this ordinance shall upon convic- tion thereof before the Municipal Court of said city be pun- ished by a fine of not less than five dollars ($5) nor more than fifty dollars ($50), or by imprisonment in the St. Paul workhouse for a period of not exceeding thirty days. Sec. 3. This ordinance shall be in force from and after its passage. 121) FIRE DEPARTMENT. (ELECTRICAL INSPECTOR.) (For Fire Dept., see, also, "Fire Dept." under Building Code.) Ordinance No. 1917. (Approved April 7, 1897.) An Ordinance to enlarge the duties of the Chief of the Fire Department of the City of St. Paul and to establish rules and regulations concerning electric wiring and appliances. The Common Council of the City of St. Paul do ordain as follows : 330. Sec. 1. The Chief of the Fire Department of the City of St. Paul is hereby ex-omcio constituted the electrical in- spector of the City of St. Paul, and said Chief of the Fire De- partment is hereby empowered to appoint, subject to the approval of the Board of Fire Commissioners, a suitable per- son to serve as an assistant electrical inspector, and it shall be the duty of said assistant inspector to assist the electrical inspector in the performance of the duties imposed upon him under the provisions of this ordinance, and such assistant electrical inspector, when so appointed, shall be a member of the fire department of said city. The person so appointed as such assistant shall be a prac- tical expert electrician and shall serve during the pleasure of said Board of Fire Commissioners. The person so appointed assistant electrical inspector shall receive as compensation for all the services to be performed by him under the pro- visions of this ordinance such compensation as shall be fixed by said Board of Fire Commissioners. 331. Sec. 2. Such electrical inspector is hereby authorized, empowered and directed to regulate and determine the plac- ing of telephone, telegraph and other signal wins, and electric lighl ami power wire- in and on all buildings, streets, alleys and public Or private places in said city in such a \\a\ .e- t" pr< 'lit fires, accidents or injury to persons or property, and to cause all dead wires to be taken down within a period of thirty days after being abandoned, and to cause .ill elec- trical appliances to he si, placed, constructed and guarded as not to came tire or accident or endanger Ijfe or property; ami 130 whenever, in the judgment of said electrical inspector, any electric wire or appliance shall be defective by reason of im- proper or insufficient insulation, or for any other cause, said inspector shall at once cause the immediate removal of such defect. The assistant electrical inspector shall be subject to the directions and orders of such electrical inspector, and shall have and possess all powers conferred by this ordinance upon said electrical inspector. 332. Sec. 3. The said electrical inspector shall have the right at any time to enter any building, manhole or subway in the discharge of his official duties, or for the purpose of making any tests of the electrical apparatus or appliances therein contained, and for that purpose he shall be given prompt access to all buildings, public and private, and to all manholes and subways on application to the company or in- dividual owning or in charge or control of the same. 333. Sec. 4. Said electrical inspector shall have the power to cause the removal of all wires or the turning off of all cur- rents where the circuits interfere with the work of the fire department. 334. Sec. 5. No alteration or change shall be made in the wiring of any building, nor shall any building within the limits of the City of St. Paul be wired for the placing of electric lights, motors or heating devices, nor shall any electrical sys- tems, apparatus or devices of any kind whatsoever be placed or put in operation without first securing from said electrical inspector a permit therefor, nor shall any change be made in any electrical plant after inspection, without first notifying said inspector and securing a permit therefor. Before any electrical work of any kind shall be covered up or in any man- ner concealed from view, notice of the intention to so con- ceal and cover up such work must be given to the said elec- trical inspector, and said inspector shall approve the manner of covering or concealing such work before the same shall be covered up and concealed or put in use. (As amended by Ord. No. 2007, approved Sept. 9th, 1898, § 1.) 335. Sec. 6. Whenever a system of electrical wiring is to be installed in a building it shall be the duty of the party 131 desiring such installation to present plans and specifications to the electrical inspector and obtain a permit for such in- stallation. Such permit shall not be granted unless such plans and specifications shall show that the wiring is to be done in accordance with the rules and regulations prescribed by the inspector, and upon the completion of the wiring of any building it shall be the duty of the company, firm or in- dividual doing such wiring to notify the said inspector, who shall at once inspect the same, and if approved by him shall issue a certificate of satisfactory inspection which shall con- tain the date of such inspection and an outline of the result of such examination, but no such certificate shall be issued unless the electric light, power or heating installation and all apparatus and wiring connected with it shall be in strict con- formity with the rules and regulations so prescribed by said inspector as hereinafter set forth or herein prescribed; nor shall any electrical current be turned on such installation until said certificate is issued. Provided, however, that while the work of constructing, altering or repairing of any wires or system of electrical wiring in any building is in progress, the said electrical inspector may, in his discretion, issue to the person procuring such work to be done, or desiring to use an electrical current in said building, a temporary permit for the use of an electrical current. 336. Sec. 7. It is hereby made the duty of the electrical inspector, as soon as practicable alter the passage of this ordinance, to adopt and promulgate proper rules and require meuts for the installation of wiring and apparatus tor electric light and power, and tin- application thereof to all buildings within the City of St. I 'aid. and to file a cop) of such rules and regulations with the Secretary of the Hoard ol Fire Commissioners and also in the office of the Cit} Clerk, ami all electrical construction, all material and all appliances used in connection with electrical work and the .operation of all i trical apparatus used in an) building in the Cit) of St. Paul shall 1><- constructed and installed in conformity with the rules and regulations sel down in a certain pamphlel known a-- the National Code of Rules for Wiring I '. u i 1 < 1 1 n • - foi Electrical 132 Lighl and Power, a copy of which is on file in the office of the City Clerk of said City of St. Paul. 337. Sec. 8. The assistant electrical inspector appointed under the provisions of the ordinance is hereby, subject to the order and direction of said electrical inspector, vested with all the power and duties conferred upon said electrical inspector under the provisions of this ordinance. All poles, roof horses, trusses and other supports for elec- tric wires now standing or hereafter erected, and all covers for manholes now in service or hereafter placed in service for the use of electric conductors shall be branded or stamped with the name of the person, firm or corporation owning the same, and when so required by said electrical inspector, the same shall be supplied with a substantial tag giving thereon such a full description of the wires as shall meet the approval of said electrical inspector. Any and all dynamos, motors, wires of other materials used for electrical purposes which shall have become, in the opinion of said electrical inspector, dangerous and unsafe to persons or property, shall be condemned by him and upon receiving notice of such condemnation from said electrical in- spector the person or persons owning or using the same shall immediately cause the same to be put in safe condition. In case any person or persons owning or using any elec- tric wires, dynamos, motors or other electrical apparatus or material of any nature whatsoever which have been con- demned by the inspector shall fail to have the same put in safe condition within forty-eight (48) hours after receiving notice from said electrical inspector that the same has been con- demned, or within such other reasonable length of time as shall be prescribed by said electrical inspector, then it shall be the duty of said inspector to remove the fuse, cut the wires, or by other means completely disconnect the con- demned wires, apparatus or materials from the source of elec- trical energy, and for the purpose of so disconnecting said condemned wires, apparatus or materials, said electrical in- spector shall have the right at any time to enter upon any and all premises or buildings of any nature whatsoever in the City of St. Paul where such wires or materials are installed. -133 And when any electrical wires, dynamos, motors or other electrical wires or materials, of any nature whatsoever have been disconnected or rendered inoperative by said electrical inspector, as set forth in the foregoing provisions of this sec- tion, it shall be unlawful for any person or persons to in any manner reconnect the same or cause the same to be recon- nected with any source of electrical energy or to use the same as part of any electrical system until they have been put in safe condition and a certificate of acceptance of such safe con- dition has been issued by said electrical inspector. (As amended by Ord. No. 2007, approved Sept. 9, 1898, §3.) Note, § 4. 338. Sec. 9. Any person, firm or corporation who shall wilfully violate any of the provisions of this ordinance shall deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars ($10) nor more than fifty dollars ($50), or by imprisonment for not less than fifteen < L5) days nor more than sixty (60) days for each and every violation of this ordinance, in the discretion of the court. Sec 10. This ordinance shall be in force and take effect from and after its passage and publication. Ordinance No. 2285. (Approved .May 81, L902J An Ordinance authorizing Samuel Cohen to erect a frame building 10 by 12 feet upon lot 6, block 9, Bazille and Robertson's Addition to the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : 339. Sec. 1. That permission and authorit} are hereb} granted to Samuel Cohen to construd and efecf upon loi 6, block 9, Bazille and Robertson's Addition to the Cit) of St. Paul, a frame building substantially L0 by L2 feet, the struc- ture to be covered with corrugated iron with a gravel i said structure to be con trticted under the superintendence of the Building [nspector of the City of St. Paul, and said 134 Building Inspector is hereby authorized to issue to said Samuel Cohen a proper permit therefor. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. FIRE ALARM TELEGRAPH AND FALSE FIRE ALARMS. (See, also, Electric Wires.) 340. False fire alarms — Penalty. — That should any person or persons knowingly give, or cause to be given, any false alarm of fire, by means of the telegraph boxes connected with the fire alarm telegraph, such person or persons shall be sub- ject to pay a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100), to be recovered by proceed- ings before the judge of the municipal court. (Ord. of April 1, 1873, in Municipal Code 1884, Article XXIV., § 1.) 341. False fire alarms — Penalty — Inconsistent ordinances repealed. — It shall be unlawful for any person knowingly to give, or cause to be given, or to aid in giving, or causing to be given, any false alarm of fire by means of the telegraph boxes connected with the fire alarm telegraph, or by means of mes- sage by telephone, or otherwise, or by causing word to be given or sent to the fire department headquarters, or to any of the engine houses or police stations of the City of St. Paul, whereby the fire apparatus of said city, or any part of said apparatus is called out, or caused to leave any of the engine houses. 342. Penalty. — Any person violating the provisions of this section shall be punished on conviction thereof by a fine not exceeding one hundred dollars ($100) or imprisonment for a period not exceeding ninety (90) days. All ordinances and parts of ordinances inconsistent here- with are hereby repealed. (Ord. No. 1673, approved April 18, 1893, §§ 1, 2.) 343. Unauthorized persons not to make or use keys for fire alarm box — Penalty. — That it shall be unlawful for any person or persons to make, or cause to be made, any key or 135 keys of any fire alarm telegraph box, or use, or attempt to use, or cause to be used, said key or keys, except the chief of the fire department, and those acting" under his express au- thority in writing, or by express authority of the common council of St. Paul, and any person or persons violating, or at- tempting to violate this section, may be fined in any sum not. less than fifty dollars ($50) nor more than one hundred dol- lars ($100), by proceedings before the judge of the Municipal Court. (Ord. of April 1, 1873, see Municipal Code 1884.) 344. Interference with fire alarm telegraph forbidden — Penalty. — It shall be unlawful for any person or persons not duly authorized by the proper authority to cut or remove, or in any way alter or interfere with, the fire alarm telegraph wire or wires, or with any part of the machinery, fixtures, boxes, poles, or glass, in an}- way attached or appertaining thereto; and any person who shall violate this section shall \><- subject to a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100), to be enforced by pro- ceedings before the judge of the Municipal Court. (Id. §3.) FIREWORKS AND FIREARMS. Ordinance No. 2395. 345. An Ordinance to prohibit the sale or use of certain firearms, crackers and fireworks in the City of St. Paul. The Common Council of the City of St. Paul do ordain as f< >11< i\vs : Sec. I. That hereafter it .shall be unlawful for any pel within or adjacent to any inhabited portion of the City of St. Paul to shool or discharge any gun, revolver, pistol or fire- arms of any kind or description, whether the same be loaded with powder and ball or shot, loaded or blank cartridges, so- called, or any kind of explosive whatever, or to shool or dis- charge an) preparation of chlorate of potash, mixture of 9ul phur and saltpeter, or other dangerous explosive, or any mud cans, -..called, toy cannon, loaded anvils or similar devices, 136 or any giant or cannon crackers, or any fire crackers exceed- ing four inches in length, or any kind of fireworks or ex- plosives whatever, dangerous to persons or property, and all such acts are hereby prohibited. 346. Sec. 2. Sale is restricted. — That hereafter it shall be unlawful for any person or dealer therein, at any time during thirty days next preceding the fifth day of July in each year, to sell, expose, or offer for sale, or in any manner furnish or dispose of to any resident of the City of St. Paul, or to any other person for use in said city, or to any minor person at any time, any blank cartridge, pistol or revolver, or any blank cartridges, or any of the explosives, fire crackers or fireworks, the use of which is prohibited in section one of this ordinance, and all such acts are hereby prohibited. 347. Sec. 3. Punishment. — That any person who shall violate any of the terms or provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not less than five dollars nor more than one hundred dollars, for each offense. Sec. 4. This ordinance shall take effect and be in force from and after its passage, approval and publication. Approved Sept. 8, 1903. 348. Fireworks to be kept in fire-proof vault — Penalty. — No squibs, rockets, crackers, serpents, or other fireworks con- taining powder or other combustible or explosive materials, shall be kept or stored within the limits of the City of St. Paul, except the same be kept in a fireproof vault, under the penalty of not less than fifty dollars ($50) nor more than one hundred dollars ($100) for each offense, and a like penalty for every twenty-four (24) hours that said rockets, squibs, crack- ers, or other fireworks containing the aforesaid materials shall be kept or stored after the first conviction. fOrd. No. 417, approved July 1, 1884, § 1.) 137 FRUITS, BERRIES, VEGETABLES, FARM PRODUCE, ETC. (See, also. Licenses.) 349. Fruits and berries to be sold by barrel or bushel — Exceptions. — It shall be unlawful for any person to sell, or offer for sale, fruits or berries, within the City of St. Paul, except by the barrel, bushel, or some aliquot part of a bushel, according to the table of dry measure ; nor shall it he lawful to sell fruits or berries in packages, except every such package contain a barrel, a bushel, or some aliquot part of a bushel, according to the table of dry measure; provided, that this sec- tion shall not apply to dry or preserved fruits and berries, or to the sale of fruits retailed at a fixed price per piece or num- ber. (Ord. No. 123, approved July 3, 1877, § 1.) 350. Fruits and berries to be of equal goodness in every part of package. — All fruits or berries, fresh or dried, sold or offered for sale in the City of St. Paul, in packages, shall be of equal goodness in every part of the package. '(Id. §2.) 351. Penalty — Half to complainant. — Any person or per- sons guilt\- of a violation of any provisions of either of the foregoing section, shall, upon conviction, be fined not less than five dollars ($5) nor more than twenty-live dollars ($25) for every such violation; one-half of said fine shall be paid to the person upon whose complaint and Information such convic tion is obtained. (Id. §3} 352. Fruits, vegetables, farm produce, etc., in railroad cars or depot — Sale of — License — Penalty — Exceptions — Price of license. — No person shall sell, or offer for sale, barter, or e\ change, any carload lot, or any less quantit) of fruit, \ table or farm produce, butter, cheese, eggs, game or poultry, contained in any railroad ear or in .in\ railroad freighl depol or warehouse within the City of St. Paul withoul firsl obtain Ing an annual license to engage; in such business, under a pen alty of not less than twenty five dollars ($25) nor more than one hundred dollars ($100) for each offense; provided, how- 138 ever, the provisions of this section shall not apply to any farmer, gardener, fruit or vine grower engaged in selling the produce of his farm, garden, orchard, or vineyard, nor to any fruit or commission merchant having a storehouse and estab- lished place of business in this city. Every person before engaging in the business or occupa- tion mentioned in the preceding section shall pay to the City of St. Paul an annual license fee of two hundred dollars ($200) in the manner provided by the ordinances of said city concern- ing licenses. GAMBLING, BETTING, POOL ROOMS. 353. Gaming prohibited. — That all descriptions of gaming and fraudulent devices and practices in gaming, and all play- ing cards, dice, or other games of chance are hereby pro- hibited. (Ord. No. 424, approved July 30, 1884, § 1.) 354. Gambling devices, gambling houses, cards, etc., pro- hibited. — All E. O. or roulette tables, faro or pharo banks, and all gaming with cards, gaming tables, or gambling devices, and all description of gaming, and all houses and places for the purpose of gambling and fraudulent devices and practices, and all playing of cards, dice, or other games of chance, are hereby prohibited from being set up or used, or kept for gam- ing or gambling purposes, in the City of St. Paul. (Id. §2.) 355. Faro and gambling devices prohibited. — No person within the City of St. Paul shall deal cards at the game called faro, pharo, or forty-eight (48), whether the same shall be dealt with fifty-two (52), or any other number of cards, and no person shall keep, to be used in gaming, any gambling de- vice whatever. (Id. §3.) 356. Betting prohibited. — No person shall bet any money or other property at or upon any gaming table, game or de- vice prohibited by this ordinance. (Id. §4.) 139 357. Gambling houses and places prohibited. — No person shall keep any house or place for the purpose of gambling, nor shall any person suffer any gaming table, bank, or gambling device prohibited in this ordinance to be set up or used for the purpose of gaming in any house, building, steamboat, raft, keel, boat, or boom, lot. shop, yard, or garden to him belong- ing, or bv him occupied, or of which he has the control. (Id. § 5.) 358. Gambling tables and fixtures to be seized. — If any person or persons shall keep tables, or furniture, or fixtures, or instruments for gaming, or used or intended for use in gaming or gambling, in or out of any house, room, or place, such tables or instruments may be seized and taken into cus- tody by any police officer of the City of St. Paul; and it is hereby made the express duty for all police officers or police- men to enter any place, house, room, or tent, or booth, and seize said gaming tables, instruments, or fixtures, and hold and keep the same. (Id. § 6.) 359. Visiting and betting at gambling places prohibited — Police to visit and arrest offenders. — No person shall visit any place, or house, or room used, occupied, or in any way design- ed for gaming purposes, and there bet any money or valuable thing on any game or device, whether played with cards or otherwise; and it shall be the duty of police officers of the city to \ i^it ad houses, places, rooms, tents, or booths, where any such gambling is earned on in violation of this ordi- nance, and to arrest ad persons violating any part of this sec- tion, or any part or portion of this ordinance. 'Id. §7.) 360. Penalty. — Any person or persons found guilty oi \i'> latin- any i if the provisions of this ordinance shall be punished by a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100) Or by imprisonmenl in the workhouse of the City of St. Paul not more than ninety (90) days. (Id. §8, as amended by I >rd. 1766, approved June I. 1894, § I.) 361. Ordinances repealed. — All ordinances inconsfstenl with tin-, ordinance are hereb) repealed. I 1 >rd. No. I - .' I. appro-\ ed Jul} 30, L88 I, $ 9. i 140 362. Betting on game, horse race, etc., gaming and aiding and abetting prohibited. — No person shall, within the limits of the City of St. Paul, either directly or indirectly, bet or risk any money or other property at or upon any game or device, or horse race, or contest. of any kind whatever, or upon the happening of any event, or the result of any event, or engage in any gaming of any kind whatever in which money or other property is directly or indirectly bet, wagered, staked or risked, or aid or abet, directly or indirectly, any other person or persons in doing any of said acts. (Ord. No. 1714, approved Nov. 23, 1893, § 1.) 363. Persons engaged as principal, etc., in pool selling or gaming business to be deemed to aid and abet. — All persons who act as principal, agent, manager, assistant, or employe in the business of any pool selling establishment, or in the business of any other place where pool selling or gaming, or any acts hereby prohibited, are carried on, shall be deemed to aid and abet in said acts. (Id. §2.) 364. Persons furnishing information to be deemed to aid and abet. — Any person who, in any of the places above men- tioned, for the purpose of facilitating or assisting in the mak- ing or decision of bets or wagers, furnishes or assists in fur- nishing any information concerning any event about to occur, or the result of any event, shall be deemed to aid and abet in the acts herein prohibited. (Id. § 3.) 365. Visiting and betting at gambling places prohibited. — Police to visit and arrest offenders. — No person shall visit any place or house or room used, occupied, or in any way designed for gaming purposes, and there bet or wager any money or valuable things on any game or device, or the happening of any event, or the result of any event. It shall be the duty of the police officers of the city to visit all places where such gambling is carried on in violation of this ordinance and to arrest all persons violating any part or portion of this ordi- nance. (Id. §4.) 141 366. Betting on what is represented as horse race or event, etc., is violation of ordinance — Aiding and abetting. — The bet- ting or wagering of any money or property in any place herein mentioned on the result of that which is represented in such place as a game, or horse race, or contest, or event which has occurred, is occurring, or is about to occur, is here- by prohibited and is declared a 'violation of this ordinance the same as if said game, or horse race, or contest, or event were an actual game, or horse race, or contest, or event ; and the aiding, abetting, or assisting in the making or decision of any bet or wager upon the result of that which is represented in any such place as a game, or horse race, or contest, or event is hereby prohibited, and is declared a violation of this ordi- nance. (Id. § 5.) 367. Penalties. — That any person or persons guilty of vio- lating any of the provisions of this ordinance shall, on con- viction thereof, be fined in a sum not more than one hundred dollars ($100) or eighty- (80) days' imprisonment in the city workhouse, and not less than ten dollars ($10) or ten (10) days' imprisonment in the citv workhouse. (Id. § G.) 368. Pool room declared public nuisance. — That each and every public place in the City of St. Paul which is or shall be used for a pool room, and where are kept such gaming or fraudulent devices as pertain thereto, wherein any form or manner of betting upon any game or the result of any event is permitted or allowed, is hereby declared to be a public nuis- ance. (Id. § 5.) 369. Renting or permitting building to be used for pool room or gambling house prohibited. — That each and every owner, occupant or person Having charge of any building, or any person who shall rent or permit any building to be I wholly or in part for a pool room, as above described, for the keeping therein of any manner of game or fraudulent d< or practices, or who shall rent any building therefor or per mit therein the playing with cards or dice or other games oi chance, or any form or manner of betting upon an\ game, 142 or the result of any event, for money, shall be guilty of a mis- demeanor. (Id. § 2.) 370. Frequenting pool room prohibited. — Any person fre- quenting any pool room within the City of St. Paul, wherein are kept any manner of fraudulent devices or practices, or wherein any playing with cards or dice, or any games of chance, for money, or wherein any form or manner of betting upon any game, or the result or happening of any event, is permitted or allowed, shall be guilty of a misdemeanor. (Id. §3.) " 371. Betting and gaming in pool room prohibited. — Any person participating in any manner of gaming or fraudulent devices or practices, or who shall play with cards or dice or other games of chance, or who shall bet upon any game, or the result of any event, in any pool room in the City of St. Paul shall be guilty of a misdemeanor. (Id. §4.) 372. Boards, writings, messages, etc., prohibited. — Who- ever uses or permits the use of any boards, writings, printing, lists, messages or any apparatus whatsoever within the City of St. Paul, for the purpose of showing the progress of any event, game or games upon which money is being wagered, intending thereby to facilitate or assist in determining said wager, shall be guiltv of a misdemeanor. (Id. §5). 373. Police to arrest and prosecute offenders. — It is here- by made the duty of the police department of this city to ar- rest and prosecute all persons violating the provisions of this ordinance. (Id. §6.) 374. Penalties. — Any person violating any of the pro- visions of this ordinance shall, upon conviction thereof, be fined in the sum of not less than twenty dollars ($20) nor more than one hundred dollars ($100), or by punishment by imprisonment in the St. Paul workhouse for a period not less than one (1) month, nor more than three (3) months. (Id. § 6.) 143 375. Term "pool room" defined. — The term "pool room" as used in this ordinance shall be held to mean such place or places as are or shall he occupied or used by bookmakers, so-called, for the purpose of pool selling, so-called, or for the furnishing of such information as will enable or induce par- ties to hazard money or other valuable considerations upon contests of strength, speed, skill, endurance, or chance, or upon the result of any election or other event. (Id. §7.) GARBAGE, NIGHT SOIL, ETC.— RAGS, ETC., CAT- TLE, ETC., IN TENEMENT HOUSES. (See. also. Health Department.) 376. Unlawful to dump garbage, etc. — Penalty. — That it shall he unlawful for any person to dump or deposit at any place within the city limits of the City of St. Paul any night soil, garbage, manure, ashes mixed with garbage, or other putrid and offensive substances. Any person violating the provisions of this ordinance shall be punished by a fine. of not less than five dollars ($5) nor more than one hundred dollars ($100.) (Ord. No. 936, a]. proved May L5, 1888, §§ 1, 2. See, also, "Health I >epartment") 377. Garbage, etc., to be conveyed in tight receptacles — Penalty. — It shall be unlawful for any person to collect, trans- port or conv<\ within the city limits of the City of St. Paul any garbage or any other putrid substances, excepl the same shall be placed and transported in tighl receptacles, so made and kept that no offensive Odors can exhale therefrom. \ny person violating the provisions of section one (1) of this ordinance shall he punished by a tine of not less than five doll; I nor more than fifty dollars ($50) for each oil'. ; I ird. No. 988, approved Aug. 7, L888, §S I, 2.) 378. Tenement houses and other places to keep suitable receptacles for garbage — Term "garbage" defined — Not to be mixed with ashes, etc., or scattered in streets, etc. — Rags, Ill horses, cattle, etc., not to be kept in tenement houses — Pen- alty. — Each and every person, firm, or corporation using or occupying any tenement, dwelling house, lodging house, ho- tel or other building as a residence or place of business shall provide and maintain proper and suitable receptacles for re- ceiving garbage, which receptacles shall consist of water-tight vessels, constructed of hardwood or metal and covered and not too large for convenient handling, and shall be placed by the occupants of such buildings at a point on the premises accessible to the persons collecting the garbage. Garbage shall be construed to mean kitchen offal and all other refuse matter composed of either animal or vegetable substance. Householders and others who offer garbage to be re- moved shall not be permitted to mix with it dirt,, ashes, stones, sticks of wood, or other substances foreign to it. No person shall cause or permit garbage to be thrown or scattered in any of the streets, alleys, or on, in, or about any such premises, or on any vacant or occupied real estate. No tenement or lodging house, nor any portion thereof, shall be used as a place of storage for any combustible article or rags, or any article dangerous or detrimental to health, nor shall any horse, cow, calf, swine, pig, sheep or goat be kept in such house. Any person who violates, neglects, or refuses to comply with any of the provisions of this section shall be subject to a fine not exceeding one hundred dollars ($100) nor less than twenty-five dollars ($25) for each offense. (Ord. No. 1681, approved May 11, 1893, § 1. See "Health Department.") 379. An Ordinance instructing the Commissioner of Health to bind reports of garbage contractors, to receive and enter complaints in regard to the col- lection of garbage, and to investigate such com- plaints. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. It is hereby made the duty of the Commissioner of Health of the City of St. Paul to receive and semi-annually 145 to have substantially bound the reports that are made from month to month in detail by the contractors for collecting garbage ; the said reports to be furnished the Health Depart- ment upon blanks printed from a form (copy) furnished by the Commissioner of Health; and it is also made the duty of the Health Commissioner to receive, and enter as received, in a properly prepared book all complaints made in regard to the collection of garbage or. relating to the dis- position thereof, as provided in the contract for collecting garbage. 380. Sec. 2. To examine complaints. — The said Commis- sioner of Health, upon the receipt of any complaint made in regard to the collecting of garbage or the disposition of the same, shall at once examine the same and the cause thereof, and he shall see that the said garbage contract is in all things properly performed according to the conditions and terms of said contract mentioned. 381. Sec. 3. Old ordinances repealed. — Consecutive sec- tion 538 of Ordinance of City of St. Paul of 1896 and all ordi- nances or parts of ordinances inconsistent with this ordinance are hereby repealed. (Ordinance No. 1912, approved Feb. 19, 1897.) 382. An Ordinance prescribing rules and regulations for the removal of garbage by private parties in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows: Sec. 1. From and after the passage, approval and pub- lication of fhis ordinance it shall be unlawful for any person to collect or solicit any garbage from any place within the corporate limits of the City of St. Paul without having firsl obtained a license BO tO do, as hereinafter prescribed, from the C< >mmi88ioner of I tealth. 383. Sec. 2. Who may collect. — Any person may, upon application to tin- Commissioner of Health, and upon signing a written agreement, in a form to be approved by the Coi poration Attorney, to properly remove all garbage collected 146 by any such person and leave the premises in a sanitary con- dition, receive a license permitting such person to remove gar- bage from certain specified places as designated by the Com- missioner of Health. 384. Sec. 3. Penalty. — Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof, be fined in a sum of not less than $5, nor more than $25, or by imprisonment for not less than five days, nor more than thirty days in the workhouse in the City of St. Paul. Sec. 4. This ordinance shall take effect and be in force from and after its passage, approval and publication. (Ordinance No. 2273, approved April 5, 1902.) GONGS. 385. Gongs not to be sounded along streets, etc. — Pen- alty. — It shall be unlawful for any person, firm or corpora- tion to sound gongs on or along the streets, highways, alleys or other public property or places for the purpose of advertis- ing any auction sale or other business or for the purpose of attracting attention to any advertising wagon or other vehicle or otherwise, or in any manner sound gongs on or along any of the streets, highways, etc., of the City of St. Paul for any cause. 386. Penalty. — Any person convicted of violating the pro- visions of this ordinance shall be fined in a sum not less than twenty-five dollars ($25) nor more than one hundred dollars ($100.) (Ord. Xo. 717, approved Sept. 7, 1886, §§ 1, 2.) GUNPOWDER AND GUNCOTTON. 387. Not to be kept or sold without permission — Pen- alty — Exception. — No person shall keep, sell or give away gunpowder or guncotton, in any quantity, without first hav- ing paid into the city treasury the sum of five dollars ($5) [fifteen dollars ($15). See §392, this Article] and ob- tained from the common council or city clerk a permission in writing, signed by the city clerk, and sealed with the cor- porate seal, under a penalty not exceeding fifty dollars ($50) 147 for every offense, provided any person ma)' keep for his own use not exceeding one (1) pound of powder, or one (1) pound of guncotton at one and, the same time. (Ord. approved Oct. 7, 1869, in Article XXXII. , Municipal Code of 1884, § 1.) 388. Application for permission to council — Number of permits allowed — Clerk to make register — Quantity to be kept — How kept, sold and weighed — Sign at front door — Penalty. — All applications for permits shall be addressed to the common council, in writing, signed by the applicant. Not exceeding four (4) permits shall be granted in any one block; when the number of applications in any block shall at any time exceed, the number to be granted, the requisite number shall be chosen by ballot. When issued, the clerk shall make an entry thereof in a register to be provided for the purpose, which entry shall state the name and place of business, and date of permit. Persons to whom the permit may be issued shall not keep, at his place of business, or elsewhere, within the city, a greater quantity of gunpowder or guncotton than twenty-five (25) pounds at one time, and the same shall be kept in tin canisters or cans or kegs securely hooped and headed, containing not to exceed twenty-five (85) pounds each, and in a situation remote from fires or lighted lamps, candles or gas, from which they may be easily removed in case of fire; nor shall any person sell or weigh any gun- der or guncotton after the lighting of lamps in the even- ing, unless in sealed canisters or cans. It shall be the duly of person to whom a permit shall be given, to keep a sign ai the fronl door of his place of business, with the wpfd "Gun- powder" printed or painted thereon in large letters. Any >n violating any clause of this section, shall, upon con viction thereof, be punished by a fine nol less than ten dol- ($10) nor more than one hundred dollars ($100). (Id. §2 I 389. How carried through streets, etc. — Penalty. — No per -"u shall convey or cany any gunpowder or guncotton ling one (1) pound in quantity; through anj street or alley in the city, in an\ wagon, draw wheel- 1 IS barrow, or otherwise, unless the gunpowder or guncotton be secured in tight cans or kegs, well headed and hooped, suf- ficient to prevent such gunpowder or guncotton from being spilled or scattered, under a penalty of fiftv dollars ($50). (Id. §3.)' 390. Permissions expire, when — No permit to retailer of liquors or intemperate person — Treasurer's receipt. — All per- missions granted under this ordinance shall expire on the first day of January in each year, and no permit shall be granted to any retailer of intoxicating liquors, or to any in- temperate person. No permit shall issue except on presen- tation of the treasurer's receipt for the sum demanded by this ordinance. (Id. §4.) 391. Gunpowder business to be licensed — Penalty. — That hereafter no person, firm, association, corporation or other combination of persons, by whatsoever name the same may be called or known, shall engage in, conduct, manage, or carry on either or any of the different and various kinds of business, employments or avocations hereafter mentioned or specified in the City of St. Paul, without first having paid into the city treasury of St. Paul the sum and amount of money for the particular and separate kind of business, em- ployment, or avocation as hereinafter fixed, established and stated therefor respectively. Any person, firm, association, corporation, or other combination of persons who shall be proven guilty before any court having jurisdiction thereof, of being engaged in, conducting, managing or carrying on either or any of the hereinafter named kinds of business, em- ployments or avocations, within the limits of the City of St. Paul, without having a city license therefor, shall be fined by said court for first offense in any sum or amount not exceed- ing fifty dollars ($50), and for the second and every subse- quent offense in any sum or amount not exceeding one hun- dred dollars ($100). (Ord. No. 895, approved March 6. 1888, § 1.) 392. Price of license. — The different and various kinds o) business, employments and avocations for which licenses are 149 hereby fixed and established, and the sum and amount of the license for each separate one are as- follows, to-\vit : Gun- powder, fifteen dollars ($15). 393. Applicant for license pay money into treasury — Re- ceipt — City clerk's fee — Clerk issue license. — All applicants for a license hereinunder shall first pay into the city treasury the amount above specified for the particular kind of business, employment or avocation he or they desire a licensr for. tak- ing a receipt specifying' for what the same was given and the amount paid therefor, and upon presenting the said receipt to the city clerk of the City of St. Paul, and paying over to him the sum of one dollar ($1) as his fee for issuing a license thereon, said" city clerk shall issue and deliver unto said ap- plicant a license terminating on the first day of January next thereafter, to conduct, carry on, and prosecute the business applied for. (Id. § 3.) 394. Ordinance contravening Ordinance 895 repealed. — All ordinances and parts of ordinance contravening the pro- visions of this ordinance are hereby repealed. (Id. §4.) 395. Certain ordinances repealed. — Ordinance number four hundred and fourteen I Ml), entitled "An Ordinance in relation to billiard tables, pool tables, and ten pin alleys." is hereby repealed; also, ordinance number six hundred and twelve (612), entitled "An ordinance amending ordinance number six hundred and one (601 ), 'An ordinance in relation ■ rtairi licenses.' " is hereby repealed. (Id. § 5.) HACKMEN, DRAYMEN, EXPRESSMEN, ETC. 396. Passengers, vehicles for conveying — Must be li- censed. — No person or persons sball hire, or keep or Use for bire upon the streets of the City of St. Paul, any vehicle of any description or name whatsoever, for the conveying of * * * from place to place within said city, without a license so to do. (( Ird. \'o. 376, approved March 18, L884, § 1. 1 150 387. Same — License, who may obtain. — Any person or persons residents of said city, over the age of twenty-one (21) years, and being the owner or owners of any vehicle, may keep and use the same for hire upon paying the license fee, and the sum of one dollar ($1) to the city clerk for said license therefor hereinafter fixed, and upon complying with and observing all the provisions of this ordinance. (Id. §2.) 398. Same — City clerk to issue license and keep register. — It shall be the duty of the city clerk to issue all licenses pro- vided for in this ordinance, upon being presented with a re- ceipt from the city treasurer, showing that the party applying for a license has paid the amount of money herein fixed as the amount which shall entitle such party to the license desired. The city clerk shall keep a register in which shall be kept a list of the names of all persons to whom licenses are granted or transferred, the date when issued or transferred, the num- ber of each license, and the description of each vehicle li- censed. (Id. § 3.) 399. Same — Duration of license — Transfer. — All licenses granted under this ordinance shall, unless revoked, continue in force until the first day of January after the date of the issue thereof, and any such license may be transferred by the city clerk, with the consent of the mayor. (Id. §4.) 400. Same — Name of owner and number on vehicle — To be erased at expiration of license. — Every owner of any li- censed vehicle shall forthwith cause the name of the owner, and the number of his license, to be plainly fixed in a con- spicuous place on the outside and inside of such vehicle, and shall keep the same plain and distinct at all times when used, during the continuance of such license ; but upon the expiration of said license funless renewed) such person shall immediately cause the said name and number to be erased from said vehicle, and shall not allow said vehicle to be used with said name or number thereon. (Id. § 5.) 151 401. Same — Lamps, number of license, door knobs — Om- nibuses. — Every vehicle for the conveyance of persons (ex- cept omnibuses running- upon established lines), when driven or used for hire, or waiting, or standing for hire, on any pub- he street or place in the night time, shall have fixed upon some conspicuous part of the outside thereof, a lighted lamp with plain glass front and sides, with the number of the li- cense fixed within each of said lamps, in distinct and legible figures, at least one and one-half (1^) inches in length, and so placed that said numbers and lamps may be distinctly seen from the inside and outside of such vehicle. And every ve- hicle for the conveyance of passengers, which has a door or doors to the same, shall have a knob or handle upon the in- side of such door or doors, by which said door or doors may be easily opened from the inside of such vehicle. All omni- buses running within the city and required to be licensed, shall, when running in the night time, have fixed in some conspicuous place in front thereof, so as to be distinctly seen from inside and outside, a lighted lamp, with the number of license distinctly painted thereon in figures of one inch and a half in length. (Id. §6.) 402. Same — Drivers — Drivers' license — Transfer — List of licenses and transfer — License may be revoked. — No person shall hereafter drive any licensed vehicle for the conveyance of passengers * * * for hire or reward without first obtain- ing a license of Mich driver, and no such driver shall drive any other vehicle than the one for which he shall be licensed; nor shall the owner or owners permil any person, except a li- censed driver or owner, to drive any licensed vehicle owned or used by him or them; nor shall any owner permit any li- ed driver to drive any other licensed vehicle than the one U>v which he shall be licensed. No licensed vehicle shall have more than one driver, and every such driver shall be licensed by the city clerk, on the requesl of the owner of an) vehicle, and such license may be transferred, on such request, and it shall be the duty of the city cl< H. to k< i p a list of the drivers so licensed, the number of his license, and the number of the 1 52 vehicle for which each driver shall be licensed, and of all transfers of such licenses. Any driver's license may be re- voked by the mayor in his discretion. (id. § ;.» 403. Same — License to designate vehicle — Liability of owner and driver. — All licenses granted under this ordinance shall designate the vehicles by their number or name, and the owner or owners, driver or drivers, shall be severally liable for each and every violation of this ordinance by such owner or owners, or their driver or drivers. 404. Same — Drivers' badge. — Every person so licensed shall, while acting as driver of snch vehicle, wear conspicu- ously a badge, consisting of a rectangular silver plate, or plated metal, one and three-fourths (1^4) inches long and one and one-eighth {!]/%' ) inches wide, having the corners cut off ; on said plate shall be engraved the word "hack'' or other word designating the kind of vehicle which he is licensed to drive, in letters not less than five-sixteenths (5-16) of an inch long, and the number of the hack or other vehicle in figures not less than seven-sixteenths (7-16) of an inch long, said letters and figures to be boldly cut in Roman characters and filled in black; said badge shall be provided with a pin or other fastening, by which the same may be and shall be worn in a conspicuous place on the outside of the breast of the coat, so that it may not be hidden either by accident or de- sign. (Id. §9.) 405. Same — Sale of licensed vehicle — Report to city clerk — Transfer — Fee — Penalty. — If the owner of any vehicle, who may have received a license as aforesaid, shall sell or dispose of such vehicle before the expiration of such license, such owner shall, within five (5) days of the date of such sale or disposal, report the same to the city clerk, and the city clerk may transfer such license on the payment of one dollar i SI) ; and every such owner of a vehicle who shall neglect to report such sale or disposal, as aforesaid, shall be liable to a fine of ten dollars ($10). (Id. § 10.) 153 406. Same — Penalty for not being licensed. — Any person who shall keep or drive any vehicle for the conveyance of persons from place to place within the City of St. Paul, for hire or reward, without being licensed as aforesaid, shall be liable to a fine of not less than twenty-five dollars ($25) for each and every such offense. (Id. § 11.) 407. Same — Drays, carts, etc. — Price of licenses. — There shall be paid to the city treasurer, for the use of the city, be- fore issuing the said license by the parties applying for the same, the following sums : First — For all omnibuses and accommodation coaches running in connection with hotels, shall be charged for license each the sum of ten dollars ($10) per annum. Second — For all omnibuses and accommodation coaches running upon established lines, and at stated periods, from place to place within the city, shall be charged for license each, the sum of five dollars ($5) per annum. Third — For all hackney coaches, carriages and other vehicles drawn by two (2) horses or other animals, and oc- cupying any public stand, or that shall run for the conveyance of passengers, for hire or reward, within the city, shall be charged for license each, the sum of ten dollars ($10) per annum. Fourth — For all cabs or other vehicles drawn by one horse or other animal, and occupying any public stand, or thai shall run for the conveyance of passengers, for hire oi reward, within the city, shall be charged for license each, the sum of five dollars ($5) per annum. * * . * * * Seventh For all drays, carts, wagons and other vehicles running within said city for hire or reward, and nol other- wist ly provided for, shall be charged for license each, the sum of ten dollar- ($10 I per annum. * * 4 4 4 4 Provided, thai nothing herein contained snail include omnibuses and b; \ to and fri im h< i free of charge. 154 Ninth — For each driver of any licensed vehicle, the sum of two dollars ($2). (Id. § 12, as amended by Ord. No. 404, approved June 3, 1884, §10 408. Same — Rates of fare. — The prices or rates of fare to be asked or demanded by the owners or drivers of vehicles for the conveyance of passengers for hire shall be as follows: First — For conveying one passenger not exceeding one (1) mile, fifty (50) cents. Second — For each additional passenger carried, of the same party, not exceeding one (1) mile, twenty-five (25) cents. Third — For conveying one (1) passenger over one-half ( l / 2 ) mile, and not exceeding one (1) mile, fifty (50) cents. Fourth — Over one (1) mile, and not exceeding one and one-half (V/2) miles, seventy-five (75) cents. Fifth — Over one and one-half {V/i) miles, and not ex- ceeding two (2) miles, one dollar ($1). Sixth — For each mile or fraction of a mile over two (2) miles, twenty-five (25) cents. Seventh — For each additional passenger of same party, carried over one-half {y 2 ) mile, without regard to distance, fifty (50) cents. Eighth — Over two (2) miles and not exceeding two and one-half (2y 2 ) miles, one dollar and twenty-five cents ($1.25); for each mile over two and one-half (2^) miles, twenty-five (25) cents. Ninth — For conveying children between five (5) and fourteen (14) years of age, half of the above prices may be charged for like distances, but for children under five (5) years of age no charge shall be made ; provided, that the distance from any railroad depot, steamboat landing or hotel, to any other railroad, steamboat landing, or hotel, shall, in all cases, be estimated at not exceeding one (1) mile. Tenth — For the use of any such carriage or vehicle by the hour, with one or more passengers, with the privilege of going from place to place, and stopping as often as may be required, as follows : For the first hour, one dollar and fifty 155 cents ($1.50) ; for each additional hour or part of an hour, one dollar ($1). Eleventh — For the use of any cab, or other vehicle drawn by one (1) horse or other animal, by the hour, with the privilege of going from place to place, with one or more passengers, and stopping when required: For the first hour, one dollar ($1) ; for each additional hour or part of an hour, fifty (50) cents. (Id. § 13.) 409. Any passenger in any vehicle for the conveyance of passengers for hire shall be allowed to have conveyed upon such vehicle, without extra charge, his ordinary traveling baggage, not exceeding in any case one (1) trunk and twenty- five (25) pounds of other baggage ; for every additional pack- age, where the whole weight of baggage is over one hundred (100) pounds, if conveyed to any place within the city limits, the owner or driver shall be permitted to charge twenty-five (25) cents. 410. Same — And drays, carts, etc. — Package left in vehicle or in custody of driver — Duty of driver — Penalty. — Whenever any package or article of baggage, or goods of any kind, shall be left in or on any licensed vehicle for the conveyance of passengers, goods, or baggage, or when any such package or article shall be left in the custody of the driver of any such vehicle, such driver shall, upon the discovery of such pack- age or article, forthwith deliver the same at the central police station of said city, into the hands of the officer in charge of such station, unless such package or article shall be sooner delivered to the owner thereof, or the order of said owner. Any neglecl or refusal on the part of the driver of any vehicle, a- a tore-aid, to comply with the provisions hereof, and any violation of any clause Or provisions Of this section, shall subjeel sinl) driver to the penalty of nol less than twent) five dollars ($25) and the revocation of his license, 411. Same — Card printed in English, German and Scan- dinavian, what to contain — Penalty. — There shall be fixed in ever) vehicle for the conveyance of passengers for hue, in such manner as can be convenient!) read by any person riding in the same, a card, to be furnished by the city clerk, con- taining the name of the owner of said vehicle, the number of his license, and the whole of sections thirteen (133, fourteen lit i. and fifteen (15) of this ordinance, printed in English, German and Scandinavian, in plain legible characters. A similar card shall be carried by the driver of each such ve- hicle, which card shall be shown to any person desiring to employ such vehicle upon their request to see the same. Any violation of this section shall subject the owner or driver to a penalty of not less than ten dollars ($10) and a revocation of his license. 412. Same — Disputes as to price or distance. — All disputes as to prices or distance shall be settled by the chief of police or other officer of the police force. 413. Same — Hiring, when not specified, to be by the mile — Detention of more than fifteen minutes — Rate. — In all cases when the hiring of a vehicle for the conveyance of pas- sengers is not at the time thereof specified to be by the hour, it shall be deemed to be by the mile ; and for any detention exceeding fifteen (15) minutes, when so working by the mile, the owner or driver may demand at the rate of one dollar ($1) per hour. 414. Same — Fare need not be paid unless card is dis- played. — The owner or driver of any vehicle for the convey- ance of passengers shall not demand or be entitled to receive any pay for the conveyance of any passenger unless the num- ber of the carriage and rates of prices be conspicuously fixed in and on said vehicle, as herein provided by section sixteen (16) of this ordinance. 415. Same — Excessive fare — Penalty. — The owner or driver of any such vehicle who may have demanded and re- ceived any fare in excess of what is provided for in this ordi- nance, shall return the excess received, and be liable to a pen- alty of ten dollars ($10), and his license shall be revoked. 416. Same — May stand at what places — Penalty. — Duly licensed vehicles for the conveyance of passengers may stand, while waiting for employment, at any of the following places, 157 to the number and for the period of time hereinafter pro- vided: On each side of Robert street, except the first seven- ty-five (75) feet on west side of said Robert street, immedi- ately north of its intersection with Third street, between Second street and Fifth street: on St. Peter street between Fifth street and Sixth street; on the four (4) sides of Smith park ; on the four (4) sides of Rice park ; except on Wednes- day and Saturday evenings from the first day of June to the first day of October in each year; on Fifth and Washington streets in front of the city hall; at the union depot ten (10) minutes previous to the arrival of the passenger trains ; and at all theaters and other public places of amusement fifteen (15) minutes before the conclusion of any performance, and with the consent of the chief of police, on any of the public streets of said city after seven (7) o'clock in the evening of any day. The owner or driver of any vehicle for the conveyance of passengers, or public cart which shall wait upon the streets for employment at any other place than as herein provided, or who shall drive up and down any street or around any block while waiting employment, shall be subject to a fine of not less than ten dollars ($10) for each and every offense. (Id. § 22, and Id. § 21, as amended by ( )rd. No. 385, approved April 1, 1884, § 1.) 417. Same — May stand at what places — Conditions — Pen- alty — Ordinance repealed. — All licensed vehicles for the con- veyance of passengers for hire may stand, while waiting foi employment, along and upon either side of the street, and in front of any block of land within said city, with the consent ot the owner or owners of the property fronting upon such Street, except on and along the north side of Third Street, between Jackson and Sibley Streets; on and along the ea^t side of Jackson street, between Third and Fourth streets; the north side of Sixth street, between Jackson and Robert streets, and the east side of Robert Street, between Sixth and Seventh streets, under and upon the terms and conditions following: First That no more than three (3) licensed vehicles aforesaid shall stand on or along each block, and when there 158 Standing as aforesaid, said vehicles shall stand apart from each other a distance of not less than fifty (50) feet. Second — All drivers of said vehicles shall remain within ten ( L0) feet of his seat to the same, while such; vehicle re- mains standing at any point or place as hereinabove pro- vided. Third — All licensed vehicles shall have the number of the same distinctly painted on the lamp or lamps thereon, if lamp or lamps are thereon; if not, then upon a conspicuous place upon the side of such vehicle. Fourth — Any driver or owner of any such vehicle who shall violate either or any of the provisions above mentioned shall be liable to an arrest, and if upon the trial thereof he shall be proven guilty, shall be liable to a fine not exceeding one hundred dollars ($100), and in addition to the fine im- posed therefor his license as such driver or owner of such vehicle shall be revoked by the mayor of said city, if such revocation shall be recommended by the judge of the muni- cipal court or the corporation attorney. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed. (Ord. No. 760, approved March 15, 1887, §§ 1, 2.) 418. Same — Owner or driver shall not 'refuse to convey — Penalty for neglect — Pay in advance. — No owner or driver of any vehicle, licensed as aforesaid, shall refuse to convey in said city any person with or without baggage, as aforesaid, when applied to for that purpose ; or, having undertaken to convey such person, shall omit or neglect so to do, under the penalty of ten dollars ($10) for each offense, but any owner or driver may first demand his pay in advance. (Ord. No. 376, approved March 18. 1881, § 23.) 419. Same — Duties of policemen. — It shall be the duty of the several officers and members of the police department to see that all the ordinances regulating vehicles for the convey- ance of persons for hire are strictly complied with, and any policeman shall have power and authority to order away from the stands and from all other places any vehicle not provided with a number or with lamps fixed up, lighted and numbered, 159 as hereinbefore required, or not furnished with proper and suitable harness or horses, or whenever the same shall be im- properly obstructing" the way or street, or whenever the horses attached thereto are unruly, or whenever the driver or person having charge of any such vehicle is intoxicated, or in any manner misbehaves himself. (Id. §24.^ 420. Same — Penalty for neglect to obey orders of police. — If any person having charge of such vehicle, shall refuse or neglect to obey any such order of the said chief or other police officer, he or they shall forfeit and pay for every such offense the sum of ten dollars ($10), to be recovered from the owner or driver of such vehicles, and respectivelv. (Id. §25.) 421. Same^Sleighs — Provisions of ordinance to apply to — Exception. — All the provisions and penalties of this ordi- nance, except those requiring lamps, shall apply to sleighs which shall come upon or use the public stands or other places in this ordinance designated for them, and to the owners and drivers thereof, to be used or driven for the con- veyance of passengers for hire in this city, and said owners or drivers of vehicles are hereby permitted to use Weighs when feasible, in place of such coaches and cabs. (Id. §26.) 422. Same — Number, name, etc., to be given when re- quested — Penalty. — Every owner or driver, or person having charge of any licensed vehicle, shall upon being requested so to do. give to any person or persons the number of ids ve- hicle, the name of tin- owner and driver thereof, and their of abode and stable; and any such person refusinj [o shajl hi- subjeel to a line of net less than ten dollars ($10) For each and every offense. ' fid. §27.) 423. Same — Driver must not be under sixteen. — No per son under the age of sixteen (16) years shall be permitted I as driver of any licensed vehicli fid. § 30.) 160 424. Same — Police may order removal, when — Neglect to obey. — The chief of police and the several officers and mem- bers of the police department shall have power and authority to order the driver or the person having charge of any vehicle to remove such vehicle away from any place in any of the streets, which, in his or their opinion, may be improperly in- cumbering such street, or obstructing or impeding the public travel ; and any and every person neglecting or refusing to comply with or obey any such order, shall be deemed guilty of a violation of this ordinance. (Id. §32.) 425. Same — Accidents from collisions — Duty of Driver — Penalty. — If any accident or injury shall happen to any per- son, vehicle, or other thing, by reason of coming in contact with any licensed vehicle, or the horse or horses attached thereto, or anything loaded thereon while the same is mov- ing, it shall be the duty of the person driving or having charge of the same to immediately stop, and if necessary, render his assistance, and to give his name and residence, and to give the number of the vehicle he was driving, and the name and residence of the owner thereof, under the penalty of fifty dol- lars ($50), to be recovered from the driver of any such vehicle. (Id. §33.) 426. Same — Not to be driven on sidewalks — Not to stop on crosswalks, etc., to obstruct travel — Not to be crosswise of street — Exception. — It shall not be lawful for any person driving or having charge of any licensed vehicle to drive or back any such vehicle onto the sidewalk of any of the streets of said city, or to stop any such vehicle on any of the cross- walks or intersections of streets, so as to obstruct or hinder the travel along such crosswalks or intersections of streets, or to place any such vehicle crosswise of any street of said city except to load thereon or unload therefrom ; but in no case shall it be lawful for any person to permit such vehicle to remain crosswise of any street for a longer period than may be actually necessary for such purpose. (Id. §34.) 161 427. Same — And drays, carts, etc. — Number of vehicles — Regulations. — It shall not be lawful for any person to keep, use, drive or employ any cart or other vehicle with numbers or figures thereon similar to or resembling the numbers on public vehicles, or for any person licensed to keep public ve- hicles to place or have any number for which he may have received license on more than one vehicle, or to use more vehicles as public vehicles than he may have license for. (Id. §36.) 428. Same — And drays, carts, etc., — Standing adjacent to depot or wharf, how regulated — Penalty — Within twenty feet of street crossing — Penalty. — The owner or driver of any hackney coach, omnibus, cab or other carriage for the con- veyance of passengers', or of any public cart or other carriage for the conveyance of baggage, luggage, or other merchandise, who shall make any stand or stopping place, with or without his vehicle while waiting for employment, at any place on any street or public grounds adjacent to any railroad or rail- way depot, or steamboat landing, or wharf, other than the place or places designated by the persons having charge of such depot, or by the chief of police, shall be subject to the penalty of not less than five dollars ($5) nor exceeding one hundred dollars ($100) for each and every offense. Nor shall any such owner or driver make such stand or stopping place either within or without the limits designated in this ordi- nance, within the distance of twenty (20) feet of any street crossing, under the penalty of ten dollars ($10) for each and every offense. I Id. §39.) 429. Same — And drays, carts, etc. — Depots and wharves — Vacant places — No preference, between vehicles of same class — Vehicles of each class to be kept together. — All owners or drivers of licensed vehicles for the conveyance of engers, baggage, luggage or merchandise, taking their stands with their vehicles at such places designated !>\ the >ns having charge of depots, as provided in section thir- ty-nine (30) of this ordinance, shall have I he right tO stand on any vacant place within the limits of the places designated, L62 .md no preference shall be shown between different vehicles of the same class as to the choice of positions within such limits; but different places may be designated for omnibuses, for other carriages for passengers, and for drays and baggage wagons, so as to keep each class of vehicles together. (Id. § 40.) 430. Same — Conveying to house of ill-fame — Deception as to railroad or other ticket — Penalty. — It shall be unlawful for any owner or driver of any licensed vehicle to convey any person, without his request, to any place or house of ill-fame, or deceive any person in relation to any railroad or other ticket or voucher for conveyance which is worthless, or make any false representation or statement in regard to any voucher or ticket for conveyance that may be shown to him, under the penalty of not less than ten dollars ($10) for each and every offense. (Id. §41.) 431. Same — Refusing to give name — Abusing or deceiving passenger — Penalty. — Xo owner or driver of any licensed vehicle shall refuse to give his name, on request of any per- son, or impose upon or deceive any person in any manner or form, or strike, threaten, insult or otherwise abuse or ill-treat any passenger under any pretense whatever, under the pen- alty of not less than twenty-five dollars ($25) for each and every offense. (Id. § 42.) 432. Same — Misinforming and misleading as to arrivals of cars, etc., or as to locations — Penalty. — No owner or driver of any licensed vehicle shall induce anybody to employ him by either knowingly, wantonly or ignorantly misinforming or misleading such person, either as to the time or place of the arrival or departure of any railroad car, steamboat or other public conveyance whatever, or the location of any railroad depot, office, station or any railroad ticket office, or the loca- tion of any hotel, stage office, public place or private residence within the said city, under penalty of ten dollars ($10) for each and every offense. (Id. § 43.) 163 433. Same — Falsely representing vehicle as belonging to bouse, railroad, etc. — Penalty. — It shall be unlawful for any such licensed owner or driver to induce any person to ride in or employ his vehicle, by falsely representing his vehicle to such person as running for, or being' in the employ- ment of, a public house, or steamboat line, railroad or stage company, with a view to exact, solicit or obtain fare, .or anything of value from such person, or having so induced any person to ride in his vehicle, to exact, solicit or take fare or anything of value from such person, for conveying him to such public house, or steamboat landing, railroad depot, ticket office, stage company office, or other public place, under the penaltv of not less than ten dollars ($10) for each and every offense. (Id. §44.) 434. Same — Porters and runners to be licensed — Racing — Rate of speed — Keep to the right — Street crossings. — No driver, agent, servant, owner, or owners of any vehicle herein referred to shall act as public porter or runner without a li- cense for that purpose, or solicit passengers, except for such vehicle as he may he licensed for; and no driver of any vehicle shall engage in racing with another, or drive faster than a moderate trot while passing in, along, or through any of the public streets in the city; and all such vehicles shall ke< tin- right when in motion ami passing along any of such pub- lic streets, and shall not drive over any street crossing faster than at a walk. I Id. §45.) 435. Same — Driver to remain on vehicle when moving — Conduct while waiting employment. — It shall not he lawful for tin- driver or oilier person having charge of an\ licensed vehicle, to he off or away from any such vehicle while the same is moving or passing along any of ill or ave nues of said city; nor shall ii he lawful fcjr an) driver "t any vehicle herein mentioned, while waiting for employmenl at any place assigned for his vehicle, to stand waiting foi ploymenl at any other'place, or to -nap or flourish his whip, or to be more than five (5) feel awai from his vehicle, or i" 164 sit or stand about the doorsteps, or platform, or in front of any house, store or other building. (Id. §46.) 436. Planks, poles, timber, etc., hauling of. — It shall not be lawful for any public cartman or an}' other person to cart or transport through any of the streets of said city, any planks, poles, spars, timber or other thing exceeding thirty (30) feet in length, except on a suitable truck or other vehicle, and such planks or other thing shall be placed lengthwise thereon, so as not to project at either end beyond the line of the side or width of such truck or other vehicle ; and all per- sons carting or transporting any poles, planks, timber, spars or other things in any other manner, shall be deemed guilty of a violation of this ordinance. (Id. § 37.) 437. Penalty — Conflicting ordinances repealed. — Any per- son who shall violate any clause or provision of any section of this ordinance, or who shall neglect or fail to comply with my or either of the requirements thereof, shall, on convic- tion, excepting as is herein otherwise provided, pay a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100), and shall forfeit his license. 438. Conflicting ordinances repealed. — All ordinances and parts of ordinances conflicting with any provision of this or- dinance are hereby repealed. (Id. §§47, 48.) 439. Carts, trucks, etc., for hauling goods — Regulations. — No person or persons shall let for hire or keep or use for hire upon the streets within the City of St. Paul any cart, truck, wagon or other vehicle for the hauling or carrying of goods, wares or merchandise within said city, unless in pursuance of the regulations hereby established. (Ord. No. 1837, approved Sept. 5, 1895, § 1.) 440. Same — To be registered with city clerk. — Every cart, truck, wagon and other vehicle for the hauling and carrying of goods, wares and merchandise within the City of St. Paul which shall be let or kept or used for hire upon the streets of 165 said city, shall before being so let, kept or used, first be regis- tered in the office of the city clerk thereof, and shall thereafter be so registered on the 1st day of January of each and every succeeding year during any part of which such vehicle is so let, kept or used. (Id. §2.) 441. Same — City clerk to keep register — Registry num- ber — Name of owner or driver — May be changed. — The city clerk shall keep a register m which upon payment of the fee hereinafter required, shall be listed a description of each ve- hicle so registered, with the name of the owner and of the driver thereof, and with the date of registration, and with a separate and distinct number designating each several ve- hicles so registered. Such number, which is hereinafter re- ferred to as the registry number, shall as nearly as possible remain the same for each vehicle from year to year. Upon payment of the further fee -hereinafter required the name of the owner or of the driver may be changed upon such register. In order to ascertain the name of the true owner or of the actual driver of any vehicle which it is proposed to register, the city clerk may examine the person making the application upon his oath. (Id. §3.) 442. Same — Name and number to be on vehicle. — Every vehicle described in section two (2) hereof shall have con- spicuously fixed upon tin' outside thereof the name of the owner and the registry number then (Id. § 1.) 443. Owner or driver to be registered — Driver's badge. — No person shall drive or use such vehicle for hire unless he be at the time actually registered as the owner or driver thereol : and the driver of ever) such vehicle shall while soliciting oi ged in the business ,,f hauling or carrying as aforesaid with such vehicle, wear conspicuousl} a badge of silver plate or plated metal, rectangular in form, havfng plainly engraved thereon tin- word "dray" or "express," or Other word indnat ing the kind of vehicle driven by him. and als.. the registry number thereof. The badge shall be worn upon the bi 166 of the coat in such manner that it may not be hidden by ac- cident or by design. (Id. §5.) 444. Same — Registration fee — Fee for changing name of owner or driver. — There shall be paid to the city clerk for the use of said city the sum of one dollar ($1) as a fee for the registration of every vehicle herein required to be registered, both when such vehicle is first registered and upon the re- newal of such registration in each succeeding year thereafter, as hereinbefore provided ; and there shall be paid the further fee of one dollar ($1) upon the changing of the name of the owner or of the driver of such registered vehicle upon said register. ■ (Id. §6.) 445. Same — Rates for hauling. — The price or rate to be charged for the carrying or hauling of goods, wares and mer- chandise, and for the loading and unloading of the same by the owner or driver of such vehicles, shall be as follows : First — For loads not exceeding five hundred (500) pounds weight, fifty (50) cents, except merchandise. When the distance exceeds one (1) mile, twenty-five (25) cents for each and every additional mile. Second — Over five hundred (500) pounds, fifty (50) cents for every additional five hundred (500) pounds or fraction , thereof, except merchandise. Third— Household furniture, per load or one-horse truck, within two (2) miles, one dollar ($1). When the distance ex- ceeds two (2) miles, an extra twenty-five (25) cents for each and every additional mile. Fourth — For a double truck load within two (2) miles, one dollar and fifty cents ($1.50). When the distance exceeds two (2) miles, fifty (50) cents extra for every additional mile. (Id. §7.) 446. Same — May stand at what places. — No owner or driver of any vehicle aforesaid shall wait upon the streets for employment with such vehicle at any place other than as herein specified, as follows, to-wit : On Ninth street, between 167 Cedar street and Minnesota street ; on Minnesota street, be- tween Ninth street and Tenth street; on the west side of Wacouta street, between Fifth and Sixth streets; and on Wa- conta street, between Third street and the Union depot ; and at such other points as the common council may by resolution hereafter designate and determine. (Id. §8.) i As amended by Ordinance No. 2463, approved Aug'. 5, 190-4.) 447. Same — Name, address and number to be given when requested. — Every owner and driver of any vehicle aforesaid, and every person having charge thereof, shall, upon being re- quested so to do, give to any person or persons the number of such vehicle, the name of its owner and of its driver, and their place of abode and stable. (Id. §9.) 448. Same — Police may order removal and must enforce ordinance. — The officers of the police department shall have power and authority to order and cause the driver or person having charge of any vehicle aforesaid, to remove such vehicle from any place in any of the streets when and where such ve- hicle shall obstruct public travel; and the officers of the said department are hereby charged with the enforcement of all the provisions of this ordinance. ( Id. §10.) 449. Same — Accidents from collision — Duty of Driver. — If any accident or injury shall happen to any person, vehicle or other thing, by reason of coming in contact with any ve- hicle aforesaid, or with any animal attached thereto, or with anything loaded thereon, the person driving or having charge of such vehicle shall immediately stop, and if necessary render stance, and give his name and resilience, and the number of such vehicle and the name and residence of the " thereof, to any person concerned in such accident or injury. (Id. § 11.) 450. Same — Numbers and names on vehicles — Regula- tions — Only registered vehicles to be used. — Mo person shall keep, use or drive for hire an} carl or other vehicle afore aid 168 with numbers, figures or name thereon similar to the num- bers, figures and names required herein to he fixed upon vehicles registered as aforesaid, unless such vehicle shall be actually registered as herein provided ; and no owner or driver of a registered vehicle shall place the registry number thereof on any other vehicle, nor shall he use more or other vehicles for the purposes hereinbefore indicated than such as shall be actually registered as hereinbefore provided. (Id. § 12.) 451. Same — Refusing to haul — Excessive charge. — No person driving any such registered vehicle shall refuse to convey, haul or carry within said city the baggage, goods or merchandise of any person, unless actually engaged wdien ap- plied to for that purpose ; nor having undertaken to convey, haul or carry such baggage, goods or merchandise, shall he omit or neglect so to do ; nor shall he ask, take or exact from any person desiring to have or who has had conveyed to any place in said city such baggage, goods or merchandise, as the price or rate of fare for such conveying, hauling or carrying, any grca-er price or rate of fare than that hereinbefore es- tablished. (Id. § 13.) 452. Same — Misleading as to arrival of cars, etc., and as to locations. — Xo owner or driver of any such registered vehicle shall induce any person to employ him or to hire such vehicle by misinforming or misleading such person as to the time or place of the arrival of any railway car, any boat, or other public conveyance, or as to the location of any railway sta- tion, office or depot, or as to the location of any hotel or other public place, or any private residence within said city. (Id. § 14.) 453. Same — Driver not to be away from vehicle when moving. — No person driving or having charge of any such registered vehicle shall be off or away therefrom while it is passing through or along any highway of said city. fid. §15.) 454. Same — Penalty. — Every person who shall violate any provision of this ordinance, or who shall neglect or fail to 160 complv with any provision or requirement thereof, shall, up- on conviction thereof, be deemed guilty of a misdemeanor and shall be punished by a fine of not less than five (5) or more than one hundred (100) dollars. (Id. § 1G.) 455. Repeal of ordinances — Substitution. — Ordinance number three hundred and seventy-six (376) of the City oi 'St. Paul, entitled "An ordinance in relation to hackmen, dray- men, expressmen and other persons engaged in carrying pas- sengers, baggage and freight," approved March 21, 1884, is hereby repealed in so far as the same concerns or affects the vehicles hereinbefore described or the persons hereinbefore mentioned; and for the provisions of said ordinance number three hundred and seventy-six (376) concerning, affecting or relating to the vehicles, persons and things hereinbefore men- tioned and described, the provisions of this ordinance are in all things substituted; and all other ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Id. § 17.) 456. Asphalt pavements — Hackmen, expressmen not to permit team to stand on, how long. — No hackman, express- man or baggageman or any person engaged in any of said lines of business, shall cause or permit the horse or team owned by him or in his custody and engaged in said business tand upon any asphalt pavement in the City of St. Paul while awaiting custom, or while attached to any hack, dray, baggage or express wagon, for any consecutive period of time eding one-half (]A) hour, except only when such person may be actually engaged in loading or unloading such vehicle above named. (Ord. No. 1822, approved June Is, L895, § L.) 457. Same — Penalty. — Any person violating any of the provisions of this ordinance shall he fined in a sum nol than five ' 5 1 nor more than twenty five (25) dollars, or be imprisoned in the city workhouse for a period of nol less than five ' 5 i nor more than thirl v | 30 I d • Id. §2 170 458. Same — No person shall permit team, etc., to stand on, how long. — Xo person shall cause or permit any horse, team or loaded wagon, owned by him or in his custody, to stand upon any asphalt pavement in the City of St. Paul for any consecutive period of time exceeding one-half ( l / 2 ) hour, except only when such person may be actually engaged in loading or unloading such vehicle. (Ord. No. 1839, approved Sept. 19, 1895, § 1.) 459. Same — Penalty. — Any person violating any of the provisions of this ordinance shall be fined in a sum of not less than five (5) nor more than twenty-five (25) dollars, or be imprisoned in the city workhouse for a period of not less than five (5) nor more than thirty (30) days. (Id. §2.) 460. An Ordinance defining, restraining, regulating and licensing draymen, cabmen, cartmen, hackmen, omnibusmen and others engaged in carrying pas- sengers, baggage and freight by means of convey- ance. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. No person or persons, firm or corporation shall hereafter let or keep or use for hire, upon the streets of the City of St. Paul, any vehicle of any description or name what- soever, for the conveyance of passengers, without having first obtained a license so to do, in the manner hereinafter required and provided. 461. Sec. 2. Duty of city clerk. — It shall be the duty of the_city clerk annually, upon application therefor and com- pliance with the terms hereof, to issue certificates of any and all licenses granted, to any person, persons, firm or corpora- tion, applying for the same, to let, keep or use for hire, upon the streets of the City of St. Paul, vehicles for the convey- ance of passengers upon the payment by the applicant to the City Treasurer of the sum of two dollars ($2). as a license fee therefor, and the presenting to the city clerk of the re- ceipt from the city treasurer on account of such payment ; 171 for such license, shall issue same, to be subject, however, to the terms and conditions of this ordinance. (As amended by Ord. No. 2232, approved Dec. T. 1901.) 462. Sec. 3. Register to keep. — The city clerk shall keep a register in which shall be kept a list of the names of all persons to whom licenses are granted under the terms hereof, together with the date of their issuance, the numbers of those licenses and a description of each vehicle so licensed, and shall issue and deliver at the same time that the certificate of license is issued to each person, firm or corporation licensed under the terms hereof, two badges numbered to correspond with the number of the license so issued, one of which said badges shall be designated by the term "driver," and the other of which said badges shall be designated by the term "conveyance." 463. Sec. 4. Certificates — How issued. — The certificate of each license so issued under the terms hereof shall contain the name of the licensee, the date of its issuance, the num- ber of the license and a description of the vehicle which the licensee is permitted to operate under its terms, and no such certificate or license shall be issued to authorize the oper- ation by the licensee of more than one such vehicle or con- veyance under its terms. 464. Sec. 5. Badges on vehicles. — Every owner or driver of any licensed vehicle shall forthwith cause the "convey- ance" badge hereinbefore provided for to be attached to the vehicle to be operated by him, tinder the terms of any license granted to him under the terms hereof, in a conspicuous place where the same may be readily seen, and the driver of any such vehicle shall at all times wear, in a conspicuous place upon his person the "driver" badge, authorized under the term- hereof. r». This ordinance shall take effeel and be in force from and after it- passage, approval and publication n ird. No. -.'i; ;. approved March 80, L901.) 172 HEALTH DEPARTMENT. (See, also. Garbage.) 465. Physician — Contagious diseases — Defined — Physi- cian to report his name, etc. — That the word "physician" shall include dentists and every other person who practices about the cure of the sick or injured, or who has charge of or professionally prescribes, for compensation, for any person sick, injured, or diseased; that the phrase "contagious disease" shall be held to include all persons sick, affected or attacked by or of a disease of infectious, contagious or pestilential nature, and also any other disease publicly declared by the commissioner of health dangerous to the public health ; and every physician in said City of St. Paul shall at all times cause his or her name, office, and residence, and also his or her kind and class of practice to be registered with the department of health, and in a manner according to its regulations. (Ord. No. 809, approved July 21, 1887, § 1.) 466. Contagious disease — Physician to report. — That every physician shall report to the Commissioner of Health of the City of St. Paul, in writing, every person having a contagious or infectious disease, such as cholera, yellow fever, scarlet fever, typhus fever, smallpox, varioloid, diph- theria, membraneous croup, or any of the grades of such diseases (and the state of his or her disease, and his or her place of dwelling, and name, if known), which such physi- cian has prescribed for or attended for the first time since having such disease during any part of the preceding twenty- four (24) hours; but not more than one (1) report shall be required in one (1) week concerning the same person; but every attending or practicing physician thereat must at his peril see that such report is or has been made by some attending physician. (Id. § 2.) 467. Same — Death from — Physician to report. — That it shall be the duty of each and every practicing physician in the city to report in writing to the department of health the 173 death of any of his patients who may have died in said city of contagious or infectious diseases within twenty-four i 2 1 I hours thereafter, and to state in such report the specific name and tvpe of such disease. (Id. § 8.) 468. Same — Neglected person to be reported. — That it shall be the duty of every person knowing of any individual in said city sick of any contagious disease (where such per- son shall have reason to regard such individual as neglected or not properly cared for, and to avoid giving said disease to others), and the duty of any physician hearing of any such sick person, whom he shall have reason to think re- quires the attention of the department of health, to at once report the facts to the said department of health in regard to the disease, condition and dwelling place or position of such sick person. (Id. § 1.) 469. Same — Death — Regulations concerning. — Upon the death of any person affected or sick with any disease named or provided for in section two (2) of this ordinance, the fol- lowing regulations must be observed: The remains of said person must be thoroughly disinfected and exposed to the view of no one except those absolutely necessary in prepar- ing the body for burial, and be placed in a hearse (but no other vehicle), which must not be accompanied by more than two (2) vehicles, and shall be taken directly from the place of death to the place of burial. (Id. § 5.) 470. Same — Death — Burial within twenty-four hours. — The burial of any person who may die of any of the diseases named or provided for in section two (2) of tin's ordinance, must take place within twenty four (24) hours after such death, and when practicable should take place in the night, i l«l. § 6.) 471. Same — Conveyance of patient from place to place — Permit — Disease not to be spread. — That no person shall, within the city, without a permit from the commissioner "f i; i health, carry or remove from one building to another, or from any vessel to the. shore, any person sick of any con- tagious disease ; nor shall any person by any exposure of any individual sick of any contagious disease, or of the bod)'" of such person, or by any negligent act connected therewith, or in respect of the cure or custody thereof, or by a needless exposure of himself, cause or contribute to promote the spread of disease from any such person, or from any dead body. (Id. § 7.) 472. Same — Parents and others not to permit children to be exposed to. — That no parent, master or custodian of any child or minor (having the power and authority to prevent) shall permit any such child or minor to be unnecessarily exposed, or to needlessly expose any other person to the taking or to the infection of any contagious disease. (Id. § 22.) 473. Same — Attendance at school — Regulations. — That no child, minor, or person from any house where any person or persons is sick or affected with any of the diseases named or provided for in section two (2) of this ordinance, shall attend any public, private, or sectarian school in this city until the recovery or death of said sick person or persons, and in either event the aforesaid child, minor, or person shall be provided with a written statement by the attending physi- cian, if any, and if not, then by the commissioner of health, certifying to their non-contagiousness, which statement must be presented to the principal or teacher of said public or pri- vate school before said child, minor, or person will be allowed to return. fid. § 8.) 474. Same — Same. — Tt shall be the duty of all physicians, upon discovery of any contagious or infectious disease, to instruct the parents or guardians of any child or minor who may be residing at the infected premises, of the provisions of the above section. And it shall be the duty of any principal or teacher of any public, private, or sectarian school in this 175 city to report at once to the department of health, in writing, any violation of the above section. (Id. § 9.) 475. Same — Boarding house keepers, hotel keepers, lodg- ing house keepers to report. — That every keeper of every boarding house, or lodging house, and every innkeeper and hotel keeper shall, within twenty-four (24) hours, report, in writing, to the commissioner of liealth the same particu- lars as is required of any physician concerning any person being at any of the aforesaid houses or hotels and attacked with any contagions disease. (Id. § 11.) 476. Same — Managers of institutions to report once a week. — That the commissioner, manager, principal, or other proper head officer of each and every public or private insti- tution in said city, shall, once in each week, report in writing (or cause such report by some proper person to be made once in each week) to the commissioner of health, and state therein the name, if known, and condition and disease of any and every person being thereat and sick of any conta- gious disease. ( Id. § 12.) 477. Same — Sick persons from steamboat or vessel — Duties of boarding and lodging house keepers. — That the keepers, lessees, tenants, and owners of every boarding house and lodging house, shall, within six (6) hours after the facts shall conic to his of her or their knowledge, notify the com missioner of health, in writing, of the fad of an) man or person lately from any steamboal or vessel being taken sick m'Ii house, and shall in such notice state where such sick person may be found, and from what vessel and when he came, to the besl of the knowledge of the person or persons giving such nol ii (Id. § L3.) 478. Same — Funeral Obsequies — Permit — Conditions. — When funeral obsequies are di ired iii an) death from any contagious or infectious mmissioner of health L76 shall grant a permit for that purpose, subject to the following conditions: That the body be placed in a metallic casket, which shall be hermetically sealed at once and shall not be opened afterwards. That the room containing the same sha!l be funvgated with sulphur for at least six (6) hours before the funeral takes place and disinfected with approved disinfectants such as are not injurious to furniture or wear- ing apparel That this shall be done under the personal supervision of an officer from the health department, who shall be detailed for that purpose by the commissioner of health, and whose directions shall be obeyed. (Id. § 14.) 479. Same — Fumigating, cleaning and disinfecting after death or convalescence. — That upon death or convalescence of any person or persons affected or sick with any of the diseases named or provided for in section two (2) of this ordinance, the commissioner of health shall at once cause the room or rooms used by — and those in the immediate vicinity of — said person or persons, together with contents of said room or rooms, to be thoroughly disinfected, cleansed, fumi- gated, or whatever in his discretion may be deemed neces- sary in order to prevent a further spread of the disease, even in extreme cases to destroying said contents of said rooms. All this to be done at the expense of the owner, when he or she is able, and when he or she is not, then at the expense of the city. (Id. § 15.) 480. Same — Persons quarantined or in smallpox hospital not to leave without permission. — That no person or persons who have been affected or sick with any of the diseases named and provided for in section two (2) of this ordinance who have been quarantined or isolated in any place within the jurisdiction of the city of St. Paul, or placed in the small- pox hospital by the health department of the city of St. Paul, shall be allowed to leave such quarantine or smallpox hospital without permission of the commissioner of health. (Id. § 16.) 481. Interments — Certificate of physician or coroner — Un- dertaker to forward to commissioner of health* — Proviso as to contagious disease. — That whenever any person shall die within the city of St. Paul it shall be the duty of the physician attending such person during his or her last sickness, or of the coroner of the city when the case comes under his official notice, to furnish and deliver to the undertaker, or other per- son superintending the burial of said deceased person, a certificate, duly signed, setting forth., as far as the same may be ascertained, the name, age, color, sex, nativity (giving state or county), occupation, whether married or single, dura- tion of residence in the city of St. Paul, cause, date and place of death (giving street and number), and duration of sickness of said deceased person. And it shall be the duty of the undertaker or other person in charge of the burial of said deceased person, to forward it to the commissioner of health within twenty-four (24) hours after such death. Provided, that in case of death from any infectious or contagious dis- ease, said certificate shall be so made and forwarded within twelve (12) hours thereafter. (Id. § 17.) 482. Interments, disinterments, or other disposition not to be made without permit — Duties of sextons or others in charge of burying grounds. — That no interment or disinter- ment of the dead body of any human being, or disposition thereof in any tomb, vault or cemetery, shall be made within the city of St. Paul without a permil therefor granted by the department of health of said city, nor otherwise than in accordance therewith. And no sexton or other person shall assisl in or assenl or allow any such intermenl or disinter merit to be made until such permit shall be given as afon said; and it shall be the duty of every sexton or other per- son having charge of any burying ground, cemetery, tomb, or vault, as aforesaid, who shall receive an) such permit, to pn • i • and return the same to the commissioner of health. together with a full reporl on blanks which will be furni bun for that purpose at the end of every month: and no sex- ton, undertaker, or other person hall bury, or cause to be 178 buried, the body of any deceased person within the city of St. Paul, except in such grounds as are now known and used as burial grounds, or such as shall hereafter be by law desig- nated and authorized to be used as such. (Id. § 18.) 483. Dead body not to be conveyed without permit — Pro- viso. — That no dead body, or part of the dead body of any human being, shall be in any manner carried or conveyed from, in, to or through the city of St. Paul by any person or by means of any boat, vessel, car, stage, or other vehicle, or by any public or private conveyance, without a permit therefor first granted by the department of health of said city. Provided, that the same effect may be given by said de- partment to a burial or transit permit issued by the proper authority of any other place or jurisdiction when the death of the person named in the permit shall have occurred within such place or jurisdiction. (Id. § 19.) 484. Duty of commissioner and coroner when burial per- mit is applied for without physician's certificate. — That when- ever a permit for burial is applied for. in case of death with- out the attendance of a physician, or if it be impossible to obtain a physician's certificate, it shall be the duty of the commissioner of health to investigate the cause and circum- stances of such death, to make and sign the certificate required by section fifty-nine [sic] of this ordinance, and if not satisfied as to the cause and circumstances of such death, he shall refer the case to the coroner of the city for investi- gation and report, and said coroner is hereby required to make such investigation and report. (Id. § 20.) 485. Unlawful for undertaker and others to take remains of persons dead of contagious diseases into church, etc. — It is hereby declared unlawful for any undertaker, parent, or guardian to take the remains of any person who died of any of the diseases named in section two (2) of this ordinance, into any church or public building for the purpose of holding funeral services over the remains of said person. (Id. § 67.) 179 486. Clergymen shall not allow body of person dead of contagious diseases into church, etc. — No clergyman shall allow the body of any person dead of smallpox, yellow fever, diphtheria, scarlet fever, membraneous croup, or any other contagious or epidemic disease, to enter any church with which said clergyman may be connected; and it is hereby declared unlawful for any clergyman to hold public services in any church or private dwelling-house, over the remains of anv person dead of any of the aforementioned diseases, or either of them. (Id. § 68.) 487. Physician, accoucher, midwife, undertaker, person in charge of cemetery, must register. — That it shall be the duty of every physician, accoucher, midwife, undertaker, sexton, or superintendent of any cemetery, or person having charge of the same, practicing medicine or doing business within the city of St. Paul, to register his or her name in a book or books to be provided for such purpose at the office of the depart- ment of health of said city, giving full name, residence and place of business, and in case of removal from one place to another in said city, to make change in said register accord- ingly. (Id. § 10.) 488. Vaccination — Parents, guardians, etc., to compel as far as possible — That every person being the parent or guard- inn, or having the care, custody, or control of any minor or other individual shall (to the extent of any means, power, and authority of said parent, guardian, or other person that could properly be used or exerted for such purpose) cause and procure such minor or individual to be so promptly, Fre rpiently, and effectively vaccinated that such minor or indi- vidual shall not take, or be liable to take, the smallpox. (Id. § 21.) 489. Same — Principal or teacher of school not to admit or retain child who has not been vaccinated within seven years. — That no principal of any school, and no principal or teacher of any private, sectarian, or other school, shall admit to any such school any child or minor who shall nol have been vac- 180 cinated within seven (?) years next preceding the admission or application for admission to any such school of such child or minor; or shall an)' such principal or teacher retain in or permit to attend any such school, any such child or minor who shall not have been vaccinated within seven (7) years next preceding the taking effect of this article. (Id. § 23.) 490. Same — Evidence ifor teacher, what. — The evidence of such vaccination to be presented to any such principal or teacher, as is mentioned in the preceding section, shall be a certificate signed by the commissioner of health or any physi- cian duly licensed by the state board of examiners. (Id. § 24.) 491. Same — Commissioner to visit schools, etc. — The com- missioner is hereby empowered to visit any and all public and private schools in the city, and to make or cause to be made an examination of the children and minors in attend- ance therein as often as he may deem necessary to secure compliance with the provisions hereof. (Id. § 25.) 492. Same — Penalty for violation of provisions by prin- cipal or teacher. — Any principal of a public school, or prin- cipal or teacher of any private or other school, who shall violate any of the provisions of section twenty-three (23) of this ordinance, or shall in any way prevent or attempt to prevent the commissioner of health from exercising the power conferred on him by section twenty-five (25) of this ordi- nance, shall be, upon conviction, liable to the penalty herein- after described. (Id. § 26.) 493. Cellars, vaults, private drains, cesspools, privies, sewers, not to become offensive. — That no person shall suffer or permit any cellar, vault, private drain, cesspool, privy, or sewer, upon any premises belonging to or occupied by him or her within the limits of the city of St. Paul, to become nauseous, offensive, or injurious to the public health. (Id. § 2?.) 181 494. Water closets, privy vaults and cesspools — To be con- nected with sewer when practicable and provided with traps, etc. — Duty of owner as to obstructions and exhalations, etc. — Every water closet, privy vault, or cesspool shall be properly connected with a public sewer when practicable, which con- nection shall be in all parts adequate for the purpose, as to permit entirely and freely to pass whatever enters the same ; and all such water closets, privy vaults, or cesspools shall be provided with proper traps, ventilating pipes, tight pipes for connecting with house sewer, sufficient water and other means for flushing the same, and every owner, lessee, and occupant shall take adequate measures to prevent improper substances from entering such water closets, privy vaults, or their connections, and to secure the prompt removal of any improper substances that may enter therein, so that no accumulation shall take place, and so as to prevent any exhal- i therefrom, offensive, dangerous, or prejudicial to health, and so as to prevent the same from being or becoming ob- structed. (Id. § 49.) 495. Same — When not connected, to be walled up, how — Not to be within twenty feet of house or street, etc. — Nui- sances declared. — When not connected with any sewer, all water closets, privy vaults, or cesspools shall be walled up or cemented on sides and bottom in such a way that they will he impervious to water. v Said bottom shall he at least six ((')) feet below the level, and they shall be provided with proper ventilating pipes and covers, subjeel to the approval of the building inspector; and no water closet, priv\ vault, Or cesspool shall he SO constructed within twenty (20) fed of any house, residence, or building without a permit from the owner or agenl of said house, residence or building, or within twenty (20) feet of tile line of an\ public street. Provided, thai all water closets, privj vaults, cesspools, or private drains alread) built or constructed thai do nol con form with the provisions of section-, foil \ nine I 19) and fifty (50) of tins ordinance are hereb) declared a nuisance, and the owmr or agenl of said water closet, privy vault, or L82 pool or private drain, shall, upon being notified by the commissioner of health, in writing, proceed at once to abate said nuisance according to the regulations of sections, forty- nine ("49) and fifty (50) of this ordinance. (Id. § 50.) 496. Privies — Within twenty feet of street, house, or well, a nuisance, unless, etc. — It shall constitute and is hereby declared a nuisance for any person to erect or maintain a privy as near as twenty (20) feet to any street, dwelling, shop, or well, unless the same be furnished with a substan- tial vault six (6) feet deep and made water tight, so that the contents cannot escape therefrom, and sufficiently secured and enclosed. (Id. § 42.) 497. Same — To be kept cleaned — Notice — Expense. — It is hereby made the duty of the owners of property to keep all privy vaults on property owned by them clean, and to promptly clean them whenever notified to do so by an assist- ant health inspector of the department of health ; and any expense incurred in cleaning vaults shall be paid by the owner of the property, or his agent, and all disputes between the owners, of such vaults and tenants shall be adjusted between themselves — the .city looking to the owner for any expense incurred by reason of such cleaning. (Id. § 72, as amended by Ord. No. 2171, approved February 9, 1901, § 1.) 498. Same — To be cleaned once a year or oftener — Emit- ting smells declared nuisance. — All privies must be cleaned out at least once in each year, or oftener if so required by notice from the commissioner of health of the city of St. Paul, or by the assistant health inspector, and all privies emitting smells and odors prejudicial to'- the public health are hereby declared nuisances, and the department of health, commis- sioner of health, or any assistant inspector, shall have power to abate the same. (Id. § 43, as amended by Ord. No. 1561, approved Dec. 8, 1891, § 1.) 183 499. Privies, vaults, sinks, cesspools — Contents to be re- moved according to permit, etc. — That neither the owner, lessee, agent, or occupant of any building or premises in the city of St. Paul shall employ, cause, or permit any part of the contents of any vault, privy, sink, or cesspool (being thereon, and of which he has control), to be removed unless accord- ing to permit or the regulations of said department of health. (Ord. Xo. 809, approved July 21, 1887, § 54, as amended by Ord. No. 1561, approved Dec. 8, 1891, § 1.) 500. Distiller, soap boiler, meat packer and others not to permit nauseous liquors, etc., to flow into streets, etc. — Xo dis- tiller, tanner, brewer, soap boiler, tallow chandler, meat packer, dyer, livery-stable keeper, housekeeper, or other person shall discharge out of, or permit to flow from, their still house, tannery, brewery, manufactory, shop, packing house, stable, or other place, any foul or nauseous liquors, slops, or sub- stance whatever into any private ground, street, lane, or public ground within said city. (Ord. No. 809, approved July 21, 1887, § 28.) 501. Soap boiler and others not to keep putrid fat, etc. — Undressed hides, how long kept. — No soap boiler, tallow chandler, candle or oil maker, or other person shall keep or use, or cause to be kept or used, any stale, putrid, or stinking fat, grease, or meat ; nor shall any person keep for more than twenty-four (24) hours any undressed hides, except at the place where the same are to be manufactured. ( Id. §20.) 502. Groceries, packing houses, stables, etc., not to become foul. — Xo owner or occupant of any grocery, cellar, tallow chandlery shop, soap factory, tannery, brewery, distillery, pork or beef packing house, stable, or ham, shall suffer the same to become foul, nauseous, or offensive. (Id. § 30.) 503. Dead animals not to be allowed to lie in street, etc. — Dead animal and animal matter, etc., not to be thrown into pool of water. — No owmr or possessor of an) animal which shall have died shall suffer the same to lie on any public IS I ground, street, lane, alley, or any private lot or place within the city ; nor shall any person throw or leave any such animal, or any vegetable or decayed animal matter, or any slops or tilth whatever, solid or fluid, into any pool of water in said city. (Id. § 31.) 504. Dead animals, animal matter, etc., not to be depos- ited unless buried under commissioner's directions. — Xo per- son shall deposit or leave, or cause to be left, or placed, or deposited in any part of said city, any dead animal, or any animal or vegetable excrementative or other substance which is offensive, or which by process of decomposition may become offensive, unless the same shall be buried by the permission and under the direction of the commissioner of health. (Id. § 35.) 505. Owner or occupant of lot or tenement not to permit nuisance. — Xo owner oi occupant of any lot or tenement shall cause or permit any nuisance to be or remain in or upon any lot or tenement, or between the same and the center of the street adjoining. (Id. § 32.) 506. Owners or occupants of premises permitting nuisance — Duty of assistant commissioner — Penalty. — If any person within the limits of the city of St. Paul shall permit or suffer on his, or their premises, or on premises of which he, she. or they may be the occupant or occupants, any nuisance, either by exercising any unwholesome or offensive trade, calling, or business, or by having or suffering or permitting any build- ing, outhouse, sewer, sink, or any putrid or unsound beef, pork, fish, hides, skins, or any putrid carcass, or any un- wholesome substance or thing whatever, to be or remain on premises of which he, she or they shall be the owner or own- ers, occupant or occupants, until by offensive and ill stenches or otherwise, they, or any of them, shall become offensive, hurtful, or dangerous to the neighborhood, it shall be the duty of the assistant health inspector to give notice to such person or persons to remove such nuisance forthwith, and if the owner or owners, occupant or occupants, of premises on 185 which such nuisance shall be situated shall neglect or refuse to remove the same for the space of twenty-four (24) hours after such notice shall have been given, he, she, or they, upon conviction thereof before the municipal court of the city of St. Paul, shall be liable to the penalty hereinafter described, together with the expense of removing such nuisance and the costs of prosecution. (Id. § 33.) 507. Persons permitting nuisance after notice — Duty of assistant commissioner — Penalty. — If any person or persons shall, after notice as aforesaid, permit any such nuisance to remain which shall be manifestly dangerous or improper, it shall be lawful for the assistant health inspector to remove and abate such nuisance, either by removing any putrefac- tion or by draining the premises, o'r by filling them up forth- with under direction of the commissioner of health, and the person or persons permitting the same to remain as aforesaid shall, on conviction thereof, be liable to the penalty herein- after described. (Id. § 34.) 508. Slaughtering animals, rendering animal matter, etc. — Unlawful without permission. — It shall be unlawful for any person, firm, or corporation to carry on the business of slaughtering of animals or rendering of any animal matter, or manufacturing the same into fertilizing material, or chang- ing the form thereof in any manner by the use of heat, steam, fire, chemicals or otherwise, at any place or in any establish- ment anywhere within the city of St. Paul, or within one (1) mile of the limits of said city, except by a permit from com- mon council. (Id. § 37.) 509. Animal matter, unsound — Not to remain in city, etc. — It shall be unlawful for any person, firm, or corporation having the ownership or control of any animal matter which is unsound, or in process of decay, within the city of St. Paul, to permit the same to be and remain while in such condition within said city or within one (1) mile of the limits thereof more than twelve (12) hours after SUoh animal matter shall LSG have become unsound, or after the process of decay shall have l in the same, whether it be at any establishment for the rendering or changing the character thereof within the locality prescribed and designated in the preceding section of this article or elsewhere within the said city, or within one (1) mile of the limits thereof. (Id. § 38.) 510. Slaughtering animals for food, packing, rendering, fertilizer and glue manufacturing, etc. — Unlawful without per- mission. — It shall he unlawful for any person or persons, com- pany, or corporation within the city of St. Paul, or within one (l) mile of the limits thereof, to engage in the business of slaughtering animals for food, packing them for market, or rendering the offal, fat, bones, or scraps from such animals, or any dead carcass, or any animal matter whatever, or tp engage in the manufacture or production of fertilizers or glue, or the cleaning or rendering of intestines, unless he or they shall have obtained a permit from the common council for such business. (Id. § 39.) 511. Same — Permission may be revoked. — Any license so granted may be revoked upon written notice by the commis- sioner of health whenever it shall appear to his satisfaction that the party so licensed shall have violated any provision of any ordinance of the city council, or any statute law of the state of Minnesota, relating to said business of slaughtering, packing, rendering, and manufacture of fertilizers or glue. (Id. § 40.) 512. Same — Commissioner and assistants to have free entrance to buildings, etc. — The commissioner of health, or any or all of his assistant inspectors, shall be permitted free entrance at all hours of the day or night to all buildings used for the purposes specified in section thirty-nine (39) of this article [ordinance], and to free and unrestrained examina- tion of all apparatus or utensils used in such manufacture, or in the disposition of gases generated in such manufacture. (Id. § 41.) 187 513. Garbage, manure, offal, etc., not to be deposited or unloaded in city — Cars loaded with, same not to stand, where — Manure vaults to be emptied. — That no pile or deposit of manure, offal, or garbage, nor accumulation of any offensive or nauseous substance shall be made within the limits of the city, nor shall any person or corporation unload, dis- charge, or put upon or along the line of any railroad, street, alley, or highway, or public place within said city, any manure, offal, garbage., or other offensive or nauseous substance ; nor shall cars or flats loaded with or having upon them any such substance or substances be allowed to remain or stand on or along any railroad, street, or highway within the limits of said city within three hundred (300) yards of any inhabited dwelling. All manure vaults attached to stables, where more than two (2) horses are kept, shall, between April and No- vember of each year, be emptied twice in each week, and such vault shall in no case be permitted to become a nuisance. (Id. § 47.) 514. Garbage, manure, offal, vegetable and animal matter, etc. — Where dumped. — That no manure, garbage, offal, or any vegetable or animal matter or nauseous substance detri- mental to health shall be dumped or deposited at any place within the limits of the city of St. Paul, except at such place or places designated and provided for that purpose by the commissioner of health. (Id. § 48.) 515. Garbage — Tenement houses and other places to keep suitable receptacle for garbage — Term garbage defined — Not to be mixed with foreign substances or scattered in streets, etc. — Tenement houses not to store horses, cattle, etc., or combustibles, etc. — Penalty. — Every tenement, dwelling house lodging house, and hotel shall provide and maintain proper and suitable receptacles for receiving garbage, which receptacles shall consisl of water tighl vessels not too large for convenient handling, and shall be placed by the occupants of such buildings at ;i poinl on the premises most accessible to the persons collecting the garbage. L88 Garbage shall be construed to mean kitchen offal and other refuse matter composed of either animal or vegetable substances. Householders and others who offer garbage to be re- moved shall not he permitted to mix with it dirt, ashes, stones, sticks of wood, or other substances foreign to it. Xo person shall cause or permit garbage to be thrown or scattered in streets, alleys, or on vacant lots. No tenement or lodging house, nor any portion thereof, shall be used as a place of storage for any combustible article, or any article dangerous or detrimental to health, nor shall any horse, cow, calf, swine, pig. sheep, or goat be kept in such house. Any person who violates, neglects, or refuses to comply with any of the provisions of this section shall be subject to a fine not exceeding one hundred dollars ($100) nor less than twenty-five dollars ($25) for each offense, together with the costs of prosecution. (Ord. No. 809, approved July 21, 1887, § 51, as amended by Ord. No. 1341, approved May 20, 1890, § 1.) 516. Garbage, dead animals, night soil, etc. — Contractor, or scavenger to do the work of removal properly. — That it shall be the duty of every contractor, scavenger, and person, his agents and employes, who has contracted or undertaken to remove any diseased or dead animals, offal, rubbish, gar- bage, dirt, street sweepings, night soil, or other filthy, offen- sive, or noxious substance, or is engaged about any such removal, or in loading or unloading of any such substance,' to do the same with dispatch, and in every particular in a manner as cleanly and little offensive, and with as little danger and prejudice to life and health as possible. (Id. § 56.) 517. Garbage, etc. — Transported in tight boxes by scav- engers. — All persons, firms, and corporations engaged in the business of scavenger within the city of St. Paul, or who may be employed therein by individuals to remove garbage or other substances which for any cause have become offensive, or have to be removed, shall, in removing the same through, 189 over, or along any of the streets, highways, alleys, or public grounds of said city, or elsewhere therein, convey the same in close, tight, covered boxes, so as to prevent the scattering or dropping therefrom of any such garbage or other sub- stances while in motion or passing along any of the streets, highways, alleys, and other places above mentioned, any part or portion, of such garbage or other materials or sub- stances, or permit the emission of 'smells therefrom. This ordinance shall apply to and is hereby made binding and obligatory upon all persons, firms, or corporations who are now engaged in the business of removing garbage or other materials and substances which for any cause are offensive or deleterious in said city, or have to be removed therefrom under any of the ordinances thereof now in force therein, or that may hereafter be passed by the common council of said city, or which may hereafter be engaged or employed to do like work pursuant to cither or any of such ordinances. (Id. § 71.) 518. Garbage, dead animals, night soil, etc. — Contractor for removal not to be obstructed. — That no person shall ob- struct, delay, or interfere with the proper and free use, for the purposes for which they may be and should be set apart for the use of any contractor or person engaged in removing any offal, garbage, rubbish, dirt, dead animals, night soil, or other like substances, or with the proper performance of such contracts. (Id. § 55.) 519. Garbage, collection — Commissioner to keep record of reports and complaints, examine complaints, etc. — It is hereby made the duty of the commissioner of health of the city of St. Paul to receive, and enter as received, in a record hd.k or books, which '-hall contain an alphabetically arranged li^t of the streets of the city of St. Paul, the reports thai are made from month i<> month in detail by the contractors for tin' collecting rbage in the city of St. Paul, as provided in the contract for collecting garbage; and it is also made the duty of the health commissioner to receive, and enter L90 as received, in a properly prepared book, all complaints made in regard to the collection of garbage or relating to the dis- position thereof. And the said commissioner of health, upon the receipt of any complaint made in regard to the collection of garbage or the disposition of the same, shall at once examine the same and the cause thereof, and he shall see that the said gar- bage contract is in all things properly performed according to the conditions and terms of said contract mentioned. (Ord. No. 1677, approved May 1, 1893, § 1.) 520. Commissioner to 'report complaints and investiga- tions, etc., to council — Ordinances inconsistent with Ordinance 1677, repealed. — It is hereby made the duty of the commis- sioner of health to report to the common council on the first day of each and every month a statement of all complaints received during the previous month on account of the col- lection and disposition of garbage in the city of St. Paul, and the investigation made in regard to each complaint, in which statement he shall report the name of the complainant, the date of the complaint, the date of the investigation and the result thereof. All ordinances and resolutions inconsistent with the provisions of this ordinance are herebv repealed. (Id. §§ 2, 3.) 521. Cattle, milk, meats, fish, vegetables — Butchers and others must allow inspection, etc. — That every butcher, grocer, and milk dealer, and their agents, shall allow the parties authorized by the commissioner of health to freely and fully inspect their cattle and milk, meats, fish, and vegetables held, offered, or intended for sale, and will be expected to answer all reasonable and proper questions asked by such persons relative to the condition thereof, and of the places where such articles may be. rOrd. No. 809, approved July 21, 1887, § 53.) 522. Meat, etc., unwholesome, must not be brought to city, etc. — That no meat, fish, birds, or fowls, or vegetables, nor any milk, not being healthy, fresh, sound, wholesome, pure, unadulterated, and safe for human food, nor any meat or fish that died by disease or accident, or other representa- 191 tions of food, whether in the natural state or manufactured, shall be brought within the city of St. Paul or held for sale at any public or private market as such food anywhere in said city. (Id. § 61.) 523. Calf, pig, lamb, fish, birds — Unwholesome, must not be brought to city, etc. — That no calf, pig, or lamb, or the meat thereof, shall be brought, held, or offered for sale as such food in said city, which at the date of its death (being a calf) was less than five (5) weeks old ; or (being a pig) was, when killed, not more than five (5) weeks old; or (being a lamb) was, when killed, not more than eight (8) weeks old. Nor shall any meager, sickly, or unwholesome fish, birds, or fowls be brought, held, or sold or offered for sale as such food in said city. (Id. § 62.) 524. Meat, etc., unwholesome — Duty of assistant inspectors — Duty of commissioner. — It shall be the duty of the meat inspectors, or of the assistant health inspectors, upon discov- ering any meat, fish, birds, or fowls, vegetables, or milk, offered for sale as food within the city of said St. Paul that is decayed, diseased, unwholesome, or from any cause unfit for food, to at once seize and confiscate such meat, fish, birds or fowls, vegetables or milk, and report the same to the com- missioner of health, who shall at once enter complaint against the owner or person offering such meat, fish, birds or fowls, vegetables or milk for sale. (Id. § 63.) 525. Meat, etc. — To be kept clean and wholesome and room in which stored to be clean. — That every person being tlio owner, lessee, or occupant of any room, stall, or place where any meat, fish, or vegetables, designed or held for human food shall be stored or kept, or shall be held or offered for Sale, shall put and keep such room, Stall, and place, and its appurtenances in a cleanly and wholesome condition, and every person having charge (or interested or engaged, whether as principal r »r agent), in care, or in respect to the custody or sale of any meat, fish, birds, fowls, or vegetables, 192 or other article whatever, whether in its natural state or manufactured (designed for human food) shall put and pre- serve the same in a cleanly and wholesome condition, and shall not allow the same, or any part thereof, to be poisoned, infected, or rendered unsafe or unwholesome for human food. (Id. § 64.) 526. Meat, etc., unwholesome — Duty of person knowing of such. — That it shall be the duty of every person knowing" of any fish, meat or fowl, bird, or vegetable being bought, sold or offered for sale (as food for human beings), or be- ing in any market, public or private, in said city, and not being sound, healthy, or wholesome for such food, to forth- with report such facts, or the particulars relating thereto, to the department of health, or to one of its officers. (Id. § 66.) 527. Cattle with lumpy jaw must not be offered for sale — Duty of commissioner or inspector. — It is hereby declared unlawful for the owner or custodian of any live stock, or any live stock commission merchant, or any other indi- vidual, firm or corporation within the limits of the city of St. Paul, to sell or offer for sale any cattle suffering from, or afflicted with, the "lumpy-jaw" (Astmomycosis) ; and when any such stock afflicted with said disease is found within the city limits of said city, it is hereby made the duty of the commissioner of health or the live stock inspector of the department of health to take possession of said animal, and when said inspector is certain of his diag- nosis, to shoot or otherwise kill said animal and turn the carcass over to the rendering company. (Id. § 69.) 528. Cattle overheated or diseased must not be killed for food — Must be reported. — That no cattle shall be killed for human food while in an overheated, feverish, or diseased condition ; and all such diseased cattle in the city of St. Paul, and the place where found and there diseased, shall be at once reported to the commissioner of health by the owner or custodian thereof, that the proper order may be made relative thereto. (Id. § 70.) 193 529. Cattle — Not more than one cow or other cattle in stable or yard, etc. — That no person or persons shall keep, stable, or yard more than one cow or other cattle for any length of time whatever in any one stable, ya.Td, or inclosure within the city without a permit from the commissioner of health. (Id. § 57.) 530. Swine, sheep, goats, chickens — Not to be penned, etc. — That no person or persons shall keep or pen any swine, sheep or goats, chickens or fowls of any description for any length of time within the city without a permit from the commissioner of health. (Id. § 58.) 531. Ice cut in the river below St. Anthony Falls must not be offered for sale. — It is hereby made and declared to be unlawful and a misdemeanor for any party, person, firm, or corporation to offer for sale or sell to any person, firm, or corporation within the limits of the city of St. Paul for any purpose whatever, ice that has been cut or taken out of or from the Mississippi river at any point within the banks thereof and below the falls of St. Anthonv. (Id. § 60.) 532. Hides, green — Storage and sale, etc. — Tannery — Per- mit. — That no person shall receive or store, or dress, or pack, or sell any green hides, or establish any tannery, or carry on the same within the limits of the city of St. Paul, without first obtaining a permit from the commissioner of health. fid. § 65.) 533. Wells and cisterns, impure water from — Duty of health department. — Whenever the attention of the commis- sioner of health is called to the water from any well or cis- tern in the city of St. Paul which, after a careful examina- tion by said commissioner of health, or by a qualified chemist, is found to be impure, contaminated and unfit for drink-, it shall be the duty of said commissioner of health to serve or cause to be served on the owner of the property a notice in writing that sneh water shall be no longer used for drink- 1'.'! ing purposes; and it is hereby made the duty of the depart- ment of health to order the closure, filling up or destruction •iy well or cistern whose waters, after a careful examina- tion, are found to be impure ; and wdien such steps are taken by said department of health any tenant, owner, agent, or any other individual whomsoever who resists, opposes or attempts in any way to interfere with said work of the depart- ment of health must do so at his, her or their peril. (Id. § 73.) » 534. Chief of police to report nuisance, etc. — It shall be the duty of the chief of police to report to the commissioner of health the existence of any nuisance whatever in said city, and perform such other acts relative to the same according to the general or special regulations prescribed relating thereto. (Id. § 36.) 535. Commissioner to abate nuisance. — Whenever any nuisance shall be found on any premises within the city, con- trary to this article, the commissioner of health is hereby authorized in his discretion to cause the same to be sum- marily abated in such manner as he may direct. (Id. § 44.) 536. Commissioner or assistant to give notice of nuisance — Occupant responsible, when — Buildings occupied by more than one tenant — Agent responsible, when — Expenses, penalty. — In all cases wdiere a nuisance shall be found in any build- ing, or upon any ground or other premises within the juris- diction of the city of St. Paul, twenty-four (24) hours' notice may be given, in writing, signed by the commissioner of health, or by the assistant health inspector, to the owner or agent of such building or premises, wdiere he is known or can be found, to remove and abate such nuisance. When the owner of any building is a non-resident, or absent from the city of St. Paul, the agent of said building shall be held responsible for the sanitary condition of the said building or premises ; and the said agent shall be liable to the same fine and penalties as the owner would be were he in the city limits. In case of such neglect or refusal to abate the same, 195 ill accordance with such notice, he, she, or they shall be chargeable with the expenses which may be incurred in the removal thereof, to be collected by suit or otherwise, in addi- tion to the fine or penalty. (Id. § 45, as amended by Ord. No. 1561. approved Dec. 8,. 1891, § 1, as amended by Ord. No. 2171, approved February 9, 1901, § 2.) 537. Common law and statute nuisances. — In all cases where no provision is herein made defining what are nui- sances, and how the same may be removed, abated or pre- vented, in addition to what may be declared such herein, those offenses which are known to the common law of the land and the statutes of Minnesota as nuisances may, in case the same exists within the city limits or within one (1) mile thereof, be treated as such and proceeded against as is in this article provided, or in accordance with any other law which shall give .the officer trying the same jurisdiction. (Ord. No. 809, approved July 21, 1887, § 46.) 538. Agent to disclose name of owner. — That every agent or other person having the charge, control or management, or who collects or receives the rents of any lands, premises or other property in the city, shall disclose the name or names of the owner or owners of such land, premises, or property, or the name or names of the person or persons for whom such agenl or other person is acting, upon appli- cation being made therefor by an inspector, agent, or officer ill'- department of health or the department of buildings. - ( Id. § 52. i 539. Regulations and orders of department to be obeyed. — Thai every person shall observe and obe) each and every special regulation and every order of the department of health that is or may In- made for earn ing into effect any of the fore- going ordinances or powers, or any law of this stale or other- wise, whether issued directl} by the departmenl of health or promulgated by the commissioner of health, as if the same had been herein inserted at length. i 1.1. §59.) 106 540. Penalty. — That any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this ordinance, or who refuses or neglects to obey any of these rules, orders or sanitary regulations of the department of health, or omits or neglects or refuses to comply with, or who resists any officer, or order or special regulation of said department of health, shall upon arrest and conviction before the municipal court of the City of St. Paul be subject to a fine of not less than ten dollars ($10) and not exceeding the sum of seventy-five dollars ($75) for each and every such offense. (Id. § 74, as amended by Ord. No. 1561, approved Dec. 8, 1891, § 1.) 541. An Ordinance relating to the preservation of health and the prevention and suppression of contagious disease in the City of St. Paul. The Common Council of .the City of St. Paul do ordain as follows : Sec. 1. Each and every druggist or vender in dr.ugs or other person who shall hereafter, in the City of St. Paul, sell, furnish or supply to any person any antitoxin, mallein or tu- berculine, or any analogous product, shall on the same day of selling, furnishing or supplying the same report to the Com- missioner of Health, at his office in the City Hall, City of St. Paul, State of Minnesota, either verbally or by telephone or by letter, the name or names of the person or persons to whom he shall sell, furnish or supply any such antitoxin, mallein or tuberculine, the amount thereof sold, furnished or supplied, and the name and place of residence or business of each and every person for whom the same shall be purchased, sold, furnished or supplied. 542. Sec. 2. Penalty. — Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof before the municipal court, be fined not to exceed one hundred dollars ($100), nor less than twenty-five dol- lars ($25), or be imprisoned not exceeding ninety (90) days for each and every offense. (Ord. Xo. 2481, approved Dec. 6, 1904.) 197 HOSPITALS. Ordinance No. 2352. (Approved February 24, 1903, as amended by Ord. Xo. 2505, approved April 7, 1905.) 543. An Ordinance relating to hospitals in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. No hospital or house, building, tenement, rooms or institution, public or private, for the reception, care or treatment of any sick or diseased person or persons, or for the reception, care or treatment of any sick or diseased ani- mals, shall be hereafter opened, kept or maintained within \hc limits of the City of St. Paul, by any person, persons, or- ganization or corporation, until a license for the keeping and maintaining of the same shall have been granted by the Com- mon Council of the City of St. Paul in the manner hereinafter provided. 544. Sec. 2. License to be procured. — He fore any person, onSj organization or corporation shall open, erect, keep or maintain within the limits of the City of St. Paul, any hos- pital, house, building, tenement, rooms or institution, whether public or private, for the reception, care or treatment of any sick or diseased person or persons, or for the reception, care or treatment of any sick or diseased animals, they shall make written application for a license so to do 1" the Common Council of the City of St. Paul, and upon such application, ther with such other information as such Common Coun- cil shall deem it necessary in tin- premises to obtain, the said Common Council may, by resolution, grant or refuse such license; and if such license shall be granted, the City Clerk of the City of St. Paul shall thereupon issue the same, and it shall continue in Force until revoked by said Common Coun- cil, who may at any time revoke it upon due hearing or just cause. Application for license to make any change in loca- tion or otherwise in any such hospital for the reception oi of the sick or diseased p< or animals, shall be made in L98 the same manner, and procedure had thereupon in the same manner as hereinbefore provided upon application for such hospital <>r other place hereinbefore specified in the first instance. (As amended by Ord. No. 2505, approved April 7, L905.) 545. Sec. 3. Penalty. — Any person or persons violating any oi the provisions of this ordinance shall be punished by a fine of not more than $100 or by imprisonment of not more than nine!}' days. 546. Sec. 4. All ordinances repealed. — All ordinances and parts of ordinances inconsistent with the provisions of this or- dinance are hereby repealed. Sec. 5. This ordinance shall take effect and be in force from and after its passage and publication. 547. Hospitals, etc., not licensed, a nuisance — Penalty — Violation of ordinance — Prosecution — Proviso. — Any such hospital, room, rooms, tenement or institution within the lim- its of the City of St. Paul which shall be kept or maintained by any person, persons, corporation or organization without the license hereinbefore provided for, is hereby declared to be a public nuisance, and shall be abated as such, and the person or persons, corporation or organization, maintaining, owning, operating* or conducting the same shall be liable to a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100) for each day that the same shall be in operation without such license, to be recovered in a civil action commenced in the name of the City of St. Paul in any court of competent jurisdiction ; and it is hereby made the duty of the health officer of the City of St. Paul to cause complaint to be made of any violations of the provisions of this ordinance, and all prosecutions thereunder shall be con- ducted by the city attorney of said City of St. Paul ; provided, that the provisions of this ordinance shall not apply to the of- fice or place of business of any physician, surgeon, dentist or druggist. (Id. §4.) 199 548. Ambulance of St. Joseph's or other hospital — May be driven faster than six miles an hour — To have right of way, subordinate, etc. — Gong. — The ambulance used in connection with St. Joseph's hospital, or by any other hospital in the City of St. Paul, for the transportation of sick or injured persons, may, whenever necessity requires, be driven over the streets and avenues of the City of St. Paul at a rate of speed exceeding six miles per hour, and shall have the right of way over said streets and avenues subordinate only to the vehicles and apparatus used by the fire department and the patrol wagons and other vehicles used by the police department; provided, however, that each and every ambulance shall have attached thereto, within easy reach of the driver thereof, a proper and suitable gong, which shall be sounded from time to time by said driver as a warning of the approach of said ambulance. (Ord. No. 1859, approved Dec. 19, 1895, § 1.) 549. Same — Ambulance must not be obstructed, etc. — Free use of streets to be surrendered, except, etc. — As far as pos- sible way to be cleared for ambulance — Penalty. — No person shall obstruct, hinder or delay any ambulance so connected with any of said hospitals during its passage through the streets of said city, but each and every person, except the officers and members of the fire department and police de- partment while in the actual discharge of their duties as above provided, shall surrender to said ambulance the free and unobstructed use of the streets of said city, and so far as possible clear the way for the passage 1 hereof. 550. Penalty. — Any person willfully violating any of the provisions of this ordinance shall be punished by a fine of not less than five (5) dollars nor more than fifty (50) dollars, or by imprisonment for not less than ten (10) nor more than sixty (60) days. (Id. §§2, 3.) 800 HOTEL RUNNERS. Ordinance No. 2452. (Approved July 8, 1904.) 551. An Ordinance to regulate runners in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That hereafter it shall be unlawful for any per- son to engage in the occupation or business of a runner for any railroad, hotel or restaurant, within the corporate limits of the City of St. Paul, without first obtaining a license so to do. 552. Sec. 2. Application for license. — Any person desir- ing a license to engage in the business or occupation of a run- ner for any railroad, hotel or restaurant, shall make written application therefor to the Common Council, in which he shall state for what particular class of business he desires a license. The Com men Council shall thereupon investigate and consider the fitness of such applicant, and if, after such investigation, it is deemed proper to grant a license to engage in and perform the business aforesaid to such applicant the Common Council shall thereupon by resolution instruct the City Clerk to issile a license to such applicant for the particu- lar business specified in his application; provided, however, such applicant shall before the issuance of such license, pay to the City Treasurer the sum of twenty-five dollars as and for an annual license fee and such license shall be issued only for the period of one year from its date. 553. Sec. 3. Place of soliciting. — It shall be unlawful for any person so licensed as a runner for any railroad, hotel or restaurant, to solicit at any place in the City of St. Paul, except directly in front of or immediately upon the premises actually occupied by the offices of the railroad, or by the hotel or restaurant represented by him. 554. Sec. 4. Licensee to wear a badge. — Every person li- censed hereunder shall wear conspicuously and in plain view upon his clothes, a badge bearing the number of his license, 201 in figures at least one and one-fourth inches in height, and shall also wear a uniform cap with the name in letters one inch in length on the front thereof, of the railroad, hotel or restaurant for which he is transacting" the business of a run- ner. 555. Sec. 5. Manner of transaction. — Every person so li- censed shall transact his business in a quiet and orderly man- ner, and shall not use loud or boisterous language, or touch or interfere with the person or freedom of individuals, and for an}- violation of any of the terms or provisions of this ordi- nance the Common Council may summarily revoke any li- cense issued hereunder and forfeit the license fee paid for the use and benefit of said city. 556. Sec. 6. Records to be kept. — It shall be the duty of the City Clerk to keep a record of all such licenses, to whom issued, the date thereof, and the numbers of the same, and from time to time as the same are issued, to furnish a list thereof to the License Inspector of said city, and no license issued hereunder shall be transferred to or used by any other person during the time for which it is issued, and it shall be the duty of the owner of any such license, when re- quested, to show it to any person authorized to inspect such license. 557. Sec. 7. Penalty. — Any person who shall violate any of the- provisions of this ordinance shall be guilty of a misde- meanor, and upon conviction thereof shall be punished 1>\ a fine not exceeding fifty dollars, or by imprisonment in the 'workhouse for a term of not more than sixty days. 8. This ordinance shall take effeel and he in force from and after its passage, approval and publication. HOUSE NUMBERS. 558. Houses and lots shall be assigned numbers — Plan. — Thai on all streets or avenues in the Cit) of St. Paul the or houses shall be assigned numbers in accordance with the following plan : All streets running in an easterly and westerly direction, or in a direction marly parallel to the Mississippi river, shall . * » be numbered from the following line: From the north line of the city, on the north and south line, one-fourth (%) of a mile east of Rice street, and forming the west boundary line of Oakland cemetery, to Bluff street; thence along Wa- basha street from Bluff street to and across the St. Paul bridge : thence along Dodd street from the St. Paul bridge to Gale avenue : thence southerly on Gale avenue, continued to the south line of the city. All streets running north and south or at right angles to the river shall be numbered from the line of Summit avenue from the west line of the city to Ramsey street : thence along Ramsey street to its east termi- nus ; thence along the north bank of the Mississippi river from opposite the end of Ramsey street to the township line be- tween towns 28 and 29; thence on said township line and on Burns avenue to the east boundary of the city. All streets in the Sixth ward running north and south, or at right angles to the river, shall be numbered from the line of Delos street and the section line continued therefrom east to the river (or on the street lying nearest to said line). The numbering of all streets shall increase progressively from said initial lines. Odd numbers shall be on the west and north sides and the even numbers on the east and south sides. The numbers of streets running at right angles to the river shall be three hundred (300) at the south side of Third street east of the Seven Corners, and numbers shall be arranged on all streets so as to be the same on each one at the crossing of the same. (Ord. No. 205, approved April 6, 1880, §§ 1, 2.) 559. City Engineer to prepare maps. — The city engineer- shall cause to be prepared maps of a convenient size, on which shall be shown the numbering as provided by this or- dinance, those nearest the initial line being made first, and when any of said maps are completed, shall report the fact to the city council. (Id. § 3.) 560. After public notice of completion of maps, buildings shall be numbered — Penalty. — And on public notice being given of such completion of any of said maps, it shall then be the duty of all owners or occupants of buildings on said 203 streets to obtain from the city engineer the correct numbers for their respective buildings,, for which no fee shall be charged, and to cause said correct number to be placed on their buildings within sixty (GO) days from the giving of such public notice. And any owner or occupant of any building who shall fail to comply with the provisions of this ordinance, shall, upon conviction, be fined in a sum not less than five dollars ($5) and costs of prosecution. (Id. §4.) 561. Ordinance repealed. — That an ordinance providing for numbering houses in the City of St. Paul (approved July 29. 1874) is hereby repealed. (Id. §5.) ICE. 562. Unlawful to sell ice taken from Mississippi river be- low St. Anthony Falls — Penalty. — Tt is hereby made and de- clared to be unlawful and a misdemeanor for any party, per- son, firm or corporation to offer for sale or sell to any person, firm or corporation within the limits of the City of St. Paul for any purpose whatever, ice that has been cut or taken out of or from the Mississippi river at any point within the banks thereof and below the falls of St. Anthony. Penalty. — Any party, person or corporation who shall be convicted of violating the provisions of the above and fore- going section before any court having jurisdiction of offenses of that kind or nature shall be fined in a sum not less than twenty-five dollars ($2.")) or more than one hundred dollars ($100). (Ord. No. 747, Dec. 7, 1886, §§ 1, 2. See, also, Health De- partment.) 563. Unlawful to cut ice from Lake Como — Penalty. — It is hereby made and declared to be unlawful and a misde? tneanor for an) person to cul ice from or oul of Lake Como, in the City of St. Paul. 564. Penalty. — Any person who shall be convicted of vio fating the provisions of this ordinance, before any court hav- 204 ing jurisdiction, shall be fined in a sum not less than twenty- five dollars ($25) nbr more than one hundred dollars ($100). (Ord. No. L021, approved Sept. 18, 1888, §§1, 2.) 565. Unlawful to cut ice for family use from Pickerel lake or Round lake (Nigger lake) — Penalty. — It is hereby made and declared to be unlawful and a misdemeanor for any per- son to cut ice out of Pickerel lake (so-called) or Round lake (sometimes called Nigger lake) for family use. 566. Penalty. — Any person who shall be convicted of vio- lating the provisions of this ordinance, before any court hav- ing jurisdiction, shall be fined in a sum not less than twenty- five dollars ($25) nor more than one hundred dollars ($100). (Ord. No. 1100, approved Aug. 6, 1889, §§ 1, 2.) INTOXICATING LIQUORS. 567. Application for license — Publication fee — Publica- tion — Hearing — Objections to go to the committee on li- cense. — That all applications for a license to sell intoxicating liquors' within said city shall be in writing, and shall desig- nate the place where such business is to be carried on. which shall not be in those portions of the city in which the sale of intoxicating liquors is prohibited by law or ordinances of the city, which application shall be filed with the city clerk. Thereupon said city clerk shall publish a notice in the official newspaper of said city once a week for two (2) weeks, which notice shall contain the name of the applicant, a description of the premises stated in the application, and that at a time therein stated, which shall not be less than two (2) weeks after said first publication, said application will be heard be- fore him at a place therein designated. That several of such applications may be included in one notice, which shall be signed by the city clerk. That any person may appear at the time stated for such hearing and object to the granting of such license, where- upon such hearing shall be adjourned by the city clerk to the next meeting of the committee on licenses of the city council, who -may then hear and determine the same or ad- journ the hearing of the same from time to time and there- 80S upon determine the same when they shall see fit. (Ord. Xo. 874, approved Jan. 3, 1888, § 1, as amended by Ord. Xo. 1910, approved Feb. 17, 1897.) 568. Bond of Applicant. — Any person or persons so apply- ing for a license to sell intoxicating liquors shall, before the same is issued, file with the city clerk a bond to said city, in the form required by an act of the legislature entitled "An act to further regulate the sale of or disposition of intoxicat- ing liquors," approved March 3, 1887. (Id. §2.) 569. City clerk to issue certificate, when — City clerk to issue license, when — Form and duration of license. — Tf no such objection is made to the granting of such license as provided in section 1 of this ordinance, or if the committee on licenses of the common council grant such license notwith- standing such objection, and on approval. of the bond herein provided by the committee on licenses of the common coun- cil, the city clerk shall issue a certificate dated on that day certifying that upon payment of the sum of one thousand dollars ($1,000) to the city treasury the person or persons named in such application will be entitled to a license to sell intoxicating liquors at the place therein named for the term of one year from the date hereinafter fixed. ("pun the filing by such applicant of the city treasurer's receipt for one thousand dollars ($1,000) with the city clerk, he shall issue a written license to such applicant, which li- ■ shall be made out by the clerk of said city, and the seal of said city affixed thereto and attested by the city clerk aid city, and shall recite that the person named therein has been duly licensed to sell, vend, deal in and dispose of spirituous, vinous, fermented and malt liquora and bever; for the period of one i I i year from the date of the expiration of his lasl preceding liquor license, and shall contain a de- scription of the premises and room where Mich liquors are licensed to be sold; provided, thai when it shall appear by affidavit to the satisfaction of die city cleric thai such appli- canl commenced business subsequent to the firs! of January preceding such application, then such license --hall he for 206 one ( 1 I year from the time of his commencing business. (Id. § 3, as amended by ( )rd. No. 1910, approved February 17, 1897.) 570. Assignment and Transfer of License. — Such license may be assigned by written assignment on the back thereof, but before any person or persons to whom the same is so assigned is authorized to sell intoxicating liquors under the same, he shall make the application, cause the notice thereof to be published, file the bond, which shall be approved, and if objections are made the same shall be heard as in the case of an original application ; and if no objections are made, or if the committee on licenses of the common council grants the application notwithstanding such objections, such license shall be transferred to such assignee for the place named in his said application, which may be the same or a different place (where not now prohibited by law or ordinances) from that stated in said assigned license. If any person holding a license provided for by this ordinance desires to remove his place of business from one place to another in said city (within which the sale of intoxicating liquors is not prohib- ited by the laws of. the state or the ordinances of this city), he shall make his application, and the same shall be pub- lished and the objections thereto shall be heard the same as in the original application; and if no objections are made, or if the committee on licenses of the common council grants such change notwithstanding such objections, and a new bond for the new place is made and approved as provided in the case of an original application the person or persons named in said license are entitled to have such license changed to such new place, and from thenceforth the bonds- men upon the former bond are released from liability for acts done after such change in the license. (Id. §4.) 571. City clerk to keep record of licenses issued and trans- ferred. — The City Clerk shall keep a record of all licenses issued or transferred by him, stating to whom issued, and for what purpose, and the room and rooms and place where the business is to be carried on. (Id. § 5.) 207 572. Penalty for selling without license. — If any person or persons shall sell intoxicating liquors without first having ob- tained a license therefor, except as herein provided, or as pro- vided by law. such person or persons shall on conviction thereof be punished by a fine not exceeding one hundred dol- lars ($100) or by imprisonment for a period not exceeding ninety (90) days. (Id. § 6, as amended by Ord. No. 1491, approved April 21, 1891, § 1.) 573. Regulations governing saloons, etc. — Penalty. — That every saloon and the bar of every tavern, inn or restau- rant and other places where intoxicating liquors are sold, shall be closed between the hour of twelve (12) o'clock mid- night and the hour of five (5) o'clock in the morning; that during said time no licensed liquor dealer shall sell, or per- mit to be sold or drank upon his premises, any liquor of any kind; nor permit any gambling or games of chance for money or anything of value, or the representative of anything of value, to be practiced or carried on at any time in any room or place in any building wherein any kind of liquor is re- tailed or sold by him. or which may be occupied, rented or under the control of any such licensed liquor dealer, or under his control; and no such licensed liquor dealer shall procure, suffer or allow any common prostitute, male or female, of evil name or fame, or of immoral, immodest, lewd or lascivi- ous conduct or behavior, or of dishonest conversation, to visit, resort to, frequent, remain in or to be employed in his or her saloon, bar-room, or in any place wherein any kind of liquor is retailed by him or her. Any person violating the provisions of this section shnll on conviction thereof by any court having jurisdiction he punished by line of not less than thirty dollar- ($30) nor more than one hundred dollars ($100), or by imprisonmenl in the workhouse or county jail of 'hi 1 - county n than ten (10) days nor more than thirty (30) days. (Id. §7.) 208 574. Repeal of ordinances. — All ordinances and parts of ordinances which contravene the provisions of this ordinance are hereby repealed. ( Id. § 8.) 575. Issue of licenses prohibited in certain territory. — That from and after the publication of this ordinance, the common council of the City of St. Paul, or any officer of the city who may have heretofore been charged with that duty, shall not issue any license whatever for the sale of spirituous, vinous, fermented, malt or intoxicating liquors, wines, lager beer, or cider, within the following described territory, to- wit: Bounded on the south by the railroad tracks of the Chicago, St. Paul, Minneapolis & Omaha railroad, on the east by a line one hundred (100) feet west of Payne avenue, on the west by a line one hundred (100) feet east of Mis- sissippi street, and on the north by Maryland street. (Ord. No. 491, approved March 31, 1885, § 1.) 576. Same. — That from and after the publication of this ordinance the common council of the City of St. Paul, or any officer of said city who may heretofore have been charged with that duty, shall not issue any license whatever for the sale of spirituous, vinous, fermented, malt, mixed or intoxi- cating liquors, wine, lager beer, or cider within the follow- ing described territory, to-wit : Beginning at a point where the St. Paul & Duluth Railroad crosses the north city limits; thence southwesterly along said railroad track to where it intersects with Atlantic street ; thence south on Atlantic street to Fauquier street; thence east on Fauquier street and along the line of the same if extended to the east city limits ; thence north along the east city limits to the northeast cor- ner of said city ; thence west along the north line of said city to the place of beginning. (Ord. No. 555, approved Aug. 11, 1885, § 1.) 577. Same. — That from and after the publication of this ordinance the Common Council of the City of St. Paul, or any officer of said city who may hereafter have been, or shall hereafter be charged with that duty, shall not issue any li- cense whatever for the sale of spirituous, vinous, fermented, 209 malt, mixed or intoxicating liquors, lager beer or cider with- in the following described, territory, to-wit : Commencing at a point where the center line of Canal street, in said city, intersects the northerly boundary of the right of way of the Chicago, Burlington & Northern Railway ; thence northeast- erly along the center line of Plum street to the center of Hastings avenue ; thence easterly along the center line of Hastings avenue to the center of Point Douglas Road, so- called ; thence southeasterly along the center line of said Point Douglas Road to the south line of section 3, Town 28, Range 22 west ; thence west along said section line to the northerly boundary of the right of way of the Chicago, Bur- lington & Northern Railway : thence northwesterly along the northerly boundary of the right of way of said Chicago, Burlington & Northern Railway to the place of beginning, excepting from the operation of this ordinance, however, lot numbered fifteen (15) in block numbered two (2) of Mc- Lean's Reservation, and also lots one (1) and two (2), Lloyd's Subdivision of block numbered three (3) of Mc- kean's Reservation to St. Paul, the same being the south- west corner of Hastings and Earl avenues. (Ord. No. 2201, approved July 20, 1901, as amended by Ord. No. 3215, approved October 4, 1901.) 578. Same. — No license for the sale of wine, beer or liquors of any kind shall be issued or transferred to any per- son or party authorizing such person or party to sell any liquor, wine or beer, at any place in that portion of- the City of St. Paul bounded as Eollows, viz: Commencing at the corner of Nelson avenue and Summit avenue, in the said city; thence westerly along the center line of Nelson avenue to Western avenue; tinner northerly along the center line of Western avenue to Marshall avenue; thence westerly along the center line of Marshall avenue to Lexington ave- nue; thence southerly along the center line of Lexington avenue to Pleasant avenue; thence easterly along the center line of Pleasant avenue to Third street; thence northerl} along the center line of Third street to Summit avenue; them :ly along Summit avenue to the point of com- mencement, at the corner of Summit avenue and Nelson 210 avenue, excepting Lots one (1) and two (2) in Block sev- enty-eight (78) of Dayton and Irvine's Addition to said City of St. Paul. I. No. 603, approved Dec. 29, 1885, § 1, as amended by Ord. No. 2242, approved Jan. 9, 1902.) 579. Same. — That from and after the publication of this ordinance the common council of the City of St. Paul, or any officer of said city who may heretofore have been or shall hereafter be charged with that duty, shall not issue any license whatever for the sale of spirituous, vinous, fermented, malt, mixed, or intoxicating liquors, wine, lager beer, or cider within the following described territory, to-wit: Begin- ning at the intersection of the easterly line of Ohio street and the northerly line of Annapolis street; running thence easterly along the said northerly line of Annapolis street two hun- dred (200) feet ; running thence northerly and parallel with the easterly line of Ohio street to Isabel street; running thence westerly along Isabel street to the center line of Ohio street; thence directly north to the Mississippi river; thence westerly along the meandered line of said river bank to a point where the central line of Chippewa avenue if extended directly north would intersect said Mississippi River ; thence directly south to a point on the central line of said Chip- pewa avenue ; thence along the central line of said Chippewa avenue to said Annapolis street ; thence easterly along said Annapolis street to the point of beginning, 580. Same. — That from and after the passage, approval and publication of this ordinance no license shall be issued or transferred to any person for the sale of spirituous, vinous, fermented, malted, mixed or intoxicating liquors, or of wine, beer or cider within the following described territory, to-wit : Commencing at the south end of the Wabasha street bridge, thence south to Fillmore avenue, thence west to Hyde ave- nue, and thence north to the Mississippi river, and thence east along the line of the south bank of said river to the place of beginning; excepting, however, from the operation of this ordinance that certain tract of land in the City of St. Paul, Ramsey County, Minnesota, to-wit: Lot number one 211 (1) in Block number one hundred eighty-two (182) of Rob- ertson's Addition to West St. Paul, according to the plat thereof on file in the office of the Register of Deeds of said Ramsey County. That from and after the publication of this ordinance, the Common Council of the City of St. Paul, or any officer of said city who may heretofore have been or shall hereafter be charged with that duty, shall not issue any license what- ever for the sale of spirituous, vinous, fermented, malt, mixed or intoxicating liquors, lager beer or cider, within the follow- ing described territory, to-wit: Commencing at a point where the center line of South Robert street, in said City, intersects the center line of Wood street ; thence southerly along the center line of said South Robert street to a point where the same intersects the center line of Isabel street ; thence westerly along the center line of said Isabel street to a point where the same intersects the center line of Starkey street; thence northerly along the center line of Starkey street to the center line of Wood street extended ; thence easterly along the center line of Wood street to the place of begin- ning. (Orel. No. 1688, approved June 22, 1893, § 1, as amended by Ord. No. 2138, app/oved Sept. 13, 1900, as amended by Ord. No. 2268, approved Mar. 8, 1892, as amended by Ord. No. 2286, approved May 24, 1892.) 581. Same. — That from and after the publication of tin's ordinance the common council of the City of St. Paul, or any officer of said city who may heretofore have been or shall hereafter be charged with that duty, shall nol issue any li- cense whatever for the sale of spirituous, vinous, Fermented, malt, mixed or intoxicating liquors, lager beer, or eider within tin- following described territory, to-wit: Commencing at the northwesl corner of the northeasl quarter (' [) of section twenty-two (22), town twenty-nine (29), range twenty-three west, in Ramsey County, Minnesota; thence due south to the northern boundary line of the righl of way of the St. Paul & Northern Pacific Railroad company; thence due east to the center of Lexington avenue; thence south along 212 the center of Lexington avenue to the center of Hatch street; thence east along the center of Hatch street to the center of Churchill avenue; thence south along the center of Churchill avenue to the center of Front street; thence east along the center of Front street to the center of Dale street; thence north along the center of Dale street to the northerly city- limits : thence west along the northerly city limits to the place of beginning. (Ord. No. 1694, approved July 13, 1893, § 1.) 582. Same. — That from and after the publication of this ordinance the common council of the City of St. Paid, or any officer of said city who may be charged with that duty, shall riot issue any license whatever for the sale of spirituous, vinous, fermented, malt, mixed or intoxicating liquors, lager beer or cider, within that portion of the City of St. Paul, lying west of Lexington avenue and west of such avenue if produced to the north and south city limits, or within that portion of the city bounded on the west by Lexington ave- nue, and on the south by the right of way of the St. Paul, Minneapolis & Manitoba Railway company, on the east by Dale street and on the north by the right of way of the St. Paul & Northern Pacific Railroad company, excepting from the operation of this ordinance, nowever, the south half (y 2 ) of section twenty-one (21), township twenty-eight (28), north of range twenty-three (23) west, in St. Paul, Minne- sota, and excepting also all property fronting on or south of West Seventh street in said City. (Ord. No. 1732, approved Feb. 20, 1894, § 1.) 583. Same. — That from and after the publication of this ordinance the common council of the City of St. Paul, or any officer of said city who may be charged with that duty, shall not issue any license whatever for the sale of spiritu- ous, vinous, fermented, malt, mixed or intoxicating liquors, lager beer, or cider, within the following described territory, to-wit: Beginning at the point of intersection of the center line of Edgerton street within the north city limits; thence south on the center line of Edgerton street to Jessamine street ; thence east on the center line of Jessamine street to 213 Mendota street; thence south on the center line of Mendota street to Case street; thence east on the center line of Case street and along the line of the same if extended to the east- ern limits of said city; thence north along the eastern boun- dary of said city to the northeast corner of said city ; thence west on the northern boundary line of said city to the point of beginning. (Orel. No. 1741, approved March 8, 1894, § 1.) 584. An Ordinance regulating places or premises in which the sale of intoxicating liquors is licensed, and for- bidding the presence of minors in or about said premises. The Common Council of the City of St. Paul do ordain as follows : Section 1. It is hereby declared unlawful for any person that now is or may hereafter be licensed to ^ell intoxicating liquors within the corporate limits of the City of St. Paul to permit or suffer any minor child not accompanied by its pa- rents or one of them, to be or remain in any place or room where the sale of intoxicating liquors is or may be licensed under the provisions of any law or ordinance. 585. Section 2. Penalty. — Any person who now is or hereafter shall be licensed to sell intoxicating liquors at any place or in any room within the corporate limits of the City of St. Paul, who shall, either by himself, his agents or em- ployes, suffer or permit any minor child not accompanied by it-, parents or one of them to be or remain in any place or ifi any room where the sale of intoxicating 1 i < 1 1 1 < > r s is or may be so licensed, shall, upon conviction thereof in the Municipal Courl . > T the City of Si. Paul, be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonmenl in tin- workhouse of the citj of St. Paul for not ' lian ten nor more than ninety days. Section .1. This ordinance shall lake effeel ami he in force from and after its passage, approval and publication. f »nl. \'o. 8185, approved May <;. L901.) 214 586. An Ordinance prohibiting the sale of intoxicating liquors to minors. The Common Council of the City of St. Paul do ordain as follow s : Section 1. It shall be unlawful for any person to sell, give away, barter, furnish or dispose of in the City of St. Paul, in any manner either directly or indirectly, or by agent, employe or otherwise, any spirituous, vinous, malt or fer- mented liquors in any quantity, or for any purpose whatever, to any minor person for the use of said minor person or for the use of any other person, and any person violating any of the foregoing provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof before the Mu- nicipal Court of the City of St. Paul, shall be punished by a fine of not less than $25.00 nor more than $100.00, or by im- prisonment in the St. Paul Workhouse for not less than fif- teen nor more than ninety days. 587. Section 2. Penalty. — It is hereby declared unlawful for any person that now is, or may hereafter be licensed to sell intoxicating liquors in the City of St. Paul, to permit or suffer any minor child to be or remain in any place or upon any premises where the sale of intoxicating liquors shall be licensed under the provisions of any law or ordinance, and any person who is or shall be licensed to sell intoxicating liquors 'at any place or upon any premises within the City of St. Paul, and who shall either by himself, his agents, ser- vants or employes suffer or permit any minor child to be or. remain at the place or upon the premises where the sale of intoxicating liquors is so licensed, shall, on conviction there- of before the Municipal Court of the City of St. Paul, be punished by a fine of not less than $25.00, nor more than $100.00, or by imprisonment in the St. Paul Workhouse for not less than fifteen nor more than ninety days. Section 3. This ordinance shall take effect and be in force from and after its passage. (Ordinance No. 1879, approved June 20, 1896.) 215 588. An Ordinance prohibiting the issue of saloon licenses within certain territory. The Common Council of the City of St. Paul do ordain as follows : Section 1. That from and after the publication of this ordinance the Common Council of the City of St. Paul, or any officer of said city who may heretofore have been or shall hereafter be charged with that duty, shall not issue any li- cense whatever for the sale of spirituous, vinous, fermented, malt, mixed or intoxicating liquors, lager beer or cider, with- in the following described territory, to-wit: All that part of the City of St. Paul included within the following described territory : Beginning at the corner of Marshall avenue and Lexington avenue in said city, thence east on Marshall to Dale street, thence north on Dale to Aurora avenue, thence west on Aurora to Lexington avenue, thence south on Lexington ave- nue to place of beginning. Section 2. This ordinance shall take effect and be in force from and after its passage and publication. (Ordinance No. 1953, approved Sept. 4, 1897.) 589. An Ordinance prohibiting wine rooms, inclosures or private apartments in places where intoxicating liquors are sold. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That no person operating, maintaining or con- ducting a saloon, dramshop or other place in which malt, vinous or intoxicating liquors of any kind whatsoever are sold, given away or otherwise dealt in, within the limits of the City of St. Paul, shall establish or maintain in connec- tion with such saloon, dramshop or other place, either as a part thereof or as an adjunct thereto, any wine room or private apartment, the interior of which is shut off from the general public view by doors, curtains, screens, partitions or other device of any kind whatsoever. 590. Sec. 2. Restaurants, cafes, etc. — No person operat- ing, maintaining or conducting a restaurant, cafe, dining room, ordinary or victualing place within the limits of the' 316 City of St. Paul shall serve or permit to be served any malt, vinous or intoxicating liquors of any kind whatsoever in any private apartment which may be maintained as a part of or an adjunct to such restaurant, cafe, dining room, ordinary or victualing place, to any number of persons less than four, unless all the members of such party numbering less than four be of the same sex. 591. Sec. 3. Penalty. — Any person who shall violate any oi the provisions of this ordinance, upon conviction thereof, shall be fined not less than ten nor more than one hundred dollars, or, in lieu thereof, shall be imprisoned in the work- house of the City of St. Paul for not less than ten or more than ninety days; and if any person holding a license for the sale of intoxicating liquors issued by or under the direction of the City of St. Paul, shall be convicted a second time of violating any of the provisions of this ordinance, the court before which such conviction is had shall thereupon revoke such license, and no person whose license shall be so revoked shall be again licensed to sell intoxicating liquors within the limits of the City of St. Paul for the period of one year from "and after such revocation. Sec. 4. This ordinance shall take effect and be in force from and after its passage and publication. • I Irdinance No. 2264, approved February 24, 1902.) INTELLIGENCE AND EMPLOYMENT OFFICES AND RAILROAD TICKET BROKERS. 592. Must be licensed. — Xo person, firm, corporation or association of individuals shall hereafter be engaged in con- ducting, carrying on or be employed in the business of in- telligence or employment agent, or the management of any intelligence or employment office, either for males or females, or railroad ticket broker or agent, within the corporate lim- its of the City of St. Paul, without first having obtained a license therefor and given the bond as in this ordinance pro- vided. (Ord. No. 1658, approved Feb. 7, 1800. § 1.) 211 593. Application for license, to city clerk — Bond to be filed — Prices of license. — Any person, firm or corporation desiring to carry on said business shall make application to the city* clerk of the City of St. Paul for license so to do, and shall file with said clerk the bond hereinafter provided for, which bond shall have been previously approved by the mayor of said city, and such applicant shall pay into the treasury of the City of St. Paul the sum hereinafter named for such license, which said sum or amount for said license shall be as follows : Intelligence or employment office for males, one hundred dollars ($100) ; intelligence or employ- ment office for females, twenty-five dollars ($25) ; railroad ticket brokers, one hundred and fifty dollars ($150). (As amended by Ord. No. 2073, approved Sept. 23, 1899, § 1.) (Id. §2.) 594. Bond, amount and conditions of. — All persons ap- plying for a license to carry on the business of intelligence or employment office for males or females shall, in addition to paying the license fee therefor above stated, execute and de- liver unto the City of St. Paul for the use of all persons doing business with said agent or agents, a bond in the penal sum of two thousand dollars ($2,000) for males and five hundred dol- lars ($500) for females, with two (2) or more sureties, who shall in the aggregate justify in double the amount of such bond, and condition for the payment of any and all damages which any person may sustain by reason of the improper or wrongful act of such intelligence or employment agent in such capacity, or by reason of any false information given by such agent. (Id. §3.) 595. Clerk's fee — Clerk issue license — Duration of li- cense — Licensee to keep record — Duty of license inspector and chief of police. — Upon compliance with the foregoing pro ision . and the paymenl o! the additional sum of our dollar ($1) as his fee for the issuance of the same, the city clerk shall issue to said applicant a license to carry on the business or employmenl stated in said application and here- inbefore named, within said city for the period of One (1) 218 year from and after the date of such application for a license. And all licensees hereunder shall keep a full and correct rec- ord of all business done under such license, which record shall, during business hours of each day, be open to inspec- tion by the license inspector or other police officer detailed for that purpose, and it is hereby made the duty of the license inspector and the chief of police to see that all licensees shall conduct the business for which they are licensed in accord- ance with law. and for that purpose to inspect the books and records of such business as often as may be necessary. (Id. §4.) 596. Intelligence or employment office not to be in saloon or in room or building connecting therewith. — That no intel- ligence or employment office or agency shall be conducted or carried on -in any saloon or other place where intoxicating liquors and beverages are sold, or in any room or building connecting with a saloon or place in which such liquors and beverages are sold. (Id. §5.) 597. Penalty. — All and every person, firm, corporation or association of individuals duly convicted of having violated any of the terms, requirements or provisions of this ordinance shall be fined in a sum not less than ten dollars ($10) nor more than one hundred dollars ($100), or imprisonment not exceeding ninety (90) days. ' (Id. §6.) 598. Ordinances repealed. — Any and all ordinances or parts of ordinances inconsistent with this ordinance are here- by repealed. (Id. § 7.) LAMPS AND LAMP POSTS. 599. Injuring lamp or post, lighting or extinguishing lamp without authority, unlawful — Penalty. — Any person who shall carelessly or willfully deface, injure or damage any lamp post or city lamp within the limits of said city, or who shall, without authority, extinguish or light any such lamp, shall, upon conviction, pay a fine for such offense, not less 219 than five dollars ($5) nop more than twenty-five dollars ($25). (Ord. approved Oct. 7, 1S69, in Article XXXVIII., Municipal Code 1884, § 1. See, also, St. Paul Gas Light Co.) 600. Unlawful to extinguish lamp or to mar or remove lamp or part thereof, except, etc. — Penalty. — All persons ex- cept those hereinafter stated are hereby forbidden to will- fully extinguish any gas, gasoline or electric street lamp used in lighting any street or streets, parks or public places in the City of St. Paul, and are also forbidden to willfully break, disfigure, mar or remove any street lamp, or part of a street lamp or anything appertaining to or connected with a street lamp used in lighting any street or streets, public parks or public places by gasoline light, gas light, or electricity in the city of St. Paul ; provided only that this shall not apply to such persons as are duly authorized by any contractor or contractors having at the time under their charge or con- trol any of said street lamps, or having the contract for lighting any of said street lamps above enumerated, nor shall it apply to any person who is duly authorized by the City of St. Paul to remove or deal with any of the lamps or parts of lamps above specified. (Ord. No. 1797, approved Jan. 3, 1895. §§ 1, 2.) 601. Policemen to inspect lamps and report to chief — Report to be entered in record. — That it is hereby made the duty of each patrolman of the police force of the City of St. Paul to inspect the street lamps of the city within the dis- trict and territory included within the beat of each patrol- man, and to report the result of such inspection to the chief ( 'i police daily, in which report each patrolman shall state the number of lamps inspected which are nol in good con- dition and the location of the same, and whether the same are gas lamps or gasoline lamps, and such reports shall he entered in the records kept in the office of chief of police for thai purpose. Each patrolman shall also include in such reporl a statemenl of the number of lamps thai are no1 lighted during the night, and als.» the cause thereof, so far as the same i an be ascertained, ird. No. 1682, approved May L6, 1893, § i.i •'•'II 602. Chief of police to report to city comptroller, monthly, number of lamps out. — All of the duties imposed upon the patrolmen under and by virtue of this ordinance shall be exercised under the supervision of and as directed by the chief oi police of the City of St. Paul, and the chief of police shall report to the city comptroller on the first of each month the number of lamps that have been reported out during the preceding month, as shown by the records in the office of the chief of police. (Id. § 2.) 603. Lamps and posts — Police to protect. — It is hereby made the special duty of the police force of the city of St. Paul to enforce the provisions of article thirty-eight (38), section one (1), of the ordinances of the city of St. Paul, passed Oct. 7,. 1869 (§ GOO. Article XLVIL, Lamps and Lamp Posts'), relating to the protection of any lamp post or city lamp in the limits of said city from damage, injury oi deface- ment by careless or malicious persons ; also to guard and care for said lamps, lamp posts and the appurtenances thereto, and to arrest summarily any person or persons vio- lating the ordinance or ordinances passed or to be passed in accordance therewith. (Orel. No. 594. approved Nov. 17, 1885, § 1.) 604. Meters, testing of — Interference with meters, penalty and liability. — AYhenever a customer of gas furnished by the St. Paul Gaslight Company shall apply to the city clerk to have the gas meter supplied to him, or her, by said com- pany, examined to test the accuracy of such meter, the said company shall be forthwith notified, and a competent person shall be chosen by said city clerk and the said company, who (with a written certificate of authority from said clerk, and not otherwise), shall proceed and examine and test such customer's meter, and if said meter is shown to register too much. then, and in that case, said meter shall be taken out and made to register correctly, or replaced by a new and accurate meter, and the expense of said examination and test shall be paid by said company ; but in case such meter is shown to be substantially correct in its registry, then the 221 expense aforesaid shall be paid by the customer requesting the examination and test to be made. Any person or per- sons not duly authorized by said company, who shall dis- connect or otherwise interfere in any manner with any meter or meters furnished by said company to customers, and any customer or customers of gas who shall consent to such dis- connection or other interference without the previous con- sent being obtained from said company shall upon convic- tion pay a fine for such offense not less than five dollars ($5) nor more than twenty-five dollars ($25), and shall be further liable for any injury or loss sustained by said com- pany by reason of such disconnection or other interference. 605. Poles, wires, etc., of electric light companies — Inter- ference with — Penalty and liability. — It shall be unlawful for any person or persons to cut or otherwise damage or interfere with the poles, wires or other property of any com- pany or corporation duly authorized to manufacture and furnish electric light to the City of St. Paul, or to the citizens or residents thereof in cases where such poles, wires or other property have been lawfully located and placed where they shall be found at the time of such interference, and any person or persons who shall carelessly or maliciously cut or otherwise damage or interfere with the poles, wires or other property of any such company or corporation so law- fully located or placed, shall pay a fine for each offense of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100), and shall be further liable for any loss or injury sustained thereby by any such company or c< >rporati< >n. (Id. § 8.) LEVEES, PUBLIC. 606. Penalty for allowing wood, hay or other thing to remain on public levee, how long after having been landed. — Any person or persons who shall suffer any wood, lumber, or hay, lime or anything whatsoever, to remain upon any of the public levees of the city for a longer period than forty eighl Mm hours after tin- same shnll have been landed from any railroad, steamboat, barge, or raft, shall, upon conviction g«2 thereof, lie lined not less than ten dollars ($10) nor more than one hundred dollars ($100.). i Mun. Code of 18Si and Compilation of 1896.) 607. Steamboats, etc., not to be loaded or unloaded at levee, etc., on Sunday — Penalty. — That it shall not be lawful for the owner, agent, or any other person having the charge or control of any steamboat, boat, barge, or other vessel, to receive upon or discharge, or unload, or cause or permit to be received upon, discharged, or unloaded, from such steam- boat, boat, or vessel, any freight or loading at any levee, wharf, or landing, within the corporate limits of the city of St. Paul, on Sunday. (Id.) 608. Penalty. — Any person violating any provision of this ordinance shall, on conviction thereof, be punished by a fine not exceeding one hundred dollars ($100) and not less than twenty-five dollars ($25). (Id.) 609. Privileges, Sixth ward levee (to expire not later than July 1, 1916.) — Whereas, the common council of the City of St. Paul has by various ordinances granted rights and privileges to different parties to use portions of the Sixth ward levee in the City of St. Paul, which ordinances are for different periods of time ; and it is the opinion of the council that the rights and privileges granted in said levee should be made to terminate as near as possible, and about the same time ; and that the ordinances granted for the longest period of time will terminate, according to the pro- visions of said ordinance, during the year 1916. Xow, therefore, the common council of the city of St Paul do ordain as follows: That all rights and privileges hereafter granted by ordi- nance to any party to use any portion of the Sixth ward levee, in the City of St. Paul, shall be drawn and drafted so that the rights and privileges acquired thereunder by the grantee shall expire at a date not later than the first day of July, 1916. (Ord. No. 1539, approved Oct. 6, 1891, preamble and § 1.) 223 LICENSES, INSPECTOR OF LICENSES, STEAMSHIP TICKET SELLERS, DIME MUSEUMS, ROLLER SKATING RINKS, THEATERS, MENAGERIES. 610. License costing more than five dollars, duration of— Proportionate payment, when. — All licenses, except for the sale of intoxicating liquors, which are hereafter issued under and pursuant to any ordinance of the City of St. Paul, Min- nesota, where an annual fee of more than five dollars ($5) is prescribed and charged therefor, shall be issued for the period from the date of the application therefor to the thirty-first day of December next succeeding, and shall all expire on the thirty-first day of December next after their issuance ; provided, however, that whenever any such appli- cation for a license is made after the first of January of any year, such applicant shall, upon compliance with all other requirements of said ordinances, be entitled to receive a license for the remainder of such year upon payment, in advance, of one three hundred and sixty-fifth (1-365) part of such annual license fee, for each day from the date of such application to the end of the year. (Ord. No. 1587, approved March 8. 1892, § 1.) 611. Ordinances re-enacted. — Save as amended and modi- fied by this ordinance, ordinance number seven hundred and sixty-six (766), entitled "An Ordinance to provide for the licensing, regulation, and control of intelligence and employ- ment agents and railroad ticket agents," approved April 21, 1887, and all other ordinances of said city providing for the licensing, regulation, or control of persons, pursuits, or occupations of any kind or class, are hereby re-enacted and in all things ratified and confirmed. (Id. §2. See, also, "Intelligence Offices," Ordinance L868, superseding Ord. 766.) 612. Applicant for license to make affidavit. — Thai each m hereafter applying for and taking oul a license for any business, trade, calling or occupation within said city shall make and file an affidavit with the city clerk, as part of his application, wherein he shall stale, under Math, whether or not he has, at the time of making such application, en- 224 gaged in the business for which he seeks a license, and the license issued shall bear date as of the time when he com- menced such business. (Id.) 613. Inspector of license — To be detailed from police force — Compensation. — That hereafter, as at present, one member of the police force shall be detailed by the mayor as inspector of licenses, whose compensation from and after Aug. 1, 1892, shall be at the rate of $1,200 per annum, payable monthly out of the police department fund, and the person so detailed shall be placed on the police pay roll at that rate. (Ord. No. 1636, approved Nov. 1, 1892, § 1.) 614. Steamship ticket sellers, dime museums, roller skat- ing rinks — License. — All persons engaged in any of the here- inafter named employments, business, or occupations shall pay annually into the city treasury of said city the sums hereinafter named as a license to carry on said employments, business, or occupation in the manner and at the time as now provided by ordinances, viz. : Steamship ticket seller $100.00 Dime museums, each 75.00 (Ord. No. 601, approved Dec. 15, 1885, § 1. See, also, "Roller Skating Rinks" and "Theaters.") LOITERING (MINORS). Ordinance No. 2035. (Approved March 17, 1899.) 615. An Ordinance prohibiting persons under sixteen years of age from being, loitering or remaining on the public streets, alleys or other public places in the city of St. Paul between certain hours, and pre- scribing penalties for the violation thereof. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. It shall be unlawful for any person under six- teen years of age to be, loiter or remain in or upon any of the streets, alleys or public places in the City of St. Paul at night, from the first day of March to the thirty-first day of August, inclusive, of each year, between the hours of nine (9) o'clock p. m. and five o'clock a. m.. and from the first dav of September to the last day of February, inclusive, of each year, between the hours of eight-thirty (8:30) o'clock p. m. and five (5) o'clock a. m. Provided, however, that this ordinance shall not apply to any person accompanied by parent or 'guardian, or other proper legal custodian, or to any person engaged or employed in any lawful business or occupation requiring him to be in or upon the streets, alleys or other public place or thoroughfare of the City of St. Paul, or to any person going to or from such business or occupation, or to persons having a written order or per- mit from parents or guardians or other proper legal custo- dians, dated as of the date when found in or upon such streets, alleys, public grounds or thoroughfares, or to persons in the performance of an errand or duty directed by such parent, guardian or other proper legal custodian. 616. Sec. 2. Persons under sixteen years of age. — It shall be unlawful for any parent, guardian or other person hav- ing the legal care and custody of any person under sixteen years of age to allow or permit any such child, ward or other person under such age to go or be, or loiter, or remain in or upon any of the streets, alleys or public places in the city of St. Paul within and between the hours named and prohibited in section one of this ordinance, unless there exists a reasonable necessity therefor. 617. Sec. 3. Duty of police. — Each police officer in the City of St. Paul is hereby authorized and directed to arrest, without warrant, any person violating the provisions of sec 1 i' hi one of this ordinance, but no person so arrested shall be placed in confinement until his parent, guardian or other proper legal custodian shall have been notified of such arrest, and shall have refused to insure or compel an obedience by such person so arrested of the provisions of this ordinance. 618. Sec. 4. Penalty. — Any person violating the provi- of section two of this ordinance shall, upon conviction thereof, in the municipal court of the City of St. Paul, be subject to a fine of not less than five ($5) dollars nor more than twenty ($20) dollars, or by imprisonment in the work- house of the city of St. Paul for not more than twenty (20) days, or by both, for each offense. 619. Sec. 5. Duty of police judge. — It shall be the duty of the judge of the municipal court of the City of St. Paul, upon the arrest of any person under sixteen years of age for the violation of the provisions of section one of this ordi- nance, to inquire into the facts of said arrest and the condi- tion and circumstances of such person so arrested, and if it shall appear that such person so arrested, for want of proper parental care or other control by guardian or other proper legal custodian, is growing up in mendicancy or vagrancy, or is, or is becoming incorrigible, to cause the proper proceedings to be had and taken, as authorized and provided by law in such cases. This ordinance shall take effect and be in force from and after its passage, approval and publication. LUMBER YARDS. Ordinance No. 2436. (Approved March 19, 1904.) 620. An Ordinance relating to lumber yards and wood yards. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That hereafter no person, company or corpora- tion shall establish, maintain and conduct any lumber yard or wood yard within one hundred and fifty feet of any inhab- ited portion of any residence district, without first securing the consent and permission of the common council so to do. 621. Sec. 2. Penalty. — Any person who shall violate any of the provisions of this ordinance shall be guilty of a mis- demeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars ($100) for each and every offense, and each day the same is so main- 227 tained and conducted in violation of this ordinance shall be a separate offense. Sec. 3. This ordinance shall take effect and be in force from and after its passage and publication. LUNCH WAGONS. Ordinance No. 1955. (Approved September 18, 1897.) 622. An Ordinance to license persons engaged in the busi- ness of furnishing meals and lunches from lunch wagons upon the streets of the city. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. No person shall engage in the business of fur- nishing meals, lunches or other articles of food for pay, from lunch wagons, or any other kind of a vehicle, upon the streets of the City of St. Paul, without having obtained a license so to do, as herein specified. 623. Sec. 2. License fees. — The fee for a license to engage in the business specified in section 1 of this ordi- nance is hereby fixed and established at the sum of fifty (50) dollars for each wagon or other vehicle used in such business, which fee shall be paid into the city treasury of the City Of St. Paul, for which the city treasurer shall issue a receipt, and the party desiring to secure such a license shall file the receipt so 'issued, together with his application for a license with the city clerk of said city, and said clerk shall issue to tin- person paying said sum a license f"r the term of one year, to engage in such business using one vehicle therefor, and when such license shall have been issued to any person as above specified, such license shall authorize the person therein named to locate such lunch wagon as the licensee designates, on any of the public streets in the I of St. Paul, provided that such wagon must he so located as to cause no obstruction or nuisance on any such sheet, and provided further that no wagon shall be located within one hundred feet of any restaurant, lunch "i" eating h o'clock a. m. until 2 o'clock |>. m. ol each week day. and no person shall sell or expose lor sale upon said markel any meats, fish, vegetables, fruits, garden truck or farm products, earlier than »; o'clock a. m. or after 2 o'clock \>. m., and from i; o'clock a. ni. until noon, IP. person, firm or corporation other than regular anil rec- ognized dealers therein, or regularly licensed peddlers thereof -hall sell at any other place or places than public markel any meats, fish, fruits, vegetables or other 830 farm truck or garden products, and they only at their regular places of business; and all grocers or other retail dealers in any meats, fish, vegetables, fruits, berries or articles of farm produce sold upon said public market are hereby prohibited from 6 o'clock a. m. until 12 o'clock noon from buying said articles, except upon said market, except for the use of his or her or their own family or families. All buyers patron- izing said market are prohibited from bringing teams and vehicles thereon until 6 o'clock a. m. 629. Sec. 4. Renting of stalls. — Stalls and booths upon said market may be rented for one year or any less period, singly or in groups. Any person or association of persons desiring to rent stalls or booths for one month or more, or for one year or less shall make written application therefor to the joint committee on markets of said common council, specifying the number and location thereof, the length of lease sought and the price by them bid or offered. Said committee on markets shall consider such applications and by resolution award to the successful applicant in such case the booths or stalls described in his application. The city clerk of said city shall forthwith deliver to each successful applicant a receipt, in conformity with the resolution of said committee, which shall entitle the holder to the use of the stalls or booths therein described for the period specified. The rental for stalls and booths shall in all cases be pay- able in advance, but may be paid yearly or in quarterly installments at the option of the lessee. Default in payment of rent shall immediately terminate all rights of the lessee to the stalls or booths rented, without other or further notice. The city clerk shall immediately turn over to city treasurer all moneys received by -him, taking his receipt therefor, as provided in the charter of said city. The said market master is empowered to rent all stalls and booths, whether the same have been rented by said joint committee on markets or not, providing said stalls or booths are not actually occupied at the time by the lessee thereof, at the rate of ten cents per day or fraction thereof, payable in ad- vance and, in the discretion of the market master, payable by the day or week. The market season shall be deemed to 231 extend from May loth to November 15th of each year, and no market shed shall be leased for less than ten cents for each week day, nor shall any booth be leased for less than $10 per month, during said market season. 630. Sec. 5. Horses on market. — Neither single horses nor teams shall be allowed to stand upon said market, but after the wagons and vehicles are in their proper place upon said market said horse or horses shall be removed from the market. 631. Sec. 6. Teams — How to leave. — All teams shall enter said market from Jackson street and leave the same on the Temperance street side thereof. 632. Sec. 7. Market Master — How to be chosen. — The common council of the city of St. Paul, acting in joint ses- sion, shall, on the first Tuesday in December, 1902, and biennially thereafter, on said day, elect some suitable person as market master, who shall hold office from the 1st day of January following" his election and until his successor is elected and qualified, who shall perform such duties as may be prescribed by law or the ordinances of said city. 633. Sec. 8. Bond of market master. — Before entering Upon the duties of his office, said market master shall execute and deliver to tin- city d*f St. Caul a smvt\ company bond in the sum of one thousand dollars, conditioned for the Eaithful irmance of his duties as such officer. 634. Sec. 9. Duty of market master. — It shall he the duty of the said market master, under the direction of the join! committee on public buildings, city property ami markets, to cause said mark-el to he thoroughly eleamd- to cause wagons and other vehicles to he placed in the passageways of said market SO as to besl -m'l the convenience of ike public and ike buyers and sellers, and to assign to ike K stalls and booths the locations to which 1 1 1 < \ are entitled; to take charge of and safel} keep ike weights and measures belonging to ike city, and neither use nor suffer the same to he used for an) other purpose than thai of testing any suspected weights or measure-; to ] > i . - < f \ t ■ . .1 . 1 1 f during the 232 market hours and to prevent and remove all obstructions upon said market, and nuisances found therein, and to re- move all vagrants ami disorderly persons found wandering on or about said market; and it shall be the specified duty id market master to cause all of the provisions of this and all other ordinances that may be passed relating to the public market to be observed and obeyed and to cause all violations of the same to be prosecuted before the municipal court of said city, and to make all seizures authorized by this ordinance. 635. Sec. 10. To be special policeman. — It is hereby made the duty of each person elected market master to apply for and obtain a commission as policeman; provided, that said market master so appointed policeman as aforesaid shall receive no additional compensation, nor shall he be required to do any duty as policeman, except that in connection with the duty as market master. 636. Sec. 11. Authority of market master. — The market master shall have authority to order and remove from said market any person thereon guilty of any violation of this ordinance, or who shall fail to obey any legal order of said officer. 637. Sec. 12. Weighing instruments. — The market mas- ter shall keep at some convenient place a scale and other implements for weighing and measuring, duly tried and tested, with which he shall, whenever requested, and without charge, weigh and measure any article presented for that purpose. 638. Sec. 13. To seize underweight articles. — The mar- ket master shall seize all articles which are exposed or offered for sale on the market that are of less weight than represented by the seller, and all articles attempted to be sold by false weights or measures, and shall sell the same at public auction to the highest bidder, and pay the proceeds into the city treasury. 639. Sec. 14. Collection of rents.— It shall be the duty of the market master to collect all rents, other than those col- lected by the city clerk, for the use of stalls and booths, other than those rented for a full season, and said market master shall pay into the city treasury each day all moneys so collected by him, and shall take the receipt of the city treasurer therefi t. 640. Sec. 15. .Tickets to be issued. — It is hereby made the duty of the city clerk of said city to issue to the market master properly signed and stamped tickets, and the market master, upon the receipt of any money received by him by virtue of his office, shall deliver to the person paying the same a ticket stating- the amount paid : and the said market master shall at least once in each week account to the city clerk of said city for all tickets so sold by him, and shall receive from said city clerk a statement that all tickets issued have been accounted for. 641. Sec. 16. Penalty and fines. — A failure on the part of the market master to 'ohserve any of the provisions of the two foregoing sections is a misdemeanor, punishable by a fine of not less than seventy-five nor more than one hun- dred dollars, and such failure on the part of the market master shall further he cause for his removal from office by the common council, as provided by the charter of said city. 642. Sec. 17. Same. — Any person who shall in any par- ticular violate any provision of this ordinance shall, on con- viction thereof before the municipal courl of the City of St. Paul, he punished by a fine in any sum not less than ten dollar- nor more than one hundred dollars for every such offense, or by imprisonment therefor in the St. Paul work- house for a period of not exceeding thirty days. Sec. Is. This ordinance shall take effect ami he in force from ami after its passage, approval ami publication. 643. Assignment of lease of stalls, etc. — Consent of coun- cil — Forfeit. — No assignment or transfer of the lease of any or either of the butcher's Stalls, Scores, or of the restaurant shall he of any force or effect whatever agaiflSl said city without the consenl of tin- common conm-il first had. and an) attempt to assign, transfer, or set over any or either of 234 the said leases therein named to any person shall forfeit and render such bond invalid, if the common council so order. (Ord. No. 430, approved Aug. 5, 1884, § 8.) 644. Occupying stall, etc., for purpose other than that for which rented — Forfeit. — Any attempt to occupy any stall, store or the restaurant for any purpose other than that for which it was specifically rented shall forfeit and render void the lease for the same. (Id. § 9.) 645. Tubs for offal. — Every butcher occupying a stall in said market shall procure and place in such stall a suitable cask or tub, in which he shall deposit or cause to be depos- ited the offals of all slaughtered animals brought or caused fo be brought by him therein ; and such person shall, within one hour after the closing of the market house, remove, or cause to be removed therefrom, all such offals as aforesaid. (Id. § 16.) 646. Provisions to be sound and wholesome — Penalty — Weights and measures. — All provisions opened and exposed for sale in said market shall be sound and wholesome, and of pure and good quality, and if otherwise shall be seized and forfeited, and the seller or manufacturer thereof, and alt and every person engaged in such sale and manufacture, shall be liable for each offense to a penalty not exceeding one hundred dollars ($100) ; and all weights and measures used therein shall be in conformity with the standard weights and measures, as regulated by the laws of this state. (Id. § 17.) 647. Vegetables to be placed as directed by market mas- ter — Unwholesome vegetables. — All vegetables offered for sale in said market place shall be placed in such manner as the market master may direct, and if any such vegetables shall be deemed by said market master to be unwholesome or unfit to be consumed or used, he shall order the owner or owners thereof to remove the same forthwith from the public market, and if such owner or owners shall neglect or refuse to so remove such vegetables as aforesaid it shall be 235 the duty of said market master to remove the same without delav. (Id. § 18.) 648. Horse, etc., not to be driven, etc., on market place — Nor animal slaughtered or offal, filth, etc., deposited. — No person shall ride, drive, lead, or place any horse or other animal into or upon the market house, market place, or foot- ing pertaining thereto, or kill or slaughter any animal in market, throw or deposit any animal or vegetable offal, filth, meat, dead animal, fowl, or fish, or any noisome substance, in or about the market house or place. (Id. § 19.) 649. Vehicles to be removed as soon as articles are sold. — Whenever any person shall have sold or disposed of the commodities brought by him or her to market for sale in or on the market place, he or she shall forthwith remove his or her vehicle therefrom. (Id. § 21.) 650. Selling on Sunday prohibited. — No person shall ex- pose or offer for sale any article in the market place on Sun- day. (Id. § 22.) 651. Articles previously purchased — Space not to be occu- pied for sale of. — It shall not be lawful for any huckster, fore- stalled grocer, or other person to occupy the space in or aboul the public markel house for the purpose of vending any meat, butter, vegetables, fruits, nuts, or other articles of merchandise previously purchased by them. "(Id. § 23.) 652. Liquors not to be sold or given away in market. — No person -hall, in market, sell or give away any wines, spirituous, intoxicating, mixed, <»r Fermented li<|u<>rs or cider. (Id. § 24.) 653. Lounging and smoking forbidden. — Mo person not having lawful business in or aboul the markel shall i < 1 1 lounge, walk-. <r alu.ni the markel place; nor ^hall 836 smoking of tobacco be allowed in said market house dur- ing market hours. (Id. § 25.) 654. Intoxicated persons — Unruly animal. — No person in a state of intoxication shall go upon said market place during market hours, nor shall any person bring or suffer to come with him, into or upon said market place, during market hours, any unruly or dangerous animal. (Id. § 26.) 655. Calves and sheep — Selling and confining forbidden. — Xo person shall sell or expose for sale in said market place any live calves or sheep, nor shall any butcher or other per- son tether or tie, or otherwise confine any calf or sheep, and suffer them to remain in that condition., in any market place or space in said city. (Id. § 28.) 656. Butter, lard, honey, sale of. — Butter, lard and honey, sold in market, shall be sold by avoirdupois ; wdien butter is put up in rolls or balls, each roll or ball shall contain not less than one pound. (Id. § 29.) 657. Manufactured goods — Sale of forbidden. — Xo person shall expose or offer for sale in any market place any manu- factured goods, wares, or merchandise. (Id. § 32.) 658. Only vehicles and horses stationed by market master to be in market space — Animals not to be fastened to railing, etc. — Injuring and defacing market house — Vehicles and ani- mals not to be driven on floor. — It shall not be lawful for any person to leave any wagon or other vehicle or horse, or suffer the same to stand or remain within any of the market spaces, except such horses or vehicles as are, by the direction of the market master, stationed as aforesaid ; nor shall it be lawful for any person to tie or fasten any horse or other beast to the railing, or other part of said market house ; nor break, injure, nor deface, in any way, any part of said market house, or the fixtures or apparatus belonging thereto, nor drive any vehicle, nor to ride or drive- any animal through or on the floor of any market house in said city. (Id. § 35.) 659. Provisions of ordinance extended to embrace, what. — The provisions of this ordinance shall be so extended as to embrace all spaces, streets, and commons where market wagons may be stationed, by order of the market master, or where provisions are retailed from markets or stands. (Id. § 36.) 660. Violation of ordinance — Second conviction forfeits lease. — If any lessee of any store, butcher stall, or the res- taurant in the public market shall be twice convicted of any violation of any ordinance in relation to markets, his lease shall, on the second conviction, be adjudged to be forfeited. (Id. § 37.) 661. Boxes, barrel, etc., not to be placed on market space. — Xo person shall put or place any box, barrel, bench, or other article on the market space, street, or sidewalk where market is held, during market hours, except wagons and other vehicles. (Id. § 38.) 662. Articles purchased in market or on streets not to be sold in market place. — No person, after having purchased in market, or upon any of the public streets of said city, any poultry, wild game, meat, butter, or eggs, fruit, vegetables, or other articles, whatever, shall sell, or offer to sell the same in the market place established by this ordinance. (Id. § 30.) 663. Poultry, etc., purchased less than five miles from city. — No person shall sell, or offer for sale, any poultry, wild game, meat, butter, or eggs which have been obtained by purchase less than five (5) miles from the city, of any on or persons bringing such article or articles to tin- city. (Id. § M.i 664. Resisting market master — Penalty. — Every person who shall resist said markel master in the lawful discharge of the several duties imposed upon him by this ordinance 238 shall be fined, on conviction thereof before the municipal court, in a sum not exceeding- fifty dollars ($50). (Id. § 44.) 665. Weights and measures — Unripe cranberries — Duty of market master. — It shall be the duty of the market master to have enforced within the city the provisions of an act entitled "An act to secure uniformity in weights and meas- ures, being Chapter 27 of the Public Statutes, and Chapter 32 of the Revised Statutes of the State of Minnesota, approved March 12, 1861 ;" also "An act to prevent the sale of unripe cranberries, approved February 25, A. D. 1861." And when- ever any violation of either of the acts are brought to his knowledge, to commence proceedings before the municipal court against the offender or offenders. (Id. § 45.) 666. Penalty for violating ordinance. — Any person who shall, in any particular, violate any provisions of this ordi- nance shall, on conviction thereof before the municipal court, be fined in any sum not less than ten dollars ($10) nor more than one hundred dollars ($100) for every such offense. (Id. § 48.) 667. Ordinances repealed. — All ordinances and parts of ordinances contravening the provisions of this ordinance are hereby repealed. (Id. § 49.) 668. Quarters of beef and quarters or more of pork and mutton — Market master to weigh and attach seal, etc. — Pen- alty for offering for sale without seal — Ord. 1790 repealed. — It shall be the duty of the market master to weigh all quarters of beef and all pork and mutton in quantities of one quarter or more, offered for sale at the public markets of the city of St. Paul, and to attach to the same a seal in such manner that the same cannot be readily removed therefrom, showing the weight of each, and such seal shall not be removed by the owner or vender thereof while the said beef, pork or mutton remain in the market for sale; and no such pork or mutton or quarters of beef shall be offered for sale at such market unless such seal indicating the weight thereof, as weighed by the market master, be attached. 239 €69. Penalty. — Any person offering a quarter of beef, or any pork or mutton, in quantities of one-quarter or more, for sale in the public markets of said city without a seal affixed as aforesaid shall forfeit the privilege of the market, and shall be fined in the sum of not less than five (5) nor more than ten (10) dollars, or be imprisoned for not less than five (5) nor more than ten (10) days. Ordinance No. 1790 is hereby repealed. (Ord. No. 1858, approved Dec. 19, 1895, §§ 1, 2.) MEDICINES. Ordinance No. 2305. (Approved August 22, 1902.) €70. An Ordinance regulating the distribution of sample patent medicine fixing a license therefor, and a penalty for the violation thereof. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That hereafter it shall be unlawful for any per- son, firm, or corporation to distribute, or cause to be dis- tributed, sample patent medicine, whether the same is made up in the shape of boxes, bottles or packages, without first having obtained a license for that purpose, as hereinafter provided. 671. Sec. 2. To be examined. — Any person, firm, or cor- poration desiring to distribute, or cause to be distributed, any of the said sample patent medicine aforesaid, may pre- sent one of said samples to the health department of the city of St. Paul for examination, and it is hereby made the dut\ of the commissioner of health, and his assistants, to make such examination. If upon investigation the same is found free and clear Of any and all injurious substances, then l1 is hereby made the duty of the commissioner of health, and he is hereby authorized to issue a certificate to thai effect, which said cer- tificate shall remain in possession of the person, firm or cor- poration so distributing said sample patent medicine, and shall constitute hi^, their of its license for so doing. 340 672. Sec. 3. Penalty. — Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof, be fined in a sum not less than $5 nor more than $50, or by imprisonment for not loss than five days nor more than twenty-five days. Sec. 5. This ordinance shall take effect and he in force from and after its passage, approval and publication. MILK INSPECTION. Ordinance No. 2042.. (Approved April 22, 1899.) 673. An ordinance to provide for the inspection of milk, dairies, and dairy herds, and to license and regulate the sale and disposition of milk in the city of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That from and after the passage and approval of this ordinance no person shall engage in the sale or dis- position of milk within the city of St. Paul without first having obtained a license so to do in the manner hereinafter provided. 674. Sec. 2. Application — How made. — Any person de- siring a license to engage in the sale or disposition of milk, as provided in section one (1) hereof, shall first make appli- cation therefor to the common council by filing with the commissioner of health of the city of St. Paul, for presenta- tion by him to the common council of said city, an application in writing therefor, which said application shall set forth with reasonable exactness the name and place of residence of the applicant, the exact location or place from which the applicant obtains or is to obtain his milk, and, if the appli- cant is not a producer of milk, then the name of the person or persons from whom he obtains, or is to obtain, his milk for sale or distribution, and, if said applicant is a producer of milk, the number of cows in his dairy herd or, if he is not a producer of milk, the number of cows in the dairy herd of the person or persons from whom he obtains, or is to 241 obtain, his milk ; and said application shall further set forth the manner in which the applicant intends to dispose of his milk when licensed, according to the provisions of this ordi- nance, and shall be signed by the applicant, and when received by the commissioner of health shall be placed on file, and the name of the applicant shall be registered in a book of registration kept for such purpose. 675. Sec. 3. After application — May do business. — The filing of the application provided for in the next preceding section shall authorize the applicant to engage in the sale or distribution of milk, and to continue in the prosecution of that business, if he shall, at the time of the filing of the appli- cation, be engaged in the business of selling or distributing milk, until the common council takes action thereon and either issues a license to the applicant or refuses so to do. 676. Sec. 4. Officers to inspect. — Any such' applicant, or any person from whom such applicant obtains, or is to ob- tain, his milk, shall permit the officers of the department of health of the City of St. Paul to inspect the dairy and dairy herd of such applicant, or the dairy and dairy herd of the person or persons from whom the applicant obtains, or is to obtain, his milk, together with all appliances and milk ves- used therein, and any refusal upon the part of such appli- cant, or upon the part of the person or persons from whom such applicant obtains, or is to obtain, his milk to permit the inspection above referred to shall be deemed a sufficient ground upon which the city council may refuse to issue the license applied for. 677. Sec. 5. Herds examined. — Upon the filing of the application with the commissioner of health, as provided in section two (2) hereof, said commissioner, or an authoi inspector or veterinary, acting under his instructions, shall proceed, without unnecessary delay, to insped the dairy and dair) herd of guch applicant, or the dairy and 'dairy herd of the person or persons from whom the applicant obtains, or is to obtain, his milk for sale or distribution within the cor- porate limits of the city of St. Paul, ami it shall he the duty of said commissioner of health to make, or cause to he made 242 under his direction and supervision, an examination and in- spection, not only of each and every animal producing milk for sale or consumption within the corporate limits of said City o\ St. Paul belonging to or controlled by the said appli- cant, or the person from whom said applicant obtains, or is to obtain, his milk, but also of each and every cow, heifer, bull, steer or calf over the age of six months in the dairy or dairy herd of such person, for the purpose of detecting the presence or absence of tuberculosis, or any other contagious or infectious disease, and said commissioner of health, or his •said authorized inspector, acting under his direction and supervision in making such inspection and examination, is liereby authorized to use what is commonly known as the tuberculin test as a diagnostic agent for the detection of tuberculosis. 678. Sec. 6. Animals to be tagged. — After such examina- tion and inspection of the dairies and dairy herds as in the next preceding section provided, an authorized agent of the department of health of the city of St. Paul shall tag each and every animal so examined, which tag shall be of such character as to afford a permanent record of such examina- tion, nor shall such tag be altered, mutilated or removed by anyone other than an authorized agent of the health depart- ment of the City of St. Paul, and the result of the same as regards the presence or absence from an infectious or con- tagious disease, and immediately thereafter, and without un- due or unnecessary delay, the commissioner of health shall present the application in section two (2) hereof provided for, to the common council of the City of St. Paul, and shall accompany it with a report which shall contain the result of the examination and inspection of the dairy and dairy herd of the applicant, or of the dairy and dairy herd of the person or persons from whom the applicant obtains, or is to obtain, his milk for sale or distribution within the corporate limits of the City of St. Paul ; and the commissioner of health shall also state in such report what disposition, if any, has been made by the applicant, or the person or persons from whom the applicant obtains, or is to obtain, his milk of the animals which were found to be affected with tuberculosis 243 or any other contagious or infectious disease, if any there were, and whether or not any animals so diseased are used by the applicant or person or persons from whom the appli- cant obtains, or is to obtain, his milk for the production - of milk for sale or distribution for consumption within the cor- porate limits of the City of St. Paul. Sec. 7. Method of determining. — The common council shall thereupon, after proper investigation, whether from a consideration of such report or from other sources, adjudge and determine what applicants may be entitled to obtain a license for the sale or distribution of milk within the corpo- rate limits of the City of St. Paul, and shall thereupon by resolution grant the license applied for to such of the appli- cants as may be, in the opinion of the common council, enti- tled thereto under the provisions of this ordinance. Sec. 8. Licenses — How issued. — It shall thereupon be the duty of the commissioner of health, upon due notice from the city clerk of the passage of the resolution or resolutions in the next preceding section provided for, to issue a license or licenses to sell or distribute milk within the corporate limits of the City of St. Paul to each applicant named in such resolution or resolutions as is entitled thereto, which said license shall be numbered and signed by the commissioner of health, and a record thereof shall be kept in the book of registration provided for in section two hereof, and said license shall be valid and effective for the period of one year from and after the date of its issuance, and no longer. Sec. 9. Form of license. — Eaeh licensee shall cause his name and his place of business, and the number of his license to be legibly placed in a conspicuous place on the outer side of nil carriages, wagons, sleighs or other vehicles used by him in the sale or distribution of milk within the cor- porate limits of the City of St. Paul, and all licensees who sell milk from stores or shops shall keep their licenses con- stantly posted in a conspicuous place upon the wall of the room within which such -ale of milk- is prosecuted or car- ried on. 2 I 1 679. Sec. 10. Milk — Quality defined. — No person shall offer or expose for sale, or sell, or distribute, or deliver for sale or consumption any unclean, impure, unhealthy, un- wholesome or adulterated milk, and no person shall keep animals for the production of milk for sale or distribution within the corporate limits of the City of St. Paul in an over- crowded condition, or in barns and stables or other buildings which are not properly ventilated, or which are in an unfit and unclean condition from any cause, nor shall any person draw, or suffer to be* drawn, milk from animals which are themselves in an unfit or unclean condition, or from animals which are affected with tuberculosis, or any other form of disease, or from animals which are fed either wholly or in part upon distillery waste or brewery grains, or the waste of vinegar factories, in a fermented condition, or upon any other form of food which is calculated to produce milk which is unhealthy or unwholesome, or from animals which are supplied with water which is impure and unwholesome, nor shall any person keep, or suffer to be kept, any milk or milk product intended for sale or distribution in unfit or unclean vessels, nor in any unfit or unclean room or building, or in any room or building used as a 'sleeping apartment, or for any other purpose incompatible with the proper preservation of the cleanliness, wholesomeness or healthy condition of the milk or milk vessels kept therein, and all milk thus kept or produced is hereby declared to be unclean, impure, unhealthy and unwholesome milk, within the meaning of this section; and any milk which is shown by analysis to contain a pre- servative, or any other substance or substances of any char- acter whatever not natural or normal constituents of milk, or to have been deprived either wholly or in part of any con- stituent naturally or normally contained in milk, or which is shown to contain more than eighty-seven (87) per cent, of water fluids, or less than thirteen (13) per cent, of milk solids, of which less than three and one-half (3%) per cent, shall be fat, is hereby declared to be adulterated milk within the meaning of this section, and any such unclean, impure, unhealthy, unwholesome or adulterated milk may be seized 245 and confiscated by the commissioner of health or his duly appointed, qualified and authorized inspectors. 680. Sec. 11. "Skimmed milk." — No person shall, within the corporate limits of the City of St. Paul, have in his pos- session with intent to sell, offer or expose for sale, or sell, or deliver for sale or consumption, in any store or place of busi- ness, or from any wagon, sleigh, cart or other vehicle used in the distribution or sale of milk, any milk from which the cream has been removed, or milk commonly known as "skimmed milk," without first marking the can or package containing said milk and from which said milk is delivered to the purchaser or consumer with the words "skimmed milk'' in large, plain letters, each letter being at least one inch high and a half inch wide, and to be placed in such position as to be easily seen when such milk is sold and delivered. 681. Sec. 12. Right of inspectors. — In order to carry out the provisions and purposes of this ordinance, the commis- sioner of health, and all other officials, inspectors and em- ployes of the department of health in the city of St. Paul, shall have the right at any and all times to enter upon or in the premises of any person licensed under the provisions of this ordinance, to examine and inspect the dairy and dairy herd of such licensee, and to appropriate a reasonable amount of any milk or milk product in the possession or under the control of such licensee for the purpose of use as samples and for inspection or test, and they shall also have the right to enter upon or into the premises of any person or persons from whom such licensee obtains his milk for sale, to inspect and examine the dairy and dairy herd of such person or per- sons; and each licensee, under the terms hereof, shall give at leasl three days' notice in writing to the commissioner of health of an intention on his part to obtain his milk from other persons than those named in his original application, and any failure upon his pari 30 to '1". Or anv refusal upon the pari "f said licensee, or upon the pari of the person "i- per- sons from whom said licensee obtains his milk t,, ,-dlow such entrj or inspection as may In- required under the terra this ordinance shall be followed by an immediate revocation 2 Ki oi the license of such person or persons by the commissioner of health. 682. Sec. 13. Times of inspection. — It shall be the duty of the commissioner of health to cause the dairy and dairy herd of all licensees hereunder, and the dairies and dairy herds of the person or persons from whom such licensees obtain their milk, to be inspected from time to time, and if the conditions which are required as a prerequisite to obtain- ing a license under the provisions of this ordinance are not constantly maintained, then it shall be the duty of the com- missioner of health to report the same to the common council and make such recommendations in regard thereto as he may deem proper. 683. Sec. 14. Experts and chemists. — The board of health may appoint, at such compensation as may be fixed upon and determined by the common council, such additional in- spectors, experts and chemists as may be necessary for the purpose of carrying out the provisions of this ordinance, and the salaries of such additional inspectors and other expenses incidental to the enforcement of this ordinance shall be pay- able out of the general fund, and it is hereby made the duty of the board of health to enforce the provisions hereof. (As amended by Ord. 2097, approved March 16, 1900, § 1.) 684. Sec. 15. Penalty. — Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not less than ten (10) dollars nor more than thirty (30) dollars, or by imprisonment for not less than ten (10) nor more than ninety (90) days, and by the revocation of any license. (As amended by Ord. 2097, approved March 16, 1900, § 1.) Sec. 16. This ordinance shall take effect and be in force from and after its publication. MISDEMEANORS. 685. Lurking in building or yard with intent to do mis- chief, etc. — Any person or persons who shall be found lurk- ing, lying in wait or concealed in any house or other build- ing, or in any yard or premises within the limits of the City 247 of St. Paul, with intent to do any mischief, or to steal, or to commit any offense prohibited by the laws of this state, or by the ordinances of this city, shall be guilty of a misdemeanor. (Ord. Xo. 1475, approved Feb. 17, 1891, § 1.) 686. Noise, riot, disturbance — Collecting in crowds. — Any person or persons who shall make, aid or countenance, or assist in making any noise, riot, disturbance or improper diversion, to the annoyance or disturbance of the citizens, or other person or persons in said city; or who collect in bodies or crowds in any street or public place in said city, so as to obstruct public travel thereon, shall be guilty of a misdemeanor. (Id. § 2.) 687. Nudity — Indecent dress — Indecent exposure — Im- moral conduct — Indecent books, pictures, plays. — Any per- son or persons who shall appear in any street or public place in said city in a state of nudity, or in a dress not belonging to his or her sex. or in any indecent or lewd dress, or shall make any indecent exposure of his or her person, or be guilty of any obscene or filthy act, or of any lewd, indecent, im- moral or insulting conduct, language or behavior, or shall exhibit, sell or offer to sell, any indecent or lewd book, pic- ture or other thing, or shall' exhibit Of perform any indecent. immoral or lewd play or other representation, shall be guilty of a misdemeanor. (Id. §3.) 688. Bathing without bathing dress. — Any person or per- sons who shall swim or bathe in. any river, creek or lake within the limits of the said City of St. Paul, between the hours of 6 o'clock a. m. and 9 i '"clock ]>. 111. without being suitably (dad in a bathing dress, shall be guilty of a mis demean >r. Hd. § l.i 689. Letting male to female animal. — Any person or per sons who shall let any male animal to any female animal within the limits of said city, unless in some enclosed place out of public view, shall be guilty of a misdemeanor. 690. Penalty. — Any person or persons violating any or all of the. provisions of any section of this ordinance shall, on conviction thereof, be punished by a fine not exceeding one hundred dollars ($100), or by imprisonment for not more than ninety i 90 ) days. (Id. §6.) 691. Ordinance repealed. — Ordinance No. 40 of said City of St. Paid, entitled "-Misdemeanors," being Article XLIII. of the Municipal Code of St. Paul 1SS4 is hereby repealed. (Id. § 7.) 692. Trespassing on private premises. — No person shall trespass on the private premises of others in said City of St. Paul. (Ord. No. 1843, approved Oct. 3, 1895, § 1.) 693. Loitering after midnight — Lying in wait — Consort- ing with thieves and prostitutes. — No person shall loiter about the streets after midnight and lie in wait or conceal- ment in said City of St. Paul, or consort with thieves, prosti- tutes or other questionable characters. (Id. §2.) 694. Drinking intoxicants on streets or while trespassing on private premises. — No person shall upon the public streets, lanes or alleys of said city, or being a trespasser upon the private premises of another, drink beer or other intoxicating beverages. (Id. § 3.) 695. Trespassers sleeping or lying concealed in box cars, barns, etc. — No person being a trespasser shall sleep or lie concealed in any box car, barn or any other private premises in said City of St. Paul. (Id. §4.) 696. Penalty. — Any person violating any of the provisions of this ordinance shall be subjected to a fine of not less than five dollars ($5) nor more than one hundred dollars ($100), or by imprisonment in the workhouse for not less than ten (10) nor more than ninety (90) davs. (Id. §5.) 249 PARKS. Ordinance No. 1877. (Approved May 27, 1S9G.) 697. An ordinance for the regulation and government of public parks and parkways of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. No person shall fire or discharge any gun or pistol or other firearm or any rocket, torpedo or other fire- work of any description or send up any balloon, or throw any stones or missiles within the several parks or parkways, nor carry any firearm in any park. 698. Sec. 2. Climbing of trees. — Xo person shall climb any tree, or pluck any flower or fruit, whether wild or culti- vated, or break, cut down, trample upon or remove, or in any manner injure or deface any statue, ornament, tree, plant, shrub, flower, flowerbed, turf or any of the buildings, fences, bridges or other construction within the several parks an,d parkways; nor shall any person write on any building, struc- ture, statue, fence, bench, rock or stone within such parks or parkways. 699. Sec. 3. Animals in parks. — No horse or other animal used for riding or driving or vehicle of any description will be allowed upon any part of the parks except upon the rides, drives, concourses or other places appropriated for horses and carriages, nor will any vehicle drawn by any animal, or any bicycle be allowed upon any footwalk, ride or bridle path, nor will any vehicle or animal used for driving or riding be allowed to stand or go upon any drive or carriage road, ex- ce|)t at such places as the Board of Park Commissioners shall designate for that purpose, to the obstruction of the way, or inconvenience of persons riding or driving in the pari parkways; and no person shall solicit or invite passengers for hire in said parks. 700. Sec. 4. Rate of speed. — No person shall ride or drive any horse or team or any animal used for riding or driving within the park <>r parkways faster than at the rate of eight 250 miles an hour; and no person shall ride a bicycle or any other road machine or vehicle within the park or parkways faster than at the rate of ten miles an hour. Provided, however, that the Board of Park Commission- ers of the City of St. Paul may, in its discretion, forbid any automobile, locomobile, motorcycle or other so-called horse- less carriage, from entering", running or traveling in or upon any of the park roads or park pathways or any public park- way of the City of St. Paul, whenever deemed necessary by the said Board for the safety of the public, and said Board may, at its discretion, make such rules and regulations gov- erning the speed of said hereinbefore described vehicles. while running or traveling upon any of the park roads, park pathways or public parkways of said city, and may impose such other condition or rules governing the use of such here- inbefore described vehicles, while running or traveling upon any of such park roads, park pathways, or public parkways, as may be deemed by said Board necessary to the protection and safety of the public. (As amended by Ord. No. 2302, approved Aug. 27, 1902, § 1, as amended by Ord. No. 2378, approved May 23, 1903, §1.) 701. Sec. 5. Building materials. — No cart, wagon, dray, truck or other vehicle carrying stone,, brick, manure, soil, goods, merchandise or any articles, shall be allowed to enter or drive in the parks, or upon any drive therein, and no cart, wagon, dray, truck' or vehicle usually used for any of the pur- poses aforesaid shall be allowed to enter or drive upon the parks or any road or drive within the same. This section shall not apply to vehicles loaded or un- loaded, employed by the Park Commissioners in the main- tenance or improvement work of the parks or parkways. 702. Sec. 6. Advertisements. — No person shall post or affix any printed or written bill or -placard, notice or other paper or any sign upon any tree, structure or thing within the parks or parkways or upon any gate, fence or inclosure within the limits thereof. 251 703. Sec. 7. Parades and drills. — Xo military target, fire hook and ladder or hose company or civic or other proces- sion shall parade, march, drive or perform any military or other evolution or movement within the parks without the permission in writing of the said Board of Park Commis- sioners. Xo person or persons shall have or give any theatrical entertainment in any park or parkway, nor shall any parade, procession, public gathering or public meeting of any kind take place in any public park or parkway ; nor shall any per- sons march in columns on any parkway; but this shall not exclude social or other picnics in such portions of the various parks as may be designated by the Superintendent of Parks for that purpose. \< > exception shall be made to the foregoing provisions, except that they may be temporarily suspended on special or extraordinary -occasions by formal resolution of the Board of Park Commissioners, duly passed and entered of record mi their minutes. (As amended by Ord. Xo. 2532, approved July 25, 1905, § 1.) 704. Sec. 8. No funerals allowed. — Xo funeral procession nor any hearse nor any vehicle carrying the body of a de- • '1 person for burial shall be allowed in or upon any pari of the parks. 705. Sec. 9. "Keep off the grass." — No person, excepting the Park Commissioners and those in their employ shall go upon the grass, lawn or turf of the parks or parkways excepl when and where a sign or placard bearing the word "com- mon" shall be posted or sel up, indicating thai persons are at liberty at that time and place to go upon the grass. 706. Sec. 10. Who may use roadways. — 'The park in ill its parts is constructed for the benefil and use of the public; but the drives and roads in the parks shall be used only by persons in carriages, and other vehicles used wholh or partly for purposes of pleasure, and by persons on horseback; the rides or bridle paths shall be used only by persons on h back; and the walks are designed for the exclusive U pedestrians. Every person so u ch drives ( .r ride oi 852 bridle paths shall, as to the rale of speed of driving or riding thereon, and as to the moving or driving" on or slopping any vehicle, horse or team in such drives or rides, be subject to, and shall obey the orders and directions of, any Park Com- missioners, or keeper, or officer connected with the park, or any member of the police force on duty, whenever in the judgment of such commissioner, officer or member, the safety or convenience of those using such drives or rides shall re- quire a less rate of speed than that at which such person shall be driving or riding, or that he drive or ride on or stop. 707. Sec. 11. Music and privileges. — No person shall play any music or keep or offer anything for sale or post or display any sign or placard, flag, banner, target, transpar- ency, advertisement or device of business within any parks or parkways, building or place under the jurisdiction of said Board, unless by the permission of such Board, or by some person by them thereunto duly authorized, and subject to such rules and regulations as the said Board shall prescribe, and no person shall in any such park or parkway or in any refectory, restaurant, building or place within the same, so- licit fares or beg or publicly solicit subscriptions, or tell for- tunes, or play any game of cards or other game of chance, or any game with table or instruments of gaming, or utter loud, threatening or abusive or indecent language or any lan- guage tending to cause a breach of the peace, or be guilty of any indecent, obscene or disorderly conduct, or willfully violate any rules or regulations made by such Board for the conducting and regulating of any refectory or restaurant within such park or parkways. And no person shall make any oration or harangue in such park or parkway without the permission in writing of the said Board. 708. Sec. 12. Animals at large. — No quadrupeds or other animals, except those placed in the park by the authority of the said Board, and excepting dogs accompanying their own- ers or* other persons having charge thereof and controlled by a line, chain or strap, and excepting horses and other ani- mals used for riding or driving shall be conducted into or driven in the park or parkways, or to be allowed to remain 253 therein. Dogs found running at large within any park may be shot bv any policeman, or other officer on duty connected with the park. 709. Sec. 13. Pounds. — Pounds may .be established at such places as shall be designated by the Board for the im- pounding of horses, cattle, sheep, goats, swine and geese found running at large or being in the parks or parkways contrary to the provisions of these ordinances. 710. Sec. 14. Same — How disposed of. — All animals named in the next preceding section found running at large as therein mentioned, may be taken by any person or per- sons and driven or carried to one of said pounds, and may be kept or enclosed therein during five (5) days, at the expira- tion of which time, if not previously claimed and the amounts hereinafter mentioned paid to the Treasurer of said Board, they may be sold at public auction, provided that two days' previous notice of the sale thereof be conspicuously posted at the pound. 711. Sec. 15. Same — To redeem. — The owner of any ani- mal impounded as herein authorized, or any person on his behalf, may redeem the same before the day of sale by pay- ment to the said Treasurer or other authorized officer of the Board, as follows: For each animal two dollars and the ex- pense of keeping. For each goat four dollars and the ex- pense of keeping. The expense of keeping shall be reckoned Hows: For each horse, or head of neat stock, fifty rents per day; for each swine or sheep, twenty cents per day. 712. Sec. 16. Same — Payment of balance. — If within one month after the sale of any impounded animal, the former owner thereof shall appear and claim the same, the said treas- urer ^liall, after deducting the full amounl of the charges as above provided for, pay over to him the balance of the | r ale. 713. Sec. 17. "No admittance" signs. — No person shall ciiirr any building, inclosure or place within the park parkways upon which the words "No admittance" shall be displayed or posted by sign, placard or otherwise, withoul the con sen 1 oi the Park Commissioners, or the Superintendent. &5 I 714. Sec. 18. Games and sports. — Athletic games, sports, picnics and other forms of recreation or amusement sanc- tioned by this Board may be held or practiced in such parts of the parks as shall be designated for such use, subject to such regulations as may be made by the Board, and subject to the orders of any policeman or other officer connected with the park on duty enforcing the rules of said Board. Permits for the exclusive use of any picnic or play ground for any specified date or time, may be granted at the discre- tion of the Superintendent of the Board, and no person shall in any manner disturb or interfere with any club or party oc- cupying the ground under such permit without his consent. 715. Sec. 19. Boats and floats. — No person except the Park Commissioners and those in their employ about the park, shall, without the permission of the Board place upon the lake, or any of the waters of the parks, any float, boat or other water craft, or shall land or go upon either of the islands of the lake, or shall touch at with a boat, or land up- on any place on the shores of the lake, not designated as a landing place, or shall walk upon, or in any manner use or occupy the slopes between the water line of the lake and the foot paths. 716. Sec. 20. Bathing. — No person shall bathe in the waters of any park except in places designated by the Board, or take or attempt to take fish in said waters, except by per- mission of the Board, or send or throw any animal or thing in or upon any of the waters of the parks, or kill, injure or un- necessarily disturb the fish in said waters, or any water fowl or singing or other bird within said parks, or any deer or other animal within and appertaining to the said parks. 717. Sec. 21. Sewers and other pipes. — The location of all sewers and receivers, and of all gas pipes and water pipes, lamp posts, hydrants and telegraph poles hereafter ordered or authorized by the Common Council to be laid or placed on any parkway or place, subject to the jurisdiction and con- trol of the Park Commissioners, shall be subject to the ap- proval of the Board of Park Commissioners, and no person shall open a trench for any purpose, or dig into or take up 85 S any part of any parkway, without a permit from the Super- intendent of the Park Commissioners. The person to whom such permit shall be granted shall complete the work within a certain time to be specified in said permit, and shall do said work, and shall refill and replace in a substantial and work- manlike manner all material disturbed by him, and leave the parkway or place in as good condition as before such work was begun. The execution of all work within the limits of the park approaches shall be subject to the direction and ap- proval of the Park Superintendent. 718. Sec. 22. Permits for trenches. — Every person who shall receive a permit to open any trench in any of the park- ways shall at all times after such trench shall have been com- menced, and until after the same shall be completed, and until all accumulations of material resulting from such work shall have been removed, so guard and protect the same that persons driving or passing along the roadway, or sidewalk shall not be liable to meet with any accident ; and shall also during the whole of every night that such trench shall re- main open cause the same to be kept securely fenced and guarded by a light to be placed on such fence in a conspicu- ous position, and secured so. that the same shall not be ex- tinguished. 719. Sec. 23. Earth — Clay and rubbish. — No person shall deposit on any parkway any earth, clay, rubbish or slops or any •-and, stone, lumber or building material or any sub- stance of any kind except ashes and garbage in suitable boxes or barrels on each Monday forenoon, without a permit from tin- Superintendent of the Park Commissioners; and all Such permits if given for building purposes shall be granted only to the owners or occupants of the property to he built on, or in their name to their authorized agents, and no per- manent damage shall he done to any improvement on said parkway, and all temporary damage or obstruction of any kind -hall he made good or removed before tin- expiration of the time for which such permit was given. 720. Sec. 24. Signs, awnings, platforms. — No sign, awn- ing, frame, step, raised platform, door, porch, bay window, 856 cornice or roof vault, cellar wall or cellarway, or line fence nor any part of any structure hereafter erected on property abutting on a parkway, shall be allowed to project over or under the line of said parkway. 721. Sec. 25. Goods on exhibition or storage. — No goods, wares or merchandise shall be placed for exhibition or stor- age on any part of a parkway, and no person shall leave any goods or supplies which he may be about receiving or deliv- ering on said parkway for a period of time exceeding one day. 722. Sec. 26. Roadways, control of. — The location of all paths and roadways across any sidewalk shall be subject to the approval of the Park Commissioners, and no person shall draw, drive or cause to go upon any sidew r alk or border any vehicle of any kind except when it shall be necessary for such vehicle to cross for the purpose of going into some yard or lot or into some place where said vehicle is to be kept when not in use, and no vehicle, when not in use, shall be al- lowed to stand or remain on any part of any parkway. 723. Sec. 27. Horses, hitching of. — No person shall hitch or fasten any horse or other animal to any tree in a parkway, or to any case, box or stake securing such tree, nor leave a horse untied or tied within reach of any tree, or lead, ride or drive any horse or other animal along any sidewalk or grass border, and no person shall turn out or permit any horse or other animal to run at large on any parkway. 724. Sec. 28. Same — Posts for. — Posts for the purpose of hitching or fastening horses may be placed immediately with- in the side curb line in front of any building or property ; but no post shall be set within five feet of any tree, and such posts, when of wood, shall be round and not exceeding four feet in height and six inches in diameter. 725. Sec. 29. Shade trees. — No shade tree shall be plant- ed or cut down, nor any branch not projecting over abutting property be cut off without the knowledge and consent of the Park Superintendent. 726. Sec. 30. Playing ball, etc. — Xo person shall play any ball, fly kites, pitch quoits, or engage in any game or play on any parkways. 727. Sec. 31. Buildings, etc. — No person shall cause to be moved or assist in moving, any building into or upon any parkway without first having obtained permission from the Superintendent of Park Commissioners. 728. Sec. 32. Sidewalks, to be kept clean. — The owner or occupant of any building, lot or premises abutting on a park- way shall cause the sidewalk in front of or adjacent to such building, lot or premises to be kept clean, and all snow, ice or dirt to be removed therefrom in the forenoon of every day. 729. Sec. 33. Special permits. — All permits granted by the Superintendent of the Park Commissioners shall be sub- ject to the Park Ordinances, and the persons to whom such permits may be granted shall be bound by said ordinances as fully as though the same were inserted in such permit : and any person or persons to whom such permits shall he granted shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such permits shall be granted, their ser- vants or agents or any person or persons doing work or fur- nishing materials by contract, subcontract or otherwise, as well as for any breach of such ordinances, to the person or >ns so suffering loss, damage or injury, and to the Board of Park Commissioners in case said Board shall become li- lo the person or persons who may be so injured or dam- d. or who may suffer such loss. 730. Sec. 34. "Park" construed.— The term "park" men ed in these ordinances whenever it occurs shall he con strued to mean, and include all the public grounds and squares maintained as pleasure grounds in the City of Si. Paul. The term "parkway," mentioned herein, whenever il hall he construed to mean and include ad the thor- oughfares and park approaches subject to the jurisdiction and control of tiic Board of Park Commissionei 258 731. Sec. 35. Penalty. — All persons offending against the foregoing ordinances shall be deemed guilty of a misde- meanor, and shall, upon conviction before the judges of the Municipal Court of the City of St. Paul, or before any court of competent jurisdiction be punished by a fine not exceed- ing one hundred dollars or by imprisonment not exceeding ninety days. Sec. 36. This ordinance shall take effect and be in force from and after its passage and publication. Ordinance No. 1868. (Approved March 21, 1896.) 732. An ordinance setting apart Como avenue from Dale street to Union street as a parkway and boulevard. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That all that portion of Como avenue between Dale street and Union street be, and the same is hereby set apart as and declared to be a public parkway and boulevard of the City of St. Paul, and the Board of Park Commissioners of the City of St. Paul is hereby granted full and complete juris- diction over said avenue between said points to improve, reg- ulate and control the same as a parkway and boulevard, as authorized and contemplated by an act creating such Board of Park Commissioners ; such rights to be exercised only in subordination to the rights of the public and of the adjacent property owners in and to said Como avenue. Sec. 2. This ordinance shall take effect and be in force from and after its passage. Ordinance No. 1887. (Approved Aug. 10, 1896.) 733. An ordinance prohibiting the erection of structures for advertising purposes within 150 feet of the boundary of Como Park. The Common Council of the City of St. Paul do ordain as follows: Sec. 1. Xo person shall erect or construct or cause to be erected or constructed any board or structure of an}- kind 259 for the display of any advertisement or advertising device within 150 feet of the boundary of Como Park, nor shall any person exhibit or cause to be exhibited any advertisement or advertising device within 150 feet of the boundary of Como Park. 734. Sec. 2. Penalty. — Any person violating any oi the provisions of this ordinance shall be punished by a fine of not less than five nor more than fifty dollars, or by imprison- ment in the St. Paul AYorkhouse for not less than ten nor more than sixty days. Sec. 3. This ordinance shall take effect and be in force from and after its passage. PAVEMENTS— ASPHALT. 735. Unlawful to drop oil, etc. — It is hereby declared un- lawful, and all persons are forbidden to scatter, pour or drop upon any asphalt pavement within the City of St. Paul any oil, gasoline, kerosene or other oily substance or product of coal oil or tar, pitch or turpentine; and all persons are for- bidden from driving or conducting over any of said pave- ment any vehicle or receptacle containing any of said sub- stances without having the same carefully and completely secured against any waste of any of said substances or the spilling of any of the same from any part of said vehicle or receptacle. (< )rd. No, L791, approved Dec. L3, 1894, § L.) 736. Penalty. — Any person violating any of the provisions of this ordinance shall be punished by a fine in a sum not less than five dollars ($5), nor more than one hundred dollars ($100), or by imprisonment for a period not less than five i 5 i nor more than eighty-five ( 85 i days. I fd. §2.) 737. Hackmen, etc., not to permit horse or team to stand on, how long — Penalty. — No hackman, expressman or bag- man, or any person engaged in any of said lines of busi- shall cause or permil the horse or team owned by him, or in Ids custody and engaged in said business to stand upon an) asphall pavernenl in the City of St. Paul while awaiting custom, or while attached to any hack, dray, baggage or ex- press wagon, for any consecutive period of time exceeding one-half hour, except only when such person may be actually engaged in loading or unloading such vehicle above named. 738. Penalty. — Any person violating any of the provisions of this ordinance shall be fined in a sum not less than five (5) nor more than twenty-five (25) dollars, or be imprisoned in the city workhouse for a period of not less than five (5) nor more than thirty (30) days. (Ord. No. 1882, approved June 18, 1895, §§ 1, 2.) 739. No person shall permit horse, team or loaded wagon to stand on, how long — Penalty.— No person shall cause or permit any horse, team or loaded wagon, owned by him or in his custody, to stand upon any asphalt pavement in the City of St. Paul for any consecutive period of time exceeding one- half hour, except only when such person may £>e actually engaged in loading or unloading such vehicle. 740. Penalty. — Any person violating any of the provisions of this ordinance shall be fined in a sum of not less than five (5) nor more than twenty-five (25) dollars, or be imprisoned in the city workhouse for a period of not less than five (5) nor more than thirty (30) days. (Ord. No. 1839. approved Sept. 19. 1895, §§ 1, 2.) PAVING, ETC. Ordinance No. 2474. (Approved November 1, 1901.) 741. An Ordinance relating to paving of streets, alleys and public grounds in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That hereafter all preliminary and final orders passed by the Common Council for the paving of any of the 'streets, alleys or public grounds of the City of St. Paul, shall provide for such paving with some kind of patented paving" material. 36] 742. Sec. 2. Kinds of bids.— That when the Board of Public ^Yorks advertises for bids for doing such work with the material specified in the final order, said Board shall also in such notice invite and shall receive bids for doing such paving with asphaltum, sandstone, granite and brick, and when all the proposals therefor arc in, said Board shall select the one which is relatively the lowest or most satisfactory, all things considered, as provided by Section 81 of Title 3, Chap- ter 6 of the Charter of said city. Sec. 3. This ordinance shall take effect and be in force from and after its passage, approval and publication. PAWN SHOPS AND SECOND-HAND DEALERS. Ordinance No. 2041. (Approved April 22, 1899.) 743. An ordinance to license and regulate pawnbrokers and second-hand dealers. The Common Council of the City of St: Paul do ordain as follows : Sec. 1. Xo person shall exercise, carry on or be engaged in the trade or business of a pawnbroker or second-hand dealer within the corporate limits of the City of St. Paul without first having obtained a license so to do, in accordance with the terms and provisions of ordinance No. L587, of the General Ordinances of the City of St. Paul, approved March S, 1-'.'-.'. I Vs amended by < >rd. No. 2049, approved Ma_\ 20, 1899.) 744. Sec. 2. Amount of license fee. — The amount to be paid for license by section one hereof required, shall be grad uated as follows: Those persons the amounl of whose year ly business is less than sin, (inn -.hall pay for a license the sum of Sinn per annum; those the amounl of whose yearly business is at leasl $10,000 and less than $20, shall pay for a license the sum of $200 per annum, those the amounl of whose yearly business is $20,000 and upwards shall pa) for a license the sum of $300 per annum; and each person upon making his application for a licen e hall furnish sal 262 isfactory assurance of the amount of business done by him during the year next preceding. 745. Sec. 3. Bond to be filed. — lief ore any person shall be licensed as aforesaid he shall file with the city comptroller a bond, with at least two sureties, to be approved by said comptroller, in the sum of $2,000, conditioned that he will ob- serve the ordinances of said city in relation to the business to do which he has applied for a license, and conduct his said business in conformity therewith, and that he will ac- count for and deliver to any person legally entitled thereto, any goods, wares or merchandise, article or thing which may have come into his hands through his business as such pawn- broker or second-hand dealer, or in lieu thereof he will pay in money to such person or persons the reasonable value thereof. 746. Sec. 4. To file pledge. — Before any person shall be licensed as aforesaid he shall file with the corporation attor- ney an instrument in writing, to be approved by the corpora- tion attorney, wherein and whereby he shall agree, in effect, that the officers of the police force of the City of St. Paul, and the license inspector of said city, shall at all times dur- ing the term of the license for which he has applied, en- joy the right and privilege of free and unobstructed ingress and egress to and from the premises in or upon which he is to conduct and carry on his said business for the purpose of locating and discovering goods, wares and merchandise sus- pected or alleged to have been stolen or otherwise improperly disposed of. 747. Sec. 5. Who can be licensed. — Xo person shall be li- censed under the terms hereof who may have at any time prior to the issuance of his license been duly convicted in any court of competent jurisdiction of having received stolen goods, or of an infraction of the terms and provisions of this ordinance, or of any of the ordinances of the City of St. Paul relating to the licensing and regulation of the business of pawnbrokers and second-hand dealers. 748. Sec. 6. Hours of opening and closing — Minors. — Xo person licensed under the terms hereof shall keep his of- 263 hce or store open for the transaction of business on any day in the week before seven o'clock in the morning and after ten o'clock in the evening", nor shall any person licensed un- der the terms hereof buy second-hand goods, or any personal property whatsoever, or receive goods or any personal prop- erty whatsoever on deposit or pledge from any minor. 749. Sec. 7. To keep books. — Every person licensed un- der the terms hereof shall keep a book in which shall be leg- ibly written in ink, at the time of each loan or purchase, an accurate account or description in the English language of the goods, articles or other things deposited, left, sold or purchased or pledged or pawned, the amount of money loaned upon or pledged therefor, the time of the receipt of the same, the name, residence, and a reasonably accurate de- scription of the person pawning, pledging, selling, leaving or depositing the same, and if the article be a watch or other goods of gold or silver manufacture, the number or num- bers written, stamped, impressed or engraved thereon, to- gether with the name of the manufacturer of the same, if such name is placed in any position or in any way upon such goods or article, and such entry as above described shall be regularly numbered, and the book in this section referred to shall be known as Xo. 1, and shall- be at all reasonable times open to the inspection of the mayor, the license inspector or any member of the police force of the city of St. Paul. 750. Sec. 8. "Book No. 1." — Every person licensed under the term> hereof, shall deliver to the person pawning, pledg- ing, selling, leaving or depositing any goods, article^ or things, a certificate numbered to correspond with tin- entry in Book Xo. l, which said certificate shall contain the sub- stance of such entry. 751. Sec. 9. "Book No. 2." — Each person licensed under the terms hereof shall keep a book, to be called Book X". '.'. wherein shall be entered an accurate ami correel accounl of all sales 'if goods, articles or things sold or disposed of l>\ him. which may have originally been deposited, lefl with oi sold t<> or purchased by or pledged or pawned to him. whi re in -hall be marked upon properlj numbered entry, together 264 with a proper reference to the original transaction as en- ured in Book No. 1, and the corresponding number of the entry in Book No. 1 an account of such sale, with the date thereof, and the amount for which such article was origin- all}' purchased, or which was originally loaned thereon, and interest and charges, and the amount for which the same was sold, and the book in this section referred to shall also be at all reasonable times open to the inspection of the mayor, the license inspector or any of the police force of the city of St. Paul. 752. Sec. 10. Reports to chief of police. — Each person licensed under the terms hereof shall make out and deliver to the chief of police even- day, before the hour of twelve noon, a legible, correct and complete copy from each of the books hereinbefore required, and a true and correct account of all personal property or other valuables received or deposited or purchased or pledged or pawned as indicated in Book No. 1, or sold or otherwise disposed of, as indicated in Book Xo. 2, during the preceding day, and said, report and description shall be signed by the person giving it to the chief of police, and shall be delivered in person by the person making said report to said chief of police, or to an officer duly detailed by said chief of police for such purpose when the same is re- quired by said chief of police. Provided, however, that no person shall be required to furnish such description of any property purchased from manufacturers and wdiolesale deal- ers having an established place of business, or of any goods purchased at an open sale from any bankrupt stock, or from any other person doing business and having an established place of business, but any goods in this proviso referred to must be accompanied by a bill of sale or other evidence of open or legitimate purchase, and must be shown to the mayor, or any member of the police force, when demanded. 753. Sec. 11. Limit of pledge before sale. — Any person pledging, pawning or depositing an article for security shall have ninety (90) days from the date when the loan or pledge becomes due and payable to redeem the same before the same becomes forfeitable. 265 754. Sec. 12. Sales after reporting to police. — Xo per- sonal property on deposit with any person licensed under the terms hereof, nor property purchased by or sold to or in any other way coming into the possession and under the control of any person licensed hereunder in the due course of his business shall be sold without permit to be redeemed from the place of business of such persons for the space of seventy- two (72) hours after the copy and statement required to be delivered to the chief of police shall have been delivered as hereinbefore required. 755. Sec. 13. Orders of chief of police. — Whenever the chief of police, the mayor or the license inspector of the City of St. Paul shall notify any of the persons licensed here- under not to sell or permit to be redeemed any goods or article received on deposit or purchase by such licensee, such goods or article shall not be permitted to be redeemed, nor shall the same be sold until such time as may be determined by the chief of police ; provided, that such time shall in no case exceed the period of six months from the date of such notification. 756. Sec. 14. Signs. — No person or persons shall here- after exhibit or maintain any sign usually known as a pawn- broker's sign, or in any manner advertise to loan money on deposit or pledge of personal property or other valuable thing, without first having obtained a license as provided in section one hereof, and a non-compliance with the terms of this section will be prima facie evidence of the fact that a pawnbroker's business is being prosecuted and carried on. 757. Sec. 15. Advertised articles. — Tf any goods, articles or things shall be advertised in any public newspaper of the city oi St. Paul as having been losl or stolen, and such goods, articles or things shall then be, or shall thereafter come into the i •!! of an) person licensed under the terms hereof, he -hall, upon actual notice hereof, immediately thereafter, as a supplemenl to his daily report for ihai day to the chief of police. give information in writing that certain goods, articles or things advertised are in his possession, and shall not thereafter dispose of the same excepl upon written au- 266 thority so to Ao from the chief of police of the city of St. Paul. All watches, jewelry, opera glasses and bicycles coming into the possession of any person licensed under the terms hereof shall at all times he open to the inspection and right of examination of any person claiming to have been the owner thereof, or claiming to have had any interest therein; nor shall any persons licensed under the terms hereof hide, conceal or stow away any article coming into his posses- sion of any member of the police department of the city of St. Paul. 758. Sec. 16. Penalty. — Any person violating any of the provisions of this ordinance shall, upon conviction thereof in the municipal court of the city of St. Paul, be punished by a fine of not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars, or by imprisonment for not less than twenty (20) nor more than ninety (90) days, and the mayor upon such conviction, is hereby authorized arid directed to revoke any license which may have been granted under the terms hereof. 759. Sec. 17. Inconsistent ordinances 'repealed. — All or- dinances and parts of ordinances inconsistent with the terms hereof are hereby repealed. Sec. 18. This ordinance shall take effect and be in force from and after its publication. PEDDLERS AND PEDDLERS' LICENSES. (See, also, "Licenses.") Ordinance No. 2151. (Approved November 8, 1900.) 760. An ordinance specifying certain kinds of business conducted in the City of St. Paul to be peddling, and fixing a license therefor and a penalty for the violation thereof. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Every person who shall sell, or offer for sale, any goods, wares, fruits, nuts, candies, groceries, provisions, 261 vegetables, or other articles of value, or barter or exchange the same at any point or place within the city of St. Paul other than upon land owned or leased by said person, or at a store kept by said person, or at a stand at one of the public markets, shall be deemed, called or known as a peddler, and it shall not be lawful for any such person to sell or offer for sale any goods, wares, fruits, nuts, candies, groceries, pro- visions, vegetables, or other articles of value, or to barter or exchange the same upon or along the streets, avenues, alleys or other public places within this city without first having obtained a license for that purpose, as hereinafter provided. 761. Sec. 2. License fees. — Any person may. upon pay- ment to the City Treasurer of the sum of five dollars ($5), and presentation to the City Clerk of a receipt therefor, re- ceive a foot peddler's license, permitting such person to sell upon the streets articles specified in section 1. being carried by said person from place to place and handled by him in his business of peddling without the assistance of a vehicle. Any person may, upon payment to the City Treasurer of the sum of twenty dollar-- ($20), and presentation to the City Clerk of a receipt theref >r, receive a license per- mitting said person to peddle and carry from place to place in and about the city articles specified in section 1 hereof in a vehicle drawn or pushed by said peddler. And any person may, upon payment of the sum of fifty dollars ($50) to the City Treasurer and presentation to the City Clerk of a receipt therefor, receive a license to peddle. carry or sell from a wagon drawn by animal power, in ami about said city, any of the articles specified in see! ion 1 hereof. Provided, however, thai no person shall be permitted t<> use more than one wagon under each license, and when ac companied by more than one person .-in additional sun twenty dollars ($20) shall be paid for each additional person sc i accompanying said wagon. In addition to the above amount, said persons shad each pay si to the Cit) Clerk for issuing such license. Such license and fee hereinabove specified shad he for 268 the term of one I 1 I year from the dale of the issue of said license and shall not be transferable without the consent of the Common Council. 762. Sec. 3. Badge. — Any person who shall exercise the vocation of a peddler thereunder shall display by badge or card on his or her basket, cart, wagon or other vehicle, in a conspicuous place, the number of his or her license; and in case a peddler uses a wagon or other vehicle drawn by animal 'power, there shall be painted in a conspicuous place thereon, in a color plain to distinguish, his or her name, in letters not less than one (1) inch in length, sucb badge or card to be furnished to each such licensed person by the City Clerk. 763. Sec. 4. Not applicable to milk and cream sellers. — The provisions of this ordinance shall not apply to persons who sell only milk and cream, and who have complied with the law in relation to the selling of milk in said city. 764. Sec. 5. Meat sales forbidden. — No person, firm or other association of persons, or a corporation, shall sell meats by peddling the same upon and along the streets, avenues, alleys or other public places in said city, or from house to house in said city, or otherwise, or in any manner dispose of their meats save and except at the place designated in their license. 765. Sec. 6. Penalty. — Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof, be fined in a sum of not less than ten dollars ($10) nor more than one hundred dollars ($100), or by imprison- ment for not less than five (5) nor more than eighty (80) days. 766. Sec. 7. Old ordinances repealed. — All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. Sec. 8. This ordinance shall take effect and be in force from and after the passage, approval and publication thereof. 260 Ordinance No. 2442. (Approved April 12, 1904:.) 767. An Ordinance relating to peddlers' licenses. The Common Council of the City of St. Paul do ordain as follows : ■ Sec. 1. That hereafter all applicants for a license to peddle within the City of St. Paul shall file with the City Clerk a written application for such license, in which he shall correctly state the nature of the business for which a license is desired, and his full name, age and place or places of resi- dence for the past five years, and his previous occupation during the same period, and if he has ever been arrested or convicted for a violation of any license law or regulation, and if so, when and where. 768. Sec. 2. Application— Contents of.— The City Clerk shall not hereafter issue any peddler's license unless the said application therefor bears the written indorsement of the Chief of Police, 'after investigation by him, that the applicant is a fit person to receive a license, without first referring such application to the Common Council, and being authorized by resolution so to do. It shall be the duty of the Common Council to investi- gate, consider and pass upon such application so referred to it and the fitness of the applicant bb receive a license. 769. Sec. 3. Old ordinances to stand. — This ordinance shall not repeal existing license ordinances, except in so far hey are inconsistent with the terms hereof, and hereafter it shrill be unlawful For anyone to peddle (as the same is now denied by existing ordinances) within the limits of said city without first procuring a license in the manner herein prescribed. 770. Sec. 4. Penalty. — Any person who shall violate any of the pi of this ordinance shall be punished by a line not more than one hundred dollars or by imprisonmenl for noi exceeding thirty (30) days for each offe] Sec 5. This ordinance shall taki i ffi d and be in force from and after its passage, approval and publication. 870 PETROLEUM, GASOLINE, NAPHTHA, ETC. 771. Unlawful to store or keep for sale crude petroleum, etc., except as provided. — It is hereby declared to be unlawful Eor any person, persons, firm, or corporation to store or keep for sale within the corporate limits of the City of St. Paul any crude petroleum, gasoline, naphtha, benzine, camphine, spirit, gas, or fluid containing- any materials of an explosive character and used for illumination purposes, except in the manner hereinafter provided. (Ord. Xo. 1521, approved July 21. 1891, § 1.) 772. Permit from board of fire commissioners. — Xo person or persons, firm or corporation shall keep for sale, or sell by retail in any building within the City of St. Paul, any of the articles mentioned in the first section of this ordinance with- out first having obtained a permit so to do from the board of fire commissioners of the City of St. Paul. (Id. § 2.) 773. Permit to be posted on premises. — Every person or persons, firm or corporation who, having received a permit to keep, store or sell any of the articles mentioned in section one ( 1 ) of this ordinance, shall post such permit in a con- spicuous place on the premises so used for the storage or sale of such articles. (Id. § 3.) 774. Board of fire commissioners may, after inspection, grant permit, with consent of council. — The board of fire commissioners of the City of St. Paul shall have pow : er, by and with the consent of the common council, upon applica- tion, to grant a permit for the storage and sale of such articles as are mentioned in the first section of Ordinance No. 1521; provided, however, that no such permit shall be granted until such building shall have been inspected by the board of fire commissioners, or any person acting under their authority, and certified by them as fireproof and fit for the storage and sale of such articles as are mentioned in the first section of this ordinance. (Id. 4, as amended by Ord. Xo. 1552, approved Nov. 17, 1891, § 1.) 271 775. Permit for buildings exclusively used for storing dangerous liquids — Duration of permit — Special permit — De- scription of tanks. — Any person or persons, firm or corpora- tion having" within the City of St. Paul a fire-proof building or warehouse, exclusively used for the storage of such articles as are named in the first section of Ordinance No. 1521, and properly ventilated for that purpose, may apply to the board of fire commissioners of said city for a permit to use said building for such purpose ; and if such permit shall be granted by said board of fire commissioners and the com- mon council, they shall state therein the time or the period in which said building shall be used for such purpose, which time shall in no case exceed one (1) year. And during the time such permit shall remain in force the parties using such building or warehouse shall not be subject to the provisions of the first section of Ordinance No. 1521, provided that any person or persons, firm or corporation may be granted a permit by said board of fire commissioners to store not ex- ceeding twenty-five (25) gallons of gasoline in a galvanized iron tank, to be set on a platform, raised at least eighteen (18) inches above the ground and so as to give free circula- tion underneath said tank, and to be made with 17-gauge galvanized iron with double lap-soldered seams. The open- ing for filling said tank to be not more than one and one- fourth CI >4 ) inches in diameter, and to be made of iron piping with iron screw cap, said pipe to be flanged on the inside of said tank and soldered. Provided, further, that any person or persons, firm or corporation may be granted a per- mit by said board of fire commissioners to store not exceed- ing fifty (50) gallons gasoline in an iron tank, to he made of iron not lighter than No. 12 boiler iron, with riveted and corked scams; the opening for filling said tank to be not more than one and one-fourth fl'|) inches in diameter, with iron screw cap and plug. Said tank' shall he removed and detached from all other buildings at least ten (10) feet, Or such further distance as may he deemed advisable by the said hoard o\ fire commissioners, or an) person acting under their authority, who shall have the power to determine finally whether said tanks, buildings and warehouses are 2 ; constructed and located in accordance with the provisions of this ordinance. 776. Board of fire commissioners may enter upon prem- ises and order removal of tank. — The hoard of fire commis- sioners, or any person acting under their authority, shall at all reasonable times be at liberty to enter into and upon any premises used for the storage or sale of any of the articles mentioned in the first section of this ordinance whether a permit has been granted or not for the purpose of inspecting the said premises : and the board of fire commissioners, or any one acting under their authority, shall have power, if they deem necessary, to order the removal of any tank or vessel used for the storage of any of the articles mentioned in the first section of this act to any other part of the prem- ises or off the said premises. (Ord. Xo. 1521, approved July 21, 1891, § 6.) 777. Storing or selling without permit, breach of ordi- nance. — Any person or persons, firm or corporation using any tank or vessel for the purpose of storing any of the articles mentioned in section one (1) of this ordinance, or who shall sell or attempt to sell, or expose for sale, or who shall leave same upon his or their premises for the purpose of sale without having first obtained a permit so to do shall be guiltv of a breach of this ordinance. (Id. § 7.) 778. Petroleum, etc., not to be kept in front of building, bow long. — Xo crude petroleum, gasoline, naphtha, benzine, camphine, carbon oil, spirit gas or burning fluids shall be kept or stored in front of any building on any street, alley, sidewalk, wharf or lot for a longer time than is sufficient to receive it in store or deliver the same, and in no case shall such time exceed twelve (12) hours, and shall be between the hours of six (6) o'clock a. m. and six (6) o'clock p. m. 779. Petroleum, etc., not to stand on railway siding or at depot, how long. — Xo person or persons, firm or corpo- ration shall leave standing on any railway siding, or at any depot within the corporate limits of the City of St. Paul, anv of the articles mentioned in section 1 of this ordinance for a longer period than forty-eight (48) hours after arrival. (Id. § 9.) 780. Penalty — Ordinance repealed. — Any person or per- sons violating any of the provisions of this ordinance shall be punished by a fine not to exceed the sum of one hundred dollars ($100) for each and every such offense, upon con- •\ iction before the municipal court of this city. All ordinances and parts of ordinances of the City of St. Paul which are inconsistent with this ordinance be and the same are hereby repealed. (Id. § 10.) PIGEON-HOLE TABLES. 781. License — Proviso. — Any suitable person, upon appli- cation made to the mayor, city clerk or common council may receive a license to keep a pigeon-hole table, or other like table, within the City- of St. Paul, at any house or saloon in said city, upon payment to the city treasurer of the sum of five dollars ($5), such house or saloon to be designated in said license; provided, that such tabic shall not be used for the purpose of gaming. No license shall be issued by the city clerk until he has presented to him the city treasurer's receipt fi »r the money. . (( ird. approved < >ct. 7, L869, in Article LI.. Municipal Code of 1884, § 1.) 782. Penalty. — It" any person or persons within the corpo- rate limits of said City of St. Paul, without having a license therefor, as provided in the preceding section, shall keep at any saloon or house any pigeon-hole table, or an) table ol like nature, to 1"- used by any person or persons except the family of such keeper, or shall suffer or permit any game or games to be played upon any such table for money, such person or persons shall, on conviction before the judge of the municipal court, be lined nol less than five dollars ($5 i nor more than twenty dollars ($20). (Id. § 2.) ■:: i POLES AND WIRES. (See, also, various companies owning poles.) 783. Poles, masts, columns — Permission of council. — That after the passage and publication of this ordinance it shall be unlawful for any person, company or corporation to place or erect in any of the streets, alleys or public grounds within the City of St. Paul, any pole, mast or column, either of wood, iron, or any other substance, for the purpose of supporting or carrying wires or cables for the transmission of electrical power or electrical currents, or for the operation of tele- graphic or telephonic instruments, or for any other purpose, without having first applied to the common council of the City of St. Paul, and having obtained special permission to erect such poles, columns or masts. (Ord. No. 1764, approved June -1. 1894, § 1.) 784. Application for permission, in writing — Resolution or ordinance to state street, etc. — Any person, company or cor- poration desiring permission to erect or place any of the structures mentioned in section 1 of this ordinance in any of the streets, alleys or public grounds of said City of St. Paul, may apply in writing to the common council for such per- mission, and in such application shall definitely state particu- lar streets, alleys or public grounds in which it is proposed to erect such structures, and each resolution or ordinance here- after passed permitting the erection and maintaining of any such structure or structures shall designate the particular street, alley or public ground in which the same are to be placed or erected. (Id. § 2.) 785. Permits revoked — Conflicting ordinances and resolu- tions modified and amended — Proviso. — All rights and per- mits heretofore passed, and all authority heretofore granted any person, company or corporation to erect or maintain any of the structures mentioned in section 1 of this ordinance, in the streets, alleys or public grounds of the City of St. Paul, are hereby revoked and rescinded, and all ordinances and resolutions heretofore passed with which this ordinance shall conflict are herebv modified and amended so as to conform 2 ; 5 to the provisions hereof; provided, however, that no provi- sion contained in this ordinance shall be construed to require any of the persons, companies or corporations who have here- tofore erected poles or masts in any of the streets, alleys or public grounds in said city under permission from the com- mon council, to remove the same until such time as the com- mon council shall by further order or resolution direct such removal. (Id. § 3.) Ordinance No. 2044. I Approved May 5, 1890.) 786. An ordinance prohibiting the erection of any poles or stringing of wires above the surface of certain portions of Wacouta and Minnesota streets, in the City of St. Paul, and requiring all existing poles and wires to be removed therefrom. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Any person or corporation now maintaining any poles or wires above the surface of the ground on Minnesota street from the north line of Second street to the south line of Summit avenue, and on Wacouta street From its southerly terminus to the smith line of Eighth street, within the City of St. Paul, is hereby required and directed, within thirty (30) days after the passage of this ordinance and service of a copy thereof on such person or corporation, to remove the poles and wires so maintained by such person or corporation from the surface of such portions of Minnesota and Wacouta streets, and place such wires underground. 787. Sec. 2. Underground conduits. — Any person or cor- poration 30 complying with the provisions of section one I I ) •i. ihall have the right to COnstrUCl and maintain on said portions of Minnesota and Wacouta streets underground conduits or subways. The said conduits or subways shall lid at such dista om the curb stone on said streel hall not interfere with the watei sewer and other pipes or main- already in said and all said conduits 276 ami subways shall be constructed tinder the supervision of the City Engineer of St. Paul, and the plan and details of construction of such conduits and subways shall be submitted and approved by said engineer, and filed in his office, before any such conduit or subway shall be constructed. 788. Sec. 3. No more poles. — Xo person or corporation shall after the passage of this ordinance, erect any new poles or string any wires above the surface of the said portions of Minnesota and Wacouta streets. 789. Sec. 4. Clerk to serve copies. — The City Clerk is hereby directed at once to serve a copy of this ordinance on each of the persons or corporations maintaining any poles or wires above the surface of said portions of Minnesota and Wacouta streets. Sec. 5. This ordinance shall be in force and take effect from and after its passage and publication. Ordinance No. 2043. (Approved May 4, 1899.) 790. An ordinance requiring all wires and poles to be removed from Cedar street and to be placed under- ground, and prohibiting the erection of any poles or stringing of wires on the surface of said street. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Any person or corporation now maintaining any poles or wires on Cedar street above the surface of the ground, from the north line of Second street to the south line of Como avenue, is hereby directed, within thirty days after the passage of this ordinance and service of a copy thereof on such person or corporation, to remove the poles and wires so maintained by such person or corporation from the surface of such portion of Cedar street, and place the said wires underground. 791. Sec. 2. Underground conduits. — Any person or cor- poration so complying with the provisions of section one hereof, shall have the right to construct or maintain on said portion of Cedar street underground conduits or subways. The said conduits or subways shall be laid at such distances from the curbstone on said street as shall not interfere with the water, gas and sewer pipes already in said street, and all said conduits and subways shall be constructed under the supervision of the City Engineer of St. Paul, and the plan and detail of construction of such conduits and subways shall be submitted to and approved by said Engineer and filed in his office before any such conduits or subways shall be con- structed. 792. Sec. 3. No new poles. — No person or corporation shall, after the passage of this ordinance, set up any new poles -'ring any wires above the said portion of Cedar street. 793. Sec. 4. Clerk to serve copies. — The City Clerk is hereby directed to at once serve a copy of this ordinance on each of the persons or corporations maintaining any wires or poles above the surface of the street on said portion of Cedar street. Sec. 5. This ordinance shall be in force and take effect after its passage and publication. POLICE DEPARTMENT. (See. also, City Charter provisions.) 794. Chief cf police to keep record of arrests, etc. — To exhibit same to council or committee when requested. — It shall be the duty of the chief of police of the City of St. Paul to a record, in a book to be prepared for thai purpose, of all persons arrested, with their names, their place of residence, if known, the time when arrested, the nature or name <>\ the offense with which they are charged; if committed to the workhouse '>r jail, when and where so committed, when, where, and before whom tried or examined, whether acquit- ted or convicted, the amounl of line or length <>f imprison- ment, whether -aid fun- was paid and thi int, with the amounl o paid ami to whom. And he shall produce and exhibil said book, record and entries, <>v a transcripl "f tin- same, to the common council, or any committee thereof. 278 when so requested by said council, or by any committee thereof. (Orel. Xo. 139, approved Sept. 16, 1884, § 1.) 795. Record to be referred to committee on public accounts. — It shall be the duty of the common council to refer the said book, record and entries, or the transcript of the same, re- ported by the chief of police, and the reports of the clerk of the municipal court, to the committee on public accounts, which shall carefully examine the same and report the result monthly to the council. (Id. § 2.) 796. Policemen to report to chief, defective sidewalks, dan- gerous buildings and places. — Hereafter it shall be the duty of every police officer of the city to report to the chief of police every evening, at the city hall, any defect noticed in any sidewalk in said city, or any dangerous structures, build- ing, bridge, excavation, ditch, cellar, walls or sewers, or any dangerous places likely to cause accidents or injury to any citizen of the city. (Id. § 3.) 797. Chief to enter report in book, etc. — Upon such report being so made to said chief of police he shall enter the same in a book to be kept for that express purpose, noting the street, block, ward and the name of the officer making the report, which book shall be open at all times to the inspection of the public officers of the citv. (Id.'§ 4.) 798. Street inspectors to inspect reports and repair side- walks or dangerous places, or put up notice. — It shall be the duty of the street inspectors of each district to call at the city hall every morning and inspect said police reports, and then proceed to repair, or cause to be repaired, said sidewalks or dangerous places in streets or elsewhere at once, or put up some distinct notice to warn or guard the public against such defect or danger. (Id. § 5.) 799. Defect existing for more than twenty-four hours with- out being reported prima facie proof of neglect of duty — Po- 279 licemen to be removed. — If any such defects in sidewalks or other places or things as is named in this ordinance shall exist for more than twenty-four (24-) hours within the beat of any policeman, without being reported as herein provided for, it shall be prima facie proof of neglect of duty of such policeman, and the mayor shall promptly remove such officer and appoint another in his place. (Id. § 6.) 800. Police to put up warning notice at dangerous or de- fective place — Notify occupant and owner to keep light and guard — Penalty. — Whenever any policeman observes a de- fective sidewalk, obstruction, ditch, excavation, dangerous building, bridge, sewer or other dangerous place likely to cause accidents or injury to the citizens, he shall put up promptly a notice at the place, thus: "Look out for danger," and see that such notice is kept there until the danger is removed, and shall at the same time notify the occupant and owner of the adjoining premises to keep a light and guard constantly by night to avoid danger, and if any owner or occupant of a lot or lots, or building or buildings fronting such dangerous places shall neglect to observe and keep these police regulations, he, she, or they shall be complained against by the policeman on that beat, or by any one else, to the judge of the municipal court, and on conviction shall pay a fine of nol exceeding one hundred dollars ($100). (Id. § 7.) 801. Penalty for obstructing police. — If any person shall resisl or obstrucl the chief of police, or any of the subordi- nate police or watchmen in the performance of his or their duties, the person or persons so offending shall, upon convic- tion thereof, be fined in any sum nol exceeding one hundred dollars ($100), and to which may be added imprisonment nol exceeding thirty | 30 i days. I Id. § 8.) 802. Police to wear shield. — Thai each member of the police force of the City of St. Paul shall be required to v a shield, the form and size of which shall be designated by the mayor and chief of police. 280 803. Unlawful for anyone to wear shield resembling police shield — Penalty. — That it shall be unlawful for any person whomsoever to wear in the city of St. Paul a shield in any manner resembling the shield designated to be worn by the policemen of this city, and whosoever wears a shield in any manner resembling the shield designated to be worn by the policemen of this city shall be guilt}' of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than five dollars ($5) or more than one hundred dollars ($100). (Id. § 2.) 804. Twelve days' vacation for each member of depart- ment — Proviso. — That the mayor and chief of police of the City of St. Paul be and they are hereby requested to adopt such rules and regulations for the government and control of the police department of the City of St. Paul so that each member and all employes of said department, in whatsoever capacity, shall have twelve days' vacation during the year, in which they shall not be required to perform police duty; provided, however, that the members of said department shall not have to exceed at any one time five days' vacation, unless there are special circumstances requiring it, and the chief of police shall so order. (Ord. No. 1663, approved March 7, 1893. § 1.) 805. City Prison — Location. — The city prison is hereby located and established in the lower part or first story of the city hall, at the corner of Washington and Fifth streets, in the City of St. Paul. i ( >nl. No. 411, approved June 17, 1884, § 1.) [The city jail is now located on part of lot 1, block 18, Rice & Irvine's Addition (being on the north side of Third street east of Washington), pursuant to lease dated July 13, 1891, and running five years from and after Aug. 1, 1891, which has been renewed until Aug. 1, 1907.] 806. City prison keeper to be appointed by council — Duty. — There shall be appointed by the common council a keeper of the city prison of the City of St. Paul, wdiose duty it shall be to receive into his custody, and safely keep in said prison 2S1 all persons committed thereto for any cause authorized by law. (Id. § 2.) 807. Prison and prisoners to be kept clean — Water and meals. — The said prison keeper shall see that the same is con- stantly kept in a cleanly and healthful condition, and that strict attention is constantly paid to the personal cleanliness of the prisoners, as far as can be; each prisoner shall be fur- nished daily with as much clean water as he may have occa- sion for, either for drink or his personal cleanliness, and shall be served three times a day with wholesome food, which shall be well cooked and in sufficient quantity. (Id. § 3.) 808. Prison keeper to keep register of persons committed. — The said keeper shall keep a true and exact calendar, or register, of all persons committed to said prison, in a book to be provided for that purpose, at the expense of the city, in which shall be entered the names of all persons committed 1" said prison, their place of abode, the time of their com- mitment, and the cause thereof. ( Id. § l.i 809. Central police station — Janitor — Appointment — Com- pensation. — That tin- mayor be and he is hereby authorized and empowered to appoint a janitor, who shall be stationed at and perform duty at the central police station. Said jani- tor shall receive as compensation for his services the sum of fifty dollar- ($50) per month, and shall be paid monthly the same as other city officers and employes. 1 Md. No. 1 HO, approved Sept. 16, L890, S§ |, ■>.) 810. Police van driver — Compensation — (See Ordinance 2468, following). — That the salarj and compensation of the owner and driver of the team and wagon used for conveying M- to and from the municipal court and St. Paul work- house, for his services and for the use of his team and w .i used for such purpose, be and the same is hereb} fixed al the sum of one hundred dollars ($100) per month, the sam< date Mom the first daj of August, V I >. 1892. (i 'id. \'o. L615, approved Sept. 8, 1892, 282 811. Margaret, Ducas and Rondo streets police stations — Additional jailers and patrol wagon drivers. — That the mayor b( and he is hereby authorized and empowered to appoint an additional jailor and a patrol wagon driver at the Margaret street police station, at the Ducas street police station, and at the Rondo street police station. (Ord. Xo. 1367, approved July 1, 1890, § 1.) 812. Prior avenue police station — Additional jailer. — That the mayor he and he is hereby authorized and empowered to appoint an additional jailer at the Prior avenue police station. (Ord. No. 1387, approved Aug. 19, 1890, § 1.) Ordinance No. 2468. (Approved Aug. 24, 1904.) 813. An ordinance to provide for the custody, maintenance and operation of the workhouse van in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That from and after the 15th day of January, 1905, the Board of Workhouse Directors of the City of St. Paul shall have the care and custody of the workhouse van, and shall provide for the proper maintenance and operation of the same, for the conveying of persons to and from the Municipal Court and the St. Paul AYorkhouse. 814. Sec. 2. Team and driver. — The Board of "Workhouse Directors shall provide a team and driver for said w r orkhouse van. and shall fix the compensation to be paid for such team and driver, or either of them ; said compensation to be paid from the "Workhouse Fund." Sec. 3. Chief to detail guard. — The Chief of Police shall detail a police officer to act as guard or conductor for said workhouse van. 815. Sec. 4. To transfer the van. — The Board of Police Commissioners shall, on or before the 15th day of January, 1905, transfer and turn over to the Board of Workhouse Di- rectors the workhouse van, now in the custody of the Board of Police Commissioners. 816. Sec. 5. Old ordinances repealed. — All ordinances, or parts of ordinances, contravening the provisions of this ordi- nance are hereby repealed. Sec. 6. This ordinance shall take effect and be in force from and after its passage, approval and publication. Ordinance No. 1872. (Approved May 18, 1896.) 817. An Ordinance requiring of the police force to report accidents to the Corporation Attorney. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That it is hereby made the duty of each patrol- man of the police force of the City of St. Paul to report, at his first opportunity, each and every accident occurring within the territory included within the beat of such patrolman to the captain of his station, in which report the patrolman shall, if possible, give the name and residence of the injured person, the place of injury, and such facts regarding the accident as he may be able to obtain. 818. Sec. 2. Duties of police captains. — It is hereby made the duty of each police captain to, at his earliest opportunity, convey such information regarding any accident as he may receive from the patrolman of his district, or otherwise, to the Ci >rpi »ration Attorney. Sec. '■'>. This ordinance shall take effect and he in force from and after its passage. POLICE PATROL TELEGRAPH. 819. Superintendent to be elected by, and hold at pleasure of, council — Qualifications — Compensation. — There shall be elected by the common council of the City of Si. Paul, before and after tin- publication of this ordinance, a superintended of the police patrol telegraph system ,,f the Cit\ of Si. Paul, who shall be a person capable of constructing, altering and repairing the said telegraph, and also of working the same promptly and withoul delay. \\h<» shall hold tliis position as such superintendent during the pleasure of the common coun cil. Tin- salary of such superintendent shall be tin- sum of two thousand five hundred dollars ($2,500) ($3,200. See 28 I chap. 382, Special Laws Minn. 1881 ) per annum, and at that per annum while holding and discharging the duties of superintendent aforesaid. (< >rd. No. 517, approved May 26, 1885, § 1.) 820. Superintendent — Duties. — The duties of the superin- tendent of police patrol telegraph system of St. Paul shall be the taking charge of said system, and every part and portion, and also furnish all the necessary jars, zinc, coppers, blue vitriol, sulphate zinc, and everything pertaining to the same, For both main line and local batteries. Also furnish all the register paper, rolls, bells for the instruments, and keep in good order all instruments, boxes and lines that are now built, or that may be hereafter built and put in service. Also, change any lines that may be ordered changed by the com- mon council. Also, set or reset any stations, and furnish and provide the necessary persons at his own cost and expense for doing the work, and said superintendent shall either by him- self, or by a competent person by him provided, be on duty and in charge of all the instruments connected with said po- lice patrol telegraph system, both day and night, and at all times. (Id. § 2.) 821. City furnish material for new lines and make excava- tions for new poles. — The City of St. Paul is to furnish all the material for new lines, such as poles, wires, cross-arms, in- sulators, brackets, and shall also make the necessary excava- tions for setting new poles. (Id. § 3.) 822. Superintendent to execute orders of council. — The superintendent of the police patrol telegraph system shall, in addition to the other duties hereinabove prescribed, also exe- cute all orders of the common council of St. Paul pertaining to the telegraph and electric lines, on either of them now in. or that may hereafter be built in the City of St. Paul, and as directed and recptired by the common council of the City of St. Paul. (Id. § 4.) 285 PLAYGROUNDS. Ordinance No. 2498. i Approved Feb. 18, 1905.) 823. An ordinance establishing playgrounds and places of recreation for children in the City of St. Paul, and providing for the regulation and maintenance thereof. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. There is hereby established a public playground in the City of St. Paul, upon the following described tracts of land, to-wit: Lots eleven (11), twelve (12) and thirteen ( L3) and the easterly one hundred (100) feet of lots eight (8), nine (9) and ten (10), all in Dawson's Subdivision of the north half i X. l /j) of block twenty-nine (29), of Lafond's Addition i. Paul. 824. Sec. 2. Jurisdiction of Park Board. — The public pla) ground hereby established, or which may hereafter be estab lished, shall be operated and maintained under the direction and supervision of the Board of Park Commissioners of the of St. Paul, and shall be free of access t<> all the children of the City of St. Paul, at such times and under such restric- tion-- a-- shall he prescribed by said Board of Park' Commis- sioners; provided, however, that no fee or charge shall ever In- made for the use of said playground, or of an) of the apparatus or appurtenances thereunto belonging. 825. Sec. 3. Cost and maintenance. — The cosl and expense of the establishment, maintenance and operation of (lie play- ground hereby established, and of any other playgrounds which may hereafter he established, shall he defrayed from moneys to he derived from taxation, and which shall he designated as the "Playgrounds \.ccoun1 of the General Fund," and said Board of Park Commissioners shall keep and administer said "Playgrounds Account," separate and distinct from the Park Fund. 826. Sec. 4. "Playgrounds Committee." — The Mayor of tin- City of St. Panl shall, on "i" before Hie firsl Monda) in 286 .March of each year, appoint a committee of three persons, who shall be residents of the City of St. Paul, which com- mittee shall be known as the Playgrounds Committee, and shall act in an advisory capacity to the Board of Park Com- missioners aforesaid on all matters which relate exclusively to public playgrounds. The members of such committee shall receive no compensation for their services. 827. Sec. 5. Supervisor. — The Board of Park Commis- sioners shall appoint a supervisor of playgrounds, and such assistants and other help as shall be necessary for the proper regulation, supervision, maintenance and protection of the public playgrounds, apparatus and appurtenances thereto be- longing, and shall prescribe their duties and fix the compen- sation to be paid to him and said assistants and help. The supervisor shall devote all of his time during his said em- ployment to the performance of his duties so prescribed. 828. Sec. 6. Rules and regulations. — The Board of Park Commissioners shall adopt and enforce rules and regulations not inconsistent with the provisions of this ordinance, to se- cure the orderly and suitable use and proper regulation and protection of such playgrounds. Sec. 7. This ordinance shall take effect and be in force from and after its passage, approval and publication. PREMISES— UNSANITARY. Ordinance No. 2419. (Approved Jan. 11, 1904.) 829. An ordinance providing for the placarding of premises in an unsanitary condition. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That in all cases where a nuisance shall be found in any building or upon any grounds or premises within the jurisdiction of the City of St. Paul, and the said nuisance is not abated within thirty-six (36) hours after a written notice from the Commissioner of Health or the Assistant Commis- sioner of Health, to the owner or agent of such building or 281 premises to abate such nuisance, then it shall be the duty of the Commissioner of Health, when in his judgment the nui- sance shall be such as to render the occupancy of such build- ing- or premises dangerous or unhealthy, to place upon such building or premises a placard warning the public that such building or premises are unhealthy and should not be occupied until placed in a sanitary condition. 830. Sec. 2. Penalty. — That any person who, without written authority from the Commissioner of Health, shall remove or induce another to remove any placard placed upon premises, as is hereinbefore provided, shall, upon conviction thereof, be subject to a fine of not less than five dollars ($5) nor more than one hundred dollars ($100), or by imprisonment in the workhouse for not less than five (5) days nor more than ninety (00) days. Sec. 3. This ordinance shall take effect and be in force from and after its passage, approval and publication. PRINTING. Ordinance No. 2304. (Approved August 22, 1902.) 831. An Ordinance regulative of the public printing, and to provide for the Joint Committee on Printing, with an expert assistant. The Common Council of the Cit\ of St. Paul do ordain as follows : See. 1. That as contemplated in and by the terms ol Section 8, Chapter 1, of the Charter of the City of St. Paul, there be and is hereby established and provided for a joinl committee of the Common Council to consist of five members, who shall be appointed on the firsl Tuesday of June in each year, or as soon thereafter as is practicable, by the Presidenl of the Common Council, and which shall be known as the Joinl Committee on Printing, ;m\ other ordinance, resolu- tion, rule or regulation of the said Common Council, or either branch thereof, to the contrary notwithstanding, and which shall have the powers and duties in and by the terms 888 oi said charier and this ordinance imposed and conferred, and no other-. (As amended by Ord. 3322, approved Oct. 23, 1902.) 832. Sec. 2. Requisition for supplies. — Each and every department of the city shall hereafter file with the City Clerk, on or hefore the first and sixteenth days of each and every mn nth. for consideration and approval by the said joint com- mittee on printing, its separate request for matter and work in the nature of printing that may be required by it under and pursuant to the provisions of law now or hereafter in force during the next succeeding two weeks. 833. Sec. 3. Clerk to file requisitions. — The City Clerk shall be, and he is hereby required to place the requests, and any specifications that may be filed therewith, as hereinbefore contemplated, and all matter in the nature of printing so con- templated on file and open to public inspection and examina- tion, and any person, firm or corporation may thereupon ex- amine the same and submit bids for the doing of the work therein and thereby contemplated and required as hereinafter provided. 834. Sec. 4. Bids for work over $200. — The said joint com- mittee shall be without the power to request or consider bids for the doing of work in a sum in excess of $200, except as may be hereafter by ordinance duly provided, but it shall be the duty of the City Clerk to receive all bids filed, as herein- before contemplated, for the doing of the work requested and provided for on the first day of each month up until the hour of two o'clock in the afternoon of the fourth day of each month, and for the doing of the work so requested on the fifteenth day of each month up until the hour of two o'clock in the afternoon of the eighteenth day of each month, unless either of said days shall fall upon a Sunday, and in that event he shall be required to receive bids until the hour of two o'clock on the following Monday in each instance ; and the joint committee hereinbefore provided for shall meet on the said fourth and eighteenth days of each and every month, and if either of said days shall fall upon a Sunday, then upon the following Monday, at four o'clock in the afternoon, for 289 the consideration of any and all bids so submitted, and direct the work to be done by the lowest responsible bidder. 835. Sec. 5. Same (See, also, City Charter). — Whenever any bills are presented' for the doing of work or the furnishing of material not furnished or provided pursuant to any action of the Common Council which may be taken in the premises, in the nature of printing, each and all of said bills shall first be presented at the office of the City Clerk and be by him referred to the said Joint Committee on Printing for audit and allowance; and it shall be the duty of the said Joint Com- mittee on Printing to examine the same and approve or allow the said bills only as they may be found to be in accordance with the awards so by it first made. 836. Sec. 6. Expert printer. — The joint committee here- inbefore provided for may. and it is hereby empowered to, call in for its advice and assistance an expert on printing to be selected by it. the said Joint Committee on Printing, whose appointment shall thereupon be certified both to tl)e City Clerk and to the City Comptroller, and whose compensation is hereby fixed from month to month and during the year of the said Common Council, at the sum of $25 per month, to be paid out of the printing and stationery fund, as the same is provided for by taxation. I As amended by ( >rd. \o. 2322, approved < )ct. 23, 1902. 1 ~. . This ordinance shall lake effect and lie in force from and after its passage, approval and publication as re- quired by law. PRIVIES, OUTHOUSES, CESSPOOLS. Ordinance No. 2455. i Appr< >\ ed Jul) 8, L90 1. 1 837. An ordinance relating to privies, outhouses and cess- pools. The Common Council of the City of St. Paul do ordain as f( >llows : See. I. Thai hereafter it shall be unlawful for an) owner, agenl for or occupanl of an) premises, or an) other person, to fill or cause to be filled, the vaull of an) pri\ j or outhou 390 any cesspool, upon or connected with any premises in the City L*i St. Paul, without first removing the contents of such vault or cesspool, under such rules and regulations as arc provided by the existing ordinances of said City, except when such fill- ing is done under permit from, and to the satisfaction and ap- proval of the Commissioner of Health of said City. 838. Sec. 2. Authorize — Commissioner to. — The Commis- sioner <4 Health may authorize the filling of any vault or cess- pool without the removal of the contents thereof, whenever the covering of the contents will be of sufficient depth to prevent such contents from being or becoming a nuisance. 839. Sec. 3. Penalty. — Any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one hundred dollars or by imprison- ment for not more than thirty days for each offense. Sec. 4. This ordinance shall take effect and be in force from and after its passage, approval and publication. PUBLIC BATHS. Ordinance No. 2066. (Approved August 19, 1899.) 840. An Ordinance establishing public baths in the City of St. Paul and providing for the regulation and main- tenance thereof. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. There are hereby established on Wakan Island, between Wabasha and High Bridge, in the Mississippi river, at a proper and suitable place on such island to be designated by the Commissioner of Health, public baths. 841. Sec. 2. Baths established. — The public baths hereby established shall be operated and maintained under the direc- tion and supervision of the Department of Health of the City of St. Paul, and shall be open and free of access to every per- son in the City of St. Paul on every day of the months of May, June, July, August and September of each year, from 291 the hours of six a. m. to ten p. m., and no other fee or charge shall be made for the use thereof except as hereinafter pro- vided. 842. Sec. 3. Separate pools for sexes. — There shall be sep- arate provisions made for persons of the opposite sexes, and the baths for women shall be separated from those for men by suitable partitions, and all of said baths or bathing space shall be enclosed by stockades or other suitable means of en- closure sufficient to protect the persons using them from the danger of being carried away by the current of the river. 843. Sec. 4. Contagious diseased persons prohibited. — No person shall be permitted to use the baths who is afflicted with any contagious or loathsome disease, nor shall any person be permitted to use loud, abusive, indecent or profane language in, at or near the baths. 844. Sec. 5. Attendants — Employment of. — The Commis- sioner of Health is hereby authorized to employ two or more attendants at the baths by this ordinance established and to be maintained, but the attendants so employed by him shall serve without remuneration, except as hereinafter provided. 845. Sec. 6. Fees. — The following fees and charges may be made and required by the Commissioner of Health from the persons using the baths by this ordinance established and to be maintained: For furnishing each bather with a towel .and one piece of soap, the sum of two cents; and for the rental to one or more bathers of a locker in which clothing and other articles may be placed, three cents for each half hour that said locker is so used ami rented; and the Commissioner of Health is hereby authorized to permit the attendants employed by him to retain the fees for towels and soap collected by them ;i- aforesaid, a- and for the salar) and remuneration for the to hi- done ami performed bv them as such attend ants, buf all fees collected for the use and nutal of [ocl as herein provided, shall be paid over 1>\ the Commissioner of Health on the first Monday of each and < onth here after to the City Treasurer, to be l him in the fund known as The Free Bath Fund, and i<> 1m- used only in the 292 maintenance of and for the repair of the free public baths herein and hereby established and to be maintained. 846. Sec. 7. Not necessary to rent lockers. — Persons who may wish to use the free public baths shall not be denied the permission to do so because of the fact that they may be un- willing to use or rent the lockers, towels and soap supplied by the attendants to be employed by the Commissioner of Health, but the baths by this ordinance established and to be main- tained shall be free for the use of all persons in the City of St. rani, except as above provided, and the City of St. Paul shall be put to no expense for the establishment, in the initial instance, of the public baths herein provided for, and to no other or greater expense in their maintenance than the Free Public Bath Fund herein provided for. Sec. 8. This ordinance shall take effect and be in force from and after its passage and publication. PUBLIC DANCES. Ordinance No. 2488. (Approved December 23, 1904.) 847. An Ordinance to define and regulate public dances in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. A public dance is hereby defined to be one which is or may be attended or patronized by the public generally, either with or without tickets or charge for admission thereto. 848. Sec. 2. Unlawful to sell liquors. — That hereafter it shall be unlawful to sell, dispense, give away or use any intoxi- cating liquor or beverage at or in connection with any public dance in the City of St. Paul, and no such dance shall be held or conducted in any room or hall opening into or connected with any place where intoxicating liquors are sold or dis- pensed, and all openings or doors through which access may be gained from the stairs or passageway leading to such dance room or hall, to any place where intoxicating liquors or bever- ages are dispensed shall be kept closed and securely fastened 203 or locked so as to prevent use thereof while such dance is in progress and for one hour thereafter, and it shall be the duty of the persons in charge of such dance as well as the person in control of the building in which it is held to see that these requirements are observed. 849. Sec. 3. Hours of dancing. — It shall be unlawful to hold or conduct any public dance later than 1 o'clock a. m. of any night. 850. Sec. 4. Minors — To be accompanied. — It shall be un- lawful for any minor person to attend or participate in any public dance unless accompanied by his or her parent or guardian. 851. Sec. 5. Penalty. — Any person who shall violate any of the provisions or requirements of this ordinance shall, upon conviction thereof, be punished by a fine of not less than ten dollar- in ir more than one hundred dollars, or by imprison- ment for not more than thirty days for such offense. Sec. fi. This ordinance shall take effect and be in force from and after its passage, approval and publication. PUBLIC LIBRARY. Ordinance No. 2027. I Approved February In, L899. i 852. An ordinance in relation to the Public Library. The Common Council of the City of St. Paul do ordain as follows : I. Thai lots numbered nine (9), ten (10% eleven (11), twelve I L2), thirteen I L3) and fourteen (14), in block numbered eleven (11), of Bazille and Guerin's Addition to St. Paul, together with the buildings thereon, are hereby desig- nated and established as a public library, and. with the rents accruing therefrom, are hereb) sel apart for public library pur pi I As amended by ( >rd. 22 13, appn w ed Jan. 9, L902. i 853. Sec. 2. To take possession. — The board of din (tors of the public library i-. hereby authorized to enter upon and 29 !: take possession of said property and make any and all im- provements thereon which it may deem necessary, bnt with- out expense to said city, and to issue and let any portion of said premises which it may deem best upon such terms and conditions as it sees fit. 854. Sec. 3. Leases to be made. — Each and every lease made by the board of directors of the public library shall pro- vide that each lessee shall pay his rent at the times therein specified to the City Treasurer of the City of St. Paul. 855. Sec. 4. Rents accruing. — All rents accruing from said property shall be paid into the fund which is now provided for the support of the public library by subdivision 23 of sec- tion 3 of chapter 6 of Special Laws of Minnesota for the year 1891 ; and all moneys so received shall be disbursed in the same manner as is provided for the disbursement of other moneys set apart for said public library. 856. Sec. 5. Same — Collection of. — If any rent shall re- main unpaid for five days after due as provided by lease, the City Treasurer shall report that fact to the president of the board of directors of the public library, and it shall be the duty of the Corporation Attorney, at the request of said board, to take the necessary steps to dispossess any party in default, or any party whose lease has terminated, or to collect any and all rents due, upon the request of said board. 857. Sec. 6. Insurance. — The board of directors of the public library shall at all times care for said property and the buildings thereon, and keep said buildings insured against loss or damage by fire in at least the sum of twenty-five thousand dollars ($25,000), all without expense to said city. 858. Sec. 7. Old ordinances repealed. — Sections 2, 3, 8, 9, 1". as amended. 11. 12. 13, 16, 17 and 37, of ordinance No. 430, approved Aug. 6, 1884, entitled "An Ordinance Relating to Markets," are hereby repealed. Sec. 8. This ordinance shall take effect and be in force from and after its passage and publication. 395 QUARRYING. Ordinance No. 2456. (Approved July 22, 1901.) 859. An Ordinance to regulate the quarrying of stone and the use of stone crushers. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That hereafter it shall be unlawful for any per- son to quarry stone or operate any stone crushing" machine, in or adjacent to any public street, or within sixty (60) feet of any building occupied for residence purposes, without first securing a permit from the Common Council, by resolution, so to do. (As amended by Ord. No. 2461, approved Aug. 5, 1904.) 860. Sec. 2. To be guarded. — Any person to whom any such permit is granted shall suitably guard and protect said quarry and machinery, by day and by night, so as to prevent accident or injury to the persons or property of individuals, and shall indemnify and save the city harmless from all claims, damages, costs and expense arising therefrom, and in case of quarries, shall forthwith fill up all excavations hereafter made, to the satisfaction of the Commissioner of Public Works so that the same shall not be dangerous or become a nuisance, and so the same shall not be a damage or injury to the streets or adjacent property. 861. Sec. 3. Bond. — That as a condition to securing such permit, the person applying therefor, shall execute and deliver lid city a surely company bond in the penal sum of S.">.iiiih. to be approved by the Mayor, conditioned for the observance and faithful performance of all the terms and requirements of this ordinance, and to protect and save harmless said city and all other persons by reason of the maintenance and operation of any such quarry and machinery. Such bond shall stand first, for the protection and security of the city, and second, • all claims of the city are satisfied, for the benefil of any and all persons damaged or injured by reason of the mainten- ance or operation of an} such quarry or machinery, and any 2d$ person so injured may maintain an action on such bond, but sh.aH at the same time give notice to said city of the com- mencement of such action, and the nature and amount of his demand. [f the person so owning or operating any such quarry shall for the period of six (6) months after being notified by the Commissioner of Public Works so to do, fail or neglect to properly fill all excavations as hereinbefore required, the city shall have the right to do so and to collect the cost and ex- pense thereof from the principal and surety executing said bond. 862. Sec. 4. To enclose stone crusher. — All stone crushing machinery shall be so enclosed and protected as to prevent the sand and dust arising from the operation thereof, from becom- ing an annoyance or nuisance to the public or residents in the vicinity thereof. 863. Sec. 5. Limit in which to blast. — Xo person shall do any blasting in any quarry hereafter opened within sixty (60) feet of any inhabited building, without the written consent of the occupant and owner thereof. 864. Sec. 6. Penalty. — Any person who shall violate any of the provisions of this ordinance shall be guilty of a misde- meanor and upon conviction thereof shall be punished by a fine of not more than one hundred dollars, or be imprisoned for not more than thirty days. Sec. 7. This ordinance shall take efifect and be in force from and after its passage, approval and publication. RAILROADS. 865. Speed of cars — Bell to be rung — Blowing of whistle prohibited. — That no railroad company or corporation, or their agents or employes, shall run a locomotive or train of cars or single car within the limits of the City of St. Paul at a greater speed than four (4) miles per hour, nor without having and ringing a bell of sufficient size at all times while so in motion; and no railroad company or corporation, or their employes, shall blow the whistle of a locomotive within the limits of the City of St. Paul. 297 (Orel, approved March 2, 1871, §1, as amended by Ord. Xo. 307, approved Sept. 1!), 1882, §1. in Article LVIL. Mu- nicipal Code 1884, § 1 and § 2 of Ord. No. 307, ap- proved Sept. 19, 1882, repealing § 2 of the Ord. approved March 2, 1871.) 866. Flagmen at crossings. — Whenever so required by reso- lution of the common council, it shall be the duty of every rail- road company whose track crosses any street or road in the city limits, to keep and employ a flagman at such particular street or road crossing, as the city council may direct, and such flagman shall give the necessary warning of the approach of all locomotives, trains or cars to avoid danger to persons and property. (Art. LVIL, Municipal Code 1884, §2.) 867. Lamps at crossings. — Whenever public safety may re- quire it, and whenever so directed by resolution of the com- mon council, it shall be the duty of the several railroad com- panies running trains of cars or locomotives in the city limits, to erect, keep and maintain gaslight lamps at their railroad crossing over any particular street, road or public grounds, and to keep such gas lamps lighted by night, at the time or times when the city gas lamps are lighted; and at any point where lamps are so ordered by the common council to he erected, and gas cannot be procured, said railroad companies may use oil lamps until gas can he conveniently procured. Such lamp-- shall have iron posts, and he of the same height and dimensions as the gas lamps and posts now used in the streets of the City of St. Paul. (Id. §3.) 868. Same — Refusal by company to maintain — Remedy- Damages, penalty. — In case of negled or refusal of any rail road company to comply with a resolution of the common council under the pro> isions of the fi iregoing section, said com nion council may cause tin- construction and lighting of such lamp or lamps, at the expense of said railroad company, and may recover the cosl thereof, with damages and penalties, by prosecution before any court of competenl jurisdiction, I Id. g I.) 398 869. Obstructing street with cars, freight, etc. — Obstruct- ing passage to and from levee — Stopping cars, etc., at street crossings. — \o railroad company or their agents or employes, or any other person, shall obstruct any public street or high- way with locomotive, cars, freight, goods, wares or merchan- dise, nor in any way obstruct the free and clear passage for vehicles and foot passengers to and from^ the public levee, through the usual avenues of egress or regress, nor shall any railroad company, their officers or employes, be permitted to stop a train of cars, or locomotives, on any street crossing, neither for switching nor any other purpose whatever, except to prevent accident in case of immediate danger. (Id. § 5.) 870. Excavating or filling streets, etc. — Crossings — Grades — Regulations. — Xo railroad company, or their em- ployes, shall excavate or fill any street, road or alley or part thereof, for the construction of a railroad crossing or any other purpose, without complying with the following regulations: First — Such railroad company shall, before commencing any excavation or filling on any of the streets, roads or alleys of the city, report to the common council a full and explicit plan of the contemplated work, and obtain permission of the council for the purposed grading. Second — After such permission has been granted by the common council such grading shall be commenced forthwith, and be fully completed within four weeks. Third — Upon the completion of any grading for railroad crossings, the same shall be submitted to the common council for their inspection, and when adopted to the satisfaction of the council, the rails for such crossing may be laid, but not before. Fourth — The approaches of any railroad crossing as above referred to, shall be constructed on a grade of not more than six (6) feet in one hundred (100) feet for the full width of the street, road or alley, and shall be kept in good repair by the respective railroad company and at their cost and expense. Fifth — The railroad tracks at such crossings, and their approaches .for three (3) feet or more, shall be properly planked by two and one-half (2 l / 2 ) inch planks for the full 2«J1) width of the street, road or alley, the planks to be laid even with the top of the rails. The space between the planking and the rails shall not exceed two (2) inches. Said planking" to be renewed whenever necessity may require it, or when directed by the common council. (Id. § 5.) 871. Crossings — To conform to regulations. — Any railroad company having any railroad crossings over any traveled street, road or alley, in the city limits, not in accordance with the regulations contained in this ordinance, are hereby re- quired to make the same conform thereto at once, and not later than four (4) weeks after the passage of this ordinance. (Id. § 7.) 872. Penalty for violating ordinance — Violation by em- ploye, company relieved from penalty, when. — Any railroad company or corporation or their agents, engineers, conduc- tor^ or employesor any other person who shall violate or re- fuse or neglect to comply with any of the provisions of this ordinance, shall, upon conviction thereof, before any court of competent jurisdiction, be punished by a fine of not less than seventy-five dollars ($75) nor more than one hundred dol- lars ($100), or by imprisonment for not less than ten (10) nor more than thirty (:!<>) days, for each and every offense; pro- vided, that whenever any conductor, engineer or other em- ploye of any railroad company,. shall violate any of the pro- visions of this ordinance, contrary to the instructions and reg- ulations of such railroad company, and when such railroad company --hall furnish to any city officer applying therefor, the name of the person so violating, and upon conviction of such person, such railroad company shall he relieved from the pen- alties imposed b) this section. I Id. § 8. 1 873. Unlawful to get on or off railroad cars when in mo- tion — Not to apply to officials and employes. — h is hereb} de clared to be unlawful for any person to gel on or off railroad when in motion within the limits of the City of St. Paul J provided, the provisions of this ordinance shall not be con- strued to apply to railroad officials and employes. (( )rd. \'o. 613, approved Jan. 19, L886, § 1.) 300 874. Penalty. — Any person who shall violate any provisions of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding fifty dollars ($50). (Id. § 3.) RENTS DUE CITY. 875. City clerk to collect rents, pay to treasurer and report to council. — It is hereby made the duty of the city clerk to collect all rents due. accruing or to accrue, to the City of St. Paul, from any and every source under the charter, ordinances, by-laws, resolutions, contract or contracts, and pay the same over to the city treasurer, and take his receipt therefor, and shall report the said collections monthly to the common coun- cil if any of said rents are payable monthly, or at such time as the same is collected, and he shall make a monthly report of all rents due and unpaid. (Ord. of Dec. 21, 1875, § 1.) REPORTER'S BADGES. Ordinance No. 1909. (Approved February 1<, 1897. | 876. An Ordinance requiring the Chief of Police to issue badges to reporters of the daily newspapers pub- lished in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. The Chief of Police of the City of St. Paul is hereby authorized and required to adopt and issue upon a written request of the managing editor of any daily newspaper published in said city, or by the manager of any press associa- tion organized as a news gathering agency, badges of appro- priate design and consecutively numbered to the reporters or other representatives of such newspaper or press association. 877. Sec. 2. Wording on badges. — All such badges shall be uniform in design, shape and material, and each badge shall bear the words "St. Paul Police Department," the name of the newspaper or press association to whose representatives it is issued and its proper serial number. 301 878. Sec. 3. Book to be kept.— The Chief of Police shall keep and issue the badges and shall keep a record book in which he shall enter the number of the badges issued, the name of the person to whom and the newspaper or press asso- ciation upon whose written request the same was issued ; pro- vided, that not more than fifteen badges shall be issued to the representatives of any one newspaper or press association at any one time. 879. Sec. 4. Privileges of holders. — Such badges shall en- title the authorized wearer, when in the pursuit of legitimate news, to such privileges as the Chief of Police and other pub- lic officers may be justified in granting. 880. Sec. 5. Fees. — The fee for the issuing of such badge shall be an amount equal to the cost of such badge, said fee to be returned upon the surrender of the badge. 881. Sec. 6. Penalty for misuse. — Whenever any person to Whom a badge has been issued under this ordinance, shall be guilty of a misuse of such badge or of an abuse of the priv- ileges conferred thereby, such badge may be taken from him by the Chief of Police and no badge shall again be issued to such person. 882. Sec. 7. Penalty. — No person shall be entitled to the privileges conferred by such badges who shall not have ob- tained the same in the manner herein provided. Any person who shall obtain or attempt to obtain any privileges by the misuse, fraudulent use, duplication or counterfeiting of such badges, or who shall in any wise impose upon the police or other public officers by means of such badges, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten il'M dollars nor more than one hun- dred I LOO) dollars. 883. Sec. 8. Same — For duplication. — Any person who shall duplicate or counterfeil any badge or badges adopted by the Chief of Police, as herein provided, for the purpose of ob- taining or enabling others to obtain, any of the privileg< corded to the authorized wearers of such badges shall be deemed guilt} of a misdemeanor and upon conviction thereof 302 shall be fined nol less than twenty-five (25) dollars nor more than one hundred I LOO) dollars. Sec. 9. This ordinance shall take effect and be in force from and after its passage and publication. ROLLER SKATING RINKS. 884. Must be licensed — Penalty. — No person, firm or cor- poration shall keep, run or maintain in the city of St. Paul any roller skating rink (so-called) wherein such person, firm or corporation shall permit for reward or otherwise any person or association of persons to meet and practice upon roller skates, either for individual exercise, public exhibitions or amusement, without first having obtained a city license there- for ; and any person, firm or corporation guilty of violating the provisions of this ordinance shall, upon conviction thereof, before any court having jurisdiction of such offenses, be fined in any. sum or amount not less than twenty-five ($25) or ex- ceeding one hundred dollars ($100), for each and every such offense. (Ord. No. 55?, approved Aug. 11, 1SS5, § 1.) 885. Sec. 2. License obtained, how — Price — Duration. — Any person, firm or corporation may obtain a license to keep, run and maintain a roller skating rink within the limits of the City of St. Paul, to be used for the purposes hereinabove men- tioned, in the same manner as provided for obtaining licenses to sell or vend spirituous liquors ; provided that any person, firm or corporation obtaining such licenses shall pay into the city treasury for each and every roller skating rink run, kept or maintained by such person, firm or corporation, the sum of twenty-five dollars ($25.00). All licenses issued hereunder shall fully expire and terminate on the last day of December of the year the same shall have been issued, unless sooner re- voked for cause as other licenses are. (Id. § 2. See, also, Licenses. As amended by Ord. No. 2492, approved Jan. 21, 1905.) 303 SALVAGE CORPS AND FIRE PATROL, (ST. PAUL BOARD OF FIRE INSURANCE UNDER- WRITERS.) 886. Right of way on streets in responding to fire alarms and performing duty — Privileges to be subordinate to like privileges of police and fire departments — Police and fire de- partments not amenable to ordinance. — Whereas, The St. Paul board of fire insurance underwriters have provided rooms for the accommodation of salvage corps and fire patrols, and a patrol of men, and a person to act as superintendent, to dis- cover and prevent fires, with a suitable apparatus to save and preserve property and life at fires, as authorized by an act of the legislature of the State of Minnesota; Now, therefore, the common council of the City of St. Faul do ordain as follows : That the members of the salvage corps and fire patrols of the St. Paul board of fire insurance underwriters be and they are hereby given the right of way upon the streets and avenues of the City of St. Paul in responding to fire alarms, and in the performance of their duties as such members ; pro- vided, however, that nothing in this ordinance contained shall give to such members any right upon said streets or avenues superior to or conflicting with those of the police and fire de- partment of said city, but the privileges hereby conferred shall be subordinate to the like privileges enjoyed by the said police and fire department, and the members of said police and fire department of said city in the performance of their duties shall not be amenable to this ordinance. -' )rd. No. 1842, approved Oct. 3, 1895, preamble and § 1.) 887. Not to be obstructed or hindered — Use of streets to be surrendered to. — No person shall obstruct, hinder or delay the members of said salvage corps and fire patrols in responding to fire alarms and in the performance of their duties as such members, bul each and every person, excepl as hereinabove provided, shall surrender to said members the use of the streets and avenues of the Cit) of St. Paul, so thai they may the free and unobstructed use thereof in respondin fire alarms and in the performance of their du! (Id. §2.) :;oi SSS. Penalty. — Am person violating any*of the provisions of this ordinance shall be punished by a fine of not less than five (5) nor more than fifty (50) dollars, or by imprisonment not less than ten ( 10) nor more than sixtv (60) days. (Id. §3.) SCALES (PUBLIC). i See. also, Coal and Hay, and Weights and Measures.) 889. Public scales — Permit. — No person or persons shall hereafter keep or maintain or allow to be kept or maintained, at any point upon the public streets and within the limits of the City of St. Paul, public scales for the weighing of hay, coal or other articles, without first obtaining a permit therefor as hereinafter provided. (Orel. Xo. 290, approved June 20, 1882, § 1.) 890. Council may permit — May revoke permission. — The Common Council of the City of St. Paul may from time to time authorize and permit as many, and such persons as it may think proper, to erect, maintain and operate in any of the public streets of said city, scales for the weighing of hay. coal or other articles of any kind or nature whatever, and to revoke the same at its pleasure. (Id. § 2.) 891. Application for permit to be in writing. — That before anv authority or permit shall be granted, the applicant or ap- plicants therefor will present to the common council an ap- plication in writing, setting forth upon what streets and at what points he or they desire to erect such scales. (Id. §3.) 892. Scales to be approved pattern and erected under di- rection of city engineer. — Said scales must be of the most ap- proved pattern in use and must be erected under the direction and to the satisfaction of the city engineer. (Id. §4.) 893. Bond. — That before the authority or permit of the common council to erect any scales as aforesaid shall have any force or effect, the person or persons to whom the same may 305 be issued shall execute a bond to the City of St. Paul in the sum of one thousand dollars ($1,000), with sureties to be ap- proved by the common council, conditioned to save the City of St. Paul harmless from all suits, actions, damages, cost and expenses by reason of the occupancy of the street by said scales. 894. Street to be kept in good condition. — All persons to whom a permit or authority shall be given shall at all times keep the street around and adjoining said scales in a good, safe and passable condition. (Id. § 6.) 895. Scales to be adjusted and sealed — How often. — It shall be the duty of the owners or operators of all scales now or hereafter erected in or Upon any of the public streets of said city to have the same adjusted and sealed by the sealer of weights and measures at least once in every three months, and oftener if necessary. (Id. § 7.) 896. Penalty for false certificate, etc. — Any owner, opera- tor 'T weigher of any scales who shall give a false certificate or who shall practice any fraud or deceit in the weight of hay, coal or other article or articles weighed, or who shall violate any of the provisions of this ordinance, shall upon conviction he lined in any sum not less than twenty dollars ($20) nor more than cm- hundred dollars ($100). .1.1. §8.) SCAVENGERS— NIGHT SOIL. i Sec also I tealth I >epartment. I 897. City clerk to issue license authorized by council to scavengers. — The city clerk of the City of Si. Paul shall issue a license to any person, partnership or corporation upon the terms and conditions hereinafter mentioned, which ric shall i'ir-i be authorized b) the common council, and shall power said person, partnership or corporation so licei (after securing a permil therefor) to clean and remove the contents of privy vaults, cesspools, sinks and private drains 306 In said city, and ever} person, partnership or corporation in said business shall be deemed scavengers within the meaning of this ordinance. (Ord. No. is:;:., approved Sept. 3, L895, § 1.) 898. Unlawful to remove contents of privy, etc., or become scavengers, without license. — No person, partnership or cor- poration shall, within the City of St. Paul, empty, clean or re- move the contents of any privy, vault, cesspool, sink or private drain, or in any manner engage in the business of a scavenger without first having obtained a license so to do. as herein pro- vided. (Id. §2.) 899. Price and duration of license — Bond. — Every person, partnership or corporation receiving- such license shall pay to the city treasurer the sum of twenty-five dollars ($25) and exe- cute a bund to the City of St. Paul in the penal sum of five thousand dollars ($5,000), with two or more sureties, to be approved by the corporation attorney and mayor, conditioned that the said scavenger shall perform the work herein pro- vided for in an approved sanitary manner, in accordance wirl' the provisions of this ordinance and the regulations of the department of health, and pay for all labor performed and material furnished in the performance of said work, and save the City of St. Paul harmless in the premises, said license to be good for the period of one (1) vear. rid. § ?,) 800. Licensed person to obtain permit from commissioner of health. — No licensed person, partnership or corporation shall, within the City of St. Paul, remove or cause to be re- moved, the contents of any privy, vault, cesspool, sink or pri- vate drain, without a permit first obtained from the commis- sioner of health. 901. Permit to give name of scavengers, etc. — Every such permit shall give the name of the scavenger, describe the premises where the work shall be done, state where and how and by which of the methods in this ordinance mentioned the contents thereof shall be disposed of. (Id. § 5.) 307 902. Scavenger to make return of permit. — Every scaven- ger shall make return to the department of health of every permit issued to him within five (5) days after the permit shall have been issued, certifying to the number of cubic feet removed from the privy vault, cesspool, sink or private drain therein described, and the manner in which same was dis- posed of. (Id. §6.) 903. Cleaning and removing must be done in an inoffensive manner, etc. — The cleaning, emptying and removing of the contents of privy vaults, cesspools, sinks, or private drains shall be done in an inoffensive manner, and any scavenger having begun any such scavenger work shall, without any interruption or delay, finish the same, and shall in every instance leave the privy vault, cesspool, sink or private drain in as good a condition upon the outside as when the work was undertaken. ' i hi. § 7. See, also, Health Department.) 904. Night soil, etc., to be conveyed in tight-covered receptacles, etc. — All persons, partnerships or corporations engaged in the business of scavengers, within the City of St. Paul, and who may be employed therein to remove night soil or other offensive substance from any privy vault, cesspool, sink or private drain, shall, in removing the same through, over or along any of the streets, highways, alleys or public grounds of said city, or elsewhere therein, convey the same in close, tight-covered barrels or receptacles, so as to prevent the scattering or dropping therefrom of such nighl soil or other offensive substance, or any thereof, while in motion or passing along any of the streets, highways, or other places above mentioned, or permit the emission of smell therefrom; -aid receptacles shall be kepi clean and inoffensive when not in actual use. (Id. § 8.) -05. Manner of disposing of night soil. — It shall be unlaw- ful for any person, partnership or corporation engaged in the business of scavenger within the City of St. Paul, to dis] oi any nighl soil, removed from any privy vault, cesspool, 308 sink or private drain therein, in any other than one of the fol- lowing methods, to-wit : By a system of cremation to be approved by the com- mon conned, or by a system of flushing through grate and sewer into the river, said system to be approved by the com- mon council. That both the removal and disposition of said night soil shall be done tinder the direction and supervision of the department of health, and the apparatus for the dis- posal thereof to be located within the city limits of the City of St. Paul. ' (Id. § 9. I 906. Penalty for burying or improperly disposing of night soil. — That if any scavenger shall bury said night soil or dis- pose of same in any manner except as herein provided, his, their or its license shall be immediatelv forfeited and annulled. (Id. § 10.) " 907. Scavengers' prices — If paid in advance work to be completed within twenty-four hours. — Scavengers shall charge and receive not to exceed the following prices for' removing and disposing of the contents of any privy vault, cesspool, sink or private drain, viz. : Two dollars ($2) where the contents of the privy vault, cesspool, sink or private drain does not exceed twenty (20) cubic feet: ten (10) cents per. cubic foot where the contents of same exceeds twenty (20) cubic feet and does not exceed one hundred (100) cubic feet, and eight (8) cents per cubic foot where the contents exceeds one hundred (100) cubic feet, and they may demand and receive their fees for such services in advance : provided, that where such fees are demanded and received in advance the work for same must be completed within twenty-four (24) hours after such receipt. (Id. § 11.) 908. Penalty. — That any person, partnership, or the prin- cipal officer of any corporation who violates or disobeys any of the provisions of this ordinance shall, upon conviction, be subject to a fine not exceeding seventy-five dollars ($75) nor less than ten dollars ($10), or by imprisonment in the city workhouse for not more than eighty (80) days nor less than ten (10) days. (Id. § 12.) 309 909. Inconsistent ordinances repealed. — That all ordinances and parts of ordinances inconsistent herewith arc hereby re- pealed, and this ordinance shall take effect and be in force from and after its passage. Ordinance No. 2313. (Approved October 9, 1902.) 910. An Ordinance requiring licensed scavengers to place the word "Scavenger," and the number of their scavenger wagon, on all wagons and vehicles used for scavenger purposes, and providing a penalty for any violation thereof. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That all persons, firms or corporations who are now or shall hereafter be licensed to do scavenger work in the City of St. Paul shall cause to be placed and maintained in a conspicuous place on all wagons or other vehicles used by them for scavenger purposes the word "Scavenger." and underneath said word a numeral which shall indicate the num- ber of their wagon or vehicle. Said number shall be not less than one foot in length, and shall be so placed on said wagon or other vehicle as to be plainly visible. 911. Sec. 2. Duties of licensees. — It is hereby made the duty of all persons, firms or corporations who arc now or shall hereafter be licensed as scavengers to apply at the "Dice of the Commissioner of Health of the City of St. Paul for a number to be placed upon each of their wagons or vehicles so used for scavenger purposes, and said Commissioner oi Health, or one of his assistants, shall thereupon register in a book to be kept for thai purpose, the name of said person, firm or corporation and the number of each wagon or other vehicle used by said person, firm or corporation for scavenger purposes, and shall indicate and direel said person, firm or corporation wlial number they shall place on each of said wagons or vehicles so used for er purposes, no two of which said unmix rs shall be the same. 310 912. Sec. 3. Penalty. — Any person, firm or corporation who shall violate any of the terms of this ordinance shall upon conviction thereof in the Municipal Court, be subject to a fine of not less than five nor more than twenty-five dollars. Sec. I. This ordinance shall take effect and he in force from and after its passage, approval and publication. SCHOOL JANITORS. 913. School janitors may be policemen. — h is hereby made the* duty of the mayor of the City of St. Paid to appoint and commission as policemen whoever may be appointed janitor of any of the public schools of the City of St. Paul, whenever requested by the president of the board of education; provid- ed, that said janitors so appointed policemen as aforesaid shall receive no additional compensation, nor shall they be required to do any duty as policemen except in the protection and pres- ervation of the public school buildings and the property be- longing to the public schools of the City of St. Paul. (Ord. No. 136, approved Jan. 15, 1878, § 1.) SERGEANT-AT-ARMS OF COMMON COUNCIL. 914. Sergeant-at-arms — Salary. — That the salary of Henry Galvin, sergeant-at-arms of the common council, authorized to be appointed by resolution of the common council, approved May Id, 1889, be and is hereby fixed at the sum of three hun- dred dollars ($:!) per annum, the said salary to commence from May 1."), 1889, and to be paid him in like manner as the salaries of other city officers are paid. (< >rd. No. 1216, approved Sept. 5. 1889, § 1.) SEWERS AND DRAINS. 915. City engineer to control sewers and drains. — The city engineer shall have the control of the sewers and drains of the city, and everything done and to be done in the premises, to the end that a proper and efficient system may be maintained, except as herein otherwise provided. (Ord. No. 201, approved March 10. 1880. in Article LXIV.. Municipal Code of 1884, § 1.) Sll 916. City engineer, under direction of board of public works, to take supervision of sewers, etc. — The city engineer shall, under the direction of the board of public works, take the general supervision of all sewers and their connections, which now or hereafter may be built by the city, or which may be permitted to be built by its authority, and shall take charge of the building and repairs of the same, and all matters in connection with the sewerage of the citv. (Id. § 2.) 917. License or permit fee to be paid to the city treasurer — City engineer to note or record receipt. — All sums to be paid by any person or persons for licenses or permits, as pro- vided for in this ordinance, shall be paid to the city treasurer, taking his receipt therefor, which receipt shall be noted or recorded by the city engineer before he -shall deliver said license or permit. (Id. § 3.) 918. Connections — License — Qualifications of licensee. — No connection shall be made with any sewer or drain except by persons regularly licensed to perform that description of work, and the person or persons applying for license must be residents of the City of St. Paul, and at the time of the appli- cation, furnish the board of public works with a satisfactory certificate, signed by at least two responsible masons, plumb- er- or builders, or one of each, that the applicant is known to them as a person skilled in the business and qualified to receive a license. (Id. § 1.) 919. Same — Price of license — Bond, conditions. — \i the time of receiving a license the party shall pay for the same the sum of twenty-five ($25) dollars per annum, and file a bond In the office of the city comptroller in the sum of one thousand dollars ($1,000), with one or more sureties, to be approved by the board of public works, conditioned thai he will in demnify and save harmless the City of St. Paul and the board of public works from all suits, accidents and dai mse- quenl thereupon, for or 1>\ reason of an) opening in any streets, any lane or avenue made by him, or by those in his 312 employment, for making any connection with any public or private sewer, or For an) other purpose or object whatever, and that he will also replace and restore the street over such opening to as good a state and condition as he found it. keep guards by day and light by night, and keep and maintain the same in good order, to the satisfaction of the city engineer for his acceptance, and shall conform in all respects to the rule- and regulations of the common council or board of public works, and pav all fines that may be imposed on him by law. (Id. §"o.) 920. Same — Written permission of city engineer — Penalty. — Xo connection shall be made with any sewer without the written permission of the city engineer, and any opening or connection made into any sewer without such permission, or in any manner different from the mode prescribed for such opening or connection by the ordinance, shall subject the per- son making the same, and the occupier or owner of the premises directing it, to a penalty of not less than ten dollars ($10) for each and every day said connection or opening shall remain after notice by the city engineer to close and discon- nect the same. (Id. § 6.) 921. Same — Permission may be revoked by board of pub- lic works without damages. — All permissions given as afore- said, to connect with sewers and drains, shall be upon the ex- press condition that the board of public works of the city may. at any time, revoke and annul the same, and the persons making such connections, or their successors in interest, shall have no right to claim any damages in consequence of such permission being revoked or annulled. (Id. §7.) 922. Same — And tapping — Permit not to issue unless as- sessment paid — When no assessment, deposit to be made, to apply on assessment. — The city engineer is expressly pro- hibited from granting a permit to any person to tap or con- nect with any sewer, unless satisfactory evidence is produced to said engineer that the assessment for the cost and expense for the construction of said sewer, against the property to 313 drain which a permit is asked, has been paid, and when here- after a sewer is built, and no assessment has been made, un- less a deposit shall first have been made with the city treasur- er of an amount equal to one dollar and twenty-five cents ($1.25) per foot frontage of the property sought to be drained, said deposit to apply in payment of any assessment for the construction of a sewer abutting the property drained, and if the assessment for the cost of said sewer shall be less, as> against the property for which a permit has been granted as aforesaid, than the said deposit, the difference shall be re- turned to the owner of the property upon the completion of said assessment. (Id. § 8.) 923. Same — Same — Permit not to issue for off the line of street of property to be drained. — No permit shall be granted to any person to tap or connect with any sewer off the line of the street upon which the property sought to be drained is situated. (I'd. § 9-) 924. Same — How made — Street and sidewalk opening, regulation — Refilling trenches, paving, sidewalks, rubbish, dirt — Regulations. — 'The connection with all sewers must be made even with the inside surface in a workmanlike manner. where a length of pipe or drain has not been left in the sewer, and made perfectly tight with good cement, and, where a pipe has been left in, the connection shall be made with such pipe without injuring the same. The street must be opened and the paving and earth deposited in a manner that will occasion the least inconvenience to the public, and provide for the passage "i" water along the gutters; one-half the street must be left clear for the passage of vehicles, and bridgeways pro- vided on sidewalks for foot passengers; in refilling the trench, the earth must be laid in layers nol more than six (6) inches in depth, and each layer wetted and rammed to prevenl after settlement. The paving, flagging and sidewalks are to be restored to at least as good condition as previous to the exca- vation, and all rubbish and surplus earth to be immediately removed. ( Id. § LO.) 925. Drain — Plan and construction. — It shall be unlawful to construct or extend any drain f<»r the reception of sewerage or waste water under or into any hotel, tenement house, dwelling or any building, or to connect the same with any public sewer, unless the said drain shall, in its plan and con- struction, conform to the following requirements: First, there shall he in said drain a trap, so constructed as to bar the pas- sage of air from beyond the trap into the house, by an obstacle equal to at least one (1) inch in depth of water; second, be- tween said trap and the foot of the soil pipe there shall be connected with the said drain an inlet pipe for the admission of fresh air. and the soil pipe within the house shall be con- tinued above the roof and left open, so that the whole drain may be thoroughly and constantly ventilated. (Id. § 11.) 926. House drain — Plan with city engineer — Permit not issue, when. — Whenever any person desires to construct a house drain, intended to be connected with or discharge into any sewer, he shall, before beginning work upon the same, deposit with the city engineer a plan thereof, which shall show the wdiole course of the drain, from its connection with the sewer to its terminus within the house, with the location of all branches, traps and fixtures to be connected therewith, said plan or a copy thereof to be left on file in the office of the said city engineer. If, upon inspection of said plan, the city engineer shall find that the same does not conform to the requirements of this ordinance, he shall not issue any permit for its construction or connection with any sewer, and it shall be unlawful to construct said drain or to connect the same either directly or indirectly with any sewer. (Id. § 12.) 927. Same — Engineer may enter premises — Defective drain Or attachments — Notice to and duty of owner or agent. — The city engineer, or his duly authorized agents, shall have the right to enter upon the premises drained by any house drain and connected with any public sewer, at all reasonable hours, to ascertain whether the provisions of this or any ordinance in regard to house drains have been complied with, and if he 315 shall find that said drain, or its attachments, do not conform to the provisions of law in regard thereto, he shall notify the owner of said premises or his agent of this fact. It shall thereupon be the duty of said owner or his agent to cause said drain or its attachments to be so altered, repaired or recon- structed as to make them conform to the requirements of law in regard thereto, within fifteen (15) days from the time of receiving such notice. (Id. § 13.) 928. Application for permits — Private drain not to extend beyond property for which permit is given. — Applications for permits must be made by the party employed to do the work, and must state the location, name of the owner, number of buildings to be connected, and how occupied. It shall be unlawful hereafter for any person to extend any private drain beyond the limits of the buildings or property for which the permit has been given. (Id. § 1 l.i 929. Drains entering into public sewers or drains in the street — Size, material, direction, grade — City engineer direct — Work to be done by licensed person. — All drains, which enter into any public sewer or drain in any street or highway, shall be built of such size and materials and in such direction, and with such grades and in such manner as the city engineer may direct, and all work thereupon shall only he done by a regularly licensed person, as provided in this ordinance. (Id. § 15.) 930. Connection with sewer, drain — Notice to engineer, for inspection. — Notice in writing must be given to the cit\ engi- neer at his office by the person who is to make the connection with any sewer or drain, when such work will hi- read) for inspection, previous to making such connection. (id. § i<;.) 931. Licensee not to allow use of his name by other person — To have recorded in city engineer's office his place of busi- ness, etc. — Notice to superintendent of sewers. — No person licensed to make such connection with -ewers, , ;tc, shall allow- bis name to be used by an\ other person, either (or the pur- pose of obtaining permits, or doing any work under the license; and every person licensed shall Have recorded in the city engineer's office his place of business, the name under which the business is transacted, and shall immediately notify the superintendent of sewers of any change. (Id. § 170 932. Offal, garbage, etc., not to be put in catch basin — In- juring or breaking, etc., catch basin, etc., or sewer or drain — Penalties. — No butchers' offal or garbage, dead animals, kitchen slops or any substance or obstruction of any kind whatever shall be placed, thrown or deposited in any catch basin, and any person so offending, or causing any such ob- struction or substance to be placed so as to be carried into such, basin shall be subject to a penalty of ten dollar- ($10) for each offense, and any person injuring or breaking or re- moving any portion of any catch basin, covering hag. gully grating, manhole or side entrance cover, or any part of any sewer or drain, or obstructing the mouth of any sewer or drain, shall be subject to a penalty of twenty dollars ($20) for each offense. (Id. § 18.) 933. Drain from house or lot to public sewer — Notice — Neglect to construct — Duty of board of .public works — Pen- alty, expense, damages. — The city engineer, under the direc- tion of the board of health, shall have power in all cases where there is a public sewer in any street or highway, to cause every owner of land upon or adjoining such street or high- way, his agent or tenant, to make a sufficient drain from his or her house, yard or lot, whenever in their opinion the same may be necessary, and they shall thereupon give such owner, or agent, or tenant, notice in writing, specifying the time when such drain must be completed; and if the said owner, agent or tenant neglects to complete the same within the time specified, and in addition to the penalties imposed for a violation of any of the provisions of this ordinance, the board of public works shall cause it to be done, and shall recover the whole amount of the expense thereof, together with ten (10) per cent damages, by an action in the name of the City of St. Paul, before any court proper to try the same. (Id. § 19.) 934. Drain, defective — Removing, reconstructing, cleans- ing, etc. — Neglect to remove, etc. — Duty of board of public W orks — Expense. — Whenever any drain connected with any public sewer or drain becomes clogged, obstructed, broken or out of order, or detrimental to the use of the sewer or drain, or unfit for the purposes of drainage, the owner, agent, occu- pant or person having charge of any building, yard, lot of land or other premises which are drained by said drain or sewer shall, when directed by the board of public works, board of health or city engineer, remove, reconstruct, alter, cleanse or repair said drain, as the condition of said drain may require. In case of neglect or refusal to remove, reconstruct, repair, alter or cleanse said drain for the space of three (3) days, the board of public works shall cause the same to be removed, reconstructed, repaired, altered or cleansed, as they may deem expedient, at the expense of the owner, agent, or other person as aforesaid. (Id. § 20.) 935. Obstruction in sewer or drain — Penalty — Duty of owner, agent, occupant, after notice. — Any owner, agent, occu- pant or other person, having charge of any building, yard, E land or other premises, which are drained into any pub- lic -ewer or drain, who permits any substance or matter, which may form a deposit or obstruction in any public sewer or drain, to flov\ or pass into the same, shall be liable to a dty of not more than twenty dollars ($20) for each offense. And said owner, agent, occupant or other person. iforesaid, shall, when directed by the hoard of health, within ten (10) days after notice in writing to thai effect, from --aid hoard, provide his drain with sufficient cesspool or catch basin, or, it" one alread) exists, clean OUt, repair or alter the same, and provide SUCh oilier means as shall prevent any substance or matter from passing into the drain or sewer which may cause a deposil or obstruction therein, (Id. § 21. See. also, Stn 318 936. Neglect to provide cesspool or catch basin, or to clean, etc. — Obstructions — Duty of board of health — Expense — Pen- alty. — In case of neglect or refusal to provide a cesspool or catch basin, or to clean out, repair or alter such cesspool or catch basin, it' one exists, for the space of five (5) days, the board of health shall cause the same to be repaired, altered. cleansed and provided with such other means to prevent any substances or matter from passing into the sewer or drain, that may cause a deposit or obstruction therein, as they may deem expedient, at the expense of the owner, agent, occupant or other person having charge of the premises, and such owner, agent, occupant or other person shall also be liable to a penalty not exceeding twenty dollars ('$20). (Id. § 22.) 937. Breaking ground for connections, etc. — Operating on sewers or drains — Duty of police and street inspectors. — It shall be the duty of the police of the city and street inspectors, in all cases where they may find any person or persons en- gaged in the work of breaking ground for the purpose of making connections, etc., with sewers or drains, or in any manner interfering with or operating upon any of the sewers or drains of the city, to ascertain at once if such person or per- sons are duly licensed to perform such work, and in the event ill person or persons not being duly licensed and having a permit, to order them to desist, under pain of arrest for a violation of this ordinance, and at once report the facts to the city engineer. (Id. §.23.) 938. Penalty for violation of ordinance by licensee — Ordi- nances repealed. — Any person licensed to make connections with sewers and drains who shall be guilty of any violation of the provisions of this ordinance shall be immediately either deprived of his license or fined, or both, at the discretion of the court before whom the action may be brought. All ordinances contravening the provisions of this ordi- nance are hereby repealed. (Id. §§ 24, 25.) 939. Connections — Written permit from engineer — Notice — Penalty. — Xo persons shall make connection with any sewer, or with any drain that connects with a sewer, without previously obtaining from the city engineer a written permit to make such connection and notifying him of the time when the connection is to he made. Any opening or connections made into or with any sewer, or into or with any drain that connects with a sewer, without such written permit, or in any manner different from that pre- scribed by the city ordinances, shall subject the person mak- ing the same, and the owner or occupier of the premises direct- ing it, to a fine of not less than ten dollars ($10) nor more than fifty dollars ($50) for each and every connection so made. it )rd. No. L656, approved Jan. 26, 1893, § 1.) 940. Equalizing cost of sewers — Assessments — Sewerage bond fund. — That, for the purpose of equalizing the cost of the construction of sewers within the City of St. Paul, the board of public works are authorized, in the making of all future assessments for the construction of sewers, to limit the same to one dollar and seventy-five cents ($l.i~>i per front foot upon all abutting property, the cost and expense of any sewer in excess of one dollar and seventy-five cents ($1.75) per front foot as aforesaid, to be paid out of the sew erage bond fund of Said city, except as otherwise ordered by common council; provided, however, that no greater sum or amount than fifteen thousand dollars ($15,000) of said sewer age bond fund shall be appropriated or expended in the con Structioh of sewers in any one ward of said city, excepl b} a two-thirds (2-3) vote of all the members elect of the common c< >uncil. (Ord. Xo. 283, approved April is. L882, in Article I.W.. Municipal Code L884, § |.i 320 SIDEWALKS. Ordinance No. 2039. I Approved April 8, 1899.) 941. An Ordinance to regulate the laying of tile and ce- ment walks in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That from and after the passage of this ordinance it shall be unlawful for any person or corporation to lay or construct sidewalks of cement, tile or cement sidewalks of any kind whatsoever along or upon the public streets or alleys of the City of St. Paul, unless the said sidewalks are con- structed and laid in accordance with the requirements for such walks in the specifications made and approved by the board of public works and on file in the office of the city engineer. 942. Sec. 2. General provisions. — It shall be unlawful for any person or corporation to construct, relay or repair tile or cement sidewalks of any kind on any of the streets in the City of St. Paul without first having applied for and received from the city engineer a permit therefor. The application for such permit shall set forth the location of the proposed walk and the material of which the same is to be constructed. The city engineer shall then issue a permit, which shall be in the same form as permits now issued by the city engineer for the con- struction, relaying or repair of sidewalks, and as provided by the ordinances of the city, save and except that it shall call specific attention to the specifications on file in the office of said city engineer, and provide that the walk shall be built, constructed, relaid or repaired strictly in accordance with said specifications, and it shall be unlawful for any person or cor- poration to relay or repair any cement, tile or other kind of composition walk, except in accordance with the terms of said permit, and as provided in said specifications, and the said city engineer may require as a condition of granting said permit that there be exhibited to him a sample of the cement and tile proposed to be used in constructing, relaying or re- 321 pairing said walk, in order to ascertain if the same complies with said specifications. All work in the nature of constructing, relaying and re- pairing such sidewalks shall be under the direction and sub- ject to the inspection of the city engineer, and only to the lines and grades given by said engineer, and if at any time during the progress of such work it shall he determined by the city engineer that the said walk is not being constructed, relaid or repaired in accordance with the terms of said permit and said specifications, said engineer thereupon is authorized, and he is hereby directed, to cause such work to be stopped and to prevent the further prosecution thereof, except in accordance with the terms of said permit and said specifica- tion. If any of such walks shall be wholly or partially con- structed, relaid or repaired in violation of this ordinance, or contrary to the terms of such permit or such specifications, the city engineer shall be authorized to at once enter the same and remove* the same from the street, and a sidewalk so wholly or partially constructed shall not prevent the common council from ordering the construction, relaying or repairing of the same, as provided in the charter! 943. Sec. 3. Penalty. — Any person violating the provisions of this ordinance shall be punished by a fine of not less than ten dollars ($10) nor more than fifty dollars ($50), or by imprisonment in the St. Paul workhouse for a period not exceeding sixty days. I. This ordinance shall take effect and be in force from and after its passage and publication. Ordinance No. 2170. i Approved February 9, L901. i 944. An Ordinance prohibiting the use of salt or salted sand upon any of the sidewalks in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : I . The ill or alted sand upon t he sidewalks within the limits of the City of St. Paul is hereb) prohibited. 322 945. Sec. 2. Penalty. — Any violation of this ordinance shall, upon conviction thereof, be punished by a fine of not less than ten dollars ($10") nor more than one hundred dol- lars ($100), or by imprisonment for not less than thirty (30) days nor more than ninety (90) days. Sec. ■">. This ordinance shall take effect and be in force fr< mi and after its passage, approval and publication. Ordinance No. 2145. ( Approved September 19, 1900.) 946. An Ordinance to protect the sidewalks within the City of St. Paul, and to prevent and prohibit the drop- ping of weights and other heavy articles upon said sidewalks, and to punish persons guilty thereof. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That from and after the passage, approval and publication of this ordinance it shall be unlawful for any per- son to drop any iron, stone or other heavy substance or mate- rial of more than five pounds in weight upon any wooden, stone or cement sidewalk within the limits of the City of St. Paul. 947. Sec. 2. General provisions. — That from and after the passage, approval and publication of this ordinance it shall be unlawful for any person to drop, or cause to fall, upon any wooden, stone or cement sidewalk within the limits of the City of St. Paul, any box, barrel, or any sort of heavy mer- chandise, while in the process of loading or unloading the same from or upon any vehicle of any description. 948. Sec. 3. Penalty. — Any person violating any of the provisions of this ordinance shall, upon conviction thereof in the municipal court of the City of St. Paul, be punished by a fine of not less than one dollar or more than five dollars, or by imprisonment for not less than five nor more than ten days. Sec. 4. This ordinance shall take effect and be in force from and after its passage, approval and publication. 949. Sec. 1. No more wooden sidewalks. — Xo person shalf hereafter build or construct any wooden sidewalks on the fol- lowing described streets between the points named, to-wit: University avenue, from Snelling avenue to west city limits. Snelling avenue, from University avenue to Great North- ern railway. Taylor avenue, from Charlotte avenue to Sheldon avenue. Hewitt avenue, from Aldine street to Hamline avenue. Wesley avenue, from Fry street to Pascal avenue. Capitol avenue, from Aldine street to Hamline avenue. Minnehaha street, from Wheeler avenue to Hamline avenue. Van Buren street, from Wheeler avenue to Fry street. Fry street, from Blair street to Hewitt avenue. Walker avenue, from Hewitt avenue to Great Northern railway. Asbury avenue, from Minnehaha street to Taylor avenue. Simpson avenue, from Blair street to Taylor avenue. Pascal avenue, from Minnehaha street to Taylor avenue. 950. Sec. 2. Permit to be refused. — The city engineer is hereby directed to refuse to issue any permit for the building, construction or relaying of any wooden sidewalk on the streets herein described, and to prevent any wooden sidewalks from being laid on said streets. I I >nl. No. -.'lit;,, approved April 6, 1900. 1 951. No more wooden sidewalks. — No person shall here- after build or construcl any wooden sidewalks on the Follow- ing named streets, between the points named, to wit: Both sides of Ohio street, between Baker and George streets; around Alice Park; wesl side of Oakdale avenue, from State to Pi eets. 952. Sec. 2. Refuse permits. — The commissioner of public works is hereby directed to refuse to issue an\ permit for the building, construction or relaying of an} wooden sidewalks <»n the streets hereinabove named and described, and to prevent any wooden sidewalks from being laid On said streets. (< >rd. v I \u-. s. 1901.) 32 I 953. Sec. 1. Same. — No person shall hereafter build, con- struct, or lay any wooden sidewalks upon any of the follow- ing streets and avenues in the City of St. Paul, to-wit : On either side of Shields street, from Fairview avenue to Wheeler avenue ; on the south side of University avenue, from Fairview to Wheeler avenue, or on either side of Beacon and Wheeler avenues from Shields to University avenue. 954. Sec. 2. Same. — The city engineer is hereby directed to refuse to issue any permit for the building, constructing, or laying of any wooden sidewalks on the streets and avenues described in section 1. 955. Sec. 3. Penalty. — Any person violating the provi- sions of this ordinance shall be punished by a fine of not less than ten dollars nor more than fifty dollars, or by imprison- ment in the St. Paul workhouse for a period not exceeding thirty days. (Ord. No. 2003, approved Aug. 20, 1898.) 956. Sec. 1. Same. — No person shall thereafter build, con- struct or lay any wooden sidewalks within the boundary of the following streets and avenues in the City of St. Paul : Commencing at the corner of Hall avenue and Prospect terrace, thence running to Winifred street, thence to Bellows street, thence to Prospect terrace to point of beginning. Pro- vided, however, that this shall not apply to the sidewalk on the north side of Isabel street, from Bellows street to Bidwell street. 957. Sec. 2. Same. — The city engineer is hereby directed to refuse to issue any permit for the building, constructing or laying of any wooden sidewalks on the streets and avenues described in section 1 hereof. • 958. Sec. 3. Same. — Any person violating the provisions of this ordinance shall be punished by a fine of not less than $10 or more than $50, or by imprisonment in the St. Paul workhouse for a period not exceeding fifty days. (Ord. No. 2060, approved July 10, 1899.) 959. Sec. 1. Same. — No w^ooden walks, or any walks ex- cept those composed of stone, tile, cement or other composi- 325 tion material of a permanent nature, shall hereafter be laid or constructed on either side of Hall avenue, from Isabel street north to the edge of the bluff. 960. Sec. 2. Same. — Any person violating this ordinance shall be subject to a fine of not less than five (5) dollars, nor more than fifty (50). dollars, or by imprisonment for a period not longer than thirty (30) days. (Ord. No. 2055, approved June 22, 1899.) 961. Sec. 1. Same. — Xo person shall hereafter build or construct any wooden sidewalks on the following described streets between the points named, to-wit : East Isabel street, between South Wabasha street and Greenwood avenue. East Congress street, between South Robert and cast side of Bancroft street. East Winifred street, between South Robert and Drown avenues. East Robie street, between State and Bancroft streets. Ada street, between Concord and Congress streets. State street, east side, between Robie and Congress streets. State street, west side, between Winifred and Congress streets. Greenwood avenue, between Robie and Isabel streets. Clinton avenue, between Concord and Isabel streets. Livingston avenue, between Isabel and Colorado streets. Midway avenue, between ' >akdale avenue and Woodbury stn i 962. Sec. 2. Same. — The city engineer is hereby directed to refuse to Issue any permit for the building, construction or relaying of any wooden sidewalks Oil the streets herein de scribed and to prevenl any wooden sidewalks from being laid ■n said streets. (< >rd. No. 3130, approved Jul) 5, L900. 1 963. Sec. 1. Same. — No person shall hereafter construd ing to the usual specifications of the city therefor, on either or [ay .in \ sidewalk excepl cemenl walks, constructed accord side of Cherokee a\emie, in tlie City of St. rani, from Baker street southerly to Belmonl 3treet, 326 964. Sec. 2. Same. — The city engineer is hereby directed not to issue any permit for the erection of any sidewalk, other than the kind above specified, on the street described in sec- tion one. 965. Sec. 2. Same. — Any person violating the provisions of this ordinance shall be punished by a fine of not less than ten (10) dollars, nor more than fifty (50) dollars, or by im- prisonment in the St. Paul workhouse for a period not exceed- ing thirty (30) days, in the discretion of the court. (Ord. Xo. 2000. approved August 5, 1898.) 966. Sec. 1. Same. — Xo person shall hereafter build or construct wooden sidewalks upon any of the streets or ave- nues included in the limits bounded by and including the fol- lowing streets and avenues, to-wit : Bounded on the north by the center of University avenue, on the east by Fairview avenue, on the south by Selby avenue, and on the west by Cleveland avenue, and any person violating the provisions of this ordinance shall be punished by a fine of not less than ten dollars ($10) nor more than fifty dollars ($50). 967. Sec. 2. Same. — The city engineer is hereby directed to refuse to issue any permit for the construction of any wooden sidewalk upon any of the streets and avenues in- cluded in the district bounded and described in section one of this ordinance. (Ord. Xo. 192S, approved May 8, 1897.) 968. Sec. 1. Same. — Xo person shall hereafter lay any wooden sidewalks within the territory bounded by nor upon the following named streets, to-wit : Commencing at the intersection of East Seventh street and Maria avenue, running thence on Maria avenue to East Third street, thence on East Third street to Maple street, thence on Maple street to Seventh street, and thence on Sev- enth street to Maria avenue. 969. Sec. 2. Same. — Any person violating the provisions of this ordinance shall be punished by a fine of not less than five dollars nor more than thirty dollars, or by imprisonment 327 in the St. Paul workhouse for a period not exceeding fifteen days. (Ord. No. 1949, approved August 9, 1897.) 970. Sec. 1. Same. — Xo person shall hereafter build or- construct any wooden sidewalks upon any of the streets or avenues included in the limits bounded on the northwest by the center line of Summit avenue and of Thirteenth street; on the northeast by the center line of Jackson street ; and on the southeast, south and southwest by the southerly line of Third street, and any person violating the provisions of this ordinance shall be punished by a fine of not less than ten dollars ($10) nor more than fifty dollars ($50). 971. Sec. 2. Same. — The city engineer is hereby directed to refuse to issue any permit for the construction of any wooden sidewalks upon any of the streets and avenues in- cluded in the district bounded and described in section one of this ordinance. (Ord. 1948, approved August 9, 1897.) 972. Sec. 1. Same. — Xo person shall hereafter lay any wooden sidewalks within the territory bounded by nor upon the following named streets, to-wit : Commencing at the intersection of the northerly line of East Seventh street with the westerly line of Maria avenue, thence southeasterly along the westerly line of Maria avenue to the southerly line of East Third street, thence northeasterly along the southerly line of East Third street to the easterly line of Maple street, thence northwesterly along the easterly line of Maple street to the northerly line of Easl Seventh et, thence southwesterly along the northerly line of Eas1 Seventh street to the place of beginning, 973. Sec. 2. Same. — Any person violating the provisions oi this ordinance shall be punished by a fine of nol less than ten dollars nor more than fifty dollars, or by imprisonmenl in the St. Paul workhouse for a period nol exceeding thirty days. k )rd. 1941, approved June 21, 1897.) 974. Sec. 1. Same. — Thai hereafter no wooden sidewalks shall be laid or constructed on Aurora avenue, from Rice streel 328 to Western avenue, in the City of St. Paul, and any person who shall lay or construct any wooden sidewalk on said Aurora avenue, between the points mentioned, shall be pun- ished, upon conviction thereof in the municipal court of the City oi St. Paul, by a fine of not less than live dollars ($5) nor more than fifty dollars ($50). (Ord. No. 1945, approved August 9, 1897.) SHOOTING GALLERIES. 975. Shooting galleries — License — Penalty. — No person shall keep, run or maintain in this city any shooting gallery, wherein such person shall permit for any reward or otherwise, an}- person to shoot with firearms, or any other projectile machine or instrument, unless such person shall first obtain a city license therefor, and every person violating the provi- sions of this section shall pay to the City of St. Paul a fine of twenty-five dollars ($25) for each and every such offense. (Ord. No. 469, approved Jan. 6, 1885, § 1.) 976. License how obtained — Price. — Any person or per- sons may obtain a license to keep or maintain a shooting gal- lery, and to permit the shooting of firearms, and other ma- chines or instruments for projecting or heaving substances, in the same manner provided for obtaining license to sell or vend spirituous liquors. Provided, that any person or persons ob- taining such license shall pay the sum of twenty-five dollars ($25) for each and every gallery so licensed as aforesaid. (Id. § 2.) SLAUGHTER AND PACKING HOUSES, CANDLE AND SOAP MANUFACTORIES. 977. Permit of council. — That no person shall kill, slaugh- ter, dress or pack any cattle, calves, sheep or swine, or estab- lish a manufactory for candles or soap, within the limits of the City of St. Paul without a permit of the city council. fOrd. approved July 1, 1858, in Article LXIX.. Municipal Code, 1884, § 1.) 320 978. Application, in writing — Published notice — Bond — Mayor and clerk to issue permit — Duration — Register of per- mits. — Any person desirous of obtaining such permit shall apply, in writing, to the common council, stating the business he is desirous to pursue, and specifying the premises whereon the same is to be conducted. He shall give one week's notice in a daily paper of this city, of his intention to apply for such, specifying the business and locality. If such application shall be granted it shall thereupon be the duty of the applicant to enter into a bond, with one or more securities, to be approved by the common council, in the penal sum of not less than one hundred dollars ($100) nor more than two thousand dol- lars ($2,000). conditioned that the said applicant will faith- fully comply with all the requisitions of this ordinance, and for the payment of all penalties which may be incurred by him for any violation thereof. And upon the execution of said bond it shall be the duty of the mayor and clerk to issue a permit to the applicant, which permit shall continue in force for the period of one (1) year from and after the date thereof, and the clerk shall keep a register of all permits which may be issued. (Id.«§ 2.) 979. Bones, offal, etc., not to fall on ground — Or remain on premises, how long — Collection and disposal of. — No per son obtaining a permit as aforesaid shall suffer any bones, offal, blood, liquor from steam tubs, or other offensive matter to fall or run upon the ground, or place, or suffer to remain on his premises as aforesaid any bones, tilth, offal, blood, or offensive matter, for a longer period than twent) tour (24) hours, from the first day of May to the first da) of November, nor more than forty-eight (48) hours during any other part of the year; but he shall collect the same, and so bury them Or Otherwise dispose of them, as nol to become a nuisance. (Id. § 3. See. also, § 519, Article XL.. Health Department.) 980. Premises to be clean — Steaming and boiling not to be offensive. — Every person who shall have obtained a permit, iforesaid, shall at all times keep his premises in a clean, healthy and inoffensive condition; and no person shall steam 330 or boil any animal substance when such steaming or boiling shall taint the air. so as to render it offensive to the inhabit- ant.- of the city. (Id. § 4). 981. Penalty. — Any person violating any provisions of this ordinance shall, on conviction thereof, be punished by a fine not exceeding one hundred dollars ($100). (Id. § 5.) SMOKE (DENSE). 982. Dense smoke — Emission of, a nuisance. — That the emission of dense smoke from the smokestack of any boat or locomotive, or from any chimney, anywhere within the City of St. Paul is hereby declared to be a nuisance ; and whoso- ever shall permit or allow the emission of dense smoke from any such smokestack or chimney shall be deemed and held guilty of creating a nuisance. (Ord. 1841, Oct. 3, 1895, § 1.) 983. Owners, etc., of boats, engines, buildings, not to per- mit issue of dense smoke. — Xo owner of any boat or locomo- tive engine, nor the person or persons employed as engineer or otherwise, in the working of the engine or engines in any boat or of any locomotive engine, nor the owner, lessee, agent or occupant of any building, nor the person or persons employed as fireman or engineer or otherwise in the working of the furnace or engine in any building, nor any person hav- ing the control of any such furnace or engine, shall permit or allow dense smoke to issue or to be emitted from the smoke stack of any boat or locomotive engine, or the chimney of any building within the corporate limits of the city of St. Paul. (As amended by Ord. 1968, approved Feb. 2, 1898. Id. § 2.) 984. Penalty. — Every person creating the nuisance speci- fied in section one (1) of this ordinance, and every person vio- lating any of the provisions of section two (2) of this ordi- nance, shall be punished by a fine of not less than twenty-five (25) nor more than one hundred (100) dollars, or by impris- onment of not less than ten (10) nor more than ninety (90) days. (Id. § 3.) 331 985. Ordinance to take effect Nov. 1, 1895. — This ordi- nance shall take effect and be in force from and after the first day of November, A. D. 1895. (As amended by Ord. 2211, approved Sept. 10, 1901. Id. § 4.) SPITTING. Ordinance No. 2225. (Approved November 20, 1901.) 986. An Ordinance prohibiting spitting upon sidewalks and upon the floors of theaters, churches and concert halls, and also to prohibit the throwing or dropping of any fruit or vegetables, Or any part thereof, thereon. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That from and after the passage, approval and publication of this ordinance it shall be unlawful for any person to spit, or expectorate, or deposit, or place any sputum, spittle saliva, phlegm, mucus or tobacco juice upon any part of any sidewalk in the City of St. Paul, or upon any part of the floors of theaters, churches or concert halls located within said city. 987. Sec. 2. Vegetable and waste matter. — That from and after the passage, approval and publication <»f this ordinance it shall be unlawful for any person to throw, drop, deposit or place upon any pan of any sidewalk in the City of St. Paul, or upon any part of the floors of theaters, churches or con cert halls located within said city. an\ fruit or vegetable mat- ter of any sorl or description, or the peel or rind of any part thereof. 988. Sec. 3. Duties of police and health officers. — It is hereby made the dut) From and after the passage, approval and publication thereof, of every officer of the police and health department of the City of St. Paul t.> apprehend and arrest any person violating the terms and provisions hereof. 989. Sec. 4. Penalty. — Any person violating the terms and provisions of this ordinance shall, upon conviction thereof, bo punished 1>\ a fine of not less than one dollar ($1) nor more than fifty dollars ($50), or by imprisonment of not less than one I 1 I nor more than sixty (60) days. 990. Sec. 5. Old ordinances repealed. — All ordinances, and parts oi ordinances, inconsistent herewith arc hereby repealed. See. (J. This ordinance shall take effect and be in force from and after its passage, approval and publication. Ordinance No. 2150. I Approved November 8, 1900.) An Ordinance to prohibit spitting upon sidewalks, and also to prohibit the throwing or dropping of any fruit or vege- tables, or any part thereof, thereon. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That from and after the passage, approval and publication of this ordinance it shall be unlawful for any per- son to spit or expectorate, or deposit, or place any sputum, spittle, saliva, phlegm, mucus or tobacco juice upon any part of any sidewalk in the City of St. Paul. 991. Sec. 2. General provision. — That from and after the passage, approval and publication of this ordinance it shall be unlawful for any person to throw, drop, deposit or place upon any part of any sidewalk in the City of St. Paul any fruit or vegetable matter of any sort or description, or the peel or rind, or any part thereof. 992. Sec. 3. Duty of officers. — It is hereby made the duty from and after the passage, approval and publication hereof of every officer of the police and health department of the City of St. Paul to apprehend and arrest any person violating the terms and provisions hereof. 993. Sec. 4. Penalty. — Any person violating the terms and provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not less than one dollar ($1) nor more than fifty dollars ($50), or by imprisonment of not less than one (1) nor more than sixty (60) days. 333 Sec. 5. This ordinance shall take effect and be in force from and after its passage, approval and publication. Ordinance No. 2029. (Approved February 23, 1899.) 994. An Ordinance to prohibit spitting upon street cars. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. No person shall spit or expectorate, or deposit, or place any sputum, spittle, saliva, phlegm or mucus upon the floor or inside furnishings or equipments, or in imy place upon the qutside, or upon any platform, of any street car, while the same is in use upon any of the streets or highways in the City of St. Paul, or in any manner defile or pollute the floor, furnishings, equipments or platform of any street car while in use upon any of the streets or highways of said city. 995. Sec. 2. Penalty. — Any person who shall violate any of the provisions of this ordinance shall be fined in the sum of not to exceed fifty dollars ($50), or, in case of default in the payment of such fine, be imprisoned not to exceed thirty days. Sec. 3. This ordinance shall take effect and be in force from and after its passage and publication. STREETS, ALLEYS, PUBLIC GROUNDS, SIDEWALKS. i See, also, Charter, | 996. Excavations, etc. — Permit — Conditions. — No person or ons, corporations, contractors or their employes, other than the board of water commissioners and the St. Paul Gas light Company, and their employes, shall make or cause any ivation to be made into, or any material to be placed upon any street, sidewalk, alley or other public grounds of the City of St. Paul, without a permil obtained from the city • which permii shall siate the character and location of the work, name of the person "i- persons to which said permil is granted, the date and the length of time for which the same was granted, which shall be only such reasonable time as will 334 Ik- necessary to complete the improvement, and shall be granted upon the condition thai the applicant will leave the street, sidewalk, alley or other public grounds at the expira- tion of said permit, in as good condition as when the permit was -ranted, and that he will at all times keep the place prop- erly guarded by day and lighted by night, so as to prevent accidents, and will save the city harmless from any and all suits, damages, costs and charges that may accrue from the applicant's nse of said street, sidewalk, alley or other public grounds. Such permit shall he kept at the location men- tioned therein, during the progress of the work, and must, on demand, be shown to any police officer of the said city. (Ord. No. 436, approved Aug. 19, 1884, in Art. LXXVII. r Municipal Code of lSSd, § 1. See Danger Signals, and Building Code.) 997. Same — Application for permit, state what. — AH applications for permits shall state the character and loca- tion of the work, and the time required to complete the same, and that the applicant will in every particular conform to all the provisions of this and all other ordinances of the city in regard to streets, allevs and public grounds. fid. § 2.) 998. Same — Fee for permit — Refilling, how done — Re- paving. — Before the city engineer shall grant any permit to excavate in any paved street he shall require the applicant to pay the sum of five dollars ($5) to reimburse the city for the expense of superintending the proper refilling of said excava- tion. After any excavation shall have been made in any paved street, the party so excavating, before and when ready to re- fill said excavation or trench, shall notify the city engineer, whose duty it shall be, without delay, to send some compe- tent person to superintend the refilling of the trench, and the person to whom the permit has been issued must cause the earth, in refilling the trench, to be laid in layers not more than six inches in depth, and each layer wetted and- rammed, to prevent after settlement, and relay the pavement in a good and substantial manner, to the satisfaction of the city engi- neer, i Id. § 3.) 335 999. Same — Without permit — Duty of police — Excep- tion. — It shall be the duty of any police officer to arrest any person or persons found excavating or placing any material upon any street, sidewalk, alley or other public ground, un- less said party exhibit the permit required by this ordinance, except the Board of Water Commissioners and the St. Paul Gas Light Company and their employes. (Id. §4.) ' 1000. Same — City engineer to keep record — Copy for chief of police. — It shall be the duty of the city engineer to keep a record of all licenses issued under this ordinance, and to transmit a copy of any license issued to the chief of police. ( 1,1. §5.) 1001. Same — By board of water commissioners or St. Paul Gas Light Company — Notice to city engineer and dia- gram. — That whenever it may become necessary for the Board of Water Commissioners of the City of St. Paul, or the St. Paul Gas Light Company to excavate upon any public street, alley or public ground, for the purpose of laying any water or gas pipe, or to make house connections or repairs, such Board of Water Commissioners or Gas Light Company shall, within twenty-four (24) hours after entering upon such street or alley, or public ground, notify the city engi- neer in writing, of such excavation and for what purpose, with an exact diagram of the proposed work, and of its loca- tion a^ to Street, alley or public ground. (Id. §6.) 1002. Same — Same — Must leave street, etc., in condition. — And it is hereby made the duty of the said Board of Water Commissioners and Gas Lighl Company, whenever thej shall have entered upon any public street, alle\ or public -round, for the purpose of laying water or gas pipes, making con nections or repairs, to leave said public street, .• 1 1 1 < ■ \ or public ground in like condition as either of the same nia\ have been before having been entered upon and excavated l>\ said Board of Water Commissioners or Gas Lighl Company. (Id. §7.) 336 1003. Same — Same — Failure to put street, etc., in con- dition — Duty of city engineer. — Whenever the said Board of Water Cornmissioners or Gas Light Company shall neglect oi fail to place any street, alley or public ground, iii the same condition as they were before being interfered with, or exca- vated, by the said Hoard of Water Commissioners or Gas Light Company, it is hereby made the duty of the city engi- neer to cause a notice to be served upon the said Board of Water Commissioners, or Gas Light Company, to place that part of any street, alley or public ground, in good repair with- in twenty-four (24) hours after the service of said notice, and in case of the failure of the said Board of Water Com- missioners, or Gas Light Company, to place said street, alley or public ground, in repair, it is hereby made the duty of the City Engineer, forthwith, after the expiration of said time hereinbefore named, to cause the same to be placed in good repair, charging to the said Board of Water Commis- sioners, or Gas Light Company, as the case may be, double the cost of making said repair, and shall file the bill for the same with the City Comptroller, who shall deduct the same out of any money due, or to become due, the said Board of Water Commissioners or Gas Light Company, as the case may be, from the City of St. Paul ; but the said Engineer shall, within twenty-four (24) hours after such repairing is made, file a bill with said Board of Water Commissioners or Gas Light Companv, as the case may be. (Id. § 8.) 1004. Same — Same — Streets paved with wood, macadam- ized or surfaced with gravel — Duty of board or gas company — Duty of City Engineer. — In case of streets paved with wood, resting on planks or boards, or macadamized streets, or streets surfaced with gravel, which shall be entered upon and exca- vated by the Board of Water Commissioners, or Gas Light Company, it shall be the duty of said Board of Water Com- missioners, or Gas Light Company, to refill the trench or excavation, either by tamping or puddling, or both, as the case may be, so as to render it as near the same condition it was before the making of the excavation, and when this is done, and the foundation plank of the pavement relaid, or ready for the macadamizing material, or surfacing" material, it shall be the duty of the City Engineer to have the same repaired in a good, workmanlike manner, the cost of which paving or repairing shall be paid by the Board of Water Com- missioners, or Gas Light Company, bills for the same to be fded with the Comptroller and deducted out of any money which may be due. or to become due, from the City to the Board of Water Commissioners or Gas Light Company ; but said Engineer shall, within twenty-four (24) hours after making such repairs, file a notice thereof of its exact location and cost with said Board of Water Commissioners, or Gas Light Company, as the case may be. (Id. § 9.) 1005. Same — Same — Settling after refilling — Repaying — Duty of City Engineer. — In the refilling of any trench or excavation upon the paved streets by the Board of Water Commissioners or Gas Light Company, if the same shall be done in such manner as to settle, causing it necessary to relay or replace the paving the second time, then it shall be the duly of the City Engineer to notify the Board of Water Commissioners, or Gas Light Company, as the case may 1k\ uch settling, and the City Engineer shall, without delay, have said paving retaken up and relaid properly, charging the Board of Water Commissioners or the Gas Light Com- pany double the COSl of such relaying and repairing. Bills thereof shall be filed with the Comptroller, and deducted oul of the first money <\uc from the city to the said Board of Water Commissioners, or Gas Light Company, as the ease lie; but said engineer shall file with said Board or Gas Lighl Company like notice, within similar time, as specified in the lasl preceding section of this ordinance. fid. § Ki.i 1006. Same — Same — Penalty for failure to serve notice on City Engineer — Duty of City Engineer and Comptroller. — If the Board of Water Commissioners or Gas Lighl Company shall fail or neglect to serve upon the City Engineer the notice provided for in section seven (7) of this ordinance, within the time therein named, it -hall be the dut) ol City Engineer to reporl tin- fad to the City Comptroller, 338 shall thereupon retain the sum of twenty-five dollars ($25) out of any money due. or to become due, from the City of St. Paul to said Board of Water Commissioners or Gas Light Company, as a penalty for such failure. (id. §110 1007. Same — Penalty for violation of ordinance. — Any per- son or persons violating any of the provisions of this ordi- nance, or neglecting or refusing to comply with any of the conditions of any license which has been issued to him or them, shall, on conviction, forfeit and pay a fine of not less than twenty dollars ($20) nor more than one hundred dol- lars ($100). (Id. § 12.) 1008. Board of Water Commissioners and St. Paul Gas Light Company — Main pipes, how laid. — That the said Board of Water Commissioners and the said Gas Light Company shall hereafter la}- their main pipes on opposite sides of the streets of the city, at a distance of not less than twelve (12) feet from the center on such streets as are not less than sixty (60) feet in width, and not less than eight (8) feet from the center on such streets as are less than sixty (60) feet in width. Said Board of Water Commissioners shall lay its mains on the northerly and westerly sides of all streets, and said Gas Company shall lay its mains on the southerly and easterly sides of all streets. ( Id. § 13, added by Ord. No. 453, approved Oct. 11, 1884, § 1.) 1009. Blasting, quarrying — Permit — Restrictions — Penalty. — It shall not be lawful for any person, firm, corporation, or others, to dig, excavate or quarry rock, by blasting or other- wise, within or upon any of the streets, alleys, highways or other property belonging to the City of St. Paul, or in or upon any private property within the corporate limits of St. Paul, except by and upon a permit, in writing, first had and obtained from the Mayor of said City, and then only under the following restrictions, viz.: The person, firm, corpora- tion and others shall prevent all stone from being projected out of and beyond the immediate vicinity where the same is being dug. excavated or quarried, upon property adjacent thereto, or to the annoyance or disturbance of persons resid- ing or being in the neighborhood where such work is being done and prosecuted. Each blast, before being fired, shall be covered with such covering as will effectually prevent any and all stone being thrown or. projected upon adjacent prop- erty or streets, except upon such part or portion of said property or street as the owner or occupant thereof, or the Mayor, may give a permit in writing, to be used for that purpose. All places where any such digging, excavating or quarrying is being done, in or upon any of the streets, alleys, highways or other property belonging to the city, must and shall be protected and guarded, in the manner following: B3 suitable guards by day. and by lights at night, if necessary, and such as will prevent accidents of every kind. Any per- son, or others, violating this section in any particular, shall be liable to a penalty of not less than ten dollars ($10) or more than fifty dollars ($50). (Ord. No. 217, approved Aug. 8, 1880, in Article I, XX VI. Municipal Code 1884, § 1. See, also, Danger Signals.) 1010. Sidewalk construction — City Engineer and Board of Public Works direct. — All sidewalks which may be ordered by the Common Council shall be constructed under the super- intendence of the City Engineer, and to the satisfaction of the Board of Public Works, and shall be constructed of such materials and of such widths, and 011 such line and grade as the Board of Public Works shall in each particular case determine. of \]>nl :;. is;;, i,, Article LXVII1. Municipal Code, I SSI. § L) 1011. Same — Board of Public Works may establish side- walk grade — Penalty, construction without or contrary to grade. — Whenever any sidewalk -hall he ordered by the Com- mon Council upon any street when- a grade ma) not have hem established, the Board of Public Work- ma) establish a sidewalk grade until a permanent grade shall he established b\ the Common Council. If an) person shall build, or assist in building, any sidewalk where no grade has ),. . n 1 tablished without first obtaining a grade thei im th< Board oi Public Work-, or contran to any grade which ma) be obti 340 from said board, or shall build, or assist in building, any side- walk contrar} to any grade which may be established by the Common Council, or contrary to any of the provisions of this section, such person shall be liable to a fine of ten dollars ($10) for every day he shall fail to remove or reconstruct the same, after notice by the Board of Public Works to move i 'i- reconstruct the same. (Id. § 2.) 1012. Same — Repeal. — Ordinance [entitled] "Sidewalk reg- ulations," approved June 5, L872, is hereby repealed. (Id. § 3.) 1013. Same — University avenue — Wooden Sidewalks pro- hibited — Permission — Penalty. — That it is hereby declared to be unlawful and a misdemeanor for any person, hrm, company or corporation to lay a wooden sidewalk at any point or place on University avenue between Rice street and Dale street, without first obtaining permission of the Common Council so to do. and any person, firm, company or corporation who shall violate any of the provisions of this ordinance shall, upon con- viction thereof, be fined in a sum of not less than twenty-five i 25) or more than one hundred dollars ($100). (Ord. No. 1332, approved May 20-, 1890, § 1,) 1014. Obstructions. — Xo person shall encumber or obstruct any sidewalk, lane, alley, public ground, public landing, wharf or pier, or other public place, by placing thereon or therein any building materials, carriages, carts, wagons, sleighs, boxes, lumber, firewood, posts, awnings or any other materials or substance whatever. K )rd. Xo. 438, approved Aug. L9, 1884, in Article LXXVIII, Municipal Code 1SS4, § 1.) 1015. Throwing or depositing dirt, paper, filth, etc. — Xo person shall throw or deposit, or permit to be thrown or de- posited, any dirt, paper or filth, the sweepings of any house, store or shop, or office, or any ashes, shavings, filthy water, offal, straw, wood, stones, earth, manure or rubbish of any kind, on or into any street, sidewalk, lane, alley or public ground of the city. (Id. §2.) 3 1 1 1016. Digging or removing stone, earth, etc. — No person shall dig, remove or carry away, or cause the same to be done, any stone, earth, sand or gravel from any street, lane, alley or public ground within the City of St. Paul. (Id. § 3.) 1017. Wagon, etc., being repaired, etc. — Stand, how long. — No person shall suffer any carriage, wagon, cart, sleigh or sled, for the purpose of being repaired, or for any other pur- pose, to remain or stand in any street or lane, for more than one hour. ( Id. § 4.) 1018. Throwing stones, etc., shooting arrows, coasting — Penalty. — That it shall not be lawful for any hoy or person to throw stones or other missiles on any street, lane or alley within the limits of the city. That it shall not be lawful for any boy or person to shoot arrows or coast with sleds on any of the public streets. Any boy or person violating the provisions of this ordin- ance shall be punished by a fine of not less than five dollars ($5) nor more than ten dollars ($10), or by imprisonment in the workhouse for a period not exceeding ten (10) days, (Ord. approved Oct. 7, L869, in Article LXXXI, Municipal Code. L884, §§ 1. '!. 3.) 1019. Sliding and coursing, — No person shall slide or course, upon hand sleds, skates or any other manner, in or upon any sidewalk, street, lane, alley or public ground in said city. (Ord. No. 1:38, approved Aug. L9, L884, in Article I.X.W 111. Municipal Code 1 ss | , § 5.) 1020. Drains, ditches, bridges, across streets, etc. — Injur- ing or obstructing. — No person shall make any drain, ditch or bridge across any street, lane, alley or public ground in city, so as to injure the same or obstrucl its passage. i Id. § 6.) 1021. Buildings on. — No person shall build, or place any building, in whole or in part, upon an} street, alley, sidewalk or other public ground within the Cit} of St. Paul. (Id. §7.) 1022. Goods or merchandise on sidewalk beyond front line ot lot. — No person or persons shall place, or suffer to be placed, upon any sidewalk in the City of St. Paul, any goods, wares, or merchandise, for sale or show, beyond the front line of the lot where such goods may be so exposed. (Id. § 8 1023. Depositing rubbish, wood or other obstruction on sidewalk or crossing. — No person shall pile, deposit or place, or cause or permit to be deposited, piled or placed, any rub- lush, wood, coal or merchandise, dirt, impediment or obstruc- tion of any kind, upon or over any sidewalk or crossing in said city, nor to occupy or obstruct any sidewalk or crossing, so as to interfere with the convenient use of the same by all passengers. (Id. §9.) 1024. Receiving or delivering goods on sidewalk — Clear passageway — Goods may remain, how long. — No person or persons receiving or delivering goods, wares or merchandise, in the City of St. Paul, shall place or keep upon, or suffer to be placed or kept upon, any sidewalk, any goods, wares or merchandise which he or they may be receiving or delivering, without leaving a passageway clear upon such sidewalk where such goods may be. of four (4) feet wide, for the use of foot passengers; and no person or persons receiving or delivering such goods shall suffer the same to be or remain on such sidewalk (subject, nevertheless, to the foregoing restrictions) for a longer period than twenty-four (24) hours. (Id. § 10.) 1025. Sales at public auction — Duty of police relative to obstructions. — Xo person or persons shall sell or attempt to sell, or shall cry for sale at public auction, in the City of St. Paul, any goods, chattels or personal property whatever, to any person or persons, upon the sidewalks or streets within the said city, so as to collect a crowd upon the said sidewalks and streets, whereby the free passage thereof to any person or persons is prevented or hindered. This section shall in- clude licensed auctioneers of the city. And it is hereby made the express duty of the chief of police, and all police officers ■ > 1.1 of said city, to cause the strict observance of this and all other ordinances relative to the obstruction of sidewalks and streets within said city. (Id. § 11.) 1026. Driving, etc., horse, cart, etc., across sidewalk, pave- ment or curb, unless suitable crossing — Crossing to be fur- nished by owner or occupant and kept in repair. — Ni > persi >n or persons shall push or draw, back or drive, or ride, any horse, carriage, cart, sleigh or other vehicle, or anydiorse, mule, cow or other animal, over or across any sidewalk, pavement or curb, into any house, building, lot or other enclosure, unless such sidewalk, pavement or curb has a suitable plank, brick or stone crossing, or means of access; which crossing or means of access shall be furnished and kept in repair by the owner or occupant of such house, building, lot or enclosure, at all times, to the satisfaction of the street inspector. (Id. § 12.) 1027. Driving animal, cart, etc., on sidewalk except at regu- lar crossings — Penalty. — That it shall hereafter be unlawful for any person to ride or drive any animal, cart, wagon or ear riage along or across any public sidewalk within the limits of the City of St. Paul, Ramsey County, Minnesota, except across sidewalks where regular crossings are provided for thai pur ]>' >se. Any person violating any of the provisions "i" this ordi nance shall upon conviction thereof be subject to a line of nol 1' -- than five dollar^ ($5) nor more than twenty-five dollars 5). ' >rd. No. L606, approved July L9, L892, §§ l. 2.) 1028. Horses not to be fastened so as to form obstacle — Crossing and crosswalks to be free except in cases of neces- sity. — \'o person shall, ;it an) time, fasten any horse or horses ii' such a way that the horse, vehicle, reins or lines shall he an obstacle to the free u>r of the sidewalk or crossing; and all crossings and crosswalks in said city shall he kept and re- served, free from :ni\ sleighs, wagons, carts, or carriages, and horse- or other animals, being placed or suffered to stand thereon, except so far as m;i\ be necessar} for the same. (Ord. No. 138, approved Aug. L9, 1884, in Article LXXVIII, Municipal Code 1884, § 13.) 1029. Snow, ice — Occupant or owner to clear sidewalk. — The occupant oi each and every tenement or building in the City of St. Paul fronting upon any street the sidewalk of which is plank, stone or brick, and the owner of any unoccupied lot fronting as aforesaid, shall clear the sidewalk in front of such tenement, building or unoccupied lot, as the case may he. of snow and ice, by ten (10) o'clock in the forenoon of each day, and cause the same to be kept clear of snow and ice. (Id. § 14.) 1030. Window, area, steps, etc., projecting into sidewa)k — Consent of council. — No person shall build or suffer to remain, any bow or other window, projecting into the sidewalk more than fifteen (15) inches, nor any cellar door projecting into the sidewalk more than five (5) feet; nor any porch, stoop, steps or area, more than two ( 2 ) feet. (Id. §15.) X' > person shall build or suffer to remain any how or other window, cellar door, porch, stoop, steps or area projecting into the sidewalk, without first having obtained the consent of the Common Council. (See Ord. Xo. 543. approved July 21, 1885, § 1.) 1031. Cellar doors and gratings not to be above sidewalk — Fastenings. — Xo person shall allow any cellar door or grating to rise above the surface of the sidewalk, nor allow any fasten- ing to remain on the upper side thereof. (Ord. Xo. 438. approved Aug. l'.t. 1884, in Article LXXYIII, Municipal Code 1884. § 16.) 1032. Areas and stairs to be fenced. — Every person shall keep around every area, between the building and sidewalk, and on both sides of every flight of stairs descending from the sidewalk to the basement, owned or occupied by him, an iron or wooden fence, at least three (3) feet high. (Id. §17.) 1033. Sewers and ditches — Not to be filled up or obstruct- ed. — Xo person shall fill up, dam. or otherwise obstruct the 345 free course of the water, in any of the ditches, or sewers within the limits of the City of St. Paul. (Id. § 18.) 1034. Penalty. — Any person violating any provision of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding fifty dollars ($50). (Id. § I'.', i 1035. Fast driving and racing — Rate of speed — Excep- tions. — Jt is hereby made a misdemeanor for any person to run or race or immoderately ride or drive any horse or horses, mare, gelding or mule, or for any person to ride or drive or cause to be ridden or driven any horse, mare, gelding or mule, faster than at the rate of five (5) miles per hour, on, along or through any street, alley or highway, or over or upon any pub- lic grounds, squares or other public property or place within the limits of the City of St. Paul, or for any person to ride or drive any or either of the animals aforesaid over, across or upon any street, crossing or cross-walk at any point or place within the limits of the City of St. Paul at a faster rate of speed than a walk. Provided, that the provisions of this ordinance shall not apply on any day other than Sunday to the south side of Summit avenue boulevard from Fairvfew avenue to the Mississippi river. (Ord. approved Oct. 7, 1869, in Article PX. Municipal Code 1884, § 1 as amended by Ord. No. 799, approved July 21, 1887, § P as amended by < >rd. No. 2072, approved Sept. 20, 1899, § 1.) 1036. Horses, etc., not to be driven so as to incommode or endanger persons — Crowded streets, processions; horse, etc., may be removed. — No person shall ride or drive an\ horse or horses or other animals in such a manner as to endanger or unreasonably incommode any person, and when an) street, or lane, or other public place, is crowded with teams, wagons, or other vehicles, or through which any civic, militarj or funeral procession is passing, any persbn having charge of any h team, wagon or other vehicle, shall obey an order for thi 346 al of such horse, team, wagon or other vehicle, given by the mayor, chief of police or any police officer, (Ord. approved Oct. ^. 1869, in Article LX, .Municipal Code 1884, § 2. I 1037. Omnibus or stage not to pass other omnibus or stage, when. — No driver of any omnibus or stage shall pass or at- tempt to pass any other omnibus or stage going in the same direction, while the same is moving at the rate of five (5) miles per hour. (Id. §3.) 1038. Horse, etc., not to stand on street, etc., unless fast- ened, or unless reins under control. — No person shall leave any horse or horses, whether attached or unattached to any car- riage, wagon, cab or other vehicle, standing on any street, lane, alley or public grounds in said city, unless the same be secure- ly fastened or the reins be in his hands or within his reach. (Id. §4.) 1039. Horse, etc., not to be tied to lamp post. — No person shall tie. hitch or fasten any horse, horses, oxen, mules or other animals, to any lamp post within the limits of the City of St. Paul. (Id. §5.) 1040. Horse, etc., not to be driven through funeral, military or civic procession. — Xo person shall drive any horse or car- riage or vehicle of any kind through any funeral, military or civic procession. (Id. §6.) 1041. Penalty. — Any person violating any provision of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding fiftv dollars ($50). (Id. §7.) 1042. Team standing must be fastened or held. — That it shall not hereafter be lawful for any teamster, or driver, or owner, or any person or. persons having in charge any team attached to any vehicle, within the City of St. Paul, to leave the same standing in or along any public street in said city, without being securely hitched or fastened, Or without being held by some one securely. (Ord. approved June 10, 1870, in Article LXXIX. .Municipal Code of 1884, § 1.) 1043. Horse, etc. running away — Penalty — Police to seize hcrse, etc., not tied or held, and to arrest offender. — If any horse or horses attached to any wagon, cart, dray, buggy, car- riage, hack, omnibus or other vehicle of any kind, runs away on any street, alley or public ground, wharf, depot, or landing in said city, not being tied, hitched, held or fastened, or by reason of any neglect, omission, or failure to comply with the provision.^ of the first section of this ordinance, or by reason of any carelessness of the driver, teamster, owner, or other person or persons having the same in charge, they shall he sub- ject to a fine not less than ten dollars ($10), nor more than one hundred dollars ($100), and it is hereby made the express duty of every police officer or other person having the powers of a policeman or police officer, to seize and take any horse or horses attached to any vehicle on the street or streets, or any of the plates above named, the same not being tied, hitched, fastened, held, or secured in the ways above provided, and cause the driver, teamster, owner, or person having the same in charge, to be arrested, and to appear and prosecute such of- fender before the judge of the municipal court. (Id. §2.) 1044. Ordinance not to apply to drays, etc., while loading or unloading — Proviso — Penalty for violating ordinance. — 'I lie provisions of this ordinance, shall not he construed to ap- ply to drays, truck--, carts or wagons, while loading or unload- ing any goods, wares or merchandise, on the steamboal levee or on the public street; provided, the drayman, teamster or 'ii in charge thereof, stays near by and within reach of his team, promptly to control said team. \nv person or persons violating any of the provisions of this ordinance shall he sub- ject to a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100), upon conviction before the judge of the municipal c< >nrt. (Id. §3.) 1045. Teams pass to right — Failure to comply, damage — Penalty — s passing d any pul - .t in tl.e city s — right ii - - whore it is | ss any person or pers s s Of y willful failure to comply here -- than rive r more than twenty-five - $21 :pon conviction before the ]u Ig 1046. Vacation of street or alley — Fee. — '.tereafter,. be- fore the city clerk s any street or alley by the Common Council, the party pet/ [J for s vacu: a the City Treasury the st rs $V. i same bein^ - st of s tion. - ; 588, No 1 L88S : ' STREET CARS. Sec lis Misdemean rs Ordinance No. 2425. ■ Approved see bel<:- 1C47 An Ordinance making it a misdemeanor to ride, or attempt to ride, upon the outside of any street car. or to hold on to the same, while riding a wheel or motor-cycle. The Common Council of the Citj I Si Pari! io ordain as follow? : 1. Any pc"- sons who shall ride .-tempt to ride, upon the out- street car wit' the City of St. Paul, or any person who. while riding wheel or motor-cycle, shall take b t any s the limit- - t S Paul for the pnr - -iing on to such car while riding such bicycle, wheel or mot —-: shall be gnill sdem lOifl Sec. 2. Penalty. — Any person or pers s -<-ting any of the pr - s of s nance shall, upon cot thereof . be punished by a fine not exec g - .ven- ire dollars - . " 349 Sec. '■'>. This ordinance shall take effect and be in force from and after its passage and publication. The above ordinance having been sent to the Mayor Jan. 11, 1004, and returned without his signature Jan. 19, L904, is in full force and effect under the provisions of the City Charter. STREET AND SEWER FORCE— PAYMENT OF. (But see chapter 6, Special Laws of Minnesota 1891, and also city charter. | 1049. Street inspectors to report pay rolls to city engineer, etc. — That immediately after the end of each month the street and sewer inspectors of the several districts of said city shall report their respective pay rolls to the city engineer, which, if approved by him, shall he transmitted to the hoard of public works for its approval, and when by it approved shall be forth- with transmitted to the city comptroller, who shall audit the same and immediately transmit the same to the city treasurer, who shall forthwith proceed to pay the amounts due thereon uch time and place and in such a manner as can best be done to suit the convenience of those interested. I >r<\. No. 810, approved Aug. 2, 1887, § L.) 1050. Pay every two weeks — Checks. — Any one empl upon the .street force shall obtain his pay at the end of two weeks, on the first and third Monday in each month, and shall ive a certificate or check therefor for the amount due him. This check shall be numbered and paid by the treasurer and attached to the pay roll at the . (Id. §2.) 1056. Vigilant watch to be kept for children, person, teams, etc. — Bell to strike, when — Unlawful to hinder car after bell strikes. — No pe"rson having the control of the speed of a streel railway tar passing in a street shall fail to keep a vigilant watch for all teams, carriages and persons, especially children, nor shall such person fail to strike a hell several times in quick succession on approaching arn team, carriage or per- son, and no person shall, after such striking of a bell, hinder or delay the passage of the car. (Id. § 3.) 1057. Car to stop on appearance of danger, etc. — Xo per- son having the control of the speed of a street railway car passing in a street shall, on the appearance of danger to any team, carriage or person, from or on the appearance of any obstruction to his car, fail to stop the car on the shortest time and space possible. (Id. § 4.) 1058. Gravel, sand, salt, etc., not to be allowed by street railway company to accumulate and remain in street — To be removed. — Xo street railway company, or any person in the employ of a street railway company, shall allow gravel, or sand, or salt, or other material, to accumulate and remain in any street, and any street railway company shall remove any gravel, sand, salt or material used by it from such street. (Id. §5.) 1059. Penalty. — Any street railway company or persons violating any of the provisions of this ordinance shall be pun- ished by a hue of not less than ten dollars ($10) nor more than fifty dollars ($50) for each offense. (Id. §6.) 1030. Salt, sand, lime, salted ice not to be transferred from tracks, etc., to bridge or street within one block of bridge — To be removed and not dumped on any street or bridge. — Xo person, firm or corporation shall shovel or transfer from any street car tracks, or the pavements within three ( ."> ) feet of said tracks, any sand or salt, or salted sand, or lime, or salted ice. that may have been placed upon said tracks for any pur- pose, or may have accumulated thereon by any means, to any part of any bridge or to any part of any street within one (1) block of any bridge within the City of St. Paul, and all such sand, salt, salted sand, lime and ice shall be, upon order of the city engineer, removed from said tracks upon any such bridge, or within one (1) block thereof, and shall not be placed or dumped upon any street or bridge within the City of St. Paul. (Ord. No. 1720. approved Dec. 14, 1893. I 1061. Penalty. — Any violation of this ordinance shall be punished by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100). or by imprison- ment in the city workhouse for not less than five (5) nor more than twenty (20) days. 1062. Salt, sand, salted ice not to be thrown on bridges by St. Paul City Railway Company — To be removed and not dumped on any bridge or street. — That the St. Paul City Railway Company be, and the same is herein - prohibited from shoveling or throwing back onto the bridges within the City of St. Paul that are crossed by the tracks of the St. Paul City Railway Company any sand or salt or salted sand or ice that shall have accumulated on said tracks from the placing of sand or salt thereon to prevent the slipping of the cars ; that all such sand or salt or salted sand or ice shall be removed from the bridge by the St. Paul City Railway Company, and shall not be placed or dumped upon any bridge or street within the City of St. Paul. K )rd. 1644, Nov. 15, 1892.) 1063. Penalty. — That any violation of this ordinance shad be punished by a fine of not less than twenty-five dollars ($25 I nor more than one hundred dollars ($100). THEATERS, SHOWS, CARAVANS, CIRCUSES, CON- CERTS. 1034. License — Penalty — Offenders to be arrested — Pro- viso as to opera house, etc. — It shall not be lawful For an} per son or persons to make or exhibit any show or shows, cara- vans or circuses, or perform any plays, games, concerts, theat- rical or oiber performances or exhibitions whatever, or other curiosities, for which pay or compensation of any kind shall be required, demanded or received, without having been pre viously licensed so to do b) authority of the common council ol the City of St. Paul, and every person or persons offending nsl the provisions of this ordinance shall forfeit and pa) a fine not exceeding one hundred dollars ($100) for ever) of fense, and it shall be the dut) of the chief of police, and of the police officers of the City of St. Paul, in ever) case where the provisions of this ordinance shall be violated or nol complied 35 I with, i" arrest the person or persons offending against the same and bring him or them before the judge of the muni- cipal court, te> answer to any alleged offense in any such case; provided, however, that the common council may, by resolu- tion, adopted by a two-thirds vote of all members elect, from time to time, authorize such sum as they may deem proper to be received as an annual license from the opera house, or any other hall devoted exclusively to public exhibitions, in full for all license due from any exhibition,, show, theatrical per- formance, concert, etc., etc., exhibiting in said opera house or public hall during the time said license may be in force. (Ord. approved Oct. 9, 1869, in Article LXVIL, in Municipal Code 1884, § 1, as amended by Ord. approved April 12, 18T5. § 1. See, also, Licenses.) 1065. Applications for license, to mayor, council or clerk — License — Proviso. — It shall be the duty of every such per- son who may be desirous of exhibiting any natural or other curiosities or shows, or to perform any games or theatrical exhibitions, or other games, shows or other exhibitions what- ever, for which any money or pay, or any compensation whatever, shall be required or received, to make application to the mayor or common council of the City of St. Paul, or to the clerk, for a license, and the said license may be granted by the mayor, common council, or by the city clerk, for any concert or theatrical exhibition. The city authorities may grant a license in the manner above provided to exhibit any show or shows, caravan 'or circus, to^wit : Provided, whenever any person or persons are desirous of exhibiting any show or performance aforesaid before the meeting of the common council, the mayor or city clerk may grant such license until the next meeting of the common council, upon the payment to the city treasurer of the sum aforesaid; and no such license shall be granted or issued until the money is paid therefor to the city treasurer, and his receipt for the same presented to the city clerk. (Ord. approved Oct. 9, 1869, in Article LXVIL, Municipal Code 1884, § 2, as amended by Ord. approved May 6, 1874, § 1, and Ord. No. 242, approved June 21, 1881. § 1. See, also, Licenses.) Ordinance No. 2511. (Approved April 2d-, 1905.) 1066. An Ordinance fixing the amount of certain license fees in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That hereafter all circuses exhibiting in the City of St. Paul, ami charging fifty cents or more admission fee, shall pay for the first day's performance or exhibition a license fee of five hundred dollars ($500), and for each suc- ceeding day the sum of two hundred dollars ($200). All circuses charging less than fifty cents, and not less than twenty-five cents admission, shall pay a license fee for the first day's exhibition or performance the sum of three hundred dollars ($300). and for each succeeding day the sum of one hundred dollars ($100). All traveling menageries shall, for the first day's exhibition, pay a license fee of two hundred dollars ("$200), and for each succeeding day the sum of fifty dollars i $50). All merry-go-rounds shall pay a license fee or part of twelve dollars ($12) for each week, or part of a week during the time they are maintained and operated. All shooting galleries shall pay a license fee of fifty dollars ($50). All theaters shall pay a license fee of one hundred dollars ($100). 1067. Sec. 2. Old Ordinances repealed in part. — Except as changed and modified by this ordinance, all existing ordi- nances of said city relating to the matters mentioned in section ruic (1) of this ordinance shall remain and continue in full force and effect. 3. This ordinance shall take erred and be in force from .and after ii- passage, approval and publication. 356 TRADING STAMPS. Ordinance No. 2438. (Approved April s. L904.) 1068. An Ordinance to prohibit the sale, delivery, or use, of any trading stamps, coupons, tickets, or other similar devices, in the City of St. Paul, without a license so to do. Whereas, The use of trading stamps, coupons and other similar devices, lias resulted in fraud and imposition upon the merchants and citizens of the City of St. Paul, and is a detriment to legitimate trade and commerce in said city, and is a constant source of expense to said city in furnishing police protection against such fraud and imposition : there- fore. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That hereafter it shall be unlawful for any per- son, firm or corporation to engage in or pursue the avoca- tion or business enterprise of selling, delivering, or giving away, within the City of St. Paul, any trading stamps, coupons, tickets, or other similar devices to merchants or other persons engaged in business, with promise or assur- ance expressed or implied, that he or any person, company or corporation, will give or deliver to any person presenting such stamps, coupons, tickets or devices, any money, goods, wares or merchandise therefor, or any redemption thereof, without first procuring a license so to do. 1069. Sec. 2. License. — Any person, firm or corporation may procure a license for the purpose set forth in section one (1) of this ordinance, upon payment to the City Treas- urer of the sum of three hundred dollars (S.'iOO) for one year's license, which license shall run for one year from the date of its issuance, and no license shall be issued for a longer or shorter period than one year. Such license shall be issued by the City Clerk upon depositing with him the voucher of the City Treasurer showing the payment of said license fee. 1070. Sec. 3. Unlawful to sell. — It shall be unlawful for any person, firm or corporation to offer any such trading stamp, coupon, ticket, or other similar device mentioned in section one ( 1 ) of this ordinance, for the purpose of adver- tising or inducing trade, within the City of St. Paul, with- out first procuring a license so to do. 1071. Sec. 4. How procured. — Any person; firm or cor- poration may procure a license for the purposes set forth in section three (3) of this ordinance, upon payment to the City Treasurer of the sum of one hundred dollars ($100) for one year's license, which license shall begin upon the date of it- issuance, and no license shall he isstied for a longer or shorter period than one year. Such license shall he issued by the City Clerk upon presentation to him of a voucher from the City Treasurer, showing the payment of such license +ee. 1072. Sec. 5. Penalty. — Any person, firm or corporation who shall violate any of the provisions of this ordinance shall he guilty of a misdemeanor, and, upon conviction thereof, shall he punished by a tine of not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense. -Sec. nt of the premises occupied by them on Third street, at the corner of Sibley street, an elevated platform 60 feet in h ngth, the highest point of which shall not extend higher than 23 inches from the level of said sidewalk, and said platform to have tapering ends. Said platform to be erected under the direction of the City Engineer, subject to the order of the Common Council of the City of St. Paul at any time directing the removal of same. 1100. Sec. '!. This ordinance shall be in force from and after its passage and publication, and upon the filing by the said J. II. Allen & Company with the City Clerk of. a bond in the penal sum of five thousand dollars ($5,000), in ;i form to be approved by the Corporation Attorney, condi- tioned to save the City of St. Paul harmless from any and all damages which may arise from the construction or main- tenance of said elevated platform. AMERICAN CAN COMPANY. Ordinance No. 2250. i Approved January ->2, 1902.) 1101. An Ordinance extending the provisions of Ordi- nance 1401, granting unto the Home & Danz Company permission to use a portion of the levee in the Sixth ward for manufacturing purposes. Whereas, under the provisions of Ordinance No. 1401, approved Sept. 2, 1890, the Home & Danz Company, a cor- ::; l poration, was granted the right to use and occupy, for the period of ten years from the date of passage of said ordi- nance, for manufacturing purposes in the line of the busi- ness of said company, a portion of the levee in the Sixth ward, described and designated as lot rive (5), in block num- ber three (3), of Bazille and Roberts' Addition to West St. Paul, and to erect thereon certain buildings for the use of its said business ; and Whereas, said company, pursuant to said permission, entered upon said land and erected certain buildings and made extensions and improvements thereon, and has recently transferred its plant and business to the American Can Company, and said last named company has applied for a renewal and extension of the right to use said lot in connection with said manufacturing business; Now, therefore, the Common Council of the City of St. Paul do ordain as f< 'Hows : 1102. Sec. 1. That permission and authority is hereby granted unto the American Can Company, as the successor of the Home & Danz Company, to use and occupy that portion of the levee in the Sixth ward of the City of St. Paul, known as lot numbered five I 5 ) . in block numbered three (3), in Bazille and Roberts' Addition to West St. Paul, for the full period of fourteen (14) years from and after the date of the passage of this ordinance, for - manufacturing purposes in the line of business in which said company is now engaged, and -during said period to maintain upon said premises all buildings now located and used thereon by said company as a pari of its manufacturing plain. 1103. Sec 2. The authority and privilege hereb) granted is made subjeel to all the terms and conditions contained aid Ordinance 1401, hereinabove referred to, and upon the express condition thai said American Can Company, during the fourteen years' term above mentioned, shall eon tinue to operate the plant now used and operated b) h in said City of St. Paul, including the premises hen ited, and shall keep said planl in con tanl operation, and shall a1 all times employ in its said busini .dueled b\ it 372 upon the premises hereb) granted, and the premises now occupied by said company contiguous to it, not less than fifty i 50) men. 1104. Sec. 3. Said American Can Company, as compen- sation and rental For the privileges hereby granted, shall pay to the City of St. Paul, an annual rental of one dollar ($1), payable annually in advance, i"or and during the herein specified term, and said American Can Company shall for- ever indemnify and save harmless the City of St. Paul against all damages, costs and expenses which said city may suffer, or which may be recovered or obtained from it by reason of, or in any way resulting from, the exercise by said corn- pan}" of the privileges hereby granted ; it being understood, however, that the City of St. Paul does not guarantee or warrant that it has authority to grant any of the rights hereby conferred. 1105. Sec. 4. If said American Can Company shall fail at any time for the period of thirty (30) days to keep said manufacturing plant in operation, and to conduct its manu- facturing business substantially as now conducted, or if said company at any time for a period of ninety (90) days shall fail to employ in its said manufacturing business at least fifty (50) men, as hereinabove provided, then the rights and privileges granted hereunder shall determine, and the City of St. Paul, by resolution of its Common Council, shall have the right to revoke all privileges hereby granted. 1108. Sec. 5. None of the rights conferred by this ordi- nance shall be transferred to any other person, company or corporation, unless and until the consent of the Common. Council of said city to such transfer shall be first obtained. 1107. Sec. 6. The American Can Company, the grantee herein, within thirty (30) days after passage and publication of this ordinance shall file in the office of the City Clerk its written acceptance thereof, the same to be in such form as shall be approved by the Corporation Attorney, otherwise this ordinance shall be of no force or effect. Sec. 7. This ordinance shall take effect and be in force from and after its passage, publication and acceptance, as herein provided. 373 AMERICAN DISTRICT STEAM COMPANY. Ordinance No. 2457. (Approved June 5, 190-1.) 1108. An Ordinance granting to the American District Steam Company, its successors and 'assigns, the right, privilege and authority to occupy and use certain of the streets and alleys of the City of St. Paul, for the purpose of conducting and con- veying steam to consumers. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That, subject to all the conditions, terms, limi- tations, reservations and requirements hereinafter contained, there is hereby granted to the American District Steam Company, of Lockport, New York, a corporation organized under the laws of the State of New York (hereinafter called the grantee), its successors and assigns, for the period of twenty-five years from the date of the passage of this ordi- nance, the right, privilege and authority to enter upon, use and occupy the streets and alleys included in that part of the City of St. Paul bounded and described as follows, to wit: Commencing at the point where Eagle street, produced, would intersect the Mississippi river; thence on Eagle street to West Third street; thence on West Third street to Col avenue; thence on College avenue to Cedar street; thence on Cedar street to Ninth street; thence on Ninth street to llroadway street; thence on Broadwaj streel to where said Broadway street, if produced, would interseel the Mississippi river; thence on the northerly shore of the Mississippi river to the place of beginning; to construct, maintain and operate, in and under said streets and alleys within the districl above described, a system of pipes, with all necessary appurtenances, For carrying on the busine eying steam to consumers, and to reenter upon said streets and alleys from time to time as may be nece »ar) for the maintenance, operation, repair, exten ion and re newal of said system, or any portion thereol Ii09. Sec. V. Said grantee, its successors and assigns, shall, within six months from the date of the passage of this ordinance, commence the work of laying its pipes within the district above described, and within the period of one year from the passage of this ordinance, shall lay and install its main pipes, so as to supply steam for use to all property and buildings that may desire the use thereof, on both sides ^\ Third street, from Sibley to Robert street; on both sides v\ Fourth street, from Rosabel to Cedar street; on both sides of Fifth street, from Rosabel to Cedar street; on both sides of Sixth street, from Wacouta street to Cedar street ; on both sides of Seventh street, from Broadway to Wabasha street ; on both sides of Jackson street, from Third street to Seventh street ; on both sides of Robert street, from Third street to Seventh street, or in the same amount on such other streets within the district described in Section 1, as the grantee may select, and shall, within the same time, construct a modern, central steam heating" plant, fully equipped and ready for operation, of sufficient capacity and dimensions to supply the necessary steam for heating- the buildings on either side of the streets last above described. Said grantee shall, from time to time, make extensions of its main pipes, in addition to the foregoing" requirements, within the territory described in Section 1 hereof, upon or along any of the streets or alleys herein, whenever a peti- tion is presented to it so to do, signed by owners or tenants of buildings, wherein and whereby said petitioners agree to purchase, for a period of three years, a steam supply suffi- cient to .heat not less than one thousand (1,000) cubic feet of space for each lineal foot of street main necessary to be installed (exclusive of street crossings I to supply said service, but the grantee shall furnish steam to such petitioners at all times during the life of such contracts at the regular cur- rent prices the same as to other customers. All service pipes in the streets or alleys, for the purpose of installing and fur- nishing service, shall be provided and laid at the expense of the grantee. 1110. Sec. 3. Said grantee shall at all times during the life of this franchise furnish and supply steam to all cus- :'m 5 tomers and applicants without discrimination, at uniform reasonable rates, the amount consumed to be ascertained by meter measurements. Said grantee shall at all times during the term of this franchise use and exert every reasonable effort to constantly maintain, run and operate its entire plant, and all enlarge- ments and extensions thereof. 1111. See. -i. The authority, rights and permission here- by granted are subject to the following' terms, restrictions and conditions: 1." All excavations in any street or alley shall be made subject to the general ordinances of the City of St. Paul, now or hereafter in force, in relation to street excavations. 2. Before any openings shall be made- by said grantee its successors or assigns, in any of the streets, alleys or public grounds of the City of St. Paul, they shall first file with the Commissioner of Public Works, a plat showing the locations in which it is proposed to construct the under- ground mains and appurtenances thereto, in which they shall fully set forth the character of the construction, number, dimensions and locations of all pipes and manholes, and before proceeding with any such work they shall first obtain a permit therefor from the Commissioner of Public Works, and before- granting any Mich permit said Commissioner of Public Works shall designate the space to be occupied by said grantee, provided that available space exists in any Mich r alle\ . 3. Said grantee, its successors and assigns, shall repair and replace, in as good a condition as they weic before, with like material, the surface of any and all Streets and alleys of the city where any excavations are made for an) purpose hereunder; and shall repair and replace the same forthwith after completing such work, and in case the grantee shall ivate in any paved streel or alley, it shall be required to nol onrj replace the foundation and surface of the pave iiT. Said grantee, its successors and assigns. are hereby granted permission to make necessary connec- tion-, with the sewer system of said city for the purpose of disposing of any drainage water; provided, however, that such connections, and work done in connection therewith, shall be in conformity with the rules governing other sewer connections, after the same is approved by the Commissioner of Public Works, and a permit therefor issued by him; it being understood, however, that no steam connection what- ever shall be made with the sewefs. Said grantee shall, whenever it makes excavations in any street, alley or public grounds of the city, or sewer eon nections, in addition to replacing and repairing the streets and alky-, as hereinbefore required, pay the cosl of an inspector to inspect and oversee Mich repairs, ami the making Lich sewer connections, such inspector to be designated and appointed l>\ the Commissioner of Public \\ orks. 1113. Sec. 6. Tin- rights, privileges and authorit} hereby grained shall be held and exercised l>\ the grantee, its suc- and a signs, subjeel to all the conditions and limi- tation- contained in the Charter of the City of St. Paul, including the filing of the statements provided for in Sec tion 21 of Chapter IV of 3aid Charter, and the paymenl of 378 a license fee of five per com. of the gross earnings of said company, derived or accruing From the exercise and enjoy- ment of said rights, privileges and authority, as in said Charter provided. 1114. Sec. >. Said city also reserves the right, in case il shall at any time during the life of the franchise hereby granted construct or operate any system of conduits, tun- nels, or subways, for general accommodation, in or under any street Or streets of the said city, along or under which the grantee has laid its pipes, to order and require said grantee, its successors and assigns, at their own expense, to remove and relocate any or all of its pipes along or under any such >treet or streets, to and in such tunnels, conduits or subways, provided by the city, and the city shall have the right to charge said grantee and receive from it a rea- sonable rental and compensation, to be fixed and prescribed by the Common Council, for the use thereof, upon provid- ing reasonable space therein for the same, and the said grantee shall promptly obey and execute all orders and directions in that behalf given by the Common Council, pro- vided that no interruption of their service to consumers shall be involved. 1115. Sec. 8. Said grantee, its successors and assigns, before exercising any of the rights, privileges or authority conferred by this ordinance, shall execute and deliver to said city a good and sufficient bond in the penal sum of twenty- five thousand ($25,000) dollars, in such form as shall be approved by the Corporation Attorney, and with surety or sureties thereon to be approved by the Mayor of said city, conditioned for the faithful performance by said grantee, it'- successors and assigns, of all the obligations and condi- tions imposed upon it by the terms of this ordinance ; pro- vided, however, the Common Council of the city may at any time, by resolution, release the said bond or reduce the penal sum thereof, if satisfied that the same is no longer neces- sary for the adequate protection of the city. 1116. Sec. 9. In the event that said grantee, its suc- cessors or assigns, shall at any time fail to comply with, 379 or in case of a breach by it of any of the terms, provisions, conditions or limitations contained in or provided for in this ordinance, all rights and privileges hereby granted shall be forthwith terminated and become forfeited to said city. 1117. Sec. 10. Said grantee, its successors and assigns, shall at all times be and remain separate and apart from, and entirely independent of. any and all competing com- panies, corporations and individuals that may hereafter be engaged in a similar business in said city, and shall not in any manner consolidate or pool its stock, business or ter- ritory with any thereof, neither shall said grantee, its suc- sors or assign>. ever acquire, own, make use of, or in any manner exercise any of the rights, privileges or franchises or use. own, control or operate any of the property, works, plants or appliances of any such other company, corporation or individual. No sale, assignment, transfer, lease or other disposition of an}- of the rights, privileges or franchises hereby granted shall ever be made without the consent of the Common Council first had and obtained: provided, however, that said grantee may, if it so elects, organize a .Minnesota corpora- tion for tin- purpose of taking over the property and fran- chises hereby granted, provided that such corporation so organized shall take the same subject to all the provisions, requirements and limitations herein contained, and the formal transfer thereof by said grantee to Mich corporation shall be in form to be approved by the Corporation Attorney ami the Common Council, and shall be tiled with the Comptroller of said city, and such Minnesota corporation shall affirma- tively agree to abide by ami perform all of the terms, re quirements hereof, ami when so transferred -'ill rights of the nt grantee hereunder shall cease. 1118. See. ll. Said grantee shall, within ninety days after the passage, approval and publication of this ordinance, file with the Comptroller of said city, it > written acceptance thereof, in form to be approved l>\ the Corporation Attorney, and therein shall agree to abide by, keep and perform" all the terms, limitations, conditions and provisions of this ordi :;mi nance, and within the same time, said grantee shall file in the office of the City Comptroller the bond hereinbefore pro- vided for, properly executed and approved as herein required. 1119. See. 12. This ordinance shall lake effect and be in force from and after its passage, approval, publication and acceptance as herein provided, and upon filing' the bond as hereinbefore required. SAME. Ordinance No. 2513. (Approved May 22, 1905.) 1120. An Ordinance amending Ordinance No. 2457, of the General Ordinances of the City of St. Paul, entitled "An Ordinance granting to the American District Steam Company, its successors and assigns, the right, privilege and authority to occupy and use certain of the streets and alleys of the City of St. Paul, for the purpose of conducting and convey- ing steam to consumers," approved June 8, 1904. The Common Council of the City of St. Paul do ordain as follows : 1121. Sec. 1. That Section two (2), of Ordinance No. 2457, entitled "An Ordinance granting to the American Dis- trict Steam Company, its successors and assigns, the right, privilege and authority to occupy and use certain of the streets and alleys of the City of St. Paul for the purpose of conducting and conveying steam to consumers," approved June 8, 1904, shall be and the same is hereby amended by striking out the words "within a period of one year from the passage of this ordinance," as the same occur in Section two (2), and inserting therein in lieu thereof the following: "On or before the first day of^December, A. D. 1905." 1122. Sec. 2. Before this amendment shall be of any force or effect, the said American District Steam Company, and the surety company bonding the said American District Steam Company under the terms of Ordinance No. 2457, shall file their written acceptance of the terms hereof with the City Comptroller of the City of St. Paul. -•'.81 1123. Sec. •">. This ordinance shall take effect and be in force from and after its passage,- approval, publication and .acceptance, as herein provided. - SAME. Ordinance No. 2524. (Approved June 24, 1905.) 1124. An Ordinance authorizing the construction and maintenance of a railway spur track on Market street, by the American District Steam Company. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Authority and permission are hereby granted to the American District Steam Company, its successors and assigns, to erect and maintain a railway spur-track on and across .Market street, near the intersection of said Market street with Spring street, in the City of St. Paul, and to operate freight cars thereon for the purpose of receiving and dis- charging merchandise; said track to be laid and maintained at a point designated by the Commissioner of Public Works, and to be in-tailed to his satisfaction and approval. This per- mission, however, is granted upon and expressly subject to the following conditions, to-wit: One- .Said American Dis- trict Steam Company shall save the Cit} of St. Paul harmless from any and all damages, claims, costs, judgments and ex- penses whatsoever, in any way arising out of the construc- tion, maintenance, operation or removal of said track. Two — ■ Thai said track shall be taken up and removed from said et, and the street restored to its original condition when- ever the Common Council shall so order. 2, This ordinance shall take eflfeel and be in force from and after its passage, approval and publication. Resolution of the Common Council. I approved Sept. I I. L905. 1 1125-1126. Resolved, Thai the transfer by the American Districl Steam Compan) of all its rights, privileges, franchises ami property, under Ordinance No, 2457, of the Cit} of Si. 182 Paul, to the Northern Manufacturing Company, and the ac- ceptance of said transfer by the Northern Manufacturing Company, together with the bond of said Northern Manu- facturing Company,, to the City of St. I'aul, in the penal sum {525,000, executed under and pursuant to said Ordinance No. 2457, as submitted by the Corporation Attorney, all of said instruments bearing date July n the east by a line parallel with and in feet west of the eastern line of South Robert street ; on the west by the western line of South Robert street : on the south by a line drawn parallel with and 50 feet northerly from the south boundary line of the levee, where said line crosses South Robert street, and on the north by the stone bridge pier which lies nearest to the line constituting the northern boundary line of lots one. two, three, four and five, of block two, of Bazille and Roberts' Addition, all of said property being in the City of St. Paul and County of Ramsey. This grant and permission is made by and in behalf of the City of St. Paul, upon the express terms and conditions hereinafter set forth: 383 First — Said grantee, its successors or assigns, shall pay to the City of St. Paul as a portion of the compensation and rental for the privileges hereby granted, and for the privi- leges heretofore granted to the same company, named as grantees herein upon said levee, the sum of $1 per annum, payable annually in advance for and during the time herein- above specified. Second — Said grantee shall erect upon said premises and maintain thereon a building covering at least four-fifths of the area of the property above described; the walls of said build- ing to be constructed of stone and brick, or both ; the roof of composition of timber, pitch, and other materials commonly used in making composition roofing; the floors of wood, and the foundation to be at least four feet below the levee grade, and resting on footing stone without piling, and the height of the walls of the building not to exceed twenty feet above the established grade of said levee, and otherwise to be con Structed under the supervision and direction of the building inspector of the City of St. Paul; provided, that no chimneys nor smoke stack shall be used in or upon said building. Third The grantee herein named, its successors or as signs, shall complete said building above specified within twelve months from the time of the passage of this ordinance, and before the expiration of the term of this lease said build- ing shall be removed from said premises by said grantee, its successors and assigns, and in case of failure to remove said buildings within said time, the same, or such part thereof as may thereafter remain on said premises, shall become the propert) of the City of St. Paul, Fourth Said grantee shall and will Forever indemnify and save harmless the City of St. Paul againsl any and all damages, judgments, claims, costs and expenses, which said city may suffer, or which may bi red or obtained from or by reason of. or growing oul of. or resulting from the pas- of this ordinance, of tin- performance or transaction "f any matter or thing connected therewith, or mentioned there in. or with the exercise by said grantee of the privi reby e rani ed, :;si Fifth — Said grantee shall, during the continuation of this lease employ during each year, in and about the work on said levee, a number of men which shall average at least fifty for each working day in said lease. 1128. Sec. 2. All the piling, fiprapping and filling neces- sary to be done on said land above described shall be let to contractors who are residents of the City of St. Paul, and shall be performed by persons and laborers residing in the City of St. Paul, and all brick or stone used in the construction of said work shall be of St. Paul manufacture, or quarried in said city. 1129. Sec. 3. This ordinance shall not be considered or construed in any manner guaranteeing or warranting any of the rights hereby granted, or the title of the land herein above described, and said property shall be held and occupied sub- ject to all grants or leases thereof heretofore made. 1130. Sec. 4. If said grantee, its successors or assigns, shall fail in any respect to comply with the provisions of this ordinance, then all the rights and privileges herein granted shall immediately be forfeited to the City of St. Paul, and this grant and lease be thereby terminated and forfeited. 1131. Sec. 5. All buildings placed on said land, as herein provided, shall be deemed personalty for purpose of taxation, and said grantee agrees for itself, its successors and assigns, to pay all taxes which may be levied or assessed on said build- ings, and in case said grantee, its successors and assigns, shall allow said taxes to remain unpaid until the date of the tax sale thereon all the rights and privileges hereby granted shall revert to the city, and this lease shall thereupon ter- minate. 1132. Sec. <>. This lease shall be subject to assignment only upon permission previously granted by the Common Council of the City of St. Paul, and any assignment hereof either by law or by agreement of the parties without the con- sent of the Common Council of the City of St. Paul shall work a forfeiture of this lease. 385 1133. Sec. T. Said grantee shall file with the City Clerk of the City of St. Paul, within sixty days after the passage and publication of this ordinance, its written acceptance of the provisions thereof, and its agreement to perform all the terms thereof, the same to be approved by the Corporation Att< irney. 1134. Sec. 8. This ordinance shall take effect and he in force from and after its passage, publication and acceptance. as pr< >\ided herein. SAME. Ordinance No. 1846. I Approved ( >ct. 25, 1895.) . li 35. An Ordinance granting unto the American Hoist and Derrick Company permission to occupy and use a portion of the levee in the Sixth (6) ward, in the City of St. Paul. The Common Council of the City of St. Paul do ordain as foil ws : See. 1. That there is hereby given and granted unto the American Hoist and Derrick Company, a corporation created and organized under the laws of the State of Minnesota, its successors and assigns (which, for convenience hereafter, is called herein -aid "-ranter." or said "company"), permission and authority to use and occupy for the fnll period oi twentj five (25J years from the date of the passage ol this ordinance, For the purpose of manufacturing machinery, nes, boilers, and articles composed and manufactured wholly or in part of wood or metal, that portion "t the levee in the Sixth nil ward, in the City of Si. Paul, included in the bounded as follow-, to-wit: On the north by a line drawn parallel with and two hundred (200) feel north of the north boundary line of I."'- one (1), two (2), three (3), four (4) and five (5), Block two (2), of Bazille and Roberts' Ad- dition: on the easl b) ;i line parallel with and twent) seven westerlj from the center line of Roberl streel bridge, uch line is fixed b) the pier? of said bridge; on the wesl [86 by 1 1 iil»cit street, and on the south 1>y a line drawn parallel with and fift} (50) feel northerly from the south boundary line of the levee. Also the piece of ground bounded as fol- lows: On the oast by a line parallel with and ten (10) feet west of the eastern line of South Robert street; on the west by the western line of South Robert street; on the south by a line drawn parallel with and fifty (50) feet northerly from the south boundary line of the levee where said line crosses South Robert street, and on the north by the stone bridge pier which lies nearest to the line constituting the northern boundary line of lots one (1), two (2), three (3), four (4) and the (5), of block two (2), Bazille and Roberts' Addi- tion; all of said property being in the City of St. Paul and County of Ramsey. This grant and permission is made by and in behalf of the City of St. Paul upon the express terms and conditions hereinafter set forth : First — Said grantee, its successors or assigns, shall pay to the City of St. Paul, as compensation and rental for the privileges hereby granted, the sum of one dollar ($1) per annum, payable annually in advance, for and during the time hereinabove specified. Second — Said grantee shall, on or before January first I 1 I, 1898, erect upon said tract of land, in addition to the buildings already erected thereon, a building measuring on the ground plan not less than seventy-five (75) feet by one hundred ( 100) feet, and costing not less than ten thousand dollars (SlO.nuin, and from time to time during the life of this lease such other buildings and improvements as it may desire to erect on said premises for its business operations. All new buildings shall be made of brick, stone, terra cotta, steel, or a combination of any of these materials; the roof shall be of wood, covered with pitch and gravel or iron. The floor shall be of wood. The same shall be built upon the plans approved by the build- ing inspector of said city, upon obtaining the proper permit therefor. Any building now erected or to be erected upon said premises shall be used for manufacturing purposes above set forth, and in connection therewith ; provided, however, that the chimney and smoke stacks, if any there be erected, to be used in said buildings, shall extend at least twenty-five feet above the grade of the street above specified, South" Robert street excepted; and provided that the Common Coun- cil of the City of St. Paul may. by special resolution, permit the erection by said grantee of building of a different char- acter and material than those set forth above. The found- ation of said buildings to be made in accordance with plans satisfactory to the Building Inspector of said city, and re- gardless of the ordinance covering usual foundations for build- ings. Third — Before the expiration of the term of this lease said buildings shall be removed from said premises by said grantee, its successors or assigns, and in case of failure to remove said buildings within said time the same, or such part thereof as may thereafter remain on said premises, shall become the property of said City of St. Paul. Fourth — Said grantee shall and will forever indemnify and save harmless the City of St. Paul against any and all damages, judgments, claims, costs, and expenses of same, which said city may suffer, or which may be recovered or obtained from or by reason, or growing out of, or resulting from the passage of this ordinance, or of the performance or transaction of any matter or thing connected therewith, or mentioned therein, or with the exercise by said grantee of the privileges hereby granted herein. Fifth — The City of St. Paul reserves the righl to order tin- removal of any buildings whenever in the opinion of the Common Council it shall deem [\ try to do so in order to repair South Roberl street, or the present bridge erected in said street, or any other bridge that may hereafter be erected in said street. (Ordinance No. I s m. passed October 22, 1895, Sec. L.) 1136. Sec. 2. Tin- -aid American Hoist a nd Derrick Can pany shall, during the continuance of thi continuously prosecute it- manufacturing business, and if. during the term of this lease, said ronipanv. il- ors or assigns, shall fail for any successive thirty (30) days to conducl said iii.iiiii facturing business as afore aid, then said city has the i and option, by resolution, upon thirty I : '> 11 > days written notice to said ■■■ of its intention so to do, to cancel and termi 388 nate said lease, provided thai failure to prosecute said busi- as aforesaid caused by flood or damages by fire, or the elements, or strikes, shall not be taken as a part of said thirty i 30) days. (Id. §2.) 1137.* Sec. 3. All the piling, riprapping and filling neces- sary to be done on the land above described shall be let to St. Paul contractors, or be performed by persons and laborers residing in the City of St. Paul, and all brick or stone used in the construction of any of the said buildings constructed <>n said premises shall be of St. Paul manufacture, or quarried in said city. 1138. Sec. 4. This ordinance shall not be considered or construed as in any manner guaranteeing or warranting any of the rights hereby granted, or the title of the land herein described. 1139. Sec. -~>. If -aid grantee, its successors or assigns, shall fail to comply with any of the provisions of this ordi- nance, then said city has the right and option, upon giving thirty i 30) days written notice to said grantee of its inten- tion so t( i do. to terminate and forfeit this lease ; provided, that in case this lease is forfeited by said city, or otherwise for any reason, then said grantee shall have the right, during the six (6) months next following such forfeiture, to remove its machinery, property and improvements from said premises. 1140. Sec. G. All buildings placed on said land as herein provided -hall be deemed personalty for purposes of taxation, and said grantee agrees for itself, its successors and assigns, to pay all taxes which may be levied or assessed on said buildings: and in case said grantee, its successors or assigns, shall allow said taxes to remain unpaid until the date of the t;:.\ sale therefor, all the rights and privileges hereby granted shall revert to the city, and this lease shall thereupon terminate. 1141. Sec. ', . An}- buildings said grantee may erect on -aid premises may be so erected as to have a business en- trance and passageway to and from and upon Robert street 389 bridge : said business entrance or passageway, when erected, to be according to the plans approved by the city engineer of said city. 1142. Sec. 8. In the event at any time during the last year of this lease, or during the last year of said twenty-five (25) years, said company, its successors or assigns, is still using said premises in the prosecution of a business of the character herein named, and has placed on said premises improvements then reasonably worth not less than twenty thousand ($20,000) dollars, then said company, its successors or assigns, has the right and option to have an extension of this lease, and the rights and privileges herein specified, for an additional twenty-five (25) years, by giving said city or its successors, at any time during its last year, written notice of its election to have this lease so extended, said lease so ex- tended or continued to be governed by all the terms, condi lions and stipulations applicable to said first twenty-five (25) years. 1143. Sec. !». Said grantee shall file with the city clerk, within sixty (60) days after the passage and publication of this ordinance, its written acceptance of the provisions thei and it-- agreement to perform all the terms thereof, the same to be approved by the corporation attorney. 1144. Sec. 1<>. This ordinance shall take effect and be in force From and after the passage, publication, and accept- ance thereof, as provided herein. :;:k i SAME. Ordinance No. 1924. (Approved May 6, 1897.) 1145. An Ordinance to amend Ordinance No. 1846, enti- tled "An Ordinance granting unto the American Hoist and Derrick Company permission to occupy and use a portion of the levee in the Sixth (6) ward, in the City of St. Paul," approved October 25, 1895. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That Section one (1), of Ordinance' No. 1846, entitled "An Ordinance granting unto the American Hoist and Derrick Company permission to occupy and use a por- tion of the levee in the Sixth (6) ward, in the City of St. Paul," approved October 25, 1895, be and the same is hereby amended so that the second subdivision of the express terms and conditions of said ordinance, as set forth in said Section one (1), shall read as follows: "Second — Said grantee shall, on or before January first (1 i. eighteen hundred and ninety-nine (1899), erect upOn said tract of land, in addition to the buildings already erected thereon, a building measuring on the ground plan not less than seventy-five i 75) feet by one hundred (100) feet, and costing not less than ten thousand dollars ($10,000), and from time to time during the life of this lease such other buildings and improvements as it may desire to erect on said premises for its business operations. All new buildings shall be made of brick, stone, terra cotta, steel, or a combination of any of these materials ; the roof shall be of wood, covered with pitch and gravel or iron. The floors shall be of wood. The same shall be built upon the plans approved by the Building In- spector of said city upon obtaining the proper permit there- for. Any building now erected or to be erected upon said premises shall be used for manufacturing purposes above set forth, and in connection therewith: provided, however, that the chimneys and smoke stacks, if any there be erected, to be used in said buildings, shall extend at least twenty-five 391 feet above the grade of South Robert street, and pro- vided that the Common Council of the City of St. Paul may, hy special resolution, permit the erection by said grantee of buildings of a different character and material than those set forth above. The foundation of said buildings to be made in accordance with plans satisfactory to the building inspector of said city, and regardless of the ordinance covering the usual foundations for buildings." 1146. Sec. 2. That section three (3) of said ordinance is hereby amended so as to read as follows : "Sec. 3. All the piling, riprapping and filling necessary to be done on the land above described shall be let to St. Paul contractors, or be performed by persons and laborers residing in the City of St. Paul, and all the brick used in the construction of any of the said buildings constructed on said premises shall be of St. Paul manufacture." Sec. 3. In consideration of the passage of this ordinance it is understood and agreed that the American Hoist and Der- rick Company will construct the foundation for the buildings described in this ordinance, and in said Ordinance No. 1846, during the summer of 1897. Sec. 4. In case the American Hoist and Derrick Com- pany shall fail to comply with any of the provisions of said Ordinance No. 1846, as the same is amended by this ordi- nance, and of this ordinance, both such ordinances shall be null and void, and all rights acquired by the same shall revert to the City of St. Paul. Sec. 5. Said grantee shall file with the city clerk, within sixty (60) days after the passage and publication of this ordi nance, it- written acceptance of the provisions hereof, and its agree'menl to perform all the terms hereof, such acceptance to he approved by the corporation attorney. Sec. 6. This ordinance shall take effeel and In- in force from and after its passage, publication ami acceptance, as h< reinbefore pr< >vided. (See Ordinance No. 2245, approved Januar} 9, 1902, trans- ferring all tin- rights and privileges granted unto I. ami llotV in the American Hoist and Derrick l 3!) a SAME. Ordinance No. 2245. i Appn >ved January 9, 1902. ) 1147. An Ordinance authorizing the transfer of their rights on the West side levee by Lee & Hoff to the Ameri- can Hoist and Derrick Company. Whereas, Heretofore and in and by the terms of Ordin- ance No. L442, approved December 3, 1890, as the same has Ik en subsequently amended, extended and confirmed by < )rdi- nance No. L544, approved October 22, 1891, Ordinance No. L911, approved February 19, 1897, and ( Jrdinance No. 2019, ap- proved November 2, 1898, permission and authority have been given and granted unto Lee & Hoff, a corporation, to use and occupy lot numbered one (1), in block numbered three (3), of Baziile & Roberts' Addition to West St. Paul, and the l.'nd between it and the Mississippi river, in the prosecution of a manufacturing enterprise ; and Whereas, One of the conditions under which said permis- sion and authority were granted was that "no rights acquired under this ordinance shall be transferred to anv other person, company or corporation unless the consent of the Common Council shall be first obtained," and Whereas. There has also been heretofore granted to the American Hoist and Derrick Company, a corporation, in. un- der and by the terms of Ordinance Xo. 1342, approved May 21. 1890, Ordinance Xo. 1547, approved October 22, 1891, Or- dinance Xo. 1786, approved December 8, 1804, Ordinance Xo. 1846, approved October 25, 1895", and Ordinance X"o. 1924, ap- proved May 6, 1897, the right to use and occupy for manufac- turing purposes certain other portions of the so-called levee on the West side, described as follows, to-wit : Lots one (1), two (2). three (•'!), four (4). and five (5), in block numbered two (2), of Baziile and Roberts' Addition to AYest St. Paul; and Whereas, The above named" Lee & Hoff Corporation is desirous of transferring its privileges and its right to the use and occupation of the aforesaid lot numbered one (1). in block numbered three (3), of Baziile and Roberts' Addition to West 393 St. Paul, and the said land adjacent thereto, a portion of said levee, to the said American Hoist & Derrick Company, a cor- poration, and has entered into an agreement in writing to that end, under date of January 6, 1902, a copy of which said agree- ment lias been duly hied with the City Clerk. Now, therefore, The Common Council of the City of St. Paul do ( >nlain as follows : 1148. Sec. 1. That Lee & Hoff, a corporation, he ami they are hereby authorized so to transfer to the American Hoist & Derrick company above named any and all rights, permission, authority and privilege to use and occupy that portion ^i the levee and land in the Sixth ward, in the City of St. Paul, hereinbefore referred to, and described as follows: Lot num- bered one (1). in Block numbered three (3), of Bazille & Roberts' Addition to West St. Paul, and also the piece or par- cel of land lying between said lot one i 1 I and the Mississippi river, 1149. Sec. 2. That any and all rights, privileges, or author- ity acquired by said American Hoist & Derrick Company by or through such transfer and this approval thereof shall be and they are hereby taken subject to all the terms and conditions of the ordinances hereinbefore recited granting the same to and conferring the same upon said Lee & Hoff, and further Subject to any and all terms and conditions imposed upon or connected with the rights, privileges and authorit) heretofore granted to said American Hoist & Derrick Company directly by the ordinances hereinabove recited. Sec. 3. This ordinance shall take effect and he in force from and after its passage, approval and publication. THE AMERICAN MANUFACTURING CO. Ordinance No. 1342. i Approved Ma) 21, L890. i 1150. An Ordinance granting the American Manufactur- ing Co. privilege to grade a portion of the levee in the Sixth (6) ward and erect a building on same. The Common Council of the Cit) of St. Paul do ordain: See. 1. That permission and authorit) is hereb) given and granted to the American Manufacturing Com pan) to 394 grade and occupy for ten (10) years for manufacturing pur- - thai portion of the levee in the Sixth (6) ward of said city as follows: All of lots one (1), two ( " J ) , three (3), four (4) and five (5); block two (2), Bazille and Roberts' ad- dition, not included within the strip fifty (50) feet wide lying north and running parallel with the south boundary line of the levee. 1151. See. 2. That permission and authority is hereby given and granted to the American Manufacturing Company to move their foundry buildings now located on the southerly part of Lot three (3), Block two (2), Bazille and Robert's addition, in a northerly direction, and to be located on the piece of land described in Sec. 1. Also, that said American Manufacturing Company be allowed to increase the size of said building, making" the building when enlarged sixty b) one hundred and fifty (60x150) long. Construction of the building to be the same as the one to be moved, which is a one story building with gravel roof, said building to be built under the directions and according to the instructions of the building inspector of said city. 1152. Sec. 3. This ordinance shall not take effect or be in force until the American Manufacturing Co. expressly agree and bind themselves by bond under seal, with two sure- ties approved by the city attorney, in consideration of the passage of this ordinance to remove said building at the ex- piration of ten (10) years and to indemnify the said city of St. Paul against any losses or damages caused by their occupancy to said land. • Sec. 4. This ordinance shall be in force and effect from and after its publication and acceptance by said company. 395 SAME. Ordinance No. 1495. (Approved April 25, 1891.) 1153. An Ordinance granting the American Manufacturing Company privilege to erect a building on the levee cf the Sixth (6) ward. The Common Council of the City of St. Paul do ordain: Sec. 1. Permission and authority is hereby given and granted t'o the American Manufacturing Company to erect on Lots three (3), four I h. and five (5) of Block two (2) Ra- zille and Robert's addition. City of St. Paul, the same being a portion of the levee in the Sixth (6) ward, the use of said land being granted to the American Manufacturing Co. by Ordi- nance number Thirteen Hundred and Fort}' Two (1342) to erect on said ground a one-story frame foundry building Fifty by ( )ne Hundred and Ten (50x110) with an ell Forty by One Hundred I tOxlOO) two (2) stories high. Roof to-be of com- position and walls to be of wood, terra cotta and brick. Foundations to be of timber, piles and posts. Said building to be built under the direction and according to the instruc- tion- of tlie building inspector of said city. And also to re- move the one Ml story frame building now Standing on Water street to and upon the above described premises. Sec. 2. This ordinance shall be in force and effeel from and after its publication. SAME. Ordinance No. 1547. i Approved I let. 22, 1891. i 1154. An Ordinance granting the American Manufacturing Company privilege to grade a portion of the levee in the Sixth (6) ward and erect a building on the same. The Common Council of the City of St. Paul do ordain i follows : Sec. 1. That permission and authorit) is hereby given and granted to the American Manufacturing Com pa 113 to grade and occupy until July I. 1916, for manufacturing pur- - that portion of the levee in the Sixth Hi) ward of said city, as f< '11' >\\ s: All of 1 ."t- • .iic ill, two (2), three i 3 I, Four I h and five (5), Block two (2) Bazille and Robert's addition not included within the strip fifty (50) feet wide lying north and running parallel with the south boundary line of the levee. 1155. Sec. 2. That permission and authority is hereby given and granted to the American Manufacturing Company to move their foundry building now located on the southerly part of Lot three ('■'<). block two (2), Bazille and Robert's .ad- dition, in a northerly direction, and to be located on the piece of land described in section one I 1 I : also that said American Manufacturing Company be allowed to increase the size of said building making the building when enlarged Sixty by One hundred and fifty (60x150) feet long. Construction of the building to be of brick with stone foundation and gravel roof; said building to be built under the directions and accord- ing to the instructions of the building inspector of said city. 1156. Sec. •'!. This ordinance shall not take effect or be in force until the American Manufacturing Company expre>sly agrees and bind themselves to bond under seal, with two sure- ties approved by the city attorney, in consideration of the passage of this ordinance, to remove said building on or be- fore July 1. 1916. and to indemnify the said City of St.* Paul against any losses or damages caused by their occupancy of said land. Sec. 4. This ordinance shall be in force and effect from and after its publication and acceptance by said company. 391 ANCHOR SILVER PLATE COMPANY. Ordinance No. 2406. i Approved Nov. ', . 1903. 1 1157. An Ordinance consenting to the transfer and assign- ment to Anchor Silver Plate Company of the rights and privileges granted to Benjamin E. Harmon and J. Spencer Kimball, doing business as the Minne- sota Canning Company, by ordinance No. 2084, ap- proved December 6, 1899, as supplemented and amended by ordinance No. 2173, approved Febru- ary 23, 1901, and by them assigned to the Minne- sota Canning Company, a corporation, pursuant to ordinance No. 2223, approved November 11, 1901 ; also granting unto said Anchor Silver Plate Com- pany further rights and privileges in relation to the real property affected by the foregoing ordinances. The Common Courrcil of the Cit) of St. Paul do ordain as f( >llows: 1158. Sec. 1. Whereas, by ordinance No. 2084 approved December 6, 1899, as supplemented and amended by ordin- ance No. 2173, approved February 23, 1901, the common coun- cil did grant unto Benjamin E. Harmon and J. Spencer Kim- ball, doing business as the Minnesota Canning Company, per- mission and authorit) to use and occupy for certain purposes for a period of twenty five (25) years from the passage of said ordinance all thai portion of the levee in the Sixth (6) ward in the City of St. Paul, Minnesota, described as follows: The wesl i me half i >f li >1 three I '■'' I and all of li >1 ^ \< »ur (4), five i 5 i and six (6), in block one hundred and eighty-three (183) "I" Robertson's addition to West St. Paul, subjecl to the pro visi( >n- > if said i irdinance : And whereas by ordinance No. 2223 approved November mli (11), Nineteen I [undred and < ine I 1901 I, permission and authority wa d by the Common Council to the said amin K. Harmon and J. Spencer Kimball < n all their rights, title and interesl in and to the rights, and privil ' granl d under them, as 1 ed, unto the Min- 398 Canning Company, a corporation, and they have here- re s< ' assigned the same. And whereas, said Minnesota Canning Company desires and in so Far as it can legally do so, has agreed to assign and transfer all of its rights, title and interest as such assignee under the foregoing ordinances to the Anchor Silver Plate Company, a Minnesota corporation organized to manufacture silver, gold and other plated ware and goods of every kind and description and such other articles as can be conveniently manufactured in connection therewith, and has consented to the passage of this ordinance. Permission and authority is hereby granted to said Min- nesota Canning Company to assign and transfer to said cor- poration. Anchor Silver Plate Company, all of the rights and privileges granted to and acquired by Benjamin E. Harmon and J. Spencer Kimball under the aforesaid ordinances No. 2084 and Xo. 51):! and now vested in Minnesota Canning Company, and the Common Council does hereby consent to such transfer and assignment of said rights and privileges and does hereby give and grant unto said Anchor Silver Plate Company, its successors and assigns, the right to use and oc- cupy for the full period of twenty five (25) years from the date of the passage of said ordinance No. 2084 for the manu- facturing purposes which said corporation was authorized to engage in as herebefore set forth, that portion of the levee in the Sixth (6) ward in the City of St. Paul. Minnesota, de- scribed as follows: the west one half (y 2 ) of lot three (3), and all of lots four id), five (5), and six (6) in block one hun- dred and eighty-three (183) of Robertson's addition to "West St. Paul, free from any and all of the restrictions, conditions and limitations contained in said ordinances Nos. 20Sd and 2173, all of which restrictions, conditions and limitations are hereby annulled, except that this grant is made by and on be- half of the City of St. Paul upon the f611owing terms and con- ditions, to-wit : First — Said Anchor Silver Plate Company, its successors and assigns, shall pay to the city of St. Paul as compensation and rental for the privileges and premises hereby granted the 399 sum of One ($1) dollar per annum for and during the time hereinbefore specified payable annually in advance. Second — Said company, its successors and assigns, shall and will forever indemnify and save harmless the City of St. Paul against any and all damages, judgments, claims, costs and expenses of the same, which said city may suffer, or that may be recovered or obtained from or against said city for or by reason of the granting of such privileges, or by reason of or growing out of or resulting from the passage of this ordi- nance or any matter or thing connected therewith or with the exercise of said grantee of the privileges hereby granted. Third — All buildings heretofore placed or which may hereafter be placed on said land herein and hereby demised, leased and let shall be regarded as and construed to be per- sonalty for all the purposes of taxation and said Anchor Silver Plate Company for itself, its successors and assigns hereby agrees to pav all taxes which may be lawfully levied or as- sessed on said buildings, and in case Mich taxes are not paid prior to the date fixed for the sale of such personalty for said taxes, all rights under this ordinance may he forfeited by the city of St. I 'aid as hereinafter provided. Before the expira- tion of the term of the lease herein granted all buildings shall be removed from the above described premises by said Anchor Silver I Mate Company, il> successors or assigns, and in case of failure to remove any building or buildings within said time the same or such part thereof as may thereafter remain du said premises -hall become the property ol the City oi St. I'anl. 1159. Sic 2. This ordinance shall nol he construed or considered as in manner guaranteeing or warranting an) il the rights and privileges herein or hereby granted, or the title of any of the lands herein described and hereb) demised, leased and let. 1160. See. :;. If said Anchor Silver Plate Company, its successors or assigns shall fail \<> comply with anj ■>! the pro vision-, of this ordinance Hi' n -aid cit) lias the righl and op lion, upon giving thiru (30) days written not'ee t" said gran tei of it- intention so t" do. to terminate and forfeil this : provided, that ill case this lease is forfeited by said or otherwise For art) reason, then said grantee shall have the right during the >i\ (6) months next following such for- feiture to remove its machinery, property and improvements from said premise-. 1161. See. 1. Said Anchor Silver Plate Company shall not later than -ninety (90) days after the passage of this ordinance begin the prosecution of its said manufacturing business here- before described upon said premises and during the continu- ance of this lease and all of the privileges and rights herein and hereby granted shall continue to prosecute the same em- ploying an average of fifty (50) operators monthly in such husiness during the first ( 1 ) year of this lease and seventy- five (75) during each year thereafter. And said Anchor Sil- ver Plate Company, its successors and assigns, shall, during the continuance of this lease, continuously prosecute its said manufacturing business, and if. during the term of its lease, said company, its successors or assigns, shall fail for any suc- cessive thirty (30) days to conduct said manufacturing busi- - as aforesaid, then said city has the right and option, by resolution upon thirty (30) days written notice to said grantee of its intention so to do, to cancel and terminate said lease unless the said Anchor Silver Plate Company, its successors and assigns shall before the expiration of such thirty (30) days notice resume its manufacturing operations, provided, that failure to prosecute said business as aforesaid, caused by a flood or damage by fire or the elements, or strikes, shall not be taken as a part of said thirty (30) days. 1162. Sec. 5. Said Anchor Silver Plate Company, its suc- cessors and assigns, shall have and are herebv granted the right and privilege to enlarge, alter or change in such manner as may be found necessary or desirable, the present buildings, now located upon said leased premises and may from time to time erect thereon such further and other buildings suitable to the business to be carried on by said company as the con- duct of their business shall hereafter require ; provided, how- ever, that all changes and modifications of the present build- ings and any and all new buildine-s or erections shall be built 401 upon plans approved by the Building Enspector of the Citv of St. Paul after obtaining the proper permit therefor. 1163. Sec. 6. Said Anchor Silver Plate Company shall file with the city clerk within thirty (30) days after the publi- cation of this ordinance a written acceptance of the provision^ thereof in a form to be approved by the corporation attorney of the City of St. Paul. 1164. Sec. "i . All ordinances and parts of ordinance.-, here- tofore passed inconsistent with this ordinance are herein- re- pealed. Sec. s. This ordinance shall take effect and be in force from and after its passage, publication and acceptance as pro- vided for in section six of this ordinance. (See also ordinance X.o. 2084, approved December . All buildings and improvements necessary to be done on the land above described shall be let to St. I 'aid contractors, or he performed by persons and laborers residing in the City of St. Paul, and all of the stone which may he used in tin- construction of any of the said buildings to he con- structed on said premises which the grantees herein have not already provided for shall he of St. Paul manufacture and shall be quarried within the city limits of the City of Si. Paul. 1168. Sec. 1. If the -aid grantees shall fail in an) resped omply with any of the provisions of this ordinance in any particular, then all the rights ami privileges herein and hereb) granted shall terminate and shall he and become immedia forfeited to the Cit) of St. Paul, and said grant or lease -hall he thereby terminated and forfeited in all things whatsoever. 1169. 5. All buildings placed on the -aid land herein and hereb) demised, leasi d ami let shall he regarded a- and trued to be pefsonaltj for all the purposes of taxation, and the grantees herein and hereb) agree to pay all the t; which may he levied or assessed on aid buildings, and in case -aid grantees shall allow -aid taxes to remain unpaid until tin- date of tax -ale thereof, then all the righl and privili m and hereby -hall immediately reverl and beconn Ml feited to the City of St. Paul, and this grant or lease shall thereupon be and become terminated and forfeited in all things whatsoever. 1170. Sec. 6. The said grantees herein named shall, not later than eight (8) months after the passage of this ordinance, be- gin the prosecution of the canning business hereinbefore de- scribed upon the said premises, and during the continuance of this lease, and all of the privileges and rights herein and here- in granted, shall continuously prosecute the same, employ- ing during the continuance thereof an average of seventy-five operatives monthly at the factory to be erected as afore- said ; that is to say, they shall be and they are hereby required to operate or run the factory hereunder to be constructed such a length of time in each and every year as shall constitute a canning season of reasonable duration, according to the cus- toms and usages of the canning business, and if at any time (hiring the term of this lease the grantees herein shall fail for any successive thirty (30) days to conduct the said business as aforesaid, then the City of St. Paul shall have the right and option, by resolution of its Common Council, upon thirty (30) days' written notice to the said grantees of its intention so to do. to cancel and terminate this lease and forfeit the rights and privileges herein and hereby granted and conferred. Pro- vided, however, that if said failure to so prosecute the said business as aforesaid shall be shown to the satisfaction of the Common Council of the City of St. Paul to have been caused or occasioned by flood or by damage from fire or the ele- ments, or by strikes, .or by the failure of crops, then the period he continuance of such default, if it be for a reasonable time only, shall not be taken as a part of said thirty (30) days. 1171. Sec. ', . That if the said grantees shall fail to comply with any of the provisions of this ordinance, then the City of St. Paid herein and hereby has .the right and the option and the privilege, on giving thirty (30) days' notice in writing to the said grantees of its intention so to do. by resolution of its Common Council, to terminate and forfeit this lease and the rights and privileges herein granted and conferred. Pro- vided, however, that in case anv forfeiture or termination oc- in:, curs the grantees herein shall have the right during the six months next following such forfeiture to remove their ma- chinery, improvements or other property from the premises. 1172. Sec. 8. All rights herein ami herein- granted shall he at all times subject to all ordinances of the City of Si. Paul now in force, or any which may hereafter take effect, ami no rights granted or required under the terms of this ordinance shall he transferred except with the consent of the Common Council first hereto obtained. 1173. Sec. !i. The grantees herein shall hie with the City Clerk of this city within thirty (30) days after the pub- lication of this ordinance their written acceptance of the pro- vision thereof in the form to he approved by the Corporation Attorney of the City of St. Patd. Sec. 10. This ordinance shall take effect and he in force From and after its puhlication and acceptance. SAME (HARMON & KIMBALL.) Ordinance No. 2173. i Approved February 23, 1901. ) 1174. An Ordinance supplementary to, and amendatory of, Ordinance No. 2084, entitled "An ordinance grant- ing unto Benjamin D. Harmon and J. Spencer Kim- ball, doing business as the Minnesota Canning Company, permission to use a portion of the levee in the Sixth Ward of the City of St. Paul." Ap- proved December 6, 1899. The Common Council of the City of St. Paul do ordain as follows : Sec. l. That paragraph third of Section I of Ordinance No. '.'us i, entitled "An ordinance granting unto Benjamin K. Harmon and J. Spencer Kimball, doing business as the Min nesota Canning Company, permission to use a portion oi the levee in the Sixth ward of the Cit) of St. Paul," be and the same is hereb) amended to read as follows: Third— The grantees herein named shall complete said buildings and have their said business in full operation on or LOG before the 31st da\ of December, L901, and within ninety days after the expiration of the term of the lease herein granted said building or buHdings shall be removed from said above described premises b) said grantees; and in case of failure to remove said buildings within said ninety days after the ex- piration of said term of said lease, said buildings or such part thereof as may thereafter remain on said premises shall be- come the property of the City of St. Paid. SAME (HARMON & KIMBALL.) Ordinance No. 2223. (Approved November 11, 1901.) 1175. An Ordinance authorizing Benjamin E. Harmon and J. Spencer Kimball to assign all the rights and priv- ileges conferred upon them by Ordinance No. 2084, approved December 6, 1899, to the Minnesota Can- ning Company, a corporation. 'idle Common Council of the City of St. Paul do ordain as follows : Sec. 1. There is hereby granted unto Benjamin E. Har- mon and J. Spencer Kimball authority to assign all their right, title and interest in and to the rights and privileges granted unto them by Ordinance No. 2081, approved December 6, A. D. 1899. entitled: "An Ordinance granting unto Benjamin E. Harmon and J. Spencer Kimball, doing business as the Minnesota Canning Company, permission to use a portion of the levee in the Sixth ward of the City of St. Paul," unto the Minnesota Canning Company, a corporation. See. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. 407 SAME (MINNESOTA CANNING COMPANY.) Ordinance No. 2249. (Approved January 17, 1902.) 1176. An Ordinance extending the time within which the Minnesota Canning Company shall be required to complete the erection of its building. Whereas. The Common Council of the City of St. Paul did, in and by the terms of ( >rdinance No. 2084, approved De- cember 6, L899, grant unto the Minnesota Canning Company a lease to the west one-half of lot numbered three (3), and all of the lots four (4), five (5) and six (6), in block one hundred and eighty-three (183), of Robertson's Addition to St. Paid; and Whereas. Said Minnesota Canning^ Company has con- tracted for the erection of a building upon said lots, in ac- cordance with said ordinance, and is unable to complete the same within the time designated by this Common Council ; Now, therefore, the Common Council of the City of St. Paid do ordain as follows* 1177. Sec. 1. That the Minnesota Canning Company be, and it is hereby, granted an extension of time to the first day of September, A. 1). l.'.M)^, within which to fully complete and equip said building upon said lots, in accordance with the terms of the lease heretofore granted by this Common Coun- cil. See. 2. This ordinance shall take effeel and be in force from and after its passage, approval and publication. HIS ARMOUR AND COMPANY. Ordinance No. 2412. i Approved December I. 1903. i 1178. An Ordinance granting to Armour and Co. the right to lay a steam pipe under Pine street between East Fifth (5) street and East Sixth (6) street, in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : S<.e. 1. Privilege is hereb) granted to Armour and Co., a corporation, organized and existing under and by virtue of the laws of the State of New Jersey, the right to lay and for a period of twenty-five (25) years after the passage and ac- ceptance of this ordinance, to maintain a vitrified stone pipe not exceeding eight < * i inches in diameter, at such point and in such manner as shall be prescribed by the commissioner of public works, extending from the rear of the building located on lots seven (7) and eight (8) of block forty-four (4-1) of Kittson's addition to St. Paul, easf across and under Pine street to the rear of the building located on a portion of lot five, in block forty-three (43) in Kittson's addition to St. Paul, and to place in said pipe the necessary pipes for conducting steam as may be approved by the commissioner of public works and at such place as he may direct, extending from said building on lots seven (7) and eight ($) in block forty- four ( 44) of said Kittson's addition to the building located on lot five ( 5 ) of block forty-three (48 ) of said Kittson's addition. 1179. Sec. 2. The privilege hereby conferred is granted upon the condition that the grantee herein shall assume all liability that may arise out of or be caused by the exercise of the privilege so granted, and shall at all times save the city of St. Paul harmless from any and all damages, costs and ex- penses growing out of or arising from the construction and maintenance of said pipe and the pipes authorized to be laid therein. 1180. Sec. 3. The privilege hereby granted shall not at any time be sold, transferred or assigned to any other person, in: i firm or corporation, without the consent of the City of St. Paul, and shall be held and exercised for the purpose of sup- plying steam to the building on lot five (5) block 43, Kittson's addition to St. Paul, and shall not be used or employed for any other purpose whatsoever. 1181. Sec. 4. The grantee herein shall not furnish heat to said building except under written contract with the owner or tenants thereof and such contracts shall provide for a fixed and established charge; which shall at no time be less than the actual cost of supplying said, heat, and said grantee shall keep an accurate set of books of account which shall at all times truthfully set forth and disclose both the cost of supplying heat and the amount charged or received therefor, and said books of account shall at all times be open to the examination and inspection of the city comptroller of the City of St. Paul. Said grantee shall annually on or before the first Monday in February in each and every year file in the office of the city comptroller a statement such as is required by section 37, chapter IV (4), of the Charter of the City of St. Paul, and said grantee shall likewise on or before the first Monday in March of each and every year pay into the said city treasury a license fee in the sum equal to five (5) per cent of the gross earnings derived or accruing from the exercise or enjoyment of the privilege hereby granted; and- said grantee shall upon acceptance by it of the privileges herein granted, as herein- after provided, pay to the City of St. Paul the sum of One Hundred Dollar. ($100). 1182. See. 5. The grantee herein shall execute and deliver to the City of St. Paul a good ami sufficienl bond in the Mini of 00 in SUCh form ami with Mich sureties as shall be .i)i proved by the corporation attorney of .aid city, conditioned for the faithful performance by Mini grantee of all the obliga tions and conditions thereby imposed. Saiil bond shall be uted ami delivered before any of the privileges hereb) conferred are exercised by the grantee herein. 1183. Sec. hall be erected and maintained under the direction and supervision of the city engineer at Mich points a> he shall direct in the alleys above named, and the wires shall he strung, insulated and protected as directed by the superintendent of the fire alarm system of this city, and in case of the use of an .underground system the portion of the said street and of the alleys to be occupied by it shall first be designated by ordinance of the common council, and its con- struction and use shall he guarded in such manner as the council shall then provide. Third — The said poles and wires and any portions thereof shall be taken down and removed whenever so ordered by resolution of the common council by and at the expense of scid Frank 1'. Blair, his heirs, executors; administrators or as- signs. Fourth — The said Frank I'. Blair, his heirs, executors, administrators and assigns, shall at all times indemnify and save harmless the City of St. Paul from all indebtedness and liability that may result from the erection and maintenance of such poles and wires and said underground system and the use of said electric enrrents. Fifth — The poles to he erected shall be planed and paint- ed, and shall be of such length as is directed by the city engi- neer, and >hall be erected subject to and shall be governed by the provisions of ordinance number two hundred and eighty-two (282) of the City of St. I'aul. Sixth — Said Frank I'. Blair, his heirs, executors, adminis- trators ami assigns, shall at his own expense, whenever or dered 1>\ resolution ol the common council, remove and place underground the wires of .said system, in such manner as the common council may direct, under the direction and super visii mi i if the city engineer. Seventh Said Frank I'. Blair shall, before this ordinance shall take effect make, duly execute and tile with the city clerk an acceptance of this ordinance and an agreemenl "ii the part of himself, his heirs, executors, administrators and assigns, to fulfill, comply with, ami perform all the provisions and term-, of this section which shall be approved hv the COr poration attorne} : and in case of the failure at any time of said Blair, his heirs, executors, administrators or assigns, to fulfil] and perform any of the terms or provisions of this sec- tion, and the continuance of such failure for thirty (30) days. then the privileges granted by this ordinance shall by such failure itself become and be forfeited, and all the provisions o\ this ordinance granting any such privileges shall thence- forth he utterly void. 1187.- Sec. '■'>. In case said Frank P. Blair shall, on behalf of himself, his heirs, executors, administrators and assigns, hie the acceptance and agreement required in section two (2) of this ordinance, and the same shall he approved by the city attorney within thirty (■'!<»> days after the official publication; of this ordinance, then this ordinance shall take effect and he in force; but in any other case it shall never take effect or be in fprce; and nothing in this ordinance shall ever be con- strued as giving said Blair or any parties any exclusive privil- ege-- whatever. SAME. Ordinance No. 1061. (Approved November 12, 1888.) 1188. An Ordinance to grant to Frank P. Blair the right to use certain alleys for the purpose of supplying elec- tric light and to confirm and re-establish same. Whereas, the common council of the City of St. Paul, by an ordinance approved Jan. d, 1888, and numbered eight hun- dred and seventy-six (876), entitled: "An ordinance to grant to Frank P. Blair the right to use certain alleys for the purpose of supplying electric light," granted Frank P. Blair certain rights, subject to conditions and restrictions in said ordinance named ; and \\ hereas, said Frank P. Blair is now supplying electric lights to certain parties within the district named in said or- dinance, but by an oversight he has failed to accept said ordinance in writing as in said ordinance provided; Now, the common council of the City of St. Paul do ordain as follows : 413 1189. Sec. 1. That said ordinance hereinbefore referred to is hereby reaffirmed and re-enacted, and said Blair, on con-^ dition that he fully complies with all the conditions and re- strictions named in said ordinance, and on no other con- dition, is hereby granted an extension of time for thirty (30) days next succeeding" the passage of this ordinance to accept the same in writing in the manner and form in said ordinance provided. Sec. 2. This ordinance shall take effect and be in force from and after its passage. HENRY BOCKSTRUCK. Ordinance No. 2067. (Approved Aug. 19, 1899.) 1180. An Ordinance granting permission to Henry Bock- struck to erect and maintain an iron post and place a clock thereon at the outer curbing in front of his store, number eleven (11) East Seventh street. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission is hereby given to Henry Bock- struck to erect and maintain, under the supervision of the City Engineer, a decorated iron post eight feel high at the outer curbing in front of his store, number eleven (11) Kast Seventh street, in said City, said posl to be u>v<\ for placing a clock thereon, the dial of which is to be thirty inches in diameter, and lighted by electricity. Sec. 2. This ordinance shall take effect and he in force fr< >rn and after it-- passage. BOWLBY & CO. Ordinance No. 2008. i approved September 9, I 39 1191. An Ordinance authorizing Bowlby & Co. to con- struct a tunnel under the surface of Robert street. The Common Council of the Cit) of St. Paul do ordain as follows : l. That Bowlby & Co. be and are hereb) authorized to construd a tunnel under the surface of Roberl street, From :. block 12, St. Paul proper, to the basement of the build- ing, on the opposite side of the said street, on lot 1 . 1)1 nek 11, in said St. Paul Proper, at a point about 5*8 feet from Sixth street, across said Robert street, for the purpose of laying steam heating pipes, subject, however, to all ordinances of said city, now existing and hereafter lit be passed. All of said work shall be dmie under the supervision of the City Engineer, and in the manner by him directed, upon the execution and delivery of a bond to the city, in the sum of $5,000, to indem- nify the said city, which bond shall contain such conditions as shall be approved by the City Attorney. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication. BROOKS BROS. Ordinance No. 1901. i Approved Dec. 21st, 1896.) 1192. An Ordinance granting permission to L. R. Brooks, D. F. Brooks and A. S. Brooks, co-partners as Brooks Bros., to erect poles and string their wires upon streets in that part of the City of St. Paul ly- ing west of Lexington avenue for the purpose of furnishing electric light and power. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That L. R. Brooks, D. F. Brooks and A. S. Brooks, co-partners as Brooks Bros., are hereby granted per- mission to erect poles and to string wires thereon for electric lighting and the furnishing of power along and upon public streets and alleys in that part of the City west of Lexington avenue, St. Paul. Minnesota, upon the terms and conditions therein stated, under the supervision of the City Engineer, and upon and under the following conditions and instructions, to- wit": Such poles shall be thirty-five feet in height above the ground and shall not be less than fourteen inches in diameter at the bottom and six inches at the top, and shall be placed at such depth in the ground as the City Engineer shall direct to II.") secure their safety ; they shall be planed and shall be painted a dark color for the distance of six feet from the ground, and from that point to the top they shall be painted white ; they shall be set at such distance apart from each other and at such places in the street as may be designated by the City Engi- neer. And in case any other corporations, companies, person or persons are now or shall be at any time hereafter permitted by the Common Council of said City to erect poles and string its wires for the purpose of* electric lighting and furnishing power in said City, or to have the use of streets or alleys of said City for the purposes of electric lighting and furnishing power, and such corporation or corporations, company or companies, person or persons shall desire to use the poles so erected by said Brooks Bros, for the purpose of supporting wires for such purpose, such corporations, companies, person or persons shall be entitled to do so upon the paying to said P> rooks liros. or to their successors, the proportionate share of all costs to procure and erect such poles, to be determined as follows : I pon the erection of poles upon any of said streets or alleys, said Brooks Bros, shall immediately report to the City Engineer the actual cost of such poles, and the erection there- of, and said City Engineer shall ascertain and determine the actual cost of such poles and the erection thereof, and certify the amount which he shall find to be correct and keep a record thereof in the office for public inspection. I 'pon the first application as aforesaid to use the poles erected, the applicanl shall pa) Brooks Bros, one-half of said actual cosl of said poles so determined by said City Engineer, and in case of a second application the applicanl shall pay one third of such cost, the same to be equally divided between Brooks Bros, and the first applicant and successive applicants shall pay their proportionate share of said costs in like man- ner, and the same to be divided proportionately in like man- ner as above, and all applicants so paying their proportionate share of said costs shall become and be bj common consenl joinl owner- with Brooks Bros, of said poles, and shall be en t itled t( ' use them for the pui pi >se i if elei i ing in; And it i> conditioned that if any other corporation, com- pany or person shall procure, or has procured, like permission from said Common Council to erect poles in said streets or alleys, then the permission herein granted is withdrawn as to such streets and alleys, and said Brooks Bros, shall be re- stricted to using such poles already erected, or as may be erected before Brooks Bros, shall have erected their poles thereon tinder like conditions as»herein stated. 1193. Sec. 3. The said Brooks Bros! shall at all times obey such farther and additional .requirements as the Common Council of said City shall impose in the premises, and shall when so required remove any or all of said poles or wires from oft the streets or alleys on which same is erected at their own cost and expense, when so required by said Common Council; and also if so required, place any or all of said wires under ground and remove the poles at their own expense. And the Common Council reserves the power at any time to amend or repeal this ordinance, and nothing herein contained shall be deemed to grant any exclusive right to use the said streets for the purposes herein contained. 1194. Sec. 3. The said Brooks Bros, hereby assume all liabilities that may be caused by the erection of such poles and the stringing of wires thereon, and shall at all times save the City of St. Paul harmless therefrom and from all damages aris- ing out of the use or exercise of any privileges hereby granted as to erection of poles and the maintenance of wires along and upon any of said streets or alleys, and shall execute and de- liver to said City a bond with such conditions as shall be ap- proved by the Corporation Attorney, in the penal sum of Five Thousand Dollars ($5,000.00), saving the City harmless in the premises. Prior to the taking effect of this ordinance said bond to be approved by the Corporation Attorney, and the violation of the provisions of this ordinance shall render this ordinance null and void at the election of said Common Council. 1195. Sec. 1. Said Brooks Bros, shall, within thirty days after the passage and approval of this ordinance, execute and file with the City Clerk the bond provided for in Section three 4i; (.3), and a written acceptance of all provisions of this ordin- ance, in form to be approved by the Corporation Attorney; otherwise this ordinance shall have no force or effect. 1196. Sec. 5. All rights granted under this ordinance shall cease and determine unless at least one mile of electric wiring for the purposes of the franchise hereinbefore granted shall be laid and in operation on or before December 31, 1897. 1197. Sec. 6. That Brooks Bros, shall deposit with the City Clerk of the City of St. Paul a certified check on one of the banks of the City of St. Paul, for the sum of $100.00. pay- able to the City Clerk of St. Paul, which shall be retained in the office of the City Clerk until the :!lst day of December, 1897, at which time if said Brooks Bros, shall have complied with all the provisions of this ordinance to be performed prior to December 31, L897, and particularly the requirements in Section five (5) hereof, that at least one mile of said electric wiring shall be laid and in operation by or before December 31, L897, then said check shall be returned to said Brooks Bros., or if said Company shall have complied with all the terms of this ordinance to be performed prior to December 31, 1897, and the City Engineer shall so certiiy. then said check- shall, upon the said Engineer certifying, as aforesaid, be re- turned t< > said company. In case said company shall not have complied with all of the term- i >f this ordinance b i be perfi irmed prior to 1 )ecember 31, 1897, then and thereupon the City Clerk shall draw the money called for by said check and turn the same into the city treasury, and the same shall thereupon become the property of the City. Sec. '. . This ordinance shall have effecl and be in force from and all' i H passage and publication and the filing oi the bond and acceptance hereinbefore provided, and the dep ing with the City Clerk the certified check provided in section six (6 i of this ordinal MS SAME. Ordinance No. 2316. i Approved ( )ct. is. 1902. i 1198. An Ordinance authorizing Brooks Brothers to con- struct and maintain a railway spur track across Prior avenue. The Common Council of the City of St. Paul do ordain as follow s : Sec. 1. That authority and permission are hereby grant- ed to L. R. Brooks and D. F. Brooks and A. S. Brooks, part- ners as Brooks Brothers, to erect and maintain a railway spur track across Prior avenue at about 12o feet north of the inter- section of Charles street and Prior avenue, and to operate freight cars thereon for the purpose of receiving and discharg- ing lumber. 1199. Sec. 2. The authority and permission granted by this ordinance is subject to revocation by the Common Coun- cil of the City of St. Paul at any time. Sec. 3. This ordinance shall take effect and be in force from and after its passage, approval and publication. BROWN, DOWLIN AND MOLIN. Ordinance No. 2270. (Approved . March 21, 1902.) 1200. An Ordinance granting permission to the firm of Brown, Dowlin & Molin to construct and erect a frrme building upon the easterly thirty feet of lot five in block fourteen, Rice and Irvine's Addition to the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows: Sec. 1. That permission and authority be and it is hereby given to Brown, Dowlin & Molin. a co-partnership, to con- struct and erect upon the easterly thirty (30) feet of Lot five (5), Block fourteen (14), Rice and Irvine's Addition to the City of St. Paul, a frame building twenty (20) by fortv (40) i 1 9 feet, to be used as an office and carpenter shop by said firm ; the building to be constructed of wood and covered with cor- rugated iron, and the roof graveled, all under the direction and supervision of the Building Inspector of the City of St. Paul, and the said Building- Inspector is hereby authorized to issue to said firm a proper permit therefor. S.ec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. BUCK EYE FOUNDRY. Ordinance No. 2195. I Approved June 20. 190i.) 1201. An Ordinance granting unto J. A. McDaniel doing business as the Buck Eye Foundry, permission to use a portion of the levee in the Sixth Ward of the City of St. Paul : The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority is hereby granted and given unto J. A. .McDaniel to use and occupy until July 1, L917, for manufacturing purposes in the line of his business, to-wit: Manufacturing stoves and stove fixtures, that por- tion of the levee in the Sixth Ward of the City of St. Paul de- scribed as follows, to-wit : Lot three (3), of block one ( 1 ) of Marshall's Addition to Wes1 St. Paul, now a part of the City of St. Paul. This grant is made upon the express condition that the grantee herein named shall pay to the City of St. Paul, as compensation and rental fi r the privileges hereb} granted, the sum of one (1) dollar per annum for and during the time herein specified, payable annually in advance and shall fully comply with the terms and conditions hereinafter enumerated. 1202. 2. That permission and authority i-. hereby n and granted unto J A. McDaniel, to onstruct and maintain on said lots such building or buildings as ma) be Me and necessary For use in his said business, which building or buildings shall be huih under the direction according to the instructions of tin- City Engineer of said City upon obtaining a permit so to do. Provided, however, that this ordinance shall not be con- strued as guaranteeing or warranting any of the rights hereby granted ; And provided, further. That before the expiration of said term said building or buildings shall be removed from said above described premises by said grantee, and in case of failure to remove said building or buildings within said time, the same, or such part thereof as may thereafter remain upon said premises, shall become the property of said city. 1203. Sec. 3. No right acquired under this ordinance shall be transferred to any other person, company or corporation unless the consent of the Common Council of the City of St. Paul evidenced by resolution of its Common Council, shall be first obtained, and the rights granted hereby shall not be as- signable by operation of law or otherwise, except as hereby provided. 1204. Sec. 4. Said grantee shall and will forever indem- nify and save harmless the said City of St. Paul against any and all damages, judgments, claims, costs and expenses of same which it may suffer or may be recovered or obtained from or against said city from or by reason of or growing out of, or resulting from the passage of this ordinance, or any matter or thing connected therewith, or with the exercise by the said grantee of the privileges hereby granted. 1205. Sec. 5. The said grantee shall, not later than three (3) months after the passage of this ordinance, begin the prosecution of said manufacturing business hereinbefore de- scribed on said premises, and during the continuance of this lease shall continuousl)- prosecute the same, and employ dur- ing said period in his business at least ten persons; and if dur- ing the term of this lease said grantee # shall fail for any suc- cessive thirty days to conduct said business as aforesaid, and employ said number of persons, then said city shall have the right and option by resolution to cancel and terminate said lease : provided, however, that failure to prosecute said bnsi- 421 ness aforesaid, caused by floods Or damage by fire or the ele- ments or .strikes, shall not be taken as a part of said thirty days. 1206. . Sec. 6. If said, grantee shall fail in any respeel to comply with the provisions of this ordinance, then all the rights and privileges hereby granted shall be forfeited to the Citv of St. Paul, and this ordinance may be revoked by the passage of an ordinance by the Common Council repealing the same at any time in case all of the conditions of this ordinance are not strictly complied with. 1207. Sec. 7. The said grantee shall file with the City Clerk within thirty days after the publication of this ordinance his written acceptance of the provisions hereof, the same to be approved by the Corporation Attorney. Sec. 8. This ordinance shall take effect and be in force from and after its publication and the acceptance hereof as provided in section seven I i I ol this ordinance. SAME. Ordinance No. 2206. (Approved August '■>. 1901.) 1208. An Ordinance consenting to the transfer and assign- ment unto Henry A. Mazzi of an undivided one- half interest in and to the rights and privileges ac- quired by J. A. McDaniel, doing business as the Buckeye Foundry, under Ordinance Number 2195 of the General Ordinances of the City of St. Paul, entitled "An Ordinance granting unto J. A. Mc- Daniel, doing business as the Buckeye Foundry, permission to use a portion of the levee in the Sixth ward of the City of St. Paul." Approved June 20, 1901. The Common Council of the City of St. Paul do ordain as foil' »ws : 1. Whereas, Bj Ordinance Number 2195, of the General ' Ordinances of the City of Si. Paul, entitled " \n I h dinance granting unto J. V McDaniel, doing business as the t22 Buckeye Foundry, permission to use a portion of the levee in the Sixth ward, of the Cif) of St. Paul," approved June 30th, i:»ui. the Common Council of the City of St. Paul did grant to J. A. McDaniel, doing business as the Buckeye Foundry, permission and authority to use and occupy for the period of fifteen years For the purpose of manufacturing stoves and stove fixtures, that portion of the levee in the Sixth ward, in the City of St. Paul, described as follows, to-wit: Lot three (3), of block one (1), of Marshall's Addition to West St. Paul, according to the plat thereof on file in the of- fice of the Register of Deeds in Ramsey County in the City of St. Paul in the State of Minnesota, subject to the provisions of said ordinance Number 2195; and Whereas, Said Ordinance Number 2195 was accepted by James A. .McDaniel by filing his written acceptance thereof in the office of the City Clerk on the 26th day of October. 1901 ; and Whereas, Said J. A. McDaniel desires to transfer and as- sign unto Henry A. Mazzi an undivided one-half interest in and to all the rights and privileges accjuired by him under said Ordinance Number 2105 ; Permission and authority is hereby granted to the said J. A. McDaniel to assign and transfer unto the said Henry A. Mazzi an undivided one-half interest in and to all the rights and privileges granted to and acquired by said J. A.- McDaniel by said Ordinance Number 2195; and the Common Council of the City of St. Paul does hereby consent to such transfer and assignment, subject, however, to the compliance of said Henry A. Mazzi, from the time this Ordinance shall go into effect with the terms, conditions and privileges of said Ordinance Number 2105 to be by said J. A. McDaniel complied with and subject to all the rights reserved to the City of St. Paul by the provisions of said Ordinance. 1209. Sec. 2. That said Henry A. Mazzi shall file with the City Clerk of said City within thirty days after the pass- age and publication of this Ordinance his written acceptance of the provisions thereof and an agreement to perform all the said terms thereof, the same to be approved by the Corpora- tion Attorney. [23 Sec. 3. This Ordinance shall take effect and be in force from and after its passage, publication and acceptance as pro- vided herein. CABOT & CUSHING. Ordinance No. 2429. (Approved February 6, 1904.) 1210. An Ordinance granting George E. Cabot and Luther S. Cushing the right to construct a tunnel under Sixth street, between Cedar street and Minnesota street, in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Privilege is hereby -ranted to George E. Cabot and Luther S. Cushing the right to construct, and for the ! of twenty-five (25) years after the passage and ac ceptance of this ordinance, to maintain a tunnel of such size and shape as may be approved by the Commissioner of Public Works, and at such a place as he may direct, extending from lots seven (1 I and eight (8) of block live (5), St. Paul Proper, beneath the surface of said Sixth street, to lots our ( 1 i. two (2), three (3), and four i li. of 11. L. Carner's Subdivision of part of block ten ( 10) of St. Paul Proper, and to lay and main- tain in said tunnel the necessary pipes and wires for construct ing heat and power. 1211. Sec. 2. The privilege hereby conferred is granted Upon the condition that the -ranter-, herein shall assume all liability thai may arise oul of or be caused by the exercise ol the privilege so granted, and shall at all times save the City ol St. Paul harmless from any and all damage-, costs and ex- penses growing oul of or arising from the construction and maintenance of said tunnel and the pipes and wires authorized to be laid therein. 1212. Sec. 3. No excavations shall be made in said Sixth street for the purpo constructing aid tunnel, and the same shall be placed ai such poinl beneath the surface ol the 124 -troct as public safety and convenience may require, and as shall be prescribed by the Commissioner of Public Works of the Cit) of St. Paul. 1213. Sec. 1. The privilege hereb) conferred shall not at any time be sold, transferred or assigned to any other person, firm or corporation, without the consent of the City of St. Paul, and shall be* held and exercised for the purpose of sup- plying heat and power to the building situated on lots one I 1 ). two (2), three (3) and four (4) of H. L. Carver's Subdi- vision of part of block ten (10), St. Paul Proper, and shall not be use i or employed for any other purpose whatsoever. 1214. Sec. 5. The grantees herein shall not furnish light or heat to- the building situated on lots one (1), two (2), three i 3 i and four (4) of H. L. Carver's Subdivision of part of block ten (1<»). St. Paul Proper, except under written contract with the owner or tenant thereof, and such contract shall provide for a fixed and established charge, which shall, at no time, be less than the actual cost of supplying said heat and light, and said grantees shall keep an accurate set of books of account, which shall at all time truthfully set forth and disclose both the cost of supplying light and heat and the amount charged or received therefor, and said books of account shall at all time be open to the examination and inspection of the City Comptroller of the City of St. Paul. Said grantees shall an- nually on or before the first Monday in February of each and ever_\- year, file in the office of said City Comptroller, a state- ment such as is required by section 27, chapter 4 of the charter of the Cit}- of St. Paul, and said grantees shall likewise and on or before the first Monday in March of each and every year, pay into the City Treasury a license fee in a sum equal to the per cent "of the gross earnings derived or accruing from the exercise and enjoyment of the privilege hereby granted, and at or before the time of accepting this ordinance as here- inafter provided, and before the same shall take effect said grantees shall pay into the City Treasury, as an additional li- cense fee, the further sum of one hundred dollars ($100.00). 1215. Sec. 6. The grantees herein shall execute and de- liver to the City of St. Paul, a good and sufficient bond in the t25 sum of five thousand dollars ($5,000.00) in such form and with such securities as shall be approved by the Corporation At- torney of said city, conditioned for the faithful performance by saiil grantees of all the obligations and conditions hereby imposed. This bond shall be executed and delivered before any of the privileges hereby conferred arc exercised by the grantees herein. 1216. Sec. 7. In the event that the grantees herein shall fail at any time to comply with any of the terms, provisions, conditions or limitations herein contained, the privilege here- by granted shall forthwith terminate and become forfeited to the City of St. Paul, and said city shall have the right to close such tunnel or make such public use thereof as the public in- terests may require. 1217. Sec. 8. Within thirty days after the passage, ap- proval and publication of this ordinance, the grantees herein shall file with the City Clerk their written acceptance thereof, in such form as shall be approved by the Corporation Attor- ney, and within the same period the said grantee shall file in the office of the City Comptroller a certified copy of such acceptance, together with* the bond herein provided for. FREDERICK B. CADY, ET AL. Ordinance No. 2182. I approved April L9, 1901.) 1218. An Ordinance permitting Frederick B. Cady, Schris- tina F. Hanggi and Ernest Medicke, and their lessees to keep lumber for sale and to pile and stack lumber on Lots numbered three (3) and four (4), Block thirteen (13) of Rice & Irvine's Ad- dition to St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. i. Permission is hereby given and granted unto Frederick B. Cady, Schristina F Hanggi and Ernesl Medicke and their lessees, grantees or assigns, to keep lumber, lime and cemenl for sale, and to pile or --tack' lumber upon the fol- lowing tract or parcel of laud, lying and being in the City of St. Paul, County of Ramsey, and State of Minnesota, to-wit: Lots numbered three ( ; >> and four (I), in Block numbered thirteen I L3) of Rice and [rvine's Addition to St. Paul. Pro- vided, however, that the permission hereby granted may be revoked at any time by resolution adopted by the Common Council. Sec. 2. This ordinance shall take effect and be in force from and after its passage. GEORGE W. CAHOON. Ordinance No. 2117. (Approved May 11, 1900. | 1219. An Ordinance granting unto George W. Cahoon permission to use a portion of the levee in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows. Sec. 1. That permission and authority is hereby granted and given unto George AY. Cahoon to use and occupy until July 1, 1916, for manufacturing purposes in the line of his business, to-wit: Manufacturing sheet metal goods, that por- tion of the levee in the Sixth ward of the City of St. Paul described as follows, to-wit: Lot three (3) of block one (1) of Marshall's addition to West St. Paul, now a part of the City of St. Paul. This grant is made upon ttie express condition that the grantee herein named shall pay to the City' of St. Paul, as compensation and rental for the privileges hereby granted, the sum of one (1) dollar per annum for and during the time herein specified, payable annually in advance. 1220. Sec. 2. That permission and authority is hereby given and granted unto said George W. Cahoon to erect, con- struct and maintain on said lots such building or buildings as may be suitable and necessary for use in his said business, which building or buildings shall be built under the direc- tions and according to the instructions of the Building In- spector of said city upon obtaining a permit so to do. Provided, however, that this ordinance shall not be con- strued as guaranteeing or warranting any of the- rights hereby granted. And provided further. That before the expiration of said term said building or buildings shall be removed from said above described premises by said grantee and in case of fail- ure to remove said building or buildings within said time, the same, or such part thereof as may thereafter remain upon said premises shall become the property of said city. 1221. Sec. 3. No right acquired under this ordinance shall be transferred to any other person, company or corpora- tion unless the consent of the Common Council of the City of St. Paul, evidenced by resolution of its Common Council, shall be first obtained, and the rights granted hereby shall not be assignable by operation of law or otherwise, except as hereby provided. 1222. Sec. 4. Said grantee shall and will forever indem- nify and save harmless the said City of St. Paul against any and all damages, judgments, claims, costs and expenses of same which it may suffer, or may be recovered or obtained from or against said city from or by reason of or growing out' of, or resulting from the passage of this ordinance, or any matter or thing connected therewith, or with the exercise by the said grantee of the privileges hereby granted. 1223. Sec. 5. The grantee herein shall, within twelve months after the passage of this ordinance, expend at least the sum of two thousand dollars ($2,000) in the erection of the buildings authorized to be constructed under the terms of this ordinance. 1224. Sec. 6. The said grantee shall, nol later than twelve months after the passage of this ordinance, begin the prosecution of said manufacturing business hereinbefore de scribed on said premises, and during the continuance of this shall continuousl) prosecute the same, and employ dui ing said.period in his business at leasl ten persons; and if dur ing the term of this lease said grantee shall fail for any cessive thirty days to conduct said business as afore aid, and employ said number of pi ! I cit) shall have the 12 S right and optiOu 1>\ resolution, upon thirty -.lays' written no- tice i" said grantee of its intention to do so, to cancel and ter- minate said lease; provided, however, that failure to prose- cute said business aforesaid, caused by floods or damage by tin- or the elements or strikes, shall not be taken as a part of said thirty da\ s. 1225. See. ]. If said grantee shall fail in any respect to comply with the provisions of this ordinance, then all the rights and privileges hereby granted shall be forfeited to said City of St. Paid. 1226. See. s. The said grantee shall file with the City Clerk within thirty days after the publication of this ordin- ance his written acceptance of the provisions hereof, the same to he approved by the Corporation Attorney. Sec. 9. This ordinance shall take effect and be in force from and after its publication and the acceptance hereof as provided in section six ((J) of this ordinance. SAME. Ordinance No. 2194. ( Approved June 20, 1901.) 1227. An Ordinance repealing Ordinance No. 2117, ap- proved May 11, 1900. Whereas, By Ordinance Xo. 2117, approved May 11, 1900, the Common Council of the City of St. Paid did grant unto one George W. Cahoon a conditional lease upon Lot three (3), Plock one (1), Marshall's Addition to West St. Paul, Section 5 of said ordinance providing" that Two Thou- sand Dollars should be expended in the erection of buddings, etc., within twelve months from the date of the passage of the Ordinance, and said lease also prescribing other con- ditions and it appearing that said George W. Cahoon' has not expended the sum of Two Thousand Dollars or any other sum whatever in the erection of buildings on said lot, nor have any of the other conditions of said lease been complied with. The Common Council of the City of St. Paul do or- dain as follows: t29 1228. Sec. 1. That Ordinance No. 2117, approved May 11, 1900, granting a conditional lease to George \\ . Gaboon, upon Lot 3, Block 1. Marshall's Addition to West St. Paul, said lot to be used for manufacturing purposes under certain conditions, be and the same is hereby in all things repealed. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication. A. J. CAMERON & COMPANY. Ordinance No. 2261. (Approved Feb. 24, 1902.) 1229. An Ordinance granting Geo. H. Terrett and A. J. Cameron, doing business under the firm name of A. J. Cameron & Company, the privilege of erecting on the rear of a building known as No. 321 Robert street, in the City of St. Paul, a galvanized iron kitchen. Sec. 1. The Common Council of the City of St. Paul do ordain thai Geo. ]I. Terretl and A. J. Cameron, doing busi- ness under the firm name and style of A. J. Cameron \- Com- pany, be and they are hereby authorized and empowered to build and erect a galvanized iron kitchen as an addition to the rear of that certain building known and designated as No. 321 Robert street, in the said City of St. Paul; the same being now used by said A. J. Cameron Ov Company a^ and for the Delicatessen Restaurant. Sec. 2. This ordinance shall take effeel and be in force from and after its passage. I.-'I A. CATHCART. Ordinance No. 1905. (Approved February '■'>. 1897.) 1230. An Ordinance granting permission to Alexander Cathcart to string not to exceed two electric wires across Fifth street, between Wabasha and St. Peter streets. The Common Council of the City of St. Paul do ordain as follows, to- wit : Sec. 1. That permission and authority are hereby granted unto Alexander Cathcart and his assigns to string, erect and maintain not to exceed two electric wires from the Germania Bank building and across Fifth Street, between Wabasha and St. Peter streets, for the purpose of supplying one or more of the buildings on the north side of the said Fifth Street with electric light and power. The said electric wires shall be so erected and maintained under the supervi- sion of the City Engineer. Sec. 2. This ordinance shall be in force and effect from and after its passage ; subject to the order of the Common Council. CENTRAL WAREHOUSING COMPANY. Ordinance No. 2296. (Approved August ', . 1902.) 1231. An Ordinance authorizing the construction and maintenance of a railway spur track across Terri- torial road in said City of St. Paul where the same intersects Lot "A" of the Minnesota Transfer Ad- dition to the City of St. Paul extended across said road. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That authority and permission are hereby given to the Central Warehousing Company, a corporation, to erect and maintain a railway spur track on and across the Territorial road in the City of St. Paul at a place where the said road would he intersected if Lot "A." of the Minnesota Transfer Addition tew the City of St. Paul were extended across said road, and to operate freight cars thereon for the purposes of receiving and discharging merchandise, and thereby aiding and serving the convenience of those engaged in and desiring to engage in manufacturing enterprises along the line of said street. 1232. Sec. 2. The Common Council hereby reserves the right to repeal this ordinance and direct the removal of said track from said Territorial Road at any time upon ninety i'.hi i days' notice to the said Central Warehousing Com- pany. Sec. •'!. This ordinance shall take effect and be in force from and after its passage, approval and publication. C. L. CHRISTIANSON. Ordinance No. 2276. (Approved April K. 19t)2. i 1233. An Ordinance granting permission to C. L. Chris- tianson to construct a barn upon the rear of Lot 15, Block 8, Auerbach and Hand's Addition to the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec 1. That permission be, and it is hereby givei I L. Christianson to ereel and construcl upon the rear of l.oi ].".. Block 8, Auerbach and Maud's Addition to the City of St. Paul, a frame bam. the same i" be constructed under the direction and subjeel to the -supervision of the Building Inspector of -aid City of St. Paul, and said Building In- spector is hereb) authorized to issue a proper permil then See. 2. This ordinance shall take effeel and be in from and after its passage, approval and publication. CLARK, GREENLEAF. Ordinance No. 2311. (Approved October -A, "1902.) 1234. An Ordinance granting to Greenleaf Clark the right to lay a steam pipe across Minnesota street, in the City of St. Paul, for the purpose of conducting steam. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. 'That there is hereby granted to Greenleaf Clark. the owner of that certain four-story brick building situate on lots one (1) and two (2), of the block nineteen (19), of St. Paul Proper, the right to tunnel under Minnesota street from said building aforesaid to the Skidmore block, situate on lot number six (6), in block number eighteen (18), of St. Paul Proper, and to place and maintain therein, for a period of twenty-five years from the passage of this ordi- nance, a steam pipe, for the purpose of conveying steam from said Skidmore block to said building situate on said lots one (1) and two (2), of said block nineteen (19), St. Paul Proper, and to supply said last-named building with steam during said period, upon condition, however, that said Greenleaf Clark and his assigns shall comply with all the provisions of this ordinance. 1235. Sec. 2. The grantee herein and his assigns, within the period of thirty (30) days after the passage and publi- cation of this ordinance, shall file in the office of the City Clerk, in the City of St. Paul, written acceptance thereof, the same to be in such form and shall be approved by the Corporation Attorney, and shall construct said tunnel and connect said buildings with the proper steam pipes, to be laid therein within the period of two (2) months from the passage and publication of this ordinance. 1236. Sec. 3. Said tunnel shall be constructed, and said steam pipe placed therein, under direction of the Commis- sioner of Public Works of the City of St. Paul, and shall be constructed in such manner as he shall direct, and the 133 grantee herein, his successors and assigns, shall forever keep and bear harmless the City of St. Paul from any and all damages, costs and expense in any manner arising out of the construction and maintenance of said tunnel and steam pipe. 1237. Sec. -i. The rights and privileges hereby granted shall be held and exercised by the grantee herein, his suc- cessors and assigns, subject to all the conditions and limi- tations contained in the Charter of the City of St. Paul, including the filing of the statements provided for in sec- tion 27, chapter IV., of said charter, and the payment of a license fee of five (5) per cent of the gross earnings arising from the sale of steam or heat of said building so to be sup- plied under the provision hereof, or in any manner accruing from the exercise and enjoyment of the rights and privi- leges hereby granted. 1238. Sec. 5. The rights and privileges conferred by this ordinance shall not in any manner, directly or indirectly, be sold, assigned, leased, or in any way transferred to any other person, company, corporation or association, without first obtaining the consent of the Common Council of said city, by resolution dtdy passed for that purpose. 1239. Sec. 6. In case the grantee herein, his successors or assigns, shall al any time tail to comply with, or in the of a breach by them of any of the terms, provisions, conditions or limitations contained in or provided for in this ordinance, all the rights and privileges hereby granted forth with shall terminate and become forfeited to the Cit\ of St. Paul without any further act or ceremony whatever. 7. This ordinance shall take effect and be in force from and after its approval, publication and acceptance, as hereinbefi ire provided. COLUMBIA ELECTRIC COMPANY*. Ordinance No. 1566. (Approved December 38 3 L891.) 1240. An Ordinance authorizing the Columbia Electric Company to erect poles and string telephone wires thereon, on Maryland street, from Payne avenue to Edgerton street, and thence on Edger- ton street to Minneapolis avenue. The Common Council of the City oi St. Paul do ordain as follows : Sec. 1. There is hereby granted to the Columbia like- trie Company the authority, right and privilege to erect and maintain poles and telephone wires on Maryland street, from Payne avenue to Edgerton street, thence on Edgerton street to Minneapolis avenue, subject to all the ordinances now governing the Northwestern Telephone Exchange Company; the work to he done under the authority and direction of the city engineer of the City of St. Paul. 1241. Sec. 2. The Columhia Electric Company shall give a bond in the sum of five thousand dollars ($5,000), subject to the approval of the mayor and corporation attorney, to save the City of S.t. Paul harmless from any accident or damage that may be occasioned .in the erection and mainte- nance of said poles and wires. 1242. Sec. -'5. The common council of the City of St. Paul shall have the right and authority at any time to repeal this ordinance, and within ten (10) days after the repeal of this ordinance the Columbia Electric Company shall remove from said streets all poles and wires erected by it. Sec. 4. This ordinance shall take effect and be in force from and after its approval. ( Rights forfeited by Resolution of the Common Council, approved May 20, 1000.) 435 CRESCENT CREAMERY COMPANY. Ordinance No. 1769. (Approved August 10, 1894.) 1243. An Ordinance granting the Crescent Creamery Company a lease of a portion of the levee in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority is hereby given and granted unto the Crescent Creamery Company to use and occupy from tins date until notified to remove therefrom that portion of the levee in the Sixth ward, in the City of St. Paul, described as follows, to-w'it: A parrel of ground een (-16-) feet wide by twenty-five (25) feet long, directly north of the present frame stable owned and occupied by said company at tin's time upon said levee, said stable being north of the railroad track running along said levee, and southeasterly corner of which stable is six and seventy- six one-hundredths (6.76) feet westerly of a point on the center line of Custer street, located fifty-two and seventeen one-hundredths (52.17) feet north of the south line of the levee, said stable extending from said southeasterly corner thereof twenty-four and two-tenths (24.2) feet wesl and sixty and three-tenths (60.3) feet north. A plat of said Stable, and it- location, is hereto attached, marked K\ hibit A. and made a pari of this ordinance for the purpose of more perfectly identifying the local ion. This lease and permission are made by and in behalf of the City of St. Paul upon the express conditions and terms ■ t f< >rth, t< »-wit : hirst The said lessee above named, its successors and [ns, shall pay to the City of St. Paul, as compensation and rental for the privileges hereby granted, the sum of one dollar (Si i per annum, payable annually in advance, for and during the t ime hen in spei ified. Second Said lessee shall erecl upon said premises and maintain thereon a well painted. n> at and* substantial build- to be appr< ived 1>v the building ins] ■• t he ( V 136 St. Paul, and to be built according to the rules of said build- ing inspector. Third — The said lessee shall, within thirty (30) days after the passage of this ordinance accept the same and pay the amount above specified for the first year's rental thereof into the city treasury. And it is expressly understood and agreed that if at any time the City of St. Paul shall see fit it may rescind this lease and may return to said lessee the proportional amount of the annual rent which may be in the treasury of the City of St. Paul for the unexpired balance of any year in which said rescission shall occur. Fourth — It is agreed that within thirty (30) days after the rescission of this lease and permit the lessee above named, its successors or assigns, shall remove said building from said premises, and that if it fail so to do for a period of thirty (30) days after the rescission of this permit, said building shall become the property of the City of St. Paul. Fifth — Said lessee, its successors or assigns, shall for- ever indemnify and save harmless the City of St. Paul from any and all damages, judgments, claims, costs and expenses which said city may suffer, or which may be recovered or obtained from or against said city by reason of, or growing out of. or resulting from, the passage of this ordinance, or the performance or transaction of any matter or thing con- nected therewith, or mentioned therein. Sixth — The rights hereby granted to said Crescent Creamery Company shall not be transferred without the ap- proval of the Common Council of the City of St. Paul, and if a transfer is made of any kind, either voluntary or invol- untary, by legal proceedings or otherwise, the City of St. Paul reserves the right to declare this lease rescinded, and if such transfer is made without permission of the common council the building upon said land shall become the prop- erty of the City of St. Paul. 1244. Sec. 2. This ordinance shall not be considered or construed in any manner as guaranteeing or warranting any of the rights hereby attempted to be granted to the above named lessee. I:;; Sec. 3. This ordinance shall take effect and be in force from and after its passage and publication. JOHN J. DANNER. Ordinance No. 2074. (Approved September 23, 1899.) 1245. An Ordinance granting unto John J. Danner per- mission to use a portion of the levee in the Sixth ward, in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority be and the same is hereby given unto John J. Danner to use and occupy, for the full period of twenty-five (25) years from the date of the passage of this ordinance, for the purpose of manufac- turing iron and wire fencing, lire escapes, wire and iron cages, iron railings, and other goods incidental to said busi- ness, that portion of the levee in the Sixth ward, in the City of St. Paul, described as follows, to-wit : All of lot five (5), and the westerly twenty-five feet of lot four (4), of block "B," of Robertson's Addition to West St. Paul, according to the plat thereof on file in the office of the Register of Deeds of Ramsey County, in the City of St. Paul, in the State of Minnesota. This grant and permission are made by and on behalf of the City of St. Paul upon the express con- ditions and terms hereinafter set forth, to-wit : First- The said grantees above named shall pay to the City of St. Paul, as compensation and rental for the privi- leges hereby granted, the sum of one dollar (SI | per annum. payable annually in advance for and during the time herein specified. Second Said grantee shall ereel upon said premises, and maintain thereon, a main building at leas] fort} I l (, i feet in width by one hundred (100) feel in length, and sneh other buildings as the conduct of their business shall hereafter require. All of said buildings shall !><■ buill of brick and stone, and shall he built under and upon plans approved by the Building Inspector of said city, upon obtaining a proper i:;s permit therefor. Said buildings shall be used for the manu- facturing purposes above sel forth, and in connection there- with: provided, however, that the chimneys and smokestacks shall extend at least fifty (50) feet above the grade of the - adjacent thereto, and provided that the Common Council <>f the City of St. Paul may. by special resolution, permit the erection by said grantee of buildings of a dif- ferent character and material to those- above set forth. Third — The grantee herein named -hall complete said building and have said business in full operation within twelve (12) months from the passage of this ordinance, and within ninety (90) days after the expiration of the terms of the lease herein granted said building or buildings shall be removed from said above described premises by said grantee, and in ease of failure to remove said building or buildings within said time the same, or such part thereof as may here- after remain on said premises, shall become the property of the City of St. Paul. Fourth — Said grantee shall, and forever will, indemnify and save harmless the City of St. Paul against an}- and all damages, judgments, claims, costs and expenses of the same which said city may suffer or which may be recovered or obtained from or against said city from or by reason of, or resulting from, or growing out of, the passage of this ordi- nance, or the performance or the transaction of any matter or thing connected therewith, or mentioned herein, or with the exercise by said grantee of the privilege hereby granted. Fifth — The said grantee shall, in the prosecution of the manufacturing business to be carried on upon the property leased to him under this ordinance, constantly keep employed, throughout the entire period for wdiich said property is leased, not less than fifteen (15) adult persons, all of whom shall be residents of the City of St. Paul. 1246. Sec. 2. This ordinance shall not be considered or construed as in any manner guaranteeing or warranting any of the rights hereby granted, nor the title of any of the land herein described. 439 1247. Sec. .">. All the piling, riprappirig and filling neces- sary to be done on the land above described shall be let to St. Paul contractors, or be performed by persons and laborers residing in the City of St. Paul. 1248. Sec. I. If said grantee shall fail in any respeel to comply with the provisions of this ordinance, then all the rights and privileges herein granted shall immediately be forfeited to the City of St. Paul, and this grant or lease hereby terminated or forfeited. 12*9. Sec. 5. All buildings placed on said lands, as herein provided, shall be personalty for the purpose of taxation, and said grantee agrees to pay all taxes which may be levied or ssed against said buildings, and in case said grantee shall allow said taxes to remain unpaid till the date of the tax sale thereof, then all the rights and privileges hereby granted shall revert to the City of St. Paul, and this lease shall there- upon terminate. 12-50. Sec. (i. The said grantee shall, not later than twelve i 12) months after the passage of this ordinance', begin the prosecution of said manufacturing business hereinbefore described on said premises, and if during the term of this base >hall fail for any successive thirty (30) days to con- duct said manufacturing business as aforesaid, then said city shall have tin- right ami option, by resolution, upon thirty (30) days" written notice to said grantee of its intention so to do, to cancel and terminate said lease ; provided, that fail lire to prosecute said business aforesaid caused by Rood or damage b) fire or the elements, or strike, shall not he taken a :i pari of said thirt \ ( 30 i days. 1251. See. ■ . If said grantee shall fail to comply with any of the provisions of this ordinance, then said cit) has the right and option, on giving thirt) (30) days' written notice to grantee of its intention so to do, to terminate and forfeil this • ; provided, thai in case this lease is forfeited b) said city or otherwise for any reason, then said grantee shall have the righi during thi si s (6) months nexl following such feiture to remove its machinery, propert) and improvements from said pnini I III 1252. See. 8. Ml rights hereby granted shall at all times be subject to all ordinances of said City of St. Paul, in force, or which may hereafter he passed, and no rights acquired under this ordinance shall be transferred to any other party unless the consent oi the Common Council of said city shall be first obtained. 1253. Sec. 9. Saul grantee shall file with the City Clerk of said city, within thirty (30) days after the publication of this ordinance, their written acceptances of the provisions thereof, and as agreement to perform all of said terms there- of, the same to he approved by the Corporation Attorney. Sec. 10. This ordinance shall take effect and he in force from and after its passage, publication and acceptance, as provided therein. SAME. Ordinance No. 2108. i Approved May 4, 1900.) 1254. An Ordinance consenting to the transfer and assign- ment unto Frederick H. Danner of the rights and privileges acquired by John J. Danner, under Ordinance No. 2074, of the General Ordinances of the City of St. Paul, entitled "An Ordinance granting unto John J. Danner permission to use a portion of the levee in the Sixth ward, in the City of St. Paul," approved September 23, 1899. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. "Whereas, by Ordinance Xo. 2074, of the General Ordinances of the City of St. Paul, entitled "An Ordinance granting unto John J. Danner permission to use a portion of the levee in the Sixth ward, in the City of St. Paul," approved September 23, 1899, the Common Council of the City of St. Paul did grant to John J. Danner permission and authority to use and occupy, for the period of twenty-five f25) years, for the purpose of manufacturing iron and wire fences, fire escapes, wire and iron cages, iron railings, and 1 11 other goods incidental to said business, that portion of the levee in the Sixth ward, in the City of St. Paul, described as follows, to-wit : All of lot five (5), and the westerly twenty-five (25) feet of lot four I 1), of block "B," of Robertson's Addition to West St. Paul, according to the plat thereof on file in the office of the Register of Deeds in Ramsey County, in the City of St. Paul, in the State of Minnesota, subject to the provi- sions of said Ordinance No. 2074; and "Whereas, said Ordinance No. 2014 was accepted by John J. Danner by filing his written acceptance thereof in the office of the City Clerk on the 13th day of October, 1899; and Whereas, said John J. Danner desires to transfer and assign to Frederick H. Danner all of the rights and privi- leges acquired by him under said Ordinance No. 2074. Permission and authority is hereby granted to said John J. Danner to assign and transfer to said Frederick II. Dan- ner all the rights and privileges granted to and acquired by said John J. Danner by said Ordinance No. 2071: and the Common Council of the City of St. Paul does hereby consent such transfer and assignment, subject, however, to the compliance of said Frederick II. Danner, from the time this ordinance shall go into effect, with the terms, conditions and privileges of said Ordinance No. 2074 In lie by --aid John J. Danner complied with, and subject to all the rights reserved to the City of St. Paul by the provisions of said ordinance. 1255. Sec 2. Thai said Frederick II. Danner shall file with the City Clerk of said city, within thirty (30) days after the passage ami publication of this ordinance, his written acceptance of the provisions thereof, and an agreement to perform all of said terms thereof, the same to be approved by the C< irporal ii >n \t t< >rney. Sec. :;. This ordinance shall take effect and be in force from and after its passage, publication and acceptance, as provided herein. THOMAS DAVIS. Ordinance No. 1780. i Approved ( October 6, 1894. » 1256. An Ordinance granting unto Thomas Davis per- mission to use a portion of the levee in the Sixth ward, in the City of St. Paul. rhe Common Council of the City of St. Paul do ordain as follows: Sec. 1. That permission and authority be and the same is hereby given unto Thomas Davis, his heirs, executors, administrators or assigns, to use and occupy, for the full period of fifty (50) years from the date of the passage of this ordinance, for the purpose of constructing and manu- facturing steam and hot water boilers, heaters and radiators, and other articles composed or manufactured wholly or in part of iron or metal, that portion of the levee in the Sixth ward, in the City of St. Paul, described as follows, to-wit : Lots five (5) and six (6), of block two (2), of Marshall's Addition to West St. Paul, according to the plat thereof on file in the office of the register of deeds of Ramsey County, in the State of Minnesota. This grant and permission are made by and on behalf of the City of St. Paul upon the express conditions and terms hereinafter set forth, to-wit: First — The said grantee above named, his heirs, executors, administrators or assigns, shall pay to the City of St. Paul, as compensation and rental for the privileges hereby granted, the sum of one dollar (SI) per annum, payable annually in advance, for and during the time herein specified. Second — Said grantee shall erect upon said premises, and maintain thereon, a main building forty-five (45) feet in length, and such other buildings as the conduct of his busi- ness shall hereafter require. All of said buildings shall be of brick and' stone, or of brick or stone, and shall be built under and upon the plans approved by the building inspector of the said city, upon obtaining a proper permit therefor. Said buildings shall be used for the manufacturing purposes above set forth, and in connection therewith ; provided, how- ever, that the chimneys and smokestacks, if any there be, 1 1.'. to be used on said buildings shall extend at least twenty- five (25) feet above the grade of the streets adjacent thereto; and provided, that the common council of the said City of St. Paul may, by special resolution, permit the erection by said grantee of buildings of a different character and material to tlmse ah* »ve set f< >rth. Third — The grantee herein named, his heirs, executors, administrators or assigns, shall complete said buildings and have said business in full operation within twelve (12) months from the passage of this ordinance, and before the expiration of the term of the lease herein granted said build- ing or buildings shall he removed from said above-described premises by said grantee, and in case of failure to remove said building or buildings within said time the same, or such part thereof as may thereafter remain on said premises, shall become the property of the City of St Paul. Fourth Said grantee, his heirs, executors, administra- tors or assigns, shall and will forever indemnif) and save harmless the City of St. Patd against any and all damages. judgments, claims, costs and expenses of the same which said city may suffer, or which may he recovered or obtained from or against -aid city from, or by reason of, , ,r growing out of, or resulting from, the passage of this ordinance, or the per- formance" or transaction of any matter or thin- connected therewith, or mentioned therein, or with the exercise hy -aid grantee of the privileges hereby granted. 1257. Sec. '.'. This ordinance shall no1 he considered or construed a- in any manner guaranteeing or warranting an\ of the rights hereb) granted, nor the title of an_\ of the land- herein des< ribed. 1258. Sec. 3. All piling, rip-rapping and filling necessar) to be done on the land above described shall he lei to Si. Paul contractors, or be performed 1>\ persons and laborers cesid ing in the City of St. Paul, and all tin- brick "i stohe used in the construction of an) of the said buildings constructed on -aid premises -hall he nf Si. Paul manufai ture, ■>! quarried in -aid city. 1 1 1 1259. Sec. I. It" said grantee, his heirs, executors, admin- istrators or assigns, shall fail in any respect to comply with the provisions of this ordinance, then all the rights and privi- leges herein granted shall immediately be forfeited to the City of St. Paul, and this grant or lease be thereby terminated and I trfeited. 1260. See. 5. All buildings placed on said land, as herein provided, shall be personalty for the purpose of taxation, and said grantee, for himself, his heirs, executors, administra- tors and assigns, agrees to pay all taxes which may be levied or assessed on said buildings, and in case said grantee, his heirs, executors, administrators or assigns, should allow said taxes to remain unpaid till the date of the tax sale thereof, all the rights and privileges hereby granted shall revert to the City of St. Paul, and this lease shall thereupon terminate. 1261. Sec. 6. The said grantee, his heirs, executors, ad- ministrators or assigns, shall, not later than twelve (12) months after the passage of this ordinance, begin the prose- cution of said manufacturing business hereinbefore described on said premises, and, during the continuance of this lease, shall continuously prosecute the same, and if during the term of this lease said grantee, his heirs, executors, administrators or assigns, shall fail for any thirty (30) successive days to conduct said manufacturing business as aforesaid, then said city has the right and option, by resolution, upon thirty (30) days' written notice to said grantee of its intention so to do, to cancel and terminate said lease ; provided, that failure to prosecute said business as aforesaid, caused by flood or dam- age by fire, or the elements, or strike, shall not be taken as a part of said thirty (30) days. 1262. Sec. 7. Said grantee shall file with the clerk of said city, within thirty (30) days after the publication of this ordinance, his written acceptance of the provisions thereof, and an agreement to perform all of the terms thereof, the same to be approved by the corporation attorney. Sec. 8. This ordinance shall take effect and be in force from and after its passage, publication and acceptance, as provided herein. 445 KEOKUK NORTHERN LINE PACKET COMPANY AND DIAMOND JO LINE OF PACKETS. (Approved July 23, 1873.) 1263. An Ordinance to provide for tne improvement of the public levee. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. The Keokuk Northern Line Packet Company, now navigating the Mississippi river, and the Diamond Jo Line of packets, now navigating said river, or their successors or assigns, are hereby permitted to erect a warehouse one (1) story high, and three hundred (300) feet long by forty (40) feet wide, on the public levee in the City of St. Paul, com- mencing at the water line, at the east line of Jackson street, to the west line of Sibley street, running three hundred (300) feet east and on a parallel line with the outer piles at the so-called Sioux City depot warehouse, and the outer piles of what is called Hill's warehouse. 1264. See. 2. The Keokuk Northern Line Packet Com- pany to have the use of the west two hundred (200) feet, and the Diamond Jo Line to have the use of the east one hundred (100) feet of said warehouse, which warehouse shad be constructed in a neat, substantial and workmanlike man- ner, and to the acceptance of the common council of St. Paul. 1265. Si goods, wares, merchandise and persons, and in no way to be used for purposes of trade or traffic by an\ per son or persons connected with said packet companies or their agents, servants, employes, successors or assigns. 1266. Sec. I. No goods, wares or merchandise shad be allowed to be or remain in said warehouse for a longer period than forty-eighl I L8) hours, exclusive of Sunday. And any transient boai coming to tins city with a cargo, when there should n«»t be any safe and convenient place elsewhen said public levee to land and discharge cargo between the wesl side of Roberl streel and the easl side of Sibley sti they shall be allowed to discharge cargo and passer : i-g of charge at the mosl convenient point in said warehouse, subject to the same rules and regulations governing the said packet companies herein above named. 1267. See. 5. lf r said packet companies, or either of them. should cease to do business as now known, or as now called, 01 as now organized, these privileges may be extended to their sue ir assignees upon such terms and conditions as the city council o\ the City of St. Paul deem equitable, just or expedient, and for the public good; but these privi- l - shall in no event be transferable by said packet com- panies, except b) the consent of the city council of St. Paul. 1268. Sec. 6. That so much of the lire ordinances of the City of St. Paul as restricts persons from constructing ■ len buildings within certain limits, so far as the same affects this said warehouse, at said public levee be, and the same is hereby, repealed. That this ordinance shall not be construed to limit or restrict the powers of the common council, as they are prer scribed in the twenty-second (22d) and twenty-third (23d) subdivisions of section three (3), chapter four (4), of the Charter of the City of St. Paul, approved March (i. 1868, if said council shall deem it necessary for the public good. 1269. Sec. 7. The common council reserves the right to enforce all its police regulations over, in and through said warehouse, and to alter, modify or repeal this ordinance when the public interest require it. 1270. Sec. 8. It shall be the duty of said packet com- panies, or their assigns, to keep the approaches to said ware- house both from the land and water side safe, convenient and secure at all times for the free egress, ingress and regre>s of »ns and such vehicles as may be necessary to facilitate the deposit, delivery and transfer of goods, wares, merchan- dise and passengers to and from the boats and said ware- house, free of all tolls, assessments, wharfage or charges. If at any time either of said steamboat companies or lines should have their respective parts of said warehouse full of freight, and temporarily have use for more room, and the other end or side have spare room not in use, then either i Vi may. under such circumstances, be allowed to unload on, or in. each other's pa'rt on such reasonable terms as they nun- agree upon, but in case storms or rain shall make it neces- sary for either of said lines to secure their freights before delivery to the owner or consignee, then each shall have this temporary privilege without charge to either. This ordinance to take effect and be in force from and after its publication. DIAMOND JO LINE STEAMERS. Ordinance No. 619. i Approved Feb. is. 1886. 1 1271. An Ordinance granting to the Diamond Jo Line steamers the use of a certain portion of the public levee of the City of St. Paul, for warehouse facili- ties for the time, upon the terms and conditions herein specified. The Common Council of the City of St. Paul do ordain as foil* >\\ - : Sec. 1. That permission and authority is given the Dia- mond Jo Line steamers, a company engaged in the carrying of freight and transportation of passengers, with steamboats on the Mississippi and 'other rivers, to use and occupy, for the period of ten (10) years from the 1st da\ of March, 1886, all that part of the public levee of the City of St. Paul de- scribed as follows, viz.: Commencing at a point on the bank of the Mississippi river sixty-six (66) feel wesl of the west line of Keokuk Northern Line Packel Company's warehouse upon said levee, and on a line with the row of piling in fronl of said warehouse if extended westerl) : thence one hundred and sixty-five (165) feet westerly, and in a direct line of the outside face of Pier No. 3 of Roberl streel bridge to a point: thence northerly and al righl angles to said line fift} (50) Feel to a point; theno and parallel with the firsl above mentioned line one hundred and sixty ii\ I I6. r >) ti a point; thence southerly al righl angles ( el to the point and place of beginning, upon which said piece and parcel of laud said Diamond Jo Line ereb> I is authorized and permitted to erect and construct a one-story frame warehouse, which shall be covered and enclosed with corrugated iron before used for any purpose. Said Diamond Jo Line steamers, as rent for the above described land, piece and portion of said levee, is to pay into the city treasury of the City of St. Paul, at the date and time of its acceptance hereof, the sum of five dollars ($5), and annually thereafter the like sum of five dollars ($5) is to be paid into the city treasury aforesaid by said line as the annual rent thereof. 1272. Sec. 2. The foregoing permission and authority to occupy that part of the public levee hereinbefore described, by the Diamond Jo Line steamers, is granted upon the fur- ther express conditions following, to-wit : First--— That the warehouse constructed upon the herein above described piece or parcel of said public levee shall be a neat, substantial building, and built in a good and work- manlike manner, and to the acceptance and satisfaction of the inspector of buildings of the City of St. Paul, and of the material specified in section one (1) of this ordinance. Second — That said warehouse shall be used for no other purpose than for the transfer of goods, wares and merchan- dise and persons shipped or transported by or upon vessels navigating the Mississippi river and its tributaries, and shall in no way be used for purposes of trade or traffic by any per- son or persons. Third — That no goods, wares or merchandise shall be allowed to be or remain in said warehouse for a longer period than four (4) days, exclusive of Sundays, and any transient boat coming to this city with a cargo shall be allowed to dis- charge its cargo and passengers free of charge at the most convenient point in said warehouse. Fourth — That the said Diamond Jo Line steamers shall keep the approaches of said warehouse, both from the land and water side, and also the ends thereof, convenient and se- cure at all times for the free egress, ingress and regress of persons and vehicles as may be necessary ami required to fa- cilitate the deposit, delivery and transfer of goods, wares, merchandise and passengers to and from the boats of said warehouse free of all tolls, assessments, wharfage or charges. 149 Fifth— That the said Diamond Jo Line steamers will re- linquish and surrender to any steamboat company at any time the common council may so order, so much of said warehouse as the common council may deem for the best interest of steamboat navigation and the city, upon said steamboat company paying its pro rata share to said Diamond Jo Line steamers of the costs of the building and improvements for the part used by it. Sixth — That said Diamond Jo Line steamers shall pave all of the levee in front of its said warehouse to the railroad tracks and also one-half of Jackson street from the railroad tracks to the Mississippi river, of such material as may be ordered by the city engineer, at its own cost and expense. 1273. Sec. 3. That this ordinance shall not in any man- ner limit or restrain the powers of the common council as they are prescribed in the twenty-second (22d) and twenty- third (23d) subdivisions of section three (3), chapter four (4) of charter of said City of St. Paul, approved March 5, 1874, being consecutive section number seventy-nine (79), Muni- cipal Code of St. Paul 1884, if said council shall deem it nec- essary for the public good, 1274. See. 1. That the permission and authority to erect said warehouse granted by this ordinance to the Diamond Jo Line steamers shall in no even! he assigned or transferred to any other person, compan) or corporation excepl with the enl of tin- common council of the City of St. Paul, and any assignment shall operate as a repeal of this ordinance. 1275. Si-.-. 5. The Common Council reserves the righl to enforce all its police regulations over, in and through said warehouse and to alter, modify'or repeal this ordinance when tin- public interesl requires it to hi' di >ne. 1276. Sec. 'J. The Diamond Jo Line Steamers shall, with in thirt) i 30 i da) s from and after the p irdi name, tile with the cit\ clerk of said City of St. Paul a no- tice or resolution or agreement, in its usual form of execut nis obligatory upon itself, accepting 'in ordin- ance, together with and upon the terms and conditions herein lined, ami if said I Hamond [o Lin hall net I. Ml or refuse to accept this ordinance or comply with the terms thereof all and singular as aforesaid, then this ordinance shall be void and of no effect. Sec. 7. This ordinance shall be in force from and after its passage. SAME. Ordinance No. 1337. (Approved May 21, 1890.) 1277. An Ordinance granting to the Diamond Jo Line steamers and St. Louis, St. Paul & Minneapolis Packet Company, certain franchises, easements and privileges upon, in and to the public levee in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. '1 hat there is hereby granted to the Diamond Jo Line steamers, ami to the St. Louis, St. Paul & Minneap- olis Packet Company, their successors and assigns, the right i i use by them respectively of the following described prem- - situated in said city, to-wit : Commencing at a point of the east line of. Jackson street where the same intersects the low water mark of the Missis- sippi river; thence easterly down said river to the westerly hue of Sibley street ; thence northerly along said westerly line of Sibley street to a point twenty (20) feet south of the southerly railroad track extending from Sibley to Jackson street : thence westerly and parallel with the line of said southerly railroad track to the east line of Jackson street; thence southerly along the east line of Jackson street to the place of beginning, whereon said paclfet companies have here- tofore erected and are now occupying their steamboat ware- house, but said right is granted in the following proportion and allotment, to-wit: To the said Diamond Jo Line steam- ers, the easterly one hundred (100) feet of the premises above described, ami to the said St. Louis, St. Paul & Minneapolis Packet Company, the westerly two hundred (200) feet of said premises, for and during the full term of thirty (30) years, from and after the first day of June, 1890. 1278. See. - i. Said packet company shall pay as rent of the above-mentioned premises as follows: Said Diamond Jo Steamboat Line the sum of Thirty-three dollars and thirty- three cents ($33.33) per annum, and the said St. Louis. St. Paul & Minneapolis Packet Company the sum of sixty-six dollars and sixty-six cents ($66.66) per annum, above sum to be payable at the office of the city treasurer in said City of St. Paul, on the first day of June of each and every year dur- ing the term aforesaid, and no buildings now or hereafter erected upon said premises by either of said packet compan- ies, their successors or assigns, shall be removed therefrom so long as any rent shall be due and unpaid. 1279. See. 3. The buildings now standing upon said premises, and any and all buildings hereafter enlarged or ted thereon, shall be used only for the transportation and transfer of goods, wares, merchandise and persons, and in do way used for purposes of trade by any person or persons eon netted with said packet companies, of their agents, servants, employes, successors or assigns. 1280. Sec. 1. No goods, wares or merchandise not trans ported by said packet companies, their successors, or assigns, or belonging to them, shall be allowed to be or remain in said warehouse or the buildings now or hereafter erected upon said premises for a longer period than forty-eighl i t8) hours, lusive of Sundays, withoul paymenl oi a personal ch; therefor to said parties of second part respectively, according to the portion of the premisi cupied; but any transient boat coming to the City of St. Paul with a cargo, when there shall not be any safe and convenient place elsewhere on the public levee to land and discharge cargo between the wesl of Robert street and the cas1 side of Sibley street, shall be allowed to dischargi cargo and pa sengers free ,ol cl at the most convenient point upon said premises or the ware house now or hereafti i n during its us< such warehouse b) said parties of th< ubjeel to the same rules and regulations as govern said packet com to 2 panies above named, and so far as the same can be reason- ably done without prejudice to the proper use of said premises 1>\ said packet companies, their successors and assigns. 1281. Sec. 5. Said Qity of St. Paul shall have, and it here- by reserves, the right to enforce all its police regulations over, in and to said warehouse during the continuance of said term. 1282. Sec. 0. It shall be the duty of said packet compan- ies, their successors and assigns, to keep the approaches to said warehouse during the period of its occupancy by them both from the land and water side, safe and secure at all times for the free egress and ingress of persons and such vehicles as may be necessary to facilitate the deposit, de- livery and transfer of goods, wares, merchandise and passen- gers to and from their boats and said warehouse, free of all tolls, assessments, wharfage or charges. 1283. Sec. 7. If at any time either of said steamboat companies or lines should have their respective parts of said warehouse full of freight, and temporarily have use for more room, and the other end or side have spare room not in use then either may, under such circumstances, be allowed to un- load on or in each other's part on such reasonable terms as they may agree upon; but in case storms or rain shall make it necessary for either of said lines to secure their freights before delivery to the owner or consignee, then each shall have this temporary privilege without charge to either. 1284. Sec. 8. The right and privileges acquired under this ordinance shall not be transferred or assigned to any per- son or company without first obtaining the consent of said common council. 1285. Sec. 9. All buildings and warehouses that may hereafter be erected on said premises shall be constructed in a neat, substantial and workmanlike manner and to the sat- isfaction of the said common council. 1286. Sec. 10. This ordinance shall not be construed to limit or restrict the powers of the common council as they are prescribed in the twenty-second and twenty-third sub-j 453 divisions of section three (3), chapter four (4), and the char- ter of the City of St. Paul, approved March 5, is; 1, it' said council shall deem it necessary for the public good, 1287. Sec. 1-1. All ordinances or part of ordinances or resolutions conflicting with the terms of this ordinance are hereby repealed. 1288. Sec. 12. The terms and provisions of this ordin- ance shall be accepted in writing by said companies within thirty (30) days after its publication. Sec. 13. This ordinance shall take effect from and after its publication and acceptance in writing by said packet com- panies. Passed May 20, 1890. SAME. Ordinance No. 1898. (Approved December 2, 1896.) 1289. An ordinance granting to the Diamond Jo Line steamers the use of a certain part and portion of the public levee of the City of St. Paul, for warehouse facilities, for the times and upon the terms and conditions herein specified. The Common Council of the City of St. Paul do ordain as follows. Sec. 1. That permission and authority is hereby given the Diamond Jo Line Steamers, a company engaged in the car- rying of freighl and transportation of passengers with steam boats on the Mississippi and other rivers, to use and occupy* for the period of twenty years from the first day of March, \. I). L896, all that pari of the public levee of the Cit) of St Paul, described as f< >11< >ws, viz : Commencing at a point on the bank of the Mississippi river sixty six feel wesl of the line of the warehouse formerly belonging to the Keokuk Northern Line Packet Company, upon said levee, and on a line with the rbw of filing in fronl aid warehouse, if extended westerl} ; thence one nun dred and sixty five feet westerl) and in a direct line of the outside face or pier number 3 of the Roberl streel bridge, to [54 .. point; thence northerl} and at right angles to said line fifty feel to a point; thence easterly and parallel with the first ab police regulations over, in ami to said ware- house, and to alter, modify or repeal this, ordinance when in tin- opinion of the Common Council the public interest re- quires it to be d< me. 1294. Sec. 'i. The Diamond Jo Line Steamers shall with- hirty days from and after the passage of this ordinance, file with the City Clerk of said City of St. Paul, a notice or resolution or agreement, in its usual form of executing agree ments obligatory upon itself, accepting this ordinance, to ^dlicr with and upon the terms and conditions herein con- tained, and if said Diamond Jo Line steamers -hall neglecl or refuse to accepl this ordinance or comply with the terms hereof, and all singular as aforesaid, then this ordinance --hall be Vi 'id and < >f no eflfei t. 1295. Sec. 7. This ordinance --hall be in Forci io.ni .mil after its p 156 Ordinance No. 2244. (Approved Jan. s. 1902.) 1296. An Ordinance relating to the use of a portion of the public levee in the City of St. Paul for steamboat landings and warehouse purposes. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. The City of St. Paul having heretofore granted to the Diamond Jo Line steamers and the St. Louis, St. Paul and Minneapolis Packet Company certain wharfage and warehouse privileges upon the public levee on the west bank of the Mississippi River, upon certain terms and conditions to be kept and performed by each of said companies respective- ly, winch terms and conditions are particularly specified in that certain ordinance known as Ordinance Xo. 1337, ap- proved May 20, 1890, the substantial provisions of which were also incorporated into a certain lease executed by said respective companies and by the officers of the City of St. Paul, under the direction of its Common Council, bearing date the 2nd day of June, 1890, and said St. Louis, St. Paul and Minneapolis Packet Company having for a number of years last past failed to pay the annual rental stipulated in said ordinance and said lease, and having failed and ne- glected to exercise any of the privileges conferred thereby, and the City of St. Paul, by reason of such default having re- entered upon and taken possession of all that part of said public levee authorized by said ordinance and by said lease to be used and occupied by said St. Louis, St. Paul and Min- neapolis Packet Company, as by said ordinance and said lease said City was authorized to do in case of such default ; now. for the purpose of effectually declaring such forfeiture and re-entry, it is hereby declared that all the rights and privileges granted to said St. Louis, St. Paul and Minneapo- lis Packet Company in and by the terms of said lease and said ordinance respectively are hereby forfeited, annulled and terminated. 1297. Sec. 2. In place and stead of the rights, privileges and authorities granted to the Diamond Jo Line steamers ■l-"l 1 tinder the provisions of the ordinance of May 20, 1S90, and in place and stead of the privileges heretofore granted said com- pany to construct and maintain a. warehouse on said levee west of the west line of Jackson street as extended to the Mississippi river, under the provisions of Ordinance No. 1898, approved December 2, 1896, hereinabove referred to, and in place and stead of the privileges granted to them by the lease referred to in the first section of this ordinance, and upon the conditions hereinafter named, said Diamond Jo l.ine steamers, a company engaged in the carrying of freight and the transportation of passengers with steamboats on the Mississippi River, is hereby granted the right to move the warehouse now owned and occupied by said company and located on the public levee west of Jackson street, to a point on the shore line of said levee immediately adjacent to the west line of Sibley street, extended to the present harbor line as recently filled out and extended by the St. Paul Union Depot Company, under the provisions of Ordinance No. 2172, approved February 25, L901, and to re-fit said warehouse building in a suitable manner, to be used for the receipt and discharge of freight and passengers to and from its boats ply- ing upon said Mississippi River, and for that purpose, there is hereby granted and confirmed to said Diamond Jo Line Steamers the right to use and occupy until the first day of June. 1920, that part qi said public levee described as follows: Commencing at a point where the westerly line of Sibley street, as originally platted, intersects a line parallel with and fifty-five (55) feel northerly from the harbor line on the westerl) shore of the Mississippi River as last established l>\ the United States Engineers, between Sibley street and Jackson street in the City of St. Paul; running thence wesl crly along said parallel line, a distance of one hundred sixt} fiv<- (165) feet; thence southerly at right angles a dis tance of fift) five (55) feet to -aid harbor line; thence easl crly along said harbor line a distance of one hundred 3i five (165) feet; thence northerly, at right angles to said har bor line, a distance of fift) five I •"'■"> i feel to the place of b< ning. 1298. Sec. '■'<. The privilege and authority granted and confirmed to the Diamond Jo Line steamers under the second section ol this ordinance is made upon the express condition that it shall release and relinquish to the City of St. Paul all rights and privileges heretofore conferred upon it in any manner or form whatever to use and occup) any other por- tion of the public levee on the west hank of the Mississippi River in the City of St. Paul, and shall remove therefrom any and all structures owned or maintained by it thereon other than the one hereinbefore referred to; upon the further con- dition that it shall accept this ordinance in writing' as herein- after provided, and at the same time and annually on or he- ft -re the same day of each succeeding year thereafter during the period covered by this grant shall pay to the City Treas- urer of the City of St. Paul, for the nse of said premises, the sum of fifty ($50) dollars; upon the further condition that the premises hereby granted shall be used for no other purpose than as a landing place for boats and vessels and that said warehouse shall be used for no other purpose than for the transfer of goods, wares and merchandise, and persons ship- ped or transported by or upon vessels navigating the Mis- sissippi River and its tributaries, and that said premises, or any portion thereof shall in no way be used for purposes of trade or traffic by any person or persons ; upon the further condition that the City of St. Paul shall have the right to en- force all its police regulations upon said premises; that this ordinance shall not in any way impair, limit or restrict the 1 lowers of the Common Council over wharves, piers or land- ings as conferred by the charter of said city, and that there is reserved, anything herein to the contrary notwithstanding, to the Common Council of said city, the right to alter, modify or repeal this ordinance when in the opinion of the Common Council the public interest required it to be done ; upon the further condition that the permission and authority hereby granted shall in no event be assigned or transferred to any other person, company or corporation except with the con- sent of the Common Council of the City of St. Paui ; upon the further condition that whenever in the opinion of the Com- mon Council the public necessity shall require, the Common 4:.! I Council, by resolution or ordinance, may require the said Dia- mond Jo Line steamers to permit any transient boat plying upon said Mississippi River, desiring to land with cargo or passengers at the City of St. Paul, to land at the wharf or piers maintained by said Diamond Jo Line steamers and to discharge its cargo and passengers free of charge at the most convenient point upori said premises and for such purpose to use under proper rules and regulations, to be adopted and promulgated by said Diamond Jo Line steamers, the ware- house and passenger station maintained by said compan) thereon, and said Diamond Jo Line steamers during the time such direction of the Common Council shall remain in force shall afford to such transient steamers the facilities above re- ferred to. 1299. See. I. Nothing contained in this ordinance shall be construed as a guaranty on the part of the City of St. Paul that it has the right or authority to grant the privileges here- by conferred, or to receive compensation from the grantee herein named tin Teh >r. 1300. See. 5. The Diamond Jo Line steamers, the grantee herein, shall at all times keep the premises hereinabove de- scribed, in a proper ami safe condition for the use of all per- sons lawfully thereon or passing over an\ portion of said premises, and shall keep and hear harmless the City of St. Paul from any and all claims for damages in any wa\ arising out of it> use and occupation of said premises as hereinbe fore authi »rized. 1301. Sec. 'i. The said Diamond Jo Line steamers, within thirty days after tin- passage and approval of this ordinance shall file in the office of the Cit\ Clerk of tin' Cil\ of St. Paul its written acceptance thereof and of all the terms ami con ditions thereof, together with an agreemenl upon its part to keep and perform the same, said acceptance i* 1 he in such form as shall he approved 1>\ the Corporation Attorney : otherwise this ordinance shall be "i no force and eff< 1302. Sec. ;. This ordinance shall take effect and he in force from and after its passage, publication and approval as hereinbefore pn >\ ided. Kill ST. LOUIS AND ST. PAUL PACKET COMPANY. Ordinance No. 1014. I Approved September 5, L888.) 1303. An Ordinance to amend an ordinance entitled "An ordinance to provide for the improvement of the public levee," approved July 23, 1873. Whereas, The Keokuk Northern Line Packet Company has transferred all of its right and interest in and to the ware- house "li the public levee, authorized to be erected under and by virtue of that certain ordinance entitled "An ordinance to provide for the improvement of the public levee/' approved Jul}- 23, 18.73, and all of the rights and privileges to which said company was entitled under and by virtue of said ordi- nance ; therefore, The Common Council of the City of St. Paul do ordain as follows : 1301. Sec. 1. That all the privileges granted to the Keo- kuk Northern Line Packet Company, by an ordinance en- titled "An ordinance to provide for the improvement of the public levee." approved July 23, 1873, be and the same is hereby transferred to the St. Louis and St. Paul Packet Company upon like terms and conditions as granted said Keokuk Northern Line Packet Company in said ordinance aforesaid. Sec. 2. This ordinance shall take effect and be in force from and after its passage. i See Sec. 917. this Article.) C. E. DICKERMAN. Ordinance No. 1888. (Approved Aug. 1". 1896.) 1305. An Ordinance authorizing C. E. Dickerman to run a pipe across Minnesota street for the purpose of conducting steam. The Common Council of the City of St. Paul do ordain as f< 'Hows : Sec. 1. That authority and permission be and the same are hereby given to C. E. Dickerman to excavate across and 461 under the surface of Minnesota street from the Berrisford building- situated on lots 10 and 11, block !. St. Paul I'roper. to the Smith-Farwell Co. Building located on lot 12, block 5. St. Paul Proper, and to lay across and underneath the sur- face of said street from said Berrisford Building to said Smith-Farwell Company building a pipe for the purpose of conducting steam to said Berrisford Buildings All work shall be under the supervision and to the satisfaction of the Ciiy Engineer of the City of St. Paul. Provided, however, that said C. E. Dickerman shall execute and 'deliver to the city a bond in such sum and upon such conditions as shall, be approved by the Corporation Attorney before such exca- vation is made. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication. EAST SIDE ELECTRIC COMPANY. Ordinance No. 1659. (Approved February 11. C893.) 1306. An Ordinance granting permission to the East Side Electric Company to erect poles and string its wires upon streets in a portion of the City of St. Paul, for the purpose of furnishing electric light and power. ■ The Common Council of the City of St. Paul do ordain as Follows : Sec I. Thai the East Side Electric Company is hereby granted permission to erect poles and string wires thereon for trie lighting and the furnishing of power along and upon all the street-, in the Cit} of St. Paul lying in that portion of Said city cast of a line drawn from the intersection of the Mississippi river, at the foot of Kittson street, upon the terms and condition- herein stated, under the supervision and sub- to the inspection and control of the cit) engineer, and upon and under the following conditions and instructions, towil : Such pole- shall he thirty five in height above the ground, and -hall he nol less than fourteen illi inches Mi-.' in diameter at the bottom and six (6) inches at the top, and shall be placed at Mich depth in the ground as the cit} engi- neer may direct to secure their safety. They shall be planed, and be painted of a dark color for the distance of six (6) feet from the ground, and from that point to the top they shall he painted white. They shall set at such distances apart from each other and at such places in the street as may he designated by the city engineer. In case any other corporations, companies or persons, are now, or shall he at any time hereafter, permitted by the common council of -aid cit}- to erect poles and string its wires for the purpose of electric lighting and furnishing power in said city, or the use of the streets of said city for said purposes, and such corporation or corporations, corn- pan}- or companies, person or persons shall desire to use the poles so erected by said East Side Electric Company for the purpose of supporting wires for such purposes, such corpora- te m. company, or person, shall he entitled to do so upon pay- ing to said East Side Electric Company, or its successors, the proportionate share of all costs to procure and erect such poles, to be determined as follows: Upon the erection of poles upon any of said streets, said East Side Electric Com- pany shall immediately report to the city engineer the actual cost of such poles and erection thereof, and said city engineer shall ascertain and determine the actual cost of said poles and the erection thereof, and certify as to the amount he shall find to he correct, and keep a record thereof in his office for public inspection. Upon the first application, as aforesaid, to use the poles erected, the applicant shall pay the said East Side Electric Company one-half ( l / 2 ) of said actual cost of said poles, so determined by said cit}- engineer, and in case of a second application, the applicant shall pay one-third I 1-:! ) of such the same to he divided equally between the East Side Electric Company and the first applicant, and successive ap- plicants shall pay their proportionate share of such costs in like manner, and the same to he divided proportionately in like manner as above", and all applicants so paying their pro- portionate share of said costs shall hecome and he In- com- raon consent joint owners with the said East Side Electric Company of said poles, and shall be entitled to use them for the purpose of electric lighting and furnishing power. And it is conditioned that if any other corporation, com- pany, or persons shall procure, or has procured, like permis- sion from said common council to erect poles on said streets, or any of them, and shall have actually erected its poles on such street or streets, that the permission hereby granted is withdrawn as to such streets, and said East Side Electric Company shall be restricted to using such poles al- ready erected, or as may be erected before the East Side Electric Company shall have erected its poles thereon, under like conditions as herein stated. 1S07. Sec. 2. The said East Side Electric Company shall at all times obey such further and additional requirements as the common council of said city shall impose in the premises, and shall, when so required, remove any ami all of said poles or wires from off the streets at its own cost and expense "hen so required by said common council, and, also, il required, place any and all of said wires tinder ground and e the poles at its own expense. And the common council reserves the power t<> at any time amend or repeal this ordinance, and nothing herein con- tained shall be deemed to grant any exclusive rights to use the said street-- for the purpose herein contained. 1308. . ■'>. 'I'lii- said East Side Electric Compan) ; by assumes all liabilities that may he caused by the erection of such poles and the stringing of iis wins thereon, and shall ai all times save the City of St. I 'aid harmless i! from and from all damages arising out of the use 01 ny privileges hereb) granted as to the erection of poles and tin- maintenance of win- along and upon any of s : ,j,| streets, and shall execute and deliver to said cit) a bond in the penal sum of five thousand dollars ($5,000), saving city harmless in the premises. Trior to the taking this ordinance -aid bond to he approved 1>\ the corporation attorney, and the violation of anj of the privileges of th dinance -hall render this ordinance null and void, at the lid commi hi c luncil. Mil 1309. Sot.-. I. The East Side Electric Company shall within thirty (30) days after the passage and approval of this ordinance execute and file with the city clerk a bond and a written acceptance of all the provisions of this ordinance, in form to he approved by the corporation attorney, other- wise this ordinance shall have no force or effect. 1310. See. 5. All rights granted under this ordinance shall cease and determine unless at least one (1) mile of elec- tric wiring for the purposes hereinbefore stated shall be laid and in operation within six (6) months after the passage and acceptance of this ordinance. Sec. 6. This ordinance shall take effect and be in force from and after its passage and publication and the filing of said bond and acceptance thereof, as hereinabove provided. SAME. Resolution of the Common Council. (Approved February Id, 1896.) 1311. Resolved, That the East Side Electric Company, a co-partnership consisting of Gebhard Bohn and Charles Cristadoro, is hereby authorized to assign and transfer unto the East Side Electric Company of St. Paul, a corporation or- ganized under the laws of the state, all the right, title, in- terest and franchises to which said co-partnership is entitled under or by virtue of an ordinance of this city, No. 1659, en- titled "An Ordinance granting permission to the East Side Electric Company to erect poles and string its wires upon the streets in a portion of the City of St. Paul for the purpose of furnishing electric light and pow-er," and that said cor- poration, the East Side Electric Company of St. Paul, upon the execution and delivery of such assignment, shall become vested with all the rights, title, interest and franchises to which said Co-partnership was theretofore entitled, and sub- ject to all the duties and obligations imposed by said ordi- nance upon said co-partnership, so far as the same have not already been lawfully discharged. (Rights acquired by purchase by Edison Electric Light, Heat and Power Co.) 465 ECONOMY STEAM HEAT COMPANY. Ordinance No. 916. (Approved April 5, L888.) 1312. Granting to the Economy Steam Heat Company the right to use certain streets. The Common Council of the City of St. Paul do ordain as f< >11( >ws: Sec. 1. That the privilege is hereby granted unto the Economy Steam Heat Company, its successors and assigns, to erect such telegraph poles for the purpose of carrying elec- tric currents in the streets of the City of St. Paul, at such place or places and on the streets hereinafter named and specified, and such other streets as may hereinafter be ap- proved by the common council of St. Paul, under the super- vision of the city engineer and the committee on streets. Such poles, together with the wires thereon, to be subject to removal to such place or places as the common council may a; any time direct, at the cost and expense of said Econonvj Steam Heat Company, its successors and assigns. The said Company, its successors and assigns, assumes all liability thai may be caused or created by the erection of such poles and the use of said electric light, and shall at all times save the City of St. Paul harmless therefrom and from all damages growing out thereof. (As amended by Ord. No. 1707, approved Sept. L9, L893, § L.) 1313. 2. Nothing herein contained shall give to said Economy Steam Meat Company, its successors and assigns, the exclusive privilege of using the electric lights in the Citj • . I 'aul, i >r an\ pan there* if. (As amended by Ord. No. 1707, approved Sept. L9, 1893, § 1.) 1314. Sec. :;. The Economy Steam Ileal Company, its successors and assigns, is hereby permitted to use poles For stringing wire- for conveying electric currents and for the purpose of providing lighl and power upon and along the Fol- lowing named streets in said Cit) of Si. Paul to-wit: On Third street, from Washington street to Broadwaj sti on Fourth street, from Seven Corm Mill and on Fifth, Sixth. Seventh and Eighth streets, to-wil : Broadway, Wacouta, Rosabel, Sibley, Jackson, Minnesota, Cedar, Wabasha, St. Peter, Market and Washington, the erection of such telegraph poles upon each and all of the above named streets between the points on each, as above mentioned, to be under the supervision of, and subject to the inspection and control of the city engineer and committee on streets of said common council, and upon and under the fol- lowing conditions and instructions, to-wit: Such poles and each ^i them shall not be less than forty (40) feet in height above the ground, and shall not be less than ten (10) inches in diameter at the bottom, and six (6) inches in diameter at the top; they shall all be planed and shall be painted a dark- color for the distance of six (6) feet from the ground, and from that point to the top they shall be painted white ; they shall be set one hundred (100) feet apart, except otherwise expressly permitted by the city engineer, and at least five I 5 I feet at the top of all poles of said company, its successors and assigns, shall be, in consideration of the passage of this or- dinance, the exclusive property of the city and reserved for the use of the fire and police departments of said city, and ip case any other corporation, companies or persons are now or ^hall be at any time hereafter permitted by the common council of said city to erect poles or string its wires for the purpose of electric lighting in said city, or to use the above mentioned streets between the points upon each above speci- fied for snch purpose, and such corporation or corporations, company or companies, person or persons, as. shall desire to use the poles so erected by said Economy Steam Heat Com- pany, its successors and assigns, for the purpose of support- ing the wires for snch purpose, such corporations, companies or persons shall be entitled to dr so upon paying to said Economy Steam Heat Company, its successors, or assigns, the proportionate share of the cost of procuring and erecting snch poles, to be determined as follows: Qpon the erection of poles upon any of said streets, said Economy Steam Heat Company, its successors and assigns, shall immediately report to the said city engineer the actual of snch poles as erected and said city engineer shall as- in; certain and determine the actual cost of said poles so erected, and certify the amount which he shall find to be correct and keep a record thereof in his office for public inspection. Upon the first application as aforesaid to use the poles so erected, the applicant shall pay to said Economy Steam Heal Company, its successors and assigns, one-half ( l / 2 ) said actual of said poles, as determined by said city engineer, and in case of a second application the applicant shall pay one- third I 1-3) of such cost, the same to be divided equally be- tween the said Economy Steam Neat company, its successors and assigns, and the first applicant ; and successive applicants shall pay their proportionate share of such cost, the same to be divided proportionately in like manner, and all applicants so paying their proportionate share of the costs of said poles shall become, and be. by common consent, joint owners with the ^aid Economy Steam Heat Company, its successors and us. of said poles, and shall be entitled to use them for the purpose of electric lighting as long as they do not o within a distance of ten (10) feet of the lowest wire on said poles owned and operated by the Economy Steam Neat Com pany, its successors and assigns. And it is conditional that if any other company or companies, or persons (other than corporations, companies or persons, the Arc light system), having procured, or shall procure, like permission from said common council to erect pole- mi said streets, or an\ of them. between the points upon such hereinabove named streets, and een points named hereinabove, before said Economy Steam Heal Company, it- successors and assigns, shall have ed it- pole- on said street, then the permission hereb) granted be withdrawn as to such street, and -:n'd Economy Steam Neat Company, its successors and assigns, shall be I to using such poles then and there alread) erected under the conditions as herein contained. \nd it is ( xpressl) conditioned and provided that in < > ■ said Economj Swam I bat Company, its trs ami assigns, shall refus< allow any applicant, on paymenl or tender of paymenl of the proportionate amount therefor, and to sell to such applicant such proportion of said poles a- herein provided, thereupon the righl of said Economy Steam Heal Company, it- li;s r- and assigns, to erect and maintain its said poles upon the Streets of said city shall cease, and the same shall he forth- with removed from said streets, or any of them, upon and under the order and direction of the common council. i \-> amended by Ord. No. 1707J approved Sept. 19, 1893, § 1.) 1315. Sec. 1. The poles herd)}- authorized to be erected shall be planed and painted, and shall be set in the sidewalk close to the gutter or curb; unless special directions are other- wise given by the city engineer. All poles must he erected to the satisfaction and approval of said engineer and com- mittee on streets. 1316. Sec. 5. Whenever any street on which any pole shall have been set shall be graded or paved the said Economy Steam Ileal Company, its successors and assigns, at its own cost, shall reset said pole so as to conform to the street as reconstructed. (As amended by Ord. No. 1707, approved Sept. 19, 1893, § 1.) 1317. Sec. 6. The common council reserves the right to order and cause any or all of said wires to be laid under- ground at any time, and to order any and all of the poles removed from off the streets, or either of them, whenever it may deem proper to lay the wires of said company, its suc- cessors and assigns, underground. (As amended by Ord. Xo. 1707, approved Sept. 19, 1893, § 1.) 1318. Sec. ]. And it is expressly provided that the ac- ceptance of this permission by the Economy Steam Heat Com- pany, its successors and assigns, either by resolution of its hoard of directors or by acting hereunder, by the erection of its poles and fully complying with all the terms and conditions of this ordinance, shall be an acceptance of all the conditions and provisions of this ordinance as herein contained; and it is further provided, that the rights hereby granted are further subject to all the conditions and requirements of either or any of the ordinances of the City of St. Paul now in force in relation to and governing the use of the streets of said city by any party, person, firm, company or corporation, for any 1:69 purpose for the erection of poles for the purposes of electric lighting. (As amended by Ord. No. 1707, approved Sept. 19, 1893, ^ l.i Sec. 8. This ordinance shall take effect and he in force from and after its pnhlication. SAME. Resolution of the Common Council. i Approved May 20, 1900. 1 1319. Whereas, The St. Paul Gas Light Company ha-- been heretofore granted certain supposed rights by way of privi- and authority to use certain of the streets, alleys and other public ground of the City of St. Paul for the purpose of erecting poles and stringing wires thereon and laying conduits and subways, and stringing wires therein, for the transmis- sion of electricity for electric light, heat or power purposes; ami claims to have acquired and to possess certain other such rights by purchase or assignment from the Economy Steam Heat Company, the Si. Paul Electric Manufacturing and Con- struction Company, and the East Side Electric Company; and, Whereas, The said supposed rights by way of privilege and authority hereinbefore recited were -ranted to and con ferred upon and have been acquired the said St. Paul ('.as Light Company, the said Economy Steam Meat Company, the said St. Paul Electric Manufacturing and Construction Coni- parry and the said Eas1 Side Electric Company, pursuan-1 to certain acts of the legislature of the State of Minnesota, con ferring upon the said St. Paul the exclusive right, privilege ami authority theretofore held 1>\ ii of laying gas mains in the streets, alleys ami public -rounds <>i the City of St. Paul, ami engaging in tin- business of distributing ami s< lling gas to the inhabitants of said city; and. Whereas, The said original rights, privilege and authority in the streets, alleys and public ground of said city, so far as the distribution and disposition of gas is concerned, will cease and determine upon the firsl da) of fanuary, 1901 : Now, therefore, be it resolved 1>\ the Common Council of the City of St. Paul, that any and all and each of the said sup posed rights by way of privilege and authority to use and occup) the streets, alleys or public ground of said city for pur- poses of distributing and disposing of electricity for light, heat or power purposes, or of erecting poles and stringing wires thereon, or of laying conduits or subways and stringing wfres therein for the purposes aforesaid, shall terminate on the said first day of [anuary, 1907, and the same are hereby declared so to he terminated and revoked from and after that date, to reverl unconditionally to the City of St. Paul. EDISON ELECTRIC LIGHT AND POWER COMPANY. Ordinance No. 707. (Approved August 19, 1S86.) 1320. An Ordinance to grant the Edison Electric Light and Power Company of St. Paul the right to use cer- tain streets. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That the privilege is hereby granted to the Edison Electric Light and Power Company of St. Paul, its successors' and assigns, to erect such telegraph poles, and put in under- ground system of wires, for the purpose of carrying electric currents in the streets, as may be approved by the said com- mon council, under the supervision of the city engineer and committee on streets, such poles and underground system, together with the wires thereon and therein, to be subject to removal to such place or places as the common council may at any time direct, at the cost and expense of said company. The said The Edison Electric Light and Power Company of St. Paul, its successors and assigns, hereby assume all liability that may be caused by the erection of such poles and under- ground system, and the use of the said electric light, and shall at all times save the City of St. Paul harmless therefrom, and from all damages growing out thereof. (As amended by Ord. No. 1698, approved Aug. 1, 1893, § 1.) 4:71 1321. Sec. 2. Nothing herein contained shall give to said The Edison Electric Light and Power Company the exclusive privilege of using the electric light in the City of St. Paul. 1322. Sec. 3. That the Edison Electric Light and Power Company of St. Paul, its successors and assigns, be and is hereby permitted to erect poles for stringing wires and putting ir: any underground system for carrying electric currents for the purpose of furnishing light and power on the following named streets in said city, to-wit : Second street. Third street, Fourth street, Fifth street. Sixth street, Seventh street, Eighth street. Ninth street. Tenth street. Eleventh street, Twelfth street, Broadway street, Canada street, Rosabel street, Wa- couta street, Cooper street. Pearl street, Morris street. Spruce street, Sibley street. Temperance street, Jackson street. Robert street, .Minnesota street. Cedar street. Wabasha street. St. Peter street, Summit avenue, College avenue, Pleasant avenue, Oak street. Pice street. Fort street. Exchange street, Frank- lin street, Washington street, Spring street, Market street, Chestnut street. Walnut street, Sherman street, Ontario street, Pine street, Olive street, John street. Locust street. Dayton avenue, Western avenue, Iglehart street, University avenue, Selby avenue, Laurel avenue, Dale street, Como ave- nue and Mississippi street, under the supervision and subject to the inspections and control of the city engineer and com- mittee on streets, and upon and under the following condi- tions and instructions, to-wit: Such poles shall not he less titan twenty-five (25) feet in height above the ground, ami shall not be less than ten (10) inches in diameter at the bol toin. and six (6) inches in diameter at the top; the\ shall he planed and shall he painted a dark color for the distance of six (6) feet from the ground, and from that point to the lop they shall In- painted white; lhe\ shall he set fort) i 10) pares apart, except otherwise expressly permitted h\ the ci|\ en gineer. And if any other corporations, companies or persons are now, or shall hi' at any time hereafter, permitted by the common council of said city to erect poles or string its wires for the purpose of electric 1i.L;htin^ in said City, or to use the a\d city for the purpose of electri< lighting, ami Mich corporation or corporations, company or companies, per- son "i" persons, as shall desire to use the poles so erected by >aiil Edison Electric Light and Tower Company of St. Paul, iis successors and assigns, for the purpose of supporting the wires for such purpose, such corporations, companies or per- sons shall be entitled to do so upon paying to said Edison Electric Lighl and Power Company of St. Paul, its successors or assigns, the proportionate share of the cost of procuring and erecting Mich poles, to be determined as follows: Upon the erection of poles upon any of said streets said Edison Electric Light and Power Company of St. Paul, its successors and assigns, shall immediately report to said city engineer the actual cost of such poles as erected, and said city engineer shall ascertain and determine the actual cost of said poles so erected, ana certify the amount which he shall find to be cor- rect, and keep a record thereof in his office for public inspec- tion. Upon the first application, as aforesaid, to use the poles erected, the applicant shall pay to the Edison Electric Light and Power Company of St. Paul, its successors and assigns, one-half {J/2) of said actual cost of said poles, as determined by said city engineer, and, in case of a second application, the applicant shall pay one-third (1-3) of such cost, the same to he divided equally between the said Edison Electric Light and Power Company of St. Paul, its successors and assigns, and the first applicant ; and successive applicants shall pay their proportioned share of such cost, the same to be divided pro- portionately in like manner, and all applicants so paying their proportionate share of the cost of said poles shall become and be by common council joint owners with said Edison Elec- tric Light and Power Company of St. Paul, its successors and assigns, of said poles, and shall be entitled to use them for the purpose of electric lighting fas long as they do not come within a distance of ten (10) feet of the lowest wire on said pole owned and operated by the Edison Electric Light and Power Company of St. Paul, its successors and assigns). And it is conditioned that if any other corporation, companies or persons (other than corporations, companies or persons using the arc light system) have procured, or shall procure, like permission from said common council to erect poles on said streets, or any of them, and shall actually erect its poles on any of said streets before said Edison Electric Light and Power Company of St. Paul, its successors and assigns, shall have erected its poles on said streets, then the permission herein granted is withdrawn, and said Edison Electric Light and Power Company of St. Paul, its successors and assigns, shall be restricted to using such poles then already erected, under the conditions as herein contained. And it is expressly conditioned and provided that in case said Edison Electric Light and Power Company of St. Paul, it> successors and assigns, shall refuse to allow any applicant to use its poles upon payment of the proportionate amount therefor, and to sell to said applicant such proportionate part of said poles as herein provided, thereupon the right of said Edison Electric Light and Power Company of St. Paul, its successors and assigns, to erect and maintain its said poles upon the streets of said city shall cease, and the same shall be forthwith removed from said streets, or any of them, upon and under the order and direction of the common council. (As amended by Ord. \'o. 1698, approved Aug. 1. 1893, § 1.) 1323. Sec. 1. The poles hereby authorized to be erected shall be planed and painted, and shall be set in the sidewalk close to the gutter or curb, unless special directions are other- wise given by the city engineer. All poles must be erected to the satisfaction and approval of said engineer and com- mittee i hi streets. Sec. 5. Whenever an\ streel on which any pole shall have been sel shall be graded or paved, the said Edison Elec trie Lighl and Power Company of St. Paid, its successors and assigns, shall, at it- own cost, resel said poles so as to conform to die streel as reconstructed. (As amended by Ord. No. 1698, approved Aug. I, L893, § 1 ) 1324. Sec. (i. The common council reserves the right to order and cause any or all of said wires to be laid underground at any time and to order an\ and all of the poles removed from oil the streets whenever it may deem proper to la\ the wires of said companj underground. i; i 1325. Sec. ', . And it is further provided that unless a plant of sufficient size to Furnish nine hundred (900) horse power, and sufficient wires to use all the power thus furnished, are put in, and the same put into full operation within eleven (11) months, then all the powers and privileges granted here- in- shall thereupon cease and determine. 1326. See. 8. And it is expressly provided that the accept- ance of this permission by the Edison Electric Light and Tower Company of St. Paul, its successors and assigns, either by resolution of the board of directors or by acting hereunder in the erection of its poles, and in fully complying with all the terms and conditions of this ordinance, shall be acceptance of all the conditions and provisions herein contained; and it is further provided that the rights hereby granted are further subject to all the conditions and requirements of the ordi- nances heretofore passed allowing said Edison Electric Light and Power Company of St. Paul, its successors and assigns, to use the streets of said city for the erecting of poles and putting in of an underground system of wires for the purpose of electric lighting. (As amended by Ord. Xo. 1608, approved Aug. 1, 1893, § 1.) 1327. Sec. 9. This ordinance shall take effect and be in force from and after its passage. SAME. Ordinance No. 2121. (Approved May 24, 1900.) 1328. An Ordinance supplemental to Ordinance No. 707, entitled "An Ordinance to grant The Edison Elec- tric Light and Power Company of St. Paul the right to use certain streets," approved August 19, 1886, and to limit the time for which the rights, privileges and authority, if any, were granted by either of said ordinances, or by any resolutions of the Common Council passed in contemplation thereof, to January 1, 1907. Whereas, The Common Council of the City of St. Paul did heretofore, and by an ordinance known as Ordinance No. 707, approved August L9, 1886, and entitled "An Ordi- nance to grant to The Edison Electric Light and Power Com- pany of St. Paul, the right to use certain streets," granted to said company certain supposed rights and certain privileges and authority to use the streets of the City of St. Paul for the purposes of conducting electricity therein for an unlimited and indefinite term of years: and, Whereas, in the opinion ,,f the Common Council, condi- tions of public necessity require that some limitation be im- posed upon the terms for which the said supposed rights and privileges and authority shall exist ; and. Whereas, twenty (20) years is. in the opinion of the Com mon Council, a reasonable limitation to place and impose upon the term aforesaid, and said term of twenty (20) year- will have more than expired on the first day of January. 1907, next ; Now. therefore, the Common Council of the City of St. Paul do ordain as follows: 1329. Sec. 1. That any and all rights, privileges and au- thority, whatever they may he, which may have been granted in and by the terms of Ordinance No. 707, approved August 19, 1886, and entitled "An Ordinance to grant the Edison Electric Light and Power Company of St. Paul the right to use cer- tain Streets," as the same was amended h\ ( )rdinance No. L698, approved Augusl 1. \>>'>'-'>. or in and by any of the resolutions subsequently passed by the Common Council in contempla- tion of either of said ordinances to the said Edison Electric Lighl ami Power Compan) of St. Paul, its successors and assigns, shall terminate and cease to exist, and shall revert to the City of St. Paul on January 1. I'm;. Sec. '!. Thi- ordinance shall take effect and he in force from and after its passage, approval and publication. t?6 SAME. Resolution of the Common Council. i Approved May 21, L900. ) 1330. Whereas, The Edison Electric Light and Power Compan) of St. Paul was. in and by the terms of Ordinance No. 7CJ of the general ordinances of the City of St. Paul, granted certain privileges in the way of the erection of poles and the stringing o\ wires, and the putting in of an under- ground system of wires, for the purpose of carrying' electric currents in such streets of the City of St. Paul as might there- after be approved by the Common Council of said city, and particularly in the streets named following, to-wit : Second street. Third street. Fourth street. Fifth street. Sixth street, Seventh street. Eighth street, Ninth street. Tenth street. Eleventh street, Twelfth street. Broadway street, Canada sTreet. Rosabel street, Wacouta street. Cooper street. Pearl street. Xorris street. Spruce street. Sibley street. Temperance ( street. Jackson street, Robert street. Minnesota street. Cedar street. Wabasha street. St. Peter street. Summit avenue. Cot- tage street. Pleasant avenue. Oak street, Rice street. Fort street. Exchange street, Franklin street, Washington street. Spring street. Market street. Chestnut street. Walnut street, Sherman street, Ontario street. Pine street. Olive street, John street. Locust street. Dayton avenue. Western avenue, Igle- hart street, University avenue, Selby avenue. Laurel avenue. Dale street, Como avenue and Mississippi street ; and 1331. Whereas, Thereafter, in and by the terms of a certain resolution duly approved November 11, 1899, as amended by a certain other resolution duly approved January 5, 1900, there was added to the streets above named the following, to-wit: White Rear avenue, from the city limits to Margaret street ; e»n Margaret street from White Bear avenue to Atlantic ave- nue ; for the underground system : Margaret street from At- lantic avenue to Arcade street ; Arcade street from Margaret >ireet to Sixth street; Sixth street from Arcade street to Hoff- man avenue ; Hoffman avenue from Sixth street to Seventh street ; Grove street from Seventh street to Eighth street ; and, 1332. Whereas, the said Edison Electric Light and Power Company desires the privilege of using certain other streets and alleys within the territory hereinafter described for put- ting in poles and conduits, and for stringing wires thereon and therein for the purposes specified in Ordinance No. ^CJ afore- said : now. therefore, be it Resolved. By the Common Council of the City of St. Paul, that the privileges and authority, whatever they may be, con- ferred in and by the terms of said Ordinance Mo. 707, be and the same are hereby extended to the streets and alleys included in the territory bounded and described as follows, to-wit: Commencing at the intersection of Lexington avenue with Otto avenue, in said city : thence running north on Lexing- ton avenue to an intersection with St. Clair street; thence running west on St. Clair street to the Mississippi river; thence running north and northwesterly along the Mississippi river to the most westerly boundary of said city; thence run- ning north along the said westerly boundary of said city to Doswell avenue; thence running east along Doswell avenue to Eustis street ; thence running south along Eustis street to Langford avenue; thence running easterly along Langford avenue, and Langford avenue produced to West Maryland et; thence easterly along West Maryland street and Easl Maryland streel to English street; thence running south along English stia-et. and English street produced to the southwesl corner of section ten (10), township twenty-eight (28), of range twenty-two (22) west, in Ramsey County, Minnesota; thence running west in a straight line to the place of begin- ning. Subject, however, to the supervision of the City En- r and Committees on Streets of the Common Council. Provided, however, thai the privileges and authority herein and hereby granted, as well as any and all privileges hereto fore -ranted to the said Edison EJectric Lighl and Power pany under the provisions of said < Irdinance X". 707, and tin- ordinances amendatorj thereof, or the resolutions subse quenth enacted pursuanl thereto, shad cease and determine on tin- firsl day of January, L901 ubject, however, to renewal "ii such terras a- maj It then agreed upon between the said company and the city, including the payment l>\ said companj ITS lo the city of a gross earnings tax on all its business in the city of not less than five (5) per cenl ; and, be it Further Resolved, That in consideration for the use of any of the streets, avenues, alleys and public grounds of the City of St. Paul hereinbefore referred to, by the said Ediscm Electric Light and Power Company, said company, its suc- •rs in interest or assigns, shall pay into the treasury ol the City of St. Paul the full sum of five (5) per cent of its >s earnings from all the business done by it in said city, for the use and benefit of said city; and the St. Paul Gas Light Company shall pay a like percentage of five (5) per cent of its gross earnings from the business done By it in the City of St. Patd, in the way of furnishing electric light, heat or power, into the treasury of said city, for the use and benefit ^i said city; said payment to be made on the first day of January of each and every year hereafter, upon the business done during the year next preceding, and for the purpose of ascertaining the total amount of such gross earnings upon which payment shall be made as aforesaid, an accurate ac- count of the same shall be kept by said company, and an abstract or account thereof furnished by it to the City Comp- troller of the City of St. Paul on or before the 15th day of December of each year, which said abstract or account shall be verified by oath of the president and secretary of the said company, and for the purpose of verifying such statements, abstracts or accounts, the books of said company shall at all times be open for inspection by such officer, person or persons as may be appointed for that purpose by the Common Council i if said city. 1333. Before this resolution shall take effect or be or be- come of any force or effect, a written acceptance of the terms and conditions hereof by the said Edison Electric Light and Power Company, and the said St. Paul Gas Light Company, shall, within four (4) days, be filed with the City Clerk of the City of St. Paul, in form to be approved by the Corporation Attorney. 479 ENDICOTT, W. AND H. Ordinance No. 2290. i Appn >ved June 6, 1902. ) 1334. An Ordinance granting to William Endicott and Henry Endicott the right to lay a steam pipe across Fourth street, in the City of St. Paul, for the pur- pose of conducting steam. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That there is hereby granted to William Endi- cott and Henry Endicott, the owners of the Endicotl building, situate on block seventeen (17), St. Paul Proper, the right to tunnel under Fourth street, from said Endicott building to the brick building situate on lot two (2), in block twenty-six (26), of St. Paul Proper, and known as Xos. 150-152 East Fourth street, and to place and maintain therein, for the period of twenty-five (25) years from the passage of this ordinance, a steam pipe for the purpose of conveying steam From the boilers in said Endicott building to said building above re- ferred to, and to supply said building with steam during the sa ; d period upon condition, however, thai said William Endi- cotl .and llenry Endicott, and their assigns, shall comply with a!! the provisions of this ordinance. 1335. Sec. 2. The grantees herein, and their assigns, with- in the period of thirt) (30) days after the passage and publi cation of this ordinance, shall file in the office of the Cit) CI in the Cit) of St. Paul, their written acceptance thereof, the same to be in such form as shall be approved b) the Corpo- ration Attorney, and shall construe! said tunnel and conned said buildings with the proper steam pipes, to be laid therein within the period of three (3) months From the passage and publication of thi mce. 1336. . :;. Said tunned shall l>e constructed and n pipe placed therein under the direction of the c'<'ininis sioner of Public Work- of the Cit) of St. Paul, and shall he tructed in such manner as he shall direct, and the grantees herein, their sua . shall forevei keep and I SI • bear harmless the City of St. Paul from any and all damages, cost ami expense in any manner arising out of the construc- tion and maintenance of said tunnel and steam pipe. 1337. Sec. 1. The rights and privileges hereby granted shall be held and exercised by the grantees herein, their suc- 5£ »rs and assigns, subject to all the conditions and limita- tions contained in the Charter of the City of St. Paul, includ- ing the filing ^i the statement provided for in section 27, chapter IV., of said charter, and the payment of a license fee of five (5) per cent of the gross earnings arising from the sale of steam or heat to safd building so to he applied tinder the provisions hereof, or in any manner accruing from the exercise and enjoyment of the rights and privileges hereby granted. 1338. Sec. 5. The rights and privileges conferred by this ordinance shall not in any manner, directly or indirectly, he sold, assigned, leased, or in any way transferred to any other person, company, corporation or association, without first ob- taining the consent of the Common Council of said city, hy resolution duly passed for that purpose. 1339. Sec. 6. In case the grantees herein, their successors or assigns, shall at any time fail to comply with, or in the case of a breach by them of any of the terms, provisions, condi- tions or limitations contained in or provided for in this ordi- nance, all the rights and privileges hereby granted forthwith shall terminate and become forfeited to the City of St. Paul, without any further act or ceremony whatsoever. 1340. Sec. T. This ordinance shall take effect and be 'in force from and after its approval, publication and acceptance, as hereinbefore provided. SAME. Resolution of the Common Council. (Approved March 24, 1905. I 1341. Resolved. That until the further order of the Com- mon Council permission and authority be and is hereby granted to William Endicott, and his assigns, to construct, 181 maintain and operate pipes, mains, conduits, and the appli- ances used in connection therewith, across East Sixth street, in the City of St. Paul, underneath the surface of said street, between blocks five (5) and ten (10), St. Paul Proper: and across Cedar street, underneath the surface thereof, between blocks five (5) and six (6), St. Paid Proper; and across East Seventh street, underneath the surface thereof, between block five (5), St. Paul Proper, and block twenty (10), Robert's and Randall's Addition to St. Paul; said pipes, mains and con- duits to be constructed and maintained for the purpose of, and in such manner as may be necessary and proper for con- ducting and transmitting" heat and power across the said por- tions of streets, from the building of the said Kndicott, located on the northeast corner of East Sixth street and Cedar street, to the buildings owned by the said Endicott in the blocks herein referred to; provided, that all work shall be dime under the direction and supervision of the Commissioner of Public Works, and upon the proper permit issued by said Commis- sioner of Public Works, and provided, further, that heat, light and power shall not be furnished under this license to any Other persons or corporations than as specified herein. EUREKA IMPROVEMENT COMPANY. Ordinance No. 849. (Approved ( Ictober 20, issr.) 1342. An Ordinance to grant the Eureka . Improvement Company of St. Paul the right to use certain streets. 'Nir Common Council of the City of St. Paul >1" ordain ;t^ f< '11' >ws : Sec. l. That the privilege is hereb) granted to the Eu- i [mprovemenl Compaii) of St. Paul to ered such tele graph poles for ili<- purpose of carrying electric currents in tlir streets of tin- Cit) of St. Paul ;ii such place or places, and on such streets as may be approved l>\ tin- said common coun cil, under tin- supervision of '1"' cit) engineer and committee on streets, such poles, together with the wires thereon and is-.- therein, to be subject to removal as the common council may at any time direct, at the cost and expense of said company. The said The Eureka Improvement Company hereby assumes all liability that may be caused by the erection of such poles and the use ni the said electricity, and shall at all times save the City of St. Paul harmless therefrom and from all damages growing out thereof. 1343. Sec. '>. Nothing herein contained shall give to said The Eureka Improvement Company the exclusive privilege of using electric light in the City of St. Paul. 1344. Sec. 3. That said The Eureka Improvement Com- pany he and is hereby permitted to erect poles for stringing wires for carrying electric currents for the purpose of furnish- - ing light and power on the following streets in said city, to- w it : Cherokee avenue. Delaware avenue. Smith avenue, Cambridge street, Prescott street, Midway avenue, Fillmore" avenue, Starkey street. Chicago avenue, Custer street, Con- cord street, Winifred street, State street, Isabel street, Dakota avenue, South Robert street, Ohio street, Fairfield avenue, George street, Eaton avenue, Oakdale avenue, Hall avenue, and on such other avenues, streets or alleys as the common council of the City of St. Paul may from time to time duly authorize by resolution, passed by a vote of two-thirds (2-3) of all the members elect, all of said poles to be under the supervision of and subject to the inspection and control of the city engineer and instruction, to-wit : Such poles shall not be less than forty (40) feet in height above the ground. and # shall not be less than twelve (12) inches in diameter at the bottom, and six (6) inches in diameter at the top; they shall be planed and shall be painted a dark color for the distance of six (6) feet from the ground, and from that point to the top they shall be painted white ; they shall be set one hun- dred (100) feet 'apart, except otherwise expressly permitted by the city engineer, and at least five (5) feet at the top of all the poles of said company shall be, in consideration of the passage of this ordinance, the exclusive property of the city, and reserved for the use of the fire and police departments of said city. And in case any other corporation, companies or 483 persons are now, or shall be at any time hereafter, permitted by the common council of said city to erect poles or string its wires for the purpose of electric lighting in said city, or to use the streets of said city for the purpose of electric lighting, and such corporation or corporations, company or companies, person or persons, shall desire to use the poles so erected by said The Eureka Improvement Company for the purpose of supporting the wires" for suth purpose, such corporations, companies or persons shall be entitled to do so upon paying to said The Eureka Improvement Company, its successors or assigns, the proportionate share of the cost of procuring and erecting such poles, to be determined as follows: Upon the erecting of poles upon any of said streets, said The Eureka Im- provement Company shall immediately report to said city en- gineer the actual cost of such poles as erected, and said city engineer shall ascertain and determine the actual cost of said poles so erected, and certify the amount which he shall find to be correct, and keep a record thereof in his office for public inspection. Upon the first application as aforesaid to use the poles so erected, the applicant shall pay to -the Eureka Im- provement Company aforesaid, its successors or assigns, one- half i':i Hi said actual cost of the poles so used, as determined by said city engineer; and. in case of a second application, tb<» applicant shall pay one-third (1-3) of such cost of the poles so used, the same to be divided equally between the said The Eureka Improvement Company and the first applicant, and Successive applicants shall pa\ their proportionate share of such cost, the same to be divided proportionately in like man- ner, and all applicants so paying their proportionate shan cost of said poles shall become and be by common eon sent joint owners with said The Eureka Improvement Com pany of said poles, and shall be entitled to u..v them for the purpose of electric lighting (as long as the} do nol come within a distance of two (2) Feet of the wire on said poles owned and operated by said The Eureka Improvement Com pany). And it is conditioned thai if an) other corporations, companies or persons have procured, oi shall procure, like permission from 3aid common council to ereel poles on said streets, or an) of them, and shall actuall) ereel its poles on IM any of said streets before said The Eureka Improvement Com- pany shall have erected its poles on said streets, then the per- mission hereby granted is withdrawn, and said The Eureka Improvement Company shall be restricted to using such poles then already erected, under the conditions as herein contained. And no wire shall be placed less than eighteen (18) inches from the center of any pole. And it is expressly conditioned and provided that in case the said The Eureka Improvement Company shall refuse tc allow any applicant to use its poles upon payment of the pro- portionate part of said poles, as herein provided, thereupon the right of said The Eureka Improvement Company to erect and maintain its poles upon the streets of said city shall cease, and the same shall be forthwith removed from said streets, or any of them, upon and under the order and direction of the com- mon council. 1345. Sec. 4. The poles hereby authorized to be erected shall be set in the sidewalk in the center of the curb, unless special directions are otherwise given by the city engineer. All poles must be erected to the satisfaction and approval of said city engineer and committee on streets. 1346. Sec. 5. Whenever any street on which any pole shall have been set shall be graded or paved, or the curb line changed, the said The Eureka Improvement Company shall. at its own cost, reset said pole so as to conform to the street as reconstructed. 1347. Sec. G. The common council reserves the right to order and cause said The Eureka Improvement Company to place any or all of said wires underground at any time, and to order any and all of the poles removed from off of the streets whenever it may deem proper to have said The Eureka Im- provement Company lay the wires of said company under- ground. 1348. Sec. 7. Unless one (1) mile of poles have been placed with electric currents thereon to furnish light and power on said mile of posts adequate to the private and public demands, within nine (9) months from the acceptance of this ordinance, the same shall be absolutelv void. 485 1349. Sec. 8. The plant required to furnish the electricity and power necessary under this ordinance shall not be changed from its present location in South St. Paul to some point in the City of St. Paul, or any additional one erected within the City of St. Paul, without the location thereof first having been approved by the common council of said city. 1350. Sec. 9. This ordinance shall he in force from and after the filing with the city clerk, by the said The Eureka Improvement Company, of a resolution duly adopted by its board of directors, accepting it upon all the terms and con- ditions herein contained, and such acceptance shall be deemed an agreement of said The Eureka Improvement Company with said city to perform all and singular all the matters and things recjuired of said company to be performed under this ordinance, and Mich acceptance shall contain an express agree- ment to perform all of said matters and things by said The Eureka Improvement Company obligated to be performed in this ordinance. (Forfeited by Resolution of Common Council, approved May 29th, 1900.) SAME. Ordinance No. 882. I Approved January Is. I 888. I 1351. An Ordinance to grant the Eureka Improvement Company of St. Paul the right to use certain streets and bridges. The Common Council of the City of St. Paul do ordain as Follows : Sec. 1. That the privilege is hereb) granted to The Eu reka fmprovemenl Compaq to string its wires for carrying electric currents for the purpose of furnishing [ighl and power upon the bridges across the Mississippi river in said city, o monly known as the Wabasha streel bridge and the Robert ■ bridge, under tin- mpervision and direction "i" the city engineer and committee on streets, such wires to be Bubjecl moval as tin- common council ma) ai any time direct, at I si; the cost and expense of said company. The said Eureka Improvement Company hereby assumes all liability that may be caused by the stringing of such wires and the use of the said electricity, and shall give a bond', to be approved by the corporation attorney, in the sum of ten thousand dollars iSIO. ihmi i, conditioned at all times to save the City of St. Paul harmless therefrom, and from all damages growing out thereof. 1352. Sec. 2. Nothing herein contained shall give to the said The Eureka Improvement Company the exclusive privi- ■I using electric light in the City of St. Paul. 1353. Sec. •">. That the said The Eureka Improvement Company be and is hereby permitted to erect poles for string- ing wires for carrying electric currents for the purpose of fur- nishing light and power on the following streets in said city, to-wit : St. Peter street: Fifth street, west of St. Peter street; Sixth street, west of St. Peter street; Pleasant avenue. Mul- berry street, and the alley in blocks fifty-nine (59), sixty (60), sixty-one (61), and sixty-two (62), Irvine's Enlargement of Rice & Irvine's Addition ; all the alleys in block numbered one (1), of Kern's Addition; block one (1), of Selby. Me- Clung & Van Meter's Addition; block one (1), two (2), five -i.\ Hi), seven (7), eight (8). nine (9), ten (10), eleven «lli. twelve (12). thirteen (13-), fourteen (14), fifteen (To), sixteen (16), nineteen (19), twenty (20), twenty-one (21) and twenty-three (23), of Woodland Park Addition; Irvine avenue. Walnut. Chestnut and Sherman streets ; Xelson ave- nue ; the alleys in blocks seventy-one (71), seventy-two (72), seventy-three ( nil. seventy-four (74) and seventy-seven (77)~ Dayton & Irvine's Addition ; Third street : Sixth street, east of Sibley: Eighth street, east of Sibley; Ninth street, east of Sibley: Maria avenue; Bates avenue; and all such avenues. streets or alleys as the common council may from time to time duly authorize by resolution passed by a vote of two-thirds 2-3 » of all the members elect, all of said poles to be under the supervision of and subject to the control of the city engineer and the committee on streets, and upon and under the follow- ing conditions and instructions, to-wit: Such poles shall not be less than forty (40) feet in height above the ground, and 181 shall not be less than sixteen (16) inches in diameter at the bottom, and eight (8) inches in diameter at the top: they shall be planed and painted a dark color for the distance of six feet from the ground, and from that point to the top they shall be painted white; they shall be set one hundred (100) Eeel apart, except otherwise expressly permitted by the city en- gineer, ami at least five (5) feet at the top of all poles of said company shall be, in consideration of the pass- age of this ordinance, the exclusive property of the city, ami reserved for the use of the fire and police de- partments of said city. And in case any other corpora- tions, companies or persons are now. or shall be at any time hereafter, permitted by the common council of said citv to erect poles or string its wires for the purpose of electric lighting, and such corporation or corporations, com- pany or companies, person or persons, shall desire to use the poles so erected by said The Eureka Improvement Company for the purpose of supporting the wires for such purpose, such corporations, companies or persons shall be entitled to do so upon paying to said The Eureka Improvement Company, its successors or assigns, its proportionate share of the cosl oi uring and erecting such poles, to be determined as fol- lows: Upon the erection of poles upon any of said streets, said The Eureka Improvement Company shall immediately. report to said city engineer the actual cosl of such poles as ted, and said city engineer shall ascertain and determine the actual cosl of said poles so erected and certif) the amount which lie -hall find to lie correct, and keep a record thereof in In- office for public inspection. Upon the first application as aforesaid to use the poles so erected, tin- applicant shall pay to the Eureka [mprovemeni Company aforesaid, its successors or assigns, one-half i' ■> of said actual cosl of the pol< used, a- determined by --aid city engineer; and in case of a second application, the applicant shall pay one third i! :; i ot the actual cosl of the poles so used, the same to he divided equally between the -aid The Eureka rrnprovemenl Companj and tin- first applicant, and successive applicants -hall pa) their proportionate share of -m h co t, th< ame to he divided proportionate!) in like manner, and all applicant o paying their proportionate share of the cost of said poles shall become and be by common consent joint owners with said The Eu- reka Improvement Company of said poles, and shall be enti- tled to use them for the purpose of electric lighting (as long :is they do not come within a distance of two (2) feet of the wire on the said poles owned and operated by said The Eu- reka Improvement Company). And it is conditioned that if any other corporations, companies or persons have procured, or shall procure, like permission from said common council rect its poles on said streets, or any of them, and shall actually erect its poles on any of said streets before the said The Eureka Improvement Company shall have erected its poles on said street, then the permission hereby granted is withdrawn, and said The Eureka Improvement Company shall be restricted to using such poles then already erected, under the conditions as here contained. And it is expressly provided that in case the said The Eureka Improvement Company shall refuse to allow any ap- plicant to use its poles upon payment of the proportionate part of said poles, as herein provided, thereupon the right of the said The Eureka Improvement Company to erect and maintain its poles upon the streets of said city shall cease, and the same shall be forthwith removed from said streets, or any of them, upon and under the order and direction of the com- mon council. 1354. Sec. -4. And no wire shall be placed less than eighteen (18) inches from the center of any pole; cross-arms shall not be placed more than two (2) feet apart. 1355. Sec. 5. The poles hereby authorized to be erected shall be set in the sidewalk in the center of the curb, unless special directions are otherwise given by the city engineer. All poles must be erected to the satisfaction and approval of said citv engineer and committee on streets. 1356. Sec. 6. Whenever any street on which any poles shall have been set shall be graded or paved, or the curb line changed, the said The Eureka Improvement Company shall. at its own cost, reset said poles so as to conform to the street as reconstructed. 489 1357. Sec. 7. The common council reserves the right to order and cause The Eureka Improvement Company to place all or any of said wires underground at any time, and in such manner as the common council may direct, under the direc- tion and supervision of the city engineer, and to order any and all poles removed from off of the streets whenever it may deem proper to have the said The Eureka Improvement Com- pany lay the wires of said company underground. 1358. Sec. 8. Unless one (1) mile of poles have been placed, with electric currents thereon to furnish lighting power on said mile of posts adequate to the public and pri- vate demands, within nine (9) months from the acceptance of this ordinance, the same shall be absolutely void. 1359. Sec. 9. The plant required to furnish the electricity and power necessary under this ordinance shall not be changed from its present location in South St. Paul to some point in the City of St. Paul, or any additional one erected in the City of St. Paul, without the location thereof first having been ap- proved by the common council of said city. 1360. Sec. 10. This ordinance shall be in force from and after the filing with the city clerk, by the said The Eureka Improvement Company, of a resolution duly adopted by its board of directors, accepting it upon all the terms and condi- tions herein contained, and such acceptance shall be deemed an agreement of said The Eureka tmprovemenl Company with said city to perform all and singular all the matters and things required of said company to be performed under this ordi- nance, and such acceptance shall contain an express agree- menl to perform all of said matters and things b\ said The Eureka Improvement Company obligated to be performed in this ordinance. And it is further provided that the rights hereby granted are further subjeel to all the conditions and requirements of the ordinance heretofore passed allowing The Eureka fmprovemenl Conrpan) to use the streel ol said city for the purpi ise i >f eleel ric lighl ing. (Rights forfeited by Resolution of the Common Council, ap proved M;i\ 29, I! I |!MI FARWELL, OZMUN, KIRK & COMPANY. I Approved Sept. 2, 190 1. > 1361. Whereas, There was heretofore presented to the B >ard of Aldermen, one of the branches of the Common Coun- cil of the City of St. Paul, the petition of Farwell, Ozmnn, Kirk t\ Company, a corporation, the owner of all the land and property abutting upon and adjoining the portion of Second street in the City of St. Paul, hereinafter described, praying for the vacation and discontinuance of the northerly seven- teen (17) feet of said Second street, which lies south of that portion of Lot numbered one (1), in Block numbered thirty- one (31). of St. Paul Proper, which is known and described as Lots seven (7), ten (10) and eleven (11), of the subdivision of Lot one (1), in Block thirty-one (31), of St. Paul Proper, and which is hereafter to be known as Lot numbered eight (8), of Auditor's Subdivision number thirty-five (35), said portion so to be vacated being more particularly described as follows : Commencing at the southwesterly corner of said lot numbered one (1), of block numbered thirty-one (31), of St. Paul Proper, according to the recorded plat thereof ; thence southerly and along the westerly boundary line of said lot numbered one (1). produced a distance of seventeen (17) feet ; thence easterly and parallel to the southerly line of said lot numbered one (1) a distance of one hundred sixty (160) feet; thence to the right, thirteen degrees (13°), a distance of twenty-three (23) feet; thence to the left, seventy degrees (70 ) and thirty minutes (30'), a'distance of fifteen (15) feet; thence westerly along the southed)' line of said lot numbered one (1) a distance of thirty (30) feet to the monument locat- ed in the angle in the southerly boundary line of said lot num- bered one ( 1 ) : thence westerly along the southerly boundary line of said lot numbered one (1) a distance of one hundred sixty-five and ninety-seven one-hundredths (165.9 1 ) ) feet to the place of beginning, and more particularly described and shown upon the plat annexed to said petition, which said peti- tion is duly verified as required by law, and sets forth the facts and reasons for such vacation ; and I'.n 1362. Whereas, The Board of Aldermen deemed it expe- dient that the matter therein referred to should be proceeded with, and ordered said petition and accompanying plat to be tiled of record in the office of the City Clerk of said city, and ordered said clerk to give notice by publication in the official paper of said city, in the manner and for the time required by law, that said petition and the subject matter thereof would be heard and considered by the Committee on Streets of said Board of Aldermen at a meeting thereof to be held on the 21th day of August, 1904, at -A o'clock P. M. of that day, at the Council Chamber in the Court House and Cit) Ball build- ing in said city, to which said committee said matter was duly referred for hearing and report thereof, and thereupon said petition and plat were duly filed in the office of said City Clerk, and said notice was duly given and published as re- quired by law ; and 1363. Whereas, The said Committee on Streets of said Board of Aldermen did meet at the time and place above men- tioned and appointed for the hearing, investigation and con- sideration thereof, and did then and there duly investigate and consider the matter of said proposed vacation, and did then and there hear all testimony and evidence adduced on the part of the petitioner, and all other persons interested in the matter of said proposed vacation, and did take proof of the matter- averred in said petition, and. Being of the opinion that the prayer of said petition should he -ranted upon the term- hereinafter stated, did duly report i t > conclusions td said Board of Aldermen, recommending the adoption of an appropriate resolution declaring such vacation; new. th fore, it i- hereby 1364. Resolved, By the Common Council of the City of St. Paul, that the northerly seventeen (17) feel of Second street, which lie- south of that portion of lot numbered one (1), in block numbered thirty on,- (3i) ( ,,f St. Paul Proper, which is known and described ;i- lot- seven (7), ten (in, and eleven ( 1 1 l, of the subdivision of lol one I i I, in block thirtj one I 31 I, of St. Paul Proper, and which i- hereafter to be known as lol numbered eighl (8), of Auditor's Subdivision number thirtj 192 said portion so to be vacated being more particu- - : Commencing a1 the southwesterly ■ l lot numbered one (1), of block numbered thirty- Paul Proper, according to the recorded plat itherly and along the westerly boundary I numbered one (1), produced a distance of thence easterly and parallel to the soutfr- I lot numbered one (1) a distance of one hun- 160) feet; thence to the right, thirteen degrees listance of twenty-three (23) feet; thence to the left, i and thirty minutes (•"><)'), a distance (15) Feet; thence westerly along the southerly line umbered one ' 1 i a distance of thirty (30) feet to lonument located in the angle in the southerly boundary .id lot numbered one ill; thence westerly along the herly boundary line of said lot numbered one (1) a dis- • one hundred sixty-five and ninety-seven one-hun- Iths I 165.91 i feet to the place of beginning, as shown upon the plat annexed to said petition, be and the same is hereby >n tinned as a public street, subject, however, ing term- and conditions, that is to say: 1365. Such vacation is upon the express condition that said petti Farwell, Ozmun, Kirk & Company, shall in all fulfill and perform all the terms and conditions of Ordi- nani said city, approved April 29, 1904, referred d petition, except -aid petitioner may extend the build- in -aid ( trdinance No. 2444 so that the south- wall thereof shall take the place and be in lieu of the : wall required to be constructed under and by the tcrn ordinance, and said petitioner shall also pay into -aid city the sum of twenty-five dollars C$25), 1 *ddi! i" this proceeding, which is hereby pensation to be paid to said city in consider- •ion. 493 THOMAS FITZPATRICK. Ordinance No. 2321. (Approved October 23, 1902. 1 1366. An Ordinance granting to J. C. Prendergast and Thomas Fitzpatrick the right to construct a tun- nel under Sixth street, between Wabasha street and Cedar street, in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. There is hereby granted to J. C. Prendergast and Thomas Fitzpatrick the right to construct, and for the period of twenty-five (25) years from the passage and acceptance of this ordinance to maintain a tunnel of such si/.c and shape as may be approved- by the Commissioner of Public Winks, and at such place as he may direct, a tunnel extending from the building owned by said William Endicott and 1 lcnr\ Kndi- cott, and situate on lots 12, 13, 14 and 15, in block 6, in Si. Paul Proper, and part of lot 11, in said block, underneath the surface of said Sixth street, to the brick building situate on lot 5, in block 9, of St. Paul Proper, and to lay and maintain in said tunnel the necessary pipes for conducting steam from the building and premises first herein described to the building and premises on the opposite side of said Sixth street, and located upon lot 5, of block 9, aforesaid, for the purpose of supplying heat for said last mentioned building. 1367. . '.'. The privilege hereb) conferred is granted upon the condition that the grantee herein -hall assume all liability that may arise out of or be caused b\ th( of the privilege so granted, and -hall at all times save the City of St. Paul harmless therefrom, and from all damag< and i growing oul of or arising from the construction and maintenance of said tunnel, and the pipes authorized to be laid therein. 1368. Sec. ■"'. No excavation shall he made in said Sixth streel for the purpose of constructing said tunnel, and the same shall be placed ;it such poinl beneath the surface of the I!U - public safety and convenience may require, and shall 1»\ the Commissioner of Public Works. 1369. I. The privilege hereb) conferred -shall not at ■ 1. transferred or assigned to any other per- rporation without the consent of the City of be expressed by ordinance or resolution duly - Common Council, and shall be held and exer- by the grantees herein named, and their author- • the purpose of supplying to the building now ted on lot 5, and shall not be used or employed for any se, and the grantees herein named shall not permit the ri^ht> and privileges hereby conferred, or any of the conduits herein authorized to be laid or main- tained, t" he u>ed in any manner by any other person, firm or on now or hereafter engaged in the business of fur- nishing heal to the City of St. I'aul and its inhabitants. 1370. Sec. .Y The grantees herein shall not furnish steam in) of the buildings located on said lot 5, except under written contract with the owner, lessee or tenant there- ase may be, and such contract shall provide for a stablished charge therefor which shall at no time than the actual cosl of supplying the same, and said - shall keep an accurate set of books of account which, mes truthfully set forth and disclose both the supplying such steam heat and the amount charged or therefor, and duplicate copies of all such contracts upon the execution thereof, shall be filed in the of- 'ity Comptroller, and the book of account so re- kept, under the provisions of this section shall at be open to the examination and inspection of the mptroller, and said grantees shall annually, on or rst Mon< lay in February of each year, file in the !ity Comptroller, a statement such as is required hapter [V, of the Charter of the City of St. The amounts charged or received for so supplying t to the buildings located on said lot 5, shall be taken derived by the grantees herein from and enjoyment of the privilege hereby granted, •±95 and said grantees, on or before the first Monday of March in each year during the time the privilege herein -ranted shall remain in force, shall pay unto the City Treasury a license fee in a sum equal to 5 per cent of the gross earnings derived or accruing from the exercise and enjoyment of the privilege hereby granted. 1371. Sec. 6. The grantees herein, before exercising the privilege hereby conferred, shall execute and deliver to the City of St. Paul a good and sufficient bond thereto in the sunt of five thousand dollars ($5,000.00), in such form and with such sureties as shall be approved by the Corporation Attor- ney of said city, conditioned for the faithful performance bj said grantees of all the obligations and conditions hereby im- posed, and the Common Council may at any time thereafter require that said bond shall be replaced with a new bond with other or additional sureties thereon, said new bond to be sim- ilarly o inditii med. 1372. Sec. 7. In the event that the grantees herein, or their authorized assigns, shall fail at any time to comply with, or in the event of a breach by them of any of the terms, pro visions, conditions or limitations herein contained, the priv- ilege hereby granted shall forthwith terminate and become forfeited to the City of St. Paul, and said city shall have the right to close Mich tunnel, or make such public nse thereof as public intefesl ma\ require. 1373. Sec. 8. The grantees herein, within thirty days after the passage and publication of this ordinance -hall tile with the Cit'3 Clerk their written acceptance thereof, and therein shall agree to abide by, keep and perform all the terms, limi- tation-, conditions and provisions thereof; such acceptani be in such form as shall be approved by the Corporation At- torney, and within said period said grantei - shall file in office of the City Comptroller a certified cop) of such acceptance, together with the bond herein provided I See. 8. This ordinance -had take effecl and be in force from and after it- passage, publication and acceptance hereinbefi »re pre ivided. I'm; BROS. AND KELLY MERCANTILE COMPANY Ordinance No. 1914. (Approved March 30, 1897.) 1374. An Ordinance granting to Foley Bros. & Kelly Mer- cantile Company, a corporation, permission to build a platform along the south side of Third street. in. ui Council of the City of St. Paul do ordain as foil 1. That Foley Bros. & Kelly Mercantile Company ind it is hereby authorized and empowered to construct a platform along the south side of Third street so that the same shall commence at a point 38 feet easterly from Sibley street, and thence run along the sidewalk on said Third street 20 feet i platform now existing on said sidewalk, and also from the easterly end of said platform 14 feet further easterly, the 1 one | 1 i. tWO ( 2 ) and three ( 3 ). of Block I. I topkin's Addition, and shall not be used or employed for any other purpose what soever. 1379. Sec. 5. The grantee herein shall nol furnish lighl or heal to the building to be erected on said lots I. 2 and 3, Block L, of Hopkin's Addition, excepl under written contracl with the owner or tenant thereof, and such contracl shall pro vide For a fixed and established charge, which shall, at no time, be less than the actual COSI of Supplying said heal and light, and s a id grantee shall keep an accurate sel of books oi ■nut. which shall at all times truthfully set forth and dlS- ■■ both the cosI of supplying lighl and heat and the amounl charged or received therefor, and said l ks of accounl shad at all times be open to the examination and inspection of the Cit) Comptroller oi the City of St. Paul. Said grantee shall annually, on or before the first Monday in February of each and everj year, file in the office of said City Comptroller, a ment such as is required by Section 27, Chapter 4, of the Charter of the City of St. Paul, and said grantee shall likewise and on or before the first Monday in March of each and every year, pay into the City Treasury a license fee in a sum equal per cent of the gross earnings derived or accruing' from the exercise and enjoyment of the privilege hereby granted. 1380. Sec. 6. The grantee herein shall execute and deliver he City of St. Paul a good and sufficient bond in the sum of Five Thousand Dollars ($5,000.00), in such form and with such sureties as shall be approved by the Corporation Attor- ney of said city, conditioned for the faithful performance by -aid grantee of all the obligations and conditions hereby im- 1. This bond shall be executed and delivered before any of the privileges hereby conferred are exercised by the gran- herein. 1381. i . In the event that the grantee herein shall fail at any time to comply with any of the terms, provisions, con- ditions or limitations herein contained, the privilege hereby granted shall forthwith terminate and become forfeited to the of St. Paul, and said city shall have the right to close such tunnel or make such public use thereof as the public in- lay require. 1382. - Within thirty days after the passage, ap- proval and publication of this ordinance, the grantee herein shall tik- with the City Clerk his written acceptance thereof, in such form as shall he approved by the Corporation Attorney, and within the same period, the said grantee shall file in the office of the City Comptroller, a certified copy of such accept- ance, together with the bond herein provided for. 9. This ordinance shall take effect and be in force from and after its passage, approval, publication and accept- ance as hereinbefore provided. 499 GASLIN, DAVID. Ordinance No. 2075. (Approved October 6, 1899.) 1383. An Ordinance granting unto David Gaslin permis- sion to use a portion of the levee in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority be, and the same is hereby given, upon the conditions hereinafter named, unto David Gaslin, to use and occupy for the full period of twenty- five (25) years from the date of the passage of this ordinance. for the manufacture of lumber of all kinds and descriptions usually made by sawmills, and the rafting and storing of logs upon the shore, all that portion of the levee in the Sixth ward of the City of St. Paul described as follows: All those portions of lots numbered 9, 10, 11 and 12, in block 17, and lots numbered 7, 8 and 0, in block 18, of Brook- lynd, according to the plat thereof on file and of record in the office of the Register of Deeds in and for the County of Ram- sey and State of Minnesota lying northerly of the line drawn parallel with the southerly side of the alley running easterly and westerly through said blocks 17 and is, and distanl forty (40) feet upon the northerly direction therefrom, together with any accretions which may be added therein on the river side or end thereof. This grant of permission is made by and on behalf of the City of St. Paul upon the express terms and conditions here inafter sel forth, to-wil : Firsl Said grantee above named shall pa) to the ( ity of St. Paul a^ compensation and rental for the privileges and premises hereby -ranted, demised, leased and let, the sum ol One Dollar ($1) per annum, payable annually in advance, for and during the time herein specified. ond The said grantee shall ereel upon the property above described and hereby and herein demised, leased and let, a sawmill thirty-sia (36) feel in width by one hundred (100) feel in length, suitable to the business to be conducted, and .Mm such other buildings as the condud of his business shall here- after require, upon the lots hereby leased, in the conduct of his business, either by the erection of buildings thereon or for the piling of lumber, slabs or any kind of the product of said business Ml of said buildings shall be built of wood, and shall be built under and upon plans approved by the Building [nspector of the Cit) of St. Paul after obtaining a proper per- mit therefor. Said building shall be used for the manufac- turing purposes above se1 forth and in connection therewith. Provided, however, that the chimneys and smokestacks, if any there be. to be used in said buildings, shall extend at least fifty (50) feet above the grade of the streets adjacent thereto, and provided that the Common Council of the City of St. Paul may. by special resolution, permit the erection by said grantee uildings of a different character and material than those above set forth. The forty (40) foot strip reserved, northerly from the southerly line of the alley in blocks IT and 18 of Brooklynd, shall be maintained by the grantee herein as a pub- lie alley or highway. Third — Tin- grantee herein named shall complete said building- and have his said business in full operation within twelve i 12) months from the passage of this ordinance, and within ninety I 90 I days after the expiration of the term of the lease herein granted said building or buildings shall be re- moved from said above described premises by said grantee, and in case of failure to remove said building or buildings within the time above specified, those buildings or such part thereof ;i< may thereafter remain on said premises shall be- come the property of the City of St. Paul. Fourth — The said grantee shall and will forever indem- nify and save harmless the city of St. Paul against any and all damages, judgments, claims, costs and expenses of the same which said city may suffer, or which may be recovered or ob- ained from or against said city from or by reason of or grow- ing out of or resulting from the passage of this ordinance or the performance or transaction of any matter or thing con- nected therewith or mentioned therein, or with the exercise by said grantee of the privilege herein and hereby granted. 501 1384. Sec. 2. This ordinance shall not be construed as in any manner guaranteeing or warranting any of the rights ami privileges herein and hereby granted, nor the title of any of the lands herein described and herein and hereby demised. leased and let. 1385. Sec. 3. All piling, riprapping and rilling necessary to be done on the land above described shall he let to St. Paul contractors, or he performed by persons and laborers residing in the City of St. Paul, and all of the stone which ma\ be used in the construction of any of the said buildings to lie con- structed on said premises which the grantee herein has nut already provided for, shall be of St. Paul manufacture, ami shall be quarried within the city limits of the City of Si. Paul. 1386. See. 4. If the said grantee shall fail in any respeel to comply with any of the provisions of this ordinance, in any particular, then all the rights and privileges herein ami herebj granted shall terminate and shall be and become immediately forfeited to the City of St. Paul, and said grant or lease ■-hall be thereby terminated and forfeited in all things whatsoever. 1387. See. •">. All buildings placed on the -aid land herein and hereby demised, leased and let. shall he regarded a- and construed to be personalty for all the purposes of taxation and the grantee herein hereby agree- to pay all the taxes which may be levied or assessed on said buildings, and in case the said grantee shall allow said taxes to remain unpaid until the date of the tax sale thereof, then all the rights and privil- herein and hereby granted shall iinmedialeh reverl and become forfeited to the Cite of St. Paul, and this grani or levee -hall thereupon he and become terminated and forfeited in all things whatsoever. 1388. »;. The -aid grantee herein named shall nol later than twelve I l '.' > month- after of this ordi nance begin the prosecution of the manufacturing business hereinbefore described upon the said premises, and during Hie continuance of tin- lease, and all of the privileges and r herein and hereby granted, shall continuous!) prosecute the -ante, employing at all time- during the continuance hei at least and not less than fort \ i Hn men at the mill to be 502 as aforesaid; thai is to say, he shall be, and he is hereby required to operate or run the sawmill hereunder to be constructed, such a length of time in each and every year shall constitute a sawmill season of reasonable duration, rding to the customs and usages of the sawmilling busi- . and it at any time during the term of this lease the gran- tee herein shall fail for any successive thirty (30) days to conduct the said business as aforesaid, then the City of St. Paul shall have the right and option, by resolution of its Com- mon Council, upon thirty (30) days* written notice to the said grantee o\ its intention so to do, to cancel and terminate this kase and forfeit the rights and privileges herein and hereby granted and conferred. Provided, however, that if said failure prosecute the said business as aforesaid shall be shown to the satisfaction of the Common Council of the City of St. Paul to have been caused or occasioned by flood or by damage from tire or the elements, or by strikes, then the period of the continuance of such default, if it be for a reasonable time only, shall not be taken as a part of the said thirty (30) days. Sec. 7. That if the said grantee shall fail to comply with any of the provisions of this ordinance, then the City of St. Paul herein and hereby has the right and option and the priv- . on giving thirty (30) days' notice in writing to the said grantee of its intention so to do, by resolution of its Common Council, to terminate and forfeit this lease and the rights and privileges herein granted and conferred. Provided, however, that in case any forfeiture or termination occurs the grantee herein shall have the right during the six months next follow- ing: such forfeiture to remove his machinery, improvements or other property from the premises. 1389. Sic. S. All rights herein and hereby granted shall be at all times subject to all ordinances of the City of St. Paul now in force or any which may hereafter take effect, and no right- granted or required under the terms of this ordinance be transferred except with the consent of the Common Council first thereto obtained. Sec. 9. The grantee herein shall file with the City Clerk of this city within thirty (30) days after the publication 503 of this ordinance, his written acceptance of the provisions thereof in a form to be approved by the Corporation Attorney of the City of St. Paul. Sec. 10. This ordinance shall take effect and be in force from and after its passage, publication and acceptance. M. A. GEDNEY PICKLING COMPANY. Ordinance No. 1508. (Approved June 12, 1801.) 1391. An Ordinance granting unto M. A. Gedney Pickling Company permission to use a portion of the levee in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority is hereby given and granted unto The M. A. Gedney Pickling Company to use and occupy for the full period of twenty-five (25) years from the date of the passage of this ordinance, for manufacturing purposes, in the line of business in which said company is now engaged, manufacturing pickles, vinegar, mustard and condi- ments, and all things necessary and incident thereto, thai por- tion of the levee in the Sixth ward of the City of St. Paul, de- scribed as follows, to-wit: Tots one (1) and two (2) of block B, in Robertson's Addition to West St. Paul. Provided, that the grantees herein named shall employ in their said business at all times during the term of this fran- a monthly average per year of nol less than fifteen I L5) men. This grant is made upon the express condition that the grantees herein named shall pay to the Cit\ of St. Paul, as compensation and rental for the privilege hereb) granted, the sum of one dollar ($1 - per annum for and during the time herein above specified, payable annually in advam 1392. v. That permission and authority is hereby given and granted unto ih<- said The M. V Gedne} Pickling Company, to erect, construcl and maintain on ^ait seventy-five (75) feet above the grade of the street upon which said building fronts; And provided further, that this ordinance shall not be 5trued as guaranteeing or warranting- any of the rights hereby granted ; And provided further, that the grantees herein named shall complete said building and have said business in opera- tion within ninety (90) days from the passage of this ordin- ance, and that before the expiration of said term of twenty- five (25) year- said building shall be removed from said above ribed premises by said grantees, and in case of failure to remove said building within said time, the same, or such part thereof as may hereafter remain upon said premises, shall be- come the property of said City of St. Paul. 1393. Sec. •'!. Xo rights acquired under this ordinance shall be transferred to any other corporation, company, per- ■ r persons, unless the consent of the common council of ^aid city shall be first obtained. 1394. I. Said grantees shall and will forever indem- nify and save harmless the City of St. Paul against any and all damages, judgments, claims, costs and expenses of same, which it may sufifer or may be recovered or obtained for 'or against said city from or by reason of or growing out of or resulting from the passage of this ordinance, or any matter or thing connected therewith, or with the exercise by said gran- »f privileges hereby granted. 1395. 5. If -aid grantee shall fail in any respect to ply with the provisions of this ordinance, then all the right- and privileges hereby -ranted shall be forfeited to said 'aul. 505 1396. Sec. 6. The said grantees shall hie with the city- clerk, within thirty (30) days after the publication of this or- dinance, their written acceptance of the provisions thereof, the same to he approved by the corporation attorney. Sec. '. . This ordinance shall take effect and be in force from and after its publication and the acceptance thereof as provided in section six (6) of this ordinance. SAME. Ordinance No. 1963. (Approved January ', , 1898.) 1397. An Ordinance granting unto the M. A. Gedney Pickling Company permission to use a portion of the levee in the Sixth ward, of the City of St. Paul. The Common Council of the City of St. Paul '1" ordain as follows : Sec. 1. That permission and authority is hereby given and granted unto The M. A. Gedney Pickling Company to use and occupy for the full period of eighteen years and seven months from the date of tin- passage of this ordinance, for manufacturing purposes, in the line of business in which said company is now engaged, manufacturing pickles, vinegar, mustard and condiments, and all other things necessary and incident thereto, that portion of the levee in the Sixth ward, of the City of St. 1'anl. described as follows, to-wit: Lot three (3) and tin- Easterly one-half (J^) of I."! four (\) of Block 1'.. in Robertson's Addition to West St. Paul; Provided, That the grantee herein named shall emplo) in iid business at all times during the term of this franchise a monthly average per year of not less than fifteen I 15) men. This granl is made upon the express condition that the gran tec herein nani.d shall pa\ to the Cit) of St. I'atd. as com- pensation and rental for the privileges herebj granted, the sum of one ($1) dollar per annum for and during the time herein above specified, payable annuall) in advance. 1398. That permission and authority is hereby given and granted unto tin -aid The \i. \. Gedne) Pickling Company, t" erect, construci and maintain ',n said lots such buildings as may be suitable and necessary for in their said business which building or buildings shall uilt under the directions and according to the instructions of the Building Inspector of said city, upon obtaining a permit do, and the payment of the proper fees therefor. Provided, however, that the chimney and smokestack, if any, to be used in connection with such business, shall extend at least seventy-five (75) Feet above the grade of the street upon which said building fronts: And. provided further, that this ordinance shall not be •rued as guaranteeing or warranting any of the rights hereby granted : And. provided further, that before the expiration of said term of eighteen years and seven months, said building or buildings shall be removed from said above-described prem- ises by said grantee, and in case of failure to remove said building or buildings within said time, the same, or such part thereof, as may thereafter remain upon said premises shall become the property of said City of St. Paul. 1399. Sec. 3. No rights acquired under this ordinance shall be transferred to any other corporation, company, per- son or persons, unless the consent of the Common Council of said city shall be first obtained. 1400. Sec. 4. Said grantee shall and will forever indem- nify and save harmless the City of St. Paul against any and all damages, judgments, claims, costs and expenses of same, which it may suffer, or may be recovered or obtained for or against said city from or by reason of, or growing out of, or resulting from the passage of this ordinance, or any matter or thing connected herewith, or with the exercise by the said grantee of the privileges hereby granted. 1401. 5. If said grantee shall fail in any respect to comply with the provisions of this ordinance, then all the rights ami privileges hereby granted shall be forfeited to said City of St. Paul. 1402. 6. The said grantee shall file with the City within thirty daw after the publication of this ordi- 505 nance its written acceptance of the provisions thereof, the same to be approved by the Corporation Attorney . Sec. ',. This ordinance shall take effect and be in force from and after its publication, and the acceptance thereof as provided in Section six (6) of this ordinance. SAME. Ordinance No. 1992. (Approved July 23, 1898.) 1403. An Ordinance granting to The M. A. Gedney Pick- ling Company permission to erect and maintain a set of scales for weighing hay, coal and all kinds of provisions necessary to be weighed. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Permission is hereby granted to The M. A. Ged- ne_\ Pickling Company to erect and maintain a set of scales in Water street, adjoining Block "B," of Robertson's Addition to West St. Paul, for weighing hay. coal and all kinds of pro visions necessary to be weighed. The said scales to be erect- ed at such a point in said street and in such a manner as shall be directed by the City Engineer of St. l'aul, and under his directi' >n. Tin- City of St. Paul reserves the righl to order said .scale- to be removed al an) time, and the said The M. \. Ged ney Pickling Company agrees to remove the same whenever so directed by a resolution passed by the Common Council of said city, and upon Mich removal t<> restore that portion oi the streel upied by said scales to it- presenl condition; the said company, in the construction of said scales and thi moval thereof, and al all times during the maintenance of said scale, is to proteel the said city and save and keep n harmless from an) and all damages thai may ari msequence of the construction and maintenance or removal of the same. 1404. Sec. 3. This ordinance -had taki effeel and be in force from and after its pa ind publication, and upon the filing by said The Al. \ Gedne) Pickling Company, in the 508 the Cit\ Clerk of Si. Paul, of a written acceptance thereof in such form as shall be provided by the Corporation ney. SAME. Ordinance No. 2372. (Approved May 6, 1903.) 1405. An Ordinance giving consent and approval of a transfer, assignment and conveyance by the M. A. Gedney Pickling Company to the St. Paul Roofing, Cornice & Ornament Company, of its rights in and to Lots numbered one (1), two (2) and three (3), and the easterly one half i}/z) of Lot number four (4), in block "B," of Robertson's Addition to West St. Paul. The Common Council of the City of St. Paul do ordain as follows : 1. That consent, permission and approval of the of St. Paul is hereby given and granted to the sale, as- signment, transfer and conveyance, by the M. A. Gedney Pick- ling Company, of all its rights and interest in and to lots num- bered one I 1 i. two (2) and three (3), and the easterly one- half | f 2 I of Lot numbered four (4), in Block "B," of Robert- son's Addition to West St. -Paul, in the City of St. Paul. Min- nesota, to the St. Paul Roofing, Cornice & Ornament Com- 1 any. as the same are now held and exercised under Ordinance No. 1508 of said City, approved June 12, 1891, and all other ordinances subsequent and supplementary thereto; it being expressly understood that such consent is upon condition that -aid St. Paul Roofing. Cornice & Ornament Company shall take and hold the same subject to all conditions herein tined. in so far as they apply to the nature and business transacted by it. and that it will comply with all the terms and conditions.of said ordinance granting rights in said prop- to said M. A. Gedney Pickling Company. 2. This ordinance shall take efifect and be in force n and after its passage and publication. 509 GREAT NORTHERN RAILWAY CO. Ordinance No. 2320. (Approved Oct. 23, 1902.) 1406. An Ordinance granting permission to the Great Northern Railway Company to construct a tunnel under Third street, in the City of St. Paul, for the purpose of transmitting heat and light to its freight houses and other buildings. The Common Council of the City of St. Paul do ordain as follows : Whereas. The Great Northern Railway Company is de- sirous of obtaining the right to construct a tunnel under Third street, for the purpose of heating and lighting its freight houses and other buildings now constructed, on the south side of Third street, in the said City of St. Paul, Minnesota; Sec. 1. There is hereby granted to the Great Northern Railway Company the right to tunnel under Third street, in said City of St. Paul, and to place and maintain therein for the period of twenty-five (25) years from the passage of this ordinance, steam pipes and electric light wires, for the purpose of conveying steam and electric current from the heating and lighting plants in its general office building, on the north side of Third street, to its freight houses and other buildings, now or hereafter constructed, on the south side of said Third et, for the purpose of supplying said freight houses and other buildings with heat and lighl during said period, upon 'condition, however, thai said Great Northern Railwa) Com- pany, its successors and assigns, shall comply with all the provisions of this ordinance, 1407. -.'. The grantee herein, and its successors and assigns, within the period of thirt) (30) clays after the pa and publication of this ordinance, shall file in the office of the Cii\ Clerk, in the Cit) of St. Paul, its written acceptance thereof, the same to be in such \<>v))] us shall be approved by the Corporation Attorney, and shall construct said tunnel and •conned said buildings with the proper steam pipes to be laid 510 therein within the period of three (3) months from the passage and publication of this ordinance. 1408. Sec. 3. Said tunnel shall be constructed and said steam pipe placed therein under the direction of the Commis- sioner of Public Works of the City of St. Paul, and shall be constructed in such manner as he shall direct, and the grantee herein, its successors and assigns, shall forever keep and bear harmless the City of St. Paul from any and all damages, costs and expense in any manner arising out of the construction and maintenance of said tunnel and steam pipe. 1409. Sec. 1. The rights and privileges hereby granted shall he held and exercised by the grantee herein, its succes- and assigns, subject to all the conditions and limitations contained in the charter of the City of St. Paul, including the filing of the statement provided for in Section 27, Chapter IV of said charter, and the payment of a license fee of five (5) per cent, of the gross earnings arising from the sale of steam or heat to the buildings so to be supplied under the provisions hereof, or in any manner arising from the sale of heat and light in the exercise and enjoyment of the rights and privileges hereby granted. 1410. 'Sec. -V The rights and privileges conferred by this ordinance shall not in any manner, directly or indirectly, be -old. assigned, leased or in any way transferred to any other ;on, company, corporation or association, without first ob- taining the consent of the Common Council of said city by resolution duly passed for that purpose. 1411. Sec. (i. In case the grantee herein, its successors or assign-, shall at any time fail to comply with, or in case of a breach by it of any of the terms, provisions, conditions or limi- tations contained in or provided for in this ordinance, all the rights and privileges hereby granted forthwith shall terminate, and become forfeited to the City of St. Paul without any fur- ther act or ceremony whatsoever. Sec. 7. This ordinance shall take effect and be in force from and after its approval, publication and acceptance, as hereinbefore provided. ■Ml GRIGGS, COOPER & COMPANY. Ordinance No. 2203. (Approved July 20, 1901.) 1412. An Ordinance granting permission to Griggs, Cooper • & Company, to construct and maintain an elevated platform in front of the premises occupied by said company, in the City of St. Paul. The Common Council of the City of St. Taul do ordain as follows : Sec. 1. Permission is hereby granted to Griggs, Cooper &• Company, to construct and maintain on the sidewalk in front of the premises occupied by them on the south side of Third street, in front of lots 1 and 2, block 29, Bopkin's ad- dition, an elevated platform 16 feet long, made of wood, the highest point of which shall not extend higher than 23 inches from the level of the sidewalk, and said platform to have taper- ing ends. Before any work is done on said platform a permit shall be secured from the City Engineer for the erection of same. Said platform to be erected under the supervision and direction of the City Engineer, subject to the cider of the Common Council of the City of St. Paul, at any time directing tin- removal of same. 1413. Sec. 2. This ordinance shall be in force from and after its passage and publication, and upon the filing b) said Griggs, Cooper & Company, with the Cit) Clerk, of a bond in the penal sum of five thousand ($5,000.00) dollars, in a form to be approved by the Corporation Attorney, conditioned to save the City of St. Paul harmless from any and all damages which may arise from the construction or maintenance of said ele- vated platform. S 1 2 HAAS & ANDERSON. Ordinance No. 2259. | Approved Feb. 34, L902.) 1414. An Ordinance authorizing the firm of Haas & Ander- son to erect a frame building forty by fifty feet up- on Lot 3, Block 180, Robertson's Addition to West St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Permission and authority are hereby granted to Messrs. W. J. Haas and John G. Anderson, doing business under the firm name of Haas & Anderson, to construct and erect upon Lot three (3), Block one hundred eighty (180), Robertson's Addition to West St. Paul, a frame building sub- stantially forty | L0) by fifty (50) feet, the structure to be cov- ered with iron and to be constructed under the superintend- ence of the Building Inspector of the City of St. Paul, and said Building Inspector is hereby authorized to issue to said Haas & Anderson a proper permit therefor. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. W. B. HASTINGS. Ordinance No. 2516. (Approved June 9, 1905.) 1415. An Ordinance granting to W. B. Hastings the right to construct a tunnel under Wacouta street. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Privilege and authority is hereby granted W. B. Hastings to construct and for the period of twenty-five years after the passage and acceptance of this ordinance to maintain 9 tunnel of such size and shape as may be approved by the Commissioner of Public Works, and at such place as he may direct, extending from the rear of the building known and de- scribed as 2±2 East Fourth street, underneath the surface of 513 Wacouta street, to the building owned by the Schutte estate situate on the westerly side of said Wacouta street, and to lay and maintain in said tunnel the necessary pipes for conveying steam for heating" purposes. 1416. Sec. 2. The privilege hereby conferred is granted upon condition that said grantee shall assume all liability that may arise out of or be caused by the exercise of the privilege so granted, and shall at all times save the City of St. Paul harmless from any and all damages, costs and expenses grow- ing out of or arising from the construction and maintenance of said tunnel and pipes authorized to be held therein. 1417. Sec. ■'!. No excavation shall be made in said Wa- couta street for the purpose of constructing said tunnel, and the same shall be placed at such point underneath the surface oi the street as public safety and convenience may require and as shall be prescribed by the Commissioner of Public Works. 1418. Sec. 4. The privilege hereby conferred shall not at any time be sold, transferred or assigned to any other person, firm or corporation without the consent of the City of St. Paul, and shall be held and exercised for the sole purpose of sup- plying heat to said Schutte building. The grantee herein shall not furnish heat under the authority hereby -ranted ex- cept under written contract with the owner of assignee of said Schutte building, and said contrad shall provide for a and established charge which shall at no time be less than the actual COSt of supplying said heat, and said grantee -had keep an accurate set of books of accounl which shall at all times truthfulK set forth and disclose both the cosl of supplying smdi heal and the amounl charged or received therefor, and said bool counl shall al all times be open to the exam- ination and inspection of the Comptroller of the Cit) ol St. Paul. 1419. Said grantee -had annually on or before the Monday of February in each year file in the office of the City Comptroller a statemenl such as is required '>• 27, Chapter IV, of the Chart- r of said city, and said grantee shall likewise on or before the first Monday of March of each and every year, pay into the City Treasurj ;i Ho in a 51 I sum equal to 5 per cent of the gross earnings derived or ac- cruing from the exercise and enjoyment of the privilege here- by granted. 1420. Sec. 6. The grantee herein shall execute and deliver to the City of Si. Paul a good and sufficient bond in the sum of five thousand dollars ($5,000.00) in such form and with such sureties as shall be approved by the Corporation Attor- ney of said city, conditioned for the faithful performance by said grantee of all the obligations and conditions hereby im- 1. such bond to he executed and delivered before any of the privileges hereby conferred are exercised by said grantee. 1421. Sec. ', . In the event that the grantee herein shall fail at any time to comply with any of the terms, provisions, conditions or limitations herein contained, the privilege here- by granted shall forthwith terminate and become forfeited to the City of St. Paul, and said city shall have the right to close said tunnel or make such public use thereof as in the judg- ment of the Common Council the public interest may require. 1422. See. 8. Within thirty days after the passage, ap- al and publication of this ordinance, the grantee herein shall hie with the City Clerk his written acceptance of this ordinance, in such form as shall be approved by the Corpora- tion Attorney, and within the same period said grantee shall file in the office of the City Comptroller a certified copy of such acceptance, together with the bond herein provided for. Sec. 9. This ordinance shall take effect and be in force from and after its passage, approval, publication and accept- ance as herein provided. SAME. Resolution of the City Council. (Approved March 24, 1905.) 1423. Resolved, That until the further order of the Com- mon Council, permission be and the same is hereby given to \\ . B. Hastings to lay and maintain a steam pipe under Wa- couta street from the rear part of the building known as No. 242 East Fourth street to the building on the westerlv side of 515 Wacouta street owned by the Schutte estate, upon obtaining" the proper permit from the Commissioner of Public Works. HORNE & DANZ COMPANY. Ordinance No. 1401. (Approved Sept. 5, 1890.) 1424. An Ordinance granting unto the Home & Danz Company permission to use a portion of the levee in the Sixth ward in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority is hereby given and granted unto the Home & Danz Company to use and oc- cupy fur the full period of ten (10) years from the date of ap- proval of this ordinance fur manufacturing purposes in the line nf business in which said company is now engaged, that por- tion of the levee and land in the Sixth ward of the Cit\ of St. Paul described as follows: Lot number five (5) of block number three (3) of Bazille & Robert's addition to Wesl St. Paul. 1425. See. '!. That permission and authority is hereby given and granted unto the Nome & Danz Compan) to erect. construct and maintain frame buildings upon said premises for use of their -.aid business a-- may be necessar) or convenient for the carrying on of their -aid business, all of which build ings shall be built under the direction and according to the instructions of the building inspector of the Citj of Si. Paul, upon the obtaining of permits so to do and the paymenl of the proper fees therefor; provided that this ordinance shall not he trued as guaranteeing or warranting any ol the rights hereb) granted. 1426. Sec. 3. X" rights acquired under this ordinance shall be transferred to any other person unless the consent "f the ci .iiiinon ci tuncil -hall be first obtained. Sec. I. This ordinance -hall take effect and be in force fr< on and after its publication. ( >rdinanc< No 8250 I I lorne & I 'an/ ('<■. i in thi ti' >n. 516 JOESTING & SCHILLING. Ordinance No. 2025. I Approved January 20, 1899. I 1427. An Ordinance granting unto Frank H. Joesting and Christian Schilling permission to use a portion of the levee in the Sixth ward in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follow- : Sec. 1. That permission and authority be and the same is hereby given unto Frank 11. Joesting and Christian Schill- to use and occupy for the full period of Twenty-five (25) years from the date of the passage of this ordinance, for the purpose of constructing and manufacturing furnaces, ranges, broilers, steam tables, water heaters, carving tables, bake ovens, coffee, tea. and water urns, laundry stoves and other articles, composed or manufactured wholly or in part of iron or metal, that portion of the levee in the Sixth ward, in the City of St. Paul, described as follows, to-wit : Lots five (5) and six (6), of Block Two (2), of Marshall's Addition to West St. Paul, according to the plat thereof on file in the of- fice of the Register of Deeds of Ramsey county, in the State of Minnesota, to'gether with any accretions which may be added to said lots on the river side or end thereof. This grant and permission are made by and on behalf of the City of St. Paul upon the express conditions and terms hereinafter set forth, to-wit : First — The said grantees above named shall pay to the City of St. Paul, as compensation and rental for the privileges hereby granted the sum of One Dollar ($1.00) per annum, payable annually in advance, for and during the time herein specified. »fid — Said grantees shall erect upon said premises and maintain thereon a main building 50 feet in width by 100 feet in length, and such other buildings as the conduct of their business shall hereafter require. All of said buildings shall be built of wood, covered by corrugated iron, and shall be built under and upon plans approved by the building inspector of said City, upon obtaining a proper permit therefor. Said 511 buildings shall be usecl for the manufacturing purposes above set forth and in connection therewith, provided, however, that the chimneys and smokestacks, if any there be to be used on said buildings, shall extend at least 50 feet above the grade of the streets adjacent thereto; and provided, that the Common Council of the City of St. Paul may, by special resolution, permit the erection by said grantees of buildings of a different character and material to those above set forth. Third — The grantees herein named shall complete said buildings and have said business in full operation within Twelve (12) months from the passage of this ordinance, and within Ninety (90) days after the expiration of the term of the lease herein granted said building or buildings shall be re- moved from said above described premises by said grantees, and in case of failure to remove said building or buildings with- in said time the same, or such part thereof as may thereafter remain on said premises, shall become the property of the City of St. Paul. Fourth — Said grantees shall and will forever indemnify and save harmless the City of St. Paul against any and all damages, judgments, claims, costs and expenses of the same which said City may suffer or which may be recovered or obtained from or against said City, from or- by reason of, or growing out of, or resulting from, the performance or trans- action of any matter or thing connected therewith or men- tioned therein, or with the exercise by said grantees of the privileges hereby granted. 1428. 2. This ordinance shall noi be considered or construed as in any manner guaranteeing or warranting any of the rights hereby granted, nor the title of an) of the landa herein described, 1429. 3. All the piling, riprapping and filling m sary to be done on the land above described shall be lei to St. Paul contractors or be performed 1>\ p and laborei siding in the City of St. Paul, and all the stone used in. the construi tion of any of said buildings constructed on said pri -hall be of St. Paul manufacture or quarried in City. 518 1430. Sec. I. It said grantees shall Fail in any respect to comply with the provisions of this ordinance then all the rights and privileges herein granted shall immediately be for- feited to the City of St. Paul, and this grant or lease be there- by terminated and forfeited. . 1431. See. 5. All buildings placed on said lands, as herein provided, shall be personalt) [or the purposes of taxation and said grantees agree to pay all taxes which may be levied or assessed on said buildings, and in ease said grantees shall al- low said taxes to remain unpaid until the date of the tax sale thereof, then all the rights and privileges hereby granted shall revert to the City of St. Paul, and this lease shall thereupon terminate. 1432. Sec. 6. The said grantees shall not later than Twelve (12) months after the passage of this ordinance, be- gin the prosecution of said manufacturing business hereinbe- fore described on said premises, and during the continuance of this lease shall continuously prosecute the same, and if dur- ing the term of this lease said grantees shall fail for any suc- ive thirty (30) days to conduct said manufacturing busi- as aforesaid, then said City shall have the right and op- tion by resolution, upon Thirty (30) days' written notice to said grantees of its intention so to do to cancel and terminate said lease; provided, that failure to prosecute said business as aforesaid, caused by flood or damage by fire, or the elements, or strike, shall not be taken as a part of said Thirty (30) days. 1433. Sec. 7. If said grantees shall fail to comply with any of the provisions of this ordinance, then said City has the right and option, on giving Thirty (30) days' written notice to said grantees of its intention, so to do, to terminate and for- feit this lease; provided, that in case this lease is forfeited by said City or otherwise for any reason, then said grantees shall have the right during the Six (6) months next following such forfeiture, to remove its machinery, property and improve- ments from said premises. 1434. Sec. 8. All rights hereby granted shall at all times be subject to all ordinances of said City of St. Paul in force or which may hereafter be passed, and no rights acquired 519 under this ordinance shall be transferred to any other party unless the consent of the Common Council of said City shall be first obtained. 1435. Sec. 9. Said grantees shall file with the City Clerk of said city within Thirty (30) days alter the publication of this ordinance their written acceptance of the provisions thereof, and an agreement to perform all of the terms thereof, the same to be approved by the Corporation Attornej . Sec. 10. This ordinance shall take effect and be in force from and after its passage publication and acceptance, as provided herein. JOHN MARTIN LUMBER COMPANY. Resolution of the Council. i Approved— See below. ) 1436. Resolved, That the John Martin Lumber Company be and is hereby permitted to use and occupy until the same shall be needed for public travel those portions of streets de scribed as follows: That portion of Van Buren streel in the City of St. Paul which lies south of block five (5) of Lafond's Addition to said city, and easl of the northeasl line of Como avenue, in said city, and extending east to and including all of said \ an Buren street which lies north of Dawson's Subdivision oi block thirteen (13) of said Lafond's Addition. That portion of Gaultier street which lies north of the northeasl line of said Como avenue and extending north to and including all of said Gaultier streel which lies easl of block five (5) of said Lafond's Addition. . That portion of Blair street which li< if the north line of said Como avenue and south of Dawson's Sub division of block thirteen (13) of said Lafond's Addition. Said portions of said streets are to be used b) said John Martin Lumber Company or it- tenants in their business in connection with the other lands of 3aid compan) adjacenl to said port i< >n- i if said (The a! ilution having been delivered to the Maj or \]>nl ll. \. I). L905, and returned without his signatun 520 April 18, 1905, A. D. is in full force and effect, under the pro- • the City Charter, i CHARLES KLOSTERMAN. Ordinance No. 2263. (Approved Feb. 24, 1902.) 1437. An Ordinance authorizing Charles Klosterman to erect a frame addition to the building now situate upon lots two (2) and three (3), Block five (5), Bazille & Guerin's Addition to the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : S . 1. That permission and authority are hereby given to Charles Klosterman to construct and erect upon parts of and three (3), Block five (5), Bazille & Guerin's Addition to the City of St. Paul; a frame addition to the build- ing now situate thereon; said addition so to be built shall be brick veneered and constructed under the superintendence of the Building Inspector of said City, and said Building Inspec- tor is hereby authorized to issue to said Charles Klosterman a proper permit therefor. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. KOHLMAN & COMPANY. Ordinance No. 2217. (Approved October 16, 1901.) 1438. An Ordinance granting unto Charles Kohlman and John Christinson, copartners, doing business un- der the firm name and style of Kohlman & Co., permission to use a portion of the levee in the Sixth ward, in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority be and the same is hereby granted unto Charles Kohlman and John Christin- son. copartners, doing business under the firm name and style 531 of Kohlman & Co., to use and occupy, for the full period of twenty-five (25) years from the date of the passage of this ordinance, for the purpose of manufacturing gasoline launches and engines, that portion of the levee in the Sixth ward, in the City of St. Paul, described as follows : Lot eleven (11), block twenty (20), Brooklynd Addition, according to the plat thereof on file in the office of the Register of Deeds of Ramsey County, in the City of St. Paul, in the State of Minnesota. This grant and permission are made by and on behalf of the City of St. Paul upon the express condi- tions and terms hereinafter set forth, to-wit: First — The said grantee above named shall pay to the City of St. Paul, as compensation and rental for the privilege hereby granted, the sum of one dollar ($1) per annum, pay able annually in advance, for and during the time herein specified. Second — Said grantee shall erect upon said premises, and maintain thereon, a main building thirty (30) feet in width by sixty (60) feet in length, and such other buildings as the conduct of their business shall hereafter require. All of said buildings shall be built of wood, covered by corrugated iron, and shall be built under and upon plans approved by the Building Inspector of said city, upon obtaining a proper per- mit therefor. Said buildings shall be used for the manufac turing purposes above set forth, and in connection therewith: ided, however, that the chimneys and smoke stacks shall extend at least fifty (50) Feel above the grade of the streets adjacenl therewith, and provided that the Common Council ot the City of Si. Paul may. by special resolution, permil the erection by said grantee of building of a different character and material to those above sel forth. Third The grantee herein named shall complete said buildings and have -aid business in full operation within twelve i l '.' i months From the passage of this ordinance, and within nine! icpiration of the term of the lease herein granted, said building or buildings, or such hall remain shall be removed from said ab described premises b) said grantee, and in case of failure to remove said building or buildings within said time, the same, 522 i such pan thereof as may thereafter remain on said prem- shall become the propert) of the City of St. Paul. Fourths-Said grantee shall and forever will indemnify and save harmless the City of St. Paul against any and all damages, judgments, claims, costs and expenses of the same which said city may suffer, or which may be recovered or obtained from or against said city, from or by reason of, or resulting from, or growing out of, the passage of this ordi- nance, or the performance or the transaction of any matter or thing connected therewith, or mentioned herein, or with the exercise by said grantee of the privilege hereby granted. Fifth— The said grantee shall, in the prosecution of the manufacturing business to be carried on upon the property leased to them under this ordinance, constantly keep employed throughout the entire period for which said property is leased not less than twelve (12) adult persons, all of whom shall be residents of the City of St. Paul. 1439. Sec. 2. This ordinance shall not be considered or construed as in any manner guaranteeing or warranting any of tlie rights hereby granted, nor the title of any of the lands herein described. 1440. Sec. 3. All the piling, riprapping and filling neces- sary to be done on the land above described shall be let to St. Paul contractors, or be performed by persons and laborers residing in the City of St. Paul, and all the stone used in the -i ruction on said premises shall be of St. Paul manufacture, or cp.iarried in said city. 1441. Sec. 4. If said grantee shall fail to comply in any respect with the provisions of this ordinance then all the rights and privileges herein granted shall immediately be for- feited to the City of St. Paul, and this grant or lease be thereby terminated or forfeited, without any further proceeding on the part of the grantor herein. 1442. Sec. 5. All buildings placed on said lands, as herein provided, shall be personalty for the purpose of taxation, and said grantee agrees to pay all taxes which may be levied or assessed against said buildings, and in case said grantee shall allow said taxes to remain unpaid till the date of the tax sale 523 thereof, then all the rights and privileges hereby granted shall revert to the City of St. Paul, and this lease shall thereupon terminate. 1443. Sec. 6. The said grantee shall, ma later than nine (9) months after the passage of this ordinance, begin the prosecution of said manufacturing business hereinbefore de- scribed, mi said premises, and during the continuance of this lease shall continuously prosecute the same, and if during the term of this lease shall fail for any successive thirty (30) days to conduct said manufacturing business as aforesaid, then said city shall have the right and option, by resolution, upon thirty (-30) days' written notice to said grantee of it s intention so to do, to cancel and terminate said lease; pro- vided that failure to prosecute said business aforesaid caused by Hood or damage by fire, or the elements, or strike, -hall not be taken as part of said thirty (30) days. 1444. See. 7. If said grantee shall fail to compl) with any of the provisions of this ordinance, then said city has the right and option, on giving thirty (30) days' written notice to said grantee of its intention so to do, to terminate and forfeit this lease; provided, however, that in case this lease is for- feited by said city or otherwise for any reason, then said grantee shall have the right during the six i li \ months liexl following such forfeiture to remove it- machinery, property and improvements from said premises. 1445. See. s. \1] right- hereby granted shall at all times ubjeel to all ordinances of -aid .City of St. Paul in force, or which may hereafter be passed, and no rights acquired under this ordinance shall be transferred to any other party unless the consenl of the Common Council shall be firsl ob tained. 1446. Said grant* e shall lib- with tic - !lerk of -aid city, within thirty (30) days after the publication of thi- ordinance, their written acceptance of the provi thereof, and an agre< men orm all of -aid terms thereof, tin same to be approved by tin- Corporation Attorney, Sec. 10. This ordinance hall take effed and be in force fn an and after it - passage, publication and acceptanci vided therein. 52 I LEE & HOFF. Ordinance No. 1442. (Approved December 3, 1890.) 1447. An Ordinance granting unto Lee & Hoff permission to use a portion of the levee in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority is hereby given and granted unto Lee & I loft to use and occupy, until the first day of July, A. D. 1916, for manufacturing purposes in the line of business in which said company is now engaged, to-wit, manufacturing machinery, that portion of the levee and land in the Sixth ward of the City of St. Paul described as fol- lows, to-wit : Lot number one (1), of block number three (3), of Eazille and Robert's Addition to West St. Paul ; provided, that said Lee & Hoff shall employ in their said business, at all times (hiring the term of this franchise, not less than ten (10) men. 1448. Sec. 2. That permission and authority is hereby given and granted unto Lee & Hoff to erect, construct and maintain frame buildings upon said premises, for use in their said business as may be necessary or convenient for the carry- ing on of their said business, all of which buildings shall be built under the direction and according to the instruction of the building inspector of the City of St. Paul, upon the ob- taining permits so to do, and the payment of the proper fees therefor j provided, that this ordinance shall not be construed as guaranteeing or warranting any of the rights hereby granted : provided, further, that said Lee & Hoff shall com- plete said buildings and have said business in operation within six (6) months from the date of the acceptance of this ordi- nance ; provided, further, that before the expiration of said term of ten (10) years all said buildings shall be removed from said levee by said Lee & Hoff, and in case of the failure to remove said buildings within said time, the same or such part 525 thereof as may remain shall become the property of said City of St. Paul. 1449. Sec. 3. No rights acquired under this ordinance shall be transferred to any other person, company or corporation, unless the consent of the common council shall be first ob- tained. 1450. Sec. 4. Said Lee & Hoff shall and will forever in- demnify and save harmless the said City of St. Paul against an_\- and all damages, judgments, claims, costs and expenses of same which it may suffer, or that may be recovered or obtained from or against said city, for or by reason of the granting of such privileges, or for or by reason of the grow: fng out of, or resulting from, the passage of this ordinance, or any matter or thing connected therewith, or with the ex- ercise by said Lee & Hoff of the privileges hereby granted. 1451. See. 5. If the said Lee & Hoff shall fail in any re spect to comply with the provisions of this ordinance then all the rights and privileges hereby granted shall be forfeits said City of St. Paul. 1452. Sec. 6. Said Lee & Hoff shall tile with the city clerk, within thirty (30) days after the approval of this ordi- nance, their written acceptance of the provisions thereof, the same \t> he first approved by the corporation attorney. 1453. See. 7. This ordinance shall take effeel and be in force from and after its publication. 526 SAME. Ordinance No. 1911. I Approved February 19, 1897.) 1454. An Ordinance granting unto Lee & Hoff permission to assign and transfer to Lee & Hoff Manufactur- ing Company all rights acquired by them under Ordinance No. 1442, as amended by Ordinance No. 1544, to use and occupy a portion of the levee in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Permission is hereby granted unto Lee & Hoff to .1] and transfer to Lee & Hoff Manufacturing Company, as soon as said company shall become fully incorporated, and is engaged in business as a going concern, all rights acquired by said Lee & Hoff under Ordinance Xo. 1442, entitled "An Ordinance granting unto Lee & Hoff permission to use a por- tion of the levee in the Sixth ward of the City of St. Paul," approved December 3, 1890, as amended by Ordinance No. 1 5 1 1. approved October 22, 1891 ; provided said company shall at all times fully comply with all the terms and conditions of said ordinances. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication. SAME. Ordinance No. 2019. ( Approved November 2, 1898.) 1455. An Ordinance granting unto the Lee & Hoff Manu- facturing Company permission to occupy and use a portion of the levee in the Sixth ward, in the City of St. Paul, Minnesota. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That there is hereby given and granted unto the Lee & Hoff Manufacturing Company, a corporation created and organized under the laws of the State of Minnesota, its successors and assigns, permission and authority to use and occupy from the passage of this ordinance until the first day of July, A. D. 1!»1G, for the purpose of manufacturing ma- chinery composed and manufactured wholly or in part of wood or metal, that portion of the levee and land in the Sixth ward, in the City of St. Paul, Ramsey County. Minnesota, included in the tract bounded as follows, to-wit: Beginning on the northwest corner of lot numbered one (1), of block numbered three (3), of Bazille & Roberts' Addition to West St. Paul, thence northerly and parallel with the west line of Livingston avenue to the Mississippi river, thence in an east- erly direction along' the bank of the said river to a point which would intersect the west line of Livingston avenue if extended. thence south to northeast corner of said lot numbered one (1), and thence west to place of beginning. 1456. Sue. 2. That permission and authority is hereby given and granted unto the said Lee & Hoff Manufacturing Company to erect, construct and maintain frame buildings upon said premises for use in their said business of manufac- turing of machinery, and also such additions, out-houses and structures as may be necessary or convenient for the carry- ing on of their said business, all said buildings, additions, out- houses and structures to be built under the directions and '■din- to the instructions of the Building Inspector of said city, and payment of all city fee- therefor; provided, that this ordinance shall not he construed as guaranteeing or warrant- ing any of the rights hereby granted; provided, further, that before the first day of July. L916, all said buildings shall he removed from --aid levee by said Lee i\ Hoff Manufacturing Company, and in the ca^e of the failure i" remove -aid build- ings within said lime, the -.inn', or such part thereof as may remain, shall become the property of said City of St. Paid. 1457. Sec. •'!. No rights acquired under this ordinance shall l>e transferred to any other person, company or corpora tion null--- tin- consent of the Common Conne.il shall be firs! obtained. 1458. Sec. I. Said Lee & Hon* Manufacturing Company shall and will forever indemnify and save harmless th, 538 Cit) of St. Paul against any and all damages, judgments, claims, costs and expenses of same, which it may suffer, or that may be recovered or obtained from or against said city for or by reason of the granting of such privileges, or for or by reason of the growing out of, or resulting from, the pas- of this ordinance, or any matter or thing connected there- with, or with the exercise by said Lee & Hoff Manufacturing Com pan)- of the privileges hereby granted. 1459. Sec. 5. [f the said Lee & Hoff Manufacturing Corn- pan}- shall fail in any respect to comply with the provisions of this ordinance then all the rights and privileges hereby granted shall be forfeited to said City of St. Paul. 1460. Sec. (>. Said Lee & Hoff Manufacturing Company shall tile with the City Clerk, within thirty (30) days after the approval of this ordinance, their written acceptance of the provisions thereof, the same to be first approved by the Cor- poration Attorney. 1461. Sec. 7. This ordinance shall take effect and be in fi iree from and after its publication. SAME. Ordinance No. 2262. (Approved February 24, 1902.) 1462. An Ordinance authorizing Lee & Hoff Manufac- turing Company to erect a frame shop and factory building on Lots 13 and 14, Block 3, Bazille & Robert's Addition to the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority are hereby given to the Lee & Hoff Manufacturing Company to construct and erect upon Lots 13 and 14, Block 3, Bazille and Robert's Ad- dition to the City of St. Paul, a frame shop or factory building consisting of two stories and a basement, on a solid stone foundation, the structure to be covered with iron and the roof to be tarred and graveled ; said structure to be used by said company for the building and repairing of elevators and 529 elevator machinery, and to be constructed under the super- intendence of the Building Inspector of said city, and the said Building Inspector is hereby authorized to issue to said Lee & Hoff Manufacturing Company a proper permit therefor. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. LEFEBVRE & DESLAURIERS. Ordinance No. 1531. (Approved Aug. 27, 1891.) 1463. An Ordinance granting unto L. T. Lefebvre and R. D. Deslauriers, trading and doing business as copartners under the firm name of Lefebvre & Deslauriers, in the City of St. Paul, permission to use a portion of the levee in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority is hereby given and granted unto Lefebvre & Deslauriers to use and occupy, for the full period of twenty-five (25) years from July 1. 1891, f'»r manufacturing purposes in the line of business in which said Lefebvre & Deslauriers arc now engaged, to-wit, manu- facturing cornice and sheet metal articles, that portion of tin- in the Sixth ward of the City of St. Paul, to-wil : I.": one fl), two (2), three ('■>) and four i t), of block " \." of Robertson's Addition to West St. Paul, provided that at all times during the term of this franchise the said grantees herein named shall emplo) in their said business a monthly average per year of riol less than twenty (20) men. This granl is made upon tin- expi ndition that the grantees herein named shall paj to th >f Si Paul, as compensa tion and rental for tin- privileges hereby granted, the sum of one dollar ($1) per annum for and during the time herein- above specified, payable annually in advance. 1464. Sec. •.'. That permission and authorit) is hereby given and granted unto the said Lefebvre <^ I''- lauriei 530 erect, construcl and maintain on said above-described lots one I) two-Story brick building, Eor use in their said business, the said two (2) stories to be above the grade of the levee in from of said lots, and also frame sheds on said lots, all of which buildings shall be built under the direction, and accord- ing to the instructions of, the building inspector of said city, upon obtaining permits to do so, and the payment of the pr< 'per fees thereof; Provided, however, that the chimney and smoke stack to be used in connection with said business shall extend at least twenty-five (25) feet above the grade of the Dakota avenue bridge; and provided, further, that this ordinance shall not be construed as guaranteeing or warranting any of the rights hereby granted ; and provided, further, that the grantees herein named shall complete said buildings and have said busi- ness in operation by October 1, A. D. 1891 ; and that before the expiration of said term of twenty-five (25) years all said build- ings -hall be removed from said above described premises by said grantees; and in case of failure to remove said buildings within said time, the same, or such part thereof as may there- after remain, shall become the property of the said City of St. Paul. 1465. Sec. :!. No rights acquired under this ordinance shall be transferred to any other person or persons, company or corporation, unless the consent of the common council shall be first obtained. 1466. Sec. 4. Said grantees shall and will forever indem- nify and save harmless the said City of St. Paul against any and all damages, judgments, claims, costs and expenses of same which it may suffer, or that may be recovered or ob- tained from or against said city for or by reason of the grant- ing of such privileges, or for or by reason of the growing out of or resulting from the passage of this ordinance, or any matter or thing connected therewith, or with the exercise by the said grantee of the privileges hereby granted. 1467. Sec. 5. If said grantees shall fail in any respect to comply with the provisions of this ordinance, then all the 531 rights and privileges hereby granted shall be forfeited to the said City of St. Paul. 1468. Sec. 6. That said grantees shall file with the city clerk, within thirty (30) days after the publication of this ordinance, their written acceptance of the provisions thereof, the same to be first approved by the corporation attorney. 1469. Sec. 7. The City of St. Paul expressly reserves the right to grant at any time to any person, firm, or company, or corporation, the right to construct and operate a steam or any other railway across the north twenty-five (25) feet of said lots. 1470. Sec. 8. This ordinance shall take effect and be in force from and after its publication, and the acceptance thereof, as provided in section six (6) of this ordinance. Sec. 9. That an}' ordinance heretofore passed containing provisions inconsistent with the foregoing is hereby repealed. Passed Aug. 25, 1801. McCORMICK HARVESTING MACHINE COMPANY. Ordinance No. 2207. (Approved Augusl L7, L901.)- 1471. An Ordinance to authorize the McCormick Harvest- ing Machine Company to lay and thereafter to maintain spur tracks on Vandalia street, between Charles street and Pillsbury avenue, in the City of St. Paul. Whereas, the McCormick Harvesting Machine Companj has heretofore dul) presented to the Common Council its petition in writing for permission and authority to laj and maintain a series of spur tracks on Vandalia street, between Charles streel and Pillsbury avenue, as shown on the map of the vicinity to said petition attached, which ^;ud petition is dulv signed and presented on behalf of a majorit) ol the own ,i on both sides of said Vandalia between said Charles strict and Pillsbury avenue, all in the City of St. Paul, and is on file in the • iffic< i ■' the ( 'it y * "■ Now, therefore, deeming it to the public interest that the request for said permission and authority should be granted a.s in said petition pra\ ed for. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority be and is hereby given and conferred upon the McCormick Harvesting Machine Company to lay two spur tracks on that portion of Vandalia street, one of the public streets of the City of St. Paul, between Charles street and Pillsbury avenue, in said city. 1472. Sec. %. Said permission and authority, and the right to maintain said tracks and operate trains thereon, shall con- tinue and exist in the said company until such time only as the Common Council shall otherwise by ordinance determine. 1473. Sec. :;. This ordinance shall take effect and be in force from and after its passage, approval and publication, and acceptance in writing by said McCormick Harvesting Machine Company, said acceptance to be filed with the City Clerk, and to be in a form first approved by the Corporation Attorney, and to contain a clause of agreement by the said company to remove said tracks whenever ordered so to do by the Com- mon Council of the City of St. Paul, and to forever protect and save harmless the City of St. Paul in the premises. SAME. Ordinance No. 2542. (Approved Nov. 23, 1905.) 1474. An Ordinance to amend Ordinance No. 2207, entitled "An Ordinance to authorize the McCormick Har- vesting Machine Company to lay and thereafter to maintain spur tracks on Vandalia street, be- tween Charles street and Pillsbury avenue, in the City of St. Paul," approved August 17, 1901. The Common Council of the City of St. Paul do ordain as follows : 1475. Sec. 1.. That Section one (1) of Ordinance No. 2207,' entitled "An Ordinance to authorize the McCormick Harvest- 533 ing Machine Company to lay and thereafter maintain spur tracks on Vandalia street, between Charles street and Pills- bury avenue, in the City of St. Paul," approved August 17, 1901, be and the same- is hereby amended by adding at the end of said Section 1 the following, to-wit : "Also another spur track connecting with the one above authorized, and extending thence along the northerly fifteen feet of Charles street to a point two hundred fifty feet west of the westerly line of Vandalia street, as shown by the red line upon the blue-print map hereto attached; and said rights and privileges may be exercised by said McCormick I I arrest- ing Machine Company, its successors or assigns." Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. McGregor & Mcteague. Ordinance No. 1510. (Approved June 17, 1891. I 1476. An Ordinance granting unto A. F. McGregor and William McTeague, partners as McGregor & Mc- Teague, permission to use a portion of the levee in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Si-.-, i. Thai permission and authority is herebj given and granted unto A. I ; . McGregor and William McTeague, partners as McGregor & McTeague, to use and occupy for the full period of ten | Mm years from tin- date of the pass oi thi> ordinance, for manufacturing purpose 5, to wit : Manu- facturing, consisting of steam boiler making, sheel iron works, and all things necessarj and incident thereto; thai portion of the levee in the Sixth ward oi the City of Si. Paul, described as follows, to wit : Lots line, (:\) and four Mi. of block one hundred and eighty-three (183), Robei Addition to Wesl St. Paul; provided, thai the -aid herein named -hall employ in their said business ai all times during the term oi (his franchise not less than twent; 16) men. 53 I This grant is made upon the express condition that the grantees herein named shall pa) to the said City of St. Paul, as compensation and rental for the privileges hereby granted, the sum of one dollar ($1 I per annum for and during the time hereinabove specified, payable annually in advance. 1-3 77. See. 2. That permission and authority is hereby given and -ranted unto the said McGregor & McTeague to erect, construct and maintain on said lots three (3) and four ilia sixty (60) Eeet by ninety (90) feet brick or brick- veneered one-story building, for use of their said business. Said building, however, shall be two (2) stories in front, full width, and extend back sixteen (16) feet. The said building to be above the grade of the levee in front of said lots, which building shall be built under the directions and according to the instructions of the building inspector of the city, upon obtaining a permit so to do, and the payment of the proper therefor; provided, however, that the chimney and smoke stack to be used in connection with said business shall ex- tend at least seventy-five (75) feet above the grade of the street upon which said building fronts ; and provided, further, that this ordinance shall not be construed as granting or war- ranting any of the rights hereby granted ; and provided, fur- ther, that the grantees herein named shall complete said build- ing, and have said business in operation, within ninety (90) days from the passage of this ordinance ; and that before the expiration of the said term of ten (10) years said building shall be removed from said above-described premises by said grantees, and in case of failure to remove said building within said time, the same, or such part thereof as may thereafter remain upon said-premises, shall become the property of said City of St. Paul. 1478. Sec. 3. No rights acquired under this ordinance shall be transferred to any other persons, company or corpo- ration, unless the consent of the common council of said city shall be first obtained. 1479. Sec. 4. Said grantees shall and will forever indem- nify and save harmless the City of St. Paul against any and all damages, judgments, claims, costs and expenses of same 535 which it may suffer, or that may be recovered or obtained far or against said city from or by reason of the growing out of, or resulting from, the passage of this ordinance, or in any matter or thing connected therewith, or with the exercise of the said grantees of the privileges hereby granted. 1480. Sec. 5. If said grantees shall fail in any respect to comply with the provisions of this ordinance, then all the rights and privileges hereby granted shall be forfeited to said City of St. Paul. 1481. Sec. 6. The said grantees shall file with the city clerk, within thirty (30) days after the publication of this ordinance, their written acceptance of the provisions hereof, the same to be approved by the corporation attorney. Sec. 7. This ordinance shall take effect and be in force from and after its publication and acceptance thereof, as pro- vided in section six (6) of this ordinance. J. W. McHOSE. Ordinance No. 2070. (Approved September 11, 1899.) 1482. An Ordinance granting unto James W. McHose per- mission to use a portion of the levee in the Sixth ward, in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows: Sec. 1. That permission and authority be and the same i hereby given unto Jam£s \\ . McHose to use and occupy, for the full period of twenty five (25) years from the date of the passage of this ordinance, for the purpose of manufac turing mattresses, spring beds, comforters, cots, cribs, feathers, pillows, furniture, and cushions and moss, excelsior and cot- ton beds, thai portion of the levee, in the Sixth ward, in tin- Cits of St. Raul, described as follows, to wit : Lots one i i \, three (3), four (4) and five (5), of block "C," of Robertson's Addition to Wesl St. Paul, according to the plal thereof on file in the office of the register of deeds in the State of Min nesota. This granl and permission are made by and on be 536 half of the City of St. Paul upon the express conditions and terms hereinafter set forth, to-wit: First- The said grantee above named shall pay to the City of St. Paul, as compensation and rental for the privi- - hereby granted, the sum of one ($1) dollar per annum, payable annually in advance. For and during the time herein specified. Second— Said grantee shall erect upon said premises, and maintain thereon, a main building sixty (60) feet in width by two hundred and thirty-five (235) feet in length, and such other buildings as the conduct of their business shall here- after require. All of said buildings shall be built of wood, red by corrugated iron, and shall be built under and upon plans approved by the building inspector of said city, upon obtaining a proper permit therefor. Said buildings shall be for the manufacturing purposes above; provided, how- ever, that the chimneys and smokestacks shall extend at least fifty (50) feet above the grade of the streets adjacent thereto, and provided that the Common Council of the City of St. Paul may. by special resolution, permit the erection by said grantee of buildings of a different character and material to those above set forth. Third — The grantee herein named shall complete said buildings and have said business in full operation within twelve i 12) months from the passage of this ordinance, and within ninety (90) days after the expiration of the term of the lease herein granted said building or buildings, or such part thereof as shall remain, shall be removed from said above described premises by said grantee, and in case of failure to remove said building or buildings within said time the same, or such part thereof as may thereafter remain on said prem- ises, shall become the property of the City of St. Paul. Fourth — Said grantee shall and forever will indemnify and save harmless the City of St. Paul against any and all damages, judgments, claims, costs and expenses of the same which said city may suffer, or which may be recovered or ob- tained from or against said city, from or by reason of, or re- sulting from or growing out of; the passage of this ordinance, or the performance or the transaction of any matter or thing 537 connected therewith, or mentioned herein, or with the exer- cise by said grantee of the privileges hereby granted. Fifth — The said grantee shall, in the prosecution of the manufacturing business to be carried on upon the property leased to him under this ordinance, constantly keep employed throughout the entire period for which said property is leased, not less than twenty-five (25) adult persons, all of whom shall be residents of the City of St. Paul. 1483. Sec. 2, Said City of St. Paul reserves the right to use said lot one (1), of block "C," of Robertson's Addition to West St. Paul, or as much thereof as may be necessary for the construction of slopes thereon in the course of the reconstruc- tion of the Wabasha street bridge, according to the plans now on file in the office of the city engineer of the City of St. Paul, and the said city engineer shall be the exclusive judge of the amount of such lot which may be necessary to be used for such purposes, and the manner of the construction of such slopes thereon. 1484. Sec. 3. This ordinance shall not be considered or construed as in any manner guaranteeing or warranting any of the rights hereby granted, nor the title of any of the lands herein described. 1485. Sec I. All the piling, riprapping and filling n< sary to be done on the land above described shall be let to St. Paul contractors, or be performed by persons and laborers residing in the City of St. Paul, and all the stone used in the construction on said premises shall be of St. Paul manufac ture, or quarried in said city. 1486. Sec. 5. [f said grantee shall fail to comply in an) r< sped with the provisions of this ordinance then all the rights and privileges herein granted shall immediatel) be forfeited to the City of St. Paul, and this grant or lease be thereby terminated and forfeited. 1487. Sec 6. All buildings placed on said lands, as herein provided, shall be personalt) for the purp tion, and said grantee agrees to pay all taxes which may be levied or • ed againsl -aid buildings, and in ca < aid grantee hall allow >ai«l taxes to remain unpaid till the date of the tax sale thereof, then all the rights and privileges hereby granted shall reverl to the Cit) of St. Paul, and this lease shall thereupon terminate. 1488. Sec. ^. The said grantee shall not later than twelve (12) months after the passage of this ordinance begin the prosecution of said manufacturing business hereinbefore de- scribed, on said premises, and during the continuance of this shall continuously prosecute the same, and if during the term of this lease shall fail for any successive thirty (30) days to conducl said manufacturing business as aforesaid, then said city shall have the right and option, by resolution, upon thirty | 30 i days' written notice to said grantee of its intention so to do, to cancel and terminate said lease ; provided, that failure to prosecute said business aforesaid, caused by flood or damaged by fire or the elements, or strike, shall not be taken as a part of said thirty (30) days. 1489. Sec. 8. If said grantee shall fail to comply with any of the provisions of this ordinance, then said city has the right and option on giving thirty (30) days' written notice to said grantee of its intention so to do, to terminate and forfeit this lease; provided, that in case this lease is forfeited by said city or otherwise for an}- reason, then said grantee shall have the right during the six (6) months next following such for- feiture to remove its machinery, property and improvements from said premises. 1490. Sec. 9. All rights hereby granted shall at all times be subject to all ordinances of said City of St. Paul in force, or which may hereafter be passed, and no rights acquired under this ordinance shall be transferred to any other party, unless the consent of the Common Council of said city shall be first obtained. 1491. Sec. 10. Said grantee shall file with the City Clerk of said city, within thirty (30) days after the publication of this ordinance, their written acceptance of the provisions thereof, and an agreement to perform all of said terms thereof, the same to be approved by the Corporation Attorney. 539 Sec. 11. This ordinance shall take effect and be in force from and after its passage, publication, and acceptance, as pro- vided therein. SAME. Ordinance No. 2152. (Approved November 9, 1909.) 1492. An Ordinance, supplementary to and amendatory of Ordinance No. 2070, approved Sept. 11, 1899. The Common Council of the City of St. Paul do ordain as follows : That paragraph "Third," of section 1, of Ordinance No. 2d^0. approved Sept. 11, 1899, being an ordinance granting unto James \Y. McHose permission to use a portion of the levee in the Sixth ward of the City of Paul, be amended so as to read as follows, to-wit: Third — The grantee herein named shall complete said buildings, and have said business in full operation on or before Sept. 11. 1901, and within ninety days after the expiration of the term of the lease herein granted said building or buildings, or such part thereof as shall remain, shall be removed from said above described premises by said grantee, and in case of failure to remove said building or buildings within said time, th'e same, or such part thereof as may thereafter remain on said premises, shall become the property of the City of St. Paul. SAME. Ordinance No. 2155. i Approved November 2 l . L900 I 1493. An Ordinance supplementary to and amendatory of Ordinance No. 2070, approved Sept. 11, 1899. Tin- Common Council of the Citj of St. Paul do ordain as folli >ws : That paragraph "Third," of section i. of Ordinance No. 2070, approved Sept. 11, 1899, being an ordinanci -ranting unto James \\ . McHose permission to use a portion of the 540 levee in the Sixth ward of the City of St. Paul be amended read as follows, to-wit : Third— The grantee herein named shall complete said buildings and have said business in full operation on or be- fore Sept. 1 1. L901, and within ninety days after the expiration of the term of the lease herein -ranted said building or build- ings, or such part thereof as shall remain, shall be removed from said above described premises by said grantee, and in of failure to remove said building or buildings within said time the same, or such part thereof as may thereafter remain on said premises, shall become the property of the City of St. Paul. SAME. Ordinance No. 2308. (Approved September 11, 1902.) 1494. An Ordinance terminating the lease on Lots one, three, four and five, in Block "C," of Robertson's Addition to West St. Paul, to James W. McHose, revoking and rescinding any and all rights there- under, and repealing Ordinances numbered 2070, 2152 and 2155, of the General Ordinances of the City of St. Paul relating thereto. Whereas, Heretofore and in and by the terms of that cer- tain ordinance known as Ordinance numbered 2070, of the General Ordinances of the City of St. Paul, entitled "An Ordi- nance granting unto James W. McHose permission to use a portion of the levee in the Sixth ward of the City of St. Paul," duly approved September 11, 1899, and thereafter duly pub- lished, permission and authority was granted to James W. McHose to use and occupy that portion of the levee in the Sixth ward of the City of St. Paul, which is commonly known and described as Lots numbered one (1), three (3), four (4) and five (5), in Block "C," of Robertson's Addition to West St. Paul, for manufacturing purposes, upon the premises artd conditions therein set forth, and, among others, the following, to-wit: That said McHose should erect certain buildings upon said premises, to be used for the manufacturing purposes 54 J therein recited, and should have the same completed, and the business to be done therein by him in full operation within twelve (12) months after said September 11, 1899; and, fur- ther, that he should keep constantly in his employ in said busi- ness not less than twenty-five (25) adult persons, residents of the City of St. Paul, and that he should begin the prosecu- tion of his said business upon the said premises within twelve (12) months after the passage of said ordinance, to-wit: after September 11, 1899; and 1495. \\ hereas, The said grantee, James W. Mcliose, has duly failed and neglected to comply with the terms, provi- sions and conditions of said Ordinance numhered 2070, afore- said, and has further failed to comply with the terms and pro- visions of those certain attempted ordinances of the City of St. Paul known as Ordinance numbered 2152 and Ordinance numbered 215."). in and by the terms of each of which the Common Council attempted to extend the time for the com- pletion of the building's aforesaid, and the commencement of the bnsiness therein to be done, up to and including the 11th day of September. 1901; and 1496. Whereas, Said Ordinance numbered 2070 further provided, in section five thereof, as follows: "If said grantee shall fail to comply in an}- respect with the provisions of tin's ordinance, then all the rights and privileges herein granted shall immediately be forfeited to the City of St. Paul, and this grant or lease be thereby terminated and forfeited." Now, therefore, the Common Council of the City of St. Paul do ordain as follows: 1497. Sec. I. That the rights and privileges in and by the terms .if -aid Ordinance numbered 3070, to and upon James \V. McHose, the grantee therein, are and they are hereby declared to he forfeited to the Citj of St. Paul, ami the lease therein and thereby made is, and it is hereby declared to be. together with anj ami all grant its herein apper tabling, also terminated and forfeited, and am ami all rights, privileges and authority in and by th< of said ordinance imposed and conferred ate hereby declared to be rescinded, revoked and annulled. B 1 3 1498. Sec. 2. Said Ordinance numbered 2070, entitled "An Ordinance granting unto James \Y. McHose permission to use a portion of the levee in the Sixth ward, in the City of St. Paul/ 1 approved September 11, 1899; Ordinance numbered 2152, entitled "An Ordinance supplementary to and amenda- ( Irdinance numbered 2070, approved September 11, 1899," approved November 9, L900, and Ordinance numbered 2155, entitled "An Ordinance supplementary to and amenda- tory of Ordinance numbered 2070, approved September 11, L899," approved November 21, 1900, are hereby in all things rescinded and repealed. Sec. 3. This ordinance shall take effect and be in force from and after its passage, approval and publication. MANHATTAN COMPANY. Ordinance No. 1983. I Approved May 20, 1898.) 1499. An Ordinance authorizing the Manhattan Company to construct a tunnel under the surface of Robert street. The Common Council of the City of St. Paul do ordain as f( Mows : Sec. 1. That the Manhattan Company be and is hereby authorized to construct a tunnel under the surface of Robert street, from the Manhattan building to the basement of the building directly across said Robert street, said tunnel to be constructed for the purpose of conveying steam heating pipes across said Robert street. All of said work shall be done under the supervision of the City Engineer, and in the manner by him directed, upon the execution and delivery of a bond to the city in the sum of $5,000 to indemnify the said city, which bond shall contain such conditions as shall be approved by the City Attorney. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication. 543 SAME. (THE MANHATTAN LIGHT, HEAT AND POWER COMPANY.) Ordinance No. 2109. 1500. An Ordinance granting to the Manhattan Light, Heat and Power Company of St. Paul, Minnesota, certain privileges in the streets of said city for the purpose of carrying electric currents therein for furnishing light, heat and power. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. There is hereby granted to the Manhattan Light, Heat and Power Company of St. Paul, Minnesota, its succes- sors and assigns, for a period of thirty (30) years from the date of the acceptance of this ordinance, and no longer, the privilege and authority of erecting such poles and putting in such an underground system of wires for the purpose of carry- ing electric currents in the streets in the City of St. Paul, at such place or places and on such of said streets as may here- after be approved by the Common Council of said city, under the supervision of the City Engineer of said city, such poles and underground system, together with the vires thereon and therein, to be subject to removal to such place or places as the Common Council may at any time direct, at the cost and ex- pense of said company. 1501. Sec. 2. The said Manhattan Light, Meat and Power Company, it- successors and assigns, hereby assumes all lia- bility that may be- caused by the erection of such poles and underground system, and the use of said electric currents, and shall at all times save the City of St. Paul harmless i ! from, and from all damages growing out therefrom, and. in order to protect tin- said City of St. Paul from such dam.; the said .Manhattan Light, Meat and Power Company, its sue nid assigns, shall, before exercising anj of tin- privi leges "i" authority referred to in this ordinance, execute and deliver to -aid city a good and sufRcienI bond thereto, con ditioned in the sum of twenty-five thousand dollars ($25,000), with such surely or sureties a- hall be approved b\ the Com mon Council i,i said city. 1502. Sec. •">. Nothing herein contained shall be construed ving to the said Manhattan Light, Heat and Power Com- pany the exclusive privilege of using any of the streets in said city tor the purposes specified in section one of this ordi- nance. 1503. Sec. I. None of the provisions of this ordinance shall be construed as granting to the said Manhattan Light, Heat and Power Company any rights or privileges whatever in any of the streets in the City of St. Paul until in each in- stance an application for the right to use any particular street or streets, duly presented to the Common Council and ac- companied by plans or profiles previously approved by the City Engineer, shall have been granted by resolution thereto duly enacted, approved and published. 1504. Sec. 5. The poles erected at any time under the au- thority and privilege herein and hereby conferred shall be planed and painted, and shall be set in the sidewalk close to the gutter or curb, unless special directions are otherwise given by the City Engineer. All poles must be erected sub- ject to the satisfaction and approval of the said City Engineer. 1505. Sec. 6. Whenever any street on which any pole shall have been set shall be graded or paved, the said Manhattan Light. Heat and Power Company, its successors and assigns, shall at its or their own proper cost reset the said pole or poles so as to conform to the street as so reconstructed. 1506. Sec. 7. The Common Council reserves the right to order and cause any or all wires to be laid underground at any time, and to order any or all of said poles to be removed off the streets whenever it may deem proper to lay the wires of said company underground. 1507. Sec. 8. The said Manhattan Light, Heat and Power Company, as a condition upon which this franchise is granted, obligates itself to submit a bona fide bid for the lighting with electricity of the streets of the City of St. Paul at any and all times that the municipal authorities of said city shall adver- tise for bids for such lighting of its streets. Provided, how- ever, that said Manhattan Light, Heat and Power Company shall only be required to submit bids for the street lighting in 545 such of the lighting districts as said company has at the time of the submission of said bids poles and conduits, and only in such lighting districts as the City of St. Paul may hereafter equip with its own poles and conduits for electric lighting purposes. 1508. Sec. 9. The said Manhattan Light. Heat and Power Company, as a further condition upon which this franchise is granted, obligates itself that it shall not at any time trans- ferees stock, or any part thereof, or its rights, or any of its property or effects to any other company now or hereafter engaged in the business of manufacturing or selling electric light or power to the City of St. Paul, or make or effect any consolidation in any manner or form with any such company, without the consent of the Common Council of the City of St. Paul, as expressed by resolution duly passed by a two-thirds vote of all the members of each body of said Common Coun- cil, and duly approved and published ; nor shall the said Man- hattan Light, Heat and Power Company enter into any com- bination, agreement or relation of any nature whatsoever with any person, persons or corporations now or hereafter engaged or interested in the business of producing or furnishing elec- tric light or power to the City of St. Paul, the reasonable effect or purpose of which said combination, agreement or relation shall be to check or limit competition in the business of fur- nishing electric light and power. 1509. Sec. 10. In consideration of the privileges and au- thority in and by this ordinance granted the said Manhattan Light, Ileal and Tower Company agrees to and with the said City of St. Paul, for itself, its successors and assigns, to pa) into the city treasury of said city annually, after the passage of this ordinance, such a percentage of its gross earnings under the business done by it under this ordinance of fur nishing electric lighl and power to said city as shall be paid into the city treasury of said city by all other companies fur- nishing electric lighl and power to said cit) under the ordi- nances of said city, and the Common Council of said city shall have the righl to charge -aid Manhattan Light, Heal and Power Company the -ame rate per cenl on th< 546 of its said business of famishing electric light and power as the said Common Council shall charge such other like com- panies, or that said city shall receive from such other like companies, upon any such business done by them. Provided, however', that the said Manhattan Light, Heat and Power Company shall not be obligated to pay such percentum of its gross earnings, except for such time as each other like com- pany is likewise required to pay such rate per centum on its — earnings; and provided, further, that the payment so to be made shall he made on or before the first day of January of each year from and after the time when the liability to make such payments shall arise, and for the purpose of ascer- taining such gross earnings, an accurate account of the same shall be kept by the grantee herein, its successors and assigns, and an abstract or account thereof shall be furnished by it to the City Comptroller of the City of St. Paul on or before the 15th day of December of each year, the truth of which, said abstract shall be verified by the affidavit of the treasurer and secretary of said grantee ; and for the purpose of verifying such payments the books of the said grantee, its successors and assigns, shall at all time be open for the inspection of such officer, person or persons as may be appointed for that pur-* pose by the Common Council of said city, and* for the purpose curing to the said City of St. Paul the payment of such percentum on its gross earnings, the said city shall have a lien for the payment thereof, and the same shall be a charge upon all the property, estate and effects of said company whatsoever, real, personal and mixed, and may be enforced by said city by a civil action. 1510. 11. The acceptance of the privileges and au- thority herein and hereby conferred by said Manhattan Light, I feat and Power Company, or its successors or assigns, either by resolution of the hoard of directors of said company or by action hereunder in the erection of its poles, or the laying of its conduits, and in compliance with the terms and conditions hereof, shall be an acceptance, and shall be so construed, of all the conditions and provisions herein contained. 1511. Sec. 12. Immediately upon the violation of any of the provisions of this ordinance, or upon a non-compliance with the terms and conditions thereof, or any of them, the privileges and authority herein and herein- granted shall there- upon cease and determine. Sec. 13. This ordinance shall take effect and be in force from and after its passage, approval and publication. (Vetoed by Mayor; passed over Mayor's veto by Hoard of Aldermen May 1, 1900; Assembly May 17, L900.) SAME. Ordinance No. 2004. i Approved August 20, 1898. I 1512. An Ordinance authorizing the Manhattan Company to construct a tunnel under the surface of Fifth street. Tin- Common Council of the City of St. Paul ^\o ordain as follows : Sec. 1. That the .Manhattan Company he and is hereby authorized to construct a tunnel under the surface of Fifth Streeet, from Lot 1, Block is. St. Paul Proper, to the base- ment of the building directly across said Fifth street, -aid tunnel to be constructed for the purpose "f conveying steam heating pipes and electric light wires said Fifth street. All of said work shall be done under the supervision of the City Engineer, and in the manner 1>\ him directed, upon the ution and deliver) of a bond to the citj in the sum of $5,000, to indemnify the said city, which bond -hall contain such conditions ;i- -hall he approved by the City Attorney. Sec. 2. This ordinance shall take effeel and be in from and after it- passage and publication. 5 1 8 F. A. MARON. Ordinance No. 2392. (Approved August 2'?, 1903.) 1513. An Ordinance granting F. A. Maron the right to construct a tunnel under Seventh street, between Washington street and Sixth street, in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Privilege ^s hereby granted to F. A. Maron the right to construct, and for the period of twenty-five years after the passage and acceptance of this ordinance to main- tain, a tunnel of such size and shape as may be approved by the Commissioner of Public Works, and at such place as he may direct, extending from lot 7, block 10, Bazille & Guerin's Addition to lot 12. block 2, Rice & Irvine's Addition, and to lay in said tunnel the necessary pipes for conducting heat. 1514. Sec. 2. The privilege hereby conferred is granted upon the conditions that the grantee herein shall assume all liability that may arise out of, or be caused by, the exercise "i" the privilege so granted, and shall at all times save the City of St. Paul harmless from any and all damages, costs and expenses growing out of, or arising from, the construction and maintenance of said tunnel, and the pipes and wires au- thorized to be laid therein. 1515. Sec. 3. No excavations shall be made in said Sev- enth street for the purpose of constructing said tunnel, and the same shall be placed at such point beneath the surface of the street as public safety and convenience may require, and as shall be prescribed by the Commissioner of Public AYorks of the City of St. Paul. 1516. Sec. 4. The privilege hereby conferred shall not at any time be sold, transferred or assigned to any other person, firm or corporation, without the consent of the City of St. Paul, and shall be held and exercised for the purpose of sup- plying heat to the building on lot 12, block 2. Rice & Irvine's Addition, and shall not be used or employed for any other pur- pose whatsoever. 549 1517. Sec. 5. The grantee herein shall not furnish heat to said building except under written contract with the owner or tenants thereof, and such contract shall provide for a fixed and established charge, which shall at no time be less than the actual cost of supplying said heat, and said grantee shall keep an accurate set of books- of account, which shall at all times truthfully set forth and disclose both the cost of supplying heat and the amount charged or received therefor, and said books of account shall at all times be open to the examina- tion and inspection of the City Comptroller of the City of St. Paul. Said grantee shall annually, on or before the first Mon- day in February of each and every year, file in the office of the said City Comptroller a statement such as is required by sec tion 2T. chapter 4. of the Charter of the City of St. Paul, and said grantee shall likewise and on or before the first Monday of March of each and every year, pay into the city treasury a license fee in a sum equal to five per cent of the gross earnings derived or accruing from the exercise and enjoyment of the privilege hereby granted. 1518. Sec. 6. The grantee herein shall execute and de- liver to the City of St. Paul a good and sufficient b.ond in the sum of five thousand dollars ($5,000). in such form and with such sureties as shall be approved by the Corporation Attor- ney of said city, conditioned for the faithful performance by said grantee of all the obligations and conditions hereby im- •1. This bond shall be executed and delivered before any "l" the privileges hereby conferred arc exercised by the grai herein. 1519. Sec. 7. In the evenl that the grantee herein shall fail at any time to comply with any of the terms, provisions, conditions or limitation- herein contained, the privilege hereby granted shall forthwith terminate and become forfeited to the City of St. Paul, and said cit) shall have the righl such tunnel or make Mich public use thereof .is the public in i. resl - may require. 1520. See. s. Within thirty days at'ter the passage, :q> proval and publication of this ordinance, the grante< herein shall hie with the City Clerk his written acceptance thereof. 550 ich Form as shall be approved by the Corporation Attor- ney, ami within the same period the said grantee shall file, in the office of the City Comptroller, a certified copy of such acceptance, together with the bond herein provided for. Sec. 9. This ordinance shall take effect and be in force from and after its passage, approval, publication and accept- ance as hereinbefore provided. F. A. MARON. Ordinance No. 2400. « Approved September 21, 1903.) 1521. An Ordinance granting F. A. Maron the right to lay steam pipes under Seventh street, between Wash- ington street and Sixth street, in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Privilege is hereby granted to F. A. Maron the right to lay, and for the period of twenty-five years after the passage and acceptance of this ordinance to maintain, two vitrified pipes not exceeding 12 inches in diameter, at such point and in such manner as shall be prescribed by the Com- missioner of Public Works, extending from lot 7, block 10, Bazille & Guerin's Addition to lot 12, block 2, Rice & Ir- vine's Addition, and to place in said pipes the necessary pipes for conducting steam, as may be approved by the Commis- sioner of Public Works, and at- such place as he may direct, extending from lot T. block 1<». Bazille, & Guerin's Addition to lot 12, block 2, Rice & Irvine's Addition, and to lay in said tunnel the necessary pipes for conducting heat. 1522. Sec. 2. The privilege hereby conferred is granted upon the condition that the grantee herein shall assume all liability that may arise out of or be caused by the exercise of the privilege so granted, and shall at all times save the City •■: St. Paul harmless from any and all damages, costs and ex- penses growing out of, or arising from, the construction and maintenance of said tunnel, and the pipes and wires authorized to be laid therein. 551 1523. Sec. 3. The privilege hereby conferred shall not at any time be sold, transferred or assigned to any other person, firm or corporation, without the consent oi the City of St. Paul, and shall be held and exercised for the purpose of sup- plying heat to the buildings on lot 12, block 2, Rice & Irvine's Addition, and shall not be used or employed for any other purpi >se whatsoever. 1524. Sec. 4. The grantee herein shall not furnish heat to the said building, except under written contract with the own- er or tenants thereof, and such contract shall provide for a fixed and established charge, which shall at no time be le>- than the actual cost of supplying said heat, and said grantee shall keep an accurate set of books of account, which shall at all times truthfully set forth and disclose both the cost of sup- plying heat and the amount charged or received therefor, and said bonks of account shall at all times be open to the exami- nation and inspection of the City Comptroller of the City of St. Paul. Said grantee shall annually, on or before the first Monday in February of each and every year, tile in the office lid City C'om])t roller a statement such as is required by section 27, chapter I, of the Charter of the City of St. raid. and said grantee shall likewise, and on or before the first Mon- day of March of each and every year, pay into the citj treas ury a license fee in a sum equal to five per cent of the gross earnings derived or accruing from the exercise and enjoyment of the privilege hereby granted. 1525. Sic 5. The grantee herein shall execute and deliver to the City of St. Paul a good ami sufficient bond in the sum of five thousand dollars ($5,000), in such form and with such sureties ; ( s shall be approved bv the Corporation ^ttornej ol said city, conditioned for the faithful performance l»\ -aid grantee of all the obligations and conditions hereb\ imposed This bond -hall be executed and delivered before anj of the privileg< hereby conferred are exercised l»\ the gr< herein. 1526. Sec. 6. In the event that the grantee herein -hall fail at any time to comply with any oi the terms, provisions, conditions , ,r limitations herein contained, the privilege hereb) 552 granted shall forthwith terminate and become forfeited to the City of St. Paul, and said city shall have the right to close such tunnel or make such public use thereof as the public interest may require. 1527. Sec. 7. Within thirty days after the passage, ap- proval and publication of this ordinance the grantee herein •shall file with the City Clerk his written acceptance thereof, ich form as shall be approved by the Corporation Attor- ney, and within the same period, the said grantee shall file in the office of the City Comptroller, a certified copy of such ac- ceptance, together with the bond herein provided for. Sec. 8. This ordinance shall take effect and be in force from and after its passage, approval, publication and accept- ance, as hereinbefore provided. MIDWAY ELECTRIC LIGHT COMPANY. Ordinance No. 1717. (Approved November 25, 1893.) 1528. An Ordinance granting permission to the Midway Electric Light Company (a corporation) to erect poles and string its wires upon streets in that part of the City of St. Paul lying west of Lexington ave- nue, for the purpose of furnishing electric light and power. The Common* Council of the City of St. Paul do ordain as follows : Sec. 1. Thaf the Midway Electric Light Company is hereby granted permission to erect poles to string wires there- on for electric lighting, and the furnishing of power along and upon public streets and alleys in that part of the city west of Chatsworth street, St. Paul, Minnesota, upon the term- and conditions herein stated, under the supervision and subject to the inspection and control of the city engineer, and upon and under the following conditions and instructions, to- wit: Such poles shall be thirty-five (35) feet in height above the ground, and shall not be less than fourteen (14) inches in diameter at the bottom and six (6) inches at the top, and shall be placed at such depth in the ground as the city engineer may direct, to secure their safety; they shall be planed and shall be painted a dark color for the distance of six (6) feet from the ground, and from that point to the top they shall be painted white ; they shall be set at such distances apart from each other and at such places in the street as may be designat- ed by the city engineer. And in case any other corporation, companies, person or persons are now, or shall be at any time hereafter, permitted by the common council of said city to erect poles and string its wires for the purpose of electric lighting ajid furnishing power in said city, or to have the use of streets or alleys of said city for the purpose of electric lighting and furnishing power, and such corporation or corporations, company or com- panies, person or persons, shall desire to use the poles so erected by said Midway Electric Light Company for the pur- pose of supporting wires for such purpose, such corporations, companies, person or persons, shall be entitled to do so upon the paying to said Midway Electric Light Company, or it- suc- >rs, the proportionate share of all costs to procure and erect such poles, to be determined as follows: Upon the erection of poles upon any of said streets or alley-, said Midway Electric Light Company shall immediate- ly report to the city engineer the actual cosl of such poles and the erection thereof, and said city engineer shall ascertain and determine the actual cost of said poles and the erection thereof, and certify the amounl which he shall find to be and keep a record thereof in his office for public inspec- ts in. Upon the firsl application, as aforesaid, to use the poles erected, the applicant shall pay the Midwa) Electric Lfghl Compan) one half < ' •' of said actual cost of said poll determined by said city engineer, and in case of a second ap plication the applicant shall paj one third i I 3) of such the same to be divided equally between the Midway Ele< L/ighl Compan) and the firsl applicant, and ire appli- cants shall pay their proportionate -liar, .,i ,nd COStS in like manner, and the same to be divided proportionately in like manner as above, and all applicants so paying their propor- tionate share of said costs shall become and be by common consent joint owners with the said Midway Electric Light Company of said poles, and shall be entitled to use them for the purpose of electric lighting. And it is conditioned that if any other corporation, company or person, shall procure, or has procured, like permission from said common council to erect poles in said streets or alleys, or any one of them, and shall have actually erected its poles on such street or streets, or alleys, then the permission hereby granted is withdrawn as to such streets and alleys, and said Midway Electric Light Company shall be restricted to using such poles already erect- ed, or as may be erected before the Midway Electric Light Company shall have erected its poles thereon, under like con- ditions as herein stated. 1529. Sec. 2. The said Midway Electric Light Company shall at all times obey such further and additional require- ments as the common council of said city shall impose in the premises, and shall, when so required, remove any or all of said poles or wires from off the streets or alleys on which same is erected at its own cost and expense, when so required by -aid common council; and also, if so required, place any or all of said wires under ground, and remove the poles at its own expense. And the common council reserves the power to at any time amend or repeal this ordinance, and nothing herein contained shall be deemed to grant any exclusive right to use the said streets for the purpose herein contained. 1530. Sec. :!. The said Midway Electric Light Company hereby assumes all liabilities that may be caused by the erec- tion of such poles and stringing of wires thereon, and shall at all times save the City of St. Paul harmless therefrom, and from all damages arising out of the use or exercise of any privileges hereby granted as to erection of poles and the main- tenance of wires along and upon any of said streets, or alleys, and shall execute and deliver to said city a bond, with such conditions as shall be approved by the corporation attorney, in the penal sum of five thousand dollars ($5,000), saving said bond to be approved by the corporation attorney, and the vio- lation of the provisions of this ordinance shall render this ordi- nance null and void at the election of said comnlon council. Sec. 1. Said Midway Electric Light Company shall, within thirty (30) days after the passage and approval of this ordinance, execute and file with the city clerk a bond and a written acceptance of all provisions of this ordinance, in Form to be approved by the corporation attorney, otherwise this ordinance shall have ho force or effect. 1531. Sec. ■"). All rights granted under this ordinance shall cease and determine unless at least one mile of electric wiring for the. purposes of the franchise hereinbefore granted shall be laid and in operation on or before Jul}- 1. L894. 1532. Sec. 6. That the Midway Electric Light Company shall deposit with the city clerk of the City of St. Paul a cer- tified check on one of the banks of the City of St. Paul for the sum of two hundred dollars ($200), payable to the city clerk of St. Paul, which shall be retained in the office of the city clerk until the 1st day of July, A. 1 ). L894, at which time said Midway Electric Light Company shall have complied with all the provisions of this ordinance to be performed prior to said July 1. 1894, and particularly the requirements in section five (5) hereof that at least one i 1 ) mile of said electric wiring shall be laid and in operation by or before July I. L894, then .-aid check shall be returned to said Midwa\ Electric Lighl Company, or it" said company shall have complied with all the term- ol this ordinance- to be performed prior to the first day of July, \. 1'. L894, and the city engineer •-hall so oertify, then said check -hall, upon the •-aid engineer certifying a- aforesaid, be returned to said company. In case -aid companj -hall not complied with all the term- of this ordinance to he per formed prior to Jul) I. 1894, then and thereupon the city clerk shall draw the monej called for l>\ -aid check, and return the same into the office of the cit) treasurer, and the same -hall thereupon become the propert) of the city. ;. Tin- ordinance -hall take effeel and be in force from and after its p and publication, and the filii the bond and acceptance hereinbefore provided, and the de- positing with the citj clerk the certified check provided in set t i< 'ii six (6 i of tin- ordinal (Repealed b) resolution of council, Ma\ 89, 1900.) 556 MILTON DAIRY COMPANY. Ordinance No. 2224. (Approved November 11, 1901.) 1533. An Ordinance granting permission to the Milton Dairy company to construct an ice house upon a part of lot ten, block forty-five of Rice and Irvine's addition to St. Paul. The Common Council of the City of St. Paul do ordain as- follows : Sec. 1. That permission be, and the same is hereby granted to the .Milton Dairy company to construct an ice house sixty (60) feet by eighty (80) feet upon the southerly half of lot ten (10), block forty-five (45), of Rice & Irvine's addition to the City of St. Paul ; said ice house to be con- structed of wood, with sheet iron covering. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. THOMAS MILTON. Ordinance No. 2240. I Approved Jan. 8, 1902.) 1534. An Ordinance granting Thomas Milton permission to construct a barn and ice house upon lots four,, five and fifteen in block thirty-three of Rice & Ir- vine's Addition to St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission be, and the same is hereby grant- ed to Thomas Milton to construct a barn and ice house sixty (60) feet by forty-five (45) feet, twenty-eight (28) feet by sixty-six (66) feet and twenty-eight (28) feet by forty-six (46) feet, in its three wings, upon block thirty-three (33) of Rice and Irvine's Addition to the City of St. Paul; said barn and ice house to be constructed of wood. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. NATIONAL GERMAN-AMERICAN BANK. (Resolution of council approved — see below.) 1535. Resolved, That permission be and is hereby granted to the National German-American Bank to erect and con- struct a glass and iron canopy or porch upon its building at the northwest corner of Robert and Fourth streets, the same to be attached to the building above the first Story windows, •extending over the sidewalk, supported by iron posts, and canopy or porch to extend thirty feet on Robert street north from the intersection of Robert and Fourth streets, and forty feet on Fourth street west from the intersection of Robert and Fourth streets, said work to be done under *the supervision of the Commissioner of Public Works and upon the said Bank furnishing to the City of St. Paul a good and sufficient bond in the sum of Five Thousand Dollars ($5,000.00) to indemnify the City against any liability that may be incurred by reason of said structure; said bond to be approved by the Mayor and Corporation Attorney, and said structure to be removed when- ever the Common Council shall by resolution so direct. (Adopted by the Assembly July 10, 1900, the veto of the Mayor to the contrary notwithstanding.) NATIONAL SUBWAY COMPANY. Ordinance No. 967. (Approved June SO, L888.) 1536. An Ordinance granting to the National Subway company permission to lay electrical subways in the streets and alleys of the City of St. Paul. Tin- Common Council of the Cit} of St. Paul do ordain as f( fllowS : I. Thai consent, permission and authorit} arc here- by given, granted and duly vested in the National Subway Company, their sua ■ ind assigns, to construct, maintain, repair and operate conduits or subways, pipes, mains, con ductors, manholes, and service pipes in the streets, avenues and alley, throughoul all of the territor) lying easl and south of Pleasanl avenue and easl of Wes1 Third street and south 558 of Summit avenue, between Third and Rice streets, and all cast of Rice street, in said city, for and daring the term of twenty (20) years from the date of the passage of this ordin- ance, for the purpose of distributing and maintaining a line or lines of electrical and other wires, together with all necessary feeders and service wire, or other electrical conductors, to he used and to rent to others to use, for the transmission of elec- tricity for any and all purposes. But nothing in this ordin- ance shall he construed as granting any exclusive privileges or in any way preventing the common council from granting like privileges to those herein granted to others in any street. 1537. Sec. 2. The main conduits or subways herein au- thorized shall he laid in streets and avenues in a line parallel with the curh line thereof and at such distance from the curb- stone as shall not interfere with water, gas and sewer pipes already in said streets and avenues; and all such sub-conduits or subways shall be constructed under the supervision of the city engineer of the City of St. Paul, or such other officer as may be designated by ordinance for that purpose, and all plans and details of such conduits or subways in any street in the City of St. Paul shall be submitted and approved by such officer before any such conduit or subway shall be laid. 1538. Sec. 3. At least twenty-four (24) hours before open- ing any street, avenue or alley, or other public place, the gran- tees herein, their successors and assigns, shall notify the prop- er officer of said city in writing of such intention, stating the place where and the objects for which such opening is to be made, and in the opening and refilling of all the openings made as aforesaid, the relaying of pavements, and all other work necessary to complete the restoration of the streets, pave- ments, sidewalks or grounds to any equally good condition as when disturbed. The said grantees herein, their successors and assigns or their contractor, servants or employes shall be under the supervision of the city engineer of the City of St. Paul, or such other officer as may be designated for that pur- pose, and shall promptly comply with any order in reference thereto, and all of said work shall be done at the cost of the said grantees. Nor shall any street, avenue or alley or public 559 place be allowed to remain open or encumbered for a longer period than shall be necessary to execute the work for which the same has been opened ; and in all cases where the work requires the exercise of skill, as in the laying or relaying of pavements or sidewalks the said grantees herein, their suc- cessors and assigns, shall employ none but skilled workmen, familiar with the execution of such work. 1539. Sec. 4. The grantees herein, their successors and assigns, shall rent or permit to any person or corporation to use said system of underground conduits or subways upon such terms as may be agreed upon by the respective parties, and in case they cannot agree, such terms shall be fixed by arbitration of three (3) persons, one person to be chosen by the grantees herein, their successors and assigns, one person to be chosen by the person or corporation seeking to use or occupy said conduits or subways, and a third arbitrator by the persons thus chosen; and the rates and conditions SO agreed upon by said arbitrators, or a majority <>\ same, shall bind and govern the use of said subways or conduits by such person or corporation. 1540. Sec. 5. The grantees herein, their successors or as- signs, -hall commence tin' construction of Mich conduits or subways within six (6) months from the acceptance of this ordinance, and shall complete the construction of two miles .,f such subways within one ( 1 i year from such accepl ance, and be prepared to receive and conve) all of the electric wires through said subways or conduits for the iw of all per -oils, companies or corporations desiring to use the same, oi this franchise shall be null and void; and said grantees 'heir successors and assigns, when so ordered b) the common ncil of the Cit) of St. Paul by a two-thirds (2-3) vote of Said Council, -hall construd not less than one i I i mile ol -nil way in any streel or streets that may be designated b) said council within six (6) months from the making of said order, or this franchise shall be null and void, 1541. Sec, 6. That before the construction of said con duits and subways the grantei herein, their successors, oi assigns, shall < cecute to the Cit) of St. Paul a bond in tin sum 560 of twenty thousand dollars ($20,000), conditioned that said grantees, their successors and assigns, shall indemnify and save the City of St. Paul harmless from all actions for damages by reason of negligence or carelessness of said gran- tees, their successors or assigns or their contractors, ser- vants or employes, in the construction or operation of such conduits or subways. Said bond shall be signed by two (2) or more good and sufficient securities, to be ap- proved by the city comptroller; and should the common council of the City of St. Paul, by resolution, deem the sureties on said bond insufficient at any time during the continuance of this franchise, the grantees herein, their successors or assigns shall, within thirty (30) days after no- tice of said resolution has been served upon the proper officer or person in charge of the construction or operation of said conduits or subways, file a new bond with good and sufficient securities as above provided. 1542. Sec. 7. Nothing in this ordinance shall be so con- strued as to absolve said grantees, their successors, or assigns, from any legal liability or proceedings to restrain or abate any nuisance arising from the construction or operation of said conduits or subways, nor from any liability from injury to persons or property resulting from the negligence of the gran- tees herein, their successors or assigns, or their contractors, servants, or employes, in constructing or operating said sub- ways and conduits, nor to render the City of St. Paul liable to any person or corporation for damage caused by the construc- tion or operation of said conduits or subways by the grantees herein, their successors, or assigns; and said grantees, their successors or assigns, shall protect and save the City of St. Paul harmless from any suit or claim for injuries or damages arising from their negligence, or that of their contractors, or servants or employes, in the construction or operation of said conduits or subways. 1543. Sec. 8. The grantees herein, their successors and assigns, shall at all times be subject to and comply with all the ordinances of the City of St. Paul now in force or that may be hereafter passed governing the use of and occupancy of the 561 streets of said city, subject only to the limitations herein pro- vided, and shall comply with all the police regulations now in or hereafter enacted ; and should said grantees, their succes- sors and assigns, at any time fail or refuse to obey and com- ply with any of the provisions herein contained or hereafter enacted, subject to the limitations above, then said grantees, their successors and assigns, shall forfeit all rights, powers and privileges by this ordinance granted and conferred, and this franchise shall be null and void. 1544. Sec. 9. In consideration of the privileges heroin granted the grantees herein, their successors and assigns, shall without cost to the City of St. Paul provide space, draw in, and maintain and furnish all wires, conductors and conduits used in said system by the City of St. Paul for telegraph, tele- phone or fire alarm purposes. 1545. Sec. 10. The said grantees, their successors and as- signs, shall, within thirty (30) days from the passage and ap- proval of this ordinance, file with the city clerk an acceptance in writing of the terms and conditions herein, which written acceptance shall be in such form as may be satisfactory to the city attorney, who shall endorse thereon their approval of the form thereof; and this ordinance shall have no effect until such acceptance be filed with the city clerk as aforesaid. 1546. An ordinance and parts of ordinances in conflict with this ordinance are hereby repealed. NATIONAL SUBWAY COMPANY. Ordinance No. . i Approved July ll. L896.) 1547. Resolution forfeiting franchise of the National Sub- way Company. Whereas, The Common Council of the Cit) of St. Paul did, by Ordinance No. 967, granl to the National Subway Company permission to lay electrical subways in thi and alleys of the City of St. Paul, and by the terms of sei five of said ordinance it was declared thai unless said National Subway Company, its successors or assigns, should complete 563 the construction of two miles of such subways within one year from its acceptance of said ordinance, and be prepared to receive and convey all of the electric wires through said sub- ways or conduits for the use of all persons or companies or corporations desiring to use the same, the franchise created ! \ said ordinance should be null and void, and whereas, said National Subway Company has not complied with the terms and conditions of said ordinance; Now, therefore, be it resolved by the Common Council of the City of St. Paul, That the franchise of said National Sub- way Company be declared null and void. NELS J. NESS. Ordinance No. 2421. i Approved January 11, 1904.) 1548. An Ordinance granting permission to Nels J. Ness to construct a spur track to and upon block "D" of Banning & Olivier's Addition to St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority is hereby given to Xels J. Xess to construct and maintain a spur railroad track extending from the railroad tracks of the Chicago, St. Paul, Minneapolis & Omaha Railway Company upon the levee northerly of block "D" in Banning & Olivier's Addition to St. Paul, to and upon said block "D" as shown by the red lines upon the accompanying plat marked "Proposed spur, Xels J. Xess quarry," provided said side tracks shall be so constructed across the street or levee between said block "D" and the rail- road tracks of said Railroad Company as not to interfere with public travel thereon, and the same shall be constructed un- der the direction and supervision and to the satisfaction of the Commissioner of Public Works, and shall whenever ordered by the Commissioner of Public Works, be properly planked and guarded at such crossing ; provided, however, that said track shall be taken up and removed from said street within thirty (30) days after removal thereof shall at any time be ordered by the Common Council. 563 1549. Sec. 2. The foregoing permission and authority are granted upon the express condition that said grantee shall in- demnity and save said city harmless from any and all dam- ages, claims and expenses of whatsoever nature, arising out of the construction, maintenance, operation or removal of said tracks and upon the further express condition that said Ness shall cause to he executed and delivered to said city a deed of the owner of said block "D" conveying to said city title to the strip of ground now used and occupied as a street to the northerly of said hlock "D" and indicated and marked upon said plat as "Public Levee." Sec. '">. This ordinance, shall take effect and be in force from and after its passage and publication. NORTHERN LINSEED OIL COMPANY. Ordinance No. 2335. i Approved December 6, 1902.) 1550. An Ordinance granting permission to the Northern Linseed Oil Company to construct a spur track on Wycliff street, from Turner street to Hersey avenue, and to cross said Hersey avenue both on the north and south side with said spur track. The Common Council of the City of Si. Paul do ordain as follows : I. That authority and permission is hereby granted to the Northern Unseed < >il Company to ereel and maintain a railwaj spur track on Wycliff streel from Turner streel to Hersey avenue, and to cross said Herse) avenue <>n both the north and south sides and to operate freighl cars on said spur track- for the purpose of receiving and discharging merchan disc ; said spur track to be constructed under the supervision and direction and to the satisfaction of the Commissioner of Public Works of the Cit) of St. Paul. 1551. ■.' The Northern Unseed Oil Companj shall, before proceeding to lay said spur track, furnish a bond to the City of St. Paul, in the sum of $5,000, in such form as shall be approved by the Corporation Attorne) of said city, said bond 56 l to indemnify and save harmless the City of St. Paul from any and all costs and damages of every kind and nature which may arise from the construction and operating of said spur track. 1552. Sec. 3. The privilege herein granted of so con- structing and operating said spur track may be revoked at any time by the Common Council of the City of St. Paul upon ninety (90) days' notice to said Northern Linseed Oil Com- pany. 1553. Sec. 4. This ordinance shall take effect and be in force from and after its passage, approval and publication. NOYES BROTHERS & CUTLER. Ordinance No. 2231. i Approved December 7, 1901.) 1554. An Ordinance authorizing Noyes Brothers & Cutler to erect a frame shed on part of Lot 6, Block 7, Whitney & Smith's Addition to the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority are hereby given to Noyes Brothers & Cutler to erect a frame shed upon part or Lot G, Block 7, Whitney & Smith's Addition to the City of St. Paul, such shed to be approximately twenty-two feet in width and seventy feet in length and to be constructed under the superintendence of the Building Inspector of said City, and the said Building Inspector is hereby authorized to issue to said Noyes Brothers & Cutler a proper permit therefor. Sec. 2. This ordinance shall take effect and be in force from and after its passage. 565 J. C. RICHARDSON. Ordinance' No. 2266. (Approved March 6, 1902.) 1555. An Ordinance authorizing J. C. Richardson to erect a frame building, ten by forty feet, upon Lots 1 and 2, Block 8, Bazille & Guerin's Addition to the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority arc hereby grant- ed to J. C. Richardson to construct and erect upon the north half of the" south third, and the south twenty-five (25) feet of the north one hundred (100) feet of Lots 1 and 2, Block S, Bazille & Guerin's Addition to the City of St. Paul, a frame building substantially ten by forty feet, the structure to be covered with corrugated iron, said structure to be constructed under the superintendence of the Building Inspector of the City of St. Paul, and said Building Inspector is hereby au- thorized to issue to said J. C. Richardson a proper permit t he re for. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. WILLIAM RHODES AND GEORGE H. RANNEY. Ordinance No. 1674. I Approved April 20, L893. 1 1556. An Ordinance granting unto William Rhodes and George H. Ranney permission to use a portion of the levee in the Sixth ward in the City of St. Paul. The Common Council of the Ciu of Si. Paul 'I" ordaii follows : Sec. I. Thai permission and authorit) is hereb} given and granted unto William Rhodes and G I Rannej to use and occupy for the full period from the date of the p age of this ordinance until July I, 1916, for the purpose oi manufacturing iron and all thing and incident to 566 the working and manufacturing of the same, that portion of the levee in the Sixth ward in the City of St. Paul, described as Follows, to-wit : Lots three (3), four (4), and five (5), of Block "B," Rob- ertson's addition to West St. Paul, according to the plat there- of duly recorded. 'Phis -rant and permission are made "by and in behalf of the City <>f St. Paul upon the express conditions and terms hereinafter set forth, to-wit: First — The said grantees, above named, their heirs, exec- utors, administrators or assigns, shall pay to the City of St. Paul, as compensation and rental, for the privileges hereby granted, the sum of one dollar ($1) per annum, payable an- nually in advance, for and during the time hereinabove speci- fied. Second — Said grantees shall erect upon said premises and maintain thereon certain brick veneered or stone buildings, or buildings made of both brick and stone, of such height that two (2) or more of the stories of the main buildings so erected shall be above the grade of the street upon which said lots face, which buildings shall be built under the direction and ac- cording to the instructions of the building inspector of said city, upon obtaining a permit so to do, and the payment of the proper fees therefor. And said buildings shall be used for manufacturing purposes, as above set forth, and in connection therewith ; provided, however, that the chimneys and smoke- stacks, if any be erected, to be used in said business, shall ex- tend at least twenty-five (25) feet above the grade of the street upon which the said buildings front, and, provided that the common council of the City of St. Paul may by special resolution permit the erection by said grantees of buildings of a different character and material from those above set forth. Third — The grantees herein named, their heirs, executors, administrators or assigns, shall employ in said business at all times during the term of this franchise a monthly average per year of not less than twenty (20) men. Fourth — The grantees herein named, their heirs, execu- tors, administrators or assigns, shall complete said buildings and have said business in full operation within nine (9) months from the passage of this ordinance, and before the ex- 56*3 piration of the term of the lease herein granted said buildings shall be removed from said above-described premises by said persons, and in case of failure to remove said buildings within said time, the same, or such part thereof as may thereafter re- main on said premises, shall become the property of said City of St. Paul. Fifth — Said grantees shall and will forever indemnify and save harmless the City of St. Paul against any and all dam- age-, judgments, claims, costs and expenses "i same which said city may suffer or which may be recovered or obtained from or against said city from or by reason of. or growing out of, or resulting from, the passage of this ordinance, or the per- formance or transaction of any matter or thing connected therewith, or mentioned therein, or with the exercise b) said grantees of the privileges hereby granted. 1557. Sec. "i. No rights granted by this ordinance -hall be transferred by the grantees herein named to any corporation, company, person or persons unless the consent of the common council of said city shall be first obtained, except that said grantee- herein named may and are hereby given permission to transfer said right- to a corporation to be organized under the law- of this state, of which said grantees -hall be stock- holders, but said corporation so formed shall make no trans fer whatever of the rights herein granted, or an) of then cepl by the consent of the common council of the Cit) of St. Paul. 1558. '■'<. This ordinance -hall nol be considered or trued as in any manner guaranteeing or warranting an) oi the rights hereby granted, nor the title of an) of the lands herein described. 1559. I. It said s, their heirs, executors, ad ministrators or assigns shall fail in an I to comply with the provisions of this ordinance, then all the rights and privileges hereby granted shall immediate!) be forfeited to said City of St. Paul. 1560. 5. The -aid grantees shall file with the cit) clerk of said city, within thirty (30) days after the publication of this ordinance, their written acceptance of the provisions 568 thereof ami an agreement to perform all the terms thereof, the same to be approved by the corporation attorney. Sec. 6. This ordinance shall take effect and be in force from and after the publication and acceptance thereof as pro- vided herein. ST. PAUL GAS LIGHT COMPANY. Ordinance No. 2424. (Approved Jan. 21, i904.) 1561. An Ordinance granting to the St. Paul Gas Light Company certain rights, privileges and authority to occupy and use the streets, alleys, lanes, bridges, parks and public grounds of the City of St. Paul for the purpose of supplying gas for all purposes, and regulating certain electric franchises, and for the repeal of certain ordinances and resolutions. The Common Conncil of the City of St. Paul .do ordain as follows : 1562. Sec. 1. That subject to all the conditions, terms, limitations, reservations, agreements and requirements here- inafter contained, there is hereby granted to the St. Paul Gas Light Company, a Minnesota corporation, hereinafter called the grantee, and to its successors and assigns, for the period of twenty-five years from Jannary 1, 1007. as hereinafter pro- vided, the right, privilege and authority to enter upon, use and occupy the streets, lanes, alleys, bridges, parks and public grounds of the City of St. Paul, hereinafter called the City, including any territory that may hereafter be added to the City, for the pnrpose of laying, maintaining, constructing and operating pipes, tunnels and conduits, including the use, maintenance and operation of any such pipes, tunnels and con- duits as have been laid or constructed prior to January 1, 1907, for the purpose of supplying gas for all purposes. 1563. Sec. 2. The grantee, in laying and constructing its pipes, tunnels and conduits, and any lamp-posts erected by it, shall lay. construct, erect and maintain the same so as not to be an impediment or obstruction to the use, or an injury to 569 the surface of such streets, alleys, lanes, bridges, parks or public grounds, and shall, immediately after such laying and construction, replace and restore with like material, the pave- ment, surface and roadway of all streets, alleys, lanes, bridges, parks and public grounds in, upon or under which any work is done, in as good and durable condition as they were before the doing of the same, and the grantee shall pay to the city all damages sustained by any failure or neglect on its part in this behalf, and the amount of such damages, from time to time, if any shall be certified to by the Commissioner of Public Works of said city, and such certificates shall be prima facie evidence between said grantee and the city, both as to the fact and amount of such damages, and shall be a charge against the grantee and may be deducted from any monej S due it for public service or lighting. 1564. Sec. 3. The location of all such pipes, tunnels and conduits, laid or constructed under this ordinance, in said streets, alleys, lanes, bridges, parks and public grounds, shall be subject to the direction and approval of the Commissioner of Public Works, and shall be laid or constructed only after securing a permit therefor from said Commissioner in the manner provided by the general ordinances of said city, go^ - erning excavations in streets, and the location thereof shall also be governed by, and shall not interfere with, other pipes, tunnels or conduits already laid or constructed ; provided, that no permit from said Commissioner shall be necessary for lay- ing service pipes leading from the streel mains to the prop erty line. 1565. Sec. I. That said city shall have and reserve the rlghl to require said grantee, at its own cosl and expense, to move or change the location of an) 'it" its pipes, tunnel conduits, whether heretofore or hereafter laid or constructed, whenever the Common Council shall deem thai public inter est, necessit) or safet} requires such action, and said grantee shall comply with am order of the Common Council in that behalf, within such reasonable time as shall be fixed by the Cot "it Council, hnt if such removal is neo ssarj to accom- modate private interests, the partj tlm- benefited hall first pay the grantee the actual i h< r< ■ >f 570 1566. Sec. 5! That within out.' year after the acceptance of this ordinance, said grantee shall prepare in convenient book or atlas form, substantially hound, and file the same with the Commissioner of Public Works, a profile showing all the main pipes, tunnels and conduits, then laid and constructed, with their dimensions and locations, and the grantee shall keep the same complete in these respects as to all extensions and new construction, in the month of January next succeeding the year in which such extensions and new construction are made. 1567. Sec. 6. The said grantee, its successors and assigns, lierel>\ assume and shall be liable for all damages, caused by or arising in any manner out of the exercise of the rights, privileges and authority by this ordinance granted, and shall at all times indemnify and save the city harmless from all damage, judgments, cost and expense arising therefrom, and said grantee, its successors and assigns, shall at their own ex- pense, defend all suits and actions brought against the city by reason of the passage of this ordinance, or any act of omis- sion or commission thereunder, upon being notified of the pendency thereof, and the recovery of judgment in any such action for any sum or amount as damages or costs and dis- bursements or both, shall be conclusive evidence of the lia- bility of the grantee to reimburse the city therefor, provided that the grantee has been given such notice of the pendency ich action. Said city reserves the right, in case the Com- mon Council shall at any time deem it necessary, as a con- dition to the further exercise of any of the rights, privileges or authority therein granted, to require said grantee, its succes- - trs or assigns, to execute and deliver to the city a bond in the penal .sum of not more than fifty thousand dollars, in form to be approved by the Corporation Attorney, with such surety or Mireties thereon as may be approved by the Common Council, conditioned that said grantee, its successors and assigns, shall faithfully observe and fulfill all the terms, conditions and re- quirements of this ordinance, and may require the renewal of -aid bond from time to time with- the same, other or additional sureties. 571 1568. Sec. 7. The grantee in consideration of the franchise and privileges thereby granted and conferred, shall comply with, and be bound by. all the provisions, limitations, obliga- tions and requirements of the charter of the city relating to the granting of public franchises, including the riling of the re- ports therein required and the payment to the city, in addition to all general taxes assessed against it, of an annual license Fee of five per cent of the gross earnings derived or accruing from the exercise or enjoyment of the franchise ami privileges thereby granted, and all manner of bnsiness transacted there- under, including the sale and disposal of all residuals, provided this shall not apply to earnings derived from the sale of gas stoves, gas fixtures and appliances: and from and after Janu- ary 1st. 1907, said grantee shall beheld and taken to derive from this ordinance and the present charter of the city, its sole and only right, power or authority to use or occup) an) of the streets, lanes, alleys, bridges, park- or public grounds of the city, for the purpose of laying, constructing, maintain- ing, or in any manner making nse of. any pipes, posts, conduits or tunnels for furnishing gas for any purpose, and none of such pipes, tunnels, conduits or posts shall be used or appro- priated for any other purpose without the consent of the city first had and obtained, and upon the termination of the rights and privileges herein and hereby granted, whether 1>\ expira- tion of the full term herein provided for, or 1»\ a sooner termi- nation thereof by forfeiture, or from any other cause, all right and authority , ,\ said grantee to use. occupy or enter upon any oi the streets, lam-, alleys, bridges, parks or public- ground- of tin- city for any of tin- purposes herein contemplated, -hall forthwith cease, terminate ami be at an end. 1569. Sec. 8. In view of the fad that tin- grantee is now engaged in furnishing gas to the city anil its inhabitants, un- der a franchise granted 1>\ the legislature of the territorj of Minnesota, and the right thereunder \>< (liter upon, use "f occupy any of the streets, Ian.-, alley-, bridges, public grounds and parks of the city, c< rid terminate- .hi January I. L907, said grantee, on and after the first day of 'he month following the pa if this ordinance, and a- an induce menl i" the p and enactmenl th< i hall and will fur nish gas to the inhabitants oi said city at the net price of one dollar and fifteen cents per thousand cubic feet; and on and after January 1st, L905, shall and will furnish gas to said in- habitants at the net price of one dollar and ten cents per thousand cubic feet ; and on and after January 1st, 1906, shall and will furnish gas to said inhabitants at the net price of one dollar and the cents per thousand cubic feet; and on January L907, and ever thereafter, during the life of this franchise,, said grantee shall and will furnish gas to the inhabitants of said city at a net price which shall never exceed one dollar per thousand cubic feet; provided that for the purpose of in- suring prompt payment of the bills therefor, there may at all times be added an additional twenty cents per thousand cubic feet to the current net price on failure of the consumer to pay therefor on or before the fifteenth day of the month succeed- ing that in which the gas is used, and provided further that whenever the amount of gas used by any consumer during any month shall, at the current net price aforesaid, amount to less than twenty-five cents, the grantee may charge such consumer for such month a sum not to exceed tw-enty-five cents as a minimum charge. 1570. Sec. 9. That as a further inducement to the passage of this ordinance from and after the first day of January, iriu}. as well under its existing -franchise as under the one hereby granted, said grantee shall and will at all times fur- nish gas to the city to light its streets, lanes, bridges, parks, public grpunds and buildings and all buildings jointly owned, used or occupied by the city and County of Ramsey, and all buildings owned or occupied by said County, at a price which shall never exceed one dollar per thousand cubic feet of gas actually consumed ; provided, in case of gas used for street lighting the grantee will not be required to meter the same, but the consumption shall be ascertained as provided for in such contracts as may be entered into between the -grantee and the city therefor. 1571. Sec. 10. The gas manufactured and furnished by said grantee shall all be good and first class for illuminating purposes, free from all noxious impurities, and all coal-gas 5?3 shall be of not less than sixteen candle power, and all water gas of not less than twenty-two candle power, within a radius of one and one-half miles of the holder from which the same is distributed into the mains, such illuminating" power to be determined by the photometric process in ordinary use. The city, by such person or persons as it may from time to time designate for that purpose, shall at all times, during business hours of any day, have full and free access to the gas works and plant of the grantee and all departments thereof, for the purposes of full and complete inspection, and making tests of the quality of gas furnished. The city shall also have the right to provide by ordinance for the inspection of meters, and to prescribe the duties of such inspectors as it may ap- point, for the purpose of securing correct measurement of the gas furnished by the grantee to consumers. 1572. Sec. 11. That in consideration thereof said grantee shall at all times during the life of this franchise, keep and maintain its gas works, manufacturing plant, pipes, '.unnels, conduits and all appliances for the manufacturing and fur- nishing of gas for all purposes, in good and proper condition and repair, and shall during all of said time exert every rea- sonable effort to run and operate the same, so as to give good and constant service to said city and the inhabitants thereof, upon and along the lines of all its mains and shall at all times furnish and supply to any and all persons along the lines of its mains, without discrimination, an ample and adequate sup- ply of gas for illumination, fuel or any other proper purpose, at current prices, under such reasonable rules and regulations a- may he adopted by said grantee. Said grantee shall also at all times dining the life of this franchise, in all parts of the city where i;;h i» used for Illumin- ating an\ of the streets, public grounds or public buildings, keep its main-, service pipes and street posts in proper eon dition for use, and -hall in good faith bid upon ami compete for furnishing gas for all public lighting or other public pur« poses, at prices not in excess of the CUrrenl rates herein pro vided for, or in i -mh rates as ma\ he hereafter ; ami established, ami shall faithfully carry out and perform any • ' ' ' ' and all contracts awarded to it for furnishing- gas to the city therefor. 1573. Sot.-. L2. [f at any time (luring the life of this fran- chise an emergency exists 1>\ reason of no contract being in force for furnishing public lighting, or gas therefor, or if for any other reason the city is deprived of light upon its streets or public grounds or in its buildings, then the city by resolu- tion or ordinance of its Common Council, shall have the right, upon making suitable provision insuring payment therefor, to oruYr and direct said grantee to furnish and provide, tem- porarily, until such emergency shall have passed, gas for lighting upon the streets and public grounds whenever the grantee has street posts, and in the public buildings of said city having connections with the grantee's mains, at the then current prices hereunder for such gas, and when so ordered and directed, said grantee shall promptly furnish and provide the gas therefor, for and during the time it is so ordered and directed, but such temporary arrangement shall not be con- tinned longer than to give said .city a reasonable opportunity irocure such lighting, or necessary gas therefor, in the usual and customary manner. 1574. Sec. 13. Said city also reserves the right, in case it shall at any time during the life of the franchise hereby granted, acquire or construct or authorize the construction of any system of conduits, tunnels or subways, for general accom- modation, in any understreet or streets of the city, to order and require said grantee, its successors and assigns, at their own expense, to remove and re-locate any or all of its pipes, tunnels and conduits along or under any such street or streets, o and in such tunnels, conduits or subways, provided or au- thorized by the city, and if the same are owned by the city '1 have the right to charge said grantee and receive from it a reasonable rental and compensation to be fixed and pre- scribed by the Common Council, for the use thereof, upon providing reasonable space therein for the same, and said grantee shall promptly obey and execute within such reason- able time as shall be prescribed therefor, all orders and direc- tions in that behalf given by the Common Council of the city. 5 ? 5 1575. Sec. 14. The Common Council of the city shall have the right, power and authority, independent of whether or not the present provisions of the city charter in that behalf are continued in force during the life of this franchise, to regulate and control the maximum prices to be charged by said grantee for furnishing gas hereunder to the city and its inhabitants, provided only that the prices so fixed shall be fair and reason- able. If said grantee ever disputes the fairness and reasonable- ness of any such maximum prices hereafter fixed and pre- scribed by the Common Council of the city, and shall carry such question for litigation into any court of competent juris- diction, then and in that event, if such court shall decide that the maximum prices so fixed and prescribed by the Common Council are not fair and reasonable, said court shall in the same action, upon the evidence adduced therein, decide, tix and determine what maximum prices are fair and reasonable, and whether the same be greater or less than those fixed by the Common Council, such prices so fixed and determined by the court shall bind --aid grantee and limit the prices to be charged by it for furnishing gas until the Common Council of the city shall again take further action in the matter, or until the conditions bearing upon the fairness and reasonableness of such maximum prices have materially changed, and the grantee shall again dispute the fairness and reasonableness thereof and carry such question for litigation into an) court of competenl jurisdiction; provided that said court shall nol fix such maximum prices in i t one dollar per thousand cubic feel of gas actuall) furnished, and no power shall exisl to authorize said grantee to charge or receive any sum in <\ of a price at the rate of one dollar per thousand cubic epl onl) ;is provided in ighl (8) of tin- ordi- nance in relation to penalties for overdue Kill-, and a minimum charge "f twenty-five cents per month, 1576. r>. That. ndition to the taking effect of this ordinance, said grantee shall and will, within one after the passage and approval thereof, extend its main-, b) the mosl convenient routes, t<. those portions of the city known 5t. \nthonv Park and Macile ;, r Park, and shall furnish 576 the necessarj gas and shall give reasonable service to the in- habited portions of these districts, and to that end, within said time, shall lay-its mains in and furnish service to the residents upon the following streets, between the points named, that is say : i >n University avenue, from Cleveland avenue to Crom- well str< ( >n Raymond avenue, from University avenue to Manvel street. On Bay less avenue, from Eustis street to the right of way of the Great Northern Railway Company. < >n Cromwell avenue, from University avenue to Manvel street. On Alden street, from Raymond avenue to Alden Place. ( In Alden Place, from Alden street to Gibbs avenue. On Langford Park Place west, from Belt Line right of way to Knapp street. On Keston street, from Commonwealth avenue two hun- dred feet north. On Priscilla street, from Raymond avenue four hundred feet east. On Raymond avenue, from the Great Northern Railway tracks to Langford avenue. On Scudder avenue, from Blake avenue to Raymond avenue. On Blake avenue, from Langford Park Place west to Langford avenue. On Langford avenue, from Knapp street eastward to County Road. On Commonwealth avenue, from Keston street to Cleve- land avenue. On Carter avenue, from Lot 31. Block 40, St. Anthony Park North to County Road. On County Road, from Commonwealth avenue to Pierce avenue. On Knapp street, from Langford avenue at Block 38, St. Anthony Park, to Raymond avenue. On Bourne avenue, from Carter avenue to west line of Lot 6, Block 40, St. Anthony Park North. 577 On Snelling avenue, from Summit avenue to Lincoln avenue. On Summit avenue, from Snelling avenue to Cambridge avenue. On Summit avenue, from Cambridge avenue to Baldwin street. On Macalester avenue, from Summit avenue to Princeton avenue. • On Cambridge avenue, from Lincoln avenue to Amherst street. On Princeton avenue, from Macalester avenue to Baldwin street. On Grand avenue, from Macalester avenue to Fairview avenue. On Lincoln avenue, from Macalester avenue to Fairview avenue. 1577. Sec. 16. That in addition to the extensions above required said grantee shall also, from time to time after Jan- uary 1st, 1007, extend its mains in and along any street or por- tion of a street, in said city, and furnish an ample supply of ,^as to the residents thereon, within six months after the de- livery to it of a petition of residents thereon, whose respective houses or buildings are of a permanent character, and are piped and equipped throughout for use of gas, requesting such extension, and agreeing to become regular customers and con- sumers of gas along the line thereof, provided that the number of such petitioners shall be sufficient in the aggregate to aver- age at least one of such houses or buildings for every one hundred feet of such proposed extension or extensions ol main pipes, exclusive of street crossings, and provided, further, that said grantee shall not be required to lay any mains or erect any lamp-posts provided for in this section, or in the next suc- ceeding section of this ordinance, during the months of De cember, January, February, March or Vpril in any year, and such months shall not be counted a part of the time limit I for making extensions required by said two sections thereof, 1578. Sec. 17. That the Common Council of Said City, in addition to the extension-, hereinbefore provided for. shall 578 have the right, power and authority, whenever the public in- sl shall so require, to order and require said grantee to extend its mains and Furnish and supply gas and service to said city and the residents thereof upon and along any and all streets, or parts of streets, in the city, or to and throughout any and all of the parks and public grounds of the city, pro- vided, that not more than three miles of main pipes shall be so ordered and required to be laid by said grantee in any one calendar year, but if the grantee does not lay such extensions the same year they are ordered, such delay shall not entitle it to any reduction on that account upon the extent of the ex- tensions which may be ordered by the Common Council the next or following years, but if in any calendar year the Com- mon Council shall order the laying of less than three miles of mains as aforesaid, or shall fail in such year to order the laying of any mains, it shall not on that account be entitled to order the laying of more than three miles the next or any succeeding year. The Common Council of the city shall also have the right, whenever a contract is in force for lighting the same, to order and require the erection and maintenance by the grantee of such additional iron lamp-posts, with all proper connections and service pipes, upon the streets, lanes, avenues, bridges, parks and public grounds of the city as it shall deem neces- sary, along the lines of the grantee's mains, for the furnish- ing of public gas lighting, and when they are so erected they shall be devoted to that use so long as such lighting is nec- ry, or until they are displaced by other street lights of the same or a different kind. All orders and directions of the Common Council relative to the matters embraced in this section shall be promptly obeyed by the grantee, and all extensions of mains and erec- tion of lamp-posts so ordered shall be so furnished, laid, erected and completed, ready for use, within three months after such orders are given by the Common Council, except that six months will be allowed for the laying of mains so ordered. The Common Council shall also have the right at any time to order and require the immediate repair or replacement 579 of any pipes, tunnels, conduits or lamp-posts that become, for any reason, in an unfit or dangerous condition for use. 1579. Sec. IS. Said grantee shall not require or receive any deposit or advance payment for installing and maintain- ing service in excess of what is reasonably necessary to se- cure payment of current bills for gas consumed, which shall be repaid upon removal of the meter or discontinuance of the service, except that the same may be applied so far as may be necessary in discharge of any unpaid bills for gas consumed. Said grantee shall pay to the person making any such deposit an annual interest of five per centum on the amount thereof, payable when service is discontinued, or annually upon presentation of the deposit receipt, at the option of the consumer. If current monthly bills are not paid as due by customers, their service may be discontinued until such bills are paid, but such unpaid lulls, unless due from the owner, shall not be a charge against the property, and no person not himself in arrears shall be denied service because of any previous occu- pant of the same premises being in arrears to the grantee for service therein. All service pipes from street mains to the property line shall be provided and laid at the expense of the grante< . 1580. Sec. 19. Said grantee shall at all times be and remain separate and apart from, and entirely independent of, any and all competing companies, corporations and individuals thai may hereafter be engaged in the gas business in the city, and shall not in any manner consolidate or pool its stock, business or interest, or make any division of business or territory with an) thereof; neither shall said grantee ever acquire, own, make use of, or in any manner exercise an) of the rights, privileges or franchises, or use, own, control or op< rate an) ol the property, works, plant or appliances of an) such other company, corporation or individual, without the consenl ol the Common Council. No sale, assignment, transfer, lease or other disposition of an) of the rights, privileges or franchises hereb) granted shall ever be made withoul the consenl of the Common Conn- 580 cil of the city first had and obtained by not less than two- third- vote of all members of each body thereof; provided, that this prohibition shall not apply to any mortgage or trust deed of the property or franchise of the grantee. 1581. See. 20. Nothing in this ordinance contained shall impose any obligation or liability whatever upon the city, other than to compensate the grantee at current prices for the actual amount of gas furnished to, and consumed by, the city for public purposes, and any and all alleged liability of the city for the payment of any interest charge by reason of the provisions of section nine, of chapter fifty-three of the Laws of Minnesota for the year 1856, subsequent to the year 1901, is. in consideration of this ordinance, forever waived, cancelled and abolished. 1582. Sec. 21. The grantee, in further consideration of the franchise and privilege hereby granted, agrees that any fran- chise or privilege heretofore granted by said city, and now held by it. as well as the franchise hereby granted, shall be held and exercised subject to all the conditions and limitations in said charter prescribed, including the payment of a license fee of five per cent, of the gross earnings derived or accruing from the exercise or enjoyment of said franchise or privilege ; the intent being by this section to provide for the agreement required by section thirty (30) of chapter four (IV.), of the said charter. 1583. Sec. 22. In the passage and acceptance of this ordi- nance the city and the grantee, being in doubt as to the exact meaning of section thirty (30) of chapter four (IV.) of the charter, have construed it to require the grantee to agree that from and after January 1, 1907, and not before, the franchises and privileges described in this section shall be held and exer- cised subject to all the conditions and limitations of said charter, including the payment of a license fee of five per cent, of the gross earnings derived from the exercise and enjoy- ment of such franchises or privileges, to-wit: 1584. 1. All the right and authority to use the streets, alleys and public grounds of the city for the conduct of elec- tricity conferred directly upon the grantee by the following 581 ordinances and resolutions: Ordinance Xo. 271, approved March 1, 1882; Resolution, approved April 6, 1882; Ordinance Xo. 595, approved December 5, 1885; Ordinance No. 1219, approved September 7, 1889; Resolution, approved June 20, 1896 ; and Resolution, approved November 8, 1899. 2. All the right and authority to use the streets, alleys and public grounds of the city for the conduct of electricity conferred upon the Economy Steam Heat Company, after- wards the St. Paul Light, Heat and Power Company, under the following ordinances and resolutions, which right and author- ity has since been assigned to and is now held by the grantee: Ordinance No. 916, approved April 8, 1888, as amended by Ordinance Xo. 1707; Resolution, approved March II. L889; and Resolution, approved September 20, 1893. •'!. All right and authority to use the streets, alleys and public grounds of the city for the conduct of electricity, con- ferred upon the East Side Electric Company under the follow; ing ordinances and resolutions, which right and authority has since been-assigncd to, and is now held by, the grantee : ( )rdi- nance No. 1659, approved February 1-7, L893; and Resolution, approved December 5, 1894. I. All franchises or privileges grained ]>\ said city, and now or hereafter held by the grantee, and not hereinbefore specifically described, and any and all franchises and privi- leges at any time granted to the Economy Steam Heai Com- pany, the St. Paul Light, I feat and Power Company, and the Easl Side Electric Company, or either of them, nol herein- before specificall) enumerated. 1585. S<-e. 23. In further consideration of the Franchises and privileges hereby granted, the grantee will cause the duly authorized officers of the said Edison Electric Light and Power Company, in which the grantee owns substantial^ all of the shares of stock, to execute and file with and al the time of the acceptance of this ordinance, an agreement in writing, approved as to form by the Corporation Vttorney, thai the right and authority to use any of th< ir public grounds of said cit\ for the conduct of electricit) confi upon said Edison Electri< Light and Power Company by Ordinance No. 707, approved Vugust 19, amended by 582 i Ordinance No. 1698, and the right and authority to use any of the streets, alleys or public grounds of said city for the con- duct of electricity, conferred upon the St. Paul Electric Manu- facturing and Construction Company by Ordinance No. 1518. approved December 10. 1891, and Ordinance No. 1577, ap- proved February 25, 1892, which right and authority has since been assigned to, and is now held by, the said Edison Electric Light and Power Company, as well as any other franchise *or privilege for the conduct of electricity heretofore granted by said city, and now or hereafter held by said Edison Electric Light and Power Company, shall from and after the first day of January. 1907, and not before, be held and exercised sub- ject to all the conditions and limitations of said charter, in- cluding the payment of a license fee of five per cent, of the gr — earnings derived or accruing from the exercise and en- joyment of such franchises and privileges. In further' consideration of the franchise and privilege hereby granted the grantee agrees to cause the duly author- ized officers of the St. Croix Power Company, a Wisconsin cor- poration, in which the grantee is the owner of substantially all of the shares of stock, to execute and file with and at the time of the acceptance of this ordinance an agreement in writ- ing, approved as to form by the Corporation Attorney, that the right and authority to use any of the streets, alleys or public grounds of said city for the conduct of electricity, con- ferred upon said Edison Electric Light and Power Company, under a resolution approved November 11, 1890, and resolu- tion approved January 5. 1000, which were thereafter assigned to. and are now held by, the said St. Croix Power Company, as well as any other franchise or privilege for the conduct of electricity heretofore granted by said city, and now or here- after held by said St. Croix Power Company, shall, from and after the first day of January. 1907, and not before, be held and exercised subject to all the conditions and limitations of said charter, including the payment of said license fee. 1586. Sec. 24. Whereas, A dispute in good faith Has arisen between the city on the one part, and the grantee and the Edison Electric Light and Power Company on the other, over 583 the duration of the various franchises and privileges described in sections 22 and 23 of this ordinance; and Whereas, The city, by Ordinance No. 2121, approved May 2d, 1900, has attempted to limit the duration of the said fran- chise so conferred upon the Edison Electric Light and Power Company by said Ordinance No. 707, to the first day of Jan- uary. 1907, and by resolution, approved May 29, 1900, at- tempted to terminate and revoke on the first day of January, 1907, the said franchises and privileges for the conduct of elec- tricity conferred upon the St. Paul Gas Light Company, the Economy Steam Heat Company, St. Paul Electric Manufac- turing and Construction Company, and the East Side Electric Company : and Whereas, It is claimed by the grantee and by the Edison Electric Light and Power Company that the said ordinance and resolution so attempting to limit and revoke said fran- chises and privileges are inoperative and invalid, and that the term of each of said franchises and privileges so referred to in said ordinance and resolution is unlimited, and cannot be fixed or limited without the consent of the owner of such franchise or privilege ; 1587. Now, therefore, For the purpose of compromising and settling said dispute, and the rights of the respective par- ties, the said city, in consideration of compliance with the re- quirements hereof, waives any claim that the franchises and privileges referred to in this section terminate on the first day of January, 1007, whether by virtue of the passage of sa Ordinance No. 2121, or said Resolution approved Ma\ L900, or otherwise, or thai said Franchises or privileges termi- nate at any time prior to January L, L932 : and the said < Ordi- nance No. 2121, approved May 24, L900, and the said resolu- tion, approved May 29, L900, and each of them, be and the hereby are, in consideration of the execution of the acceptances and a herein provided for, in all things repealed, 1588. Said grantee on its part hereby waives any claim that the franchisee and privileges for the conduct of electricity, now or hereafter held bv i1 and described in section 22 of this 58 I ordinance, are perpetual, and agrees that the same, and all thereof, shall cease and terminate on the first day of January, 1589. Said grantee further agrees that, in consideration of said compromise, it will cause the proper officers of said Edi- son Electric Light and Power Company to execute and file with and at the time of the acceptance of this ordinance, an agreement in writing, in form to be approved by the Corpo- ration Attorney, waiving on behalf of said Edison Electric Light anil Power Company, its claim that the franchises and privileges now held by it. and described in section 23 of this ordinance, are of perpetual duration, and agreeing that such franchises and privileges shall cease and terminate on the first day of January. 1932; and will also cause the proper officers of the said St. Croix Power Company to execute and file with and at the time of the acceptance of this ordinance, an agree- ment in writing, in form to be approved by the Corporation • rney. waiving on behalf of said St. Croix Power Company any claim that said franchise or privileges held by it, and ribed in section 23 of this ordinance, are perpetual, and agreeing that the same shall cease and terminate on the first day . >f January, 1932. 1590. The grantee, or any of said other companies herein mentioned, shall not sell, assign, transfer, or in any manner dispose of any of the electric franchise rights or privileges now held by them, or either of them, prior to filing with the city all of the acceptances and agreements by this ordinance required. 1591 - '-•"'■ It is further agreed, in consideration of the franchise hereby granted, that from and after the passage and ptance of this ordinance, and until the termination of the franchise hereby -ranted, the grantee shall from time to time extend any of the electric lines which are now or may be hereafter maintained or operated under any of the said fran- chises for the conduct of electricity, upon any street or por- tion of street in said city, within six months after being or- dered bo to do by the Common Council, and will furnish an ample supply of electricity for lighting purposes to persons 585 residing upon the street or portion of street upon which such extension shall be made at their several residences or build- ings on said street; provided, that the said Common Council shall have no power to require such extensions to be made unless there shall first be presented to the said Council a petition signed by residents upon the street upon which the extension is to be made, whose houses or buildings are respectively equipped throughout for the use of electricity, and in which said petitioners shall respectively agree to be- come users of such electricity; provided, further, that there shall be an average of one of such houses or buildings for every one hundred (100) feet of underground extensions so required to be made, and an average of one of such houses or buildings for every three hundred (300) feet of overhead ex- tensions, exclusive of street crossings. The months of December, January, February, March and April shall not be counted in computing the time within which such extensions must be made. 1592. It is further agreed, in consideration of the franchise hereby granted, that the grantee' shall, from and after the passage and acceptance of this ordinance, and until the termi- nation <>f the franchise hereby granted, extend any of the elec- tric lines now or hereafter operated for the transmission of electricity for power purposes, such lines being known as the power circuit, upon any street or portion <>\ street in said city, and will furnish an ample supply of electricity for power pur- to persons desiring to use the same in their houses or buildings, located upon such streel or portion fc, within six months after being ord< red so to do by the Common Coun- cil; provided, that said Council shall have no power to order su( li extensions for power purposes unle there shall fust be presented to said Council a petition, signed by pei * hos ■ hou es or building an lot at< d upon the streel or por lion of streel upon which the extension is to be made, and who shall in such petition respectivelj i use and pa} for an amount of such power equal to nol less than an av< two-horse power per day, for a period of one year from and after the time when such per on hall be respectively plied with power in consequence of such extension being made; provided, that there shall be one of such petitioners so power to such an amount for an average of one hundred feet of underground extension, and one of petitioners for an average of every three hundred feet crhea.l extension so required to be made, exclusive of igs, provided extensions shall not be ordered for temporary purposes only. 1593. The grantee shall be allowed the same time within which to make such extensions as provided in this section in the case of extensions for furnishing electric light- All such extensions, whether for light or power purposes, shall be subject to all lawful ordinances and regulations of the city now or hereafter in force with relation to the placing of electric wires underground. All such extensions of electric light or power lines, under the direction of the Common Council, as herein provided, shall he deemed to have heen constructed under the provisions of the existing ordinances hereinbefore referred to, subject to the provisions of this ordinance, and the authority to maintain the same shall continue, subject to the provisions hereof, and of said respective ordinances only until the first day of Jan- uary. 19 1594. . 26. In case said grantee shall at any time fail to comply with, or in case of a breach by it of any of the term--, provisions, conditions or limitations contained in and provided for in this ordinance, or the charter of the city, all right- and privileges hereby granted shall forthwith terminate and become forfeited to said city, and in case of any such breach or failure to comply with any of the terms, conditions or limitations hereof, or of said charter of said city, said city shall have the power to declare the termination and forfeiture of all the franchises and privileges hereby granted. 1595. 37. The said grantee, within thirty days after the • and publication of this ordinance, shall file with !ity Clerk its written acceptance thereof, and therein shall agree to abide by, keep and perform all the terms, conditions, litations and provisions thereof, in form to be approved by the Corporation Attorney, and shall within said time file a cer- tified copy of said acceptance with the City Comptroller, and said other companies herein mentioned shall, within the same time, file the acceptances and agreements herein required. 1596. See. 28. This ordinance shall lake effect and be in force from and after its passage, approval, publication and acceptance as hereinbefore provided, and upon compliance by said grantee and said other companies with all conditions precedent thereto, hereinbefore set forth and specified. Ordinance No. 2389. (Approved August 10, 1903. I 1597. An Ordinance granting to the St. Paul Gas Light Company, a corporation, the right to excavate an area upon the south side of East Fifth street, be- tween Olive and John streets. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Permission is hereby given to the St. Paul Gas Light Company to excavate areas on the south side of East Fifth street, between Olive street and John street, for the dis- tance of fifty feet in front of Lot two (2), Block forty seven ( \~, i. Kittson's Addition to St. Paul, and oul from the line of said property for a distance of twelve [12) feet. 1598. Said St. Paul Gas Lighl Com]. any shall proteel said street, and when said areas are excavated to leave the streel in as good condition as it now i^. Said excavation to be made under the supervision of the Cit) Engineer, and in accordance with the ordinam aid city in relation b ations i" ets, and the rules and regulations of the Board of Public W< »rks third' ». See. 2. This ordinance shall take effect and be in force from and after it - publicatii »n. SCANDINAVIAN AMERICAN BANK. Ordinance No. 2390. proved August 10, 1903.) 1599. An Ordinance granting permission to the Scandi- navian American Bank to place and maintain steam boilers in the area way already constructed under the alley in the rear of the Bank of Minnesota building, situate on the southwest corner of Sixth and Jackson streets. The Common Council of the City of St. Paul do ordain as follows : 1. That permission be and is hereby granted to the Scandinavian American Bank, of St. Paul, to place and main- tain steam boilers in the area way already constructed under the alley in the rear of the Bank of Minnesota building, situate on the southwest corner of Sixth and Jackson streets, in said for the purpose of heating said building, the same to be done under the supervision and direction of the Commissioner 'ublic Works, upon obtaining a proper permit therefor. Such permission is granted upon the express condition that said The Scandinavian American Bank shall replace the sur- and roadway of said alley in good and sufficient condi- tion for public travel thereon, and to the satisfaction of said Commissioner of Public Works, and shall save the City of St. Paul harmless from any and all damages, costs and expenses isioned thereby, and upon the further express condition that said boilers shall be removed whenever the Common Council shall order, and, before this ordinance shall take effect, said The Scandinavian American Bank shall file with the Corn- ier of Public Works, as condition to obtaining a permit hereunder, its written acceptance of the terms and conditions hereof, with an agreement to be bound by and fulfill all the requirements of this ordinance, in such form as shall be ap- proved by the Corporation Attorney. Sec. 2. This ordinance shall take effect and be in force rom and after its passage, publication and acceptance, as hereinbefore provided. 589 PATRICK D. SCANNELL AND JACOB H. BOHRER. Ordinance No. 1850. (Approved November 21, 1895.) 1600. An Ordinance granting unto Patrick D. Scannell and Jacob H. Bohrer license and permission to use and occupy a portion of the levee in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. License, permission and authority is hereby given and "ranted unto Patrick D. Scannell and Jacob H. Bohrer to use and occupy, for the full period of five (5) years from and after the date of the passage, approval and publication of this ordinance, all that certain real property and premises situate in the City of St. Paul, Ramsey County, Minnesota, described as follows, to-wit: All that portion of the street and levee in the Sixth ward of the said City of St. Paul, lying easterly of lots numbered one (1), two (2), three (3), four (4) and five (5), of block numbered one (1), of Moriarity's Addition to St. Paul, according to the recorded plat thereof in the office of the register of deeds within and for said County of Ramsey, and included between an extension of the north line of lot numbered one (1), in said block one CI), of said addition, to low water mark of said Mississippi river, and an extension of the south line of said lot numbered five (5), in said block one (1 ). of said addition, to said Mississippi river, according to the plat thereof, together with all structures, improvements and appurtenances thereon and thereto, for the purpose of con- ducting thereon by said licensees the business of dumping, de- positing and flushing into said Mississippi river, by mean grate .and --ewer, all nighl soil and other matter collected by said licensees in said ci1 j 1601. 2. This license and lea • given and granted upon the condition thai the said Patrick D Scannell and Jacob M. Bohrer pay to the said City of St. Paul, as compen- sation and rental for the use of Baid property and premises, and the privileges hereby granted, the Bum of one hundred 590 $100 per annum For and during the period herein- o mentioned, payable annually in advance. 1602. Sec. 3. No rights or privileges acquired under this ordinance shall be assigned or transferred to any person, firm •rporation, without the consent of the common council of said city being firsl obtained. 1603. Sec 1. The grantees herein named shall file with the city clerk of said city their acceptance in writing" of the provisions of this ordinance within ten (10) days from and after its passage and publication, said acceptance to be ap- proved by the corporation attorney of said city. 1604. Sec. 5. This ordinance shall not be considered or rued as in any manner guaranteeing or warranting any of the rights hereby granted, nor the title of any of the lands herein described. 6. This ordinance shall take effect and be in force from and after its publication, and the acceptance thereof by said licensees, as provided for in section four (4) of this ordi- nance. SCHEFFER & WHITE. Ordinance No. 2265. Approved March 6, 1902.) 1605. An Ordinance authorizing Scheffer & White to erect a frame building twenty by thirty feet, upon the east half of Lot 9, Block 3, Rice and Irvine's Ad- dition to the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : 1. That permission and authority are hereby granted I mdlcy Scheffer and Robert White, doing business under the firm name of Scheffer & White, to construct and erect upon the east one-half of Lot 9, Block 3, Rice & Irvine's Addition to the City of St. Paul, a frame building substantially twenty by thirty (30) feet, the structure to be covered with cor- ated iron and the roof to be tarred and graveled, said ructure to be constructed under the superintendence of the 591 Building Inspector of the City of St. Paul, and said Building Inspector is hereby authorized to issue to said Scheffer & "White a proper permit therefor. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. SCHMIDT BREWING CO. Ordinance No. 2535. i Approved October 6, 1905.) 1606. An Ordinance authorizing the construction and maintenance of a railway spur track on Randolph street and Oneida street, in the City of St. Paul, Minnesota, by the Jacob Schmidt Brewing Com- pany. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That authority and permission arc hereby granted to the Jacob Schmidt Brewing Company to construct and maintain a railway spur track on and along Randolph street, from the right of way of the Chicago, St. Paul, Minneapolis & Omaha Railway Company to Drake street, and on < meida street, from Randolph street to the south line of Wesl Seyenth street, as shown by the red lines upon the attached plal or diagram; said spur track to be used for operating freight ears thereon for the purpose of receiving and discharging mer- chandise; said spur railway track to be constructed under the supervisibn and direction of the Commissioner of Public Work.. 1607. Sec. 2. Thai the permission hereby granted Jacob Schmidt Brewing Company is subjeel to the condition thai said company shall furnish the Cit) of St. Paul with a bond with sufficient sureties, to be approved 1>\ the mayor, in the sum of five thousand dollars ($5,000), conditioned t<» indemnify and save harmless the City of St. Paul from all damages, claim-, costs, judgments and • in an} waj arising. oul of the con truction, maintenance, oper- ation or removal of said spur track. Sec. :;. This ordinance ■-hall take effeel ami he in f^rcr from ami after its passage, approval and publication. SCRIBNER-LIBBEY CO. Ordinance No. 2233. I Approved December 11, 1901.) 1608. An Ordinance authorizing Scribner-Libbey Com- pany to erect a frame shed on Lot 10, in Block 55, of Rice & Irvine's Addition. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority are hereby given 1m Scribner-Libbey Company (a corporation organized under the laws of Minnesota), to erect a frame shed upon and across the rear of Lot 10. in Block 55, of Rice and Irvine's Addition t" St. Paul, such shed to be sixty (60) feet in length, sixteen feet in width, and not over twelve (12) feet in height, to have a gravel roof and be constructed under the superintend- ence of the Building Inspector of said city upon obtaining a proper permit therefor. Sec '2. This ordinance shall take effect from and after its passage. THOMAS B. SCOTT. Ordinance No. 1960. (Approved November 10, 1897.) The Common Council of the City of St. Paul do ordain as follows : 1609. Sec. 1. Permission is hereby given and granted unto Thomas B. Scott to construct and maintain a conduit, with i pipes therein, underneath the sidewalk on the northerly side of West Fifth street, in the City of St. Paul, commencing at a point located on the northerly line of West Fifth street and twenty (20) feet westerly from the westerly line of Frank- lin street, and extending southerly into said West Fifth street at right angles with its northerly line a distance of five (5) feet, and thence westerly and parallel with the northerly line a distance of (50) feet, and thence northerly a distance of five (5) feet to a point on the northerly line of West Fifth street, that is. seventy (70) feet westerly of the westerly line 593 of Franklin street, upon his executing and delivering to the city a bond of the sum of five thousand dollars to protect the city from loss in consequence thereof. The construction of said conduit, and all work in connec- tion therewith, shall be done in accordance with the directions of the City Engineer, and under his supervision, and shall be removed whenever the Common Council shall so order. Sec. 2. This ordinance shall take effect and be in force from and after its publication. SHIELDS SORGHUM COMPANY. Ordinance No. 2319. (Approved Oct. 83, 1902.) 1610. An Ordinance granting permission to the Shields Sor- ghum Company to erect and maintain upon the rear of lots 8 and 9, of H. L. Carver's Subdivision of lots 1 and 2, block 53, Rice # Irvine's Addition, a frame structure. The Common Council of the City of St. Paul do ordain as follows : Sec 1. That permission and authority be, and it is here- by given to the Shields Sorghum Company to erect and main- tain a frame building, 10x40, covered with corrugated iron. upon the rear of lots 8 and 9, of II. L. Carver's Subdivision of lot- I and 2, block 53, Rice & Irvine's Addition; the same to be constructed under the direction and supervision of the missioner of Public Works, and said Commissioner of Public Worl officio Building Inspector, is hereb} au thorized and directed t « » issue a proper permit therefor. This ordinance -hall be in force and lake effect from and after it- passage, approval and publication. 59 l KINGSLAND SMITH. Ordinance No. 1578. (Approved Feb. 25, 1892.) 1611. An Ordinance granting unto Kingsland Smith per- mission to use a portion of the levee in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows: Sec. i. That permission and authority is hereby given and granted unto Kingsland Smith to use and occupy, for the full period from the date and passage of this ordinance until Jul}- 1. A. I). 1916, for manufacturing- purposes, viz., manu- facturing flour, and all things necessary and incident thereto, that portion of the levee in the Sixth ward, in the City of St. Paul, described as follows, to-wit: Lots three (3), four i 1 i and rive (5), of block B, in Robertson's Addition to West St. Paul. Provided, that the grantee herein named shall employ in their said business at all times during the term of this franchise a monthly average per year not less than twenty (20) men. This grant is made upon the express condition that the grantee herein named shall pay to the City of St. Paul, as compensation and rental for the privileges hereby granted, the sum of one dollar ($1) per annum for and during the time hereinabove specified, payable annually in advance. 1612. Sec. 2. That permission and authority is hereby given and granted unto the said Kingsland Smith to erect, con- struct and maintain on said lots three (3), four (4) and five a stone or brick-veneered building about sixty (60) feet by ninety (90) feet, and a frame iron-clad elevator, with stone foundation, for use in their said business, three (3) or more of the stories of the said building to be above the grade of the street in front of said lots; which building shall be built under the direction and according to the instructions of the building nspector of said city, upon obtaining a permit so to do, and the payment of the proper fees therefor. 595 Provided, however, that the chimney and smokestack, if any, to be used in the connection with said business shall ex- tend at least seventy-five (75) feet above the grade of the street upon which the said building fronts. And provided, further, that this ordinance shall not be construed as guaranteeing or warranting any of the rights hereby granted. And provided, further, that the grantees herein named shall complete said buildings and have said business in oper- ation within nine (!h months from the passage of this ordi- nance, and that before the expiration of said term, as afore- said, said buildings shall be removed from said above-de- scribed premises by said grantees ; and in case of failure to remove said buildings within said time, the same, or Mich part thereof as may thereafter remain upon said premises, shall become the property of said City of St. Paul 1613. Sec. ■->. Xo rights acquired under this ordinance shall be transferred to any other corporation, company, per son or persons, unless the consent of the common council of said city shall be first obtained, except that said Kingsland Smith may transfer said rights to the Kingsland Smith Mill- ing Company, a corporation about to be Formed by him. said corporation to make no transfer without the consent of said common council. 1614. . 1. Said grantees shall and will forever indent nify am! save harmless the Citj of Si. Paul againsl am and all damages, judgments, claim-, costs ami expenses of same, which it may suffer, or may he recovered or obtained for or againsl -aid citj from or by reason of, or growing oul of, or resulting from tin- passage of this ordinance, or any matter or thing connected therewith, or with the exercise by the -aid grantees of the privileges hen 1>\ granted. 1615. Sec. 5, Ii -aid grantees -hall fad in .mi \ respi comply with tin- provisions of this ordinance, then all the rights and privileges hereby granted -hall he forfeited to City of St. Paul. 1616. Sec. 6. 'Ni' aid grantee hall file with the clerk, within thirty (30) days after the publication of this ordina 596 his written acceptance of the provisions thereof, the same to be approved b) the corporation attorney. Sec. i. This ordinance shall lake effect and be in force t'n.m and after this publication, and the acceptance thereof, as provided in section six (6) of this ordinance. STATE OF MINNESOTA. Ordinance No. 2297. (Approved August 8, 1902.) 1617. An Ordinance granting to the State of Minnesota the right to construct and maintain a tunnel under Cedar street for the purpose of conveying electric currents for light and steam for heating purposes, to the new State Capitol grounds. The Common Council of the City of St. Paul do ordain as f( >llows : 1. That permission and authority is hereby granted to the State of Minnesota to construct and maintain a tunnel under Cedar street, from lot 4, of Valentine's Subdivision "A." to the new Capitol grounds, and to place and maintain in such tunnel the necessary conduits, pipes and wires for the purpose mveying steam and electric currents from its power house. situate on lot 7, of said subdivision, to the new State Capitol, now being constructed under the direction of the Board of State Capitol Commissioners, for the purpose of heating and ighting said buildings, but upon the conditions hereinafter prescribed. 1618. Sec. 2. The top of the tunnel authorized to be con- structed under the preceding section of this ordinance shall not be less than fifteen (15) feet below the surface of Cedar street, and shall be constructed under the direction and super- ntendence of the Commissioner of Public Works of the City Paul, and pursuant to his permit authorizing the same, and shall be so constructed and protected that it shall not dis- rb the surface of the street, and shall not interfere with my sewer, water, gas or other pipes or conduits now in place. 591 1619. Sec. 3. The State of Minnesota shall at all times indemnify and save harmless the City of St. Paul from all damages which it may in any way sustain in consequence of the construction and maintenance of such" tunnel. 1620. Sec. 4. The State of Minnesota, by and through its Board of State Capitol Commissioners, within thirty days after the passage and publication of this ordinance, shall file in the office of the City Clerk its written acceptance thereof, and an agreement upon its part to abide by and keep all of the terms and conditions herein contained, such acceptance to be in such form as shall be approved by the Corporation At- torney. Sec. 5. This ordinance shall take effect and be in force from and after its passage, publication and acceptance, as here- inbefore provided. ST. CROIX LUMBER COMPANY. Ordinance No. 468. (Approved January 7, 1885. 1 1621. An Ordinance granting to the St. Croix Lumber Company the right to improve and occupy a part of the public levee in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as fi ill' iws : I Permission and authority is hereby given and granted for and during five (5) years from Jan. I. L885, unto the St. Croj\ Lumber Company, and its successors and signs, to improve, use and occup) the public landing or l« in the Sixth ward of St. Paul, or so much thereof as it may find necessar) for its business, between the following Hues or boundaries, viz.: Between the west line of Amb's \.ddi tion prolonged into the Mississippi river, and the easl line prolonged into said river, of Dunwell & Spencer's Addition to Wesl St. Paul, Minnesota; and to construe! and use whai and piers on the margin of said river, on and adjai en1 to Baid portion of said levee, and to construct, locate and opei 598 machinery on said portion of said levee, for the purpose of loading and unloading boats and barges of said company at said point. 1622. Sec ".'. The said St. Croix Lumber Company shall at all times defend and save harmless the City of St. Paul from any and all damages, expenses, and suits arising and growing .•ut of the passage of this ordinance. 1623. Sec. 3. The use of said levee, and the machinery ted and operated thereon, as herein authorized, shall not unreasonably obstruct the free use of said levee as a street by the public, and the boat or barge of any person may be loaded or unloaded free of charge at said landing so improved by the said St. Croix Lumber Company, whenever there shall not be any other safe and accessible place elsewhere on the public levee of said city for said boat to land or unload its cargo, and provided such loading and unloading does not in- terfere with the loading and unloading of the boats and barges of said company, intending hereby to give the boats and barges, and there is hereby given the boats and barges of said company, at all times, a preference and prior right at the wharf or pier constructed by said company; provided said company by loading and unloading its boats and barges shall not unreasonably detain or delay any boat or barge entitled under this ordinance to the use of the said pier or wharf con- structed by said company. 1624. I. All plans for building piers and wharves, under this ordinance, shall, before use, be submitted to and approved by the engineer of said city, and this right is granted on the condition that said company shall, within six months after the passage of this ordinance, expend not less than five hundred dollars ($500) in improving the wharf and landing at the point herein specified. 1625. Sec. 5. The City of St. Paul reserves the right, any- thing herein to the contrary notwithstanding, at any time to c^rade and improve, or to permit the United States to grade and improve, in such manner as said city may deem proper, hat portion of the street or levee herein named, and also to permit, on such terms and conditions as it may deem proper. 599 any railroad or railroads to use and occupy said portion of said street or levee herein described. 1626. Sec. 6. Said company shall, within thirty (30) days after the passage of this ordinance, file in the office of the city clerk of St. Paul, over its corporate name and seal, an accept- ance of the terms and conditions of this ordinance. Sec. 7. This ordinance shall take effect and be in force from and after its passage. ST. CROIX LUMBER COMPANY. Ordinance No. 1863. (Approved Feb. 5, 1896.) 1627. An Ordinance granting to the St. Croix Lumber Company permission to use a portion of the levee in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority is hereb) given unto the St. Croix Lumber Company to use and occupy, to the full period from the date of the passage of this ordinance until July 1, 1916, for manufacturing purposes, to wit: For the manufacturing of inside finish and woodwork, such as doors, sash and blinds, and things incident thereto, that por- tion of the levee in the Sixth ward of the Citj of St. Paul, described as follows, to-wit: Lots eight (8), nine (9), ten (10) and eleven (11), of Block twenty (20), of Brooklynd, pi such portion of said lots on the south hue as the city may require in the opening of a streel along the south line of said lots; provided, thai said grantee herein named shall em- ploy in their said business, at all times during the period of this franchise, and any extension thereof, nol less than thirty l'30) men. This granl is made upon th< - condition thai the grantee herein named shall pay to the City of St. Paul compensation and rental for the privileges herebj granted, the sum of one ($1) dollar from and during the time herein e specified, payable annually in advai 600 That permission and authority is hereby n and granted to the said grantee to erect, construct and naintain on said lots one building forty ("40 ) feet in width by indred and twenty (120) feet in length, and two (2) n height, the same to be covered with corrugated And also one engine and boiler room thirty (30) feet a width by forty i 10) feet in length, the same to be covered with corrugated iron. All of the same to be built under the directions and according to the instructions of the Building Inspector of said city upon the proper fee therefor; And Provided, Further, That this ordinance shall not be construed as guaranteeing or warranting any of the rights hereby granted; and provided, further, that the grantees herein named shall complete said buildings and have said - in operation within six months from the passage of this ordinance, and that before the expiration of said term, as aforesaid, or in case said term is extended, said buildings shall be removed from said above-described premises by said grantee, and in case of failure to remove said buildings as herein stated, the same, or such parts thereof as may remain upon said premises, shall become the property of the City of St. Paul. 1629. See. 3. Xo rights acquired under this ordinance shall be transferred to any other corporation, company, per- son or persons, unless the consent of the Common Council of said city shall be first obtained. "It is expressly agreed and understood that all improve- ments and buildings erected or placed upon said real estate, and the interest of said grantee in such real estate for the pur- poses of taxation, and all taxes assessed on account thereof, shall be paid prior to their becoming delinquent." 1630. Sec. I. Said grantee shall and will forever indem- nify and save harmless the said City of St. Paul against any and all damages, claims, costs and expenses of same which it nay suffer, or that may be recovered or obtained from or said city from or by reason of the growing out of or ilting from the passage of this ordinance, or any matter 601 or thing connected therewith, or with the exercise by the said grantee of the privileges hereby granted. Sec. 5. If said grantee shall fail in any respect to comply with the provisions of this ordinance, then all the rights and privileges hereby granted shall be Forfeited to said City of St. Paid. 1631. Sec. 6. If the said grantee herein named desires an extension of the privileges hereby granted for the period of twenty-five (25) years from and after the first day of July, 1916, and shall notify the Common Council of the City of St. Paul to that effect at any time during the sixty days imme- diately preceding the first day of July, 1916, then and in that case the City of St. Paul will extend the rights and privileges hereby granted for the further period of twenty-five (25) years, subject to the same conditions and limitations as in the ordinance specified. 1632. Sec. 7. The said grantee herein shall tile, within thirty days after the publication of this ordinance, its written acceptance of the provisions thereof, the same to he ap- proved by the Corporation Attorney. Sec. 8. This ordinance shall take effect and he in force from and after its publication and acceptance thereof, as hereinbefore provided. ST. PAUL ELECTRIC MANUFACTURING AND CON- STRUCTION COMPANY. Ordinance No. 1672. i Approved April 5, ism:;, i 1633. An Ordinance granting permission to the St. Paul Electric Manufacturing and Construction Com- pany to string its wires upon and along the streets in the City of St. Paul, for the purpose of furnish- ing electric light and power. Tin Common Council of the City of St. Paul do ordain as follows : Sec. I. Thai permission and authority is hereby given and -ranted unto the St. Paul Electric Manufacturine and 602 -•.ruction Compan) to string its wires upon and along the ts in the City of St. Paul, for the purpose of furnishing trie light and power, on such poles already erected, under ordinances or resolutions already in force in said city, giving the right to others to erect and maintain such poles in, along and upon the streets, lanes and alleys of the City of St. Paul. Such wires to be strung and maintained under the direction and supervision of the city engineer of said city. But said company shall have no right to string its wires. upon any poles that shall be hereafter erected within the ts of the City of St. Paul, and said company shall have no authority to establish any new lines under the provisions of this ordinance, but all wires to be strung on said poles shall be so strung as to follow the dines of wires already on said poles. The common council hereby expressly reserves the right to at any time require the removal of any and all such wires from any of said streets, lanes or alleys, or to any other part of said street, lanes or alleys, and to at any time require any or all of the same to be placed underground, in such manner as the common council may direct. Before the said St. Paul Electric Manufacturing and Con- struction Company shall have the right to string wires upon any poles _ erected for that purpose, on any of said streets, lanes or alleys, it shall fully comply with all the provisions in that regard prescribed in the ordinance, or permission au- thorizing the corporation, company or person who erected and owns the same, and that upon compliance with such provi- - the said St. Paul Electric Manufacturing and Construc- tion Company shall have the right to string its wires, and to the same under the terms and conditions herein, and in said other ordinances or resolutions prescribed. The said St. Paul Electric Manufacturing and Construc- tion Company shall, as a condition to the taking effect of this ordinance, give a bond in the sum of five thousand dollars indemnifying said city against any and all damages or injuries arising out of the exercise of the' privilege hereby granted, or in any way arising out of the construction or maintenance of the said lines, said bond to be approved by 603 the common council, and at its own expense comply with such further requirements in -the premises as the common council may hereafter require. The said St. Paul Electric Manufacturing and Construc- tion Company shall, within thirty (30) days after the pas- sage of this ordinance, file with the city clerk a written ac- ceptance of all the conditions hereof, the form of such accept- ance to be approved by the corporation attorney, and unless such acceptance is furnished within the required time, and said lines put in operation within the time aforesaid, then all the provisions hereof are hereby revoked and withdrawn. 1634. Sec. 2. This ordinance shall take effect and be in force from and after its publication and acceptance, as afore- said. SAME. Ordinance No. 1577. (Approved February 25, 1892.) 1635. An Ordinance granting permission to the St. Paul Electric Manufacturing and Construction Com- pany to erect poles and string its wires upon streets in the Sixth ward of the City of St. Paul, for the purpose of furnishing electric light and power. The Common Council of the City of St. Paul do ordain as follows : l. That the St. Paul Electric Manufacturing and Construction Company i- hereby granted permission to ereel pole-, and to string wire- thereon, for electric lighting and the furnishing of power along and upon the public streets in the Sixth ward of the City of St. Paul, Minnesota, upon the termg and conditions herein stated, under the supervision of and subjeel t" the inspection and control of the city engii and upon and under the following conditions and instruct! to-wil : Such poles -hall be thirty five (35) fret in height above tin- ground, and shall nol be less than fourteen i l I i inche in diameter al the bottom and six (6) inches at the top, and Bhall be placed at such depth in the ground as the city engineer (ill I direct to secure their safety; they shall be planed, and shall be painted a dark color for the distance of six (6) feet from the ground, and from that point to the top they shall be ted white; they shall be set at such distances apart from each other and at such places in the streets as may be desig- nated by the city engineer. And in case any other corpora- tion^, companies or persons are now, or shall be, at any time hereafter, permitted by the common council of said city to erect poles or string its wires for the purpose of electric light- ing in said city, or to use the streets of said city for the purpose of electric fighting, and such corporation or corporations, company or companies, person or persons, shall desire to use the poles so erected by said St. Paul Electric Manufacturing and Construction Company, for the purpose of supporting wires for such purpose, such corporation, company or person shall be entitled to do so upon the paying to said St. Paul Electric Manufacturing and Construction Company, or its successors, the proportionate share of the cost of procuring and erecting such poles, to be determined as follows: Upon the erection of poles upon any of said streets, said St. Paul Electric Manufacturing and Construction Company shall immediately report to the city engineer the actual cost of such poles, and the erection thereof, and said city engineer shall ascertain and determine the actual cost of the said poles, and the erection thereof, and certify the amount which he shall find to be correct, and keep a record thereof in his office for public inspection. Upon the first application, as aforesaid, to use the poles so erected, the applicant shall pay to the St. Paul Electric Manufacturing and Construction Company one-half (y 2 ) of said actual cost of said poles, so determined by said city en- gineer ; and in case of a second application, the applicant shall pay one-third (1-3) of such cost, the same to be divided equally between the said St. Paul Electric Manufacturing and Construction Company and the first applicant, and suc- cessive applicants shall pay their proportionate share of said cost in like manner, and the same to be divided proportion- :ely in like manner as above, and ail applicants so paying their proportional share of said cost shall become and be by 605 common consent joint owners with the said St. Paul Electric Manufacturing and Construction Company of said poles, and shall be entitled to use them for the purpose of electric light- ing; And it is conditioned that if any other corporation, com- pany or person shall procure, or has procured like permission from said common council to erect poles in said streets, or any of them, and shall have actually erected its poles on such street or streets, then the permission hereby granted is with- drawn as to such streets, and said St. Paul Electric .Manufac- turing and Construction Company shall he restricted to using such poles already erected, or as may be erected before the St. Paul Electric Manufacturing and Construction Company shall have erected its poles thereon, under like conditions as t herein stated. 1636. Sec. 2. Said St. Paul Electric Manufacturing and Construction Company shall at all times obey such further and additional requirements as the common council of said city shall impose in the premises, and shall, when so required, remove any or all of said poles and wires from off the streets, at its own cost and expense, when so required b) said common council; and also, if so required, place any or all of said wires under ground and remove the poles, at its own expense. And the common council hereby reserves the power to at an) time amend or repeal this ordinance, and nothing herein contained shall be deemed to grant any exclusive rights to the use of said streets for the purpose herein contained. 1637. Sec. :;. The said St. Paul Electric Manufacturing and Construction Company hereby assumes all liabilities thai maj be caused by the erection of such poles and the string ing of wires thereon, and the use of electric light, and shall at all times save tin- City of St. Paid harmless therefrom, and from all damages arising oul of the us,- or exercise of any privileges hereb) granted, and the erection of poles, and the maintenance of wires, along and upon an) of said stre< I . and shall execute and deliver to said city a bond in the penal sum of five thousand doll; 000), saving the cit) harmless in the premisi -. I Vii >r to takin I of this ordinan< e, bond to he lirst approved 1>\ the corporation attorney, and the 606 ation of any of the provisions of this ordinance shall ren- der the same null and void at the election of said common council. 1638. See. !. Said St. Paul Electric Manufacturing and Construction Company shall, within thirty (30) days after the passage and approval of this ordinance, execute and file with the city clerk said bond, and a written acceptance of all the provisions of this ordinance, in form to be approved by the corporation attorney, otherwise this ordinance shall have- no force or effect. Sec. 5. This ordinance shall take effect and be in force from and after its publication and the filing of said bond and acceptance aforesaid. • SAME. Ordinance No. 1558. (Approved December 10, 1891.) 1639. An Ordinance permitting the St. Paul Electric Man- ufacturing and Construction Company to string its wires upon certain streets in the Sixth ward of the City of St. Paul, for the purpose of furnish- ing -electric light and power. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That the St. Paul Electric Manufacturing and Conduction Company is hereby grante'd permission to string its wires for the purpose of furnishing electric light and power, on such poles already erected, or as may hereafter be erected, under ordinances or resolutions already in force in said city, giving the right to others to erect and maintain such poles in and along the following streets, in the Sixth ward of the City of St. Paul, to-wit: On South Wabasha street, from the bridge crossing the Mississippi river to Congress street; on Congress street, from South Wabasha street to Concord street; on Concord street, from Congress street to Page street ; on Fillmore avenue, from South Wabasha street to South Robert street ; such wires to "be strung and maintained under the direction and supervision ■of the city engineer of said city. The common council hereby expressly reserves the right tc at any time require the removal of any and all such wires from any of said streets, or to any other part of said streets, and to at any time require any or all of the same to be placed tinder ground, in such manner as the common council may direct. Before the said St. Paul Electric Manufacturing and Con- struction Company shall have the right to string wires upon any poles erected for that purpose on any of said streets, it shall fully comply with all the provisions in that regard pre- scribed in the ordinance, or permission authorizing tin- cor poration, company or person who erected and owns the same, and that upon compliance with such provisions the said St. Paul Electric Manufacturing and Construction Company shall have the right to string its wires, and to use the same •under the terms and conditions herein, and in said other ordi- nances or resolutions prescribed. The said St. Paul Electric Manufacturing and Construc- tion Company shall, as a condition to the taking effect of this ordinance, give a bond in the sum of five thousand dollars ($5,000), indemnifying said city against any and all damages or injuries arising out of the exercise of the privileges hereby granted, or in any way .arising mil of the construction or main- tenance of the --aid lines and poles, said bond t . . he approved b\ the common council, and at its own expense comply with such further requirements in the premises as the common Council may hereafter require, and shall string said wins and put -aid line- in operation within six ( ii i months from the passage of this , ordinance. The said St. Paul Electric Manufacturing and Construc- tion Company shall, within thirt) (30) days after the passage of this ordinance, file with the city clerk a written acceptance of all the conditions hereof, the form ol uch acceptance to be firsl approved by the corporation attorney, and unless such furnished within the required time, and lines put in operation within the time aforesaid, then all the provisions hereof arc hereby revoked and withdrawn. 608 1640. Sec. •.'. This ordinance shall take effect and be in i from and after its publication and acceptance, as afore- said. ST. PAUL GAS LIGHT COMPANY. 'See. also, §§ 1561-1598 of this compilation.) Ordinance No. 595. i Approved December 5, 1885.) 1641. An Ordinance to authorize the St. Paul Gas Light Company to occupy certain streets for the pur- pose of electric lighting. The Com nidii Council of the City of St. Paul do ordain as fi »11( >ws : Sec. 1. The St. Paul Gaslight Company is hereby au- thorized to erect poles, wires and other needful appliances for electric light on the following streets, to-wit : Hoffman, Maria and Bates avenues, and Commercial, Conway, Cherry, Maple. Plum. Hudson and Euclid streets, in the Fifth ward ; also, Eaton, Fillmore. Fairfield. Indiana. Chicago and Plato avenues, and Stickney, Custer, Hubert, Ducas, Eva, Robert- son, State, Channel and Terrace streets, in the Sixth ward; provided, that all such poles shall be erected under the direc- tion and supervision of the city engineer. Sec. 2. This ordinance shall take effect and be in force from and after its passage. SAME. Ordinance No. 1219. (Approved September 7, 1889.) 1642. An Ordinance to authorize the St. Paul Gas Light Company to erect electric light poles within the city limits of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That authority is hereby granted to the St. Paul Light Company to erect and maintain electric light poles, 609 and to string wires thereon, on the west side of Franklin street, between West Third street and Irvine Park, in said city. Sec. 2. All poles erected under this ordinance shall be planed and painted, and shall be of such size, and shall be placed at such points on the margin of the sidewalks, as shall be designated by the city engineer, and shall be erected, and said wires strung thereon, under the supervision and subject to the inspection and control of said city engineer. Sec. 3. When so ordered by the common council, the St. Paul Gas Light Company shall remove these poles and pnt their wires underground within sixty (60) days from the date of said order. Sec. 4. This ordinance shall be in force from and after its passage. SAME. Article LXXX., Municipal Code 1884. I See, also, §§ 1561-1598, "St. Paul Gas Light Company.") 1643. Sec. L6. That the privilege is hereby granted said St. Paul Gas Light Company to erect such telegraph poles in the streets of the City of St. Paul, at such place or places, and on such streets as nia\ be approved by said common council, ruder the supervision of the city engineer; such poles and win-, or either of them, to be subject to removal to such place or places as the common council may at any time direct, at the cost and expense of said company. The said St. Pan! i Light Company hereby assumes all liabilities thai may be i d by thi in of such poles and the use of said elec trie light, and shall at all times gave the City of St. Paul harmless therefrom, and from all dan wing out th< • and -aid company shall use none bul insulated wires. Noth- ing herein contained shall gn said St. Paul Gas Light Company th< ve privilege of using the electric li.^ht in the City of St. Paul. The riidit tO in any manner amend this ordinance al any time is h< reb) i d. I 610 1644. Sec. L7. That the St. Paul Gas Light Company be and it is hereby permitted to erect poles for stringing wires for electric lighting upon the following named streets in said city, to-wit : Third street. Fort street, Wabasha street, Robert street. Jackson street, Sibley street, Wacouta street, Fifth street., Seventh street, Rosabel street and Broadway, under the supervision of, and subject to the inspection and control of, the city engineer, and upon and under the follow- ing conditions and instructions, to-wit: Such poles shall be thirty-five (35) feet in height above the ground, and shall not be less than ten (10) inches in diameter at the bottom and inches in diameter at the top ; they shall be planed, and shall be painted a dark color for the distance of six (6) feet from the ground, and from that point to the top they shall be painted white. They shall be set one hundred and forty (140) feet apart, except otherwise expressly permitted by the city engineer; and in case any other corporations, companies or persons are now, or shall be at any time here- after, permitted by the common council of said city to erect poles or string its wires for the purpose of electric lighting in said city, or to use the streets of said city for the purpose of electric lighting, and such corporation or corporations, company or companies, person or persons, shall desire to use the poles so erected by said St. Paul Gas Light Company for the purpose of supporting the wires for such purpose, such corporations, companies or persons shall be entitled to do so upon paying to said St. Paul Gas Light Company, or its suc- cessors, the proportionate share of the cost of .procuring and erecting such poles, to be determined as follows: L T pon the erection of poles upon any of said streets, said St. Paul Gas Light Company shall immediately report to the city engineer the actual cost of such poles as erected, and said city engineer shall ascertain and determine the actual cost of said poles so erected, and certify the amount which he shall find to be cor- rect, and keep a record thereof in his office for public inspec- tion. Upon the first application, as aforesaid, to use the poles so erected, the applicant shall pay the St. Paul Gas Light Company one-half of said actual cost of said poles, so deter- ined by said city engineer'; and, in case of a second appli- 611 cation, the applicant shall pay one-third (1-3) of such cost, the same to be divided equally between the St. Paul Gas Light Company and the first applicant; and successive applic; shall pay their proportionate share of such cost, the same to be divided proportionately in like manner: and all applicants so paying their proportionate share of the cost of said poles shall become and be by common consent joint owners with said St. Paul Gas Light Company of said poles, and shall be entitled to use them for the purpose of electric lighting. And it is conditioned that if any other corporations, companies or persons shall procure like permission from said common coun- cil to erect poles on said streets, or any of them, and shall actually erect its poles on any of said streets before said St. Paul Gas Light Company shall have erected its poles on such street, then the permission hereby granted is withdrawn, and said St. Paul Gas Light Company shall be restricted to using such poles then already erected, under like conditions as herein contained; and it is expressly conditioned and pro- vided that in case said St Paul Gas Light Company shall re- fuse to allow any applicant to use its poles upon payment of the proportionate amount therefor, and to sell to said appli cant such proportionate pan >>\ said poles as herein provided, thereupon the right of said St. Paul Gas Lighl Company ■ and maintain its poles upon the streets of said cit) shall ■. and the same shall be forthwith removed from such ts, or any of them, upon and under the order ami direc tion of the common council, and ii is expreslj provided, that the acceptance of this permission bj said Si. Paul Gas Light Company, either 1»> resolution of the board of directors, ■" by acting hereunder in tin- erection of it- poles, shall be an ptance of all the conditions and provisions herein con tained, and it i- further provided, that the rights herebj granted are further subject to all the conditions and require- ments of the ordinance heretofi i e3 allowing said St. Paul ' las I .i'-dit Compan; j tor the erection of poles for the purp electric lighti I Res< 'hit i< mi appri »> ed \ pril G, I 012 Ordinance No. (Approved November 9, 1905.) 1645. \\ hereas, under Ordinance No. 2424, approved Jan. 81, L904, entitled "An Ordinance granting to the St. Paul Gas Light Company certain rights, privileges and authority to occupy and use streets, alleys, lanes, bridges, parks and public -rounds of the City of St. Paul for the purpose of supplying for all purposes, and regulating certain electric franchises, and for the repeal of certain ordinances and resolutions," it was provided, by section 25 thereof that, when ordered so to do by the Common Council, the said St. Paul Gas Light Com- pany would extend any of the lines operated by it under any of the franchises described in said ordinance for the furnish- ing of electric light, upon the condition that there should first be presented to said Council a petition for such extension by persons who would agree to become consumers of electric light along the line of such extensions, and whose houses or buildings were wired and equipped throughout for the use of such electric light; and 1646. Whereas, it is for the public interest that said St. Paul Gas Light Company extend certain of the lines now operated by it under the franchises described in said ordin- ance, throughout certain portions of the Fifth, Seventh, Eighth and Ninth wards of said city, in order to provide the people of those districts with electric light; and 1647. Whereas, said St. Paul Gas Light Company has agreed to waive the requirement of a petition as provided by said section 25, for the extension hereinafter provided, and has signified its willingness to obey an order of the Common Council for the extension of its wires for the transmission of electric current for electric light as hereinafter provided ; 1648. Now, therefore, resolved, that the said St. Paul Gas Light Company is hereby ordered and directed, pursuant to the provisions of said secticm 25, to extend its electric line as follows, to-wit: By erecting poles and stringing wires thereon for the transmission of electricity for electric light in the following streets in the Fifth, Eighth and Ninth wards of said city: 613 On Smith avenue, in the Fifth ward, from Third street to Walnut street; on Walnut street, from Smith avenr, Pleasant avenue; on Mackubin street, in the Eighth ward, from Rondo street to Carroll street, and on the north side of Thirteenth street, in the Ninth ward, from Robert street to Jackson street. By erecting poles and stringing wires thereon for the transmission of electricity for electric light in the following alleys in the Seventh and Eighth wards : In the alleys through the block between Carroll street and Rondo street, in the Eighth ward from Western avenue to Arundel street, and from Mackubin street to Kent street ; in the alleys through the blocks between Summit avenue and Portland avenue, in the Seventh ward, from Lexington avenue to Dunlap street, and "in the alleys through the blocks between Grand avenue and Summit avenue, in the Seventh ward, from Lexington avenue to Dunlap street, thence on Dunlap street to alley between Lincoln and Goodrich avenues. 1649. All of said extensions, poles and wires shall he erect- ed and constructed tinder the direction and supervision "I tin' Commissioner of Public Works, and in all things subject to the provisions of said Ordinance No. 2424, and. of all Other lawful ordinances and resolutions of the Citj <>t~ St. Paul. 1650. All said extensions shall he fully completed and in operation wit Inn six (6) months after the passage of this reso lution, provided that the months of December, January, Feb- ruary, March ami April shall n"i he counted in computing the time within which such extension -hall he made, and pro- vided further, that said companj shall nol be held respon- sible for any delay in placing any portion of such extensions in operation, which is dm- to inabilit) to obtain the necessary righl of way over private propertj upon reasonable terms, where such right of way is n< in order to conned any pan of such 'tis with any other portions of the tem herein ordered. 1651. All poles shall he sel in such location in said stn and alleys a- tin- Commissioner of Public Works shall d< nate, and shall be of such heighl and character a- he shall <;i i iate and approve, and any and all of such poles shall be taken down and removed, and said wires placed under ground, whenever the Common Council shall deem that the public in- requires, and when it shall so order. ST. PAUL HOOP MANUFACTURING COMPANY. Ordinance No. 1594. (Approved May 12. 1802.) 1652. An Ordinance granting unto the St. Paul Hoop Manufacturing Company permission to use a por- tion of the levee in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority is hereby given and granted unto the St. Paul Hoop Manufacturing Company to use and occupy for the full period from the date of the pass- age of this ordinance until July 1, 1916, for the manufacturing purposes, viz.," manufacturing w r ooden hoops, cooperage stock and general cooperage, and all things necessary and incident thereto, that portion of the levee in the Sixth ward of the City of St. Paul, described as follows, to-wit: Lots three (3), four Mi. five i")). and six (6), of block one hundred and eighty-three (183), in Robertson's addition to West St. Paul, except the northerly ten (10) feet thereof. Provided, that the grantees herein named shall employ in their said business, at all times during the term of this franchise, a monthly average per year not less than twenty- five ( 25 i men. This grant is made upon the express condition that the grantees herein named shall pay to the City of St. Paul, as compensation and rental for the privileges hereby granted, the sum of one dollar ($1) per annum for and during the time hereinabove specified, payable annually in advance. 2. That permission and authority is hereby ven and granted unto the said the St. Paul Hoop Manufac- ring Company to erect, construct and maintain on said lots 615 three (3), four (4) and five (5) and six (6), block one hundred and eighty-three (183), in Robertson's addition to West St. Paul, a stone or brick veneered building sixty (60) by one hundred (100) feet, and not less than two (2) stories high, which building shall be built under the directions and accord- ing to the instructions of the building inspector of said city, upon obtaining a permit so to do, and of the payment of the proper fee therefor. And provided further, that this ordinance shall not be construed as guaranteeing or warranting am of the rights hereby granted. And provided further, that grantees herein named shall complete the building and have said business in operation by Jan. 1, 1894, and that before the expiration of said term as aforesaid said building shall be removed from said above de- scribed premises by said grantee; and in case of failure to re- move said building within said time, the same, or such parts thereof as may hereafter remain on said premises, shall be- come the property of said City of St. Paul. (As amended by Ord. 1679, May 2, 1893, § 1.) 1654. Sec. '■'>. No rights acquired under this ordinance shall be transferred to any other corporation, company, per* son or persons, unless the consent of the common council of said \ reason of the growing oul of or resulting from the p of this ordinance, or any matter or thing connected therewith, or with the exercise by sai'l grantee of the privileges hereby granted. 1656. Sec. 5. It -aiix (6) of this ordinance. ST. PAUL LIME AND CEMENT CO. (W. D. Stewart and John F. Pearce.) Ordinance No. 2237. (Approved December 20, 1901.) 1658. An Ordinance granting unto W. D. Stewart and John F. Pearce, doing business as the St. Paul Lime & Cement Company, permission to erect a corrugated iron building on Lot 13, of Subdivision of Lot 1, Block 31, St. Paul Proper. The Common Council of the City of St. Paul do ordain as follows : 1. That permission be and it is hereby granted unto. W. I). Stewart and John F. Pearce, doing business as The St. Paul Lime & Cement Company, to construct and erect a corrugated iron building sixty (60) feet by thirty-five (35) feet, with a gravel roof, upon Lot 13, of Subdivision of Lot 1, St. Paul Proper, same being situated at the north- rner of Second and Jackson streets, said building to be used for storage of building material not of an inflammable nature. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. 617 ST. PAUL ROOFING AND CORNICE COMPANY. Ordinance No. 1678. (Approved May 4, 1893.) 1659. An Ordinance consenting to the transfer and assign- ment to the St. Paul Roofing and Cornice Com- pany, by L. T. Lefebvre and R. S. Deslauriers, co- partners as Lefebvre & Deslauriers, of the rights and privileges granted to them by Ordinance No. 1531. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Whereas, by ordinance number fifteen hundred and thirty-one (1531), approved Aug. 27, 1891, the common council did grant to Lefebvre & Deslauriers permission and authority to use and occupy for manufacturing purposes, for the period of twenty-five (25) years, from July 1, 1891, in the line of business in which they were engaged, to-wit, manufac- turing cornice and sheet metal articles, that portion of the levee in the Sixth ward of the City of St. Paul, described as follows: Lots one (1), two (2), three (3) and four ( I ) of block A of Robertson's addition to Wes1 St. Paul, subject to the provisions of said ordinance. And, whereaSj they have caused to be formed a corpora tiop, under the provisions of the laws of the State of Minne sota, known as "The St. Paul Roofing and Cornice Company," which is tu succeed to and carry on the manufacturing busi- ness formerly carried on by them in the Sixth ward of the City of St. Paul, and they desire t.. transfer and assign to said corporation all the rights acquired In them under said ordi nance. Permission and authority is hereby granted to tin- said Lefebvre & Deslauriers to assign and transfer to the 3aid poratioh, the St. Paul Roofing and Cornice Company, all the rights and privileges granted to and acquired 1>\ them b) ordinance number fifteen hundred and thirt) one (1531), and the common council does hereb) consent to such transfer and •ninent, subject, however, to the compliance by said St. Paul Roofing and Cornice Company from the time this ordi 618 nance shall go into effect, with the terms, conditions and pro- ns of said ordinance number fifteen hundred and thirty- one (1531), to be by the said Lefebvre & Deslauriers com- plied with, and subject to all the rights reserved to the City • Paul b) the provisions of said ordinance. 1660. Sec. 2. That said St. Paul Roofing and Cornice •any shall tde with the city clerk, within thirty (30) days after the publication of this ordinance, its written accept- ance of the provisions hereof, the same to be first approved by the corporation attorney. Sec '■'>. This ordinance will take effect and be in force from and after the publication, and the acceptance thereof as provided in section two (?) of this ordinance. ST. PAUL ROOFING, CORNICE AND ORNAMENT COMPANY. Ordinance No. 1760. (Approved May 21, 1894.) 1661. An Ordinance consenting to the transfer and assign- ment to St. Paul Roofing, Cornice and Ornament Company of the rights and privileges granted to Le Febvre & Des Lauriers, by Ordinance No. 1531, and by them assigned to St. Paul Roofing and Cor- nice Company, pursuant to Ordinance No. 1678. The Common Council of the City of St. Paul do ordain as follows : 1. Whereas, by ordinance number fifteen hundred and thirty-one (1531), approved August 27, 1891, the common council did grant to Le Febvre & Des Lauriers permission and authority to use and occupy for manufacturing purposes for the period of twenty-five (25) years from July 1, 1891, in the line of business in which they were then engaged, -to- wit: Manufacturing cornice and sheet metal articles, that portion of the levee in the Sixth ward of the City of St. Paul, described as follows: Lots one (1), two (2), three (3) and four (4), of block A of Robertson's addition to West St. Paul, subject t< the provisions of said ordinance; 619 1662. And whereas, by ordinance number sixteen hundred and seventy-eight (1678), permission was granted by the common council to the said Le Febvre & Des Lauriers to as- sign tp the St. Paul Roofing and Cornice Company the rights and privileges granted to them by said ordinance number tit- teen hundred and thirty-one (1531), and they did so assign the same, subject to the compliance by the said St. Paul Roof- ing and Cornice Company with the terms, conditions and pro- visions of said ordinance number fifteen hundred and thirty- one (1531) by them to be complied with; And whereas, said St. Paul Roofing and Cornice Company became insolvent, and on the nineteenth day of February, 1801, made a general assignment of all its property for the benefit of its creditors to Joseph Haag, and he sold and as- signed to C. W. Hackett all his rights, title and interest as such 'assignee in and to all said rights and privileges; 1663. And whereas, the provisions of said ordinance num- ber fifteen hundred and thirty-one (1531), have up to this time been fully complied with, and a corporation has been formed, under the provisions of the laws of the State of Minnesota, known as the St. Paul Roofing. Cornice and < >rnamen| Com- pany, which is to succeed and to carry on the manufacturing business formerly carried on by the said Le Febvre & Des Lauriers, and afterwards by their successor, the St. Paul Roof ing and Cornice Company, in the Sixth ward of the Cit) of St. Paul, and this eorjiorati.ni desires to acquire, and the said C. \\ . Ilaekeit desires to transfer and assign to this corpora- tion all the rights and privileges which were granted 1>\ said ordinance number fifteen hundred and thirl \ one I l"' :; 1 I : 1664. Permission and authoritj is hereby granted to tin- said C. \V. Hackett, the said St. Paul Roofing and Coi Company, and the said Joseph Haag, its assignee, to a and transfer to the said corporation, the St. Paul Roofing, Cor nice and Ornamenl Company, all the rights and privili granted to and acquired 1>\ the said LeFebvn & D< Lat by said ordinance numbei fifteen hundred and thirt) one ( 1531 i. and the common council does hereb} consenl to transfer and assignment of said rights and pri 620 however, to the compliance by said St. Paul Roofing, Cornice and Ornament Company, from the time this ordinance shall go into effect, with the terms, conditions and provisions ordinance number fifteen hundred and thirty-one I 1531 i. to be by the said LeFebvre & DesLauriers complied with, and subject to all the rights reserved to the City of St. Paul by the provisions of said ordinance. 1665. Sec. 2. That said St. Paul Roofing, Cornice and Or- nament Company shall file with the city clerk within thirty (30) days after the publication of this ordinance its written acceptance of the provisions hereof, the same to be first ap- proved by the corporation attorney. See. •">. This ordinance shall take eft'ect and be in force from ami after its publication, and the acceptance thereof as provided in section two (2) of this ordinance. ST. PAUL SASH, DOOR AND LUMBER COMPANY. Ordinance No. 2449. (Approved June 11, 1904.) 1666. An Ordinance authorizing the St. Paul Sash, Door and Lumber Company to construct and maintain a railway spur track across Arundel street. The Common Council of the City of St. Paul do ordain as follows : 1. That authority and permission is hereby granted to the St. Paul Sash, Door and Lumber Company to con- struct, maintain and operate a railway spur track across Arundel street at a point one hundred fifty-five feet north of the center line of Minnehaha street, as shown by the red lines upon the blue print and diagram hereto attached. 1667. See. 2. Said spur tracks shall be constructed under the direction and supervision of the Commissioner of Public Works of the City of St. Paul, and the St. Paul Sash, Door and Lumber Company shall, before proceeding with the work of constructing said spur track across said street, file with the Commissioner of Public Works a bond in the sum of Five Thousand Dollars ($5,000), with good and sufficient sureties 6-21 to be approved by the Mayor of said city, indemnifying and saving harmless the City of St. Paul from any and all dam- ages which may arise by virtue of the construction and main- tenance of said spur track across said street. 1668. Sec. 3. That the authority and permission granted by this ordinance is subject at any time to revocation by the Common Council of the City of St. Paul. Sec. 4. This ordinance shall take effect and be in force from and after its passage, approval and publication. ST. PAUL SHOWCASE MANUFACTURING COM- PANY. Ordinance No. 1597. (Approved May L9, 1892.) 1669. An Ordinance granting unto the St. Paul Showcase Manufacturing Company permission to use a por- tion of the levee in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. l. That permission and authority is hereby given and granted unto W. H. Cook and frank Van Duviir. doing business under the firm name and style of the St Paul Slow- Manufacturing Company, to use and occupy for manufac- turing purposes, in the line of business in which said company is now engaged, to-wi1 : Show cases, store and office 1 fixtures, until the firsl day of July, A. D. L916, that portion of the levee in the Sixth ward in the Cit) of St. Paul, described a- follows, Lots "iic an. I two i •.' i. block one hundred and eighty- three I 183), of Robertson's addition t<- West St. Paul, except the northerly ten (10) feet thereof. Provided further, that tin- grantee herein named shall em- plo) in their -aid business at all time- during the term of franchise nol less than fifteen (15) men. This grant is made upon Hi, expres condition that the grantee herein named shall pa) tO the -aid City of St. Paul, a- compensation and rental for the privileges hereb) granted, the jum of one dollar 622 per annum, for and during the time hereinabove speci- fied, payable annually in advance. 1670. Sec. '■.'. That permission and authority is hereby ■1 and granted unto the St. Paul Showcase Manufacturing Company to erect, construct, and maintain on said hereby ted premises a two and one-half story building", to be brick-veneered, with stone basement, to be forty (40) feet in width by one hundred i 100) feet in length, with the necessary outbuildings for the carrying on of said business, all of which shall be brick veneered, the outside of said buildings to be fire-proof. All of which building shall be built under the di- rection and according to the 'instructions of the inspector of buildings of said city, upon obtaining permits so to do, and the payment of the proper fees therefor; provided, however, that the chimney and smokestack to be used in connection with said business shall extend at least twenty-five (25) feet above the grade of the Wabasha street bridge; and provided further, that this ordinance shall not be construed as guaran- teeing or warranting any of the rights hereby granted; and provided further, the grantees herein named shall complete said building and have said business in operation by Oct. 1 T 1892; and that before the expiration of this ordinance all said buildings shall be removed from off said above-described premises by said grantees, and in case of failure to remove said buildings within said time the same or such part thereof as may thereafter remain shall become the property of said City of St. Paul. 1671. Sec. ::. No rights acquired under this ordinance shall be transferred to any other person, company or corpora- tion, unless the consent of the common council shall be first obtained. 1672. Sec. 4. The grantees shall and will forever indem- nify and save harmless the said City of St. Paul against all damage-, judgments, claims, costs and expenses of same which nay suffer or that may be recovered or obtained from or linst said city for or by reason of the granting of the said privileges. o r for or by reason of the growing out of or result- g from the passage of this ordinance, or any matter or thine 623 connected therewith, or with the exercise by the said grantees of the privileges herein granted. 1673. Sec. 5. If said grantees shall fail in any respect to comply with the provisions of this ordinance, then all rights and privileges hereby granted shall be forfeited to said City of St. Paid. 1674. Sec. 6. The said grantees shall hie with the city clerk of said city, within thirty (30) days after the publication of this ordinance, their written acceptance of the provisions thereof, the same to be approved by the corporation attorney. Sec. ?. This ordinance shall take effect and be in force from and after its publication. SAME. Ordinance No. 2085. (Approved December 6, 1899.) 1675. An Ordinance to amend Ordinance No. 1597, en- titled "An Ordinance granting unto the St. Paul Showcase Manufacturing Company permission to use a portion of the levee in the Sixth ward of the City of St. Paul," approved May 19, 1892. The Common Council of the City of St. Paul do ordai follows : 1. That section one of Ordinance No. 1597, of t lie General Ordinances of the City of St. Paul, entitled "An Or dinance granting unto the St. Paul Showcase Manufacturing Compan) permission to use a portion of the levee in the Sixth ward of the City of St. Paul," be and the same is hereby amended by inserting therein, after the words "Lota one ■ I) and two (2)" the words "and the easl half of lot thre< Sec. 2. This ordinance shall take effeel and be in force from and after its passage, approval and publication. 624 SAME. Ordinance No. 2420. (Approved January 11, 1904.) 1676. An Ordinance accepting the proposition of Frank Van Duyne to purchase the interest of the city in lots numbered One (1) and Two (2), in block num- bered One Hundred and Eighty-three (183), of Robertson's Addition to West St. Paul, for Four Hundred Dollars, and directing the proper city offi- cers to execute a conveyance of the interest of the city in said land. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. The proposition of Frank Van Duyne made to the City of St. Paul to purchase from said City of St. Paul all right, title, estate, lien or interest of said City of St. Paul in and to said lots numbered One (1) and Two (2), in block numbered one hundred and eighty-three (183), of Robert- son's Addition to West St. Paul, for the sum of Four Hun- dred ($400) dollars, is hereby accepted. 1677. See. 2. Upon payment of said sum of Four Hun- dred (400) dollars by said Frank Van Duyne, the proper city officers are hereby authorized and directed to execute and de- liver to said Frank Van Duyne a good and sufficient convey- ance for all the right, title, estate, lien and interest of the City of St. Paul in and to lots numbered One (1) and Two (2), in block numbered % One hundred and eighty-three (183), of Rob- ert -on "> Addition to West St. Paul, according to the plat •thereof on file and of record in the office of the Register of Deed- in and for the County of Ramsey and State of Minne- sota, and said officers are authorized to affix the corporate seal of the city of St. Paul to said instrument. Sec. 3. This ordinance shall take effect and be in force from and after its publication. 625 ST. PAUL WAREHOUSE AND ELEVATOR COMPANY. From Article LXXV., Municipal Code 1884. (March 3, 1874.) 1678. Sec. 1. There is hereby granted to Win. Dawson, Girart Hewitt, Robert P. Lewis, Charles Ethridge, W. S. Timmerman, D. W. Ingersoll and Charles Scheffer, together with such other persons as shall hereafter become associated with them, and to their heirs, executors and assigns, permis- sion or authority and consent of the common council of the City of St. Paul, to lay a single line of railway track, with such number of switches, turnouts, and sidetracks as may be neces- sary, from the west side of Wabasha street ; thence along the public levee to the intersection of Spring street with the levee ; then along and through Spring street to Chestnut street ; and to operate and use such track, switches, turnouts and side tracks, with locomotives and cars, in the receiving and ship- ping of grain and such other business as may be necessary and incidental thereto; provided, however, that if any other person or persons, corporation or corporations, shall hereafter desire to erect other warehouse or warehouses, elevator or ele- vators, at any point along said Spring street, they shall he al- lowed to lay down other tracks, switches or turnouts, and to use the aforesaid track or tracks on such reasonable terms as may be agreed upon, so as to give free access for shipping purposes as aforesaid to all parties. 1679. vSec. \!. The said parties, their successors and as- signs, shall keep said Spring street as free as possible from freighl trains or cars, as may be consistent with their busin and no trains, locomotives or car- shall be allowed or permit- ted to unreasonably obstruct any street crossing, and the said parties, their successors, assigns, officers, agents and em ployes shall be subjed to all police regulations under the law 3 and ordinances of said city, and 3uch other ordinal ul.it- ing railroads within the city now in force, or which in.iv ' after be adopted by the common council. 1680. Sec. '■'<■ The said parties, theii and as- signs, are hereby authorized and empowered to era I and build 626 e and across the public levee a bridge, track or passage way From the elevator or warehouse of said parties, their suc- ind assigns, to be erected upon the line of their said railway to the Mississippi river, to facilitate and cheapen the shipping of -rain from said warehouse or elevators by water, the same to be so erected as not to interfere with public travel ■ >r convenience. 1681. Sec. I. The said parties, their successors and as- 5, arc hereby authorized and empowered so to improve St. Peter street, south of Third street, as to make it available to" travel with trains to and from any elevator or warehouse v hich said parties, their successors and assigns, may erect at or near said street; provided, however, that the right given to such parties, their successors and assigns, by this section, to improve and use St. Peter street, south of Third street, shall not in any manner interfere with the right and authority of the common .council or board of public works to grade and open said St. Peter street south of Third to public use and travel at any time after a period of ten (TO) years. 1682. Sec. a 5. If said parties, their associates and assigns, shall hereafter be incorporated, or acquire corporate or char- tered rights, under or by virtue of any general laws, with a view to exercise and enjoyment thereunder of the rights and privileges hereby granted and conferred, all the said rights and privileges shall extend to and vest in such corporation, upon the terms and conditions herein prescribed. And when such parties shall be so incorporated, or shall obtain such cor- porate or chartered rights, such corporation shall have and en- joy in it- corporate name and capacity, all the rights and privileges hereby granted, as the successors of such parties, without further action of the common council. 1683. 6. If said parties, their successors and assigns, shall neglect or refuse to erect and complete, ready for use, on the line of the railway track granted by this ordinance, within one i 1 | year, at least one ( 1 ) warehouse or elevator. the receiving, storing and shipping of grain, or at any time titer the erection of any warehouse or elevator on the line of railroad track, shall remove or abandon the use of the 627 same, for receiving, storing and shipping grain, or shall as- sign or attempt to assign, the rights and privileges granted by this ordinance, to any railroad company or corporation, or for any other uses than those granted by this ordinance, with- out the consent of the common council, then, and in that event, all the rights and privileges granted by this ordinance shall cease, and said ordinance shall be void and of no effect. ST. PAUL WHITE LEAD AND OIL COMPANY. Ordinance No. 1486. (Approved April 9, 1891.) 1684. An Ordinance amending Ordinance No. 1483, en- titled "An ordinance granting unto J. A. Willard, G. F. Piper, E. S. Warner and G. W. Baker, part- ners, trading as the St. Paul White Lead and Oil Company, permission to use a portion of the levee in the Sixth ward of the City of St. Paul," ap- proved March 4, 1891. The Common Council of the City of St. Paul do ordain as follows: 1. That permission and authority is hereby given and -ranted unto J. A. Willard and ('.. \\ . Baker, partners trading a^ the St. Paul White Lead and ( >il Company, and un- to their heirs, executors, administrators and assigns to use and occupy for the full period of twenty-five (25) years from the dan- of the approval of the ordinance to which this is an amendment, for manufacturing purposes in the line of busi- in which said compan) is now engaged, manufacturing all kind- of materials used in painting and varnishing, thai portion of the levee and real estate in the Sixth ward of the City of St. Paul, State of Minnesota, described as follows, to« wit: A piece of land in block four i li. I'.a/ille & Robert's addition to Wesl St. Paul, and described and contained within the following metes and bound-, t" wit : Bounded on the west side by the easl \'\ur of Starkey i, produced to the Mississippi river; bounded on the north side by the Mississippi river, at a distance nol exceeding one hundred (100) feel north of the north line of block four | t), . Idition, as platted; upon the cast side by a line running northerly direction from the northwesterly corner of lot n (7), through the northwesterly corner of lot one (1), of block four (4) of Bazille and Robert's addition to West St. Paul, to the said river, and hounded on the south side by a hue - 60) feet north of and parallel with the south line of the levee as shown on map now in the city engineer's office; provided that the City of St. Paul reserves the right to grant •iy time to any person, firm, company or corporation the construct and operate a steam or any other railway across the north one-third of said land hereby granted and leased : and. provided further, that the grantees herein named shall employ in their said business at air times during the time of this franchise not less than twenty-five (25) men. 1685. This grant is made upon the express condition that the grantees herein named shall pay to the City of St. Paul, a^ compensation and rental for the privileges hereby granted, the sum of one dollar (SI) per annum for and during the time hereinbefore specified, payable annually in advance, and upon the further condition that all buildings erected upon said land subsequent to Feb. 1, 1895, shall be deemed personalty for the purpose of taxation, and said grantees, their heirs, ex- ecutors, administrators and assigns, shall pay said taxes so levied, and if said taxes are not paid prior to the date fixed for die sale of said personalty for said taxes all rights under this ordinance shall be forfeited; provided, further, that it is under- 1 that the City of St. Paul shall not be considered as giv- ing a warranty, and does not in any manner warrant the title aid property or any part thereof, and shall not be liable in any action or proceeding for any failure of title or any other matter or claim in connection with said land. (As amended by Ord. No. 1807, approved March 19, 1895, §1.) 1686. Sec. 2. That permission and authority is hereby given and granted unto said J. A. Willard, E. S. Warner and G. W. Raker, partners trading as the St. Paul White Lead and Oil Company, and unto their executors, administrators and assigns, to erect, construct and maintain on said hereby granted premises a four-story brick building, with stone base- 629 ment, to be sixty (60) feet in width by one hundred and twenty-five (125) feet in length; also one (1) one-story frame warehouse thirty-five (35) feet long- and fifty (50) feet wide, and a one-story frame building sixteen (16) feet wide and twenty-four (24) feet long; all of which buildings shall be built under the direction and according to the instructions of the inspector of buildings of said city, upon obtaining permits so to do and the payment of the proper fees therefor; pro- vided, however, that the chimney and smokestack to be used in connection with said business shall extend at least twenty- five (25) feet above the grade of Wabasha street bridge ; and provided further, that this ordinance shall not be construed as guaranteeing or warranting any of the rights hereby granted; and provided further that the grantees herein named shall complete said buildings and have said business in opera- tion by Nov. 1, 1891, and that before the expiration of said term of twenty-five (25) years all said buildings shall be re- moved from the above-described premises by said grantees. and in case of failure to remove said buildings within said time, the same, or such part thereof as may thereafter remain, shall become the property of the said City of St. Paul. 1687. See. 3. That if said J. A. Willard and G. \\ . Baker, their heirs or assigns, together with any other person or per- sons, should at any time organize and incorporate their said business into a corporation all- the rights herein granted and acquired may pass to said corporation withoul an\ further act of said eiu ; and thai if any one or more of --aid gran should die at any time during the continuance of this li or should ret i re From saiil linn, or any other person "i" persons should be taken into said copartnership, all the rights herein granted may pass to and be and become the rights and prop eriy of said survivor or survivors or remaining membei of said firm tituted after taking in an} laid new member or members withoul any further acl - city. i \s amended by ' >rd. 1807, Man h 19, i 1688. See. I. Said grantees shall and will forever indem nify and save harmless the said City of St. Paul againsl any and all damages, judgments, claims, costs and ol same, which it mav suffer Or that ma\ b( or ob 630 1 from or againsl said city for or by reason of the graijt- g of such privileges, or for or by reason of the growing out of or resulting from the passage of this ordinance or any mat- hing connected therewith, or with the exercise by the said grantees ^i the privileges hereby granted. 1689. Sec. 5. If said grantees, their heirs, executors, ad- ministrators or assigns, shall fail in any respect to comply with the provisions of this ordinance, then all rights and priv- - hereby granted shall be forfeited to said City of St. Paul. 1690. See. 6. The said grantees shall file with the city clerk, within thirty (30) days after the publication of this ordinance, their written acceptance of the provisions thereof, the same to be first approved by the corporation attorney of •-aid city. 1691. Sec. 2. All ordinances and parts of ordinances here- tofore passed inconsistent with this ordinance are hereby re- pealed. Sec. 3. This ordinance shall take effect and be in force from and after its publication and acceptance thereof as pro- vided in section six (6) of this ordinance. TABITHA SOCIETY. Ordinance No. 1897. (Approved December 2, 1896.) 1692. An Ordinance authorizing the Tabitha Society of the State of Minnesota to run a pipe across East Ninth street for the purpose of conducting steam. The Common Council of the City of St. Paul do ordain as fi rtlows : Sec. 1. mat authority and permission be and the same are hereby given to the Tabitha Society of the State of Min- nesota to excavate across and under the surface of East Ninth t. from the building on lot 5, block 1, Hoyt's Addition, to the building on lot 2, block 2, Hoyt's Addition, and to lay cross and underneath the surface of said street, between said ildings, a pipe for the purpose of conducting steam. All 631 work shall be under the supervision and to the satisfaction of the City Engineer of the City of St. Paul. Provided, however, that said Tabitha Society of the State of Minnesota shall exe- cute and deliver to the city a bond in such sum and upon such conditions as shall be approved by the Corporation Attorney before such excavation is made. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication. TWIN CITY FENCE AND WIRE WORKS. Ordinance No. 2283. (Approved May L2, L902.) 1693. An Ordinance authorizing the Twin City Fence and Wire Works to erect a frame addition to their fac- tory upon lot 5, block 4, Bazille and Roberts' Ad- dition to the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority are hereby given to the Twin City Fence and Wire Works to erect a frame addition to their factory upon lot 5, block 1. Bazille & Rob- erts' Addition to the City of St. Paul, such frame addition 1" be approximately twenty-five feet in width and eight) feet in length and to be constructed under the superintendence ■ ■ t the Building Inspector of said City, and said Building tnspec- tor is hereby authorized to issue to said Twin City Pence and Wire Works a proper permit therefor. 2. This ordinance shall lake effecl and lie in I from and after it^ passage, approval and publication. als< 'J J. 1 tanner. I 632 UNION MANUFACTURING COMPANY. Ordinance No. 2272. Approved April 7, 1902.) 1694. An Ordinance granting to Fred B. Brace, George H. Shellenberger and Fred C. Genge the right to use certain of the streets and alleys of the City of St. Paul for the purpose of transmitting electric cur- rents for furnishing light and power. The Common Council of the City of St. Paul do ordain as follows: Sec. 1. That there is hereby granted to Fred B. Brace, George II. Shellenberger and Fred C. Genge, their successors and assigns, subject, however, to all the agreements, limita- t i < > n > ami conditions hereinafter contained, for the period of twenty-five (25) years from the date of the acceptance of this ordinance as hereinafter provided, the right to enter upon, use and occupy for the purpose of transmitting and carrying elec- tric currents therein, for furnishing" light and power, the streets and alleys included in that part of the City of St. Paul lying west of the center line of Lexington avenue; and to erect pole- in such streets and alleys and to string wdres thereon and to maintain and operate the same for c'onducting electric currents for furnishing light and power. Also con- duct and maintain under such streets and alleys an under- ground conduit system of wires for conducting and trans- mitting electric currents for furnishing light and power, but the grant or authority hereby conferred shall not be construed as a grant of an exclusive right or privilege, but no poles or overhead wires shall be placed or maintained in said Lexing- ton avenue. 1695. Sec. 2. The grantees herein, their successors and !i-. within the period of one (1) year after the date of their acceptance of this ordinance as herein provided, shall enter upon the construction of the necessary plant and equip- ment for putting in operation a system for supplying electric light and power to the City of St. Paul and its inhabitants within the district hereinabove prescribed, and within two (2) irom the date of this acceptance of this ordinance shall have in successful operation a proper plant, including- the nec- essary equipment for the furnishing of electric light and power, and shall actually enter upon the business of supply- ing electric light and power within said district, and as said system is put in and extended there shall be constructed and put in, in connection therewith, the necessar) leads and con- nections to and throughout all lamp posts and masts which shall then and thereafter be erected or located by the City of St. Paul in any or all of said streets for the purpose of street lighting, and whenever required by said city, said grantees shall put in the necessary lamps, globes and connections there- for, and shall light the various streets and public grounds upon which it shall have extended its wires to such extent and in the manner directed by said city, and when required shall furnish and put in the necessary wiring and connections with the various buildings along the line of the -streets .so occupied by it and furnish and provide proper and suitable light there- for. The light so required to be furnished said cit\ and its inhabitants to be furnished at a just and reasonable price to be charged therefor, not exceeding the maximum rates there for, to be fixed and established as hereinafter provided. 1696. See. •'!. The grantees herein, their successors ami assigns, at any time after the expiration of four i I i years from the date of the acceptance of this ordinance, ma} be re quired, by direction of the Common Council of said city, to extend it- poles or conduil system for the furnishing of lighl and power along such streets and alleys within said district as the Common Council may direct, and said grantees, within the period oi 6) month- after receiving such directions shall construcl the necessary pole lines and underground tem as the Common Council may determine, and thereafter maintain and operate the same in the street-, and alleys 5p tied in said direction, throughout the period covered by this -rant, subject to tin- terms and conditions hereof, provided, however, that not more than one mile of pole line or more than one-half mile of conduil shall be ordered 01 required to be ci instructed in any i >nr \ ear. 1697. Sec. i. The Common Council ■■ the right at any time after five years from tin | of thi ordinance to 63 ! an} pole or overhead wires authorized to be constructed under the provisions of this ordinance, to be placed under- ground in a system of underground conduits, and reserves the right to order any overhead wires and the poles supporting the same, to be removed from one street to another, and re- serves the right to order conduits or pipes which may be d b} said company in any of the streets and alleys of the city, to be changed or relocated in said streets whenever the public interests shall so require, and all changes of the char- acter provided for in this section shall be made at the expense of said grantees, their successors and assigns. 1698. Sec. 5. The grantees herein, their successors and £ns, whenever called upon so to do, by the Common Council of the City of St. Paul, shall, at their own cost, make all the necessary connections to and throughout all street lamps and masts at any time put up and maintained by the city, furnish all the necessary globes therefor and light by electricity, in such manner as said city may recpiire, all of the streets, alleys and public grounds of said city upon which they shall have placed any of their electric wares to the extent that said wires shall have been placed thereon, and said gran- tees shall receive from the city a just and reasonable price for the light so furnished ; and the Common Council shall have the power herein and hereby reserved from time to time to regulate and prescribe the maximum price to be charged by said company for the furnishing of light and power under the terms of this ordinance, whether furnished to the City of St. Paul or to any other person, company or corporation, but such price shall be fair and reasonable. 1699. Sec. ('). The poles, conduits and wires put in by said grantees, their successors and assigns, under the provisions of this ordinance, shall be of such character and shall be placed and located in such manner and at such places as shall be pre- scribed by the Commissioner of Public Works of said city. and whenever any street upon which any pole shall have been >hall be graded, paved or otherwise improved, said gran- tees shall reset their poles in such manner as the Commis- sioner shall direct, at their own expense, to conform to the street as reconstructed. 635 1700. Sec. ]. The rights and privileges hereby granted shall be held and exercised by the grantees named herein, their successors and assigns, subject to all the conditions and limi- tations contained in the charter of the City of St. Paul, in- cluding the filing of the statement provided for in section 2"t of chapter IV of said charter, and the payment of a license fee of five per cent (5 per cent i of the gross earnings derived or accrued from the exercise and enjoymenl of such rights and privileges as therein required. 1701. Sec. 8. The grantees herein, for themselves, their successors and assigns, hereby assume all liability that may be caused by the exercise of the rights and privileges con- ferred by this ordinance, and shall at all times save the City of St. Paul harmless from all damages, costs and expense arising therefrom, and whenever said company, it- successors and assigns shall desire to erect pole-, string wire- or exca- vate any portion of any street within the district herein pre- scribed, they shall first obtain from the Commissioner of Public Works, or his successor-, a permit therefor, and -aid Commissioner shall have tin- righl to prescribe proper rules, regulations and limitation-, iip.ui the granting of such permit. including a proper provision for tin- restoration of tin- street to it- former condition, ami said grantees -hall comply with all proper regulations and requirements so prescribed by -aid Commissioner of Public Work-, or his successor, in that behalf. 1702. 9, The rights and privileges conferred b) this ordinance -hall not in an) manner directly or indirectly, be sold, assigned, leased or in any way transferred to an) other person, company, corporation "i association now ownin ising any rights, privileges or authorit) similar to those conferred by this ordinance, either b) virtue of an) ordinance ; .ini . from tin- Common Council of -.mi city, or b) virtue Hi. Legislature of the State of Minnesota, or to an) compan) or corporation now or her* vned or trolled, directly or indirectly, b) an) such person, company oi • irporation, whether claiming or holding under tin . I franchises ami privil< i which may hereafter I"- granted to them or either of them before or 636 piration of the franchises or privileges now held by them' ther of them. Nor shall the grantees herein, their succes- hv suffer or permit any of the rights, privileges and authority conferred by this ordinance, or any of the poles, conduits herein authorized to be laid or constructed • m1 in any manner by any such person, company or ts successor in interest, without first obtaining the consent of the Common Council of said city, by resolution duly passed for that purpose, and furthermore, said grantees shall not in any manner transfer or assign any of the rights or privileges here!)}" granted to any person, company or corpora- tion, without the consent of the Common Council of the City of St. Taul, and in case of any such assignment or transfer being authorized by said Common Council, then no such sale or transfer shall be valid or effective until a written instru- ment creating such transfer and containing and reciting the terms of such sale shall be filed with the City Comptroller; nor shall any such transfer be valid or of any force or effect until the purchaser or transferee shall file with the City Comp- troller a written agreement in form to be approved by the Corporation Attorney, obligating himself and itself to pay to the city of St. Paul the same gross earning tax or license fee, herein imposed upon the grantees herein mentioned, and oth- erwise to comply with all the terms, conditions and require- ments of this ordinance and the charter of said city. 1703. Sec. 10. The grantees herein, before exercising any of the privileges or authority conferred by this ordinance shall execute and deliver to said city a good and sufficient bond thereto in the penal sum of five thousand dollars ($5,000), in such form and with such sureties as shall be ap- proved by the Corporation Attorney of said city, conditioned for the faithful performance by said grantee and by its succes- sors and assigns of all the obligations and conditions imposed by the terms of this ordinance, and the Common Council at any time hereafter may require that said bond shall be re- placed with a new bond, in such increased amount or with such other or additional sureties thereon as the public interest may require and as shall be prescribed by said Common Coun- cil, said bond to be similarly conditioned and approved. (J.'5? 1704. Sec. 11. In case the grantees herein, their succes- sors and assigns, shall at any time fail to comply with or in the case of a breach by them of any of the terms, provisions, conditions or limitations contained in and provided for in this ordinance, all the rights and privileges hereby granted forth- with shall terminate and become forfeited to said city, and in case of any such breach or failure to comply with any of the terms, provisions, conditions and limitations, the Common Council of said city shall have the power to declare the ter- mination and forfeiture of all the franchises and privileges hereby granted. 1705. Sec. 12. The grantees herein, within thirty (30) days after the passage and publication of this ordinance, shall file with the City Clerk their written acceptance thereof, and therein shall agree to abide by, keep and perform all of the terms, limitations, conditions and provisions hereof, such acceptance to be in such form as shall be approved by the Corporation Attorney, and within the same period said gran- tees shall file in the office of the City Comptroller a certified copy of such acceptance, together with the bond herein pro- vided for. Sec. 13. This ordinance shall take effect and be in force from and after its passage, approval, publication and accepl ance, as hereinbefore provided. UNITED STATES ELECTRIC LIGHTING COMPANY. From Article I. WW. Municipal Code L884. 1706. Sec. L8. Thai the privilege is hereby granted to the United States Electric Lighting Compan) to erect such tele- graph pdles, in the streets of the City of St. Paul, at such place or i>lac<-. and on such streets aa may I"- approved by the said common council, under the supervision of the city engineer, 3uch poles, together with the wires thereon, to be subject to the removal to 3uch place or places as the common council may. at any time direct, at the cosl and expen said company. The said the United States Electric Lighl ing Company, hereby assumes all liability that may be caused by the erection of ju< h pol< - and tin aid electric light, 638 shall at all times save the City of St. Paul harmless from, and From all damage growing out thereof, and said company shall use none bu1 insulated wires. (< >rd. approved Mar. 1 1. L882, § 1.) 1707. Sec. 1! ( . Nothing herein contained shall give to said r the United States Electric Lighting Compay, the exclusive privilege of using the electric light in the City of St. Paul — the right to in any manner amend this ordinance at any time i-, herein reserved. (Id. §2.) 1708. Sec. 20. The United States Electric Lighting Com- pany, he ami it is hereby permitted to erect poles for stringing wires for electric lighting, upon the following named streets in said city, to-wit: Third street, Fourth street. Fort street, Wabasha street, Robert street, Jackson street, Sibley street, Wacouta street. Fifth street, Seventh street, Rosabel street, and Broadway, under the supervision of and subject to the inspection and control of the city engineer, and upon and. under the following conditions and instruction, to-wit: Such s -hall he thirty-five (35) feet in height above the ground, and shall not be less than ten (10) inches in diameter at the im and five ( •"> ) inches in diameter at the top; they shall laned and shall be painted a dark color for the distance of six 1 1) ) feet from the ground, and from that point to the top they shall be painted white; they shall be set one hundred and forty (14(>) feet apart, except otherwise expressly per- mitted by the city engineer; and in case any other corpora- tions, companies or persons, are now or shall be at any time hereafter, permitted, by the common council of said city rect poles or string its wires for the purpose of electric lighting in said city, or to use the streets of said city for the purpose of electric lighting: and such corporation or corporations, company or companies, person or persons, as sire to use the poles so erected by said Linked States Electric Lighting Company, for the purpose of supporting the for such purpose, such corporations, companies or per- all be entitled to do so, upon paying to said United - Electric Lighting Company, or its successors, the pro- hare of the cost of procuring and erecting such 639 poles, to be determined as follows: Upon the erection <>i poles upon any of said streets, said United States Electric Lighting Company shall immediately report to the city engineer the actual cost of such poles as erected, and said city engineer shall ascertain and determine the actual cost of said poles erected, and certify the amount which he shall find to he cor- rect, and keep a record thereof in his office for public inspec- tion. Upon the first application as aforesaid to use the poles so erected, the applicant shall pay to the United States Elec- tric Lighting Company one-half i 1 .- of said actual cost of said poles, so determined by said city engineer; and in case of a second application, the applicant shall pa) one-third (1 3) of such cost, the same to be divided equally between t In- United States Electric Lighting Company and the firsl appli- cant; and successive applicants shall pay their proportionate share of such cost, the same to be divided proportionately in like manner, and all applicants so paying their proportionate share of the cost of said poles shall become, and lie by com- mon consent, joinl owners with said United States Electric Lighting Company of said pole-,, and shall be entitled to use them for the purpose of electric lighting; and it is conditional, that if an) other corporations, companies of persons, have pro I or shall procure like permission from said common cum cil to creei poles ■ "i said streets or any of them, and shall actu ally erect it- poles "ii any of --aid streets before -aid United States Electric Lighting Compan) shall have erected it- poles on such street, then the permission hereb) granted i- with drawn, and said United States Electric Lighting Comp shall b( restricted to using such poles then alread) I \\n der the conditions as herein contained ; and ii is expressly ditioned ami provided, thai in case -aid United Stat trie Lighting Compan) -hall • .allow an) applicant t*> use its poles upon payment of the proportionate amounl t' for, and to sell to -aid applicant -nch propi said poll- a- lnrciu provided, thereupon the righl United States Electri< Lighting Compan) to lain its poles upon tl and the same shall be forthwith removed from such them, upon and under the older and dil till '''in 640 mon council; and it is expressly provided, that the acceptance of this permission by the United States Electric Lighting pany, either by resolution of the board of directors or by acting hereunder in the erection of its poles shall be an ac- ceptance of all the conditions and provisions herein contained; and it is further provided, that the rights hereby granted are further subject to all the conditions and requirements of the ordinance heretofore passed, allowing said United States Elec- tric Lighting Company to use the streets of said city for the erecting of poles for the purpose of electric lighting. (Ord. approved April 18, 1882, § 1.) (Repealed by resolution of council May 29, 1900.) VALLEY IRON WORKS. Ordinance No. 1366. (Approved July 2, 1890.) 1709. An Ordinance granting unto John Grant and Thomas Cameron, copartners as the Valley Iron Works, privilege, to use and occupy a portion of the levee in the Sixth ward of the City of St. Paul, and to erect and maintain buildings on the same and carry on the business of a foundry and working in metals thereon, and to repeal Ordinance No. 1355. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority is hereby given and granted unto John Grant and Thomas Cameron, copart- ners as the Valley Iron Works, to use and occupy until the first day of July, A. D. 1916, for manufacturing purposes, that portion of the levee and land in the Sixth ward of the City of St. Paul as follows : That tract and parcel, of land situated in the City of St. Paul and County of Ramsey, described as follows, to-wit : Beginning at a point on the lot line between lots three ) and four (4), in block three (3), of Bazille & Robert's Ad- dition to the City of St. Paul, sixty (60) feet northerly from the southerly line of the levee in the Sixth ward of said city; thence easterly and parallel with said levee line to the east 641 line of lot two (2) of block three (3) of said addition ; thence northerly along the said easterly line of said lot two (2) pro- duced to the Mississippi river; thence along the bank of said river to the aforesaid lot line between said lots three (3) and four (4) if produced; thence southerly along the said lot line 1 ist named to the point of beginning, which property as herein described forms a part of the so-called levee in the Sixth ward of St. Paul. (As amended by Ord. Xo. 1545, approved ( )ct. 20, L891, § l.i 1710. Sec. 2. That permission and authority is hereby given and granted unto John Grant and Thomas Cameron, co partners as the Valley Iron Works, to erect, construct and maintain frame buildings upon said premises for use in their business of a foundry and working in metals, and also such additions to such buildings, and an engine and boiler house and such outhouses and other structures as may be necessary or convenient for the carrying on of their said business, all their buildings and additions thereto, engine and boiler house, outhouses and Structures to be buill under the direction and according to the instructions of the building inspector of said city, ami payment of all city fees therefor. The main building to be of the Eollowing dimensions: Forty by eighty t 10x80) feet, in part one ( 1 i and in part two tones high, and the engine and boiler house to be sixteen by thirty i 16x30) feet, one I I i stor) high. 1711. See. :;. \'o rights acquired under this ordinance shall be transferred to any other person unless the consenl of tin common council shall be firsl obtained. 1711^2. ec. I. That that certain ordinance number thir teen hundred and fifty-five (1355), approved by the mayoi of said cit) June 5, 1890, be and the same i^> hereby in all th r. pealed. Si e. .'». 'I his ordinance shall take effeel and be in force fo .m and after its p. rttl publication. 642 SAME. Ordinance No. 2267. (Approved March 6, 1902.) 1712. An Ordinance supplemental to Ordinance No. 1366, as amended, granting unto the Valley Iron Works permission to use a portion of the levee in the Sixth Ward of the City of St. Paul, for manufacturing purposes. Whereas. Under the provisions of Ordinance No. 1366, approved July 1, 1890, John Grant and Thomas Cameron, co- partners as the Valley Iron Works, were granted the right to use and occupy for the period of ten years from the date of the passage of said ordinance, for manufacturing purposes in the line of the business of said company, certain land situated in Bazille and Robert's Addition to West St. Paul, and to erect thereon certain buildings for the use of its said business; and 1713. Whereas, Under and pursuant to the terms of Ordi- nance No. 1545, approved Oct. 22, 1890, the rights granted un- to said Grant and said Cameron, under said Ordinance No. 1366. were extended until the first day of July, A. D. 1916; and 1714. Whereas, Said company, pursuant to said permis- sion, entered upon said land and erected certain building and made extensions and improvements thereon, and said Grant and Cameron have applied for an additional parcel of land next to and adjoining that heretofore granted them under and pursuant to the terms of said Ordinance No. 1366. 1715. Now, therefore, the Common Council of the City of St. Paul do ordain as follows: Sec. 1. That permission and authority is hereby granted unto said John Grant and Thomas Cameron, copartners as the Valley Iron Works, to use and occupy that portion of the levee in the Sixth ward of the City of St. Paul described and designated as follows: Beginning at the northeast corner of lot 5, block 3, Bazille and Robert's addition to the City of St. Paul ; thence northerly 643 along a line as will be established by producing the westerly lot line of lot -A to the intersection with the Mississippi river : thence westerly to the easterly right of way line of the Chicago & Great Western Railroad; thence southwesterly along the easterly right of way line of said Chicago & Great Western railway to a point located on the intersection of said easterly right of way line of the Chicago & Great Western Railway. and the westerly line of lot 5 produced; thence southerly to the northwest corner of lot 5, of block 3, Bazille and Robert's Addition to the City of St. Paul ; thence easterly to point of beginning. Until the first day of July, A. D. 1916, for manu- facturing purposes in the line of business in which said com- pany is now engaged. 1716. Sec. ''. The authority and privilege hereby granted is made subject to all the terms and conditions applicable hereto, contained in said Ordinance No. 1366 and No. 1545, hereinabove referred to and subject to the rights of the City of St. Paul by its proper officers to enter at any time on the above described premises for the purpose of cleaning, main- taining and repairing the sewer situated thereon. 1717. Sec. 3. None of the rights conferred by this ordin- ance shall be transferred to any other person, firm or corpora- tion unless and until the consent of the Common Council of said city to such transfer shall first be obtained. 1718. Sic l. Said John Grant and Thomas Cameron, partners as the Valley Iron Works, the grantees herein, with in thirty (30) days after the passage and publication of this ordinance, shall tile in tin- office of the City Clerk its written acceptance thereof, the same to be in such form as shall bi proved by the corporation attorney, otherwise tins ordinance shall be of no force i »r effect. Sec. 5. This ordinance shall take effeel and be in force from and ai't.-r its | publication and acceptance, as in provided. 644 SAME. Ordinance No. 2120. (Approved May 24, 1900.) 1719. An Ordinance to grant unto J. A. Posey permission to use a portion of the levee in the Sixth Ward in the City of St. Paul. The Common Council ^i the City of St. Paul do ordain as follows : Sec. 1. That permission and authority be and the same is hereby given unto J. A. Posey to use and occupy, for the full period of twenty-five (25) years from the date of the pass- ' this ordinance, for the purpose of constructing and man- ufacturing sheet iron smokestacks, boilers and other articles composed or manufactured wholly or in part of sheet iron, that portion of the levee in the 'Sixth ward in the City of St. Paul described as follows, to-wit: The southerly one hun- dred and thirty" feet (130) of lots one (1) and two (.2.) of block one hundred eighty-eight (188), Robertson's Addition to West St. Paul, according to the plat thereof on file in the office of the Register of Deeds of Ramsey Comity, State of Minnesota. This grant and permission is made by and on be- half of the City of St. Paul upon the express conditions and terms hereinafter set forth, to-wit: First — The said grantee above named shall pay to the City of St. Paul, as compensation and rental for the privileges hereby granted, the sum of one dollar ($1) per annum, payable annually in advance, for and during the time herein specified. md Said grantee shall erect upon said premises and 'tain thereon a main building forty (40) feet in width and xty (60) feet in length, and such other buildings as the con- duct of their business shall hereafter require; all of said build- hall be built of wood, covered with corrugated iron, and II be built under and upon plans approved by the Building Inspector of said city, upon obtaining a proper permit therefor. aid buildings shall be used for the manufacturing purposes above set forth and in connection therewith. Provided, how- ever, that chimneys and smokestacks, if any there be, to be used on said buildings, shall extend at least fifty (50) feet 645 above the grade of the streets adjacent thereto; and provided that the Common Council of the City of St. Paul may, by special resolution, permit the erection by said grantee of build- ings of a different character or material to those above set forth. Third — The grantee herein named shall complete said buildings and have said business in full operation within twelve (12) months from the passage of this ordinance, and within ninety (90) days after the expiration of the term of the lease herein granted said building or buildings shall be re- moved from said above-described premises by said grantee, and in case of failure to remove said buildings within said time the same, or such part thereof as may thereafter remain upon said premises, shall become the property of the said City of St. Paul. Fourth- — Said grantee shall and will forever indemnify and save harmless the City of St. Paul against any and all damages, judgments, claims, costs and expenses of the same which said city may suffer or which may be recovered or ob- tained from or against said city from or by reason of or grow ing out of or resulting from the passage of this ordinance, or tin- performance or transaction of any matter or thing con- nected therewith or mentioned therein, or in the exercise by- said grantee of the privileges herein granted. Fifth — Tin- said grantee -hall, in the prosecution of the manufacturing business to be carried on upon the property d to him under this ordinance, constantly keep employed throughout the entire period For which said propert) is leased than eighl (8) adull persons, all of whom shall be resident- of the City of St. Paul. 1720. 2, This ordinance shall nol he considered or construed a- in any manner guaranteeing or warranting any of the rights hereby -ranled, nor the title of an) of the lands her< in described. 1721. •'!. All the piling, riprapping and filliri sary to be done on the land above described -hall he let t.i St. Paul contractors, or he performed by persons or laborei siding in the City of St. Paul, and all the stone used in the truction of any of the ^aid buildings constructed on said 646 lises shall be of St. Paul manufacture or quarried in said city. 1722. Sec. 1. If the grantee shall fail in any respect to comply with the provisions of this ordinance then all the privi- - herein granted shall he immediately forfeited to the City of St. Paul and this grant or lease be thereby terminated rfeited. 1723. Sec. 5. All buildings placed on said lands as herein provided shall be personalty for the purposes of taxation, and said grantee agrees to pay all taxes which may be levied or ssed on said buildings; and in case said grantee shall al- 1..W said taxes to remain unpaid until the date of the sale thereof-, then all the rights and privileges hereby granted shall r< vert to the City of St. Paul and this lease shall thereupon terminate. 1724. Sec. 6. The said grantee shall, not later than twelve I 12) months after the passage of this ordinance, begin the prosecution of said manufacturing business hereinbefore de- scribed on said premises, and during the continuance of this -hall continuously prosecute the same; and if dur- ing the term of this lease said grantee shall fail for any of the thirty (30) days to conduct said manufacturing business as aforesaid, then said city shall have the right and option, by a resolution, upon thirty (30) days' writ- ten notice to said grantee of its intention to do so, to cancel and terminate said lease. Provided, that fail- ure to prosecute said business as aforesaid caused by flood or damage by fire or the elements, or strikes, shall not be taken as a part of said thirty (30) days. 1725. Sec. 7. If said grantee shall fail to comply with any of the provisions of this ordinance, then said city has the right and option, upon giving thirty (30) days' written notice to said grantee of its intention to do so, to terminate and forfeit -<•. Provided, that in case this lease is forfeited by said city or otherwise, for any reason, then said grantee shall ive the right during the six (6) months next following such >rfeiture to remove its machinery, property and improve- ments from said premises. Gd7 1726. Sec. 8. All rights hereby granted shall at all times be subject to all ordinances of said City of St. Paid now in force, or which may hereafter be passed, and no rights ac- quired under this ordinance shall be transferred to any other party unless the consent of the Common Council of said-city shall be first obtained. 1727. Sec. 9. Said grantee shall file with the City Clerk of said city, within thirty (30) days after the publication of this ordinance, his written acceptance of the provisions there- of, and an agreement to perform all the terms thereof, the same to be approved by the Corporation Attorney . Sec. 10. This ordinance shall take effect and be in force from and after its passage, publication and acceptance, as pro- vided herein. SAME. Ordinance No. 2139. I \pproved September 15, L900.) 1728. An Ordinance granting unto J. A. Posey and W. T. Calton, doing business under the firm name and style of Vulcan Boiler Works, permission to use a portion of the levee in the Sixth ward in the City of St. Paul. The Common Council of the Citj of St. Paul do ordain as fi illows : I. That permission and authority be and the same is hereby given unto J. A. Pose) and \\ . T. Calton, doing busi ness under the firm name and style of Vulcan Boiler Works, to use and occupy, for the full period of twent) -fiv< from the date of the p of this ordinance, for the purpo < tructing and manufacturing sheel iron smokestacks, boil ers and other articles composed or manufactured wholly or in part of dieet iron, thai portion of the levee in the Sixth ward in the city of St. Paul, described as follows, to-wit: The southerly one hundred and thirty ( I two (2) and three (3) of block one hum lied eighty-eight | I Robert -on'- addition to Wesl St. Paul, a< I the plat thereof on file in the ofl I th< of deeds of Rai G is state of Minnesota, subject, however, to an easement ned b) said Cit\ of St. Paul on lots one (1) and two (2), >r a bridge leading to the public baths, and an entrance there- to, but which said easement shall be relinquished by said city 'aul as soon as the necessity therefor is removed; all hich said easement is in accordance with the plat hereto attached. This grant and permission is made by and on behalf of the Cit) of St. Paul upon the express conditions and terms hereinafter set forth, to-wil : First — The said grantee above named shall pay to the Cit) of St. Paul, as compensation and rental for the privileges hereby granted, the sum of one dollar ($1) per annum, payable annually in advance, for and during the time herein specified. Second — Said grantee shall erect upon said premises and maintain thereon a main building forty (40) feet in width and sixty (60) feet in length, and such other buildings as the con- duct of their business shall hereafter require; all of said build- ings shall be built of wood, covered with corrugated iron, and shall be built under and upon plans approved by the Building [nspector of said city, upon obtaining a proper permit there- for. Said buildings shall be used for the manufacturing pur- s above set forth and in connection therewith. Provided, however, that chimneys and smokestacks, if any there be, to be used on said buildings, shall extend at least fifty (50) feet above the grade of the streets adjacent thereto; and provided that the Common Council of the City of St. Paul may, by ial resolution, permit the erection by said grantee of build- ings of a different character of material to those above set forth. Third — The grantee herein named shall complete said buildings and have said business in full operation within twelve (12) months from the passage of this ordinance, and within ninety (90) days after the expiration of the term of the herein granted said building or buildings shall be re- noved from said above-described premises by said grantee, 1 in case of failure to remove said buildings within said time same, or such part thereof as may thereafter remain upon 1 premises, shall become the propertv of the said City of St. Paul. 640 Fourth — Said grantee shall and will forever indemnify and save harmless the City of St. Paul against any and all damages, judgments, claims, costs and expenses of the same which said city may suffer or which may be recovered or ob- tained from or against said city from or by reason of or grow- ing out of or resulting from the passage of this ordinance or performance or transaction of any matter or thing connected therewith or mentioned therein, or in the exercise by said grantee of the privileges herein granted. Fifth — The said grantee' shall, in the prosecution of the manufacturing business to be carried on upon the property leased to him under this ordinance, constantly keep employed throughout the entire period for which said propert) is leased not less than eight (8) adult persons, all of whom shall be resi- dents of the City of St. Paul. 1729. Sec. 2. This ordinance shall not be considered or construed as in any manner guaranteeing or warranting an) of the rights hereby granted, nor the title of any of the lands herein described. 1730. Sec. :;. All the piling, riprapping and filling neces- sary to be done on the land above described shall be let to >i . Paul contractors, or be performed by persons or laborers re siding in the City of Si. Paul, and all the stone used in the construction of any of the said buildings constructed on said premises shall be of St. Paul manufacture or quarried in said city. 1731. Sec. I. If said grantee -hall fail in .- 1 1 1 \ respeel t" comply with the provisions of this ordinance then all the prh - herein granted shall lie inimediateh forfeited to the City of St. Paul and iln- granl or lease he thereb) terminated or f< >rfeit< d. 1732. Sec 5. \ll buildings placed on said lands as herein provided shall 1><- personalt) for the purposes of taxation, and said grantee agrees to pa} all taxes which ma} be levied or assessed on said buildings; and in case said grantee shall al low said taxes to remain unpaid until the date of the sale thereof, then all the rights and privileges hereb) granted shall 650 the City of St. Paul and this lease shall thereupon terminate. 1733. See. i'.. The said grantee shall, not later than twelve (12) months after the passage of this ordinance, begin the :ution of said manufacturing business hereinbefore de- scribed on said premises, and during the continuance of this shall continuously prosecute the same; and if during the term of this lease said grantee shall fail for any of the thirty days to conduct said manufacturing business as afore- said, then said city shall have the right and option, by a reso- lution, upon thirty (30) days' written notice to said grantee of its intention to do so, to cancel and terminate said lease. Provided, that failure to prosecute said business as aforesaid caused by flood or damage by fire or the elements, or strikers, shall not be taken as a part of said thirty (30) days. 1734. Sec. T. If said grantee shall fail to comply with any of the provisions of this ordinance, then said city has the right and option, upon giving thirty (30) days' written notice to said grantee of its intention to do so, to terminate and forfeit this lease. Provided, that in case this lease is forfeited by said city or otherwise, for any reason, then said grantee shall have the right during the six (6) months next following such for- feiture to remove its machinery, property and improvements from said premises. 1735. Sec. 8. All rights hereby granted shall at all times be subject to all ordinances of said City of St. Paul now in force, or which may hereafter be passed, and no rights ac- quired under this ordinance shall be transferred to any other party unless the consent of the Common Council of said city shall be first obtained. 1736. Sec. U. Said grantee shall file with the City Clerk of said city, within thirty (30) days' after the publication of s ordinance, his written acceptance of the provisions there- and an agreement to perform all the terms thereof, the same to be approved by the Corporation Attorney. Sec. 10. Ordinance No. 2120, approved May 24, 1900, is herebv rescinded. G51 Sec. 11. This ordinance shall take effect and be in force from and after its passage, publication and acceptance, as pro- vided therein. VULCAN BOILER WORKS. Ordinance No. 2168. (Approved Feb. 7, 1901.) 1737. An Ordinance giving consent to and approval of con- veyance by W. T. Calton to J. A. Posey of his rights to part of lots 1, 2 and 3, in block 188, of Robertson's Addition to West St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Whereas, Permission and authority was. by Or- dinance numbered 2139, duly passed by the Common Council of the City of St. Paul, and approved September 15th, 1900, and published September 19th, 1900, granted to J. A. L'osey and W. T. Calton, doing business under the firm name of Vulcan Boiler Works, the right to use and occupy for the full period of 25 years from the date of the passage of said ordi- nance, for the purpose of constructing and manufacturing sheet iron smokestacks, boilers and other articles compi or manufactured wholly, or in part, of sheet iron, thai porl of the levee in the Sixth ward in the Cit) of St. Paul, described as follows, to-wit: The southerly L30 feel of lots l. 2 and 3, in block L88, of Robei Addition to West St. Paul, sub to the easements retained by said City of St. Paul, on lots one i l i and two i ".' i for a bridge leading to the public baths and entrances therefc which granl was upon certain con- ditions contained in said ordinance and, 1738. Whereas, said W. T. Calton lias hen dul) con- veyed all his rights thereunder and interesl therein to J. \. 3 , wli«. hi i >\<<\ to the busiw aid firm ; Now, therefore, the consent, permission and approval of the Cit\ of St. Paul for such conveyance 1"'. and the same is hereby granted to said W. T. Calton, it being expressly un- 652 I that his assignee, J. A. Posey, is to comply with all >Miitlitii>n^ and terms "i said ordinance. Sec. '.'. This ordinance shall take effect and he in force from and after its passage and pnhlication. SAME. Ordinance No. 2499. i Approved February 23, 1905.) 1739. An Ordinance consenting to the transfer and assign- ment unto the St. Paul Boiler and Manufacturing Company, a Corporation, of the rights and privi- leges acquired by J. A. Posey and W. T. Calton, under Ordinance No. 2139 of the General Ordi- nances of the City of St. Paul, entitled, "An Ordi- nance granting unto J. A. Posey and W. T. Calton, doing business under the firm name and style of the Vulcan Boiler Works, permission to use a por- tion of the levee in the Sixth ward in the City of St. Paul," approved Sept. 15, 1900. The Common Council T5f the City of St. Paul do ordain as follows : Sec. 1. Whereas, By Ordinance Xo. 2139 of the General I 'rdinances of the City of St. Paul, entitled "An Ordinance granting unto J. A. Posey and W. T. Calton, doing business under the firm name and style of the Vulcan Boiler Works, permission to use a portion of the levee in the Sixth Ward in the City of St. Paul." approved Sept. 15, 1900, the Common Council of the City of St. Paul did grant to the said J. A. y and W. T. Calton permission and authority to use and occupy for the period of twenty-five years for the purpose of constructing and manufacturing sheet iron smokestacks, boil- ers and other articles composed and manufactured wholly or •: part of sheet iron, that portion of the levee in the Sixth ward in the City of St. Paul, described as follows, to-wit: The southerly one hundred and thirty (130) feet of lots one id i. two (2 I. and three (3), block one hundred and eighty- - >. Robertson's Addition to West St. Paul, according 653 to tlie recorded plat thereof on file in the office of the Register of Deeds in and for the County of Ramsey and Stale of .Min- nesota, and, 1740. Whereas, Said Ordinance No, 2139 was duly accepted by said J. A. Posey and W. T. Calton by filing their written acceptance thereof in the office of the City Clerk of said City of St. Paid, and. 1741. Whereas, All the rights and privileges acquired by said J. A. Posey and W. T. Calton under said < Irdinance Mo. 2139 were with the consent and permission and authorit) of the Mayor and Common Council of said cit) dul) assigned and transferred to Frederick Smith and W. J. Richards, and. 1742. Whereas, Said Frederick Smith and W. J. Richards desire to transfer and assign to the St. Paul Boiler and Manu- facturing Company all the rights and privileges granted b) said Ordinance No. 2139 and acquired by them as aforesaid, 1743. Now, Therefore, permission and authorit) is hereby granted to the said Frederick Smith and \\ . J, Richards to as sign and transfer to said St. Paul Boiler and Manufacturing Company all the rights and privileges granted to and acquired aid I. A. Pose) and W. T. Calton under and pursuant t<> the terms of said Ordinance X"- 2139, and acquired 1>\ said Smith and Richards as aforesaid, and the Common Council of the City of St. Paul, does hereb) consenl to such transfer and 'innent. subject, however, to the full and complete com- pliance with the terms ,,f said < Ordinance No. 2139 b) said St. Paul Boiler and Manufacturing Company, and subject, also, t" all the r i L4 1 ) t ~ reserved to the Cit) of St. Paul b) tin- pro vision*, of -aid ordinance and subject t" the present right the i ity for a bridge and approach to the public baths. 1744. That said St. Paul Boiler and Manul Compan) -hall file with the said ClerK of -aid cit) within thirty i :!" i days after tin passage and publication of this ordi nance their written acceptance of the pn and an agreemenl to perform all of said terms thereof, tin be appn *\ ed b) aid < lorporation \tt< »i - 1745. ' >rdinancc mall I fi .1 1 e fr< »iii and a ft one hundred (100) men, at a location to the wesl of St. Anthony Park, and thai in order to enable him to operate said mill it will be n for him to have certain facilities for railroad connections; and Whereas, It has been made further to appear thai !•'.. C. Warner i^ the ^uner of all the land affected in any way by the permission herein ami hereby granted; 65G \..\\ therefore, The Common Council of the City of St. Paul do ordain as follows : 1750. Sec. 1. Thai permission, privilege and authority be and it is hereby granted to E. C. Warner to construct a rail- road spur track across Manvel avenue, from lot 1 in block 57- to lot 1 in block 58 of St. Anthony Park, and also across the alley lying between said block 58 and the right. of way of the ('.reat Northern Kailway company, as it at the present exists. 1751. Sec. 2. The privilege, permission and authority herein contained .and hereby granted shall be subject, how- ever, to all existing terms and provisions of law' and of the charter and ordinances of the City of St. Paul, and shall be further subject to regulation, control and revocation by the Common Council of said city. 1752. Sec. 3. The grantee herein shall, within ten (10) days after the passage, approval and publication hereof, file in the office of the City Clerk an acceptance in writing of the terms hereof, and attached thereto, and as a part of said writ- ten acceptance, he shall also file a bond in the sum of five thousand dollars <$~>,000), in form to be approved by the ■ rati' m Attorney, with good and sufficient sureties, con- ditioned forever to save the City of St. Paul harmless from any co^ts. damages or expense in the premises, and any failure within the time above limited to file said bond and written ac- ceptance, as aforesaid, shall be construed as a termination of any and all privileges, permission and authority herein and hereby granted. 1. This ordinance shall take effect and be in force from and after its passage, approval and publication. 657 WATEROUS ENGINE WORKS COMPANY. Ordinance No. 1773. (Approved August 27, 1894.) 1753. An Ordinance granting unto the Waterous Engine Works Company permission to occupy and use a portion of the levee in the Sixth ward in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That there is hereby given and granted unto the Waterous Engine Works Company, a corporation created and organized under the laws of the State of Minnesota, its suc- cessors and assigns (which for convenience hereafter are called herein said ''grantee" or said "company"), permission and authority to use and occupy for the full period of fifty (50) years from the date of the passage of this ordinance, for the purpose of manufacturing machinery, engines, boilers and ar- ticles composed and manufactured wholly or in part of iron or metal, that portion of the levee in the Sixth ward in the City of St. Paul included within a tract bounded as follows, to- wit : On the east by Eaton avenue extended as a continuous straight avenue for a distance of three hundred and ten (310) feet north of the south line of the levee; on the west by South Robert street; on the south by a line (called for convenience herein Line "A"), which line is parallel with and sixty (60) feci north <>f a straighl line drawn from the northeasterly cor- ner of block one hundred and seventy-six (176) of Robertson's Addition to West St. Paul to the northwesterly corner <\ e specified. Second Said grantee .shall erect upon said premises and maintain thereon a building not less than one hundred and ninety-five i 195) feet long 1»\ seventy (70) feet in width, and from time to time during the life of this lease such other build- ings ami improvements as it may desire to erect on said premises for its business operations. All of said buildings herein specified shall be of brick and stone, or brick or stone, and the same shall be built under and upon plans approved by the building inspector of said city, upon obtaining the proper permit therefor. Any building erected upon said premises shall be used for the manufacturing purposes above set forth and in connection therewith: provided, however, that the chimneys and smokestacks, if any there be erected, to be used in said building^ shall extend at least twenty-five (25) feet above the grade of the streets above specified; Robert street excepted; and provided, that the common council of the City of St. Paul may, by special resolution, permit the erection by said grantee of buildings of a different character and material than those above set forth. Third — The grantee herein named, its successors, or as- signs, shall complete said building herein specified and have said business in full operation within twelve (12) months from the passage of this ordinance. Before the expiration of the term of this lease said buildings shall be removed from said by said grantee, its successors, or assigns, and in of failure to remove said buildings within said time the same, or such part thereof as may thereafter remain on said tises, shall become the property of said City of St. Paul. Fourth— Said grantee shall and will forever indemnify and save harmless the City of St. Paul against any and all mages, judgments, claims, costs and expenses of same hich -aid city may suffer or which may be recovered or ob- ined from, or by reason of. or growing out of, or resulting from, the passage of this ordinance, or the performance or transaction of any matter or thing connected therewith, or mentioned therein, or with the exercise by said grantee of the privileges hereby granted. 659 Permission is hereby granted the said Waterous Engine Works Company, its snecessors and assigns, to construct said buildings on said premises on a plan and of a material known as heavy mill construction, thoroughly tied together and ered with corrugated iron; the said buildings resting on heavy grill work and bottom or foundations sills below. All said buildings to be erected under plans approved by the building inspector of said city. i As amended by Ord. No. 1778, approved Oct. I. 1894, ^ L.) 1754. Sec. 2. 'Pbe said Waterous Engine Works Compan) shall, not later than twelve (12) months after the passage of this ordinance, begin the prosecution of its manufacturing business hereinbefore described, on said premises, and during the continuance of this lease shall continuously prosecute the same, and if during the term of this lease said company, its successors, or assigns, shall fail for any successive thirty (30) days to conduct said manufacturing business as aforesaid, then said city has the right and option, by resolution, upon thirty (30) days' written notice to said grantee of it-, intention So to do, to caned and terminate said lease, provided that fail ure to prosecute said business, as aforesaid, caused 1>\ a il 1. or damages by fire, or the elements, or strikes, shall nol be tak- en as a part of said thirty (30) days. 1755. 3. All ih*-' piling, riprapping and filling m sary to be done on land above described, shall be lei to St. Paul contractors, or be performed b) persons and laborer siding in the City of St. Paul, and all the brick or -tone used in the construction of any of the said buildings constructed on said premises shall be of St. Paul manufacture oi quarried in said city. 1756. Sec. I. This ordinance shall nol b dered or construed as in any manner guarant* warranting an) of the rights hereb) granted, or the title of the land hei cribed, excepl ■•■ againsl the future acts of said city, its irs, or assigns. Said compan) ma) use in improving and building on said premises trie material it now has on its lots in South St. Paul. (As amended b) Ofd. No. 1774, approved Sept. 8, 1894, [f ^ai{] . containing various and many restrictions upon the grants of franchise rights and privileges, w ill gi i into > effect ; and. 1775. Whereas. It i- the opinion of the Common Council thai at the time such charter shall take effect, the franchise rights and privileges nol now in actual n^<- or operation, such as the} ma) be, and such franchise rights oi privileges b) of grant, a-* aforesaid, as are, wrongfully or otherwise, ii 01 operation by others than the grantees themselv< hall (ISli and revert to the City of St. Paul and be thereafter to the provisions of said new charter. 1776. Now, therefore, Be it resolved, By the Common ncil of the City of St. Paul, that all, each and every of the grants of franchise rights, privilege and authority hereinbefore referred to, shall, upon the passage, approval and publication hereof, determine and become void and of no effect, reverting unconditionally to the City of St. Paul. PART III. THE BUILDING CODE. 669 LAWS RELATING TO BUILDING, PLUMBING, GAS FITTING AND ELECTRICAL WORK. Ordinance No. 2209. City of St. Paul. An Ordinance providing for all matters concerning, relating to or affecting the construction, alteration, repair, removal or maintenance of all buildings or structures, or parts of buildings or structures, erected or to be erected within the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : PART I. Title of Ordinance. 1777. Sec. 1. The following provisions shall constitute and be known as the "Building Code," and may be cited as such. They presumptively provide for all matters concerning, affecting or relating to the construction, alteration, repair or removal or maintenance of all buildings or structures or parts of buildings or structures erected or to be erected within the City of St. Paul. PART II. Preliminary Requirements. 1778. Sec. 2. New Buildings and Buildings to be al- tered. — Nfo wall, structure, building OT any part thereof, or wall * >r any platform, staging or flooring to he used for stand- ing or seating purposes, shall hereafter In- buill or constructed in tin- City of St. Paul, except in conformity with the pro- visions of this code. \'<> building already erected, or hereafter to be built in said city, shrill be raised, altered, moved or built upon in any manner, that would be iii violation of any of the provisions of this code, or the permit is-ne.1 thereunder. 1779. Sec. 3. Permits. — Mo WOrfc "i repair- -hall he done upon any structure, building or 3hed in the City of St. Paul (except as hereinafter mentioned) without a permit from the Commissioner of Public Works. 670 re proceeding with the erection, enlargement, alter- . repair or removal of an) building in the City of St. Paul, a permit for such erection, enlargement, alteration, repair or removal shall first be obtained by the owner or owners, or his <»r their agent from the Commissioner of Public Works, and it shall be unlawful to commence or proceed with the erection, enlargement, alteration, repair or removal of any building or structural part thereof or ^i any structure which is to be used for the shelter or enclosure of persons, animals or chattels within the City ^>\ St. Paul, unless such permit shall first have been obtained from the Commissioner of Public Works, or as hereinafter provided. 1780. Sec. 4. Application for Permit. — When any person ( r persons shall be desirous of erecting, repairing, changing or altering any building or structure within the limits of said city, he or the} - shall make application at the office of the Commis- sioner of Public Works for a permit for that purpose, and shall furnish said Commissioner with a written statement, up- on a blank form furnished by said Commissioner for that pur- gether with the plans and specifications of the same, which shall be delivered to the said Commissioner of Public Works and remain in his custody a sufficient length of time to allow the necessary examination to be made of the same, after which, if it shall appear to said Commissioner that the and ordinances of such city are, and are contemplated to implied with, he shall grant such permit. If the said - tier shall so require, copies of said plans and speci- fications -hall be filed in his office until the completion of the building or structure in question. The said commissioner may, however, issue permits for minor repairs, alterations or additions without plans or specifications. Repairs of build- • r structures, the cost of which will not exceed fifty dol- r-. may be made without notice to the Commissioner of Pub- lic \\ orks. but such repairs shall not be construed to include the cutting away of any stone or brick wall, or any portion of, the removal or cutting any beam or support, or the >val, change or closing of any staircase. Nothing in this section shall be construed to prevent the Commissioner of Public Works from granting his permit for the erection of any 671 part of a building", or any part of a structure, where the plans and detailed statements of said building or structure have been presented for the same before the entire plans and de- tailed statements of said building or structure have been sub- mitted. Any permit which may be issued by the Commis- sioner of Public Works pursuant to the provisions of this sec- tion, but under which no work is commenced within one year from the time of issuance, shall expire by limitation. Provided, that before a permit for the removal of any building shall be issued there shall be tiled in the office of the Commissioner of Public Works the written assent to such removal from the person owning a majority of front feet of lots in the same block on the same street in which it is proposed to locate such removed building, and also from a majorit) of persons owning front feet opposite the proposed location, and within one hundred and fifty I 150) feet of the same. i \s amended by Ord. 2530, approved Aug. L9, L905.) 1781. Sec. 5. Revocation of Permits. — Should the Com- missioner of Public Works become convinced that the work- under such permit is not proceeding according to detailed statement, plans and specifications upon which such permit was issued, but is proceeding in violation of the law or ordi- nance, it shall be his duty to notify the owner or owner-, or or their agent, in writing, that the work is being construct- ed in violation ,,f the permit and ordinance, and that the same immediately rectified to conform with the building law-, if the owner or owners, or hi- or their agent, neglects to comply with the said laws or fails to make corrections, j| shall be the further dut) of the Commissioner of Public Works to. notify them in writing to appear before the Board of Public Works at some stated time and -how cause wh) said permit shall not he revoked. Should the parties notified fail to ap- pear at tic tirrn o stated, or should the Board of Public Works, after hearing, determine such action n< . or proper, the) ma\ revoke said permit, and notice thereof -hall be immediatel) served upon the owner, agent, superintend- ent or contractor in charge of tin- work and posted on the property. Said notice shall be in wril jned by the p dent or presidenl pro tern, of tin- Board of Public Works, and revocation of permit, any contractor or workman inning any work in or about said structure, building or S, shall be guilty of a misdemeanor, and on conviction shall be lined not less than ten dollars ($10) nor more than one hundred dollars ($100), or may be imprisoned not to i d ninety | 90 I da\ s. 1782. Sec. 6. Appeals. — Provided that should any party ieved object to the decision of the Board of Public Works, he. she or they may further appeal in writing to the Common Council within three days after the decision of the Board of Public Works, specifying in such appeal the reason and ground therefor and accompanying the same by the payment of Thirty Dollars ($30), but if the appeal be sustained, the said Thirty Dollars ($30) shall be refunded. The Common Council shall thereupon appoint a commission to consist of three disinterested persons, who shall in such time as the said Commissioner of Public Works shall specify, not exceeding five days, carefully consider the said appeal and decide there- on, and the decision of a majority of said commission shall be final. They shall be paid for their services ten dollars ($10) each. Xo commission named in accordance with this act shall have any power or authority to set aside, or nullify, or alter any of the provisions herein, or order or require any permit to be issued for a building to be constructed otherwise than as herein required. Any applicant for a permit from the Commissioner of Public Works required by this act, whose application has been refused, or any person who has been ordered 'by the Commis- sioner of Public Works to incur any expense, may appeal by giving notice in writing of such appeal. If the appeal shall be from an order refusing permit, it shall be taken within fif- teen days from the refusal of such permit and not thereafter. If the appeal is from an order to take down and remove a dangerous building or structure, or a dangerous wall or walls or any part or parts of any building, it shall be taken within three days from the issuance of such order and not thereafter, computing the time within which an appeal may be taken, the la=t day shall fall on Sunday or on a legal holiday, the appeal shall be taken on the following day. Notice of appeal 673 may be given by leaving the same at the office of the Com- missioner of Public Works, either with the said Commissioner or with a clerk. PART III. Definitions. 1783. Sec. 7. Measurements of height for Buildings and Walls. — The height of buildings shall be measured from the curh level at the center of the front of the building to the top of the highest point of the roof in the case of flat roofs ; and f> >r pitched roofs, one-half the height of the highest gable shall be taken as the highest point of the building. When walls of a structure do not adjoin the street, then the average level of the ground adjoining the walls of the building may be taken instead of the street curh level for the height of such building. 1784. Sec. 8. Measurements for Widths of Buildings. — For the purpose of this Code, the greatest linear dimension ol any building in its depth shall he considered its length and the next greatest linear dimension its width. 1785. Sec. 9. Classes of Buildings. — Buildings of the first class shall he taken to mean and include buildings of fireproof construction throughout. Buildings of the second class shall he taken to mean all buildings not of the first class, the external of parts walls of which an- of brick, stone, iron or other equally substantial and incombustible material. Buildings of the third da--- shall l.e taken to mean all buildings or structure- not of the firs! "i" second classes, the external walls of which are constructed of wood. 1786. Sec. 10. Private Dwellings, Definitions of. — Private dwellings -hall he taken to mean and include all buildings which shall he intended of designed for. of u residence, hut no pan of which structure is u ed a a 8toi for any business purpi 1787. Sec. 11. Apartment Houses. — An apartment In -hall he taken to mean and include every building win. h shall 61 I be intended-or designed for, or used as the home or residence of three or more families or households, living independently i f each other, and in which every family or household shall ha\ e provided a kitchen. Provided, that buildings, the first floors of which are used tores and the upper floors for sleeping rooms, shall be -dered as apartment houses. 1788. Sec. 12. Flat Buildings. — The above definition may refer to Flat Buildings. 1789. Sec. 13. Hotel, Definition of. — A hotel shall be taken to mean and include every building or part thereof, intended, gned for or used for supplying food and shelter to resi- dents or guests, and having a general public dining room or a cafe, or b( »th. 1790. Sec. 14. Office Buildings, Definition of. — An office building shall be taken to mean and include every building which shall be divided into rooms above the first floor, and be intended and used for business purposes. 1791. Sec. 15. Warehouse, Definition of. — A warehouse shall be taken to mean every building used for the storage of merchandise. 1792. Sec. 16. Factory Buildings, Definition of.— A fac- tory building shall be taken to mean every building in which Is, wares, merchandise and articles of general and special utility are manufactured by machinery. 1793. Sec. 17. Public Buildings, Definition of.— A public building shall be taken to mean every building used as a place ssemblage or a place of public resort. 1794. Sec. 18. Frame Buildings, Definition of. — A frame building shall be taken to mean a building or structure, the ex- terior walls of which are constructed of wood. 1795. Sec. 19. Veneered Buildings. — A veneered building- shall be taken to mean a building or structure constructed of wood and the exterior walls of which are sheathed with boards and covered with at least four inches of brick or stonework. 675 1796. Sec. 20. Metal-Covered Buildings, Definition of. — A metal covered building shall be taken to mean every build- ing sheathed with boards on the outside wall and covered with metal. 1797. Sec. 20a. Mill Construction, Definition of.— Mill construction shall be taken to mean a method of construction complying with the following provisions : All wood floor and roof joists, beams and girders shall be exposed and have a sectional area of not less than sixty-three square inches. All wood posts shall have a sectional area of not less than ninety square inches. All floors shall be com- posed of matched plank not less than three and three-quarters inches thick or of a rough floor of matched plank not less than two and three-quarters inches thick and a finished floor not less than seven-eighths of an inch thick, between which shall be laid three thicknesses of water proof or asbestos paper or three-quarters of an inch of mortar. All partitions except for elevator shafts and stairways shall be composed of incom- bustible material or of matched plank not less than two and three-quarters inches thick. All elevator shafts and stair- ways shall be enclosed with brick walls, and all openings into such shafts and stairways and all hatches and openings in floors shall be provided with automatic or self-closing doors or traps composed of incombustible or fire-resisting material. No WOOd studs, furring or lath shall be used. The exp< surfaces of all wood shall be dressed, but shall not be var- nished, shellacked or painted with lead and oil. All structural iron or steel shall be protected a- required for fire-proof build- All windows opening upon courts or alleys less than thirty fret in width shall be provided with standard fire proof shutters or with metal frame and sash glazed with win- or ro prism gla (As amended b) Ord. No. 2375, approved Maj 13, L903 I 67C PART IV. Quality of Materials. 1798. Sec. 21. Brick. — Brick used in all buildings shall be hard, well-burned, solid or hollow brick. When bid brick or stone are used in any wall they shall be thoroughl) cleaned before being used, and shall he whole, good, hard, well-burned brick, or clean and sound quarried . and equal in quality to new brick and stone. 1799. Sec. 22. Sand. — The -and used for mortar in all buildings shall be clean, sharp, grit sand, free from loam oi dirt, and shall not be finer than the standard samples kept in the office of the Commissioner of Public Works. 1800. Sec. 23. Lime Mortar. — Lime mortar shall be made ne part slacked lime and not more than four parts of sand. All lime used for mortar shall be thoroughly burned, of good quality, and properly slacked before it is mixed with the sand. 1801. Sec. 24. Cement Mortar. — Cement mortar shall be made of cement and sand in the proportions of one part of cement and not more than three parts of sand, and shall be used immediately after being mixed. The cement and sand are to be measured and thoroughly mixed before adding water. Cement must be finely ground and free from lumps. Portland cement shall when tested neat, after one day set in air, be capable of sustaining without rupture a tensile strain of at least 120 pounds per square inch, and after one day in air and six days in water, be capable of sustaining without rupture, a tensile strain of 400 pounds per square inch. Cements other than Portland shall, when tested neat after one day set in air. be capable of sustaining without rup- ture a tensile strain of 80 pounds per square inch, and after one day in air and six days in water, be capable of sustaining without rupture a tensile strain of at least 120 pounds per square inch ; said tests to be made under the supervision of the Commissioner of Public Works, at such times as he may • ;;; determine, and a record of all cements answering the above requirements shall be kept for public information. 1802. Sec. 24a. Cement and Lime Mortar. — Cement and lime mortar shall be made of one part of slacked lime, one part of cement and not more than three parts of sand. 1803. Sec. 25. Concrete. — Concrete for foundation shall be made of at least one part of cement, three part-- of sand and five of broken stone, of such size as to pass through a two and one-half inch ring; or good clean gravel may be used in the same proportion and size as the broken stone. The cement sand and stone or gravel shall be measured. All concrete when in place shall be properly rammed and allowed to set without being disturbed. 1804. Sec. 26. Quality of Lumber. — All timbers and wood beams tised in any building shall be of good sound material. free from rot, large or loose knots, shakes or imperfections whereby the strength may be impaired, and of such size and dimensions as the purposes tor which the building is intended require. 1805. Sec. 27. Wrought Iron. — All wrought iron shall be uniform in character, fibrous, tough and ductile. It shall have aii ultimate tensile resistance of not less than Is. nun pounds per square inch, an elastic limit of not less than one-half the ultimate strength per square inch, and an elongation of 20 per cent in eight inches when tested in small specimen-. 1806. Sec. 28. Steel.— All rolled structural steel shall have .-n ultimate tensile strength of not less than 54,000 pounds square inch. Its elastic limit shall not be less than one half the ultimate strength per square inch and a minimum elongation of not less than 20 per cenl in eight inches. Rivets shall have an ultimate tensile strength of not less than 50,000 pounds per square inch, 1807. Sec. 29. Cast Steel.— This shall com,,,,, ,,,,, more than from one quarter to one half of I per cenl of carbon and not over eighl our hundredths of i per cenl of phosphorous; n shall be practically free from holes, and have an ultimate tensile strength of not less than 60,000 pound- per square inch Of section. 678 1808. Sec. 30. Cast Iron. — Shall be made of good foundry mixture, producing a clean, tough, grey iron. Sample bars, five feet long, one inch square, cast in sand molds and placed ipports four feel six inches apart, shall bear a central load of 500 pounds before breaking. Castings shall be free from serious blow holes, cinder spots and cold shuts. Ulti- mate tensile strength shall not be less than 16,000 pounds per square inch when tested in small specimens. PART V. Calculation, Strength of Materials. 1809. Sec. 31. Safe Loads for Masonry Work.— The safe bearing load to apply to brick work shall be taken at eight tons per square foot when lime mortar is used; eleven and one-half tons per square foot when lime and cement mortar mixed is used; fifteen tons per square foot when cement mor- tar is used. The safe bearing load to apply to rubble stone work shall be taken at twelve tons per square foot when Port- land cement is used. When cement other than Portland is used, nine tons per square foot; when lime and cement mortar mixed is used, eight tons per square foot ; and when lime mor- tar is used, six tons per square foot. The word "ton," v/herever used in this ordinance, shall be construed to mean a ton of 2,000 pounds. The safe bearing load to apply to concrete when Portland cement is used shall be taken at fifteen tons per square foot; when cement other than Portland is used, eight tons per foot. 1810. Sec. 32. Computation for Strength of Materials. — The dimensions of each piece or combination of materials re- quired shall be ascertained by computation, according to the rules prescribed by this Code. 1811. Sec. 33. Factors of Safety. — Where'the unit stress for any material is not prescribed in this Code, the relation of allowable unit stress to ultimate strength shall be as one to four for metals subjected to tension or transverse stress; as one to six for timber, and as one to ten for natural or arti- ficial stones and brick or stone masonry. But wherever working stresses are prescribed in this Code, varying the fac- 679 tors of safety- hereinabove given, the said working" stresses shall be used. 1812. Sec. 34. Tests for Materials. — New structural ma- terials of whatever nature shall be subjected to such tests to determine its character and quality as the Commissioner of Public AYorks shall direct ; the test shall be made under the supervision of said Commissioner, or the architect or owner may rile with him a certified copy of the results of tests, such as he may have prescribed, which have been made. 1813. Sec. 35. Strength of Columns. — The working stress- es used for the calculation of cast iron, steel, wrought iron or wood columns, shall be determined by the use of Rankin's formula. Any column eccentrically loaded shall have the stresses caused by such eccentricity computed, and the combined stresses resulting from such eccentricity at any part of the column, added to all the other stresses at that part, shall in no case exceed the working stresses as computed by Rankin's formula. The eccentric load of a column shall be considered to be distributed equally over the entire area of that column at the next point below at which the column is securely braced later- ally in the direction of the eccentricity. 1814. Sec. 36. Working stresses. — The safe carrying ca- pacity of the various materials of construction (except in case of columns) shall be determined by substantially the following working stresses in pounds per smiare inch of sectional area : 1815. COMPRESSION (Direct). Rolled steel in, urn! steel 16,000 Wroughl iron 12,000 • iron (in short blocks) 16,000 Steel pins and rivet s i bearing) is, (too Wrought iron pins and rivets I bearing I 1.5,000 680 \\ ith Across ('.rain Grain 1,000 roo Yellow pine, Washington and Oregon fir 1,100 600 White pine 900 300 Spruce 800 LOO Locust 1,200 1,000 1 femlock S00 300 Chestnut 500 1,000 Ci mcrete ( Portland I cement, 1 ; sand 2 ; stone 4 230 Concrete I Portland) cement, 1; sand, 2; stone. 5 208 rete (Rosendale or equal) cement. 1; sand, 2; stone. 4 125 Concrete (Rosendale or equal) cement. 1; sand. 2: -i' me, 5 Ill Rubble stone work in Portland cement mortar 1-40 Rubble stone work in Rosendale cement mortar Ill Rubble stone work in lime and cement mortar 97 Rubble stone work in lime mortar ]0 Prick work in Portland cement mortar, cement, 1; -and. 3 250 Brick work in Rosendale or equal cement mortar, ce- • ment, 1 ; sand, 3 208 Prick work in lime and cement mortar, cement, 1 ; lime. 1 : sand, 3 160 Prick work in lime mortar, lime, 1, sand, 4 Ill Granites (according to test) 1.000 to 2,000 Limestones (according to test) 700 to 2,300 Marbles (according to test) 600 to 1,200 Sandstones (according to test) 400 to 1,600 Prick (flatwise) 150 to 300 1816. TENSION (Direct). Rolled steel 16^000 Ca>t steel 16,000 Wrought iron 12,000 ' iron 3,OQ0 Yellow pine, Washington and Oregon fir '. 12,000 White pine 800 CM Spruce 300 Oak 1,000 Hemlock 600 1817. SHEAR. Steel pistes Steel shop rivets and pins Steel field rivets Steel field bolts.- Wr< iught in in web plates Wrought iron shop rivets and pins. Wrought iron field rivets Wrought iron field bolts Cast iron With Fiber Yellow pine 70 White pine 50 Spruce • ),) . ..- LOO Oak . . . Locust . 1 Icmlock Chestnut L00 to 9,000 L0,000 8,000 7,000 6,000 7,500 6,000 5,500 3,000 Across Fiber 500 350 320 600 720 275 L50 1818. SAFE EXTREME FIBER STRESS (Bending.) Rolled steel beams L6 Rolled steel pins, rivets and bolts 20 Rolled steel beams (nel flange section) Rolled wroughl iron beams Rolled wroughl iron pins, rivets and bolts Rolled wroughl ifon beams (net flange section) Cast iron, compression side Casl iron, tension side "^ ellow pine. Washington and < Iregon fir White pine Spruce Oak L,ocus1 I 1 em lock ,000 ,000 .1)111) .( ,000 ,000 ,000 ,000 ..-,1)1) .111)11 ,000 ,111) 800 600 L,l 682 Chestnut 800 Granite 180 Limesfc >n< 150 Slate 400 Marble 120 Sandstone 100 rete (Portland) cement 1 : sand 2 ; stone 4 30 Concrete I 1'ortland) cement, 1 ; sand 2 ; stone 5 20 Concrete (Rosendale or equal) cement, 1; sand, 2; stone, 4 10 Concrete (Rosendale or equal) cement, 1; sand, 2; stone. 5 10 Brick (common) 50 Brick ( in cement) . 30 1819. Sec. 37. Wind Pressure. — All structures exposed to wind shall be designed to resist a horizontal wind pressure of thirty pounds for every square foot of surface thus exposed, from the ground to the top of the same, including roof, in any direction. In no case shall the overturning moment due to wind pressure exceed seventy-five per cent of the moment of stability of the structure. In all structures exposed to wind, if the resisting mo- ments of the ordinary materials of construction, such as ma- sonry partitions, floors and connections are not sufficient to resist the moment of distortion due to wind pressure taken in any direction on any part of the structure, additional brac- ing shall be introduced sufficient to make up the difference in the moments. In calculation for wind bracing, the working stresses may be increased by fifty per cent. In buildings under one hundred feet in height, provided the height does not exceed four times the average width of base, the wind pressure may be disregarded. PART VI. Floor Loads and Temporary Supports. 1820. Sec. 38. Floor Loads.— The dead loads in all build- ings shall consist of the actual weight of walls, floors, roofs, partitions and all permanent construction. 683 The live or variable loads shall consist of all loads other than dead loads. Every door shall he of sufficient strength to hear safely the weights to be imposed thereon in addition to the weight of the materials of which the floor is composed; if to be used as a dwelling' house, tenement house, apartment house, hotel or lodging house, each door shall be of sufficient strength in all its parts to hear safely upon every square foot of its surface not less than sixty pounds ; if to be used for office purposes not less than seventy-five pounds upon every square foot above the first floor, and for the latter floor one hundred and fifty pounds ; if it is to be used as a school, or a place of instruction, not less than one hundred pounds upon every square foot; if to be used for stable and carriage house purposes not less than eighty-five pounds upon every square foot; if to be used as a place of public assemblage, not less than one hundred and twenty-five pounds upon every square foot; if to be used for ordinary stores, light manufacturing and light storage, not than one hundred and twenty pounds upon every square foot ; if to be used as a store where heavy materials are to be kepi or stored, warehouse, factory or any other manufactur- ing or commercial purposes, not less than two hundred pounds upon every square foot. The strength of factory floors, intended to cany running machinery, shall be increased above the minimum given in this section in proportion to the degree of vibratory motion liable to he transmitted to the floor, as may be required by the Commissioner of Public Works. The roofs of all build- ings shall be proportioned to bear safely thirty pounds upon every square Foot, measured horizontally, in addition to the weighl of the materials composing the same. For sidewalks over areas the live loads shad be taken to be three hundred pounds upon every square fool measured on a horizontal plane. Vertical supports shall be of sufficient strength to bear safely the weighl of the portion of each and every floor dc pending upon it for support in addition to the weighl required as before stated to be supported safely upon said portion of said floors. 684 For the purpose of determining the carrying capacity of columns in dwellings, office buildings, stores, stables, public buildings and factories, when over five stories in height, a re- duction of the live loads shall be permissible as follows: For the roof and top floor the full live loads shall be used: for each succeeding lower floor it shall be permissible to reduce the live load by five (5) per cent until fifty (50) per cent of the live loads fixed by this section is reached, when such re- duced loads shall he used for all remaining" floors. 1821. Sec. 39. Load on Floors to be Distributed.— The weight placed on any of the floors of any building shall be safely distributed thereon. The Commissioner of Public Works shall require the owner or occupant of any building, or any portion thereof, to redistribute the load on any floor, or to lighten such load where he deems it necessary. 1822. Sec. 40. Strength of Existing Floors to be Calcu- lated. — In all warehouses, storehouses, factories, workshops and stores where heavy materials are to be kept or stored, or machinery introduced, the weight that each floor will safely sustain upon each square foot thereof or upon each varying part of such floor, shall be estimated by a competent person employed by the owner or occupant, said estimate shall be placed in a conspicuous place on each story, or varying parts of each story, of the building to which it relates. Before any building hereafter erected is occupied and used in whole or in part for any of the purposes aforesaid, and before any build- ing erected prior to the passage of this code, but not at such time occupied for any of the aforesaid purposes, is occupied or used, in whole or in part, for any of said purposes, the weight that each floor will safely sustain upon each square thereof shall be ascertained and posted in a conspicuous place on each story or varying part of each story of the build- ing to which it relates. No person shall place or cause or per- mit to be placed, on any floor of any building, any greater load than the safe load thereof, as correctly estimated and ascer- tained as herein provided. - amended by Ord. 2375, approved May 13, 1903.) 685 1823. Sec. 41. Strength of the Temporary Supports. — Every temporary support placed under any structure, wall, girder or beam, during the erection, finishing, alteration or re- pairing of any building or structure or any part thereof, shall be built of sufficient strength to safely carry the load to be placed thereon. PART VII. Excavations and Foundations. 1824. Sec. 42. Excavations. — All excavations for buddings shall he properly guarded and protected by the person, persons or corporations causing same to be made, so as to prevent the same from becoming dangerous to life or limb, and shall be sheath-piled where it may be necessary to prevent the adjoin- ing soil from caving" in by reason of its own weight, or by reason of any load that may rest upon it. 1825. Sec. 43. Depths of Excavations. — The legal depth for excavation to the bottom of footings shall be six feet for dwellings and twelve feet for business buildings, to be meas- ured from the curb level on the party line. Under no circumstances shall the foundations of any building of the first or second class except those erected on solid rock — be less than four feet deep below the finished grade. Provided that any wall erected prior to the passage of this ordinance shall be exempt from the provisions of this sec- ti( in. Whenever an excavation shall be carried to a greater depth than the legal depth above given, it shall be the duty of the person or persons making such, or causing such exca- vation to be made to preserve an) contiguous legal wall or walls from injury ami sustain ami protect ami underpin the .same at his own cost and expense, SO that the said wall or walls shall be and remain as safe, practically, as before such avation was commenced. Me shall give timel) written notice to adjoining property owners of his intention to do and the adjoining propert) owners shall permit the necessary occupancy of their ground ami premise-, so that their walls may be underpinned ami sustained. If such excavation shall 686 not be carrie9 down to a depth greater than the legal depth above given, the owner or owners of such adjoining or con- tiguous wall or walls shall preserve their own walls from in- jury and so sustain, protect and underpin the same that they shall be and remain as safe as before such excavation was commenced, and the said owner or owners of adjoining or contiguous wall or walls shall be permitted to enter upon the premises where such excavation is being' made for that pur- when necessary. If the person or persons whose duty it shall be to preserve or protect any wall or walls from injury as provided above, shall neglect or fail to do so after having had twenty-four hours' notice from the Commissioner of Public Works, then the said Commissioner may enter upon the premises and may furnish such support and protection as the circumstances may require. The expense so incurred may be recovered by the City from the party or parties compelled by law to furnish such support and protection. 1826. Sec. 44. Foundations. — Foundations shall be pro- portioned to the actual loads they will have to carry in the completed and occupied building. Every building except buildings erected on solid rock shall have foundations of brick, stone, iron, steel or concrete laid on the solid ground or level surface of rock, or upon piles or ranging timbers when solid earth or rock is not found. Piles intended to sustain a wall, pier or post shall be driven to a solid bearing if practicable to do so, and the num- ber of such piles shall be sufficient to support the weight to be imposed thereon. No pile shall be. used of less dimensions than five inches at the small end and ten inches at the butt for piles twenty feet or less in length ; and twelve inches at the butt for piles more than twenty feet in length. Xo pile shall be weighted with a load exceeding fifty thousand pounds. When a pile is not driven to refusal, its safe sustaining power shall be determined by the following formula : Twice the weight of the hammer in tons, multiplied by the height of the fall in feet, divided by the least penetration of pile in inches plus one. under the last blow. 681 The Commissioner of Public Works shall be notified of the time when test or initial piles will be driven, that he may be present in person. The tops of all piles in permanently wet earth shall be required to be cut off at least nine inches below footings, and concrete shall be rammed down in the interspaces between the heads of the piles to a depth and thickness of not less than nine inches, and for one foot in width outside of the piles, and the piles properly sealed with nine inches of con- crete on top. Provided, that if pile construction is used under water and ranging and capping timbers are laid on piles for founda- tions, they shall not be less than six inches thick, properly joined together, and tops laid below low water mark. Where metal is incorporated in or forms part of, or the whole of a foundation, it shall be thoroughly protected from rnst by paint, asphaltum and concrete. 1826a. Sec. 45. Pressure under Footings of Foundations. —The loads exerting pressure under the footings of founda- tions in buildings more than three stories in height are to be computed as follows; For warehouses and factory buildings they are to be the full dead load and the full live load estab- lished by section 38 of this code. In stores and buildings for light manufacturing purposes the} are to be the full dead load and sixty per cent of the live load established by section 38 of this Code. In churches, school houses and places of public amuse- menl they are to he a full dead load and fifty per cent of the live load established by Section 38 of this Code. In office buildings, hotels, dwellings, apartment houses, tenemenl lion-.-, lodging houses and stables, they are to he the full dead load and thirty per cenl of the live load estab- lished by Section 38 of this Code. PART VIII. Walls, Piers and Partitions. 1827. Sec. 46. Materials of Walls.— The walls of all build- other than frame or wood buildings shall he constructed of stone, brick, Portland cemenl e. iron, steel or other 688 hard incombustible material, and the several component parts of such buildings shall be as herein provided. All buildings shall be inclosed on all sides with independent or party walls. 1828. Sec. 47. Walls and Piers.— In all walls of the thick- ness specified in this Code, the same amount of materials may be used in piers or buttresses. Bearing walls shall be taken to mean those walls on which the beams, girders or trusses The walk and piers of all buildings shall be properly and solidly bonded together with close joints filled with mortar. They shall be built to a line and be carried up plumb and straight. The walls of each story shall be built up the full thickness to the top of the beams above. All brick laid in non-freezing weather shall be well wet before being laid. All isolated piers shall be built of stone or good, hard, well burnt brick laid in cement mortar. Cap stones not less than seven (7) inches in thickness, or iron plates proportioned in either case to the weight to be carried, and of the full size of the pier shall be set under all columns or girders bearing on said pier's. Isolated piers shall not exceed in height ten times their least dimensions. Where walls or piers are built of coursed stones, with dressed level beds and vertical joints, the said walls or piers shall in no case be less than three-fourths of the thickness provided for brick work. 1829. Sec. 48. Ashlar. — Stone used for the facing of any building shall be of such thickness as to make the walls in- dependent of the ashlar, conform as to thickness with the re- quirements of this Code, unless the ashlar be at least eight inches thick and bonded into the backing, and then it may be counted as part of the thickness of the wall. 1830. Sec. 49. Mortar for Walls and Ashlar.— The back- ing up of all stone ashlar shall be laid up with cement mor- tar, or cement and lime mortar mixed, but the back of the ash- lar may be pargeted with lime mortar to prevent discoloration of the stone. 1831. Sec. 50. Walls for Dwelling Houses.— The expres- sion "Walls for Dwelling Houses" shall be taken to mean and 689 include in this class walls for the following buildings, as de- fined in Part III. "Definition.-": Private dwelling houses and apartment houses. Said walls shall be of the following thickness : Stories Basement Basement High of stone of brick. 1 18" 16" 2 . is" Hi" :: 20" 16" 1 . 24" 20" 5 21" 20" 6 28" 24" ; 30" 24" Stories Upper Stories of Brick. High 1st 2nd 3rd 4th 5th 6th 7th 1 12" 2 .12" 12" :: 16" 12" 12" I 16" 16" 12" 12" 5 20" 16" 16" 12" 12" 6 20" 20" 16" 16" 12" 12" ; 24" 20" 2(»" 1CV' 16" 12" L2" 1832. Sec. 51. Walls for Warehouses. — The expression "Walls for Warehouses" shall be taken to mean and include in this class walls for the following buildings, as defined in Part III. "Definitions": Hotels. Office Buildings, Ware house, Factory Buildings and Public Buildings. Said walls -hall Ik- of the following thickness: Stories Basemenl Basemenl I [igh of stone ( >\ brick. 1 is" Hi" 2 is" L6" :; 20" 2n" 1 2 1" 20" 5 88" 2 1" 6 ::<•" 2 1" 7 32" 90 Stories tjpper Stories of Brick. High 1st 2nd 3rd Lth 5th 6th 7th 1 12" 2 16" 12" :; 16" Hi" 12" I 20" ii;" Hi" L2" 5 20" 16" 16" 16" 12" 6 24" 20" 20" 16" 16" 12" ; 24" 24" 20" 20" 16" 16" 12" All basement walls built of brick shall be laid in cement mortar. If solid buttresses, or if iron or steel pillars, not over L8 feet between centers, with sufficient strength to carry trusses or girders, are used, then the thickness of the walls may be reduced four (4) inches, provided, however, that no brick wall shall be less than twelve inches in thickness. The thickness of walls specified herein and set forth in the tables for the various buildings are intended to apply to all exterior enclosing walls and all such interior walls as may be required for the support of floors and roofs. An increase of four inches in the thickness of walls r.hall be made in all cases wdiere the walls support trussed roofs and are over seventy-five feet long, and where walls for ware- houses and factory buildings are over one hundred and fifty (150) feet long, without masonry cross walls of equal height. All non-bearing walls of buildings of the first and second classes may be four inches less in thickness than the standard thickness; provided, however, that none are less than thir- teen inches thick except as herein specified. Curtain walls may be less in thickness than the standard thickness (see tables in sections 50 and 51) for walls of build- ings of the first and second classes, but no curtain walls shall be less than thirteen inches thick, except in tenement houses where they may be nine inches thick. Churches, public halls, theaters, etc., with trussed roofs or ceiling, and under twenty-five feet high, shall have brick walls sixteen (16) inches thick, over twenty-five feet high and not more than forty-five feet high, twenty (20) inches thick for the first twenty-five feet, and sixteen (16) inches for the remainder; over forty-five feet and not more than sixty feet. 691 twenty-four inches thick for the first twenty-five feet, twenty (20) inches thick for the next twenty feet, and sixteen (16) inches for the remainder. For anything over sixty feet in height the walls shall he increased in thickness proportion- ately. If there be a clear span of over twenty-five feet between the bearing walls, such walls shall be four inches more in thickness than in this Code specified, for every twelve and one-half feet or fraction thereof that said walls are more tban twenty-five feet apart, or shall have instead of the in- creased thickness such piers, iron columns or buttresses as are necessary to sustain the safe load as provided in section 35 of this Code. All basement or foundation walls not resting on solid stone shall have footings to extend at least six inches on either side of wall and not less than eight inches in thickness for dwellings above three stories high, and for all storage and manufactories or public buildings. This footing shall be of flagstone or cement concrete, and in all cases shall be proportioned to the sustaining value of the soil. 1833. Sec. 52. Height of Stories.— The height of stories from floor to floor for all buildings in using the Foregoing tables for thicknesses of walls shall not be more than twelve feet for basement, sixteen feel For the first story and fourteen feet for all stories above the firsl story. An increase of four inches in thickness of walls shall be made for every five feel or fraction thereof in heighl added to the given heighl oi stories. 1834. Sec. 53. Binding of Walls.— Ml rubble masonr) work shall be thoroughly bonded with three-quarter or inll bond. Ledges will be permitted to supporl joists or beams, bnt shall be of sufficienl strength to carrj the load imposed there on. Common brick ill have one course of headers for ai lea ry seven a ■ stretch< 692 1 1 pressed brick are used for Facing they must be bonded to the backing at least every seventh course. Bond shall be established by solid headers, blind headers, or by means of Hie anchors; in all cases where carrying piers are faced with pressed brick, solid headers only shall be used. 1835. Sec. 54. Existing Party Walls.— \\ alls heretofore built or used as party walls, whose thickness at the time of their erection was in accordance with the requirements of the then existing laws, but which are riot in accordance with the requirements of this Code may be used if in good condition for the ordinary use of party -walls, providing" the height of the same is not to be increased. 1836. Sec. 55. Lining Existing Walls. — hi case it is de- sired to increase the height of existing party walls or inde- pendent walls, which are less in thickness than required under this code, the same shall be done by a lining of brickwork to form a combined thickness with the old wall of not less than four inches more than the thickness required for a new wall corresponding with the total height of the wall when so in- creased in height. The said lining shall be supported on proper foundations. Xo lining shall be less than eight inches in thickness, and all linings shall be laid up in cement mortar and thoroughly anchored to the old brick walls, with suitable wrought iron anchors, placed two feet apart and properly fastened or driven into the walls in rows alternating vertical- ly and horizontally with each other, the old walls being first cleaned of plaster or other coatings where any lining is to be built against same. Xo wall shall be lined less than twelve inches in base- ment. \11 linings in basement must project four inches beyond the lining in the first floor; or skeleton steel or iron construc- tion may be used with posts and girders, supporting each story and carried up to full height of proposed building, resting on sufficient foundations as mentioned in section 44 of this code. 1837. Sec. 56. Anchors. — Brick and stone walls on each story above the first floor, including roof and ceiling joists of every building, shall be anchored to joists with substantial 693 wrought iron or steel anchors, spaced not over eight Eeet around the building and securely fastened. In case side walls are built in advance of front walls sub- stantial wrought iron anchors shall be built in side walls at hast every four feet in height. Partition wall joists shall be anchored in a similar man- ner. Where joists are put in existing walls they must be thor- oughly anchored in the same manner. 1838. Sec. 57. Ground Dampness. — In all cases where the nature of the soil is damp or contains water, suitable pro- vision shall be made to carry oft all such dampness or moist- ure by means of drain tiles laid inside or outside of the walls, or both. Such drain tiles shall be connected with a catch basin, or other suitable device, and thence discharged into the house drain. 1839. Sec. 58. Timber in Wall Prohibited.— No timber, except inside lintels, as herein provided ; brace blocks, or w 1 brick not more than eight inches in length shall be used in any wall ni' any building where stone, brick' or iron is commonly used. 1840. Sec. 59. Arches and Lintels. — Openings lor doors and windows in all buildings shall have good and sufficienl arches of stone, brick or terra cotta, well built and keyed with go. id and sufficienl abutments, or lintels of stone, iron or steel of sufficienl strength, which will have a bearing at each end of not less than six inches on Hie wall. ( In the inside of all openings in which lintels shall be less than the thickness q£ tin- wall to he supported there shall be timber lintels, which shall resl at each end, anil shall have a suitable arch turned the timber lintel. Or the inside lintel nia\ he ol iron, or wrought iron or steel, in which i casl iron plates shall not he required al the ends where the lintel rests on the walls, provided the opening is not more than S\X feet in width. 'I'Im rods hall he used where necessar) to secure sta- bility . 694 1841. Sec. 60. Hollow Walls.— In all walls that arc- built a the same quantity of stone, brick or concrete shall be in their construction as if they wire built solid, and no \v> wall shall be built unless the parts of the same arc con- nected by proper ties, either of brick, stone or metal, placed • twenty-four inches apart. 1842. Sec. 61. Hollow Brick on Inside of Walls.— Where hollow tile or porous terra cotta blocks are used as lining or furring for walls, they shall not be included in the measure- ment of the thickness of such walls; provided, however, that iii tli - »f a curtain or non-bearing wall, hard burned hol- tile, at least three inches in thickness, may be used, the same to be laid up with the wall and thoroughly bonded into the same. s amended by < >rd. 2533, approved Oct. 6, 1905.) 1843. Sec. 62. Furred Walls or Chimneys.— In all walls or chimneys furred with wood two courses of the brickwork between the ends and opposite the wood beams shall project the thickness of the furring beyond the inner face of the wall. 1844. Sec. 63. Brick and Hollow Tile Partitions.— Eight- inch brick and six-inch and four-inch hollow tile partitions, or hard-burnt clay, or porous terra cotta may be built not ex- ceeding in their vertical portions a measurement of twenty- five, sixteen and twelve feet, respectively, and in their hori- zontal measurement a length not exceeding seventy-five feet, unless strengthened by proper cross walls, piers or buttresses, or built in iron, or steel frame work. All such partitions shall be carried on proper foundations, or on iron or steel girders and columns, or piers of masonry. 1845. Sec. 63a. Parapet Walls. — All walls, except the ex- terior wall upon one side, of all buildings having flat roofs shall be carried up at least two feet above the roof and coped with incombustible material. 1846. Sec. 63b. Openings in Division or Party Walls. — The Commissioner of Public Works may require all' openings in division or party walls to be provided with single or double automatic or self-closing fire doors whenever in his opinion such doors are necessary. amended by Ord. 2375, approved May 13, 1903.) 695 PART IX. Fire Limits — Buildings Within the Fire Limits and Dangerous Buildings. 1847. Sec. 64. Fire Limits.— All of that part of the City '. Paul embraced within the following described bound- aries shall hereafter be known as the hire Limits of the City of St. Paul. Beginning at a point on the Mississippi river where the center line of Commercial street extended would intersect the channel of said river, thence in a northerly direction along the center line of Commercial street to a point where said line extended would intersect a line drawn 150 feet south of and parallel to the southerly line of East Seventh street, thence in an easterly direction along a line 150 feet south of and par- allel to the southerly line of East Seventh street to the center line of Mope street, thence in a northerly direction along the center line of Hope street to a point 150 feet north of the northerly line of East Seventh street, thence in a westerly direction along a line 150 feet north of and parallel to the northerly line of East Seventh street to a point 150 feet east of the easterly line of Broadway street, thence in a northerly direction on a line 150 feet east of and parallel to the easterly line of Broadwa) streel to the center line of Grove street, thence wesl along the center line of Grove streel to a point I" 11 feel west of the westerly line of Broadway street; thence in a southerly direction along a line 150 fec-t wesl of and par- allel to the westerly line of Broadway street to a poinl L50 feet north of the northerly line of East Ninth street ; thence in a westerly direction along a line L50 feet north of and par allel to the northerly line of East Ninth streel to a point 1 50 east of tlie easterly line of Jackson street; thence in a northerly direction along a line 150 feet east of and parallel to tin- easterly line ,,f Jackson streel to the center line of Thirteenth street; thence in a westerly direction along the enter line of Thirteenth street to a point where said lini tended would intersecl the center line of Robert street ; thence in a southerly direction along the center line of Roberl street to ,-i point where said line would intersecl the center hi' 696 East Summit avenue extended; thence in a westerly direction aiong the center line of East Summit avenue to a point L50 feet east of the easterl) line of Wabasha street; thence in a northerly direction along a line L50 Eeet east of and parallel to the easterly line of Wabasha street to a point where said line would intersect a lino drawn L50 feet east of and parallel t<> the east line of Rice street; thence north along a line 150 feet east of and parallel to the east line of Rice street to a point L50 feet north of the north line of East University avenue; thence west along a line L50 feet north of and par- allel to the north line of University avenue to a point 150 feet west of the west line of Rice street ; thence south along a line 150 feet west of and parallel to the west line of Rice street to a point 150 feet south of the south line of West University avenue : thence east along a line 150 feet south of md parallel to the south line of West University avenue to a point where said line would intersect a line drawn 1">0 feet west ot and parallel to the westerly line of Wabasha street; thence in a southerly direction along a line 150 feet west of and parallel to the westerly line of Wabasha street to the center line of West Summit avenue: thence in a westerly direction along the center line of West Summit avenue to a point 150 feet west of the westerly line of West Third street; thence in a south- erly direction along a line 150 feet west of and parallel to the westerly line of West Third street to a point 150 feet north of the northerly line of West Seventh street; thence in a west- erly direction along a line 150 feet north of and parallel to the northerly line of West Seventh street, to the center line of Ram- et; thence east along the center line of Ramsey I to a point 150 feet south of the southerly line of West nth street : thence in an easterly direction along a line 150 feet south of and parallel to the southerly line of W^est Sev- enth street, to a point 150 feet west of the westerly line of le street; thence in a southerly direction along a line 150 feet west of and parallel to the westerly line of Eagle street, to a point where said line extended would intersect the chan- nel of the Mi»-dssippi river: thence in an easterly direction along the channel of the Mississippi river to a point where the center line of Hyde street extended would intersect said chan- nel ; thence in a southerly direction along said center line ol Kyde street extended to the center line of Fillmore avenue; thence in an easterly direction along the center line of Fillmore avenue to a point 150 feet west of the westerly line of South Wabasha street; thence in a southerly direction along a line 150 feet west of and parallel to the westerly line of South Wabasha street, to the center line of West Isabel street ; thence east along the center line of Isabel street to a poinl 150 feet east of the easterly line of South Wabasha street; thence in a northerly direction along a line 150 feet east of and parallel to the easterly line of South Wabasha stre< the center line of Fillmore avenue ; thence in an easterly direc- tion along the center line of Fillmore avenue to a point L50 feet west of the westerly line of South Robert street; thence in a southerly direction along a line 150 feet west of and par- allel to the westerly line of South Robert street to the center line of Wood street : thence east along the center line of \\ ood street to a point 150 feet east of the easterly line of South Robert streetj thence in a northerly direction along a line-150 Feel east of and parallel to the easterly line of South Roberl street, to the center line of Fillmore avenue; thence in an rly direction along the center line of Fillmore avenue, to .-. poinl where said line extended would intersect the centei line of State street: thence in a northerly direction along the center line of State street to a point where said line extended would intersect the channel of the Mississippi river; thence in an easterly direction along the channel of the Mississippi river to the place of beginning; also", commencing at a point on the center line of Beaumonl streel L50 feel easl of the east hue of Payne avenue; thence north along a line L50 feet id parallel to the east line of Payne avenue, to the center Inn- of Cook streel ; thence west along the center line of Cool* ' to a point I "i" feet west of the west line of |';i\ n. ;i\ fiine ; thence south along a line L50 feel wesl of and parallel to the west line of Payne avenue, to the center hue of Beaumont : : thence cast along the center line of Beaumont street to the place of beginning. Excepting, however, lots one and two, in block 167, of Robertson's Addition to the City of St. Paul. i \s amended by Ord. 8543, approved Dec. 8, L905.) 698 And except, however, the north half (N. }4) of block numbered fifty-five (55), of Kittson's Addition to St. Paul. and that part of what was formerly Willius street, lying west- erly thereof and abutting thereon; and excepting lots num- bered five (5) and six (6), in block fifty-three (53), of Kitt- 5 Addition t<> St. Paul, and that portion of what was for- merly Kittson street, lying adjacent to and abutting thereon. Vs amended by thai. 2547, approved Dec. 22, 1905.) And except, however, blocks numbered thirty-seven (37), thirty-eight (38), thirty-nine (39), forty (40) and forty-one (41), of Kittson's Addition to St. Paul. (As amended by < >rd. 2526, passed by the Council and sent to the Mayor Aug. 5, 1905; returned without his signature, and became in full effect by charter provision.) Except, however, lot thirteen (13), in block fourteen (14), of Arlington Hills Addition. I As amended by < >rd. 2411, approved Dec. 4, 1903.) 1848. Sec. 65. Buildings in Fire Limits. — Xo building or structure, or part of building or structure, except as herein provided, shall hereafter be erected, enlarged, repaired, altered or placed within the Fire Limits of the City of St. Paul unless the exterior and party walls, cornice and appendages of the same are composed entirely of iron, stone, brick, cement or Oilier hard incombustible material, and the rcof of the same is covered with incombustible material. Frame, veneered and metal covered buildings within the Fire Limits, which have not deteriorated or been damaged to the extent of fifty per cent, of their original value, in the opinion of the Commissioner of Public Works, may be altered or repaired, and may be raised for the purpose of placing a foundation thereunder, but no such building shall be increased in size, and no roof shall be repaired or replaced, except it be of incombustible material. Frame, veneered or metal covered buildings within the Fire Limits which have deteriorated or been damaged to the extent of fifty per cent, or more of their original value, in the opinion of the Commissioner of Public Works, shall not be repaired, but shall be demolished upon the order of said Com- 699 missioner. If the owner or owners neglect or refuse to com- ply with an order of the Commissioner of Public Works to demolish a building' as above provided, then said Commis- sioner may enter upon the premises and cause said building in be demolished and removed. A statement of the expenses of such removal, specifying the lots or parcels of land upon which it was incurred, shall be filed by the City Clerk in the office of the Register of Deeds of the County of Ramsey, and shall thereupon become a lien in favor of said city upon such lot or parcel of land. The amount of such expense may be recovered by said city against the owner or owners of said lot or parcel of land, and the lien be enforced in a civil action in any court of competent juris- diction; provided that such statement shall be filed within three months after such expense has been incurred by said city, and that if suit shall not be brought as aforesaid to en- force such lien within one year thereafter, the same shall abate : and. provided further, that said lien shall not obtain before the filing thereof against a bona tide purchaser without notice of such expenditures. Provided that the provisions of this ordinance shall not apply to lot nine (9), in block one (1), of Ewing & Chute's Addition to Saint Paul. (As amended by Ord. 2-'>*~>, approved June 25, 1903.) 1849. Sec. 66. Moving Buildings in Fire Limits. — No frame, veneered or metal covered building shall be moved and placed upon any lot within the Fire Limits, but may be moved and placed upon a lot outside the Fire Limits, providing that such building is made to conform to the provisions of the Building Ordinance, ami a proper permit for its removal is firsl obtained. 1850. Sec. 67. Shelter Sheds, Reviewing Stands, Etc.— Shed- for the shelter of animals, consisting of a wooden Frame, covered with iron or other incombustible material, ami not exceeding ten feet in heighl or five hundred square feel in area, and open upon at lei--! one side, may he erected within the Fire Limits; provided, however, thai if such shed is in- tended for the accommodation of more than four animals, tin- 700 written consent of the owners of all adjoining lots must first ' >tained. Reviewing stands and tem.porar) buildings, for the use of contractors, ma) be erected within the Fire Limits in such place as the Commissioner of Public Works may designate; provided, that plans and specifications must first be filed and approved, and a proper permit obtained therefor, and that the same shall be removed within forty-eight hours upon the order of the Commissioner of Public Works. 1851. Sec. 67a. Dangerous Buildings. — When, in the opin- ion << .ml. The inside of all brick flues shall be built of hard brick, and have struck joints, except when lined with cast iron or tile or where circular flues are built of brick with mortar lining. Stone chimneys shall have walls of not less than eight inches thickness, including linings, and shall have linings four inches thick if of brick; or linings may be of cast iron or tile. Sheet metal smoke flues inclosed in vent flues are pro- hibited. All chimneys shall be topped out at least three feet above the top of the roof at point of contact, if a flat roof, and at least one foot above the ridge of a pitched roof. No chimney flue shall be less than eight inches by eight inches when used as a smoke flue; provided that flues for use as stoves or gas grates may be of less dimension if pipe or tile flue linings are used. Timber of any kind shall not rest on chimney walls, but ii. all cases framing timber shall be kept at least one inch away from the outer face of chimney walls; provided that corbelled brick fire stops shall be used between chimney and joists, as in case of walls. ;u5 All brick smoke "flues, stacks or chimneys hereafter erected, except for dwelling" houses, having" a sectional area greater than two hundred and sixty "square inches, but less than rive hundred square inches, shall be surrounded with walls not less than eight inches in thickness, and shall com- ply in all respects to the requirements of this Code relating to flues in brick walls. Brick smoke flues, chimneys or stacks having a sectional area greater than five hundred square inches shall have hol- low walls in which the combined thickness of the inclosing walls shall be at least twelve inches and the air space between the inner and outer walls shall not be less than two inches. For a distance of two feet below the smoke outlet, and at least ten feet above it, such flue, chimney or stack shall be lined with fire bricks laid in fire clay mortar, together with the opening for smoke pipe. The tops of all smoke flues, chimneys or stacks which may hereafter be erected exceeding a sectional area of one hundred and seventy square inches, except for dwelling houses, shall extend to a height of not less than twelve feet above the roof of the building. Where there are other buildings within a radius of fifty ftet any smoke flue which exceeds five hundred square inches in area shall be carried to a height sufficient to protect such buildings from smoke and gases, or suitable and approved smoke consuming devices may be used to serve the same pur- poses. 1860. Sec. 76. Metallic Chimneys. — Smoke stacks or chimneys built of iron or steel shall be thoroughly anchored or guyed, but shall no1 pass through the floors of a building unles cted by fire-proof walls entirely enclosing the stack or chimney. Where smoke stacks or chimneys of iron or steel pass through the roofs of boiler houses, the roofs shall be protected with a metal jacket . Metallic chimne; loke pipi hall nol be used inside of any building in such manner as to pass through the floor or roofs f >\ the same unless properly protected. 1861. Sec. 77. Metallic Smoke Flues. — Where metallic smoke pipes of a dimension of twelve indies or less pass 706 through a wood or plastered stud partition they shall be sur- rounded either by a body of brick, hollow tile or porous terra i, or other incomBustible substance, measuring at least inches all around such smoke pipes. Or they shall be surrounded by a sheet metal thimble made of two concentric rings at least two inches apart, and the entire thimble so con- structed that there will he a free circulation of air between the two rings forming the same. Metallic smoke lines of less diameter than twelve inches, placed horizontally, shall be kept at least twelve inches dis- tant from any woodwork, and immediately over and for a dis- tance of one foot on each side of such smoke pipe the wood- k must be covered with sheet metal, porous terra cotta, hollow tile or plaster. Metallic smoke pipes of greater diameter than twelve inches, and less area than six square feet, must be kept at least sixteen inches away from any woodwork, and such wood- work must be protected as before specified for the smaller smoke pipes to a distance of three feet on each side of such smoke pipe. Whenever metallic smoke pipes of larger area than six square feet are used, they shall be kept at least two feet dis- tant from any woodwork, and such woodwork for a distance of at least four feet on each side of such smoke pipe shall be protected as before specified for smaller pipes. 1882. Sec. 78. Isolated Smoke Stacks.— Isolated smoke stacks for steam boilers, smelting furnaces, and all others used for similar purposes, shall have foundations of brick, concrete or stone, all above the foundation shall be built of brick, stone, terra cotta, iron or steel. All foundations shall start from solid ground, and if not on solid rock, shall not be less than five feet deep and built up solid to at least one foot above the ground, of either Portland cement, concrete brick, or dimen- sion stone. All. brick or stone for foundations shall be laid in cement mortar; one part of cement and three parts of sand. The foundation shall be six inches more in width on each side for every foot in depth. The load on foundations, except on solid rock, shall not exceed two tons per square foot. All chimneys, where the flues are heated to high temperature. 707 shall be built of double walls of suitable thickness for the temperature, with an air space between the walls. These walls must be bonded together by means of wing walls, on each side to the height of the breeching, from there each wall must be built separate and not tied together. The inside four (4) inches of the flue shall be built of fire brick to a height of fifteen (15) feet above the breeching and to commence two feet below the breeching and bonded to the backing every seventh course. The lower part or base of the chimney may be built plumb to a height of thirty (30) feet and from there the upper part shall be built to a batter of at least three-tenths to the foot. The top of such chimney shall be capped off with terra cotta, stone or cast iron. Every chimney shall be provided with a cleaning door, and an iron ladder either on the inside or outside of the chimney to the top of the same. All bricks used to be best assorted sewer bricks, laid in lime or cement mortar. All fire brick shall be laid in fire clay. All openings for breeching over three feet in width shall be arched or guarded against crushing by the introduction of steel "I" beams laid in the wall over the opening in such a manner as to prevent the fire striking them. Wrought iron or steel stacks shall have iron or steel base plates resting on foundations of brick, stone or concrete. Iron rods shall be built into the Foundation for the purpose of fast ening the stack, which shall be braced al hast every fifty feet in heigh] from three sides by mean el wire ropes or rods of sufficient strength. Rolled iron or steel used in building such a stack shall be not less than tin eenths < :; L6) of an inch (hick. All such stacks containing twelve thousand square inches or over in area shall be lined with fire brick, laid in fire clay, to a lit of at leasl twenty five feel above breeching. The top li chimni moke stacks shall extend to a heighl of nol less than twelve feel above any roof within a radius of fifty feel thereof, and if sha >r sawdust is used as fuel, shall be covered on top with a heavy wire net ting. 708 1863. Sec. 79. Chimneys of Cupolas. — Iron cupola chim- lundries shall extend at least ten Feet above the high- of any roof within a radius of fifty feet of such la, and be covered on top with a heavy wire netting-. Xo 'work shall be placed within a radius of two feet of the cupola. 1864. Sec. 80. Hearths. — All hearths shall be supported by trimmer arches of brick, stone, iron or concrete, or be of single -• -ix inches thick, built into the chimney and sup- ported by iron beams, one end of which shall be securely built the masonry of the chimney or an adjoining wall, or which shall otherwise rest upon incombustible support. The brick jambs of every fireplace or grate opening shall be at least eight inches wide each, and the back of such open- g -hall be at least eight inches thick. All hearths and trim- mer arches shall be at least twelve inches longer on each side than the width of such openings, and at least twenty inches wide in front of the chimney breast. Brick work over fire- places and grate openings shall be supported by iron bars, or brick or stone arches. All hearths upon which brick-set or large portable ranges are intended to be set shall be built of brick, slate or cement, and shall extend at least twelve inches beyond the face of the range. 1865. Sec. 81. Tops of Furnaces. — Tops of furnaces set in brick must be covered with brick, slate or metal, supported by iron bars, and so constructed as to be perfectly tight; said covering to be in addition to and at least six inches from the ordinary covering to hot air chambers. The tops of all heat- ing furnaces not set in brick shall be at least ten inches below the joists or ceiling, with a shield of metal plate made tight and suspended below the said joists or ceiling at least three inches, and extended beyond the furnace at least one foot on all sides. 1866. Sec. 82. Boilers Placed. — Xo boiler to be used for steam or motive power shall be placed on any floor above the cellar floor unless the same is set on non-combustible beams and arches, or an incombustible platform. 709 1867. Sec. 8.3. Hot Air Registers. — All hot air registers set in the floor of any building" shall be set in a border of fire- proof material, and all the floor or register boxes to be made of sheet metal, with flange on top to fit the groove in the border, the register to rest upon the same, and there shall further be an open space of at least one inch on all sides of the register box, extending from the under side of the ceiling to the border of the floor, the outside of the space to be cov- ered with a casing of metal, made tight on all sides, and to extend from the under side of the aforesaid ceiling up to and turn under the said border. 1868. Sec. 84. Hot-Air Pipes.— Pipes used for the distri- bution of hot air shall be of metal or non-combustible material, and when inclosed in wood partitions shall* be double, with an air space of at least one-half inch between the inner and outer pipes ; or if single they shall be covered with asbestos, and be kept one-half inch away from all woodwork ; such woodwork to be tin clad, and the plastering inclosing such pipes to be on metal lathing. If wood lath is used there shall be a space of not less than one inch, and between the pipes and lathing there shall be placed tin shields. Provided, that this shall not apply tc pipes leading from heater to hot air flue. 1869. Sec. 85. Steam and Hot-Water Heating Pipes.— Steam and hot-water heating pipes shall not be placed within one inch of any timber or woodwork, unless the timber or woodwork is protected by a metal shield, then the distance shall nol be less than one half inch. All steam or hoi water rig pipes passing through floors and ceilings, or huh and plastered partitions, '-hall he protected by a metal tube one halt" inch in diameter larger than the pipe, having a metal can to tin- floor and ceiling, and where tiny run in a horizontal direction between the floor and ceiling, a metal shield -hall laced on the under side of the Boor over them, and on the sides oi wood beams running parallel with said pipe; or said horizontal pipes -.hall he covered with sectional pipe covering leasl three quarters oi an inch thick'. All wood boxes or casings inclosing -team or hoi water heating pipes, and all wood covers t" recesses in wall ; lo which steam or hot water heating pipes are placed, shall be lined with metal, or said pipes shall be covered with sectional pipe covering at least three-quarters of an inch thick. \11 pipes or ducts used to convey air warmed by steam or hoi water shall be of metal or other fire-proof material. All steam and hoi water pipe coverings shall consist of fire- materials only. 1869a. Sec. 86. Stoves and Ranges. — Where stoves or ranges are set upon combustible floors, except in dwelling houses, they shall be so set as to leave an air space between them ami the floor, and the floor shall be protected by sheet metal. No stove, range, oven or heating apparatus shall be used hi any hotel, theater, hospital, school, hall or other building which is occupied by more than fifty persons until the same shall be examined and approved by the Commissioner of Pub- lic Works, who shall issue his certificate to the effect that said stove, range, oven or heating apparatus conforms to the re- quirements of this Code. All brick-set or large portable ranges shall be set on hearths of brick, slate or cement, the said hearths to extend at least twelve inches beyond the face of the range. No brick-set portable range, or heating apparatus of any kind, shall be set against a wood or lath-and-plaster partition. 1870. Sec. 87. Ash Boxes. — All receptacles for ashes shall be noncombustible material. PART XIV. Gas, Water and Steam Pipes. 1871. Sec. 88. Gas and Steam Pipes. — Every building, other than a dwelling house, hereafter erected, and all factories, hotels, churches, theaters, school houses and other buildings of a public character now erected in which gas or steam is used for lighting or heating shall have the supply pipes lead- ing from the street mains provided with a stopcock placed in the sidewalk at or near the curb, and so arranged as to allow of shutting off at that point. 711 Xo gas, water or other pipes which may be introduced into any building shall be let into the joists or beams unless the same be placed within thirty-six inches of the end of the beams, and in no building shall the ends of said pipes be let into the joists or beams more than two inches in depth. 1872. Sec. 89. Gas Brackets and Lights. — Xo gas bracket on any lath and plaster partition or woodwork shall be less than five inches in length, measured from the burner to the plaster surface of the woodwork. Gas lights placed near win- dow curtains shall be properly protected by a proper shield. PART XV. Miscellaneous. 1873. Sec. 90. Grain Elevators. — Nothing in this Code shall be so construed as to apply to or prevent the erection of what are known as grain elevators, as usually constructed ; provided, that elevators whose exterior walls are constructed of wood shall not be built within the fire limits. 1874. Sec. 91. Temporary Buildings. — Temporary struc- tures shall be taken to mean and include platforms, stands, election booths, temporary buildings for fair exhibition and convention hall purposes. 1875. Sec. 92. Convention Halls, Etc. — Temporary build- ings or structures for fair exhibition or convention hall pur- poses may be erected of frame construction in fire limits, pro- viding the details of the construction conform to tin- condi- tions laid down in this Code and providing said Structures shall be removed within six months from the date permit is issued, or sooner, upon the order of the Common Council. 1876. Sec. 93. Temporary Buildings for use of Builders. — Temporary one-story frame buildings may be erected for the use of builders within the limits of lots whereon buildings are in course of erection, or on adjoining vacanl lots upon permits by the Commissi* mer i >f I 'ublic W*< u I 1877. Sec. 94. Smoke Houses. — Smoke ho fire-proof construction. 712 1878. Sec. 95. Drying Rooms. — All walls, ceilings and partitions inclosing drying rooms, when not made of fire-proof rial, shall be wire-lathed and plastered, or covered with metal, tile or other hard incombustible material. 1879. Sec. 96. Bake Ovens. — Bake ovens are to rest on solid foundations or metal beams and columns, the sides and ends shall be at least two feet from any woodwork, and the crown of arch at least four feet from ceilings that have wood The hearth in front of bake oven shall extend at least three and one-half feet beyond the face of said oven. 1880. Sec. 97. Signs, Bay, Oriel and Show Windows.— (A) Bay, oriel and show windows, signs and other obstruc- tions, except as hereinafter provided, shall not project beyond the property line of any building, wall or fence. Xo sign, or part of a sign, except as hereinafter provided, shall project more than one foot beyond the property line, and no sign, or part of a sign, projecting more than one foot ind the property line shall be less than ten feet above the sidewalk or curb line. In no case shall any sign project be- yond the sidewalk line. Projecting signs shall be taken to mean all signs any part of which projects more than one foot beyond the property line. Roof signs shall be taken to mean all signs erected or placed upon the top of any building, wall or fence. 1881. (B) No person, firm or corporation shall hereafter carry on the business of sign hanging, or engage in the erec- tion or placing of signs upon any building or other structure within the City of St. Paul without first having obtained a license so to do from the Commissioner of Public Works. Every person, firm or corporation making application for a license to carry on the business of sign hanging shall accom- pany such application with a bond, with two or more sureties, or some surety company satisfactory in form to the Corpora- tion Attorney, and approved by the Mayor of the City of St. Paul, in the sum of $5,000, conditioned that said applicant will indemnify and save harmless the City of St. Paul from any and all charges, costs, expenses, judgments or damages caused 713 by reason of any negligence upon the part of said applicant or any servant or employe thereof, or by the use of any insuf- ficient or insecure support or attachment, or improper, unsuit- able or unskilled workmanship in the erection or placing of any sign, or any part of any sign, that may be erected or in- stalled by said applicant. Upon the filing with the Commis- sioner of Public Works the bond as above provided, with an agreement to obey all provisions of the Charter of the City of St. Paul, and all ordinances thereof, and the rules and regula- tions of the Commissioner of Public Works, with respect to sign hanging, it shall then be the duty of said Commissioner of Public Works to issue a license to said applicant to carry on the business of sign hanging. No license as above provided shall be granted for a longer period than one year. The Commissioner of Public Works shall have power and authority, whenever in his opinion any licensed sign hanger has violated any of the provisions of the charter or ordinances of the City of St. Paul, or the rules and regulations of said Commissioner of Public Works, to suspend or revoke such sign hanger's license, and no other license shall be granted to said sign hanger within one year after his license has been so revoked. Tt shall hereafter be unlawful for any person, firm or cor- poration except a licensed sign hanger to erect or place any sign exceeding two square Feel in superficial area or ten pounds in weight upon the outside or top of any building or other structure within the City of St. Paul. 1882. 97c. No person, firm or corporation shall I after erect, place or maintain a projecting or roof sign within the City of St. Paul without having firsl obtained a permi to do from the Commissioner of Public Worl An application for a permil to ereel and maintain a pro jecting or roof sign shall be made upon a form provided 1>\ the Commissioner of Public Works, and shall tate, among other things, the location and owner of the building or other strut ture upon which said proposed sign is to Be erected or placed. the distance said proposed sign is to extend beyond the prop ert\ line, or above the top of said building or other structure, : i i the dimensions of said proposed sign, and the distance from the lowesl pari of said proposed sign to the sidewalk or curb line, and if any material statement in said application is false or misleading, any permit granted in accordance therewith or pursuant thereto shall be null and void. Said application shall signed by the owner of said proposed sign, and shall be npanied by a bond in the sum of $5,000, with two or more sureties, or some surety company, satisfactory in form to the Corporation Attorney, and approved by the Mayor of the City of St. Paul, conditioned that said applicant will indemnify and save harmless the City of St. Paul from any and all charges, costs, expenses, judgments or damage caused by reason of the erection and maintenance of said sign ; provided, however, that any person, firm or corporation may furnish a bond as above provided covering all signs erected and maintained by said person, firm or corporation in a sum equal to $5,000 for the first sign and $1,000 for each additional sign so erected and maintained, but in no case shall a bond of more than $20,000 be required. Upon the filing with the Commissioner of Public Works the bond as above provided, said Commissioner of Public Works shall issue to said applicant forthwith a permit in ac- cordance with the application above provided for. Xo such permit shall be granted for a longer period than one year, but upon its expiration may be renewed upon the same terms as above recited, under which it was first granted, unless the Common Council should otherwise ordain. The Commissioner of Public Works may from time to time adopt such rules and regulations governing the erection and maintenance of signs as he may deem necessary. - amended by Ord. 2375, approved May 13, 1903.) 1883. CD) All existing signs shall be made to comply with the provisions of this ordinance and the rules and regu- lations of the Commissioner of Public Works, and permits as herein provided shall be obtained for all projecting and roof signs within thirty days after the passage of this ordinance, and all signs in violation of the provisions of this ordinance, or the rules and regulations of the Commissioner of Public Works, after the expiration of said thirty days are hereby 715 declared to be a public nuisance, and shall be removed by the Commissioner of Public Works. 1884. i E) Any person, firm or corporation maintaining" a sign in violation of any of the provisions of this ordinance, or of the rules and regulations of the Commissioner of Public Works, shall be guilty of a misdemeanor, and shall, upon con- viction, be punished by a fine not to exceed one hundred dol- lars, or, upon default in the payment of such fine, by impris- onment not to exceed ninety days in the workhouse of the City of St. Paul, aritl each and every day such sign is main- tained in violation of law shall constitute a separate offense, except as herein provided. (As amended by Ord. 2354, sent to Mayor Feb. 20, 1903 ; not signed, but became effective through charter.) 1885. Sec. 98. Signs and Awnings. — No wooden sign shall be more than two feet wide. Where awnings are attached to buildings the frame work shall be of metal. No awning shall be supported on permanent iron or other supports extending to and resting in the sidewalk in front of any building, but said awnings shall be supported on iron or steel frame work secured to the building, and no part of the same shall be nearer the sidewalk line than eight feet. 1886. Sec. 99. Balconies, Etc. — Balconies may be placed on buildings projecting. beyond the lot line over the sidewalk, but in no case shall said balconies project more than four feet beyond the line of the street, nor be used below the third floor level; provided, that inside the fire limits said balconies shall be built of incombustible material, and provided that in all case- said balconies shall have supports of incombustible material. No open areas, cellar doors, porches, steps or other ob Blructions in street sidewalks arc permitted. Dormer windows, cornices, mouldings, towers, spires or ventilators, when used inside the fire limits on any building, shall be of incombustible material, or wood enveloped with metal or other incombustible material. ; 16 L88? Sec. 99a. No building of any kind, nature or cle- scription whatsoever shall be constructed nearer than thirty to the inside sidewalk line of any lot fronting- on that cer- tain vard and parkway known as Summit avenue, in the City of Si. Paul, between Selby avenue and Cleveland avenue; provided, however, that this shall apply only to the line oi the main building to be erected, and not to projections in the nature of balconies or bay windows, but such projec- tions, however, shall not be nearer than twenty-five feet to the inside sidewalk line. As amended by Ord. 2323, approved Oct. 23, 1902.) 1888. Sec. 100. Rain Water Leaders.— All buildings shall be kept provided with proper metallic leaders for conducting water from the roofs in such manner as shall protect the walls and foundations of said building from injury, and shall be con- nected with the street sewer if there is one on the street. The said leaders must be placed so that no water is allowed to flow upon the sidewalk. 1889. Sec. 100a. Iron and steel columns and girders used to support any wall, except a wall fronting on a street, shall be protected as required in fire-proof buildings. - amended by Ord. 2375, approved May 13, 1903.) PART XVI. Stables. 1890. Sec. 101. Private Stables. — Private stables may be built upon the rear of any lot, but the same shall be at least six- • Eeet from any street line, and shall be at least twenty feet irom any other building used for residence purposes, unless the owner of such residence building shall give his written con- to the same being otherwise constructed, and no building already or hereafter constructed within twenty feet of any nee building, or any building which may hereafter be removed to a new location within such distance of a residence building, shall be converted to use as a private stable without like consent of the owner of such residence building. amended by Ord. 2418, approved Jan. 11, 1904.) I 1 . 1891. Sec. 102. Livery, Sale and Boarding Stables and Ice Houses. — No livery, sale or boarding stable, or ice house, shall be erected, located or constructed in any block laid oft" in lots, it the lots fronting on the same street as the lot or lots en which said stable is to be located are occupied by resi- dences, or intended for residence purposes, and are equal to or exceed one-half of the entire frontage of said block on said street, unless consent is obtained from two-thirds of the prop- erty owners within a distance of one hundred feet on the sides, rear and front of the lot on which said stable building" or ice house is to be located. In no case shall a livery, sale or boarding stable, or ice house be located, erected or constructed within forty feet of any adjoining lot, unless the owner of the said adjoining lot has consented thereto in writing. And no building already wholly or partially constructed, in such location as to bring it within the foregoing provisions of this section, shall hereafter be converted to use as a livery, sale or boarding stable, or ice house, without like consent of the owner or owners of property in the vicinity, as hereinbe- fore required; nor shall any building already or hereafter con- structed be removed and devoted to any of the aforesaid uses without like consent of property owners when such new loca- tion is within the application of this section. | As amended by Ord. 2118, approved Jan. 11, 1904.) 1892. Sec. 103. Permits for Erection of Stables, Etc.— No permit shall be issued for the erection of any livery, sale or boarding stable, or ice house, intended to be used as such, located at a place where the conducting of such business would be unlawful under the terms of tin's Code. 1893. Sec. 104. Exits from Stables.— Every livery stable, aide in which animals arc kept in Stalls for sale or while boarding, shall have an exil al each end thereof, and of not than >ix feel in width, and wherever necessary there shall be runways or inclines so arranged as to be of use in taking animaK. from the building, and which shall nol be less than six- in width, and no exil shall be blockaded b) wagons or other vehicles. 5 is \\ hen animals are kept in Basement or on second story, s, doors or inclines must be provided. Such basements shall be well lighted and ventilated and m rlv drained, and. where possible, connected with sewer. 1894. Sec. 105. Buildings Moved Outside of Fire Limits. \n\ building may be removed from one lot to another out- side the fire limits, but any new work must be in compliance with this Code. 1895. Sec. 106. Buildings Moved by Licensed House Mov- ers. — Xo person except a licensed house mover shall remove any building within the city limits, and every such person shall annually, before engaging in said occupation, obtain a license from the Mayor, and no such license shall be granted until the party applying therefor shall have given a bond in the sum of one thousand dollars, with good and sufficient sure- 10 be approved by the Corporation Attorney, conditioned, among other things, that said party will pay any and all dam- ages which may happen to any tree, pavement, street, side- walk, or any telegraph pole, or wire, belonging to the City of St. Paul, whether said damages or injury shall be inflicted by said party or his agents, employes or workmen ; and condi- tioned, also, that said party will indemnify and save harmless the City of St. Paul against all liabilities, damages, costs and expenses which may in any wise accrue against the City of St Paul in consequence of the granting of such permit or license, and conditioned that he will in all things strictly com- ply with the terms of his permit. 1896. Sec. 107. License. — Upon execution of said bond, and its approval by the Corporation Attorney, a license shall be issued, and the said licensed person shall in each and every instance, before removing any building, obtain a permit to do r rom the Commissioner of Public Works, stating spe- cifically all the conditions, prescribing the route to be taken, and limiting the time for the removal. 719 PART XVII. Fences and Billboards. 1897. Sec. 108. Fences. — Xo person, firm or corporation shall hereafter construct or erect, or cause to be constructed or erected, in the City of St. Paul, in front of or along the line of any lot, piece or parcel of land, or to be used as a divi- sion fence between adjoining property, or adjoining any or either of the streets, avenues or other public property of the City of St. Paul, any tight board, iron or picket fence exceed- ing six (6) feet in height, above the sidewalk or the surface of any lot or parcel of ground. (As amended by Ord. 2458, approved July 29, 1904.) 1898. Sec. 109. Billboards. — Xo person, firm or corpora- tion shall hereafter construct or erect, within the limits of said City of St. Paul, in front or along, or within ten feet of the line of any lot, piece or parcel of land, and adjoining any or either of the streets, avenues or other public property of the said city, any billboard or other structure for posting or ex- hibiting advertisements of any kind, or shall hereafter keep or maintain any such billboard or other structure now so built or constructed, without first having obtained from the Com- missioner of Public Works a permit to construct or erect such billboard or other structure aforesaid. No billboard shall be over ten feet high above grade of lot. when placed ten feet or more back from the lot line, nor more than twelve feet high above street grade when placed nearer than ten feel Ir* im the li >\ line. 1899. Sec. 110. Bond. — At the time said permil is secured said part) or parties shall deposil with the Commissioner of Public Work- a bond duly executed with sufficienl sureties, conditioned i" save said city harmless from all damages or injury that -aid city may incur by reason of said billboard or boai Each bond shall he approved by the Corporation Attor ncy, and shall he in the sum <>f two thousand dollars for ami every billboard erected or maintained under the provi of this Code. 720 Provided, however, that any person or persons may exe- tc the City of St. Paul a bond in the sum of twenty-five -,m>! dollars, which shall cover all billboards erected or maintained by said person or persons. PART XVIII. Stairs and Entrances. 1900. Sec. 111. Stairs. — Tn all buildings erected or altered for use as a store, factory, hotel or lodging house, covering a lot area exceeding five thousand square feet, and not exceed- - vcn thousand five hundred square feet, there shall be pro- vided at least two continuous lines of stairs, remote from each -other, and every such building shall have at least one continu- ous line of stairs for each five thousand square feet of lot area covered, or part thereof, in excess of that required for seven thousand five hundred square feet of lot area. When any such building covers an area of lot greater than fifteen thou- sand square feet, the number of stairs shall be increased pro- portionately. All stairway exits in hotels and lodging houses contain- ing accommodations for thirty or more guests must be dis- tinctly located by proper signs and by a red light at night. (As amended by Ord. 2446, approved May 19, 1904.) 1901. Sec. 112. Engineer's Stationary Ladders. — Every building in which boilers or machinery are placed in the cellar or lowest story shall have stationary ladders or stairs from such story leading direct to manhole above, on the side- walk or other outside exit. 1902. Sec. 113. Entrance to Basement. — Whenever the ment or cellar of a building is used for a salesroom or for manufacturing purposes, it shall have a staircase at least three feet wide leading direct to street or outside for every five thousand square feet of lot area, or part thereof, covered by the same, and shall have at least one continuous line of stairs for each five thousand square feet of lot area, or part thereof, covered in excess of that required for five thousand square feet of area. 721 1903. Sec. 114. Stairs in Apartment Houses. — Every apartment house, tenement house and dwelling" over two stories in height shall be provided with at least two distinct and separate stair cases. 1904. Sec. 115. School Buildings Stairs. — School build- ings, if more than one story in height, and having more than three rooms above the first story, shall have at least two sepa- rate and distinct stairways, as far remote from each other as practicable. PART XIX. Skylights and Floor Lights. 1905. Sec. 116. Skylights.— All skylights having a super- ficial area of more than nine square feet shall have, immedi- ately underneath or above the glass, a wire netting, to be made of wire not smaller than Xo. 8, and to be netted to not more than one and one-half inch mesh, unless the glass contains a wire netting within itself. 1906. Sec. 117. Floor Lights. — Floor lights used for trans- mission of light to floors below, shall be constructed cither of metal frames and bars or plate; and if any glass in the same measures more than sixteen square inches, the said glass shall be provided with a mesh of wire, cither in the glass or under the same, and the floor lights shall be of the same proportional strength as the floors in which they arc placed, or else a rail- ing four feet high shall be built around the same. 1907. Sec. 118. Scuttles. — All buildings over two stories in height shall have scuttles in roof, covered with incombusti- ble material, and ladders or stairs leading thereto from the floor below. No scuttle shall be less in size than twenty inches by thirty inch The lid to any scuttle shall not be locked in any wa\ Cepl with an ordinary bolt or hooks, which can he withdrawn without the use of a key. 1908. Sec. 119. Photographer's Skylights. — Photograph- skylights may be constructed without win- nettin metal and plate gla ed. 722 1909. Sec. 120. Green Houses. — May be constructed in the usual way, provided, that if they are located in fire limits they shall have metal frames and bars, and wire netting shall be required. PART XX. Fire Escapes. 1910. Sec. 121. Fire Escapes. — Every building- (except private dwellings) three stories or more in height, if not of tire-proof construction, shall be provided with stair fire-escapes in the following" ratio: All buildings of the warehouse or factory class shall have at least one fire escape, and shall be provided with one additional fire-escape for every one hun- dred persons employed above the first floor. Every public hall located above the second story shall have one fire-escape for every two thousand superficial feet of area, or fraction thereof, contained in said hall. Every hotel, lodging house, flat build- ing and tenement house containing one or more families fn each story, and being three stories or more in height, shall have provided fire-escapes. Said fire-escapes must be so arranged as to be accessible from hallways, and must be indicated by proper signs, and by a red light at night. (As amended by Ord. 2446, approved May 19, 1904.) Provided, however, that if such apartment house, tene- ment house or hotel has two distinct stairways, one of them entering from the street and the other from the extreme oppo- site side or rear of the building, or on the outside in the rear, the same will not require a fire-escape, unless they are four stories or more in height, in which case they shall be provided with fire-escapes as heretofore described. All fire-escapes must be kept in good repair at all times, and free from snow and ice, obstructions or incumbrances of any kind whatsoever. 1911. Sec. 122. Platform and Stairs.— Platform and stairs of fire-escapes shall be constructed of iron or steel of per- forated pattern. In no case, shall less than four slats be used to a tread. • 723 Stairways must be designed, constructed and erected to safely sustain in all their parts a safe load of one hundred pounds per square foot. Treads shall not be less than six inches wide, and the rise not more than ten inches. The stairs in all cases must not be less than twenty-four inches wide. The platform shall consist of iron balconies not less than two feet in width from the face of the wall, and four feet in length, connected with iron stairways and provided with drop ladder from the lowest balcony, where the distance from the ground shall not exceed eight feet. Stairways to extend from > balcony to balcon)^ and a ladder shall extend from the highest balcony to the roof, where it shall be securely fastened. 1912. Sec. 123. Railings. — The railings of the balconies and stairs must be properly secured to the walls, balconies and stairs with bolts, nuts and washers, and shall consist of at least two rails. The outside top railing to extend around the entire length of the platform and through the wall at each end, and shall be properly secured by nuts and washers, or otherwise equally well braced and bolted. The top rail of the balcony must not be less than one and one-half inch pipe iron, or material equally as strong. The bottom rail must not be less than one-inch pipe iron, or material equally as strong, bolted through the wall. 1913. Sec. 124. Brackets. — Brackets supporting the lire- escapes must go clear through the wall, and be bolted On the inside. Brackets shall be furnished with washers, bolts and nuts complete. 1914. Sec. 125. Stand Pipes. — Stand pipes, with hose con- ions, must go to the top of the roof, and 1"' provided on all buildings five stories or more in height. PART XXI. Fire-Proof Buildings. 1915. Sec. 126. Fire-Proof Buildings.— Every building hereafter erected or altered, to be u ed a a theater, jail, police station, public hospital, public asylum or institution of any kind for the care or treatmenl of p< r oni . and every other iyo i building over six stories in height, except as herein provided, shall be built fire-proof, that is to say, they shall be constructed with walls of brick, stone. Portland cement, concrete, iron or in which wood lintels shall not be placed, and in which the floors and roofs shall be of materials provided for in sec- if this Code. 1916. Sec. 127. Material in Stairs. — The stairs and stair- way landings shall be built entirely of brick, stone, Portland cement, concrete, iron or steel. 1917. Sec. 128. Partitions, Etc. — No constructive wood- work or other inflammable materials shall be used in any of the partitions, excepting, however, when the height of the building does not exceed twelve stories, nor more than one hundred and fifty feet, the doors and windows, and their frames, the trims, the casings, the interior finish when filled solid at the back with fire proof material, and the floor boards and sleepers directly thereunder, may be of wood ; but the space between the sleepers shall be solidly filled with fire- proof materials, and extend up to the under side of the floor boards. When the height of a fire-proof building exceeds twelve stories or more than one hundred and fifty feet the floor sur- faces shall be of stone, cement, rock, asphalt, tiling or other similar incombustible material; or the sleepers and floors may be of wood treated by some process, approved by the Commis- sioner of Public Works, to render the same fire-proof. All hall partitions, or permanent partitions between rooms, in fire- proof buildings shall be built of fire-proof material, and shall not be started on wood sills, nor on wood floor boards, but shall be built upon the fire-proof construction of the floor, and to extend to the fire-proof beam filling above. 1918. Sec. 129. Fire Proof Floors.— When the fire-proof floor shall be constructed with wrought iron or steel floor beams or girders so arranged as to spacing and length of beams that the load to be supported by them, together with the weights of the materials used in the construction of the said floors, shall not cause a greater deflection of the said beams than one-thirtieth (1-30) of an inch per foot of span 725 under the total load; and they shall be tied together at inter- vals of not more than eight times the depth of the beam, and all columns or beams adjoining the outside walls shall be properly anchored to said walls at similar distances. Between the wrought iron or steel floor beams shall be placed brick arches springing from the lower flange of the steel beams. Said brick arches shall be designed with a rise to safely carry the imposed load, but never less than one and one-quarter inches for each foot of span between the beams, and they shall have a thickness of not less than four inches for spans of five feet or less, and eight inches for spans over five feet. Said arches shall be composed of good hard brick, or hol- low brick of ordinary dimensions, laid to a line on the centers properly and solidly bonded, each longitudinal line of brick breaking joints with the adjoining lines in the same ring, and with the ring under it when more than four-inch arch is used. The brick shall be well set and the joints filled in solid with cement mortar. The arches to be well grouted and properly keyed. Or the space between the beams filled in with hollow tile arches of hard burnt clay or porous terra cotta of uniform density and hardness of burn. ■A-backs shall be of such form and section as to prop- erly receive the thrust of the said arches; and the said arches shall be of a depth and sectional area sufficienl to carry the load to be imposed thereon without straining the material beyond its safe working load, but said depth shall not be less than one ami three quarters inches for each fool of span, nol including any portion of the depth of the tile projecting below the under side of the beams, if the soffits of the tile are straight; but if said arch< gmental, having a rise of not than one inch for each foot span, the depth of the arch shall not he less than -i\ inch< The joints shall he solidly tilled with ernienl mortar as required of common brick arches, and the arc) con structcd that the key block shall always fall in the centei por- tion. The slmlls and webs of .-di end construction blocks shall abut i me against anol her; or thi bel w een th< bi may 1"- filled with archi - if I '< irtland c< menl a ma 726 [n form, and which shall have a rise of not less than on< quarter inches for each foot of span between the ms. The concrete shall not be less than four inches in thick- the crown of the arch, and shall be mixed in propor- required by Section 36 of this Code. These arches shall in all cases be reinforced and pro- i on the under side with corrugated or sheet steel, steel .r metal in other form, weighing not less than one pound square foot, and having no openings larger than three square feet. Or between the beams may be placed solid or hollow burnt clay, stone, brick, or concrete slabs in flat or curved shapes, concrete or other fire-proof composition, and any of the said materials may be used in combination with wire cloth, expanded metal, wire strands, or wrought iron or steel liars; but in any such construction, and as a precedent condition to the same being used, tests shall be made to the satisfaction of the Commissioner of Public Works. Filling of any kind between floor beams which is likely to be injured by frost during freezing weather shall be tempo- rarily covered with suitable material for protection from freezing. On top of any arch, lintel or other device which does not extend to and form a horizontal line with the top of the floor beams, cinder concrete or other suitable fire-proof material shall be placed to solidly fill up the space to a level with the top of the floor beams, and shall be carried to the under side of the wood floor boards in case such be used. Temporary centering when used in placing fire-proof systems between floor beams, shall not be removed within twenty-four hours, or until such time as the mortar or material has set. All fire-proof floor systems shall be of sufficient strength to safely carry the load to be imposed thereon without straining the material in any case beyond its safe working load. The >ttom flanges of all wrought iron or rolled steel floor and flat roof beams, and all exposed portions of such beams below the abutments of the floor arches shall be entirely incased in lard-burnt clay, porous terra cotta or other fire-proof material illowed to be used for the filling between the beams under the provisions of this section, such incasing material to be properly secured to the beams. 727 The exposed sides and bottom plates or flanges of wrought iron or rolled steel girders supporting iron or steel floor beams, or supporting floor arches or floors, shall be entirely encased in the same manner. 1919. Sec. 130. Incasing Interior Columns. — All cast iron, wrought iron or rolled steel columns, including the lugs and brackets on same, used in the interior of any fire-proof build- ing, or used to support any fire-proof floor, shall be protected with not less than two inches of fire-proof material, securely applied. The extreme outer edge of lugs, brackets and similar supporting metal ma)' project to within seven-eighths of an inch of the surface of the fire-proofing. PART XXII. Skeleton Iron and Steel Construction. 1920. Sec. 131. Steel Construction. — Where columns are used to support iron or steel girders carrying enclosing walls, in buildings over six stories in height, the said columns shall be of cast iron, wrought iron or rolled steel, and on their ex- posed outer and inner surfaces be constructed to resist firr by having a casing of incombustible material not less than eight inches in thickness on the outer surfaces, nor less than four inches in thickness on the inner surfaces, and all bonded in the incombustible material of the inclosurc walls. The ex- posed sides of the iron or steel girders shall be similarly cov- ered in with incombustible material not less than four inches in thickness on the outer surfaces and tied and bonded, hut the extreme outer edge of the flanges of beams, or plates, or angles connected to the beams, may projed to within two inches of the outside surface of the brick easing. The inside surfaces of girders may be similarly covered with incombusti- ble material, or. if projecting inside the wall, they shall be protected by terra cotta, concrete or other lire-proof material. 1921. Sec. 132. Steel and Wrought Iron Columns.— \n part of a steel or wroughl iron column shall be less than one quarter of an inch in thickness. All wroughl iron or rolled steel columns shall be in accordance with requirements of this code. The ends of all columns shall be facea to a plane sur- 728 . at right angles to the axis of t lie columns, and the con- nection between them shall be made with splice plates. The joints may be effected by rivets of a sufficient size and number ransmit the entire stress, and then the splice plates shall be equal in sectional area to the area of the column spliced. When the section of the column to be spliced is such that spliced plates cannot be used, a connection formed of plates and angles may be used, designed to properly dis- tribute the stress. Steel and wrought iron columns shall be made in one, two or three-story lengths, and the materials shall be rolled in one wherever practicable, to avoid intermediate splices. Where any part of a section of a column projects beyond that of the column below, the difference shall be made up by filling plates, secured to column by the proper number of rivets. Shoes, or plates, of steel or iron, as described for cast iron columns, or built shoes or plates and shapes may be used, complying with the same requirements. 1922. Sec. 133. Cast Iron Columns. — All cast iron columns shall be in accordance with the requirements of this Code, and shall be of good workmanship and material. The top and bottom flanges and lugs shall be of ample strength, reinforced by fillets and brackets; they shall be not less than one inch in thickness when finished. All columns shall be faced at the ends to a true surface perpendicular to the axis of the column. Column joints shall be secured by not less than four bolts each, not less than three-quarter-inch in diameter. The holes for these bolts shall be drilled to a template. The thickness of metal shall be not less than three-quar- ter-inch. Wherever the core of a cast iron column has shifted more than one-fourth of the thickness of the shell, the strength shall be computed assuming the thickness of metal all round equal to the thinest part, and the column shall be condemned if this computation shows the strength to be less than required by this Code. Wherever blow-holes or imperfections are found in a cast iron column which reduces the area of the cross section at that point more*than ten per cent, such column shall be con- demned. 729 Iron or steel shoes or plates shall be used under the bot- tom of columns to properly distribute the load on the founda- tion. Shoes shall be planed on top. 1923. Sec. 134. Double Columns. — In all buildings over six stories in height hereafter erected or altered, where any- iron or steel column or columns are used to support a wall, or part thereof, whether it be an exterior or an interior wall, and the columns located below the level of the sidewfalk which are used to support interior walls or arches over vaults, the said column or columns shall be either constructed double, that is, an outer and an inner column ; the inner column alone to be of sufficient strength to sustain safely the weight to be imposed thereon, and the outer column shall be one inch shorter than the inner column ; or iron or steel columns of sufficient strength, protected with not less than two inches of fire-proof material securely applied ; except that double or protected columns shall not be required for walls fronting on streets or courts. 1924. Sec. 135. Plates between joints of open back Col- umns. — Iron or steel posts, or columns with one or more open sides and backs, shall have solid iron plates on top of each, excepting where pierced for passage of pipes. 1925. Sec. 136. Steel and Iron Girders.— Rivets in flanges shall be spaced so that the least value of a rivet for cither shear or bearing is equal or greater than the increment of strain due to the distance between adjoining rivets. All other given under riveting shall be followed. The length of rivets between beads shall be limited to Four limes the diame- ter. The compression flange of plate girders shall be secured against buckling, if its length exceeds thirty times its width. plices are used they shall fully i "1 the members spliced in cither tension or compression. 1926. Sec. 137. Stiffeners.— Stiffeners shall be provided supports and other concentrated loads; they shall b sufficient strength as a column, to 'any the loads, and shall be connected with a sufficienl number of rivets to transmit the stress into the web plate. Stiffeners shall fit SO as to sup port the flanges of the girders. If the unsupported depth of 730 the web plate exceeds sixty times its thickness, stiffeners shall be used at intervals' not exceeding L20 times the thickness of the web. 1927. Sec. 138. Rolled Steel and Wrought Iron Beams used as Girders. — When rolled steel or wrought iron beams are used in pairs to form a girder, they shall be connected by bolts and iron separators at intervals of not more than eight All beams twelve inches and over in depth shall have at least two bolts to each separator. 1928. Sec. 139. Plates under Ends of Lintels and Girders. ■ — When lintels or girders are supported at the ends by brick walls or piers, they shall rest upon cut stone blocks at least ten inches thick, or upon cast iron plates of equal strength. Provided, that in all cases the safe loads shall not exceed those fixed by Section 36 of this Code. 1929. Sec. 140. Rolled Steel and Wrought Iron Floor and Roof Beams. — All rolled steel and wrought iron floor and roof beams used in buildings shall be of full weight, straight and free from injurious defects. Holes for tie rods shall be placed as near the thrust of the arch as possible. The distance be- tween the tie rods in the floors shall not exceed eight feet, and shall not exceed eight times the depth of floor beams, twelve inches and under. Channels and other shapes where used as skew-backs shall have a sufficient resisting moment to take up the thrust of the arch. Bearing plates of stone or metal shall be used to reduce the pressure on the wall to the work- ing stress ; provided, that when rolled iron or steel floor beams, not exceeding six inches in depth, are placed not more than thirty inches on centers, no templates shall be required. Beams resting on girders shall be securely riveted or bolted to the same; where joined on a girder, tie straps of one-half inch net sectional area shall be used, with rivets or bolts to correspond. Anchors shall be provided at the ends of all beams bearing on walls, as well as to all channels or wall beams. 1930. Sec. 141. Framing and Connecting Structural Work. — All iron or steel trimmer beams, headers and tail beams shall be suitably framed and connected together, and the iron or steel girders, columns, beams, trusses and all other iron work of all floors and roofs shall be strapped, bolted, an- chored and connected together, and to the walls. All beams framed into and supported by other beams or girders shall be connected thereto by angles or knees of a proper size and thickness, and have sufficient bolts or rivets in both legs of each connecting angle to transmit the entire weight or load coming on the beam to the supporting beam or girder. In no case shall the shearing value of the bolts or rivets, or the bearing value of the connection angles, provided for in this Code, be exceeded. 1931. Sec. 142. Riveting of Structural Steel and Wrought Iron Work. — The distance from the center of a rivet hole to the edge of the material shall not be less than : •j^-inch for ^-inch rivets. %-inch for ^5 -inch rivets. 1^-inch for ^4-inch rivets. 1^-inch for %-inch rivets. 1^2-inch for 1-inch rivets. Wherever possible, however, the distance shall be equal to two diameters. All rivets, wherever practical, shall be machine driven. The rivets in connections shall be propor- tioned and placed to suit the stresses. The pitch of rivets shall never be less than three diameters of the rivets, nor more than six inches. 1932. Sec. 143. Bolting of Structural Steel.— Where rivet- ing is nol made mandatory, connections may 1"' effected by bolts. Turned bolts in reamed holes shall be deemed a sub- stitute for field rivel -. 1933. Sec. 144. Steel and Wrought Iron Trusses.— Trusses hall be of such design thai the stresses of each mem- ber can be calculated. All stresses shall be held rigidly in tion by efficienl ■. > lateral and sway brai Any member of a truss subjected to a transverse stress, in addition to direct tension or compression, shall have the stresses causing such strain added to the direct str< on the member, and the total tn i thus formed shall not exceed the working provided for in this Code. l l J34. Sec. 145. Riveted Steel and Wrought Iron Trusses. For tension members the actual net area only, after deduct- ir^ rivet holes one-eighth of an inch larger than the rivets, shall be considered as resisting the stress. If tension mem- arc made of angle irons, riveted through one flange only, only that flange shall be considered in proportioning areas. Rivets to be proportioned as prescribed in Section 36 of this Code. If the axis of the two adjoining web members do not intersect within the lines of the chords, sufficient area shall be added to the chord to take up the bending strains. No bolts shall be used in the connection of riveted stresses, except- ii g when riveting is impracticable, and then the holes shall be drilled or reamed. 1835. Sec. 146. Steel and Iron Pin Connected Trusses. — The bending stresses on pins shall be limited to 20,000 pounds for steel and 15,000 pounds for iron. All compression mem- bers in pin-connected trusses shall be proportioned, using 75 per cent, of the permissible working stress for columns. The heads of all eye-bars shall be made by upsetting or forging. Xo weld will be allowed in the body of the bar. Steel eye- bars shall be annealed, bars shall be straight before boring. All pinholes shall be bored through, and at right angles to the axis of the members; they must fit the pins within 1-32 of an inch. The distance of pin holes, from center to center, for corresponding members shall be alike, so that when piled upon one another pins will pass through both ends without forcing. Eye and screw ends shall be so proportioned that upon test to destruction, fracture will take place in the body of a mem- ber. All pins shall be accurately turned. Pin plates shall be provided, whenever necessary to reduce the stresses on pins, to the working stresses prescribed in this Code. 1936. Sec. 147. Iron and Other Metal Fronts to be Filled In. — All cast iron and metal fronts shall be backed up or filled in with masonry of the thickness provided for in this Code. 1937. Sec. 148. Painting of Structural Metal Work.— All structural metal work shall be cleaned of all scale, dirt and rust, and be thoroughly coated with one coat of paint before erection. Where surfaces in riveted work come in contact, 733 they shall be painted before assembling. After erection all work shall be painted at least one additional coat. All iron or steel used under water shall be enclosed in concrete. PART XXIII. Elevators. 1938. Sec. 149. Inspection of Elevators. — It shall be the duty of the Commissioner of Public Works to cause a careful inspection to be made of all elevators (passenger and freight) ir. the city as often as two times a year, and see that said elevators are in a perfectly safe condition, and in accordance with the provisions of this Code. (As amended June 2, 1902.) 1939. Sec. 150. Permits to Build Elevators. — No person oi persons, company or corporation shall hereafter, within the City of St. Paul, build or put up, or cause to be built or put up, any freight or passenger elevator in any building until they file with the Commissioner of Public Works specifica- tions showing the kind of an elevator they propose to put up, and shall obtain a permit from the Commissioner of Public Works for such proposed work before proceeding therewith. The Commissioner of Public Works shall examine such specifications and determine whether the work proposed con- forms with the ordinances of the city relative thereto, and is a safe and proper construction, and if so, he shall grant a per- mit therefor. It shall not be lawful to proceed to put any elevator in any building within the City of St. Paul without such permit. It shall be unlawful for any person owning or having the care or control of any elevator to use or permit the use of the same after it has been declared by the Commissioner of Public Works to be in a dangerous and unsafe condition, and after the said Commissioner has prohibited the use of (he same, until all necessary repairs have been mad.'. It shall be unlawful for an) pel on, firm or corporation owning or having the care or control of any elevator for the carriage of pi o u i or permil the use of the same without having the said elevator equipped wiih a proper auto 734 matic interlocking mechanical device; said device to be so con- Structed that the doors opening into the elevator shaft can- not be opened save and except when the cage of the elevator ationary at the floor where said door is located; said docking device to be placed upon said elevator or attached thereto in a manner and form approved by the Commissioner of Public Works. All personSj firms or corporations owning or having the care or control of any elevator for the carriage of passengers, now in use, shall comply with the provisions of the within ordinance, and equip all such elevators under their control with such automatic interlocking device within six months after the passage, approval and publication of this ordinance. Except as herein provided, this ordinance shall take effect and be in force from and after its passage, approval and publi- cation. (As amended by Ord. 22S9, approved June 2, 1902.) 1940. Sec. 151. Accidents. — In case any accident to any elevator or its operating machinery, or any passenger thereon, or operator thereof, it shall be the duty of the owner, agent, and operator, and each of them, to immediately report such accident to the Commissioner of Public Works, and it shall be the duty of the Commissioner of Public Works to imme- diately make an examination into the cause of said accident, and record a full and detailed report thereof in a book to be kept by him for that purpose. 1941. Sec. 152. Doorways to Car. — It shall be unlawful to maintain or operate any passenger elevator in the City of St. Paul which has more than one entrance or doorway to the car, unless each of said entrances or doorways is provided with a door on the inside of said car, said door to be closed by the operator before said car is put in motion. 1942. Sec. 153. Elevator Cable Stops.— All freight and passenger elevators, the cables of which wind around a drum (except hand power) in any building, must be provided and equipped with an automatic trip or slack cable stop, and auto- matic brake of sufficient strength to hold the car at any point. 735 1943. Sec. 154. Elevator Governor. — All freight and pas- senger elevators (except hand power) shall be provided with an automatic down-speed governor or regulator, except worm- gear freight elevators, the speed of which is less than sixty feet per minute. 1944. Sec. 155. Automatic Stops. — All freight and passen- ger elevators (except hand power) shall be provided with an automatic stop on the machine and shifting cable and an ap- proved safety apparatus on the car. All automatic trap doors at each floor on any uninclosed freight elevator shall be con- structed so as to form a substantial floor surface when closed and so arranged as to open and close by the action of the elevator ascending or descending. 1945. Sec. 156. Elevator Shafts.— All freight elevator shafts and hoistways in any building, shall be protected and enclosed on each and all floors of any such building with suit- able frame work or railing not less than four feet high, and all approaches and entrances to any such elevator shafts and hoistways shall be provided with automatic or self-closing gates, and no person shall use, permit or cause to be used, any such freight elevators, shaft or hoistway in any building un- less the same is protected or enclosed as above required. 1946. Sec. 157. Number of Cables.— All freight elevators shall have nut less than two hoisting cables, with suitable equalizers to equalize the bearings. No passenger elevator shall have less than four hoisting rallies; provided that those* passenger elevators, the rabies of which wind around a drum, may have two hoisting cables, if the car is counterweighted m parate from the drum, the counterweighl to have two cables, and cables to be provided with suitable equalizers to equalize the bearings 1947. Sec. 158. Elevator Sheaves. — All elevator she; for rope iran-nii ion hall nol be less in diameter than twelve times the circumference ol the cable u ^« ■< l on such elevator. 1948. Sec. 159. Protection to Passenger Elevators. — No tiger elevator shall be allowed to be operated unless the shaft of said eleva protected on all open sides with sub Stantial wire netting not less than six feet high, with sliding provided with lock that can be opened from the inside o\ the car only, except by key, said door to be securely closed ire starting the elevator. I As amended Aug. 22, 1902.) It shall be unlawful for any person, firm or corporation owning or having the care or control of any elevator for the carriage of passengers to use or permit the use of the same without having all guards and inclosures about the shaft of said elevator made flush and in a vertical line with the walls of said shaft, and no beam, sill, nosing or other thing shall pro- ject beyond the wall of said shaft or into said shaft in front of or adjacent to any door or other opening in the cab or car of said elevator or in any other place where the same might come into contact with any part of said cab or car or any per- son riding therein. All persons, firms or corporations owning or having the care or control of any elevator for the carriage of passengers now in use shall comply with the provisions of the within or- dinance within three months after the passage, approval and publication of this ordinance. SECTION II. 1949. Except as herein provided this ordinance shall take effect and be in force from and after its passage, approval and publication. 1950. Sec. 160. No Elevator in Well Hole.— No elevator shall hereafter be constructed in the well hole of any stairway unless there be a fire proof wall between such elevator and said stairway, extending from the basement to a point two feet above the level of the roof; elevator shafts in fire proof buildings alone excepted. 1951. Sec. 161. Record of Elevator Inspection.— The Commissioner of Public Works shall enter, or cause to be entered, in a book kept by him for that purpose, a detailed statement of the result of his inspection of all elevators, which shall show the date of such inspection ; the weight such eleva- tor will safely carry; the condition as to safety and construc- tion of the doors, guards, rails or automatic self-closing gate, and all other automatic devices; and such other facts as may be necessary, or proper, to determine whether such elevator i- constructed in a safe and proper manner. 1952. Sec. 162. Right to enter Buildings. — The Commis- sioner of Public Works, or his Elevator Inspector, shall have the power, and they are hereby authorized to enter any build- ing within the City of St. Paul without hindrance from any one. for the purpose of examining elevators, and the enforce ment of the provisions of this ordinance, whenever the same may be deemed necessary, and the engineer or operator of any elevator shall assist such Commissioner of Public Work- so that he may be able to make a careful and a thorough exami- nation of every portion of the operating machinery connected with such elevator. PART XXIV. Public Buildings Where No Movable Stage Scenery and Ap- paratus is Used, Halls, Churches, Schools and Other Buildings to be Used for Public Assemblages, or any Part of the Building Where so Used. 1953. Sec. 163. Elevation of Main Floor. — No portion of the main floor of any public hall hereafter erected shall be elevated to a greater height than thirty-five feel above the streel level, except in a fire proof building; nor shall any public hall or church seating over one thousand persons, hereafter be ted, with the main floor more than eighi Feel above the street level. Any church seating more than 500 people, whose main audience room -had be situated at Mich a heighl above the ; level as to require stairways to reach the main exit, shall have such staircases separated from the auditorium room l>\ a tii"'- proof wall. The stairways leading from said audi torium and galleries, if any. shall be of fire proof construction and shall be in accordance with all the requirements of similar exits for l hea 1954. Sec. 164. Stairs, Stairways and Exits. — Every hall 01 church seating five hundred persons and not more than seven hundred and fifty persons, shall have at least two separ- ate and distinct exits For ingress and egress, the same to be placed as far apart as possible. Every hall or church seating seven hundred and fifty per- . and not more than one thousand persons, shall have at least three separate and distinct exits. All stairs For ingress and egress leading to any public hall or church shall be of such width as to allow eighteen inches for each hundred people accommodated, but no stair- uav shall be of less width than four feet. Every stairway shall be provided with hand rails on each side. The rise of the stairs shall not be more than seven and one-half inches to each step, and the tread not less than ten inches, irrespective of the nosing or projection. Xo stairway shall ascend to a greater height than eleven feet without a level landing, which, if its width is in the direction of the run of the stairs, shall not be less than three feet, or which if at a turn of the stairs shall not be less in width than the width of the stairs. Xo winders whatever shall be allowed. In addition to the above described stairway, public halls shall be provided with fire escapes as provided in this Code. In any hall where there is more than one exit, each exit shall be distinctly marked "Exit" with letters not less than six inches high. The location of all fire escapes must also be dis- tinctly indicated. In buildings already constructed, where the width of the stairways can not be made to conform to the requirements of this Code, the number of persons allowed in said hall or church shall not exceed one hundred for every eighteen inches of width of stairway and exit. All doors shall open outward and shall be of such width as to allow eighteen inches for each one hundred people ac- commodated. Public halls shall take out a permit from the Building Department, which permit shall state the number of people the hall can accommodate, based on an allowance of one hun- T39 dred people for each 18 inches in width of stairway, door or exit, as certified by the Commissioner of Public Works. Said permit shall be conspicuously posted and no more than the number specified in the permit shall be allowed to occupy the hall. 1955. Sec. 165. Aisles. — The aisles in the auditorium of public halls and churches shall be in conformity with the re- quirements of this Code for aisles in the auditorium of theaters. i As amended by Ord. 2446, approved May 19, 1904.) PART XXV. Public Buildings Where Movable Stage Scenery and Appar- atus is Used, Theaters and Places of Assemblage. 1956. Sec. 166. Theaters, Opera Houses, Etc.— Every theater, opera house, auditorium or other building intended to be used for theatrical or operatic purposes, or for public en- tertainment of an}" kind, where' stage scenery and apparatus is employed, hereafter erected in the City of St. Paul, shall be built to comply with the requirements of this Code, and every such building now in use for such purposes shall conform to all requirements of this Code except as to sections 172, L73, 174, L75, L76, L78, ISO, 181, Is:. L88, 189, 191, L92, 193, 194, L95, 201, 206; and in regard to all provisions of these sections omitted, the Commissioner of Public Works shall make such regulations, binding upon the owners, lessees or managers oi any of said buildings directing any act to In- done in or ah' mi tin' arrangements of such buildings and the several appliances connected therewith, such as corridors, courts, doors, stairs, exits, window^, tire escapes, lire walls, stage floors, arrange- ment of water pipes and apparatus, electric lights and storage of general properties as the -aid Commissioner <>\ Public Works may deem necessary For the public safety. In case oi neglea or refusal on the pan of the ownei oi ee of said building to comply with the orders ol the said Commissioner of Public Works, the Commissioner of Public Works, with the concurrence of the Mayor and Chief of Police, shall have the power to close such building until the said or- ders arc carried out. 1957. Sec. 167. Buildings not in actual use. — No building which at the time of the passage of this Code is not in actual use for theatrical or operatic purposes, and no building here- after erected and not in conformity with the requirements of this Code, shall be used for theatrical or operatic purposes, or for public entertainment of any kind where stage scenery or apparatus is employed, until the same shall have been made to conform to the requirements of this Code. 1958. Sec. 168. Buildings to be Approved. — Xo building shall be opened to the public for theatrical or operatic pur- poses, or for public entertainment of any kind until Ihe Com- missioner of Public Works shall have approved the same in writing as conforming to the requirements of this Code. The Commissioner of Public Works shall cause monthly inspections to be made of all theaters, when open to the pub- lic, and a written report of the condition of the theater and orders, if any. given to the management shall be filed with the Common Council. The Commissioner of Public W T orks shall have the right I i require tests of asbestos curtains or any appliances which may be liable to get out of order or repair, except the fire apparatus, the tests to be made as often as he may think nec- essary. 1958a. Sec. 169. Certificate Before Use.— Xo license shall he granted for any such building, and the Chief of Police of the city shall close, and prevent an opening of the same, until a certificate of approval in writing shall have been given by the Commissioner of Public Works. 1959. Sec. 170. Aisles and Passage Ways. — All aisles and sage ways in said building shall be kept free from camp Is, chairs, sofas and other obstructions, and no person shall be allowed to stand in or occupy any of the aisles or passage -. during any performance, service, exhibition, lecture, concert, ball or any public assemblage. Ml 1960. Sec. 171. Fronts. — Every theater or other building as mentioned in Section 166 of this Code, shall have at least one front on the street, except as hereinafter mentioned, and in such front there shall be suitable means of entrance and exit for the audience. Such main entrance shall not be more than two feet higher than the level oi the sidewalk. 1961. Sec. 172. Courts. — In addition to the aforesaid en- trances and exits on the street, there shall be reserved for ser- vice in ease of emergency an open court or space on the side not bordering on the street, where said building is located on a corner, and on both sides of said building, where there is but one frontage on the street. The width of such open court or courts shall not be less than seven feet where the seating capacity is not over one thousand people, above one thousand and not mure than fifteen hundred, eight feet in width, and above fifteen hundred people, ten feet in width. Said open courts shall begin on a line with or near the proscenium wall, and shall extend the length of the auditorium proper, to or near the wall separating the same from the en- trance lobby or vestibule, 1962. Sec. 173. Separate Corridors to Streets. — A separate and distinct corridor shall continue to the street from each open court through such superstructure as may he built on the street side of the auditorium, with continuous walls of bricks or other tire proof materials on each side of the entire length of said corridor or corridors, and the ceilings and floors shall he tire proof. Said corridors shall not be reduced in width to more than three feet less than the width of the open court or court-: and there shall he no projection in the same; the outer openings to he provided with doors or gates opening toward th< During tin- performance the doors of gates -hall he kepi open by proper fastenings; at other time- they max be closed by movable bolts or locks. The -aid open courts and the ridors -hall not he used for storage purposes, or for any pur- pose whatsoi er i i epl for exit and entrance from and to the auditorium and stage. The h * el of said corridor- at the stt entrance of the same shall not be more than six inches ab the level of the sidewalk at such entrance. To overcome any difference of level in and between courts, corridors, lobbies, iges and aisles on the -round floor, gradients shall be em- ployed of not over one foot in twelve feet with no perpendicu- lar rises. 1963. Sec. 174. Auditorium Exits to Side Courts. — From the auditorium opening into the said street, there shall be not han two exits on each side, in each tier, from and includ- ing the parquet, and each and every gallery, provided, how- e^ er, that for theaters whose seating capacity is less than 800, the Commissioner of Public Works shall have the authority to designate the number of exits, proportionate to the seating capacity of each tier, as in his judgment may be necessary for public safety. Each exit shall be at least five feet in width in the clear and provided with doors of iron or wood, and if of wood the doors shall be covered with metal. All of said doors shall open outwardly, and shall be fastened with movable bolts, the bolts to be kept drawn during performances. 1964. Sec. 175. Fire Escapes. — There shall be balconies not less than four feet in width in the said open court or courts at each level or tier above the parquet, on each side of the audi- torium, of sufficient length to embrace the two exits, and from said balconies there shall be stairways extending to the ground level, with a rise of not over eight inches to a step, and not less than nine inch tread exclusive of the nosing. The stairway from the upper balcony to the next below shall not be less than thirty inches in width in the clear, and from the first balcony to the ground, not less than three feet in the clear, where the seating capacity of the auditorium is for one thousand people or less; three feet six inches in the clear, where above one thousand and not more than fifteen hundred people ; and four feet in the clear when above fifteen hundred and not more than twenty-five hundred people; and not less than four feet six inches in the clear where above twenty-five hundred people. The stairway from the upper balcony to the next below shall increase proportionately. All the above mentioned balconies and stairways shall be constructed in iron throughout including the floors, and be of ample Strength to sustain the load to be carried by them. Where one side of the building borders on a public high- way there shall be stairways and balconies of like capacity and kind as heretofore mentioned, ami the building set back or recessed far enough to admit of such stairways, without using any part of the public street; if situated so that the building has three street fronts, exits must be from the three street fronts, and constructed with recess as above described. 1965. Sec. 176. On a Corner Lot. — When on a corner lot, that portion bordering on the side street, and not required For the uses of the theater, may be used as offices and stores, pro- viding the walls separating this portion from the theater are fire proof and carried up solidly to and through the roof, and that a fire proof exit is provided for the theater on each tier communicating with balconies and staircases leading to street ii manner provided elsewhere in this Code. Said passages shall be entirely cut off by lire proof walls from said offices and — . and the floors and ceilings in each tier shall be lire pr< >of. Provided that nothing herein contained shall prevent the if the front portion of any theater building <>r other build- ing as above mentioned in this Code, for the purposes of of- fic< - or stores, provided that said offices or stores are nol over forty feet in depth from the front lot line, and that said offices or stores are made fire proof with solid walls above the ground floor, separating this portion from the theater proper, and that tin- exits or entrances i" the theater proper are in conformity with the provisions of this (.'ode. 1966. Sec. 177. Roof Garden, Etc., Above Theater.— Nothing herein contained shall prevenl a roof garden, an gal- lery or rooms for similar purposes being placed above a theater or public building, providing the floor of the same forming the roof over such theater or building shall be constructed of iron or steel and fire proof materials, and thai said floor -hall have no covering hoards <>r sleepers of wood, bul he of tile or cement. ; 1 1 Every root' over said garden or rooms shall have all sup- ports and rafters "i' iron and steel, and be covered with glass or fire proof materials, or both, but no Mich roof garden, art gallery or room for any public purpose shad be placed over or above that portion of any theater or oilier building which is used as a stage. 1967. Sec. 178. Work Shop, Storage and Property Rooms. — \"o work shop, storage or general property room, shall be allowed above the auditorium or stage, or under the same, or in any of the fly galleries. All of said rooms or shops may be located in the rear or at the side of the stage, but in such cases they shall be separated from the stage by a fire proof wall, and the opening leading into said portions shall have fire proof doors on each side of the wall over said openings, hung to iron eyes built into the wall. 1968. Sec. 179. Theaters Prohibited for Certain Uses.— N T o portion of any building hereafter erected or altered, used or intended to be used for theatrical or other purposes as herein specified shall be occupied or used as a hotel, boarding o\ lodging hou^e. factory, workshop or for storage purposes, except as may hereafter be specially provided for. Said re- striction relates not only to that portion of the building which contains the stage, but applies to the entire structure in con- junction therewith. Xo store or room contained in the building or the offices, ;• apartments adjoining as aforesaid, shall be let or for carrying on any business dealing in articles designat- ed as specially hazardous in the classification of Fire Under- writers. Xo lodging accommodations shall be allowed in any part of the building communicating with the auditorium except for the janitor. 1969. Sec. 180. Interior Walls Fire Proofed.— Interior walls of fire proof materials shall separate the auditorium from the entrance vestibule, and from any room or rooms over the same, also from any lobbies, corridors, refreshment or other rooms. do 1970. Sec. 181. Inclosure of Stairways. — All stairways For the use of the audiences, other than those looking from the first gallery, shall be inclosed with walls of brick, or fire proof materials, in the stories through which they pass, and the openings from said stairways to each tier shall be the full width of said stairway. Xo door shall open immediately upon a flight of stairs, but a landing at least the width of the door shall he provided be- tween such stairs and such door. 1971. Sec. 182. Proscenium Wall and Girder.— A lire wall built of fire proof material shall separate the auditorium from the stage, and the same shall extend to at least three feet above the stage roof, or the auditorium roof, if the latter be higher, .and shall he coped. Above the proscenium opening there shall be an iron girder of sufficient strength to safely support the load above, and the same shall he covered with fire proi >f materials. A relieving arch shall he constructed over the girder, the intervening space, tin- full thickness of the wall, to he idled with hard, well burnt brick. Should there he constructed an orchestra above the proscenium opening, the said orchestra shall he placed on the auditorium side of the proscenium tire wall, and shall he entered only from the auditorium side of said wall. 1972. Sec. 183. Proscenium Frame Fire Proof.— The moulded frame around the proscenium opening shall he formed entirel) of fire proof materials : if metal he used the metal shall he tilled in ^olid with non-combustible material and securely anchored ti i the vvall with iri »n. 1973. Sec. 184. Fire Proof Curtain. — The proscenium opening shall he provided with a tire proof curtain, or a cur- tain of asbestos, or other lire proof material, sliding al i end in groov< 'rely fastened to the brick w;dl and tending into such grooves t" a depth of not less than sj\ in. on each side of the opening, or with such othei guides for the curtain as may he approved by the Commissioner of Public Works. All the supports and fa iten ol said curtain and all ; L6 of the ropes or cables by which it is suspended and operated shall be of non-combustible material, and the curtain shall be so arranged that it can be easily and quickly lowered either from the stage floor or the fly gallery. Said fire proof curtain shall be raised at the commencement of each performance and lowered at the close of said performance, and be placed at least three feet distant from the footlights at the nearest point. 1974. Sec. 185. Iron Doors in Proscenium Wall.— All door- or openings through the proscenium wall from the au- ditorium in every tier shall have doors of iron or wood on each face of the wall: if of wood, the doors shall be constructed as hereinbefore described, and hung" so as to be opened from either side at all times. There shall be no openings in the proscenium fire wall above the level of the auditorium ceiling, i Hrect access to these doors shall be provided on both sides and the same shall always be kept free from any incumbrance. Iron ladders or stairs securely fixed to the wall on the stage side shall be provided to overcome any difference of level ex- isting between the floor or galleries on the stage side of the fire wall and those on the auditorium. 1975. Sec. 186. Metal Skylights.— There shall be provided over the stage metal skylights of an area or combined area of at least one-eighth the area of said stage, fitted up with sliding ash and glazed with double thick sheet glass not exceeding one-twelfth (1-12) of one inch in thickness, and each pane thereof measuring not less than three hundred square inches, and the whole of which skylight shall be so constructed as to open instantly on the cutting or burning of a hempen cord, which shall be arranged to hold said skylights closed, or some r equally simple approved device for opening them as may be approved. Immediately underneath the glass of said skylights there shall be wire netting, but wire glass shall not be used in lieu of this requirement. Tn place of metal skylight with sliding sash there may be placed over the stage one or more ventilators constructed of non-combustible material, of a size and design approved by the Commissioner of Public Works. Every such ventilator ; i; shall have a damper or valve so arranged and counterbalanced as to open automatically, and shall he closed when not in use by a cord running to the stage and fly gallery and operated from either place, so arranged that if severed the ventilators will open automatically. Any ventilators oxer the auditorium shall be so constructed as to operate in the same manner. 1976. Sec. 187. Construction of Stage Floor.— All that portion not comprised in the working of scenery, traps and other mechanical apparatus for the presentation of a scene shall be built of iron or steel substruction and tire proofed. 1977. Sec. 188. Fly Galleries.— Hie fly galleries entire shall he constructed of iron or steel beams tilled with fire proof materials, and no wood boards or sleepers shall be used as covering over beams, but the said doors shall be entirely tire proof. 1978. Sec. 189. Rigging Loft.— The rigging loft shall be fire proof (except the Moor covering of the same). 1979. Sec. 190. Stage Scenery. — All stage scenery, cur- tain- ami decorations made of combustible material and all the woodwork on or about the stage shall be painted or saturated with some non-combustible material, or otherwise rendered safe againsl tire, and the finishing coats of paint applied to all woodwork throughout the entire building shall be of such kind as will resist fire. 1980. Sec. 191. Roofs and Galleries to be Fire Proof.— Tin- rool over tin- auditorium and the entire main floor of the auditorium ami vestibule, also the entire roof of the second stor) of the front superstructure over the entrance lobb) and corridors, and all galleries and supports for the same in the auditorium, shall consisl of iron or steel and lire proof sleep ers, to which the same may he fastened, bul such sleepers shall n< >t mean timbers of supp< irl . 1981. Sec. 192. Gallery Fronts.— The fronts of each gal- lery shall be formed of fire proof materials, except coping, which may be of w< »od. 1982. Sec. 193. Ceiling of Galleries and Auditorium. — The ceiling under each gallery --hall he entirely formed of tire ; is proof materials. The ceiling of the auditorium shall be formed of fire proof materials. All lathing, whenever used, shall be of wire or other fire proof material. 1983. Sec. 194. Partitions and Furring. — The partitions in that portion of the building which contains the auditorium, the entrance and vestibule and every room and passage devoted to the use ^i the audience shall be constructed of fire proof ma- terials, including the furring" of outside or other walls. None of the walls or ceilings shall be covered with wood sheathing, canvas or any combustible material. But this shall not ex- clude the use of wood wainscoting to a height not to exceed six feet, which shall be filled in solid between the wainscoting and the wall with fire proof materials. Xor shall canvas or other st tilts be used for decorations, when the said materials are glued to the walls or ceiling. 1984. Sec. 195. Dressing Room Partitions. — The walls separating the actors' dressing rooms from the stage and th_- partitions dividing the dressing rooms, together with the par- tition- (if every passageway from the same to the stage and all other partitions on or about the stage shall be constructed of tire proof material. All doors in any of said partitions shall .be constructed of iron or wood as heretofore described. All shelving and cupboards in each and every dressing room, property room, or other storage room shall be constructed of metal, slate or some fire proof material. 1985. Sec. 196. Dressing Rooms in Fly Galleries. — Dress- ing rooms may be placed in the fly galleries, provided that proper exits are secured therefrom to the fire escapes in the open courts, and that the partitions and other matters relating to dressing rooms shall conform to the requirements herein contained, and the stairs leading to the same shall be fire pn i 1986. Sec. 197. Dressing Room Exits. — All dressing rooms shall have exits to fire escapes in the open courts or leading di- rectly to the streets. !f windows are provided, the same shall not have fixed sashes, iron grills or bars. All dressing rooms be well ventilated. 749 1987. Sec. 198. Distance Between Seats. — All scats in the auditorium, excepting those contained in boxes, shall be not than thirty-two inches from hack to hack, measured in a horizontal direction, and firmly secured to the tloor. No seat in the auditorium shall have more than six seats intervening between it and an aisle. 1988. Sec. 199. Platforms to Receive Seats in Galleries. — All platforms in galleries formed to receive the seats shall not he- more than twenty-one inches in height of riser, nor less than thirty inches in width of platform. 1989. Sec. 200. Width of Auditorium Aisles.— All aisles mi the respective doors in the auditorium, having seats on both sides of the same, shall not be less than three feet wide where they begin and shall he increased in width toward the exits in the ratio of one and one-half inches to every five run- ning feet. Aisles having seats on one side only shall he not less than two feet wide at their beginning and increased in width the same as aisles having seats on both sides. 1990. Sec. 201. Capacity of the Foyers. — The aggregate capacity of the foyers, lobbies, corridors, passages and rooms for the uses of the audience, not including aisle space between seat-, shall, on each floor or gallery he sufficient to contain the entire number to he accommodated on said Hour or gallery, in the ratio of one hundred and fifty superficial feet of floor room for every one hundred persons. 1991. Sec. 202. Exits. — Every theater accommodating three hundred persons shall have at least two exits; when ac- commodating five hundred persons, at leasl three exits shall he provided. These exits not referring to or including the exits to the open conn at the side of the theater. A common place of exit and entrance nia\ serve for the main floor of the auditorium and the firsl balcony, provided ii- capacity 1m- equal to the aggregate capacit) of the main Boor and balcony, namely, that there shall he eighteen inches of exil for every hundred people or frai tion Hi' n All theater exits shall In- distinct!) marked "Exit" with letters nol less than six inches high and with a distinguishing 750 Utter, .1- " \." 1'-". etc. I Mi ever) programme shall be printed instructions to the audience as to the location of exits and des- ignating which exit is best available From the different sec- tions "i" ili\i>i<>ns of the house. 1992. Sec. 203. Size of Exit Doors. — Doorways of exit or entrance for the use of the public shall not be less than five feet in width, ami for every additional one hundred persons, or ion thereof, to he accommodated, in excess of five hundred, an aggregate of twenty inches additional width of exit and di " >rs must be allowed. 1993. Sec. 204. Main Floor and First Gallery Exits,— A common place of exit and entrance may serve for the main floor of the auditorium and the first gallery, provided its capacity be equal to the aggregate capacity of the outlets from the main floor and the said gallery. 1994. Sec. 205. Width of Passage Leading to Stairways. — No pas>age leading to an}' stairway communicating with any entrance or exit shall be less than four feet in width in any part thereof. 1995. Sec. 206. Stairways. — All stairways within the building shall be constructed of fire proof material throughout. Stairways serving for the exit of fifty people, must, if straight, be at least fonr feet wide ; and if curved or winding, five feet wide : and for every additional fifty people to be accommo- dated, six inches must be added to their width. The width of all stairs shall be measured in the clear between the hand rails. In no case shall the riser of any stair exceed seven and one-half inches in height, nor shall the treads, exclusive of the nosings, be less than ten and one-half inches in straight stairs, and in winding stairs the width of the tread at the narrowest end shall not be less than seven inches. ■\\ here the seating capacity is for more than one thou- sand people, there shall be at least tw^o independent stair- -. with direct exterior outlets, provided for each gallery in the auditorium, where there are not more than two galleries; and the same shall be located on opposite sides of said gal- leries. 751 Where there are more than two galleries, one or more additional stairways shall be provided, the outlets from which shall connect directly with the principal exit or other exterior outlets. All said stairways shall be of width proportionate to the seating capacity, as elsewhere herein prescribed. Where the seating capacity is for one thousand people or less, only two direct lines of stairs will be required, located on opposite sides of the galleries, and in both cases shall ex- tend from the sidewalk level to the upper gallery, with outlets from each gallery to each of said stairways. 1996. Sec. 207. Stage Stairways. — At least two independ- ent stairways, with direct exterior outlets, shall be provided for the service of the stage, and shall be located on opposite sides of the same. 1997. Sec. 208. Open Stairways. — Stairs leading to the first or lower gallery must be left open on one side, in which case they shall be constructed as herein provided for similar stairs leading from the entrance hall to the main floor of the auditorium. But in no case shall stairs leading to any gal- lery be left open on both sides. 1998. Sec. 209. Stair Landings. — When straight stairs re- turn directly on themselves, a landing without any steps, the full width mi" both flights, shall be provided. Stairs turning at an angle shall have a proper landing without winders intro duced at the turn. When two flights of stairs conned with one main flight. no winder shall be introduced, and the width of the mam flight shall be a1 leasl equal to the aggregate width of the side flighl -. All stairs shall have proper landings introduced al con venienl distances. 1999. Sec. 210. Stair Hand Rail.— All inclosed stairways shall have, on both rong hand rails, linuh secured to the wall, aboul three inches distanl therefrom and aboul three feel high above the stairs, bul said hand rails shall nut bi quired on level platforms and landings where the same is of greater length than the width of the stairs. All stairways eight Feet and over in width shall be pro- vided with a centra] rail <>t" metal or hard wood, not less than two inches in diameter, placed at a height of about three feet e the center of the treads, and supported on wrought metal or brass standards of sufficient strength, and securely bolted to the treads or risers of stairs, or both, and at the head* of each flight of stairs, ami on each side of the landing, the • - standard shall be at least six feet in height, and the rail shall he secured to such post. 2000. Sec. 211. Steam Boiler. — Xo steam boiler which may he required for heating or other purposes shall be located tin- der the auditorium or stage part of the building, and the space tted to the same shall he inclosed by walls of masonry on both sides, and the ceiling of such space shall be constructed en rire proof materials. All doorways in said walls shall have tire proof doors. 2001. Sec. 212. Heating. — Xo floor register for heating shall be permitted in aisles or passage ways. Xo coil or ra- diator shall be placed in any aisle or passage way used as exit; but said coils and radiators shall be placed in recesses formed in the wall or partition to receive the same. All supply, return or exhaust pipes shall be properly in- cased and protected where passing through floors or near woodwork. 2002. Sec. 213. Stand Pipes and Pumps.— Stand pipes four inches in diameter shall be provided with hose attach- ments on every floor and gallery, as follows, namely: One on each side of the auditorium in each tier ; also on each side of the stage in each tier, and at least one in the property room, and one in the carpenter shop, if the same to be contiguous to the building. All stand pipes shall be kept clear from obstruc- tion. Said stand pipes shall be separate and distinct, receiving their supply of water direct from the street main, and shall be fitted with regulation couplings of the fire department, and be ready for immediate use at all times during a performance in said building. Provided, however, that if, on account of the pressure in the water mains or on account of the size of the theater, larger 753 or smaller stand pipes are required, the size of the -land pipes and hose may be changed on the written order of the Chief of the Fire Department. If in the opinion of the Commissioner of Public Works, the city water supply does not furnish sufficient pressure to give adequate fire protection, fire pumps of the proper capacity to furnish a fire stream at each and all of the different hose connections provided by the ordinance, must be provided. 2003. Sec. 214. Fire Hose. — A proper and sufficient quan- tity of two and one-half (2}i > inch hose, fitted with the regu- lation couplings of the fire department, and with nozzles at- tached thereto, and with hose spanners at each outlet, shall always be kept attached to each hose attachment. Smaller hose may be used if in the opinion of the Chief of the Fire Department it should be permitted. 2004. Sec. 215. Fire Extinguishers. — There shall also be provided portable fire extinguishing apparatus, and at least four axes, and two twenty-five-foot honks, two fifteen-foot hooks, and two ten-foot hooks, on each tier or floor of the stage. There shall be kept ready for immediate use On the Stage at lca-l four casks full of water, and two buckets to each cask. Such casks and buckets shall be painted red. 2005. Sec. 216. Fire Alarm Boxes. — Every theater musl be provided with a lire-alarm box. located either on the stage or in the box office, connected directl) with the cit) lire alarm S) 5t( 2006. Sec. 217. Lighting. — Every portion of the building •ted i" the uses or accommodations of the public, also all outlets leading to the streets, including the open courl and i <" ridors, shall be well and properly lighted during ever} per formance, and tin- same -■hall be lighted until the entire audi ence has hit the premises. Ml gas or electric lights In the hall-, lobby mt other pari d buildings \^><\ by the audi ence, excepl the auditorium, musl be controlled l>\ a separate »flf, located in the lobby, and controlled onlj in thai par ticular place, and a sufficient number of lights in the audi torium for emergenc) purposes, includ '1 light ovei ea< h 754 must be controlled 1>\ a separate cut-off, located in the lobby or box office, and controlled only in that particular place. 2007. Sec. 218. Gas Mains. — The gas mains supplying the building shall have independent connections for the auditorium and the stage, and provisions shall be made for shutting off the gas from the outside of the building. 2098. Sec. 219. Method of Lighting Gas. — When interior gas lights are not lighted by electricity, other suitable appli- ances, approved by the Commissioner of Public Works, shall be provided. 2009. Sec. 220. Protecting Lights. — All suspended or bracket gas lights surrounded by glass, in the auditorium or any part of the building devoted to the use of the public, shall be provided with proper wire netting underneath. No gas or electric light shall be inserted in the w r alls, woodwork, ceilings, or any part of the building, unless pro- tected by fire-proof materials. All lights in passages and cor- ridors in said building, and wherever deemed necessary by the Commissioner of Public Works, shall be protected by proper wire net works. 2010. Sec. 221. Foot Lights and Stage Lights.— All foot lights, except ele.ctric lights, in addition to the wire net .work, shall be protected with a strong wire guard and chain, placed not less than two feet distant from said foot lights, and the trough within which said lights are placed shall be formed of and surrounded by fire-proof materials. All border lights shall be constructed according to the best known methods, and subjected to the approval of the Commissioner of Public Works, and shall be suspended for ten feet by wire rope. All ducts or shafts used for conducting heated air from the main chandelier, or from any other light or lights, shall be con- structed of metal and made double, with an air space between. All stage lights, except electric lights, shall have strong metal wire guards or screens, not less than ten inches in diam- eter, so constructed that any material in contact therewith shall be out of reach of the flames of said stage lights, and the said guards must be soldered to the fixture in all cases. 755 2011. Sec. 222. Controlled by the Fire Department.— The stand pipes, gas pipes, electric wires, hose, foot lights, ami all apparatus for the extinguishing of fire or guarding against the same, as in this code specified, shall be in charge of and under the control of the fire department ; and the chief of said de- partment, in connection with the Commissioner of Public \\ c rks, is hereby directed to see that the arrangements in respect thereto are carried out and enforced. It shall be obligatory on the manager of each theater to have his employes fully instructed as to what should be dune in case of fire or panic, and to institute a weekly drill of all of said employes in the presence of an officer of the fire de- partment, to test their efficiency. (As amended by Ord. 2446, approved May 1!), 1001.) PART XXVI. Plumbing, Drainage, Gas Fitting, Ventilation and Repairs. 2012. Sec. 223. Drainage and Plumbing. — The drainage, ventilation, plumbing and gas fitting of all buildings, both pub- lic and private, shall be executed in accordance with the rules and regulations of this Code. 2013. Sec. 224. Licenses. — X" person shall carry on the business of plumbing, or engage in conducting plumbing or house drainage, until he or they shall obtain a license as such plumber From the Commissioner of Public Works. Ever) person or persons making application for a license t i carry on tin- business of plumbing shall accompan) his or their application with a certificate of competency issued by the State Board of Commissioners, of practical plumbers, and with a bond with two or more sureties, or some suret) com- pany, approved b) the Mayor of the City of St. Paul, in the sum of five hundred dollars, conditioned thai he or the) will indemnify and save harmless the Citv of St. Paul from all or damage by reason of accidents caused by the negli gence in either exe< ution or direction of work, and for unfaith ful or inadequate work done by or under the direction of aid applicant i ir applicant 5, rati Such person or persons making such application for a 3i shall also register his or their name and business ad- s upon forms prescribed by the Commissioner of Public Works, and shall thereupon receive such license. 2014. Sec. 225. Permits. — Every plumber before doingf any work in any building shall obtain a permit from the Com- oner of Public Works, except in case of repairs 2015. Sec. 226. Repairs. — Repairs shall be taken to mean repairing or replacing of an old fixture by a new one, to be for the same purpose; forcing out wastes and repairing leaks in waste pipes ; but such repairs or alterations shali not be construed to include cases where new vertical or horizontal lines of soil, waste, vent, or leader pipe are proposed to be used. Provided, that in a building condemned by the Health Department because of unsanitary conditions, no plumbing shall be considered as coming under the head of repairs, but all such plumbing shall be done as in the case of new buildings. 2016. Sec. 227. Definition of Terms.— The term "Private Sewers" is applied to main sewers that are not constructed 1 y and under the supervision of the Commissioner of Public Works and City Engineer. The term "House Sewer" is applied to that part of the main drain or sewer extending from a point two feet outside of the outer wall of building vault or area to its connection with the public sewer, private sewer or cess-pool. The term "House Drain" is applied to that part of the main horizontal drain and its branches inside the walls of the building, vault or area, and extending to and connecting with the house sewer. The term "Soil Pipe" is applied to any vertical line of pipe extending through the roof, receiving the discharge of one or more water closets, with or without other fixtures. The term "Waste .Pipe" is applied to any pipe receiving the discharge from any fixtures except water closets. The term "Vent Pipe" is applied to any special pipe pro- vided to ventilate the system of piping, and to prevent trap syphonage and back pressure. 757 2017. Sec. 228. Materials and Workmanship. — All male- rials must be of the best quality, free from defects, and all work must be executed in a thorough workmanlike manner. All cast iron pipes and fittings must be sound, cylindrical and smooth, free from cracks, sand holes and other defects, and of uniform thickness, and of the grade known in com- merce as "extra heavy." Said pipe, including the hub, shall weigh not less than the following average weights per lineal foot: Weight Per Diameter. Lineal Foot. 2 inches 5 pounds. 3 inches 9 pounds. I inches 12>4 pounds. 5 inches 16 pounds. 6 inches . 19 pounds. ] i nches 26 pounds. 8 inches 32 pounds. 10 inches 44 pounds. 12 inches 53 pounds. All joints must be made with picked oakum and molten lead, and be thoroughly caulked and made gas-tight. All wrought iron and steel pipes must be equal in weight and qualit) to "Standard." and musl be properly tested by the manufacturer. No plain black pipe will be permitted. All wroughl iron.and steel pipe must be galvanized. Fittings for vent pipes on wrought iron and steel pipes may be the ordinary cast or malleable steam and water fit- tin--. Fittings for wroughl iron and steel waste or soil and refrigerator waste pipe-, may be special extra heavy casl iron sed and threaded drainage fittings with smooth interior water way and threads tapped, so as to give a uniform grade to branches of nol less than one fourth of an inch per fool All fittings for wroughl iron or steel pipe must be galvanized. All joints to be screwed joints, and the burr formed in cutting must be carefulh reamed out. ' 3 All brass pipes for soil, waste and vent pipes and solder nipples must be thoroughly annealed, seamless, drawn, brass tubing of standard iron pipe gauge. Threaded connections on brass pipe must be of the same as iron pipe threads for same size of pipe, and be tapered. Brass ferrules must be of best quality, extra heavy cast brass, not less than four inches long, and two, three and four inches in diameter. (. )ne and one-half inch ferrules will not be permitted. lering nipples must be of heavy cast brass, or of brass pipe, iron pipe size. Brass screw caps for clean-outs must be extra heavy, not less than one-eighth of an inch thick. The screw cap must have a solid square nut. The body of the clean-out ferrule must be at least equal in weight and thickness as the caulking ferrule for same size of pipe. Where clean-outs are required by the rules and by the approved plans, the screw cap must be of brass. The engag- ing parts must have not less than six threads of iron pipe size, and be tapered. Clean-out must be of full size of trap, up to four inches in diameter, and not less than four inches for larger pipes. Clean-outs may be made with iron covers, bolted on with rubber gaskets with brass bolts and nuts. Lead pipes may be used for short branches of the soil and waste pipes, bends and traps, and roof connections of inside leaders. No waste pipe smaller than one and one- quarter inch shall be allowed, and only for one fixture ; where two or more fixtures are connected on one waste pipe, the said waste pipe must be increased one size for each fixture. All connections between lead pipes, and between lead and brass or copper pipes, must be made by means of '"wiped" soldered joints. Connections between lead and iron pipe must be made with a brass ferrule, with a screwed or caulked joint. All lead waste, soil, vent and flush pipes must be of the best quality, and not less than the following weights per lineal foot: 59 Weights Per Diameters. Lineal Foot. 1*4 inches 2} £ pounds. lYz inches 3 pounds. 2 inches 4 pounds. 3 inches 6 pounds. 4 and 4*/2 inches 8 pounds. All lead traps and bends must be of the same weights and thickness as their corresponding" pipe branches. Sheet lead for roof flashing' must not be less than four-pound lead, and must extend not less than six inches from the pipe, and the joint made water-tight. Galvanized roof sheets may be used. Copper tubing, when used for inside leader roof connec- tion, must be seamless drawn tubing, not less than No. 22 gauge, and when copper is used for roof flashings, it must be nut less than No. 18 gauge. 2018. Sec. 229. Connections with Sewer. — Every building, house or store shall be separately and independently connected witb the public sewer, when such sewer is provided; when such sewer is not provided, drain pipes from buildings may be connected with cess-pools, constructed for that purpose; pro- vided, however, that no water closet shall he connected to a leaching cess p< >ol. When tlie city shall construct a sewer which is accessible to abutting property, all systems of drainage shall he con nected directly to the same within a period not exceeding twelve months from the time of the completion of tin- sewer, and all permits for vaults, cess pools, or other system of drain- hall thereafter become null and void. All pipe above ground must he supported on brick piers or by heavy iron hangers from the cellar ceiling beams, the said hangers to he at intervals of not more than ten In every building where there is a leader connected to the drain, there musl be at leasl one four inch pipe extending ah' >\ < tin- roof for ventilation. 2019. Sec. 230. Leaders. — Inside leaders must he made of casl iron, wroughl iron or steel, with roof connections made gas ami water tighl by means of heav) lead or copper drawn 760 tubing, wiped or soldered to brass ferrules, or nipples caulked :rewed into the pipe. When outside leaders of sheet metal are connected with the house drain, they must he so connected by means of cast iron pipe extending vertical!} two Feet six inches above the grade level. All metallic leaders for conducting water from roof to street gutter shall be put in in such a manner as shall protect the walls and foundation from damage, and in no case shall the water from such leaders, or from the roof, be allowed to, flow upon the sidewalk, but leaders shall be connected by drain pipes to the sewer. All leaders must be trapped with cast iron traps, with pr< >per clean-outs. Rain water leaders must not be used as soil, waste or vent pipes, nor shall any such pipe be used as a leader. 2020. Sec. 231. House Sewer, Drain and Trap. — Old house sewers can be used in connection with new buildings, or new plumbing, only when they are found, on examination by the Plumbing Inspector, to conform in all respects to the require- ments governing new sewers. When a proper foundation, consisting" of a natural bed of earth, rock, etc., can be obtained, the house sewer can be i >f earthenware pipe. "Where the ground is made or filled in, and there is danger settlement from any cause, the house sewer must be of extra heavy cast iron pipe, with lead caulked joints. Tin- house drain and its branches must be of extra heavy cast iron, when under ground, and of extra heavy cast iron or galvanized wrought iron or steel, when above ground. The- house drain must he properly connected with the house sewer at a point at least two feet outside the outer wall, vault or area wall of the building. No steam or exhaust, blow-off or drip pipe shall be con- nected with the house drain or sewer. Such pipes must first discharge into a proper catch basin, and from this a proper outlet to the drain must be provided, with trap and back sure valve, and with vapor pipe to the outer air; provided, that in case of low pressure steam or hot water house heating plants, such connections may be made to the sewer direct. 761 The howse drain and sewer must be run as direct as pos- sible, with a fall of at least one-quarter of an inch per foot, all changes in direction to be made with proper fittings, and all connections made with "Y" branches and % or 1-16 bends or sanitary tees. The house sewer and house drain must be at least four inches in diameter, where water closets discharge into them. Full size "Y" and "T" branch fittings for hand-hole clean- outs must be provided where required on house drain and its branches. 2021. Sec. 232. Sub-Surface Drains.— \Y here sub-surface diains are placed under any building, said drain shall be con- structed of drain tile, and shall connect to water-tight catch basin, covered with stone, flag, or iron cOver. The outlet pipes of said catch basin shall be properly trapped and connected with the house drain. Said outlet pipe shall be provided with a back pressure valve or stop cock, size to be not less than three inches. 2022. Sec. 233. Soil and Waste Pipes.— All main, soil, waste \ man holes, with proper covers. Overflow pipes from fixtures musl in all cases he eon nected on the inlel 3id< of the 1 raps. All earthenware traps must have heavy brass floor plates, •soldered to the lead hends and halted to llie imp flange, and the joint made tight. No putty or plaster '-hall he used. \'o dap shall he placed at the foot "l" the main soil and waste pipe hues. 'Idle size of the traps musl ii"l he less than the size of 764 the branch wastes. Traps for leaders, areas, floor and other drains must be at least three inches in diameter. Grease traps shall be constructed under the kitchen sink of every hotel, restaurant or other public institution where cooking is done. Traps of hath tubs must be placed in such manner that the clean-out is in plain view and flush with the floor. 2024. Sec. 236. Safe and Refrigerator Waste Pipes.— Safe and refrigerator waste pipes must be of galvanized iron, and nm be less than one inch in diameter, with lead branches of the same size. 2025. Sec. 237. Drip and Overflow Pipes. — Drip and over- flow pipes from safes under water closets and other fixtures, horizontal water pipes, or from tanks or cisterns, shall be run to some place in open sight, and in no such case shall any such pipe be connected directly with the drain, waste pipe or soil pipe. The branch or vertical line must be by "Y" fittings, and be carried up to the safe with as much pitch as possible. Lead safes must be graded and neatly turned over bevel strips at their edges. Where there is an offset on refrigerator waste pipe in the cellar, there must be clean-outs to control the horizontal part of the pipe. 2026. Sec. 238. Ventilation. — In tenement houses and Mig houses a water closet and urinal apartment must have a window opening to the outer air, except that tenement or Mi- house, three stories or less iw height, may have such window opening on a ventilation shaft not less than ten square feet in area. Tn all buildings the outside partitions of such apartment must extend to the ceiling or be independently ceiled over, and these partitions must be air tight. The outside partition must include a window to the outer air on the lot whereon the building is situated, or some other approved means of ventila- tion must be provided. When necessary to properly light such apartment the upper part of such apartment must be made T65 of glass. The interior partitions of such apartment may ln- dwarfed partitions. The closet must be set open and free from all inclosing woodwork. Where water closets will not support a rim seat, the seat must be supported on iron legs, and a drip tray must be used. The placing of pan. plunger, Ion- hopper or latrine type of water closets inside any building or house is expressly pro- hibited. The connections of traps must be made to main soil, waste or vent pipe by means of lead caulked or screwed joints. The overflow of cisterns shall in no case connect with any part of the drainage system. The copper linings of water closets and urinal cisterns must not be lighter than ten-ounce copper. Water closets and flush pipes must not be less than one and one-fourth inches, and urinal flush pipes, one inch in diameter, and if of lead must not weigh less than two and one-half pounds and two pounds per lineal foot. Flush couplings must be of the full size of the pipe. All urinals must be constructed of materials impervious to moisture, that will not corrode under the action of urine. The platform or treads of urinal stalls must not be con- nected to the plumbing system. Iron trough water closets and trough urinals must be enameled or galvanized. In tenemenl houses and lodging houses sinks must be entirely open, Oil iron legs Or brackets, without any inclosing woodwork. 2027. Sec. 239. Water Supply for Fixtures.— All water closets or other plumbing fixtures musl be provided with a suflirii ni supply of water for flushing, to keep them in proper and' cleanly condition. 2028. Sec. 240. Water Supply and Fittings.— All \ fitting- musl !><■ made in accordance with the rules an^ i lations of the Board of Water Commissions 2029. Sec. 241. Inspection of Plumbing Work.— All plumbing work musl !><■ inspected twice; once when tin pipe, venl or waste pip 1 - and lead work is roughed in. and again when the fixtures are placed and tin- work completed. ;r.i; When the plumbing work is roughed in, an air test of ten pounds to the square inch shall be placed thereon with a force pump, the pipe being closed with proper testing plugs. Plas- ter of Paris and oakum not being allowed; and the plumbing inspector shall be notified that the work is ready for inspec- tion, which test shall constitute the first inspection. After the fixtures are in and the work completed, the said ctor shall again he notified to that effect, and he shall go over all the work, and if the same be found to comply 'with all the requirements of this ordinance he shall give the plumber a certificate of his approval. 2030. Sec. 242. Gas Fittings.— The following table shows the proportionate size and length of tubing allowed to be used in any building : Size of Greatest Greatest Number Tubing. Length Allowed, of Openings. ^-inclv 20 feet. 2 J^-inch 30 feet. 3 inch 60 feet. 10 1-inch 70 feet. 15 1 ! 4-inch 100 feet. 30 1^-inch 150 feet. 60 2-inch 200 feet. 100 2^-inch 200 feet. 200 3-inch 200 feet. 300 No '^-inch pipe shall be concealed, and only six feet for one opening can be used as risers and drops for bracket lights of unconcealed work. The rising line of pipes in all buildings must be carried up on an inside partition out of the reach of frost, and must be placed where the meter and stop-cock can be readily got at. All openings must be closed with iron caps, and in no case will lead caps be allowed. Xo split pipe or broken fit- repaired with cement or lead will be allowed. All pipes must be examined by the Plumbing Inspector before said pipes are concealed, and due notice must be given by the fitter when any pipe is ready for inspection. The gas piping in any building shall be tested air-tight first when roughing in is completed, and second when the en- 767 tire building is completed and the work ready for gas fixtures. Said tests shall be made by having all openings closed and subjecting the piping to an air pressure test that will support a column of mercury six inches in height at least twenty minutes, provided that in no case shall spring gauge be used. On proof of a satisfactory test the Plumbing Inspector shall issue a certificate of inspection covering said work. 2031. Sec. 243. Gas Brackets (see Sec. 89).— All gas brackets shall be placed at least three feet below any ceiling" or woodwork unless the same is properly protected by a shield, in which case the distance shall not be less than eighteen inches. PART XXVII. Electrical Work. 2032. Sec. 244. Permission to Enter Buildings.— The Elec- trical Inspector and Assistant Inspector shall have the right at any time to enter any building in the discharge of their official duties, or for the purpose of making any electrical tests of the apparatus or appliances therein contained, and for that purpose they •-hall hi' given prompt access to all buildings, public and private, on application to the company or indi- vidual owning or in charge or control of the same. 2033. Sec. 245. Wiring of Buildings.— \'o alteration or change shall be made in the wiring of any building, nor shall any building within the limits of the City of St. Paul he wired for the placing of electric lights, motor or heating devices, nor shall any electrical systems, apparatus or devices of an\ kind whatsoever be placed or put in operation without first securing from said Electrical Inspector a permit therefor, nor shall any change be made in an\ electrical plant after inspec tion without first notifying said inspector and securing a per mit therefor. Before an} electrical work of am kind shall he covered up or in an) manner concealed from view, notice oi the intention to so conceal and cover up >uch work musl be given to --aid Electrical Inspector, and said In pectoi mall approve the manner of covering or concealing such work l" fore the same he covered Up and c Hicealed, or put in ;r.s 2034. Sec. 246. Permit and Inspection. — Whenever a sys- tem of electrical wiring is to be installed in a building it shall be the duty of the party desiring such installation to present specifications to the Electrical Inspector for his approval and el-tain a permit for such installation. Such permit shall not be -ranted unless such plans and specifications shall show that the wiring is to be done in accordance with the rules and regu- lations as hereinafter set forth, and upon the completion of the wiring of the building it shall be the duty of the company, firm or individual doing such wiring to notify said inspector, who shall at once'inspect the same, and if approved by him shall issue a certificate of satisfactory inspection, which shall contain the date of such inspection, and an outline of the results of such examination, but no certificate shall be issued unless the electric light, power or heating installation, and all apparatus and wiring connected with it, shall be in strict conformity with the rules and regulations as hereinafter set forth, nor shall any electrical current be turned on any such installation until said certificate is issued. Provided, however, that while the work of constructing, altering or repairing of any wires or system of electrical wir- ing of any building is in progress, the said Inspector may, in his discretion, issue the person procuring such work to be done, or desiring to use an electrical current in said building, a temporary permit for the use of an electrical current, which permit shall expire when the electrical apparatus, or wiring, or system of wiring, for such building has been fully installed, constructed, altered or repaired, and approved by said In- spector. 2035. Sec. 247. Dangerous or Unsafe Materials or Ap- paratus. — Any and all dynamos, motors, wires or other mate- rials used for electrical purposes, which shall have become, in the opinion of said Inspector, dangerous or unsafe to persons or property, shall be condemned and so marked by him, the • n or persons using the same shall upon receiving notice ol such condemnation from said Inspector immediately cause the same to be put in safe condition. In case any person owning or using electrical wires, dyna- motors, or other electrical apparatus, or material of any 769 nature whatsoever which shall have been condemned by said Inspector, shall fail to have the same put in safe condition within forty-eight (48) hours after receiving notice From said Inspector that the same has been condemned, or within such other reasonable length of time as shall be prescribed by said Inspector, then it shall be the duty of said Inspector to remove the fuse, cut the wires, or by other means completely discon- nect the condemned wire-, apparatus or materials from the source of electrical energy, and for the purpose of so discon- necting said condemned wires, apparatus or materials, said Inspector shall have the right at any time to enter upon any and all premises or buildings of any nature whatsoever in the City of St. Paul where such wires or materials are installed. And when any electrical wires, dynamos, motors or other electrical wires or material of any nature whatsoever have been disconnected or rendered inoperative by said Inspector, as set forth in the foregoing provisions of this section, it shall be unlawful for any person or persons to in any manner recon- nect the same, or cause the same to be reconnected with any S< nice of electrical energy, or to use the same as a part of any electrical system, until they have been put in a safe condition, and a certificate of such safe condition has been issued by said Inspector. 2036. Sec. 248. Permits for Erection, Alterations, Etc.— No permit for the erection, construction, alteration or change of any electrical work or wiring shall hi' issued to any indi- vidual, firm or corporation, excepting Interstate Telephone and Telegraph Companies, not licensed as required 1>\ Chap- ter 312, General Law- of Minnesota. L899, entitled "An Kc\ to regulate persons and corporations engaged in installing or repairing electrical wires and apparatus in certain cities of the State of Minnesota, and to provide for licensing persons and corporations to carry on said busine RULES AND REGULATIONS. 2037. Sec. 249. Stations and Dynamo Rooms. — Includes Central Stations. Dynamo, Motor and Storage Battery Rooms; Transformer, Substations, etc. 2038. 1. Generators. — a. Must be located in a dry place. b. .Must never be placed in a room where any hazardous process is carried on, nor in places where they would he ex- posed to inflammable gases, or dyings of combustible mate- rials. c. Must be insulated on floors or hase frames, which must be kepi filled to prevent absorption of moisture, and also kept clean and dry. Where frame insulation is impracticable, the frame -must be permanently and effectively grounded. A high potential machine, which, on account of great weight, or for other reasons cannot have its frame insulated from the ground, should be surrounded with an insulated plat- form, and so arranged that a man must stand upon it in order to touch any part of the machine. In case of a machine having an insulated frame, if there is trouble from static electricity due to belt friction, it should he overcome by placing near the belt a metallic comb con- nected with the earth, or by grounding the frame through a very high resistance of not less than two hundred ohms per volt generated by the machine. d. Every constant potential generator must be protected from excessive current by a safety fuse, or equivalent device of approved design, in each lead wire. These devices should be placed on the machine, or as near it as possible. e. Must each be provided with a water-proof cover. f. Must each be provided with a name plate, giving the maker's name, the capacity in volts and amperes, and the normal speed in revolution per minute. 2039. 2. Conductors. — From generators to switchhoards, rheostats or other instruments and thence to outside lines. a. Must be in plain sight or readily accessible. b. Must have an approved insulating covering, as re- quired for similar work, except that in Central Stations on ??1 exposed circuits, the wire which is used must have a heavy braided non-combustible outer covering. c. Must be kept so rigidly in place that they cannot come in contact. d. Must in all other respects be installed under the same precautions as required by rules for wires carrying a current of the same volume and potential. 2040. 3. Switchboards. — a. Must be so placed as to re- duce to a minimum the danger of communicating fire to adja- cent combustible material. b. Must be of non-combustible material, or of hard wood in skeleton form, filled to prevent absorption of moisture. c. Must be accessible from all sides when the connec- tions are on the back, but may be placed against a brick or Stone wall when the wiring is entirely on the face. d. Must be kept free from moisture. e. Bus bars must be equipped in accordance with rules for placing conductors. 2041. 4. Resistance Boxes and Equalizers. — a. Must be placed "ii a switchboard or,«if not thereon, then at a distance of a fool from combustible material, or separated therefrom by a non-inflammable, non-absorptive insulating material. 2042. 5. Lightning Arresters. — a. Must be attached to each side of every overhead circuit connected with the station. 1). Musi be located in readily accessible places away from combustible material, and as near as practicable to the point w here the \\ ires enter the buildin Station arresters should be placed in plain sight on the switchboard. In all cases kinks, coils and sharp bends in the wires, be- tween arresters and the outdoor lines, musl be avoided. c. Musj be connected with a thoroughly g 1 and per- manenl ground connection 1>\ metallic strips of wire having a conductivity nol li •- than thai ol a Mo. 6 B. and S. copper wire which musl be run as nearly in a straighl line as i" ,s sible from the arresters to the earth, connection. 2043. 6. Care and Attendance. — a. \ competenl man must be kepi on duty where the generators are operatin m h. Oily waste must be kept in approved metal cans, and removed daily. Approved waste cans shall have self-closing covers, and be made of metal, the same shall have legs raising the can three inches'from the floor. 2044. 7. Testing of Insulation Resistance. — a. All cir- cuits must be provided with reliable ground detectors. Detectors which indicate continuously, and give an in- stant and. permanent, or other, indication of a ground are preferable. Ground wires from detectors must not be at- tached to gas pipes or structural iron work within the building. b. Where continuously indicating detectors are not feasi- ble, the circuit should be tested at least once per day. c. Data obtained from all tests must be preserved for examination by the Inspector. All generators, motors, wires, lamps and other electrical appliances shall at all times test free from ground. When the ground- detector at- the generator shows a ground on the wiring, the owner of such generator or wires in the case of an insulated plant, shall immediately cause such ground to be located and raised, or to cut the current off from such wires. If the generators are Central Station generators, then the company or person owning or operating them shall immediately locate such ground and notify the Inspector, who shall immediately order the owner, or agents of the owners, of the wires, or of the building where such ground wires are located, to raise such ground, and said owners or agents shall cause such ground to be raised, or the current cut off from all -n.unded wires in said building within forty-eight hours after notice has been served on them by the Inspector. And such ■inded wires shall not thereafter be used for conveying cur- rent for electric light or other purposes until they test clear of grounds. These rules on testing to be applied at such places as may be designated by the Inspector. 2045. 8. Motors. — a. Must be insulated on floors or base frames, which must be kept filled to prevent absorption of moisture: and must be kept clean and dry. Where frame in- sulation is impracticable, the frame must be permanently and effectively grounded. •> « > 1 . •) A high potential machine which, on account of great weight or for other reasons can not have its frame insulated, should be surrounded with an insulated platform, and so ar- ranged that a man must stand upon it in order to touch any part of the machine. In case of a machine having an insulated frame, if there is trouble from static electricity due to belt friction, it should be overcome by placing near the belt a metallic comb con- nected to the earth, or by grounding the frame through a very high resistance of not less than two hundred ohms per volt generated by the machine. b. Must be wired under the same precautions as re- quired by rules for wires carrying a current of the same volume and potential. Tlie leads or branch currents should be designed to carry a current at least fifty per cent, greater than that re- quired by the rated capacity of the motor to provide for the inevitable overloading of the motor at times without over- fusing the wires. c. The motor and resistance box must be protected by a cut-out and controlled by a switch, said switch plainly indi- cating whether "on" or "off." Where one-fourth horse power or less is used on low tension circuits, a single pole switch will be accepted. The switch and rheostal musl lie located within sighl - >i' the motor. d. Must have their rheostats of starting boxes located so as to Conform to the requirements of No. I. In connection with motors the use <>i" circuit breakers, automatic starting-boxes and automatic under-load switches quired on all machines of twenty-five horse power or over. e. Must not be run in series multiple or multiple-series, pi Mi) constanl potential systems, ami then only by special permission i >f the Inspector. f. Must, when combined with ceiling fans, !><• hung from insulated hooks, or else there must be an insulator interposed bet w een tin- motor ami ii - suppi »rt. g. Musi . & S., except as allowed under rules 24-t and 45-b. b. Tie wire must have an insulation equal to that of the conductors they confine. c. Must be so spliced or joined as to be both mechan- ically and electrically secure without solder. They must then be soldered to insure preservation, and the joint covered with an insulation equal to that on the conductors. Stranded wires must be soldered before being fastened under clamps or binding screws, and when they have a con- 775 ductivity greater than Xo. 10 B. & S. copper wire they must be soldered into lugs. d. Must be separated from contact with walls, floors, timbers or partitions through which they may pass by non- combustible, non-absorptive insulating tubes, such as glass or porcelain. Bushings must be long enough to bush the entire length of the hole in one continuous piece, or else the hole must firsl be bushed by a continuous water-proof tube, which may be a conductor (such as an iron pipe), the tube is then to have a non-conducting bushing pushed in at each end so as to keep the wire absolutely out of contact with the conducting pipe. e. Must be kept free from contact with gas, water or other metallic piping or any other conductors or conducting material which they may cross by some continuous and firmly fixed non-conductor creating a separation of at least one inch. f. Must be so placed in wet places that an air space will be left between conductors and pipes in crossing, and the for- mer must be run in such a way that they cannot come in con- tact with the pipe accidentally. Wire should be run over, rather than under, pipes upon which moisture is likely to gather, or which by leaking might cause trouble on a circuit. 2050. 13. Underground Conductors. — a. Must be pro- tected when brought into a building against moisture and mechanical injur}', and all combustible material must be kept removed from the immediate vicinity. 1). Must not be so arranged as to shunt the current through a building around any catch-box. 2051. 14. Table of Carrying Capacity of Wires. — The fol- lowing table musl be followed in placing interior conductors, Said tabic shows the allowable carrying capacity of wires and cables of ninety-eighl per cent, conductivity: TABLE A. TABLE B. Weather-proof Rubber-Covered Wires. ; & S. G. Wires. See Nos. 42 to 44. Amperes. Sec No, 41. Amperes. Circular Mills. 18 • ! 5 l.r.2 1 L6 6 8 2,583 11 12 16 4.107 L2 17 23 6,530 LO 24 32 10,380 8 33 46 16,510 6 46 65 26,250 5 54 77 33,100 4 65 92 41.740 3 76 IK) 52,630 2 90 131 66,370 1 107 156 83,690 127 185 105,500 00 150 220 133,100 000 i;; 262 167,800 III Mill 210 312 211.600 2052. CIRCULAR MILLS. 200.i him 200 300 • 00, I 270 400 too, 330 500 500,000 390 590 600,000 . 450 680 700,000 500 760 3i 0, 550 840 ! .hud 600 920 1 000,000 650 1,000 1.100,000 690 1.080 1,200, 730 1.150 1 300,000 770 1,220 [..400,000 810 1,290 1,500,000 850 1,360 1,600,000 890 1,430 1 700,000 930 1,490 i0,000 970 1,550 1.900,000 1,010 1,610 2,000,000 1,050 1,670 m The lower limit is specified for rubber-covered wires, to prevent gradual deterioration of the high insulations by the heat of the wires, but not from fear of igniting the insulation. The question of drop is not taken into consideration in the above tables. The carrying capacity of sixteen and eighteen wire is giv- en, but no smaller than fourteen is to be used, except as al- lowed under Rules 24-t and 15-b. 2053. 15. Switches, Cut-Out, Circuit Breakers, Etc. — a. Must, whenever called for, unless otherwise provided (for ex- ceptions see Nos. c and 22>-c), be so arranged that the cut-out will protect, and the opening of the switch or circuit-breaker will disconnect, all of the wires; that is, in a two-wire system the two wires, and in a three-wire system the three wires, must be protected by the cut-out. and disconnected by the operation of the switch or circuit-breaker. b. Must not be placed in the immediate vicinity of easily ignitable stuff, or where exposed to inflammable gases or dust. or to flyings of combustible material. c. Must, when exposed to dampness, either be enclosed in a water-proof box or mounted on porcelain knobs. 2054. Sec. 250. Constant Current Systems. — Principally Series Arc Ligh-ting. — 16. Wires. — a. Must have and ap pioved rubber insulating covering. b. Musi be arranged to enter and leave the building through an approved double contact service switch, mounted in a ii' oi combustible case, kepi free from moisture and easy of access to police or firemen. So-called "snap switches" musl not be u--ed on high potential circuits. c. Mu>t always he in plain sight. d. Must be supported on glass or porcelain insulators, which separate the wires at least one inch from the sui wired over, and musl be kepi rigidly at hast eighl inches from each other, excepl within the structure of lamps on han boards and cul oul b like places where a l< di tance i \ necessar) . e. Must on sidewalks be protected from mechanical in- jury by a substantial boxing, retaining an air Bpace of one inch around the conductors, closed at the top (the wires pass- ing through bushed holes) and extending not less than seven feet from the floor. When crossing floor timbers in cellars or mis where they might be exposed to injury, wires must be attached by their insulating supports to the under side of a wooden strip not less than one-half inch in thickness. 2055. 17. Arc Lamps. — a. Must be carefully isolated from inflammable material. b. .Must be provided at all times with a glass globe sur- rounding the arc. securely fastened upon a closed base. Xo broken or cracked globes to be used. c. Must be provided with a wire netting (having a mesh not exceeding one and one-fourth inches) around the globe, and an approved spark arrester when readily inflammable material is in the vicinity of the lamps, except when closed globes are used, to prevent escapes of sparks, melted copper or carbon. Arc lamps when used in places where they are exposed to livings of easily inflammable material should have the carbons enclosed completely in a globe in such manner as to avoid the necessity for spark arresters. Globes and spark arresters ..will not be required in so- called ''inverted arc" lamps, but this type of lamp must not be used where exposed to flyings of easily inflammable materials. d. Where hanger boards are not used, lamps must be hung from insulating supports other than their conductors. 2056. 18. Incandescent Lamps in Series Circuits. — a. Must have the conductors installed as heretofore provided, and each must be provided with an automatic cut-out. b. Must have each lamp suspended from a hanger-board by means of a rigid tube. c. No electro-magnetic devices for switches, and no sys- tem of multiple-series or series-multiple lighting will be al- lowed. d. Under no circumstances must they be attached to gas fixtr,- 2057. Sec. 251. Constant Potential Systems— General Rules — All Voltages. 779 2058. 19. Automatic Cut-Outs (Fuses and Circuit Break- ers). — a. Must be placed on all service wires, cither overhead or underground, as near as possible to the point where they (.-liter the buildings and inside the walls, and arrange to cut oil the entire current from the building. Where the switch required is inside the building, the cut- out required by this section must be placed so as to protect it. b. Must be placed at every point where a change is made in the size of wire (unless the cut-out in the larger wire will protect the smaller). c. To be enclosed in an approved cabinet, or provided with an approved cover (see No. 52). They must not be placed in the canopies or shells of fixtures. Must be readily accessible. d. Mtist be so placed that no set of incandescent lamps, whether grouped or on one fixture, or several fixtures or pend- ants, requiring more than 660 watts shall be dependent upon one cut-out. except in the cases of large chandeliers, stage borders and illuminated signs. e. Must be provided with fuses, the rated capacity of which does not exceed the allowable carrying capacity of the wires, and, when circuit-breakers arc used, the)' must not be set more than about thirty per cent, above the allowable carry- ing capacity of the wire, unless a fusible cut-out is also in- stalled in the circuit. 2059. 20. Switches (see No. 15, and for Construction, No. 51). — a. Musi be placed on all service wires either overhead or underground, in readil} accessible places, as near as possi ble to the point where the wires enter the building, and ar- range to cut off the entire current. b. Must always be placed in dry, accessible places, and grouped as far as possible. Knife switches niu^t be so placed that gravity will tend to open rather than close the switches. C Mils) no) be single pole, excepl when the circuits Which they control, supply not more than six In candle power lamps, or their equivalent. d. Whfire Hush switches are used, whether the conduit system or not, the switches must be enclosed in boxes con ?80 slructed of or lined with fire-resisting material. X<» push but- tons for bolls or gas lighting circuits shall be placed in the same wall plate with switches controlling electric light or power wiring. 2060.. 21. Electric Heaters. — a. Must, if stationary, be placed in a safe situation, isolated from inflammable material, and be treated as sources of heat. b. Must each have a cut-out and indicating switch. ( See Xo. 15a. I c. Must have the attachment of feed wires to the heaters in plain sight, easily accessible and protected from inter- ference, accidental or otherwise. d. The flexible conductors for portable apparatus, such as iron, etc., must have an approved insulating covering". (See Xo. 45h.) e. Must each be provided with name plate, giving the maker's name, and the normal capacity in volts and amperes.' 2061. Sec. 252. Low Potential System— 380 Volts or Less. Any of the circuit attached to any machine, or combination of machines, which develop a difference of potential between any two wires of oyer ten volts and less than three hundred volts, shall be considered "as a low potential circuit, and as coming under this class, unless an approved transforming device is used, which cuts the difference of potential dowm to ten volts or less. The primary circuit not to exceed a poten- tial of thirty-five hundred volts. 2062. Sec. 253. General Rules— 22. Wires.— a. Must not be laid in plaster, cement or similar finish. b. Must never be fastened with staples. c. Must not be fished for any great distance, and only in places Avhere the Inspector can satisfy himself that the rules have been complied with. d. Twin wires must never be used, except in conduits or where flexible conductors are necessary. e. Must be protected on side walls from mechanical in- jury. When crossing floor timbers in cellars or in rooms where they might be exposed to injury, wires must be attached by their insulating supports to the under side of a wooden 781 strip, not less than one-half inch in thickness, and not less than three inches in width. Suitable protection on the side wall may be secured by a substantial boxing retaining an air space of one inch around the conductor, closed at the top (the wires passing through bushed holes), and extending not less than one foot from the floor, or by an iron-armored or metal sheathed insulating con- duit sufficiently strong to withstand the strain it will be sub- ject to, or plain metal pipe line with insulating tubing, which must extend one-half inch beyond the end of the metal tube. The pipe must extend not less than five feet above the floor, and may extend through the floor in place of a floor bushing. If iron pipes are used with alternating currents the two 01 more wires of a circuit must be placed in the same conduit. In this case the insulation of each wire must be reinforced by a tough conduit tubing projecting beyond the ends of the iron pipe, at least two inches. f. When run immediately under roofs, or in proximity to v.ater pipes or tanks, will he considered as exposed to moisture. 2063. Sec. 254. Special Rules— For Open Work in Dry Places. — g. Must have an approved rubber or "slow burning" weather-proof insulation. (See Nos. II and L2.) h. Musi be rightly supported on non-combustible, non- absorptive insulators which separates the wire at least one- half inch from the surface wired over, and they must be kepi apart, at leasl two and one-half inches. Rigid supporting requires, under ordinary conditions, where wiring along ilat surfaces, supports at leasl ever} Four and one-half feet. If tin- wire-, arc liable to be disturbed, the distance between supports should be shortened. In buildings of niill construction mains of s B. & S. wire or over, where no) liable to be disturbed, may be separated about four inches and run from timber to timber, not breaking around, and ma\ be supported at each timber only. In dam]) place-., such as breweri< • houses, packing houses, stables, dye houses, paper or pulp mills, or buildings specially liable to moisture 782 or acid, or other fumes liable to injure the wire or its insula- tion, except where used for pendants. i. Must have an approved rubber insulating covering. e No. 11.) j. Must be rigidly supported on non-combustible, non- absorptive insulators, which separate the wire at least one inch from the surface wired over, and they must be kept apart at two and one-half inches. Rigid supporting requires, under ordinary conditions, where wiring over flat surfaces, supports at least every four and one-half feet. If the wires are liable to be disturbed the distance between the supports should be shortened. In build- ers of mill construction mains of No. 8 B. & S. wire, where not liable to be disturbed, may be separated about four inches and run from timber to timber, not breaking around, and may be supported at each timber only. k. Must have no joints or splices. 2061 For Molding Work. — 1. Must have an approved rubber insulating covering. (See No. 41.) m. Must never be placed in molding, in concealed or damp places. n. Must have an approved rubber insulating covering. rSec No. 47.) o. Must not be drawn in until all mechanical work on the building has been, as far as possible, completed. p. Must for alternating systems have two or more wires of a circuit drawn in the same conduit. 2065. Fcr Concealed "Knob and Tube" Work.— q. Must have an approved insulating covering. (See No. 41.) r. Must be rigidly supported on non-combustible, non- absorptive insulators, which separate the wire at least one inch from the surface wired over, and must be kept at least ten inches apart, and when possible should be run singly on separate timbers or studding. Rigid supporting requires, under ordinary conditions. where wiring along flat surfaces, supports at least every four and one-half feet. If the wires are liable to be discurbed, the distance between the supports should be shortened. 783 s. When, from the nature of the case, it is impossible to place concealed wiring on non-combustible insulating sup- ports of glass or porcelain, an approved armored cable, single or twin conductors (see No. L3) may be used, if it is installed without joints between outlets, and the cable armor properly rulers all fittings and is rigidly secured in place, or, if the wires are not exposed to moisture, they may be finished on the loop system, if separately incased throughout in approved flexible tubing or conduits. 2066. For Fixture Work. — t. Must have an approved rub- ber insulating covering (see No. 44), and shall not be less in size than No. 18 B. & S. u. Supply conductors, and especially the splices to fix- ture wires, must be kept clear of the grounded part of gas pipes, and where shelves are used, the latter must be con- structed in a manner affording sufficient area to allow this re- quirement. v. Must, when fixtures are wired outside, be SO secured as not to be cut or abraded by the pressure of the fastenings cr motions of the fixtures. 2037. 23. Inferior Conduits. — a. No conduit tube having an internal diameter of less than five-eighths of an inch shall be used (if conduit is lined, measuremenl to be inside the lining I. b. Musi be continuous from one junction box to another, or to fixtures, and the conduil tube musl properl) chut all lit tin g c. Must be firsl installed as a complete conduil system, without the conductor-. d. Must be equipped at ever} outlel with an approved outlet box. e. Metal conduits, where they enter junction boxes, and at all other outlets, etc., musl be fitted with a capping of approved insulating material, fitted so as to protecl wire from abrasi( »n. f. Musi have the metal of the conduil permanently and effectually gr< tunded. 784 2068. 24. Fixtures. — a. Musi, when supported from the piping of a building, be insulated from the gas pipe sys- tem b) mean- of approved insulating joints (see No. 55), placed as closel} as possible to the ceiling. b. Must have all burrs or fins removed before the con- duct"!- are drawn into the fixtures. c. ldie tendency to condensation within the pipes should l>e guarded against by sealing the upper ends of the fixture. d. Xo combination fixture in which the conductors are concealed in a space less than one-fourth of an inch between the inside pipe and the outside casing will be allowed. e. Must be tested for "contacts'' between conductors and fixture for short circuits and for ground connections before it is connected to its supply conductors. f. Ceiling blocks for fixtures should be made of insulat- ing material: if not. the wires in passing through the plate must be surrounded with non-combustible, non-absorptive in- sulating material, such as glass or porcelain. 2069. 25. Sockets. — a. In rooms where inflammable gases ma}' exist the incandescent lamp and socket must be inclosed in a vapor-tight globe, and be supported on a pipe hanger wired with approved rubber-covered wire (see Xo. 41) sold- ered directly to the circuit. In damp or wet places, or over specially inflammable stuff, water-proof sockets must be used. When water-proof sockets are used they should be hung separate stranded rubber-covered wires, not smaller than No. 14 B. & S., which should preferably be twisted together when the drop is over three feet. These wires should be -' ldered directly .to the circuit wires, but supported inde- pendently of them. 2070. 26. Flexible Cord. — a. Must have an approved in- sulation and covering (see No. 43). b. Must not be used as a support for clusters. c. Must not be used except for pendants, wiring of fix- tures and portable lamps or motors. d. Must not be used in show windows. e. Must be protected by insulated bushings where the cord enters the socket. 785 f. Must be so suspended that the entire weight of the socket and lamp will be borne by knots under the bushing in the socket, and above the point where the cord conies through the ceiling block or rosette, in order that the strain may be taken from the joints and binding screws. 2071. 27. Arc Lights on Low Potential Circuits. — a. Must have a cut-out (see No. 15-a) for each lamp or series of lamps. b. Must only be furnished with such resistance or regu- lators as are enclosed in non-combustible material, such re- sistance being treated as sources of heat. Incandescent lamps must not be used for resistance devices. c. .Must be supplied with globes and protected with spark arresters and wire netting around globe, as in the case of arc lights on high potential circuits. (See Nos. 17 and 57. I d. For one five-ampere lamp or smaller, No. 14 wire, or larger, must be used. For two five-ampere arc lamps, on one circuit. Xo. 12. or larger, must be used. 2072. 28. Economy Coil. — a. Economy and compensator coils For arc lights must be mounted on non-combustible, non- absorptive insulating supports, such as glass or porcelain, allowing an air space of at leasl one inch between frame and supports, and in general to be treated like sources of heat. 2073. Sec. 255. High Potential Systems— 300 to 3,500 Volts. — Any circuit attached to any machine, or combination of machines, which develop a difference of potential between any two wires of over 300 volts, and less than 3,500 volts, shall be considered as a high potential circuit, and as coming under that class unless an approved transforming device i s used, which cuts the difference of potential down to 300 volts or less. 2074. 29. Wires. — a. Musi have approved rubber insu- lating covering, i See No. 38. 1 b. Musi always be in plain sight, and never encased, ex- cept where required by the Electrical Inspector. c Must be rigidly supported on glass oi procelain in sulators, which raise the wire at leasl one inch from the sur- face wired over, and musl be kept apart at leasl four inches 786 for voltages up to ?50, and at least eight inches for voltages over 150. Rigid supporting requires, under ordinary circumstances, where wiring along flat surfaces, supports at least every four and one-halt' feet. If the wires are unusually riable to be dis- turbed the distance between supports should be shortened. In buildings of mill construction mains of No. 8 B. & S. wire, or over, where not liable to he disturbed, may he separ- ated about six inches for voltages up to ;"><>, and about ten inches for voltages above 750, and run from timber to timber, n<>t breaking around, and may be supported at each timber only. d. Must be protected on side walls from mechanical in- jury by a substantial boxing, retaining an air space of one inch around the conductors; closed at the top (the wires p ing through bushed holes) and extending not less than seven feet from the floor. When crossing floor timbers, in cellars or in rooms, where they might be exposed to injury, wires must be attached by their insulating supports to the under- side of a wooden strip not less than one-half an inch in thick- ness. 2075. 30. Transformers. — (When permitted inside build- see No. 11 ). a. Must be located at a point as near as' ;ible to that at which the primary wires enter the building. b. .Must be placed in an inclosure constructed of. or lined with, fire resisting material; the enclosure to be used only for this purpose and to be kept securely locked, and acce-s to the same allowed only to responsible persons. c. .Must be effectually insulated from the ground, ami the enclosure in which they arc placed must be practically air tight, except that it shall be thoroughly ventilated to the out- door air. if possible, through a chimney or flue. There should he at least six inches air space on all sides of the transformer. 2076. 31. Car Houses. — a. Must have the trolley wires securely supported on insulating hangers. b. Must have the trolley hangers placed at such distance apart that in case of a break in the trolley wire, contact can- not be made with the floor. c. Must have cut-out; switch located at a proper place outside of the building so that all trolley circuits can Ik- cut out at one point, ami line of circuit breakers must he installed >■ that when this cut-out switch is open the trolley wire will be dead at all points within one hundred feet of the building. The current must be cut out of the building whenever the same is not in use or the road not in operation. d. Must have all lamps and stationar) motors installed in such a way that one main switch can control the whole of each installation lighting or power, independently of main feeler switch. No portable incandescent lamps or twin wire allowed, except that portable incandescent lamps may be used in the pits; connections to be made by two approved rubber- red flexible wires (see No. 38), properly protected against mechanical injury; the circuit to be controlled by a switch placed i iutside < if the pit. e. Must have all wiring apparatus installed in accord- ance with rules under "C" for constant-potential systems. f. Musi not have any system of feeder distribution cen- tering in the building. g. Must have the rails bonded al each joint with not less than No. 2 I'.. & S. annealed copper wire; also a supplementary wire to be run fi ir each track'. h. Musi not have cars left with trolle) in electrical con Mi with i n illey \\ ire, 2077. 32. Lighting and Power from Railway Wires. — a. Musi nol be permitted under any pretense in the same circuit with trolle) wires with a -round return, excepl in electrical railway cars, electric car houses and their power stations, nor shall the same dynamo be used for both purposes. 2078. 33. Series Lamps. — No system of multiple series or series multiple for lighl or power will be allowed. b. Under no circumstances can lamps be attached to fixtures. 2079. Sec. 256. Extra High Potential Systems.— Over 3.500 Volts. — Any circuil attached to an) machine or combina tion-, of machines which develop a difference of potential be tween an) two wires, or over 3,500 volts, shall be consid< ?88 a> an extra high-potential circuit, and as coming under that 5, unless an approved transforming device is used, winch cuts the difference of potential down to 3,500 volts or less. 2080. 34. Primary Wires. — a. .Must not he brought into iver buildings except power and substations. 2081. 35. Secondary Wires. — a. Must he installed under rule for high-potential systems when their immediate primary wires carry a current at a potential of over thirty-five hundred 5, unless the primary wires are entirely underground. 2082. Sec. 257. Fittings, Materials and Details of Con- struction. — All Systems and Voltages. Insulated AYires: 2083. 36. General Rules. — a. Copper for insulated con- ductors must never vary in diameter so as to be more than two one-thousandths of an inch less than the specified size. 2084. 37. Rubber Covered. — a. Copper for conductors must be thoroughly tinned. Insulation for voltages between and 600. h. Must be of rubber or other approved substance, and be of a thickness not less than that given in the following table for B. & S. gauge sizes: From 18 to 16 inclusive. 1-32-inch From 11 to 8 inclusive. 3-64-inch From 7 to 2 inclusive, 1-16-inch From 1 to 0000 inclusive, 5-64-inch From 0000 to 500000 C. M., 3-32-inch From 500000 to 1000000 C. M.. 7-64-inch Larger than 1000000 C. M., 1-8-inch Measurements of insulating walls are to be made at the thinest portion of the dielectric. c. The completed coverings must show an insulation re- nce of at least 100 megohms per mile during thirty days' immersion in water at seventy degrees Fahrenheit. d. Each foot of the completed covering must show a dielectric strength sufficient to resist throughout five minutes the application of an electro-motive force of 3,000 volts per one sixty-fourth of an inch thickness of insulation under the fol- lowing conditions: 789 The source of alternating electro-motive force shall be a transformer of at least one kilowatt capacity. The applica- tion of the electro-motive force shall first be made at t,000 volts for five minutes and then the voltage increased by steps of not over 3,000 volts, each held for five minutes, until the rupture of the insulation occurs. The tests for dielectric Strength shall be made of a sample of wire which has been im- mersed for 72 hours in water, one foot of which is submerged in a conducting liquid held in a metal trough, one of the trans- former terminals being connected to the copper of the wire and the other to the metal of the trough. 2085. Insulation for Voltages Between 600 and 3,500.— e. The thickness of the insulation walls must not be less than those given in the following table for B. »!<: S. gauge sizes: From 11 to 1, inclusive, 3-32 inch. From u to 500000 C. ML, 3-32, covered by a tape or a braid. Larger than 500000 C. M.. 1-32, covered by a tape or braid. f. The requirements as to insulation and break-down re- sistance for wires for low-potential systems shall apply with the exception that an insulation resistance of not less than 300 megohms per mile shall be required. 2086. Insulation for Voltage over 3,500. — g. Wire for arc light circuits exceeding 3,500 volts potential shall have an in- sulating wall not less than six thirty seconds of an inch in thickness, and shall withstand a breakdown lest of at least thirty thousand volts, and have an insulation y)\ at leasl 500 megohms per mile. Mi'- tests "i! this wire to be made under |.he same con- ditions a- for low-potential wires. h. All of the above insulations must be protected b) a substantial braided' covering, properly saturated with a pre- servative compound, and sufficiently strong to withstand all the abrasion likely to be met with in practice, and sufficientl) clastic to permit all wires smaller than \'o. i I'.. & S. gauge to be bent around a cylinder with twice the diameter of the wire w ithoul injur}- to the braid. 2087. 38. Slow-Burning Weather Proof. — a. The Insula- tion shall COnsisI of tWO COatingS, the inner one to be fnc proof From 14 to From * to From 2 to l-'n mi 0000 to 790 in character, the outer to be weather proof. The inner fire iating must comprise at least six-tenths of the total thickness of the wall. The complete covering- must he of a thickness not less than that given in the following table for S. gauge sizes : 8 inclusive, 3-64-inch 2 inclusive, 1-16-inch 0000 inclusive, 5-64-inch 500000 C. M., 3-32-inch From 500000 to 1000000 C. M., 7-64-inch Larger than 1000000 C. M., 1-8-inch Measurements of insulating wall are to be made at the thinest portion of the dielectric. b. The inner fire proof coating shall be layers of cotton or thread, the outer one of which must be braided. All the interstices- of the layers are to be filled with fire proofing com- pound. This material, whose solid constituent is not suscep- tible to moisture and which will not burn even when ground i:i an oxidizable oil, making a compound which, while proof against fire and moisture, at the same time has considerable elasticity and which, when dry, will suffer no change at a tem- perature of 250 degrees Fahrenheit. " c. The weather proof coating shall be of a stout braid thoroughly saturated with a dense moisture proof compound thoroughly slicked down, applied in such a manner as ta drive any atmospheric moisture from the cotton braiding, thereby securing a covering to a great degree water proof and of high insulating power. This compound to retain its elasticity at zero Fahrenheit, and not to drip at one hundred and sixty de- grees Fahrenheit. 2088. 39. Slow-Burning. — a. This "slow-burning" wire shall only be used with special permission of the electrical in- spector. 2089. 40. Flexible Cord. — a. Must be made of stranded copper conductors, each strand to be not larger than Xo. 26 or smaller than Xo. 30 B. & S. gauge, and each stranded con- ductor must be covered by an approved insulation and pro- 791 tected from mechanical injury by a tough, braided outer cov- ering. b. Each stranded conductor to have a carrying capacity equivalent to not less than a Xo. 16 B. & S. gauge wire. c. The covering of each stranded conductor must be made up as follows : 2090. 1. A tight, close wind of fine cotton. 2091. 2. The insulation proper, which shall be either water proof or slow-burning. 2092. ■'<. An outer cover of silk or cotton. d. Water-proof insulation must be solid, at least one- thirty-second of an inch, and must show an insulation resist- ance of fifty megohms per mile throughout two weeks' im- mersion in water at 70 degrees Fahrenheit, and stand the tests prescribed for low tension wires, as far as they apply. e. Slow-burning insulation must be at least one-thirty- second of an inch in thickness and composed of substantial. elastic, slow-burning materials, which will suffer no damage at a temperature of 350 degrees Fahrenheit. f. The outer protecting braiding should be so put mi and d in place that when cut it will not fray out and where cotton i> used it should he impregnated with flame-proof paint, which will not have an injurious effect on the insulation. 2093. For Portables. — Tn this class is included all cord used on portable lamps, small portable motors, etc. g. Flexible cord for portable use must have water-proof insulation, as required in Section I) for pendanl cord, and in addition be provided with a reinforcing cover especiall} de- signed to withstand the abrasion it will he subjected to in the •■ i which it i- to !"• put. 2094. For Portable Heating Apparatus. — h Must he made up a- follows ; 2095. l. A tight, close wind of fine cotton. 2096. 2. A thin layer of rubber aboul one hundredth of an inch thick-, or other cemenj material. 2097. 3. A layer of asbestos insulation a1 leasl three sixty fourths Of an inch. 792 2098. I. A stout braid of cotton. 2099. 5. An outer reinforcing cover especially designed t< i withstand abrasion. 2100. 41. Fixture Wire. — a. Must have a solid insulation with a slow burning, tough outer covering, the whole to be at one-thirty-second of an inch in thickness, and show an insula- tion resistance between conductors, and between either con- ductor and the ground, of at least one megohm per mile after one week's submersion in water at seventy degrees Fahren- heit, and after three minutes electrification with 550 volts. 2101. 42. Conduit Wires. — .Must comply with the follow- ing specifications: a. For metal conduits, having a lining of insulation material, single wires, must comply with Xo. 38, and all duplex twin and concentric conductors must comply with Xo. 38 and must also have each conductor separately braided or taped, and a substantial braid covering the whole. b. For unlined metal conduits, conductors must conform to the specifications given for lined conduits, and in addition have a second outer fibrous covering at least one-thirty-second of an inch in thickness, and sufficiently tenacious to withstand the abrasion of being hauled through the metal conduit. 2102. 43. Armored Cable. — a. The armor of such cables must be at least equal in thickness and of equal strength to resist penetration by nails, etc., as the armor of metal cover- ings of metal conduits. (See Xo. 47-b.) b. The conductors in same, single wire or twin conduc- . must have an insulating covering as required by No. 38; any filler used to secure a round exterior must be impregnated with a moisture repellent, and the whole bunch of conductors and fillers must have a separate exterior covering on insulat- ing material at least one-thirty-second of an inch in thickness conforming to the insulation standard given in Xo. 41, and red with substantial braid. 2103. 44. Interior Conduits. — Each length of conduit, whether insulated or uninsulated, must have the maker's name or initials stamped in the metal or attached thereto in a satis- factory manner so that it can readily be seen. 793 2104. Metal Conduits With Lining of Insulating Material. b. The metal covering or pipe must be equal in strength to the ordinary commercial forms of i^as pipe of the same size, and its thickness must not be less than that of standard gas pipe, as shown by the following table: Size in Inches. Thickness of Wall in Inches. y 2 L09 H 1U H U3 1 134 r , 140 \y 2 145 2 L54 An allowance of two-one-hundredths of an inch for varia- tion in manufacturing and loss of thickness by cleaning will be permitted. c. Must not be seriously affected externally by burning out a wire inside the tube when the iron pipe is connected to side i >f the circuit. d. Must have the insulating lining firmly secured to the pipe. e. The insulating lining must not crack or break when a length of the conduit is uniformly beut at a temperature of 212 degrees Fahrenheii to an angle of 90 degrees, with a curve having a radius of fifteen inches For pipes of one inch and less and fifteen times the diameter of pipe for larger pipes. f. The insulating lining must not soften injuriously at a temperature below 212 degrees Fahrenheit, and must leave r in which it is boiled practically neutral. g. 'fhe insulating lining must he al least one tliirtx second of an inch in thickness, and the materials ,,f which it is composed musl be of such a nature as will not have a deterior- ating effect in the insulation of the conductors and he suf- ficiently tough and tenacious to withstand the abrasion test of drawing long lengths of conductors in and out of same. h. 'fhe insulating lining musl not he mechanically weak after three days submersion in water, and when removed from the pipe entire musl not absorb more than ten per cenl of its weighl in water during inn hours of submersion. 794 i. All elbows or bends must be so made that the con- duit or lining of same will not be injured. The radius of the curve of the inner edge of any elbow not to be less than three and one-half inches. Must have not more than the equivalent oi four quarter bends from outlet to outlet, the bends at the outlets not being counted. 2105. Unlined Metal Conduits. — j. Plain iron or steel pipes of equal thickness and strength specified for lined con- duits in Xo. 17-b, may be used as conduits, provided their in- terior surfaces are smooth and free from burrs. Pipe to be galvanized, or the interior surfaces coated or enameled to pre- vent oxidization, with some substance which will not soften so as to become sticky and prevent wire from being with- drawn from the pipe. k. All elbows or bends must be so made that the con- duit will not be injured. The radius of the curve of the inner edge of any elbow not to be less than three and one-half inches. Must have not less than the equivalent of four quarter bends fn im outlet to outlet, the bends at the outlet not being counted. 2106. 45. Wooden Moldings. — a. Must have both out- side and inside, at least two coats of water proof paint, or be impregnated with the moisture repellent. b. Must be of two pieces, a backing and a capping, so constructed as to thoroughly incase the wire, and provide a one-half inch tongue between the conductors and a solid back- ing, which under grooves shall not be less than three-eighths of an inch in thickness, and must afford suitable protection From abrasion. 2107. 46. Switches. — a. Must be mounted on non-com- bustible, non-absorptive insulating bases, such as slate or porcelain. b. Must have carrying capacity sufficient to prevent un- due heating. c. Must when used for service switches, indicate, on in- spection, whether the current be "on" or "off." d. Must be plainly marked where it will always be visible with the current and voltage for which the switch is designed. e. Must, for constant-potential system, operate success- fully at fifty per cent overload in amperes, with twenty-five per 795 cent excess voltage, under the most severe conditions the}' arc liable to meet with in practice. f. Must, for constant-potential systems, have a firm and secure contact ; must make and break readily and not stop when motion has once been imparted by the handle. g. Must, for constant current systems, close the main circuit and disconnect the branch wires when turned "off"; must be so constructed that they shall be automatic in ac- tion, not stopping between points when started, and must pre- vent an arc between the points under all circumstances. They must indicate, under inspection, whether the current be»"on" or "off." 2108. 47. Cut-Outs and Circuit Breakers.— a. Must b'e supported on the bases of non-combustible, non-absorptive in- sulating material. b. Cut-outs must l)e provided with covers when not ar- ranged in approved cabinets, so as to obviate any danger of the melted fuse metal coming in contact with any substance which might be ignited thereby. c. Cut-outs must operate successfully under the most severe conditions they are liable to meet with in practice, on short circuits, with fuses rated at fifty per cent above, and with a voltage twenty-five per cent above the current and voltage for which they are designed. d. Circuit breaker^ must operate successful^ under tlie mosl severe conditions they are liable to meet with iii prac tice, on tin- ^hort circuits when sel at tii"t\ per cent above the current, and with a voltage twent) five per cent above that for which they are designed. e. Must be plainly marked, where it will always be vis- ible, wnli tin- name of the maker and current and voltage for which t lie d<-\ ice is de signed. 2109. 48. Fuses. — a. Musi have contact surfaces for tips of harder metal having perfect electrical connections with the fusible pan i if the -t rip. b. Musi be tamped with about eight) per cent of the maximum current the) can carr) indefinitely, thus allowing aln an t w mi \ five per cenl i >\ erl< tad befori isi melt 796 c. Fuse terminals must be stamped with the maker's name, initials or some known trade-mark. 2110. 49. Cut-Out Cabinets. — a. Must be so constructed and cut-outs so arranged as to obviate any danger of the melt- ed fuse metal coming in contact with any substance which might be ignited therein . 50. Sockets. — Sockets of all kinds, including' wall re- ceptacles, must be constructed in accordance with the follow- in- specifications: a. Standard sizes: The standard lamp socket shall be suitable for use on any voltage not exceeding 250 and with any size lam]) up to fifty candle power. For lamps larger than fifty candle power a standard keyless socket may be used, or if a key is required, a special socket designed for the current to be used, must be made. Any special sockets must follow the general spirit of these specifications. b. Marking: Special large sockets must be marked with the current and voltage for which they are designed. c. Shell : Metal used for shells must be moderately hard, but not hard enough to be brittle or so soft as to be easily dented or knocked out of place. Brass shells must be at least 0.013 inch in thickness, and shells of any other material must be thick enough to give the same stiffness and strength of brass. d. Lining: The inside of the shells must be lined with insulating material which shall absolutely prevent the shell from becoming a part of the circuit, even though the wires in- side the socket should start from their position under binding screws. The material used for lining must be at least one-thirty- second of an inch in thickness, and must be tough and tena- cious. It must not be injuriously affected by the heat from the largest lamp permitted in the socket, and must leave the water in which it is boiled practically natural. It must be so firmly secured to the shell that it will not fall out with ordi- nary handling of the socket. It is preferable to have the lining in one piece. e. Caps : Caps when of sheet brass must be at least 0.013 inch in thickness, and when in cast or made of other 797 metals, must be of equivalent strength. The inlet piece, ex- cept for special sockets, must be tapped and threaded for or- dinary }i inch pipe. It must contain sufficient metal for a full strong" thread, and. when not on the same piece as the cap, must be joined to it in a way to give the strength of a single piece. There must be sufficient room in the cap to enable wire man to easily and quickly make a knot in the cord, and push it into place in cap without crowding. All parts of the cap which the knot is likely to bear must be smooth and well insulated. f. Frame and Screws: The frame holding moving parts must be sufficiently heavy to give ample strength and stiff- ness. Brass pieces containing screw threads must be at least 0.06 <me out. i. The sockel musl firmly hold the lamp in place so thai it cannot easily be jarred out. and musl provide a contacl good enough to prevent undue heating with maximum currenl al- lowed. The holding pieces and springs, it' a part of the circuit, musi nol be sufficiently exposed \<> allow them to be brought in contacl with anything outside of lamp ami socket. j. Tin- inside parts <>\ the socket, which are "i" insulating material, excepl the lining must be made of porcelain. k. The sockel k. Must have drip loops in each wire immediately outside the building. 2126. 4. Must enter buildings through separate holes sloping upward from the outside, when practicable. Holes to be bushed with non-absorptive, non-combustible insulating tubes extending through their entire length. Where tubing- is not practicable the wires shall be wrapped with two layers of insulating tape. 801 2127. 5. Must be supported on porcelain insulators, so that they will not come in contact with any other than their designated supports. 2128. G. A separation between wires of at least two and one-half inches must be maintained. c. The ground wire of the protective device shall be run in accordance with the following requirements : 2129. 1. Shall be of copper, and not smaller than Xo. 16 B. & S. 2130. 2. Must be an approved rubber insulating covering. 2131. 3. Shall run in as straight a line as possible to a good, permanent ground. 2132. 4. Shall be kept at least three inches from all other conductors and supported on porcelain insulators, so as not to come in contact with anything but its designed supports. d. The protector to be approved must comply with the following requirements : 2133. 1. Must be mounted on non-combustible, non-ab- sorptive, insulating bases, so designed that when the protector is in place all parts which may be alive will be thoroughly in- sulated from tne wall holding the protector. 2134. 2. Must have the following parts: A lightning arrester which will operate with a difference of potential between wires of nol over 500 volts, and so ar- ranged that the chance of accidental grounding is reduced to a minimum. A fuse designed to "pen the circuit in case the wires be- crossed with lighl or power circuits and the fuse must be able to open the circuil without arching or serious flashing when crossed with any ordinary commercial lighl or power circuit. 2135. :;. The Fuses musl 1"- so placed as to protect the ar i and hea >ils, and the protector terminals musl be plainly marked "line," "instrument," "grounds." e. Win-- beyond the protector, excepl where bunched, must be neatly arranged and securely fastened in place in any 802 convenient workmanlike manner. They must not come near- er than six inches to any electric light or power wire in the building unless incased in approved tubing so secured as to prevent its slipping out of place. Porcelain tubing or secular loom conduit shall be used for encasing wires. f. Wires connected with outside circuits, where bunched her within any building or inside wires, where laid in C( >nduits or ducts with electric light or power wires, must have tire resisting covers, or else they must be enclosed in an air- tight tube or duct. 2136. 60. Electric Gas Lighting. — Where electric gas lighting is to be used on the same fixture with electric lights. a. Xo part of the gas piping or fixture shall be an electric connection with gas lighting circuit. b. The wires used with the fixtures must have a non- inflammable insulation, or where concealed between the pipe and shell of the fixture, the insulating must be such as re- quired for fixture wiring for electric light. c. The whole installation must test free from "grounds." d. The two installations must pass perfectly free from connection with each other. 2137. 61. Insulation Resistance. — The wiring of any building must test free from grounds, i. e., the complete instal- lation between conductors and between all conductors and the ground (not including the attachments, sockets, receptacles, etc. i of not less than the following: Up to 5 amperes 4,000,000 ohms l'p to 10 amperes 2,000,000 ohms Up to 25 amperes 800,000 ohms Up to 50 amperes 400,000 ohms Up to 100 amperes 200,000 ohms I lp to 200 amperes 100,000 ohms I rp to 400 amperes 50,000 ohms Up to 800 amperes 25,000 ohms Up to 1,600 amperes 12,500 ohms All cut-outs and safety devices in place in the above. \\ here lamp sockets, receptacles and electroliers, etc., are connected, one-half of the above will be required. 803 2138. Sec. 259. Repealing Act. — All ordinances and parts of ordinances inconsistent with this ordinance are hereby re- pealed. 2139. Sec. 260. Penalty for Violation. — Any person, firm or corporation who violates any of the provisions of this or- dinance, shall, upon conviction thereof before the .Municipal Court of the City of St. Paul, be subject to a fine of not less than Ten ($10.00) Dollars nor more than One Hundred ($100.00) Dollars or by imprisonment in the Workhouse of the City of St. Paul for a period of not less than ten (10) nor more than ninety (90) days. 2140. Sec. 261. This ordinance shall take effect and be in force from and after the 1st day of September. A. D. 1901. Passed by the Assembly May 2, 1901. Yeas — Messrs. Benson, Craig, Denny, Haas, Nelson, War- ner, Wheeler. Whitcomb, Mr. President — 9. Nays — 0. GEO. F. DIX, President of the Assembly. Passed by the Board of Aldermen May 7, 1901. Yeas—. Aid. Bantz, Dahlquist, Dobner, Holt, Hunt, Knauft, Moriarty, Murphy, Schiffmann, rimer. Mr. Presi- dent— 11. Nays — 0. FRANK J. EiUBER, President of the Board i if Udermen. Approved May 10, 1901. R< IBERT A. SMITH, Mayor. Attest: MATT fENSEN, City Clerk. 804 CHAPTER 195— S. F. NO. 172. 2141. An act to license and regulate all persons running and operating passenger elevators in cities of this state having a population of over fifty thousand (50,000). (As amended.) Be it enacted by the Legislature of the State of Minnesota: 2142. Sec. 1. Xo person shall hereafter run or operate any passenger elevator in any city having a population of over fifty thousand (50,000) of this state until he shall have been duly registered and licensed to run passenger elevators as herein- after provided. 2143. Sec. 2. Before any person shall hereafter engage in running or operating any passenger elevator in any city of this state having a population of over fifty thousand, he shall regis- ter his name and place of residence with the building inspector, or if none, the city engineer of said city in a book to be pro- vided and kept by said building inspector, or, if none, the city engineer for the purpose, and shall submit to an examination by and before said building inspector, or, if none, the city en- gineer, as to his age and knowledge of the mechanical con- struction and principal parts of passenger elevators, and as to his practical experience in operating the same, and his ability and competency to properly operate such passenger elevator and machinery, and shall make an application to said building inspector, or, if none, the city engineer, for a license to operate passenger elevators. Such examination shall be held within ten days after such application, or at such other time as may be fixed by the building inspector, if none, the city engineer. Provided, that nothing herein contained shall prevent any per- son who has made such application from running or operating any passenger elevator until such examination is held as so re- quired. If such building inspector, or, if none, city engineer, shall upon due and thorough examination, find that such applicant for license as aforesaid is possessed of sufficient knowledge, skill and ability to properly operate and run passenger eleva- tors with safety to passengers therein, said building inspector, or, if none, city engineer shall issue to such applicant a license 805 certificate stating that upon due and thorough examination they find that the licensee therein named is possessed of suf- ficient knowledge, skill and ability, and is competent to prop- erly operate and run passenger elevators with safety to pas- sengers therein, and duly licensing such applicant to operate and run passenger elevators in cities of this state having a population of over fifty thousand. All licenses issued under this act shall expire one year after the date of issuing the same. Said building inspector, or. if none, city engineer shall not issue such license to any person not possessing the qualifications, knowledge, skill and ability to properly operate passenger elevators hereinbefore specified : every person licensed to operate passenger elevators shall keep his license conspicuously posted in the carriage of the elevator which he operates; provided, that before any license is issued the applicant shall pay to the authority issu- ing the same a fee of twenty-five cents, which shall be used only for the payment of incidental and necessary expenses. 2144. Sec. ">. No owner, agent, occupant or other person having charge of any building in any city of this state, having a population of over fifty thousand shall procure, employ or permit, or cause to be procured, employed or permitted, any person not duly licensed as herein provided to operate or run any passenger elevator or elevators in any such buildings of which such owner, agent, occupant or other person has charge i »r a >ntrol. 2145. Sec. i. Any person who shall violate any of the provisions of this acl shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine not t<> exceed one hundred dollars, or upon default in the payment of such line, by imprisonment not to exceed ninety days. 2146. Sec. 5. Tli: hall take effecl ami be in force from and after July 1st, L901. Approved April l", L901. 806 FIRE DEPARTMENT— FIRES— FIRE PLUGS— FIRES, PRECAUTIONS— CHIEF FIRE WARDEN. 2147. Chief and assistant engineer may make arrests, when. — Vested with police powers. — It shall be lawful for the chief engineer and the assistant engineer of the fire department of tile City of St. Paul, during the time of a fire, and for and during the period of twenty-four (2-4) hours after its extinc- tion, to arrest any suspected person, or any person hindering, resisting, conducting in a noisy and disorderly manner, or refusing to obey any such officer while acting in the discharge of his duty, and as soon as their duties in relation to the extinguishment of the fire will permit, take such person be- fore the municipal court to be dealt with according to law. Said officers shall be severally vested with the usual powers and authority of police officers of said city. (Ord. 434, Aug. 19, 1884, § 1.) 2148. No vehicle to go over hose without consent. — Xo per- son shall go over any hose of the fire department of the City of St. Paul, when laid down to be used at any fire, or alarm of fire, or in filling cisterns, with any vehicle, without first obtaining the consent of the chief or assistant engineer. Nor shall any person or persons, except members of the fire de- partment of said city, accompany or lead, or attempt to ac- company or lead, on bicycles or in carriages, or by means of any other vehicle or method of conveyance, any of the en- gines, carts, wagons or other machinery or appliances of the fire department to the scene or vicinity of a fire. (Ord. 434, Aug. 19, 1884. § 2. as amended by Ord. 2024. approved Jan. 20, 1899, § 1.) 2149. Chief and assistant engineer may prescribe limits in vicinity of fire. — The chief engineer or assistant engineer may prescribe limits, in the vicinity of any fire, within which no person, excepting those who reside therein, members of the fire or police department, and those admitted by the order (-•\ the officers of the fire department, shall be permitted to come. TTd. §3.) 2150. Hatchways, openings, etc., in buildings in city to have shutters or doors, to be closed from 6 P. M. to 6 A. M., 807 except. — All buildings within the City of St. Paul having hatchways, hoistways, cellar openings, or other openings leading from floor to floor (except properly protected sky- lights) of whatever name or description, shall be provided with good and substantial shutters or doors for all of such hatch- ways, hoistways, cellar doors or other openings, and the said shutters or doors shall be kept closed, except when in actual use, from the hour of six (6) o'clock P. M. to six (6) o'clock A. M. of each dav. (Id. § 4.) 2151. No person to refuse to assist or obey orders at fires — Officers and firemen not to be resisted or impeded. — Xo per- son at a fire shall, in the absence of a sufficient excuse, refuse to assist to extinguish the same, nor refuse to obey any order oi direction given by any person duly authorized by law to order and direct at any fire, nor shall any person resist or impede any officer, fireman or other person in the discharge of his duty. (Id. § 5.) 2152. Interference with fire apparatus — Penalty and lia- bility. — If any person shall willfully injure in any manner, or shall at any time interefere, without competent authority, with any hose, fire engine or other apparatus or building con- taining; the same, belonging to the city, the offender shall for every such offense be fined as hereinafter mentioned, besides being liable to a civil action for the recovery of the damages done. (Id. § G.) 2153. Chief of police or detailed officer to report at fire to chief or assistant chief of fire department. — Tin- chief of police, or, in case he is unavoidably detained, an officer to be detailed by him, shall repair immediately on the alarm "t' tire to the place where the fire may be, and reporl himself to the chief oi fire department, or his assistant, for the preservation <>f tin- public peace, the removal of all idle ami suspected persons, and for the preservation of property in the vicinity of the fire. (Id. § 7.) 808 2154. Penalty. — Any person violating any of the provisions of this ordinance shall, on conviction in the municipal court, be tine J in any sum not less than five dollars ($5) nor more than one hundred dollars ($100) for each and every such i »flfense. (Id. § 8.) 2155. Fire plugs — Animals not to be tied to — Damage to — Interference — Penalty. — Any person who shall hitch or tie any horse or other animal to any fire plug now or hereafter erected by the (City of) St. Paul, or shall carelessly deface, injure or damage any such fire plug, or shall remove the cap from the nozzle of any fire plug, shall, upon conviction for every such offense, pay a fine of not less than ten dollars ($10) or more than one hundred dollars ($100.) (Ord. Jan. 11, 1871, § 1.) 2156. Opening fire plug — Penalty. — Every person who, without authority of the chief engineer of the fire department, except as provided in section four (4) of this ordinance, shall open any such fire plug, shall, upon conviction thereof, pay a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100). (Id. § 2.) 2157. Not to be used for practice without permission. — No person belonging to the fire department shall, except in the case of fire, use such fire plugs for the purpose of prac- ticing with hose or engine without express permission given for that purpose by the chief engineer of the fire department. (Id. § 3.) 2158. Opening and closing of plugs — Chief engineer — Penalty. — The chief engineer of the fire department shall have authority to and shall prescribe the manner in which all fire plugs shall be closed, and no person shall have authority to open or close, or partially open or close, any fire plug except the chief engineer, except in cases of fire. Every person of- fending (sic) the provisions of this section shall pay a fine of ten dollars C$10), and be removed and displaced from his station and as a member of the fire or hose company to w r hich he mav belong. (Id. § 4.) 809 2159. Chief engineer to be chief fire warden — Keep record and report to council — Policemen to report to — Penalty. — In addition to the duties now imposed by any law or ordinance upon the chief engineer of the fire department, he shall be and is declared to be chief fire warden of the City of St. Paul, and shall keep a record and report to the common council, on the first Tuesday in June and December in each year, all information necessary to protect the city from danger by fire. The police patrolmen of the respective wards shall notice any infractions of the laws and ordinances made for the protec- tion of the city from fires, in their respective wards particu- larly, and in the city generally, and shall make reports to the chief fire warden as to danger of fires from any cause what- ever without delay. Any neglect of the several patrolmen to perform their duty under this ordinance shall be subject to a fine not to exceed fifty dollars ($50). (Ord. May 2, 1876, § 1.) 2160. Chief fire warden may enter premises and give orders as to fire-places, etc., and combustibles. — The chief fire warden, in the months of May and November, and as much oftener as may be deemed proper, between sunrise and sun- set of any week-day, is authorized to enter into any house or building, lots, yards or premises in said city and examine the fire-places, hearths, chimneys, stoves and pipes thereto, ovens, boilers or other apparatus likely to cause lire: also, the plac< s where ashes may be deposited, and all places where any gunpowder, hemp, flax, tow, hay, straw, rushes, shavings or other combustible materials may he lodged; and give such orders either as to the removal and alteration, or better care and management thereof, which directions shall be obeyed and complied with by the person or persons directed in that behalf, and at their expense. (Id. §2.) 2161. Penalty for refusing to fire warden admission to premises. — That any person or corporation, being the owner or occupant of any house, building, l"t, yard or premises in said city, who shall refuse admission to the chief tire warden or any of the fire wardens or deputy fin- wardens in hi 01 810 their official capacity into his. her or its house, building, lot, yard or premises, as aforesaid, between sunrise and sunset of any week-day, for the purpose of making such examination as said officers may think proper in the prosecution of their legal duties, is guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars ($100) or imprisonment for a period not exceeding ninety i 00) days. (Ord. 1267, Dec. 3, 1889, § 1.) 2162. Chimneys — Duties of fire warden — Causes of fire — Penalties. — The chief fire warden shall also have authority to cause chimneys to be burned out, or otherwise cleaned, whenever he shall deem it necessary, and require the tenant or tenants, owner or owners, of any blacksmith shop so to alter or construct (as the case may require) the chimneys in said shop as to prevent sparks or fire from passing into the open air, and may require the ceiling or sides of any shop, or any part thereof, to be plastered. Every occupant of prem- ises whose chimney shall take fire, except when burned out under the direction or by the permission of the chief fire war- den, shall be fined three dollars ($3) for each infraction of the law. And also to remove or abate, with the consent of the common council (and in neglect or refusal of the owner or occupant), any cause from which immediate danger of fire may be apprehended, at the expense of the persons occasion- ing the same. The said chief fire warden is hereby empow- ered to require that chimneys shall be swept or cleaned by owners or occupants, as the case may be, at such periods and under such regulations as he shall prescribe ; and for every case of neglect or refusal the parties shall forfeit and pay a penalty of five dollars ($5) ; and for every subsequent case of neglect or refusal, after being thereto specially required by the chief fire warden, a penalty of one dollar ($1) in ad- dition. (Ord. May 2, 1876, § 3, as amended by Ord. June 6, 1876, §1.) 2163. Penalties. — If any person or persons shall neglect or refuse to comply with any such directions as the chief fire 811 warden may give in the premises, or shall obstruct or hinder the chief fire warden in the performance of his duty, the per- son so offending shall forfeit and pay for every such neglect, non-compliance or hindrance a sum not exceeding fifty dol- lars ($50), and for every day which shall elapse after the time allotted for such removal, alteration, or better care or man- agement, without compliance with such directions, the said person shall also forfeit and pay a further and additional sum of five dollars ($5), and all expenses caused in carrying into effect the directions of the chief fire warden. The said penalty shall, in the first instance be paid by the occupant of the premises, and shall be deducted from the rent payable by him, her or them, unless such directions were rendered necessary by the act or default of said occupant, or there be a special agreement to the contrary between the landlord and said occupant ; and it shall also be the duty of the chief fire warden to ascertain whether or not his directions are duly complied with, and in case of non-compliance, or in case of any violation of this chapter, he shall cause such offender to In prosecuted for the recovery of the penalty incurred by them. (Ord. May 3, 1876, § I, as amended by Ord. fune 6, 187G, §2.) 2J64. Stove pipes, how put up — Chimneys not to be burned v/ithout permission — Penalties. — No pipe of any stove or Franklin shall be put up in any house or building, unless it mdui ted into a chimney made of brick <>r stone; nor shall any person at any time set fire to any chimne) for the purpose of cleaning the same without previous consenl of the chief fire warden ; and any person putting up, or procuring to be put up, the pipe of any stove or Franklin, or doing any other act contrary to this section, shall, for ever) offense, forfeil five dollar- i S."i i . and the further sum of one dollar road\vay, and that in all instances the tracks of said several lines of railway shall be laid on the central portion of the stn Sec. 2. The carriage or cars used thereon shall be of the besl style, with all the modern improvements desirable, and shall be propelled by none other than animal power, and no locomotive or engine propelled by steam shall ever be used upon any of said several lines of railway, or any part thereof. Sec. 3. Tin- Common Council may regulate the speed for running said cars so far as conform to th< eneralrj per mittcd for similar cars in other cities. 818 Sec. I. The said railways arc to be constructed and oper- ated, as aforesaid, on the established grades of said streets, which said grade shall not during the continuance of said rail- wax- be altered or changed at the cost or the damage of said tmpany. Provided, however, that if said parties, their associates, successors or assigns shall desire to lay such track or tracks upon such part of said streets as may not be graded they shall have the right to do so by making the necessary grade at their own cost and expense. Sec. 5. The track of said railway shall not be elevated above the surface of the street, and shall be laid with the 1 l. (t. rail (so-called), or the rail approved by the Common Council, and shall be so laid that carriages and vehicles can easily and freely cross said track at any and all points thereof with the least obstruction possible. Provided, however, that no track, or part of a track, shall be operated before the same shall have been inspected and approved by the Common Council of said city after written notice by the company of its completion. Sec. 6. The rate of fare for any distance within the city on any line of said railway shall not exceed seven cents for each and every passenger, including ordinary baggage, except when cars or carriages have been chartered for a specific pur- pose, but before any car or carriage shall be used or operated on said lines or routes a license of ten dollars per annum for each car or carriage shall be paid to said city, to be obtained in the same manner as regulated by ordinance respecting hacks in said city, and any officer, conductor or driver who shall operate or cause to be driven or operated upon either of said lines any car or carriage, unless the same shall be first duly licensed as herein provided, shall be punished by a fine of not less than ten nor more than fifty dollars. Provided, however, that when the same car or carriage travels two or more streets or lines there shall be but one fare for the whole distance so traversed. And provided, further, that if after three years from the construction of any of said lines of railway it shall be found that the net earnings of said lines are sufficient to pay above ten per cent on the cost of constructing, equipping 819 and maintaining the same the said Common Council shall' have authority to reduce the fare on such line, but not below the sum of five cents. Sec. ;. (As amended July 3rd, 1S72.) The rights and privileges hereby granted shall be forfeited to said city unless there shall be constructed and equipped for business and in full operation at least one mile of said railway on one or more of said lines on or before the first day of July, 1872 ; at least one further mile on or before the thirty-first day of December, 1872; at least one further mile on or before the fifteenth day of July, 1873. Provided, that if required by a resolution of the Common Council, adopted by a vote of two-thirds of its mem- bers, to build, equip and operate an additional mile of said railway on any street or streets designated by the city council, every six months thereafter the company accepting these fran- chises shall so build, equip and operate said mile or miles of railway or forfeit to said city all rights or privileges to con- struct and operate any line of railway or track in any street or streets, or part of street or streets, in said city upon which said company has not constructed any railway track. Sec. 8. If the said parties accepting the provisions here- of, their associates, successors and assigns, shall thereafter be incorporated or acquire corporate or chartered rights under or by virtue of any general law or special act of the legis- lature, with a view to the exercise of and enjoyment there under of the rights and privileges hereby granted and con- ferred, all the said rights and privileges hereby granted shall extend to and vest in such corporation upon the terms and conditions herein prescribed, and when such parties shall be so incorporated, or shall obtain such corporate or chartered rights, such corporation shall henceforth have and enjoy in its corporate name and capacity all the rights and privileges hereb) granted as thi sors of such parties, withoul fur- ther action of the Common Council. Sec. 9. ddie said parties, their Successors and assigns, shall he entitled to enjoy all the rights and privileges hereby granted and confirmed for the period or term of ten (10) years from and after the i' 1 of this ordinance, and thereafter until the -aid city shall, a- herein provided, purchase the said 820 railway and all the stock and property pertaining thereto and used in connection therewith. From and after the expiration of ten years from and after the passage of this ordinance the Common Council of said city shall at any time have the right rdinance to purchase said railways, depots, depot grounds, station grounds, station houses, carriages, cars, horses, ani- mals, harnesses, equipage, furniture and improvements of every kind, name and description used in the construction or operation of said railways or appurtenances, together with all the corporate rights or franchises that may be acquired by such parties, their successors or assigns, by paying the value thereof, to be ascertained as follows : Upon the passage of such ordinance for said purpose, the Common Council of said city shall by resolution appoint three commissioners to ap- praise the value of the property to be purchased, and notify the parties or company then owning said property thereof, and thereupon said last named parties or company shall appoint a like number of commissioners for the same purpose, and the six thus appointed shall proceed and appraise all of the said property at its fair cash value, and in case of their inability to agree upon the value of said property, they or a majority of them, shall appoint some one suitable, disinterested per- son to appraise such property as the said commissioners can- not agree upon, whose appraisement shall be adopted by said commissioners. The report of said commissioners shall be made in writ- ing, within thirty days after their appointment, by the deliv- ery of a copy thereof to each of the parties to said purchase. Jn case of the inability of any of said commissioners to act, his place may be supplied by the parties by whom he was appointed. Within six -months from the approval of such report by the Common Council of said city, the city shall pay to the proper parties the sum at which the said property shall be appraised, and thereupon all of said property shall be turned over to and vest in said city, and the said city may require upon such payment any conveyance or other proper assur- ances executed by said parties needful to vest their title fully and effectually in said city. • Sec. 10. Each one or more of said lines may have a sepa- rate and distinct organization, and in such case the fare tickets 821 sold or issued by one organization or line, aforesaid, shall be received in payment of fare by the other, and all others, to the same extent as their own, but in no case shall the rate of fare on the combined lines exceed the sum mentioned in section six of this ordinance anywhere within the city limits. Sec. 11. All rights heretofore vested in the water, sewer- age, gas light or other corporations are not to be impaired by this ordinance, but the rights and privileges hereby granted to be equally protected by the city. Sec. 12. The said parties, their associates, successors and assigns, shall at all times keep so much of the streets of said city as may lie between the rails of each track, and for a space o: two feet outside of its track or tracks, used and occupied by their railways aforesaid, cleaned and in good repair, and to cause the snow to be removed so as to afford a safe and unobstructed passage to sleighs and wagons, and the said repairs of the streets and removal of snow shall be done to the satisfaction of the Common Council, or such person or persons as may have supervision of the streets of the City of St. Paul, at their own proper cost and expense. The running of the cars or carriages on any part of said lines of said railway may be suspended by the Common Coun- cil for such reasonable time as may at any time be necessary on account of repairs of streets or the building of sewers or other public improvements, and whenever it may be neces- sary to have any track taken up for the purposes aforesaid, the same shall be taken up and relaid at the expense of the said railroad company or companies. The chief engineer of the fire department; or the person for the time being who may be acting in his stead, may order a suspension of the running of any cars on any line of rail- ways which he may deem necessary during any tin-. 13. \nv violation of this ordinance shall be pun ished by a fine of no1 less than fifty dollars and nol more than one hundred dollars, to be enforced and collected in the same manner as other fines and penalti< - are ' nforced and colli under the provisions of the*charter of said city. Sec. II. The ears after sunset shall be provided with signal lights— a red lighl in fronl and a green light in rear. 822 Sec. 15. This ordinance shall take effect from and after its passage and publication, and the filing with the city clerk within thirty days an acceptance of the terms and conditions thereof in writing, signed by at least two-thirds of the cor- porators named in section one. Ordinance No. 268. (Approved February 8, 1882.) 23 76b. An Ordinance relating to street railways in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows: Sec. 1. Whereas, by section nine of the ordinance of said city I No. 57), approved January 8th, 1872, entitled "An Ordi- nance to authorize the construction and operation of horse railways in certain streets of St. Paul," it is provided that "from and after the expiration of ten years from and after the passage of said ordinance, the Common Council of said city shall at any time have the right by ordinance to purchase said railways, depots, depot grounds, station grounds, station houses, carriages, cars, horses, animals, harnesses, equipage, furniture and improvements of every kind, name and descrip- tion used in the construction or operation of said railways or appurtenances therein referred, together with all the cor- porate rights or franchises therein referred to, or that might be acquired by the parties, their successors or assigns therein mentioned, by paying the value thereof to be ascertained as therein provided; and, whereas, the said term of ten years has expired, and "The St. Paul City Railway Company," the owner of said railway property, rights and franchises and suc- cessors in interest of "The St. Paul Street Railway Company," and of the parties in said ordinance referred to, is desirous that said city shall elect, either to purchase the said railways, prop- erty, rights and franchises, or to relinquish the right to make such purchase ; and whereas, in case of such relinquishment by said city of said right to purchase, it is the intention of the St. Paul City Railway Company aforesaid, to make extensive and costly improvements connected with said railway system, 823 and requiring increased facilities of raising" money upon the security of said railways, property, rights and franchises; and i* is deemed by said Common Council to be expedient, and for the best interests of said city to decline such purchase, and that said city should relinquish the said right of purchase ; Now, therefore, the Common Council of the City of St. Paul do ordain that the said City of St. Paul declines to pur- chase the said railways, property, rights and franchises; and that the right of said city to make such purchase, as reserved and provided in said section nine of said ordinance, is hereby waived and forever relinquished, and that the right and fran- chise to lay such lines of railway in the streets of said city, in the manner provided in said ordinance, and also in ordi- nances of said city numbered 224, entitled "An Ordinance re- lating to the acceptance and regulation of street railroads in the City of St. Paul," approved September 23, 1880, and all other rights, privileges and franchises granted or conferred by said ordinance, or the act of the legislature ratifying said ordi- nance, approved February 20, 1872, being Chapter 112 of the Special Laws of Minnesota for the year 18^2. are hereby granted, confirmed and continued to and in "The Saint Paul City Railway Company" aforesaid, for and during the term of its charter, free and clear of such right of said city to purchase, aforesaid, and that all parts of said section nine of said ( Ordi- nance Xo. 57, inconsistent herewith be and the same are hereby repealed. This ordinance shall not be construed as repealing or modifying any ordinance, or part of an ordinance, except as to section nine (9), as aforesaid. Sec. 2. This ordinance shall take effeel and be in force from and after its publication. Approved February 8th, 1882. 82 I FROM ARTICLE LXXIL, MUNICIPAL CODE 1884. (Horse Railway Ordinance.) 2177. Sec. 1. There is hereby -rallied to J, C: Burbank, I. 1.. Merriam. William Dawson, K. K. Drake, H. L. Carver, Horace Thompson, W'm. Lee, Louis Roberts. Win. F. David- \. 11. Wilder, Peter Berkey, P. F. McQuillan, George Culver. James M. Winslow, Bartlett Presley, A. Vance Brown, J. A. Lusk and W. S. Wright, or such of them as shall accept and comply with the terms hereof, together with such other Jul-, in-, as shall hereafter become associated with them, and to their heirs, executors, administrators, successors and as- signs, permission or authority and consent of the common council of the City of St. Paul to lay a line of railway, with single or double track, with all necessary or convenient tracks for turn-outs and side tracks and switches, in any or all of the streets in said city, conditioned that no track shall be laid on Third street, between Sibley and Wabasha, and that a single track only shall be laid on Third street, between Wa- basha and Fort streets, and no double track on any street which is less than sixty (60) feet in width, and to operate horse passenger railway cars and carriages thereon in the man- ner, for the time and upon the conditions hereinafter men- tioned and prescribed ; provided, that a single track only shall be on Third street, between Wacouta street and Broadway, and that in all instances the tracks of said several lines of rail- way shall be laid on the central portion of the street. (Ord. Jan. 8. 1872, § 1.) 2178. Sec. 2. The carriages or cars used thereon shall be of the best style, with all the modern improvements desirable, and shall be propelled by none other than animal power, and no locomotive or engine propelled by steam shall ever be used upon any of said several lines of railwav, or any part thereof. (Id. § 2.) 2179. Sec. 3. The common council may regulate the speed for running said cars so far as to conform to the speed gen- erallv permitted for similar cars in other cities. (Id. § 3.) 825 2180. Sec. 4. The said railways are to be constructed and operated as aforesaid on the established grades of said street, which said grade shall not, during the continuance of said railway, be altered or changed at the cost or the damage of said company; provided, however, that if said parties, their associates, successors or assigns, shall desire to lay such track or tracks upon such part of said streets as may not be graded, they shall have the right to do so by making the necessary grade at their own cost and expense. (Id. § 4.) 2181. Sec. 5. The track of said railway shall not be ele- vated above the surface of the street, and shall be laid with the O G rail (so-called), or the rail approved by the common council, and shall be so laid that carriages and vehicles can easily and freely cross said track at any and all points thereof with the least obstruction possible; provided, however, that no track, or part of a track, shall be operated before the same shall have been inspected and approved by the common coun- cil of said city, after written notice by the company of its com- pletion. (Id. § 5.) 2182. Sec. 6. The rate of fare for any distance within the city, on any line of said railway, shall not exceed seven I i ) cents for each and every passenger, including ordinary bag- gage, except when cars or carriages have been chartered For a specific purpose; but before any car or carriage shall be used or operated on said lines or routes a license of ten dollars ($10) per annum for each car or carriage shall be paid to said city, to be obtained in the same manner as regulated 1>\ ordi nance respecting hacks in said city, and any officer, conductor or driver who shall operate, or cause to be driver or operated, upon either of said lines, an\ car or carriage, unless the same shall be Brsj duly licensed as herein provided, shall be pun ished by a fine of not lev- than ten dollars ($10) nor more than fifty dollars ($50); provided, however, thai when the same car or carriage travels two (2) or more streets or lines, there shall be but one (1) fare for the whole distance so traversed; and provided, further, thai if, after three (3) years from the con 826 si ruction of any of said lines of railway, it shall be found that the net earnings of said line are sufficient to pay above ten per cent, on the cost of constructing, equipping and main- taining the same, the said common council shall have au- thority to reduce the fare on such line, but not below the sum of five I 5) cents. (Id. § 6.) 2183. Sec. 7. The rights and privileges hereby granted shall be forfeited to said city unless there shall be constructed and equipped for business and in full operation at least one (1) mile of said railway on one or more of said lines, on or before the first day of July, 1872; at least one (1) further mile on or before the thirty-first day of December, 1872; at least one (1) further mile on or before the fifteenth day of July, 1873; pro- vided, that if required by a resolution of the common council, adopted by a vote of two-thirds of its members, to build, equip, and operate an additional mile of said railway, on any street or streets, designated by the city council, every six (6) months thereafter, the company accepting these fran- chises shall so build, equip, and operate said mile or miles of said railway, or forfeit to said city all rights or privileges to construct and operate any line of railway or track in any street or streets, or part of street or streets, in said city upon which said company have not constructed any railway track. (Id. § 7, as amended July 3, 1872.) 2184. Sec. 8. If the said parties accepting the provision hereof, their associates, successors and assigns, shall there- after be incorporated, or acquire corporate or chartered rights under or by virtue of any general law or special act of the legislature, with a view to the exercise of and enjoyment thereunder of the rights and privileges hereby granted and conferred, all the said rights and privileges hereby granted shall extend to and vest in such corporation upon the terms and conditions herein prescribed, and when such parties shall be so incorporated, or shall obtain such corporate or char- tered rights, such corporation shall henceforth have and enjoy in its corporate name and capacity all the rights and privi- leges hereby granted as the successors of such parties, without further action of the common council. (Id. § 8.) 2185. Sec. 9. The said parties, their successors and as- signs, shall be entitled to enjoy all the rights and privileges hereby granted and conferred for the period or term of ten (10) years from and after the passage of this ordinance, and thereafter until the said city shall, as hereinafter provided, purchase the said railway, and all the stock and property per- taining thereto and used in connection therewith. From and after the expiration of ten (10) years from and after the passage of this ordinance, the common council of said city shall at any time have the right, by ordinance, to purchase said railways, depots, depot grounds, station grounds, station houses, carriages, cars, horses, animals, harnesses, equipage, furniture and improvements of every kind, name and descrip- tion used in the construction or operation of said railways, or appurtenances, together with all the corporate rights or franchises that may be acquired by such parties, their suc- cessors or assigns, by paying the value thereof, to be ascer- tained as follows: Upon the passage of such ordinance for said purchase, the common council of said city shall, by reso- lution, appoint three (3) commissioners to appraise the value of the property to be purchased, and notify the parties or company then owning said property thereof; and thereupon said last named parties or company shall appoint a like num- ber of commissioners for the same purpose, and the six (6) thus appointed shall proceed and appraise all of the said property at its fair cash value; and in case of their inability to agree upon the value <<\ said property, (hey. or majority of them, shall appoint one suitable, disinterested person In ap praise such property as the said commissioners cannol agree upon, whose appraisement shall be adopted by said commis- sioners. The report of said commissioners shall be made in writing, within thirty (30) days after their appointment, by the delivery of a copy thereof to each of the parties to said purchase. In ease of the inability of any of said commission ers to act, his place may be supplied by the party by whom he was appointed. Within six (6) months from the approval 828 uch report 1»\ the common council of said city the said city shall pay to the proper parties the sum at which the said property shall be appraised, and thereupon all of said prop- erty shall be turned over to and vest in said city; and the said city may require, upon such payment, any conveyance or other proper assurance, executed by said parties, needful to their title fully and effectuallv in said citv. (Id. § 9.) 2186. Sec. LO. Each one or more of said lines may have a separate and distinct organization, and in such case the fare tickets sold or issued by one organization or line, aforesaid, shall be received in payment of fare by the other and all others to the same extent as their own ; but in no case shall the rate of fare on the combined lines exceed the sum mentioned in section six (6) of this ordinance, anywhere within the city limits. (Id. § 10.) 2187. Sec. 11. All rights heretofore vested in the water, sewerage, gas light or other corporations are not to be im- paired by this ordinance, but the rights and privileges hereby granted to be equally protected bv the citv. (Id. § 11.) 2188. Sec. 12. The said parties, their associates, success- ors and assigns, shall at all times keep so much of the streets of said city as may lie between the rails of each track, and for a space of two (2) feet outside of its track or tracks, used and occupied by their railways aforesaid, cleaned and in good repair, and to cause the snow to be removed, so as to afford a safe and unobstructed passage to sleighs and wagons, and the said repairs of the streets and removal of snow shall be done to the satisfaction of the common council, or such per- son or persons as may have supervision of the streets of the City of St. Paul, at their own proper cost and expense. The running of the cars or carriages on any part of said lines of said railway may be suspended by the common council for such reasonable time as may at any time be necessary on account of repairs of streets, or the building of sewers or other public improvements, and whenever it may be neces- S?9 sary to have any track taken up for the purposes aforesaid. the same shall be taken up and relaid at the expense of the said railroad company or companies. The chief engineer of the fire department, or the person for the time being who may be acting in his stead, may order a suspension of the running of any cars on any line of railway which he may deem neces- sary during any fire. (Id. § 12.) 2189. Sec. 13. Any violation of this ordinance shall be punished by a fine of not less than fifty dollars ($50) and not more than one hundred dollars ($100), to be enforced and col- lected in the same manner as other fines and penalties are en- forced and collected under the provisions of the charter of said city. (Id. § 13.) 2190. Sec. 1 I. The cars, after sunset, shall be provided with signal lights; a red light in front, and a green light in rear. (Id. § 14.) 2191. Sec. 15. This ordinance shall take effect from and after its passage and publication, and the filing with the city clerk within thirty (30) days an acceptance of the terms and conditions thereof, in writing, signed by at least two-thirds of the corporators named in section one (1). (Id. § 15.) 2192. Sir. Hi. Whereas, by section nine (9-) of the ordi- nance of said city, approved Jan. s, L872, entitled "An Ordi- nance i" authorize the construction and operation of horse railways in certain streets of St. Paul," it is provided that, from and after the expiration of ten (10) years from and alter the passage of said ordinance, the common council of said <-it\ shall at any time have the right, by ordinance, to purchase said railways, depot, depoi grounds, station house, carriages, cars, hoi i . animals, harnesses, equipage, Furni- "ture and improvements of ever} kind, name and description used in the construction or operation of said railways, or ap purtenances therein referred to, together with all the corpo rate rights or franchises therein referred to thai mighl be 830 acquired by the parties, their successors or assigns therein mentioned by paying the value thereof, to be ascertained as therein provided : and whereas, the said term of ten (10) years has expired, and the St. Taul City Railway Company, owner -iid railways, ppoperty. rights and franchises, and suc- cessor in interest of the St. Paul Street Railway Company, and of the parties in said ordinance referred to, is desirous that said city shall elect either to purchase the said railway prop- erty, rights and franchises, or to relinquish the right to make such purchase; and whereas, in case of such relinquishment by said city of said right to purchase, it is the intention of the St. Paul City Railway Company, aforesaid, to make ex- tensive and costly improvements connected with said railway system, and requiring increased facilities of raising money upon the security of said railways, property, rights and fran- chises, and it is deemed by said common council to be expe- dient and for the best interest of said city to decline such purchases, and that said city should relinquish the said right of purchase. X"W. therefore, the common council of the City of St. Paul do ordain : That the said City of St. Paul declines to purchase the said railways, property, rights and franchises, and that the right of said city to make such purchase, as reserved and provided in said section nine (9) of said ordinance, is hereby waived and forever relinquished ; and that the right and fran- chise to lay such lines of railway in the streets of said city, in the manner provided in said ordinance, and also in ordi- nance of said city, entitled "An Ordinance relating to the ac- ceptance and regulation of street railroads in the City of St. Paul," approved Sept. 23, 1880, and all other, the rights, privi- leges and franchises granted or conferred by said ordinance, or the act of the legislature ratifying said ordinance, approved Feb. 29, 1872, being chapter one hundred and twelve (112) of the Special Laws of Minnesota of the year 1872. are hereby granted, confirmed and continued to and in "The St. Paul City Railway Company," aforesaid, for and during the term of its charter, free and clear of such right of said city to purchase aforesaid : and that all parts of said section nine (9) of said ordinance (approved Jan. 8, 1872) inconsistent herewith be and the same are hereby repealed. 831 This ordinance shall not be construed as repealing or modifying an}- ordinance, or part of an ordinance, except as to section nine (9), as aforesaid. (Ord. Feb. 7, 1882, § 1.) 2193. Sec. 17. In all cases where any team or vehicle shall meet any car of the St. Paul City Railway Company, or shall be overtaken by any car of said company upon its street rail- ways, now or hereafter to be laid in the streets of the City of St. Paul, such team or vehicle shall give way to such car. No person shall willfully and unnecessarily obstruct, hinder, delay or interfere with the passage of any of the cars of said company over its railways or tracks by placing, driving or stopping, or causing to be placed, or driven or stopped, any team, vehicle or other obstacle or thing in, upon, across, along or near the track of said railway or railways, after being noti- fied by the driver of such car by the ringing of the car bell or otherwise. And whoever shall violate any of the provi- sions of this ordinance shall, upon conviction thereof before the municipal court of said city, be punished by a fine of not more than one hundred dollars ($100) nor less than five dol- lars ($5). (Ord. Feb. 5, 1884, § 1.) 2191. Sec. 18. 'That, in consideration of the acceptance hereof, and undertaking of the St. Paul City Railwa) Com- pany td comply with the provisions herein contained, permis- sion and consent are given and granted to, and duly vested in, said company, to la) a double track on Fourth streel from Wabasha streel to Seven Corners, so called : to take up its rails on Third street, from said Seven Corners to Wabasha street, and to lay a double track from the corner of Rice streel and Martin streel to the corner of St. Peter streel and [gleharl t, to conned with the track at \\ abasha streel and Fourth streel ; also, to take up its rails on St. Peter street, from Fifth streel to Tenth street, and to la) a double track- on Jackson strict, from Fourth Btreel to Thirteenth street, and to take up its rails on Sible) street, from Fourth streel to Eighth stn tf lay a double track on Seventh street, from said Seven Cor inrs to Bradle) street, and thence on Bradley streel to North 832 street, and to lay a double track on Thirteenth street, from fackson street to Mississippi street, and to take up the rails on Pearl street, from Jackson street to Mississippi street, and on Mississippi street, from Pearl street to Thirteenth street; al^o to extend the Lafayette avenue line from Westminster street to Otsego street, on Burr street. (Orel. April 1, 1884, § 1.) 2195. Sec. 19. First — The St. Paul Railway Company, at its own expense, shall grade Thirteenth street, from Jackson street to Canada street, the whole width thereof, and to a full grade, taking up and replacing the sidewalks upon the grades when, in the judgment of the city engineer, the same are worth replacing. It being understood that the present grade is to be changed by the common council, and the grading so to be done by the said railway company is to be according to such change of grade on said street as shall hereafter be adopted by said common council ; provided, that the city shall indemnify and save said railway company harmless from all damages to abut- ting property owners occasioned by said grade. Second — Pave Jackson street, from Ninth street to Thir- teenth street, at its own expense, between its rails, between its tracks, and two (2) feet outside of its tracks, whenever the common council shall order the residue of such part of Jackson street to be paved, and in the same manner, and with like material, as said common council shall order for such residue. Third — And as to all the streets named in this ordinance, except that part of Jackson street as herein mentioned, the St. Paul City Railway Company shall pave in like manner, and with like material, as other contiguous parts of the street are paved, between its rails, whenever ordered by the common council. fid. § 2.) 2196. Sec. 20. All ordinances of the City of St. Paul here- tofore passed in regard to the St. Paul City. Railway Company are not to be impaired or affected by anything herein con- tained, but the right and privileges hereby granted are sub- ject thereto. rid. § 3.) 833 2197. Sec. 21. Permission and consent is hereby given to the said railway company to pave within its tracks, with cobble stones, upon streets not paved by the City of St. Paul ; the same to be done under the direction and supervision of the city engineer, with the express understanding, and upon the ex- press conditions, that whenever any of the said streets on which said railway company has so paved its tracks with cobble stones are paved by the city, the said company will take up and pave with such other material as may be ordered bv the common council and board of public works. (Id. §4.) 2198. Sec. 22. This ordinance shall take effect, if accept- ed by the said company in writing, signed by its president, under the corporate seal of the company, and filed with the citv clerk, within thirty (30) days after its passage. (Id. §5.) 2199. Sec. '-•'!. 1 hat, in consideration of the acceptance hereof, and the undertaking of the St. Paul City Railway Company to comply with the provisions herein contained, permission and consent are given and granted to, and duly vested in, said company, to lay a double track on Jackson street, from Fourth street to Thirteenth street, in said city. (( )rd. July 2, 1884, § 1.) 2200. Sec. 24. First— That the St. Paul City Railway Company, at its own cost and expense, shall replace and repair, to the acceptance and satisfaction of the city engineer, so much of the wooden block pavement now laid on Jackson streel as may have been torn up, displaced or interfered with in Laying the double track aforesaid, between the point hereinbefore mentioned; and shad also, at the same time, take up the cob ble stone pavement between the rails of its track and switches now laid on that pari of said Jackson streel lying between Seventh and Ninth streets, ami replace the same with cedar IT >cks. Se<-,, nd Pave Jackson street, from Ninth street to Tliii- teenth street, al its own cosl and expense, between its rails and between its tracks, whenever the common council shad order that part of Jackson streel lying between Ninth streel and ,s:;i Thirteenth street paved, and in the same manner, and with like material, as said common council shall order for the resi- due of said street lying between Ninth and Thirteenth streets afi tresaid. Third — To pay the cost and expense of paving- Fourth street, between its rails, from the vSevcn Corners (so called) to Jackson street, within ten (10) days after the confirmation of the assessment for the paving of Fourth street, between the ])oint> above named, by the board of public works — the amount <>t' the cost and expense to be determined by the board of pub- lic works, and included in said assessment. (Id. §2.) 2201. Sec. 25. Xo ordinance of the City of St. Paul, here- tofore passed and now in force, relating to the St. Paul City Railway Company, shall be impaired by anything herein con- tained : and the rights and privileges hereby granted, when accepted by said city railway company, shall be subject to such ordinance or ordinances. (Id. § 3.) 2202. Sec. 26. This ordinance shall take effect and be in force, if accepted by the said company in writing, signed by the president, under the corporate seal of the company, and filed with the city clerk, within ten (10) days after its publica- tion. (Id. §4.) 2203. Sec. 27. The St. Paul City Railway Company hav- ing constructed and equipped for use, and put in operation, one (1 i mile of said railway by the first day of Jul}-. 1872, and i second mile by the 27th of July. 1872, in compliance (as to time) with the ordinance of St. Paul on that subject, there- fore said two (2) miles of said railroad is hereby accepted, but only for the term of three (3) years: provided, however, that if said City of St. Paul shall sooner order or proceed to pave or macadamize any street on which said railroad com- pany has or may have laid their track, then said railroad com- pany shall take up the rails now laid and substitute instead thereof the O. G. rail, as provided in the ordinance heretofore passed in relation thereto. (Ord. Sept. 4, 1872, § 1.) S35 2204. Sec. 28. The St. Paul City Railway Company hav- ing constructed and equipped for use and operation, in compli- ance with the ordinance of St. Paul on that subject, the here- inafter named lines of street railway track, viz. : Commenc- ing" at the corner of Seventh and Sibley streets, running thence on Sibley street to Eighth street ; thence on Eighth street to Jackson street ; thence on Jackson street to Pearl street ; thence on Pearl street to Grove street; thence on Grove street to Mis- sissippi street ; thence on Mississippi street to Pennsylvania avenue, being its northern terminus, with a return track com- mencing on Mississippi street, near Pennsylvania avenue, run- ning thence on Mississippi street to Somerset street; thence on Somerset street to Thirteenth street ; thence on Thirteenth street to Jackson street ; thence on Jackson street to Pearl street ; and also on said Jackson street from Eighth street to Fourth street; and commencing on Fort street at Ann street, running thence on Fort street to Third street; thence on Third street to Wabasha street ; thence on Wabasha street to Fourth street ; thence on Fourth street to Sibley street ; thence on Sibley street to Seventh street; also, commencing on Fourth street at Jackson street, running thence on Fourth street to Fort street; thence on Fort street to the terminus at Ann t; also commencing at the corner of Locust street and Seventh street, running thence on Locust street to Tenth street; thence on Tenth street to Lafayette avenue, and thence on Lafayette avenue to Partridge street, to a terminus; and al^M. commencing on St. Peter street al Fourth street, run- ning thence on St. Peter street to Tenth street; thence on Tenth street to Rice streel ; thence on Rice streel to Summit averfue; thence on Summit avenue to Nelson avenue, thence on Nelson avenue to Western avenue, thence on \\ estern ave nuc to a terminus al Ashland avenue, with a return track com mencing on Western avenue al Dayton avenue; running thence on Western avenue to [gleharl street; thence on I harl streel to Wabasha street; thence on Wabasha streel to Fourth street. And the said lim treel railway having been inspected, after written notice of its completion, there Fore the same are approved and accepted by the common council of the Cit) of St. Paul; provided however, that the 836 said St. Paul City Railway Company, its successors and as- signs, shall, as respects the grading, paving, macadamizing, filling or planking of any street, or part of a street upon which any of its tracks are now or hereafter may be laid, keep so much of the street as may lie between the rails of each track, and for a space of two (2) feet outside of its track or tracks, used and occupied by said railway company, clean and in good repair, so that wagons, carriages, and other vehicles can pass and repass at any and all points and in any and all directions. And when any new improvement, paving, repaving, planking or replanking, grading only excepted, is ordered by the com- mon council, on any of said streets or parts of streets, upon which said railway company have laid or hereafter may lay any track or tracks, except as to the streets or parts of streets upon which its tracks are now laid, and as to them only after the street or part of street has once been constructed with such new improvement, or paved, planked, or macadamized, the said railway company shall, in the same manner and with like material as required of owners of property as to other parts on the street, make such new improvements on so much of the streets of said city as may lie between the rails of each track and for a space of two (2) feet outside of its track or tracks used and occupied by their railways as aforesaid, or if the board of public works should deem it inexpedient that such new improvement should be made by said company, the same shall be' done by the city, in such manner as the board of public works may determine, the cost and expense to be paid by said company. Or in case the said company shall refuse or ne- glect to make such improvement, when ordered by said board of public works, then the same shall be done by the city in such manner as the board of public works may determine, the cost and expense to be paid by the said company, and if the St. Paul City Railway Company shall refuse or neglect to keep its tracks cleaned and in good repair, or shall refuse or ne- glect to make any new improvement, paving, repaving, plank- ing, or replanking, when ordered by the cofnmon council as aforesaid, within such time as may be fixed by the board of public works, which shall never be less than that given to contractors for the construction of such new improvement on 837 the contiguous part of the street, or in case said work is done by the city, they shall neglect or refuse to pay, within such time as may be determined upon by the board of public works, the cost and expense of any such new improvement, as may be ordered by the common council, and for which said company is liable under this ordinance, after notice from the city tn urer, that the amount chargeable to the said company has been ascertained and fixed by the board of public works for said new improvement, which amount, however, shall never ex- ceed, pro rata, that assessed against any property on said street contiguous to said railway track ; then, and in such case, it is expressly agreed, by and between the City of St. Paul and the said St. Paul City Railway Company, that the cost of all new improvements, as aforesaid, as well as the cost and expense of any and all repairs and cleaning of streets as hereinbefore stated, may be collected by distress and sale of personal property, in the manner provided by the general laws of this state, in the case of taxes levied upon personal prop- erty, or by a suit brought in any court having jurisdiction, the said company waiving all objections, except as to whether the work has been done by the city, and the cost and expense thereof. (Ord. Sept, 21, L880, § 1.) 2205. Sec. 29. This ordinance shall he in force from and ;ii"tcr the filing with the city clerk, by the St. Paul City Rail- way Company, of a resolution duly adopted by i t r~. board of directors, accepting it upon all the terms and conditions herein contained, and such acceptance shall be deemed an agreemenl of the -aid railway company with said city. t<> perform all and singular all the matters and things required of said company to he performed under this ordinance, and such acceptance shall contain an express agreement, to perform all of said matter- and things by said St. Paul Cit) Railwa) Company obligated to he performed in this ordinance. ( bl. §2.) 2206. Sec. 30. The track of the St. Paul City Railway Company on Laurel avenue, from Western ;ivemie tn I tale et, basin- been duly inspected by and found satisfactory 838 to, the common council of said city, is hereby approved and ac- cepted. (Ord. Sept. 5, 1882, § 1.) 2207. Sec. 31. The track of the St. Paul City Railway Company on Rice street, from Summit avenue to University avenue, having been duly inspected by, and found satisfactory to, the common council of said city, is hereby approved and accepted. (Ord. Sept. 19, 1882, § 1.) 2208. Sec. 32. The track of the St. Paul City Railway Company on University avenue, from Rice street to Dale street, having been duly inspected by, and found satisfactory to. the common council of said city, is hereby approved and accepted. (Ord. Sept. 10. 1882, § 1.) THIRTEENTH STREET FROM JACKSON TO MISSIS- SIPPI STREETS— RIGHT TO LAY DOUBLE TRACK. Ordinance No. 504. (Approved May 9, 1885.) 2209. An Ordinance relative to the St. Paul City Railway Company. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That in consideration of the acceptances hereof and the undertaking of the St. Paul City Railway Company to comply with the provisions herein contained, the right is hereby granted to the St. Paul City Railway Company to lay a double track of its railway on Thirteenth street, from Jack- son street to Mississippi street, in said city. 2210. Sec. 2. Prior to laying said track the St. Paul City Railway Company shall grade said part of said Thirteenth street, according to the city engineer's profile of such grade, and shall fill in under the sidewalks to grade as established, and replace such part of said sidewalks as the city engineer decides shall be relaid. S39 2211. Sec. 3. This ordinance shall take effect and be in force, if accepted by the said company in writing, signed by the president thereof under the corporate seal of said com- pany, and filed with the city clerk within ten (10) days after its publication. CABLE LINES— FOURTH STREET, FROM BROAD- WAY TO SEVEN CORNERS; THIRD STREET, FROM SEVEN CORNERS TO SELBY AVENUE, TO DALE STREET; EAST SEVENTH STREET, FROM BROADWAY TO EAST CITY LIMITS; BROAD- WAY, FROM EAST SEVENTH TO FOURTH STREET TO SEVENTH STREET, FROM BROAD- WAY TO SEVEN CORNERS. Ordinance No. 704. (Approved August 14, 1886.) 2212. An Ordinance relative to the St. Paul City Railway Company. The Common Council of the City of St. Paul do ordain as follows: 2213. Sec. 1. There is hereby granted to the St. Paul City Railway Company the authority, right and privilege to operate in the City of St. Paul a part of its line hereinafter designated, by underground cable in connection with stationary engines such as are constructed and operated in the street railway ser- vice upon what are known as cable lines; and to construcl and maintain such cable lines in that part of the Streets of the city hereinafter mentioned. The following, or first part of said cable line, which is to be occupied by Nov. i, \. I'. L887, shall be constructed b) said company within the following limits, viz: On Fourth street, from Broadway street to the Seven Corners (or junction of Seventh and Third directs) ; mi Third street, from Seven Cor- ner-, to Selby avenue, and theme on Selby avenue to Dale street. And said cable line shall be constructed with two (2) or double tracks, and so thai said cable shall be operated com pletely under ground, and the rails of said tracks shall be laid S40 i n the established grade of said streets, or on that which shall be established by the City of St. Paul as the grade of said streets, on or as near as practicable to the center of said streets, and shall be laid in such manner that carriages and vehicles can easily and freely cross said tracks at all points. And as to that part of said line on Selby avenue, between Third street and Summit avenue, said company shall grade said Selby avenue, from Third street to Summit avenue, un- der the direction of the city engineer of said city, and shall construct and maintain retaining walls on the south side of said last-mentioned portion of Selby avenue sufficient to re- tain the earth on that side of its present condition, in such manner as shall be directed by the city engineer. The cars to be used on said lines shall be constructed with all the latest improvements for the comfort and convenience of passengers, and shall be used for no other purpose than for the transportation of passengers, and the said company may operate on said cable line herein provided, not exceeding two (2) cars and one (1) grappling car, attached together. With one (1) driver in charge of the grappling car, and at least one I 1 I conductor in charge of said additional cars, and the slot or opening into the trenches shall not exceed in width five- eighths (^s) of an inch, unless with the permission of the common council. 2214. Sec. 2. The said company shall, on making the nec- essary excavation and works for the construction of said cable line, replace the said streets where such excavation or work shall have been made in as good condition as they were pre- viously, and shall keep sixteen (16) feet in width, embracing the space covered by its said double tracks, and two (2) feet outside of the outside rail on either side of said track in the streets aforesaid, where said tracks are laid, clean and in good repair, and to cause the snow to be removed from the said portion or sixteen (16) feet of said street or streets, so as to afford a safe and unobstructed passage to sleighs and wagons, and cause to be removed all such snow from the said space of sixteen ( 16 ) feet completely away from said street or streets, within forty-eight (48) hours of the snowfall in each instance, and the repairs of said streets, and the removal aforesaid, sil shall be done to the satisfaction of the common council, or such person or persons as may have supervision of the streets of the City of St. Paul, and at the proper cost and expense to said company. And when any new improvements, paving, re- paving, planking, or replanking (grading only excepted), is ordered by the common council of said city, on any of said streets or parts of said streets herein mentioned, the said com- pany shall, in the same manner and with the like materials, make such new improvements, paving - , re-paving, planking or re-planking, grading only excepted, on the said space, sixteen (16) feet in that part of said street or streets where said new improvements aforesaid may have been ordered by the com- mon council aforesaid. And in case the said company shall, after notice by said common council of said city, neglect to make such new improvements as aforesaid, then the same may be done under the direction of the City of St. Paul at the expense of sajd company, and the amount of said expense shall be assessed by the proper authorities of said city, upon like notice as in other cases of assessments, and the amount sc assessed shall be chargeable to and paid by said company. The running of the cars or carriages on any part of said track may be suspended by the common council for such rea- sonable time as may at any time be necessary on account of repairs of streets or the building of sewers or other public improvements, and whenever it may be necessary to have any such tracks or parts thereof taken up for the purpose afore- said the same shall be taken up and relaid at the expense , ,f said company. The chief of the fire department, or the per- son for the time being who may be acting in his stead, may order a suspension of the running of any cars on any line of railway which he may deem necessary during anj fire. 2215. Sec. 3. 'The rate of fare upon said cable line shall be the same as that upon any of the hues ,,i said company now in operation, and the fare tickets issued |>\ said company with r< -pi ct to other of its lines in use shall be received as fare upon the said cable line, provided that the rate of fare upon the said cable line herein provided, -hall not exceed five (6) cent! for each passenger, for any continuous travel of one
  • treet between its tracks aforesaid, and the space between said tracks and for two (2) feet outside of said tracks, so as to afford a safe and unobstructed passage to sleighs and wagons, and shall cause to be removed all such snow from such portion of said street completely away from said street within forty- eight (48) hours of the snowfall in each instance, and the re- 845 pairs and removal aforesaid shall be done to the satisfaction of the common council of said city, or such person or persons as may have supervision of the streets of said city, and at the proper cost of said company. And said company shall also pave the intersections of said track with the tracks of said company on Fourth street and Seventh street with regulation granite blocks, under the direction of the city engineer of said city. And when any new improvement, paving, repaving, planking or replanking- (grading only excepted) is ordered by the common council of said city on said line of Robert street, where said double tracks may be laid, the said company shall in the same manner and with like materials make such new improvements, paving or repaving, planking or replanking" i grading only excepted) on the said portion of the said Robert street between the said rails of the said track and the space between said tracks and for two I 2 I feet outside of said tracks. And in case the said company shall, after notice by said com- mon council of said city, neglect to make such new improve- ments as aforesaid or repairing as aforesaid then the same may be done under the direction of the board of public works or proper city authorities at the expense of said company, and the amount of said expense shall be assessed by said board of public works or proper city authorities upon reasonable no- tice of said company, and the amount so assessed shall be chargeable to and paid by said company. 2220. Sec. 3. Any violation of this ordinance shall be punished by fine of not less than fifty dollars ($50) and not more than one hundred dollars ($100), to be enforced and col- lected in the same manner as other fines and penalties are en- fi n ed and collected under the provisions of the charter of said city. 2221. Sec. I. The said companj shall accepl this ordi- nance within thirt) (30) days from the publication thereof by a written acceptance signed on behalf of aid company by its dent or vice president, and filed within the said period of thirty (3Q) days with the city clerk of said city. See. 5. This ordinance shall take effeci from and after it- publication and the filing of the acceptanci as aforesaid by the said ci tmpany. 846 CABLE LINES— SELBY AVENUE, FROM DALE TO ST. ALBANS STREET, EXTENSION. Ordinance No. 778. (Approved May 18, 1887.) 2222. An Ordinance supplemental to ordinance No. 704, entitled "An ordinance relative to the St. Paul City Railway Company," approved Aug. 14, 1886. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. There is hereby granted to the St. Paul City Railway Company the authority, right and privilege to extend its cable line on Selby avenue from Dale street to St. Albans street in the City of St. Paul. The said extension of said cable line shall be laid, constructed and operated in the same man- ner and shall conform in all respects to the cable line provided for in said ordinance number seven hundred and lour (704), and when completed shall be deemed part of the said cable line last mentioned. 2223. Sec. 2. The rights and privileges hereby granted are upon the condition that said company shall complete said extension by the first day of November, 1887, and shall within thirty (30) days from the publication of this ordinance file with the city clerk of said City of St. Paul its written accept- ance of this ordinance and its agreement to construct, equip and operate said extension as herein provided, and to indem- nify said city and be liable' for damages herein provided, signed by its president, or vice president, or secretary, and shall in the operation of its plant for the purpose aforesaid use no bituminous coal ; provided, that in case the said company shall not complete said extension by the first day of November, A. D. 1887, that then the rights and privileges hereby granted shall be forfeited, and provided that nothing herein contained shall be construed as abridging any rights or privileges grant- ed to said company by any other ordinance or other authority. Sec. 3. This ordinance shall take effect from and after its publication and the filing of the said company's acceptance as aforesaid. m; CABLE LINES— SEVENTH STREET— CONCESSION AS TO FARE TICKETS— CONDITIONS OF CONCESSION— SEVENTH STREET, FROM WABASHA STREET TO DULUTH AVENUE, WHEN TO BE COMPLETED. Ordinance No. 981. (Approved July 33, 1888.) 2224. An Ordinance relating to Ordinance No. 704, en- titled "An ordinance relative to the St. Paul City Railway Company," approved Aug. 14, 1886. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. From and after the acceptance of this ordinance by the St. Paul City Railway Company, as hereinafter stated, said company shall not be recpiired to issue or provide the fare tickets provided by said ordinance number seven hundred and four (704) for the hours of six (6) to seven (?) in the morning and six (6) to seven (7) in the evening, nor required to accept any reduction of fare for the said hours on said cable hues below the regular fare at other hours. The foregoing concession or provisions are made upon the following conditions, which the said company consents to by the said acceptance of this ordinance: First — So long as the City of St. Paul shall not granl or give to any other company or persons the right to use or oc cupy Summit avenue or any part thereof, i i cepl I" cross the same, for or by a railwaj of any description, either upon the surface or below or above the surface of said Summit avenue, the said the St. Paul City Railway Company shall nol con struct, maintain, or operate any track or tracks, or railwa) or railways, upon said Summit avenue south of the south side of Selby avenue and thence to the Mississippi river, excepl to said Summit avenue at such streel crossings as may be needed for extensions or changes of its -Meet railwa) system. ond The said company, in lieu of thai part of il ond pari of said cable hue, which under said ordinance musl SIS be completed 1>\ the first of August, 1889, shall construct, complete and operate said cable line from Wabasha street to Duluth avenue on or before the first day of August, 1889. Third— In case the said last-mentioned cable line from Wabasha street to Duluth avenue shall not be completed and operated on or before the first day of August, 1889, all rights, franchises and privileges granted by this ordinance shall be forfeited; said forfeiture shall also extend to all rights and privilege- of said company under the said ordinance number seven hundred and four (704), so far as it relates to said second part of said cable line. Fourth — The said company by its president or vice presi- dent shall file a written acceptance of this ordinance on or be- fore thirty (30) days after the publication thereof. Which said acceptance shall have been previously authorized by the board of directors of said company. Sec. 2. This ordinance shall take effect from and after its publication, and after the written acceptance thereof before mentioned shall be filed with the city clerk of said city. SIXTH STREET AND ST. PETER STREET— PROHI- BITION AS TO RAILWAY TRACKS. Ordinance No. 1200. ( Approved August 30, 1889.) 2225. An Ordinance to revoke all authority heretofore granted to the Saint Paul City Railway Company, or any other person or persons, by the City of St. Paul to construct any line of its road on or along Sixth or St. Peter streets, and to prohibit the con- struction by said company or any other person or persons of any line of road in said streets. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That any and all authority heretofore granted by ordinance of the common council or otherwise to the St. Paul City Railway Company, or to any other person or persons, company or corporation, to lay a railway track or tracks on Sixth street or St. Peter street, in said City of St. Paul, be and 849 the same is hereby revoked and repealed, and all such com- panies, corporations and persons are hereby prohibited from laying any such track or tracks and from operating the same, and from running cars thereon; provided, that the above revo- cation and prohibition shall not extend to any ordinance or charter granted by the City of St. Paul since the first day of .August, 1889. Sec. 2. This ordinance shall take effect and be in force from and after its publication. CABLE LINES— SELBY AVENUE, FROM ST. ALBANS STREET TO FAIRVIEW AVENUE, EXTENSION. Ordinance No. 1201. (Approved August 30, 1889.) 2226. An Ordinance supplemental to Ordinance 704, en- titled "An ordinance relative to the St. Paul City Railway Company," approved Aug. 14, 1886. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. There- is hereby granted to the St. Paul City Railway Company the authority, right and privilege to extend its cable line, commonly known as the Selby avenue line, from Si. Albans street to Fairview avenue, on or along Selby ave- nue, in the City of St. Paul. The said extension of said cable line shall be laid, constructed and operated in the same man- ner, and shall conform in all respects to the cable line provided for in said ordinance number seven hundred and four (704), and as extended by ordinance number seven hundred and sev- eighl (778), entitled "An ordinance supplemental to or- dinance number seven hundred and four i 704 |, entitled an or- dinance relative to the St. Paul City Railway Company, ap- proved Aug. 1 I, issii," except in SO far as the said ordinances seven hundred and four (704) and seven hundred and sevent} eight (778) are modified or affected 1>\ an) other existinj dinance or resolution of the common council of said city, ap- plicable thereto. When the said extension provided for by this ordinance shall have been completed it shall he deemed pan of said cable line provided for in -aid ordinanci 850 hundred and four I 704 i and seven hundred and seventy-eight 2227. Sec. ''■ The rights and privileges hereby granted are upon the condition that the said company shall complete said extension by the first day of November, 1890, and shall within thirty (30) days from the publication of this ordinance, file with the city clerk of said City of St. Paul its written accept- ance of this ordinance and its agreement to construct, equip and operate said extension as herein provided, and to indem- nify said city and be liable for damages to said city, for and with respect to all damages which may be recovered against said city by reason of the construction, maintenance or opera- tion of said extension, or any part thereof; and that it will in the operation of its plant for the purpose aforesaid use no bituminous coal. The said written acceptance and agreement shall be signed by the president, vice president or secretary of said company; provided, that in case the said company shall not complete the said extension by the first day of November, A. D. 1890, that then the rights and privileges hereby granted shall be forfeited, and provided that nothing herein contained shall be construed as abridging any rights or privileges grant- ed to said company by any other ordinance or other authority. Sec. ■'!. This ordinance shall take effect from and after its publication and the riling of said company's acceptance as aforesaid. JOHN IRELAND AND THOMAS COCHRAN, JR.— CON- STRUCT ELECTRIC STREET RAILWAY LINES. Ordinance No. 1202. (Approved August 30, 1889.) 2228. An Ordinance granting permission to John Ireland and Thomas Cochran, Jr., to construct, equip, maintain and operate certain experimental electric street railway lines. . 1. Permission is hereby granted to John Ireland and Thomas Cochran, Jr., their successors and assigns, for the pur- pose of experimenting in the use of electric power on certain 851 street railway lines hereinafter designated, the authority, right, ami privilege to build, equip, maintain and operate said experimental electric street railway lines, with single or double tracks, over and along the streets and avenues in the City of St. Paul hereinafter mentioned, to-wit: One of said lines commencing on Randolph street where the same intersects Seventh (7th) street; thence on Randolph street in a continuous line to the Mississippi river. Another line commencing on Grand avenue where the same intersects Victoria street; thence on Grand avenue in a continuous line to the Mississippi river. 2229. Sec. 2. The said John Ireland and Thomas Cochran, Jr.. are hereby granted authority and permission to enter up- on all the streets named above and included in the routes above designated, or any of them, to construct, maintain and operate such experimental electric lines, to place, erect, and secure the poles, columns, wires and the appliances which may be re- quired in the construction and maintenance of said railway and for operating the same. Provided, that all such poles and appliances shall be erected under the supervision and inspection of the city engi- neer, and shall be approved by him. 2230. See. 3, The said lines of railway are to be construcl ed and operated as herein provided on the established grades "f said streets, or Oil that which shall be established by the City of St. Paul as the grade of said streets. 2231. See. I. The said John Ireland and Thomas Cochran, Jr., shall at all times keep so much of the streets occupied h\ said lines mi" railway as may lie between the rails <'f each track. and between the lines of double track, and for the space of two (2) feel outside of the track or tracks, cleaned ami in ■ repair, and shall cause the snow to lie removed so as to afford a safe and unobstructed passageway on said portion ol streets for sleighs and wagons, within twenty-four (24) hours ot the snowfall, in cadi instance, and the repairs and removal oi file snow shall he done ).. the sa I i s f.i et ion of the common icil; or such person or persons as may have supervision of the streets of the City of St. Paul, and al the cosl and expense S52 of said John Ireland and Thomas Cochran, Jr., and in case of any failure to comply with the above provision the city engi- neer shall cause such snow to be removed and the track kept in repair as aforesaid, and the expense thereof shall be charged to and collected from said John Ireland and Thomas Cochran, Jr The running of cars on any part of said lines of railway, or either of them, may be suspended by the common council for such reasonable time as may at any time be necessary on account of repairs of streets or the construction of sewers or other public improvements; and, whenever it may be necessary to have any track taken up for the purpose aforesaid, the same shall be taken up and relaid at the expense of said John Ireland and Thomas Cochran, Jr. Provided, however, that in case of any such suspension as aforesaid, the time of the same shall not be considered as part of the time during which the experimental maintenance of the said lines may be continued. The chief engineer of the fire department of this city or the person who for the time being may be acting in his stead, may order a suspension of the running of the cars on said lines of railway or either of them, which he may deem necessary during any fire. In case of fire or any other public necessity the proper officer or officers of the city may cut or pull down any wires or poles used to operate the cars on said lines, or either of them, and the city or its officers shall not thereby be liable to said John Ireland and Thomas Cochran, Jr., for any loss or damage resulting from the cutting or pulling down thereof, or for the cost or expense of repairing or replacing the same. 2232. Sec. 5. Said John Ireland and Thomas Cochran, Jr., shall have permission to maintain the lines by this ordinance authorized and experimentally to operate the same for and within the period of one year from the time this ordinance shall go into effect; provided, that if such experiments shall not prove satisfactory to the common council of said city, or if for any other reason the common council should deem it wise to remove the same, and shall so order, the said poles, wires and appliances shall be removed at any time within 853 three (3) months after the expiration of said year by the order ►of the common council, and at the expense of the said grantees. 2233. Sec. 6. The rate of fare for each passenger traveling on any of said lines shall not exceed five (5) cents, including ordinance baggage ; provided, that no fare shall be required for a child under five (5) years of age while traveling under the care of an older person. And it is further expressly provided that the said John Ireland and Thomas Cochran. Jr., shall cause the passengers on said lines to be transferred by a sys- tem of transfer checks to the lines of the St. Paul City Railway Company connecting with the said lines herein designated, without extra charge for such transfer checks, and if said St. Paul City Railway Company shall decline to accept such transfer checks, then said grantees shall pay for the fare on such connecting lines. 2234. Sec. 7. The said John Ireland and Thomas Cochran. Jr., their successors and assigns, shall be liable to said city for all damages, expenditures, liabilities and costs which may be incurred by said city by reason of the construction or mainte- nance of said lines of railway, or any part thereof, or the oper- ation thereof, or by reason of the rights hereby granted to said John Ireland and Thomas Cochran, Jr., and said John Ireland and Thomas Cochran, Jr., their successors and as- signs, shall fully indemnify and save harmless said city from all such damages, expenditures, loss and costs which may be incurred. 2235. Sec. 8. In eases where an) team or vehicle shall meet any ear on said lines of railway, or either ol them, or shall be overtaken by any ear thereon, such team or vehicle shall give way to such car. No person shall willfully and un- necessarily obstruct, hinder, dela) or interfere with the pass age of any of the ears on either of said lines of railway or tracks by placing, driving or stopping, or causing to be placed, driven or -topped, an) team, vehicle or obstacle, or thing, in. upon, aero--, along or near the track of either "i ■-aid lines ol railway, after being notified by the conductor or person in charge of the ear thereon b) the ringing of the car bell or otherwise. And whoever shall violate any of the provisions 85 l of this section shall, upon conviction thereof before the muni- cipal court of said city, be punished by a fine of not more than' one hundred dollars ($100) nor less than five dollars ($5). 2236. Sec. 9. Any violation of this ordinance shall be pun- ishable by a fine of not less than fifty dollars ($50) and not than one hundred dollars ($100), to be enforced and col- lected in the same manner as other fines and penalties are enforced and collected under the provisions of the city charter. 2237. Sec. 10. If said John Ireland and Thomas Cochran, Jr., desire to build, equip and operate both or either of said lines of railway in accordance with the provisions of this or- dinance they shall file with the city clerk, within sixty (60) days after the passage and publication of this ordinance, their acceptance of the terms and provisions of this ordinance. 2238. Sec. 11. This ordinance shall take effect and be in fcrce from and after its publication and its acceptance by said John Ireland and Thomas Cochran, Jr., in the manner and within the time provided in section ten (10) of this ordinance. CABLE LINES— SELBY AVENUE, FROM ST. ALBANS STREET TO FAIRVIEW AVENUE, SUBJECT TO ORDINANCE 704, ETC.— RATE OF FARE BETWEEN BROADWAY AND FAIR- VIEW AVENUE. Ordinance No. 1210. (Approved September 7, 1889.) 2239. An Ordinance supplemental to Ordinance No. 1201, relative to the St. Paul City Railway Company. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That the extension of the cable line of the St. Paul City Railway Company, commonly known as the Selby avenue lines, from St.* Albans street to Fairview avenue, on or along Selby avenue, in the City of St. Paul, as provided for by ordinance number twelve hundred and one (1201), approved on the thirtieth day of August, 1889, shall be subject to all the provisions and regulations of ordinance number seven hundred 855 ami four i 704 ). and the ordinances therein referred to, as far as applicable thereto, and except as said ordinance number seven hundred and four i i (, 4i may be modified by any ordinance or resolution of the common council of said cit) passed prior to Aug. 1, 1889. 2240. Sec. 2. The rate of fare shall not exceed five (5) cents for each passenger for any continuous travel of one (1) ride on said cable line, from Broadway street to Fairview ave- nue, or from Fairview avenue to Broadway street, or any con- tinuous travel of one (1) ride on said tracks between said points toward the end of said cable line to which said car is ap- pr< >aching. 2241. Sec 3. This ordinance shall take effect from and after its publication and acceptance by the St. Paul City Rail- way Company of said ordinance number twelve hundred and one (T201), and this ordinance in the manner provided in said ordinance number twelve hundred and one (1201). ELECTRIC LINES, PNEUMATIC, GAS, CABLE LINES; OPTION OF COMPANY. Ordinance No. 1227. (Approved September 20, 1889.) 2242. An Ordinance authorizing the Saint Paul City Rail- way Company to construct, equip, maintain and operate street railway lines in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows: Sec. I. There is hereby granted to the Sainl Paul City Railway Company, its successors and assigns, the authority, righl and privilege to build, equip, maintain and operate streel railway lines, wiih single or double tracks, with all necessarj side tracks and switches, poles, wires, conduits and appliances. over and along the streets and avenues of the City of Sainl I 'anl hereinafter menl it tned, t< i wit : ( Hie of 3aid lines i ommencing on Fifth 1 5th l streel al Wacouta street; thence on Fifth (5th) streel to Wabasha streel ; thence on Wabasha streel to I fniversit) avenue; thence 85G on University avenue to the west limits of the City of St. Paul, which line shall be completed and in operation on or before the first i 1st) clay of November, 1890. Another line connecting with the University avenue line at the intersection of Rice street and University avenue; thence on Rice street to Como avenue; thence on Como avenue to Front street, which line shall be completed and in operation on or before the first (1st) day of November, 1890. Another line, being" an extension of the Como avenue line, commencing at the intersection of Como avenue and Front street; thence by such route, as direct as practicable, a> may be hereafter designated by the common council through Warrendale to Como park, which line shall be com- pleted and in operation on or before Nov. 1, 1891 ; provided, that all streets to be so hereafter designated for said line be sewered before Jan. 1, 1891, and if said streets are not then sewered said line shall be completed and in operation within one year after the same are sewered. Provided, however, that said line shall be extended to Como park as soon as the waters of Lake Como shall be re- stored to their height during the year 1885, whether sewers are then constructed or not, but not earlier than Nov. 1, 1891. Another line commencing on Fifth (5th) street at Wa- couta street; thence on Fifth (5th) street to "Wabasha street; thence on Wabasha street to Seventh (7th) street; thence on Seventh (7th) street to the Fort Snelling bridge, the whole of which line shall be completed and in operation on or before Nov. 1, 1891, but said line shall be completed and operated to Pleasant avenue by Nov. 1, 1890. Another line commencing at the intersection of Jackson and Fifth (5th) street; thence on Jackson street to Fairview street at its intersection with University Ave., east ; thence on Fairview street to the intersection of the north line of Penn- sylvania avenue with Jackson street; thence on Jackson street Sycamore street; thence on Sycamore street to Courtland street ; thence on Courtland street to Maryland street, which lines shall be completed and in operation on or before the first (1st) day of September, 1891. Provided, that if the grade upon any part of said line shall exceed five (5) per cent on said first day of September, 1891, 85*3 said line shall be constructed and completed within twelve (12) months after such grade shall be reduced to not less than five i 5 I per cent, or such greater grade as shall be shown to be practicable as hereinafter provided. Another line commencing on Fifth (5th) street at Wa- couta street; thence on Fifth (5th) street to Broadway street; thence on Broadway street to Mississippi street; thence on Mississippi street to York. street; thence on York street to Westminster street; thence on Westminster street to Case street; thence on Case street to Arkwright street; thence on Ark wright street to Maryland street, which said line shall be completed and in operation on or before Nov. 1, 1890. Another line commencing at the intersection of Seventh (7th) street and Maria avenue; thence on Maria avenue to Plum street ; thence on Plum street to Hastings avenue ; thence on Hastings avenue to Earl street; thence on Earl street to the Indian Mound Park, the first part of which line, to- wit: to Earl street, shall be completed and in operation on or before Nov. 1, 1890, and in the latter part, to-wit: from Earl street to Indian Mound Park, on or before Nov. 1, 1891. Another line commencing at the intersection of Rob- ert street and Fifth (5th) street; thence on Robert street to the Robert street bridge; thence across the same and along South Robert street to Concord street; thence on Concord Street to a point near Arthur avenue. Another line commencing on State street where the same intersects Concord street ; thence on State street to South Rob (it street ; thence on South Roberl streel to Vnnapolis street. Another line commencing on Wabasha streel where the same intersects Seventh (7th) street: thence on Wabasha street to the Wabasha streel bridge; thence across the same to Dakota avenue; thence on Dakota avenue to Winifred street; thence on Winifred street to Ohio street; thence on Ohio I to George street; thence on George streel to Smith ave- nue; thence on Smith avenue to Annapolis street. The three (3) last named lines shad be completed and in operation on i ;■ before Nov. 1. L890. Another line commencing at the intersection of Winifred street and Stryker avenue, thence on Stryker avenue to \n 858 napolis street, which line shall be completed and in operation on or befi »re Nov. 1 . 1891. Vnother line commencing at the intersection of Univer- sity avenue and Rice street; thence on Rice street to Maryland avenue. Vnother line commencing at the intersection of Tenth (Huh i street and Wabasha street; thence on Tenth (10th) street to Rice street; thence on Rice street to Rondo street; thence on Rondo street to Dale street. Another line commencing" at the intersection of Locust street and Seventh ('7th) street; thence on Locust street to Westminster street; thence on Westminster street to Lafay- ette avenue, thence on Lafayette avenue to Collins street; thence on Collins street to Burr street; thence on Burr street to Minnehaha street; thence on Minnehaha street to Edgerton street ; thence on Edgerton street to Reane)^ street ; thence on Reaney street to Payne avenue; thence on Payne avenue to Sims street: thence on Sims street to Greenbrier avenue, and thence on Greenbrier avenue to Maryland avenue. Another line beginning at the intersection of West Sev- enth street and Ramsey street ; thence on Ramsey street to Oakland avenue ; thence on Oakland avenue to Grand avenue ; and thence on Grand avenue to Victoria street. Another line commencing at the intersection of Lexington avenue and University avenue ; thence on Lexington avenue to Minnehaha street ; thence on Minnehaha street to Snelling avenue ; thence on Snelling avenue to Langford avenue ; thence on Langford avenue to county road in St. Anthony Park, which line shall be completed and in operation to Langford avenue by Sept. 1, 1890, and thence to the county road afore- said by July 1, 1891. Provided, however, that said City Railway Company shall not be required to construct or operate any of said lines where the grade of any of the streets on such line or lines is more than five (5) per cent, unless it shall be shown that a line of railway operated by electricity is successfully operated un- der substantially similar conditions in other cities on a grade a- c, r reat as that on any part of such proposed line. 859 22*3. Sec. 2. The said Saint Paul City Railway Company, its successors and assigns, shall have the right to operate said lines of railway by cable, electric, pneumatic or gas power, at the option of said company. Provided, that no locomotive or motor propelled by steam shall ever be used on said lines of railway or any part thereof, nor shall any power be employed on said lines or any part thereof, which shall be a public or private nuisance, or shall constitute an additional servitude to the property on said streets or elsewhere. 2244. Sec. 3. The said Saint Paid City Railway Company is hereby granted authority and permission to enter upon all the streets above named and included in the routes designated. or any of them, to construct, maintain and operate such rail- way lines and to place, erect and secure the poles, columns, wires, conduits and appliances which may be required in the construction and maintenance of said lines of railway, and for operating the same. Provided, that in the operation of the plants to be erected for the purpose aforesaid said Saint Paid City Kail\\a\ Com pany shall not burn nor use bituminous coal, unless the per mission of the common council is first obtained. And provided, that if any of said lines shall be operated by cable, all ordinances or resolutions now in force, or hereto- fore passed by the common council regulating the construc- tion and operation of cable lines in the City of St. Paul, ex cepl where the same are inconsistent with any of the pro- visions of this ordinance, shall apply to such cable lines. 2245. Sec. I. All poles erected under this ordinance shall be of such size, style, height, and material, and shall be placed al such points on the margin of the street side of the sidewalks or boulevards and such distance aparl between centers, as shall be designated by the \ him by written certificate before the same are erected. Said poles, win . ap Mill pliances and structures shall be built upon the must approved method, so as to interfere as little as practicable with all other public uses of said streets, and both material and workmanship shall be the best of their class and kind. 2246. Sec. 5. The coaches and cars used on said lines of railway shall be of the best modern style and construction, suitable for the safety, convenience and comfort of the passen- gers : and shall be comfortably heated during the winter months, and whenever necessary at any season; and shall be properly lighted and ventilated ; and shall have painted on conspicuous parts thereof, on sign boards placed thereon, in large, plain letters, so that the same may be readily seen and read by day and by night, the route or streets over which the same are operated. 2247. Sec. (>. The Saint Paul Railway Company shall, from the time of the completion and commencement of the operation of any of said lines, operate the same during such hours ot each day, and cause the cars to be operated on each of said lines with such frequency as shall reasonably accommo- date the traveling public along said lines. Provided, that in case of the interposition of any insur- mountable obstacle, the running of cars may be suspended for such time as shall be absolutely required to overcome the same. The common council may regulate the speed for running said cars, so far as to conform to the speed generally per- mitted for similar cars in other cities. 2248. Sec. 7. The said lines of railway are to be construct- ed and operated as herein provided on the established grade of said streets, or on that which shall be established by the City of St. Paul as the grade of said streets. Said company shall raise or lower its tracks, posts, struc- tures, and appliances to conform to any changes that may be made in the grade of any of said streets, at its own cost and expense whenever said streets are actually ordered to be graded to such changes and said company is ordered to do so. 2249. Sec. 8. The track of said railway lines shall not be elevated above the surface of the street, and shall be laid with 861 the O. G. rails (so-called) or such other rails as shall be ap- proved or ordered by the common council, on or as near as practicable to the center of said streets, and shall De so laid that carriages and vehicles can easily and freely cross said streets at any and all points thereof with the least obstruction possible. Provided, that no track, or part of a track, shall be oper- ated before the same shall have been inspected and approved by the common council of said city, after written notice by the com pan}" of its completion. 2250. Sec. 9. The Saint Paul City Railway Company shall at all times keep so much of the streets occupied by said lines of railway as may lie between the rails of such track, and be- tween the lines of double track, and for a space of two I 2 I fee: outside of the track or tracks cleaned and in good repair, and shall cause the snow to be removed so as to afford a safe and unobstructed passageway for sleighs and wagons, within twenty-four (24) hours of the snowfall in each instance, and the repairs and the removal of the snow shall be done to the satisfaction of the common council, or such person or persons as may have supervision of the streets of the City of St. Paul, and at the cost and expense of said company, and in case of any failure to comply with the above provisions, the city engineer shall cause such snow to be re- moved and the track kept in repair as aforesaid, and the pense thereof shall be charged to and collected from said St. Paul Railway Company. 2251. Sec. 10. When any new improvements, paving, re- pairing, planking, or replanking (grading only excepted), shall be ordered by the common council on any of said streets, or part of said streets herein mentioned, the said company shall, in lik<- manner and with the same materials, make such im provements, paving, repairing, planking or replanking (grad- ing onl) exi epted), on such parts of said is may lie 1"' tween the rails of each track, and between the lines of double tracks and for a 3pace of two (2) feel outside the track or tracks where said new improvemenl afon aid ma) hav< been ordered by the common coum il afon said, and in case the said company 862 shall, after notice by the common council of said city, neglect to make such new improvements as aforesaid, then the same may be done under the direction of the City of St. Paul at the expense of said company, and the amount of said expense shall be assessed by the proper authorities of said city, upon like notice as in other cases of assessment, and the amount so assessed shall be chargeable to and paid by said company. 2252. Sec. 11. The running of the cars on any part of said lines of railway, or either of them, may be suspended by the common council for such reasonable time as may at any time be necessary on account of repairs of street or the construc- tion of sewers or other public improvements; and whenever it may be necessary to have any track taken up for the pur- pose aforesaid, the same shall be taken up and relaid at the expense of said Saint Paul City Railway Company. The chief engineer of the fire department of said city, or the person who for the time being may be acting in his stead, may order a suspension of the running of the cars on said lines of railway, or either of them, as he may deem it necessary during any fire. In case of fire or other public necessity the proper officer or officers of the city may cut or pull down any wires, poles, structures, or appliances used to operate the cars on said lines, or either of them, and the city or its officers shall not thereby be liable to said Saint Paul City Railway Company for any loss or damage resulting from the cutting or pulling down thereof, nor for the costs or expense or repairing or replacing the same. 2253. Sec. 12. All cars running on said lines of railway shall be used only for carrying passengers, including ordinary baggage, and after sunset shall be provided with signal lights to be maintained in such colors and manner as the common council may direct or approve. 2254. Sec. 13. The rate of fare for each passenger travel- ing on any of said lines shall not exceed five (5) cents, includ- ing ordinary baggage. Provided, no fare shall be required for a child under five (5) years of age, while traveling under the care of an older son ; and 863 Provided, that when the same car travels over two (2) or more streets or lines there shall be but one (1) fare for the whole distance so traveled. 2255. Sec. 14. From and after the first day of November, 1890, said Saint Paul City Railway Company shall issue transfer checks to any passenger who has paid one (1) fare on any line now operated, or to be hereafter operated by said Saint Paul City Railway Company, in the City of Saint Paul, which transfer checks shall entitle the passenger so receiving the same to a continuous passage on any connecting or cross- ing line operated or to be hereafter operated by said Saint Paul City Railway Company, with animal or any other power ; no passenger shall be entitled to more than one (1) transfer for one (1) fare, and such transfer check shall be used only by the person receiving the same for a continuous passage, and shall be used upon the next car departing on the connecting or crossing line upon which it is to be used. 2256. Sec. L5. In all cases where any team or vehicle shall meel any car on said lines of railway, or either of them, or shall be overtaken by any car thereon, such team or vehicle shall give way to such car. No person shall willfully and un- necessarily obstruct, hinder, delay, or interfere with the pass age of any of the cars on either of said lines of railway or tracks by placing, driving or stopping, or causing to be placed or driven or stopped any team, vehicle or obstacle *'i" thing in. upon, across, along, or near the track of either of said lines of railway after being notified by the conductor or person in charge of a ear thereon by ringing of the ear lull or otherwise. And whoever shall violate any of the provisions of this sectii m shall upon conviction thereof before the municipal courl ol said city, !><■ punished b\ a fine ol nol more than one hundred dollar- ($100) nor less than fiv< dollars ($5). 2257. See. 16. The Saint Paul City Railwa} Company, in consideration of the privileges granted to il undei thi ordi- nance, In nb\ waives and surrenders all rights it may have heretofore acquired to lay sti and operate thereon, upon an) and all of the following streets, to-wil : 864 Dayton avenue. Nelson avenue. Western avenue from Nelson avenue to Summit avenue, Sixth street, Minnesota street. Cedar street. Sibley street, Eighth street, Central ave- nue fnun Robert street to Wabasha street, Sherburne avenue from Robert street to Park avenue, Summit avenue and East Summit avenue from Rice street to Robert street and Aurora avenue -from Robert street to Wabasha street, Forbes avenue from Exchange street to Douglas street. Provided, however, that this waiver shall continue and be in force for such a time only as the City of Saint Paul shall not grant or give to any other company or persons the right to use or occupy said exempted streets and avenues, or any part thereof, for or by a railway of any description, either upon the surface or below or above the surface of said streets and avenues. 2258. Sec. IT. The Saint Paul City Railway Company shall pay to the city treasurer, in advance, an annual license of ten dollars ($10) for each and every car used by it on any of said lines of railway. The said Saint Paul City Railway Company shall further pay to the city treasurer of the City of St. Paul on the first (1st) Monday of February, 1891, and on the first (1st) Mon- day of February of each and every year thereafter during the continuance of this franchise, in consideration of the privileges hereby granted to said company, a sum of money equivalent to the difference between the amount of the general taxes pay- able in each year by said company upon property necessary to the operation of its lines of railway in said city, not includ- ing in said general taxes assessments for local improvements, and an amount equal to three (3) per centum per annum on the gross earnings of said company in each year upon all its lines of railway in the City of Saint Paul. Provided, that this provision shall be operated only during such years during the continuance of this franchise, when such three (3) per cent on the gross earnings shall exceed such gen- eral taxes. It shall be the duty of said company, through one of its officers, to make annually a duly verified statement of the gross earnings of all its lines of railway, beginning with the earnings 865 for the year 1890, and to file the same with the city treasurer on or before the third (3d) Monday of January of each and every year, beginning with the year 1891. 2259. Sec. 18. The common council reserves and shall sess the right at any time, and from time to time, after Jan. 1 L892, to order the construction and completion by said Saint Paul City Railway Company of any new railway upon any and all streets in the City of St. Paul, upon which sewers shall have been constructed, and all lines or extensions so ordered shall be constructed and in operation within one I 1 I year after such orders are made. Provided, that when such new lines or extensions are constructed all the provisions of this ordinance shall apply thereto. 2260. Sec. 19. If said Saint Paul City Railway Company shall fail or neglect to complete, equip and operate all of said lines of railway designated in section one (1) of this ordinance within the time and in the manner herein specified, or shall fail to comply with the provisions of this ordinance, then all rights and privileges hereby granted shall be forfeited to the said city of Saint Paul. 2261. Sec. 30. Any violation of this ordinance shall be punished by a fine of not less than five dollars ($5) and not more than one hundred dollars ($100), to be enforced and col- 1 in the same manner as Other fines and penalties are en- forced and collected under the provisions of the city charter. 2262. Sec. 21. The said Saint Paul City Railway Com- pany, its successors and assigns, shall be liable I" said city for all damages, expenditures, liabilities and costs which may be incurred by said city by reas.m <>f the construction or mainte- nance of --'I'd line- of rail w ay, or any part thereof, or the opei at ion thereof, or b) reason "t" tin- rights hereby granted to said company, and -aid company, its successors ami assigns, shall fully indemnify and save harmless -aid cit\ for all such dam . expenditures, loss, and costs which may be so incurred. The Saint ('aid City Railway Company shall, before the com mencemenl of tin- construction of -aid lines of railwa) execute -' boi ill to Hi'' Cit) of St . Paul, in the penal sum of one hundred 86G thousand dollars ($100,0.00), to be approved by the corporation attorney of said city, conditioned that the said company will Faithfully observe and properly carry out all the provisions of this ordinance, and that it will forever indemnify and save harmless the said City of St. Paul against and from all dam- ages, judgments, decrees, costs, and expenses, which it, the said City of St. Paul, may suffer or which may be recovered against it for or by reason of, or growing out of, or in any manner resulting from the passage of this ordinance, or any- thing connected therewith, or with the exercise by said com- pany of the rights, powers and privileges hereby granted and conferred, or from any act or acts of the said company under or by virtue of the provisions hereof. 2263. Sec. 22. If said Saint Paul City Railway Company desires to build, equip, and operate said lines of railway in ac- cordance with the provisions of this ordinance, it shall file with the city clerk, within thirty (30) days after the passage and publication of this ordinance, its written acceptance under its seal of the terms and provisions of this ordinance, and shall also within said^time execute to the city and deliver to the city comptroller its bond in the sum of two hundred thousand dol- lars ($200,000), to be approved by the corporation attorney of said City of St. Paul, conditioned that if it shall fail or neglect to complete the construction of all of said lines of railway, and to have the same equipped and in operation in accordance with the provisions of this ordinance, and within the time here- in specified, then it shall forfeit and pay unto the City of St. Paul the sum of one hundred thousand dollars ($100,000) as liquidated damages. 2261 Sec. 23. The said Saint Paul City Railway Com- pany, its successors and assigns, shall be entitled to enjoy the rights and privileges hereby granted for the term of fifty (50) years after the passage and publication of this ordinance. 2285. Sec. 2-i. Nothing in this ordinance contained shall have the effect of taking away or abridging any franchises, rights, powers and privileges granted to said company by any other ordinance or other authority, whether as respects the rights to construct or maintain any railway or operate the 867 same, or the power to be used in operating the same, or other- wise as may be prescribed by such other ordinance or au- thority, except as to the streets hereinbefore mentioned in section sixteen (16) of this ordinance. 2266. Sec. 25. This ordinance shall take effect and be in force from and after its publication and its acceptance by said Saint Paul City Railway Company in the manner and within the time provided in section twenty-two | 32 i of this ordinance. NORTH ST. PAUL RAILROAD COMPANY— CON- STRUCT STREET RAILWAY LINES. Ordinance No. 1246. (Approved October 16, 1889.) 2267. An Ordinance granting permission and authority to the North St. Paul Railroad Company to construct, operate, and maintain street railway lines from the east end of the cable line on East Seventh street along certain streets in the City of St. Paul, in the direction of North St. Paul. The Common Council of the City of St. Paul i\o ordain as follows: Sec. I. There is hereby granted to the North St. Paul Railroad Company, its successors, or assigns, for the period or term of fifty I 50 I years from the date or time of the passage of this ordinance, the authority, righl and privilege to build, equip, maintain and operate streel railway lines, with single or double tracks, with all necessary side tracks and switches, pole-, wire-,, conduits and appliances, commencing at or about the easternmost end of the constructed cable line on Easl Se\ entli street, in the City of St. Paul; thence extending on said Easl Seventh streel eastward to a point at or near Hazel avenue; then iding northward by a connecting line into said Hazel avenue; thence northward in the direction of North St. Paul; on said Hazel avenue, extended across the righl ol way as at presenl located and in use by the Chicago, St. Paul, Minneapolis * v ( >maha Railway Company to some point north of said right of way of said last named railway company, and 868 to make the needful crossings with said street railway lines or tracks upon any intermediate or intersecting street or streets 01 alleys. 2268. Sec. 2. The said line of street railway hereby au- thorized may be operated by electric, pneumatic or gas power, or by using steam as a motive power, where the motor emits :i and smoke only in a noiseless manner, and to a scarcely perceptible degree; provided, that such steam motor shall not be used on said line or lines for a longer period than fifteen i 15) years from the date of the passage of this ordinance with- out the express permission of the common council of said city, and provided that no power shall be employed on said line or lines, or any part thereof, which shall be a public or a private nuisance, or shall constitute an additional servitude to the property on said streets or elsewhere ; Provided, that in the operation of the plants, to be erected for the purpose aforesaid, no bituminous coal shall be used unless the permission of the common council is first obtained. 2269. Sec. 3. All poles erected under this ordinance shall be of such size, style, height, and material, and shall be placed at such points on the margin of the street side of the sidewalks or boulevards, and such distances apart between the centers, as shall be designated by the city engineer, and shall be erected and said wires strung thereon under the supervision and sub- ject to the inspection and control of the city engineer. Plans of such poles, wires and appliances shall be submitted to the city engineer, and shall be approved by him by written cer- tificate before the same are erected. Said poles, wires, appli- ances, and structures shall be built upon the most approved method, so as to interfere as little as practicable with all other public uses of said streets, and both material and workmanship shall be the best of their class and kind. 2270. Sec. 4. The coaches and cars used on said lines shall be of the best modern style and construction, suitable for the safety and convenience and comfort of the passengers, and shall be comfortably heated during the winter months, and whenever necessary at any season, and shall be properly lighted and ventilated, and shall have painted on conspicuous 869 pans thereof, on sign boards placed thereon, in large, plain letters, so that the same may be readily seen and read by day and night, the route or streets over which the same are operated. 2271. Sec. 5. The North St. Paul Railroad Company, its successors or assigns in interest, shall, from the time of the completion and .the commencement of the operation of any of said lines, operate the same during such hours of each day, and cause the cars to be operated on each of said lines with such frequency as shall reasonably accommodate the traveling public along said lines; Provided, that in case of the interposition of any insur- mountable obstacle, the running of cars may be suspended for such time as shall be absolutely required to overcome the same. The Common Council may regulate the speed for run- ning said cars so far as to conform to the speed generally per- mitted for similar cars in other cities. 2272. Sec. 6. The said lines of railway are to be construct- ed and operated as herein provided on the established grade oi said streets, or on that which shall be established 1>\ the City of St. Paul as the grade of said streets. Tlie North St. Paul Railroad Company, its assigns or suc- ors in interest, shall raise or lower the tracks, posts, struc- tures and appliances to conform to any changes that may be made in the grade of an) of said streets, at its own cosl and ense, whenever said streets are actually ordered to be graded to such changes and it is ordered to do so. 2273. Sec. *.. Tin- track of said railway lines shall not be ated above tin- surface of the street, and shall be laid with such rail- as -hall be approved or ordered 1>> the common council, on or as near as practicable to the center "t -aid streets, and shad be so laid that carriages and vehicles can easily and freely cross -aid sirrHs at an\ and all points there of with the leasl obstructs m possible. Provided, thai no track, or pan of a track, shall be oper ated before the same shall have been inspected and approved by the common council of said city after written notice of its complete in. 870 2274. Sec. 8. The North St. Paul Railroad Company, its jns, or successors in interest, shall at all times keep so much of the streets occupied by said lines of railway as may lie between the rails of each track, and between the lines of double track, and for a space of two (2) feet outside of the track or tracks cleaned and in good repair, and shall cause the snow to be removed so as to afford a safe and unobstructed geway for sleighs and wagons, within twenty-four (24) hours of the snowfall in each instance, and the repairs and removal of the snow shall be done to the satisfaction of the common council, or such person or persons as may have supervision of the streets of the City of St. Paul, and at the cost and expense of the North St. Paul Railroad Company, its assigns, or successors in interest, and in case of any failure to comply with above provisions, the city engineer shall cause such snow to be removed and the track kept in repair as afore- said, and the expense thereof shall be charged to and collected from the said North St. Paul Railroad Company, its succes- sors or assigns in interest. 2275. Sec. 9. When any new improvements, paving, re- pairing, planking, or re-planking (grading only excepted) shall be ordered by the common council on any of said streets, or parts of said streets, herein mentioned, the North St. Paul Railroad Company, its assigns, or successors in interest, shall, in like manner, and with the same materials, make such im- provements, paving, repairing, planking or replanking (grad- ing only excepted) on such parts of said streets as may lie be- tween the rails of each track, and between the lines of double tracks, and for a space of two (2) feet outside the track or tracks where said new improvements aforesaid may have been ordered by the common council aforesaid ; and in case the North St. Paul Railroad Company, its assigns, or successors in interest, shall, after notice by the common council of said city, neglect to make such new improvements as aforesaid, then the same may be done under the direction of the City of St. Paul at the expense of said railroad company, and the amount of said expense shall be assessed by the proper au- thorities of said city, upon like notice as in other cases of as- sessment, and the amount so assessed shall be chargeable to 871 and paid by the North St. Paul Railroad Company, its assigns, or successors in interest. 2276. Sec. 10. The running of the cars on any part of said lines of railway, or either of them, may be suspended by the common council for such reasonable time as may at any time be necessary on account of repairs of streets or the construc- tion of sewers or other public improvement, and whenever it may be necessary to have any track taken up for the purpose aforesaid, the same shall be taken up and relaid at the expense of said North St. Paul Railroad Company, its assigns, or suc- cessors in interest. The chief engineer of the fire department of said city, or the person, who for the time being may be acting in his stead, may order a suspension of the running of the cars on said lines of railway, or either of them, as he may deem it nec- essary during any fire. In case of fire or other public necessity the proper officer or officers of the city may cut or pull down any wires, poles, structures, or appliances used to operate the cars on said lines, or either of them, and the city or its officers shall not thereby be liable to said owners for any loss or damage result- ing from the cutting or pulling down thereof, nor for the costs or expense of repairing or replacing the same. 2277. Sec. 11. All cars running on said lines of railway shall be used only for carrying passengers, including ordinary baggage, and after sunset, shall be provided with signal lights, to be maintained in such colors and manner as the common council may direct or approve. 2278. Sec. L2. The rate of fare for each passenger travel- ing '»n any of said lines shall nol exceed five (5) cents, includ- ing ordinary baggage. Provided, no fare shall be required for a child under five (5) years of age, while traveling under the care of an older person. 2279. Sec. i:;. In all cases where an} team or vehicle shall any car on said lines of railway, or either of them or shall be overtaken by any ear thereof, such team or vehicle shall give way to such car. No person shall willfully and un 8 : 2 necessarilj obstruct, hinder, delay or interfere with the pass- age of any of the cars on either of said lines of railway or tracks by placing, driving, or stopping, or causing to be placed, or driven, or stopped, any team, vehicle, or obstacle, or thing in. upon, across, along" or near the track or either of said lines of railway after being notified by the conductor or person in charge of a car thereon by the ringing of the car bell or Otherwise. And whoever shall violate any of the provisions e> ( * this section shall, upon conviction thereof before the muni- cipal court of said city, be punished by a fine of not more than one hundred dollars ($100) nor less than five dollars ($5). 2280. Sec. 14. The North St. Paul Railroad Company, its assigns, or successors in interest, shall pay to the city treas- urer, in advance, an annual license of ten dollars ($10) for each and every car used by it on any of said lines of railway. 2281. Sec. 15. If the Xorth St. Paul Railroad Company, its assigns, or successors in interest, shall fail or neglect to complete, equip, and operate the lines of railway designated in section one (1) of this ordinance within one (1) year from the time when said ordinance shall have taken effect, then all rights and privileges hereby granted shall be forfeited to the said City of St. Paul. 2282. Sec. 16. Any violation of this ordinance shall be punished by a fine of not less than fifty dollars ($50) and not more than one hundred dollars ($100), to be enforced and collected under the provisions of the city charter. Sec. 17. The said the Xorth St. Paul Railroad Company, ssigns, <»r successors in interest, shall be liable to said city for all damages, expenditures, liabilities and costs which may be incurred by said city by reason of the construction and maintenance of said line of railway, or any part thereof, or the operation thereof, or by reason of the rights hereby granted to said company ; and said company, its assigns, or successors in interest, shall fully indemnify and save harmless said city for all damages, expenditures, loss and costs which may be so incurred. The Xorth St. Paul Railroad Company, its assigns, -uccessors in interest, shall, before the commencement of the construction of said lines of railwav, execute a bond to 873 the City of St. Paul in the penal sum of fifty thousand dollars $50,000), to he approved by the corporation attorney of said city, conditioned that the said company will faithfully observe and properly carry out all the provisions of this ordinance, and that it will forever indemnify and save harmless the said City of St. Paul against and from all damages, judgments, decrees, costs, and expenses which it, the said City of St. Paul, may suffer, or which may be recovered against it For, or 1>\ reason of. or growing out of, 'or in any manner resulting from the passage of this ordinance, or anything connected therewith, or with the exercise by said company of the rights, powers and privileges hereby granted and conferred, or from any act or acts of the said company under or hy virtue of the provisions hereof. Sec. 18. This ordinance shall take effect upon the North St. Paul Railroad Company filing with the city clerk of said city it> written acceptance of said ordinance, signed by it. within thirty (30) days after the publication of said ordinance. CONFIRMING ORDINANCE 1202. Ordinance No. 1270. (Approved December I. L889. I 2283. An Ordinance confirming Ordinance No. 1202, en- titled "An ordinance granting permission to John Ireland and Thomas Cochran, Jr., to construct, equip, maintain, and operate certain experimental electric street railway lines," approved Aug. 30, 1889, and the acceptance of the said John Ireland and Thomas Cochran, Jr., thereof. The Common Council of the City of St. Paul do ordain as follows : Sec. I. Whereas, there is ;i question whether the accept- ance of John Ireland and Thomas Cochran, jr.. of the ordi ranee «.i said city, number twelve hundred ami two (1! entitled "An ordinance granting permission 1" John Ireland and Thomas Cochran, Jr., to construct, equip, maintain, and opei-ate cei-tain experimental electric streel railway lines." ap proved \im. 30, L889, ha- been filed with the clerk of said city 874 within the time therein prescribed; now the said ordinance number twelve hundred and two (1202), together with 1 the said acceptance of the said John Ireland and Thomas Cochran, Jr., thereof, is hereby in all things fully ratified and confirmed and declared to he in full force and effect, and all the provisions of said ordinance are hereby re-enacted, except that no further acceptance by the said John Ireland and Thomas Cochran, Jr., hereof or of said ordinance number twelve hundred and two (120?) is required. Sec. 2. This ordinance shall take effect from and after its publication. T RAIL ON UNIVERSITY AVENUE, FROM VICTORIA STREET TO WEST CITY LIMITS- BOULEVARD, ETC. Ordinance No. 1313. (Approved March 24, 1890.) 2284. An Ordinance authorizing the St. Paul City Railway Company to lay and use a T rail on University avenue, from Victoria street to the west city limits, in the operation of its said railway lines on Univer- sity avenue. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That the St. Paul City Railway Company is hereby authorized to layand use a T rail (so-called), of not less weight than forty-five (45) pounds to the yard, on University avenue, from Victoria street to the west city limits in the City of St. Paul except on the bridge and approaches over and across the right of way of the Minnesota Transfer Company, in the oper- ation of its line of street railway on said University avenue between said Victoria street and the west city limits, as pro- vided in that certain ordinance of the City of St. Paul, entitled "An ordinance authorizing the St. Paul Railway Company to construct, equip, maintain and operate street railway lines in the City of St. Paul," approved Sept. 20, 1889, and as herein- after provided, namely: 8 ; 5 First — That the right to lay and use the T rail on said University avenue as aforesaid shall continue for the period of ten i lni years from the taking effect of this ordinance as hereinafter provided, and that at the expiration of ten (10) years, or at any time thereafter then ordered by the common council, the said St. Paul City Railway Company will remove from said University avenue the T rails laid thereon under this ordinance, and put in place thereof and thereafter use on said avenue the < >. G. rails (so-called), as provided by section eight (8) of said ordinance, approved Sept. 20, 1889, or such other rails as shall be hereafter approved by the common council of said city. Second — That said railway company shall boulevard a space twenty-five (25) feet in width, the center line of which space shall be the center line of University avenue, and shall sod said space on the outside of and between the tracks of said company, and shall for such time as common council permits the boulevard, maintain and keep the same in good condition the same as other parks are kept, and shall plank all the street crossing's of said University avenue in a proper manner, at the time of the laying of the tracks thereon, and shall there- after keep the said crossings in good condition for the cross- ing and re-crossing of ordinary vehicles. Third — Whenever it is deemed necessary by the common council of the City of St. Paul to pave and otherwise improve the said University avenue the said company shall pul in granite curbing on the outer lines of said boulevard, ami shall pave said street crossings with the same kind of pavement used in the pavement of said avenue, and shall thereafter keep the same in as good condition as the rest of said avenue shall be. 2285. See. 2. When said boulevard shall have been con structed as herein provided, it shall he unlawful for anj pei sen or persons nol engaged in tli«- maintenam ol said boule vard ami railroad, t<> ride, drive or walk over -.ml boulevard in such manner as to interfere with the keeping of ill'' same ii proper condition, and the same rules governing the pro tection of other boulevards and parks in said cit) shall be ap plicable to same. 876 2286. Sec. '■'<■ Before this ordinance shall be of any force or effect the said company shall accept the same by filing- with the city clerk of said city its written acceptance thereof, agreeing .irr\ out all the matter and things herein contained. 2287. Sec. I. If said company shall fail to comply with the provisions of this ordinance then all rights acquired hereunder shall be forfeited. Sec. 5. This ordinance shall take effect and be in force from and after its publication and acceptance by said com- pany as provided in section three (3) of this ordinance. LOOP— SUPPLEMENTAL TO ORDINANCE 1227. Ordinance No. 1339. (Approved May 21, 1890.) 2288. An Ordinance supplemental to ordinance No. 1227, entitled "An ordinance authorizing the St. Paul City Railway Company to construct, equip, main- tain and operate street railway lines in the City of St. Paul," approved September 20, 1889. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. There is hereby granted to the St. Paul City Railway Company, its successors and assigns, the authority, right, and privilege to build, equip, maintain and operate a line of street railway with single track on Eighth street in the City of St. Paul, from Robert street to Wabasha street, with any necessary switches, poles, wires, conduits and appliances over and along said part of said Eighth street as provided in said ordinance number twelve hundred and twenty-seven (1227). To be used by the said St. Paul City Railway Company in the operation of its system of street railway lines, as a '"loop" upon which all of the cars of said company entering that portion of the City of St. Paul shall be run, excepting under circumstances which should render running thereon im- practicable and excepting in the case of cable lines. 2289. Sec. 2. Said ordinance number twelve hundred and twenty-seven (1227) shall apply to said line of said railway in this ordinance specified, and said St. Paid City Railway Com- pany shall, with respect to the construction, equipping, main- taining and operating said lines be entitled to like powers, rights and privileges as are provided in said ordinance number twelve hundred and twenty-seven (1221 ). and be subject to the limitations, conditions and provisions of said ordinance twelve hundred and twenty-seven (1227), except as herein otherwise provided or necessarily inapplicable. 2290. Sec. 3. The said line herein provided shall be com- pleted and equipped on or before the first day of November, 1890. Sec. 1. This ordinance shall take effect from and after its publication and its acceptance by said St. Paul City Railway Company in writing, executed by its president or vice presi- dent and tiled with the clerk of said city within thirty (30) days after the publication of said ordinance. SUPPLEMENTAL TO ORDINANCE 1227. Ordinance No. 1430. ( Appr< >\ cd X' tvember 2 . 1890. ) 2291. An Ordinance supplemental to Ordinance No. 1227, entitled "An ordinance authorizing the St. Paul City Railway Company to construct, equip, main- tain and operate street railway lines" in the City of St. Paul, approved Sept. 20, 1889. The Common Council of the City of St. Paul do ordain as foil) >WS : Sec. l. There is hereby granted and allowed to the St. Paul City Railway Company an extension of time until the fir>t day of March, L891, to complete, equip and operate any line or lines of streel railwa) . which b) the terms of said ordi- nance number twelve hundred and twent) seven (1227), of said city, approved Sept. 20, L889, entitled "An ordinance au thorizing the St. Paul City Railway Company to construct, p, maintain, and operate streel railway lines in the Cil St. Paul," were to be completed and in operation on or before Nov. 1. L890, or prior to thai time; provided, thai the CJniver 878 sity avenue line, so-called, firsl designated in said ordinance number twelve hundred and twenty-seven (122< ) shall be completed and in operation on or before the fifteenth day of December, L890 j and provided further, that if the said com- pany .shall fail or neglect to complete, equip, and operate all of said lines of railway in this section designated, within the said extended time herein specified, the forfeiture, penalty and provisions of sections nineteen (10) and twenty-two (22) of said ordinance number twelve hundred and twenty-seven L22"3 I shall apply and be in full force with the same effect as if the said extended time herein specified had been specified originally in said ordinance number twelve hundred and twen- ty-seven (1227) for the completion and operation of said lines; provided, further, that this ordinance shall not be construed and is not intended to waive the right of said city to declare and enforce the forfeiture of said franchise and the collection of the amount due on said bond, in case said company shall fail to comply with all other provisions of said ordinance in the manner and at the times herein provided. 2292. Sec. 2. This ordinance shall take effect from and after its publication, and from and after the written acceptance o c said company signed by the president, vice president, or sec- retary thereof, and filed with the city clerk within twenty (20) days after the publication of said ordinance. UNDERGROUND CONDUITS, WIRES, POLES, ETC. Ordinance No. 1502. (Approved May 7, 1891.) 2293. An Ordinance relative to the St. Paul City Railway Company. The Common Council of the City of St. Paul do ordain as follows : 1. There is hereby granted to the St. Paul City Railway Company the authority, right, and privilege of con- structing, maintaining and operating underground conduits and underground wires, and also poles and needful wires and apparatus connected therewith so as to make and perfect need- ST9 ful connections of said company with any of its electric power houses or stations, and for the purpose of more fully perfect- ing its system upon and in the following streets and parts of streets of the City of St. Paul, viz. : On Chestnut street, from West Seventh street to Washington street; on Washington street, from Chestnut street to Third street; on Third street, from Washington street to Wabasha street; on Fillmore ave- nue, from Wabasha street to Robert street ; on Delos street, from Dakota avenue to Robert street; on Hill street, from Ontario street to Third street; on Collins street, from Burr street to Bedford street; on Bedford street, from Collins street to North street; on North street from Bedford street to Maria avenue; on Maryland avenue, from Greenbrier street to Rice street; on Asbury avenue from University avenue to Minne- haha street ; and on Fairview avenue, from Grand avenue to Selby avenue. And upon any street or streets upon which said company may now or hereafter have its rails or tracks of street railway; provided, that the right and privilege hereby granted shall be limited in time to the period prescribed by section twenty-three (23) of ordinance number twelve hun- dred and twenty-seven i L221 ) of said city, approved Sept. 20, L889, entitled "An Ordinance authorizing the St. Paul City Railway Company to construct, equip, maintain and operate street railway lines in the City of St. Paul," and that all such poles, conduits, wires and apparatus shall be as prescribed by said ordinance number twelve hundred and twenty seven i L221 l, and oilier existing ordinances of said city applicable thereto, and that in operating any of said tracks or lines here in provided with any of the powers provided for b) section t wo (2) of said ordinance number twelve hundred and twenty seven (1227), the righl and privilege hereb) granted shall be subjeel to the provisions, regulations and conditions of said Irsl mentioned ordinance, so far as the) ma) be practicable in supplying i he same hereti i Sec. 2. This ordinance shall take effect and be in from and after its publication, and its acceptance in writing by said St. Paul City Railway Company, executed dent or vice president, and filed with the city clerk of said city within thirty (30) days from the publication of this ordinance. 880 SUPPLEMENTAL TO ORDINANCE 1227. Ordinance No. 1509. I Appri tved June 12, 1891.) 2294. An Ordinance supplemental to "An ordinance au- thorizing the St. Paul City Railway Company to construct, equip, maintain and operate street rail- way lines in the City of St. Paul," approved Sept. 29 [sic], 1889, No. 1227. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. "Whereas section one (1) of said ordinance num- ber twelve hundred and twenty-seven (1227) provides among" other things for a certain line of railway which may be oper- ated by the powers therein provided, to-wit : "Another line commencing at the intersection of Jackson street and Fifth street ; thence on Jackson street to Fairview street, at its in- tersection with University avenue, east ; thence on Fairview street to the intersection of the north line of Pennsylvania avenue with Jackson street ; thence on Jackson street to Syca- more street; thence on Sycamore street to Courtland street; thence on Courtland street to Maryland street." And whereas, it is deemed expedient to allow r the said St. Paul City Railway Company to modify part of the location the foregoing line of railway as hereinafter provided. The St. Paul City Railway Company aforesaid is hereby empowered to modify or change the following part of the loca- tion of said line, viz : "Thence on Jackson street to Sycamore street ; thence on Sycamore street to Courtland street." So that in lieu of said part of said line last mentioned, the same may be constructed and maintained as follows : Thence on Jackson street to Acker street, and thence on Acker street to Courtland street; thence on Courtland street to Maryland street. Provided, that nothing herein contained shall affect the application and operation of said ordinance twelve hun- dred and twenty-seven (1227) with respect to said line as modified, but that said ordinance number twelve hundred and twenty-seven (1227) shall apply thereto in all respects as if 881 said line as modified had been originally set forth in the said ordinance. Sec. 2. This ordinance shall take effect from and after its publication, and a written acceptance of said St. Paul City Railway Company, executed by its president or vice president, or secretary, and filed with the city clerk of said city within thirty (30) days after the publication of said ordinance. SUPPLEMENTAL TO ORDINANCE 1227. Ordinance No. 1516. (Approved June 25, 1891.) 2295. An Ordinance supplemental to an ordinance No. 1227, entitled "An ordinance authorizing the St. Paul City Railway Company to construct, equip, maintain and operate street railway lines in the City of St. Paul," approved Sept. 29 [sic], 1889. The Common Council of the City of St. Paid do ordain as follows : Sec. 1. The time of completion of what is known as the Langford avenue line of street railway, as provided for and described in said ordinance number twelve hundred and twen- ty seven I L221 I, as follows, viz., "thence on Langford avenue to county road in St. Anthony Park," being the section of street railway which by said ordinance was to 1"- completed by July 1. L891, is hereby extended to the firsl da\ of August, A. I). L891, with the same effeel a id time of completion lasl mentioned had been originally fixed 1>\ said ordinance and withoul in any way impairing the effeel of said ordinance, excepl as herein modified. Sec. 2. This ordinance shall lake effeel from and after its publication, and a written acceptance of said St. Paul City Railway Company, executed by its presidenl or vice president or secretary, and filed with the city clerl d city within thirty (30) days after the publication of this ordinate 882 SAND, SALT, ICE, ON TRACKS OVER BRIDGES. Ordinance No. 1644. (Approved November 1!>, 1892.) 2296. An Ordinance regulating the cleaning of sand from the tracks of the St. Paul City Railway Company over the bridges in the City of St. Paul. The Common Council of the City of St. Paul do ordain as Ei 'Hi iws : Sec. 1. That the St. Paul City Railway Company be, and the same is hereby prohibited from shoveling or throwing back onto the bridges within the City of St. Paul that are sed by the tracks of the St. Paul City Railway Company any sand or salt or salted sand or ice that shall have accumu- lated on said tracks from the placing of sand or salt thereon t i prevent the slipping of cars; that all such sand or salt- or salted sand or ice shall be removed from the bridge by the St. Paul City Railway Company, and shall not be placed or dumped upon any bridge or street within the City of St. Paul. 2297. Sec. 2. That any violation of this ordinance shall be punished by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100). Sec. •'!. This ordinance shall take effect and be in force from and after its passage and publication. AMENDING AND SUPPLEMENTAL TO ORDINANCE 1227. Ordinance No. 1686. (Approved May 18, 1893.) 2298. An Ordinance amending certain sections of Ordi- nance No. 1227 of the City of St. Paul, entitled "An ordinance authorizing the St. Paul City Railway Company to construct, equip, maintain and operate street railway lines in the City of St. Paul," passed Sept. 19, 1889, and approved Sept. 20, 1889. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That section eighteen (18) of ordinance number twelve hundred and twenty-seven (1227), entitled "An ordi- 883 nance authorizing the. St. Paul City Railway Company to con- struct, equip, maintain and operate street railway lines in the City of St. Paul." approved Sept. 20, 1889, be and the same is hereby amended by adding" thereto the following: Provided further, that the common council shall not or- der the construction of any new lines of railway or the exten- sion of any present or future lines of railway, or the construc- tion of any horse car lines, between the first day of of May, 1893, and the first day of September, L895. 2299. Sec. 2. The St. Paul City Railway Company, its successors, and assigns, shall have until the first day of July. 1894, in which to complete and operate that portion of Maria avenue line on Earl street to Indian Mound Park, as described Hi section one (1) of ordinance number twelve hundred and twenty-seven I 1221 I, and the said the St. Paul City Railway Company, its successors and assigns, shall have until the first day of July, 1894, in which to complete and operate the line beginning at the intersection of Winifred street and Stryker avenue and running on Stryker avenue to Annapolis street. being the line described in and referred to in section one i 1 I iid ordinance number twelve hundred and twenty-seven | 1221 i, it being the intention of the City of St. Paul to granl to the said the St. Paul City Railway Company, its successors and assigns, until July 1. 1894, to build said lasl two (2) named lines. 2300. Sec. 3. The St. Paul City Railway Company shall change the present so-called Easl Seventh street cable line to an electric line and operate the cars over said Easl Seventh Btreet by means of electric, pneumatic or gas power, as pro vided in section two (2) of said ordinance number twelve hundred and twenty-seven (1227) above referred to. When such change is made, what is now known as the \\ esl Seventh Btreel line, extending westerly from the intersection of West el and Wabash;: stri .died, in the City of St. Paul, shall be connected with and made a pari of the said Se\ eiith sired line, 5( i that i ar- may be 1 '|>< 1 ■< tinuousl) along and over said Easl and Wesl Seventh streets, such change to be made and the aid line along Easl Seventh 884 street to be in operation as an electric line on or before the first day of September, 1893; and when such change is made .m said East Seventh street line, the cars now operated on the Maria avenue lines, so-called, shall be run down into the city, and operated on East Seventh street as far west as Robert street. 2301. Sec. 4. The above amendments are made upon the express condition that said the St. Paul City Railway Com- pany, its successors and assigns, shall proceed to construct and operate a double track line of railway in the City of St. Paul beginning at the intersection of Rice street and Como avenue ; thence along Como avenue to the intersection of Rice street and Como avenue and Front street ; thence along Front street to the intersection of Chatsworth and Front streets; thence along Chatsworth street to the intersection of Chats- worth street and Van Slyke avenue ; thence along Van Slyke avenue to Como Park. The cars operated over said line shall be run to and from the central portion of the city. Said line to be constructed in the central portion of the streets along the route above described and to be completed and in operation within thirty (30) days after the sewers shall have been laid and built along Como avenue as far out as the point where Como avenue intersects the right of way of the Great North- ern Railway Company. Provided, however, that after said line is so constructed no sewer shall be built along any portion of said line from the intersection of Como avenue and the right of way of the Great Northern Railway Company to Como Park so as to require the taking up of the tracks of said company, or to interfere with the operation of cars on said line, prior to September, 1896. Provided, however, that in case the City of St. Paul, or it> authorized agents, do not begin the building of the sewer between the point where the sewer now terminates on Como avenue and the point where the right of way of the Great Northern Railway Company crosses Como avenue, on or be- fore the first day of June, 189.'], then and in that case the said St. Paul City Railway Company, its successors, and assigns, 885 shall proceed to construct the above described line and have the same completed and in operation on or before the first day of July. 189:1. Provided, further, that in case said City of St. Paul shall fail to begin the construction of the sewers above provided, and the said the St. Paul City Railway Company, its successors and assigns, constructs the said line of railway between the points last above named, then, and in that case no sewer shall be built between the points last above named 5< ■ as to require the taking up of the tracks of said company, or to interfere with operation of cars on said lines, prior to September, 189G. 2302. Sec. 5. The St. Paul City Railway Company, its successors and assigns, shall extend its lines now terminating at the intersection of Greenbrier and Maryland streets, in said city, as a double track line, from said point to Phalen Park, as follows: From the intersection of Greenbrier and Maryland streets; along said Maryland street to Earl street; thence along Earl street to Lake Como and Phalen avenue, and shall run and operate cars on said extension and line to Como and Phalen avenue, and shall have the same in opera- tion as soon as the City of St. Paul shall have acquired, by purchase or condemnation, title to real estate in Phalen Park, so-called, for a public park; said extension, however, need not be in operation earlier than July I. L894, and said company shall be required to operate said extension only between May 1st and October 1st of each year prior lo Oct. I. L897, after which time the City of St. Paul may require the operation ol cars "ii said extension during the entire year 1»\ the said the St. Paul City Railway Company. Provided, however, that after said extension is built and the track laid no sewer-- shall b( built along any portion of said line from the corner "I" Maryland and Greenbrier avenues so as to require the taking up of the tracks of the said company or to interfere with the operation of cars on said line prior to September, 1898. 2303. Sec. 6. The St. Paul Cit} Railway Company, its successors and assigns, shad extend the hue now terminal at Dale street on Rondo street, from hale street west on Ron do streel to Miller street, or Vvon street, and operate the cars 886 running on said line as Ear west on Rondo street as Miller street or Avon street, said extension to be completed and in operation within ninety (90) days after the publication of this ordinance. 2304. Sec. 7. That upon the completion of the lines of rail- way specified in this ordinance the same shall be operated as provided by said ordinance twelve hundred and twenty-seven i 1227 I, and all other provisions of the said ordinance shall apply tn said lines except as in this ordinance provided. All of the rights granted by this ordinance, except as herein other- wise provided, shall terminate at the same time as the rights granted by said ordinance twelve hundred and twenty-seven ( 122? ). and all duties and obligations assumed by the St. Paul City Railway Company under the provisions of this ordinance shall he performed by said company, its successors and as- signs, until the expiration of the right granted by this ordi- nance and said ordinance number twelve hundred and twenty- seven ( 1221 I. 2305. Sec. 8. That certain ordinance passed by the com- mon council of the City of St. Paul, number sixteen hundred and thirty-nine (1639), entitled "An ordinance requiring and directing the St. Paul City Railway Company to build, equip, construct, maintain and operate new lines of street railway in the City of St. Paul. Minnesota," passed Nov. 2, 1892, and ap- proved Nov. K>, 1892, be and the same is hereby repealed. And that certain resolution adopted by the board of alder- men Oct. 18, 1892, and by the assembly Nov. 2. 1892, and ap- proved Nov. l<>th, 1892, requiring the St. Paul City Railway ipany to build and construct a horse car line from the intersection of Front street and Como avenue to Chats worth street: thence on Chatsworth street to a point forty "(40) feet north of the quarter corner of McKenty street, be and the same is hereby repealed. 2306. Sec. 9. Before this ordinance shall be of any force or effect the said the St. Paul City Railway Company, its >uc- ■rs and assigns, shall file with the city clerk of the City of St. Paul a written acceptance thereof, to be approved by the corporation attorney, in which acceptance said company SHI shall agree to carry out the terms and provisions of this ordi- nance and said ordinance number twelve hundred and twenty- seven I 1221 i as hereby amended. Said acceptance to be exe- cuted by the president or vice president and secretary of said company, and its corporate seal to be affixed thereto and said acceptance to be hied with the city clerk within thirty (30) days after the publication of this ordinance. 2307. Sec. 10. [f the said St. Paul City Railwa} Com- pany, its successors, and assigns, shall fail or neglect to com- plete, equip and operate all of the lines ,,f railway designated in this ordinance, within the time and in the manner herein specified, or shall fail to comply with any of the provisions of this ordinance, then all rights and privileges hereby -ranted. shall be forfeited to the City of St. Paul, and all of the pro- \isions of this ordinance shall be null and void and have no effect,' and upon the failure of the St. Paul City Railway Company, its successors and assigns, to complete, equip, ami operate the lines of railway designated in this ordinance, and within the time and manner herein specified, or upon the failure of said company to comply with any of the provisions of this ordinance, then and in Mich cast-, that certain ordinance of the t'it_\ of St. Paul referred to in section seven i i i as ordi nance number sixteen hundred and thirty-nine (1639), also thai certain resolution referred to in section seven i ! I, adopted by the board of aldermen, Oct. 18, 1892, and by the assembly Nov. 2, 1892, and approved Nov. 10, 1892, shall be and remain in full force the same as though this ordinance had nol been enacted, and in such case this ordinance shall no1 operate as a repeal to said ordinance number sixteen hundred and thirt} nine (1639), or of said resolution al any time whatsoever, 2308. See. ii. This ordinance shall take effed and be in force from and after its publication and acceptano a herein provided. 888 SUPPLEMENTAL TO ORDINANCE 1686. Ordinance No. 1701. i Approved August 2, 1893.) 2309. An Ordinance supplemental to that certain ordinance of the City of St. Paul numbered 1686, entitled "An ordinance amending certain sections of ordinance numbered 1227 of the City of St. Paul, entitled 'An ordinance authorizing the St. Paul City Rail- way Company to construct, equip, maintain and operate street railway lines in the City of St. Paul,' " said ordinance having been passed by the assembly May 15, 1893, and by the board of alder- men May 16, 1893, and approved by the mayor May 18, 1893. Whereas, by the terms and provisions of section four (-1) of that certain ordinance of the City of St. Paul numbered six- teen hundred and eighty-six (1686), passed by the assembly May 15, 1893, and by the board of aldermen May 16, 1893, be- ing an ordinance amending certain sections of ordinance num- bered twelve hundred and twenty-seven (1227), of the City of St. Paul, entitled "An ordinance authorizing the St. Paul City Railway Company to construct, equip, maintain and operate street railway lines in the City of St. Paul," it is or- dained, among other things, that the St. Paul City Railway Company shall construct a double track line in the City of St. Paul, between the following points : Beginning at the intersection of Rice street and Como avenue; thence along Como avenue to the intersection of Como avenue and Front street ; thence along Front street to the intersection of Chats- worth and Front street; thence along Chatsworth street to the intersection of Chatsworth street and Van Slyke avenue; thence along Van Slyke avenue to Como Park; and, whereas, in order to construct said line, as required in said ordinance, ii is necessary for the said line to be constructed over what is known as the Como avenue bridge, which bridge crosses the Great Northern tracks; and, whereas, it has been made to appear to the common council of the City of St. Paul that the said bridge is unsafe and unfit for the operating and running 889 of heavy cars thereon; and, whereas, the traveling public will be greatly inconvenienced unless the St. Paul City Railway Company shall operate the above-described line without crossing the said Como avenue bridge; Now, therefore, the common council of the City of St. Paul do ordain as follows: 2310. Sec. 1. The St. Paid City Railway Company, its successors, and assigns, and it and they, are hereby permitted and anthorized to lay their tracks over the following de- scribed route, so as to avoid the necessity of passing over said bridge, until such time as the new bridge shall have been built at said point on Como avenue over the said Greajt North- ern tracks: Beginning at the intersection of Como and West- ern avenues; thence along Western avenue to Atwater street; thence on Atwater street to the intersection of Atwater street and Como avenue ; thence along Como avenue as provided in said ordinance numbered sixteen hundred and eighty-six i L686) : provided, however, that as soon as said new bridge is constructed and ready for use, the said St. Paul City Railway Company, its successors and assigns, shall then construct its line from the intersection of said Western avenue and Como avenue over said bridge to the intersection of Atwater street and said Como avenue, and operate its cars thereon, as re- quired in -aid section four | h of ordinance numbered sixteen hundred and eighty-six (1686). 2311. Sec. 2. Nothing contained in this ordinance shall in any way interfere with or impair an\ of the Other terms, pro- visions or conditions of -aid ordinance numbered sixteen hun- dred ami eighty-six (1686), except a- herein provided; and' tin- laying of the track- as herein provided upon -aid Western avenue and said Atwater streel and the operation oi ear- over tin- same, shall be deemed a compliance with the terms and provisions of that portion of said section four I I) herein changed, of said ordinance numbered sixteen hundred ami eight] L686), the same as if the tracks were laid along said Como avenue a- provided in said ordinance numbered sixteen hundred and eighty six i L686) ; provided, thai the said St. Paul City Railwa) Company shall lay its tracks and o 890 ate its cars on Como avenue, as provided in said ordinance numbered sixteen hundred and eighty-six (1686) when the new bridge shad have been built on said Como avenue over the said Great Northern railway tracks. Sec. 3. This ordinance shad take effect and be in force from and after its passage and publication. BROADWAY LOOP— AUTHORIZED. Ordinance No. 1902. (Approved January 6, 1897.) 2312. An Ordinance requiring and directing the St. Paul City Railway Company to build a line of street railway on Eighth street, from Broadway street to Robert street, and to connect with the line of rail- way on Broadway street and on Eighth street, at Robert street, and to operate certain lines of street railway over the same and other streets in said city. The Common Council of the City of St. Paul do ordain as follows: Sec. 1. That the St. Paul City Railway Company be and i- hereby ordered and required to construct a line of street railway on Eighth street, from Broadway street to Robert street, and to connect the same at Broadway street with the lines of street railway now constructed on Broadway street and to connect the same at Eighth and Robert streets with tlie line of street railway now on Eighth street, between Rob- ert street and Wabasha street, together with all necessary switches, poles, wires, conduits and appliances over and along said part of Eighth street, the same to be used by the St. Paul City Raihvay Company, its successors and assigns, in the operation of this system of street railway lines as an ad- ditional loop upon which such portions of which additional loop shall be operated at all times the cars forming the Inter- urban line (so-called), the Grand Avenue line, the Como Ave- nue line and the Hamline line, so that after the construction and equipment of said additional line the cars operated on the 891 Interurban line shall be so operated that the same shall run from the westerly city limits on University avenue and Waba- sha street, as now operated, to Fifth street, in said city ; thence easterly on Fifth street to Broadway street; thence northerly on Broadway street to Eighth street; thence westerly on Eighth street to Wabasha street; thence northerly on \\ aha sha street, and westerly on University avenue, as the same are now operated. And the said cars on Grand Avenue line .shall be operated from the western terminus of said line to Seventh street, and on Seventh street to Wabasha street: thence southed} on Wabasha street, from Seventh street to Fifth street, as the same are now operated; thence easterly on Fifth street to Broadway street: thence northerly on Broadway street to Eighth street: thence westerly on Eighth street to Wabasha street ;. thence on Wabasha street to Seventh street, and on Seventh street to the western terminus of said Grand avenue lii'm. as the same are now operated. And the cai^ on Como avenue line shall be operated from Como Park to Wabasha street, and on Wabasha street to Fifth street, as the same are now operated: thence easterlj on Fifth street to Broadway street: thence northerlj on Broadway street to Eighth street; thence westerl) on Eighth Streel to Wabasha street: thence northerly on Wabasha street and to Como I 'ark. as the same are now operated. And the cars on Mainline line shall b< operated from the western terminus of said line to Wabasha street, and on W a basha streel to Fifth street, as the same are now operated; thenee easterl} ori Fifth streel to Broadway street: thence northerl) on Broadway street to Eighth street ; thenee wester 1_\ on Eighth street to Wabasha street; thence northerly Wabasha street and to the western terminus of said line, as the same are now i iperated. And the said St. Paul City Railwa) Companj be, ami is hereby required, ordered and directed to build, equip, con- struct and maintain all of tin- necessary tracks, side-tracks, switches, pole-, wires and appliances SO that the said Intel Urban line (so-called), the (band avenue line and the Mam line line shall be extended and operated over tin- streets as 892 hereinabove specified; the same when so extended to be main- tained and operated under the provisions of said ordinance \H. \-^y,. and the ordinances supplemental thereto. 2313. See. 2. That the City Clerk of the City of St. Paul is directed to serve a copy of this ordinance upon the St. Paul City Railway Company immediately after the passage and publication of this ordinance. Sec. 3. This ordinance shall take effect and be in force from and after its passage and publication. BROADWAY LOOP— CARS TO BE RUN ON THE LINE Ordinance No. 1925. (Approved May 8, 1897.) 2314. An Ordinance requiring and directing the St Paul City Railway company to make certain changes in the operation of certain of its lines of street rail- way by extending the Interurban line, the Gomo Avenue line, as far easterly as Broadway street. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That the St. Paul City Railway Company be and is hereby ordered and required to make such changes in the operation of certain of its lines of street railway as herein specified, and in so doing said company shall operate the In- terurban line, so-called, as the same is now operated from the westerly terminus of said line to Fifth street and Wabasha street, in said city, as the same is now operated ; thence east- erly on Fifth street to Broadway street, thence northerly on Broadway street to Seventh street and to the western ter- minus of said lines, as the same is now operated. And the said St. Paul City Railway Company shall oper- ate the Como Avenue line, so-called, as the same is now oper- ated from the northwestern terminus of said line to Fifth street and Wabasha street in said city, as the same is now op- erated, thence easterly on Fifth street to Broadway street, thence northerly on Broadway street to Seventh street and thence westerly on Seventh street to Wabasha street and 893 thence on Wabasha street to the northwestern terminus of said line, as the same is now operated. And the said St. Paul City Railway Company he and is hereby required, ordered and directed to build, equip, construct and maintain all the necessary tracks 3 side tracks, switches. poles, wires and appliances and connections between am of the tracks on any of the streets named, so that the Interurban line, so called, and the Como Avenue line, shall he extended and operated over the streets as hereinabove specified, the same when so extended to be maintained and operated under the provisions of Ordinance Xo. 1227 of the City of St. Paul, and the ordinances supplemental thereto, and as in this ordi- nance provided. 2315. Sec. 2. Ordinance No. 1002, entitled "An ordinance requiring and directing the St. Paul City Railway Company to build a line of street railway on Eighth street, from Broad- way street to Robert street, and to connect with the line of railway on Broadway street and on Eighth street at P>road- way street, and to operate certain lines of street railwa\ over the same and other streets in said city," approved December 2 1th. 1896, is hereby in all things repealed. Sec. 3. This ordinance shall take effect and he in force from and after its passage and publication. FOURTH STREET— CHANGE FROM CABLE TO ELECTRIC AUTHORIZED. Ordinance No. 1935. i Appn ived J une •">. 1 89 i 2316. An Ordinance authorizing and empowering the St. Paul City Railway Company to change the Fourth Street or Selby Avenue Cable Line, so called, into an electric line. The Common Council of the Cit) o\ St. Paul do ordain as fi illi iws : Sec. I. The St. Paul City Railwa) Companj i hi authorized and empowered to change and substitute for its i able cars now in operation from Broadwaj street on Fourth 89 I street to Third street, thence on Third street to Selby avenue, ami thence on Selby avenue to Milton street, in the City of St. Paul, a double track electric line, and in making such change and substitution said company shad run said line so changed on Fourth street from Broadway street westerly to an intersection on West Third street, thence on West Third street to Selby avenue, thence on Selby avenue to Milton ■ : the said double track electric line as hereby authorized shall be substituted, built, equipped and operated subject to all the power, right and authority, and subject to all the limits. requirements and conditions prescribed by the now existing franchises and ordinance of the City of St. Paid relative to the erection, construction and operation of electric lines within the City of St. Paid ; and the said company in making the said change ami substitution is authorized and empowered to build, erect and install along the line of Selby avenue and between the west line on Third street and the easterly line of Summit avenue any such device as may be sufficient and proper for the operating" of the cars up and down the Selby avenue hill, so called, from \Yest Third street westerly on said Selby ave- nue, to such point westerly from Summit avenue as may be necessary, such device to be of such form and construction as shall be approved by the engineer of the said company and the city engineer of the City of St. Paul. Said through double track and electric line, installed and operated as herein authorized and directed, shall connect at Milton street with the present so called Merriam Park electric line, and be maintained and operated with the Merriam Park electric line, as one continuous line without change of cars. The -aid double track electric line, to be installed and op- erated as in this ordinance provided, shall be completed and in operation on or before the first day of December. A. D. 1897. 2317. Sec. 2. In addition to the rights granted by section ( >rdinance Xo. 1227 of the City of St. Paul with respect to the issue of transfer checks, the St. Paul City Railway Com- pany shall from and after the first day of December. A. D. —ue a transfer check to any passenger who has paid one fare on any line, any portion of which is now. or hereafter shall be operated within any territory bounded on the east by 895 the east line of Broadway street, on the north by the north line of Eighth street, on the west by the west line of Wabasha street, and on the south by the south line of Fourth street, which transfer check shall entitle the passenger so receiving the same to a continuous passage, and shall be used upon the next car departing on the line for which such transfer check i^ issued. 2318. Sec. 3. The said St. Paul City Railway company shall, within twenty days after the passage and publication of this ordinance, file its written acceptance thereof in the office of the City Clerk of the City of St. Paul, agreeing to comply with all the terms and conditions hereof, such acceptance to be in such form as shall be approved by the Corporation At- torney of the City of St. Paul. Sec. I. This ordinance shall take effect and be in force from and after its passage, publication and acceptance, as in section three of this ordinance provided. SIBLEY STREET LOOP— THIRD STREET AND WA- COUTA STREET. Ordinance No. 1956. (Approved September 23, 1897.) 2319. An Ordinance requiring and directing the St. Paul City Railway Company to furnish, equip, con- struct, maintain and operate new lines of street railway in the City of St. Paul, Minnesota, and to construct additional lines of street railway track and to make certain changes in the operation of its lines of street railway in the City of St. Paul, Minnesota. Whereas, b) ' frdinance No. 1227, entitled, " \n ordinance authorizing the St. Paul Cit} Railwaj Company to construct, equip, maintain and operate streel railwa) lines in the City ■ Paul," approved September 20, 1889, the Cit) of St. Paul did -rant to tin- St. Paul City Railway Company, its successors and assigns, the authority, righl and privilege to build, equip, maintain and opi railway lines with single and 896 double tracks with all the necessary side tracks and switches, poles, wires, conduits and appliances over and along certain streets and avenues in the City of St. Paul which are particu- larly mentioned, described and set Forth in said Ordinance Xo. 1221 : and. Whereas, by Section W III., of said Ordinance Xo. I is provided as follows : "The Common Council reserves and shall possess the right at any time and from time to time after January 1, 1892, to order the construction and completion by said St. Paul City Railway Company of any new lines of railway or the exten- sion upon any and all streets in the City of St. Paul upon which sewers shall have been constructed, and all lines or extensions so ordered shall be constructed and in operation within one (1) year after such orders are made; provided, that when such new lines or extensions are constructed, all the provisions of this ordinance shall apply thereto ;" and, whereas, sewers shall have been constructed upon all the streets and avenues hereinafter mentioned in this ordinance upon which the said St. Paul City Railway Company is di- rected to construct tracks and operate cars : Now, therefore, the Common Council of the City of St. Paul do ordain as follows : 2320. Sec. 1. That the St. Paul City Railway Company be. and is hereby ordered and required to construct a single line of street railway track on Sibley street, from Fifth street to Third street, and a single line of street railway track on Third street from Wacouta street to Robert street, and a single line of street railway track on Wacouta street from Third street to Fifth street and to connect the single line of street railway on Sibley street with the lines of street railway now constructed on Fifth street, and to connect the single line of street railway on Sibley street with the line of street railway to be constructed on Third street, and to connect said line of street railway on Third street with the line of street railway on Robert street, and to connect the single line of street rail- way on Wacouta street with the lines of street railway now constructed on Fifth street, and also with the line of street railway to be constructed on Third street, as hereby ordered to be constructed together with all the necessarv switches, 897 poles, wires, conduits and appliances over and along said parts of Sibley street and Third street and Wacouta street, said lines of street railway so to be constructed to be used by the St. .Paul City Railway Company, its success" rs and as- signs, in operation of its system of street railway lines upon which such portions of additional lines shall be operated at all times, the cars forming the Grand avenue line, the Hamline line, the Lafayette and Rondo line and the Mississippi and West St. Paul line, so that after the construction and equipment of the additional lines of street railway hereby ordered to be constructed, the cars operated on. the Grand avenue line shall be so operated that the same shall run from the western terminus of said line to Fifth street in said city as the same are now operated, thence easterly on Fifth street to Robert street, thence south- erly on Robert street to Third street, thence easterly on Third street to Sibley street, thence northerly on Sibley streel Fifth street, thence westerly on Fifth street to Robert street, thence northerl} on Robert street to Seventh street, thence westerly on Seventh street to Ramse) street, and thence on Ramsey street, Oakland avenue and Grand avenue, as the same are now operated : and the cars on the I lamline line shall be operated from the western terminus of said line to Fifth street and Wabasha street in said city as the same are now operated, thence easterly on Fifth street to Roberl street, thence southerly on Roberl streel to Third street, thence easl erly on Third streel to Sibley street, thence northerly on Sib- ley streel to Fifth street, thence westerly on Fifth streel to Wabasha street, thence on Wabasha streel to the Western terminus of said line, as the cars are now operated; and the cars on the Lafayette and Rondo line shall be so operated that the cars going from the eastern terminus of said line through the business portion of said city and to the western terminus of said line on Rondo streel shall be operated from said east- ern terminus to Broadway streel and Fifth street, as the same an- now operated, thence on Fifth streel to Wacouta street, thence south on Wacouta street to Third street, thence west on Third street to Sibley street, thence north on Sibley to Fifth -tree), tllelice \\ e - t o|| Fifth -Ireel to I\..1mI! -Meet, 898 thence north on Robert street to Eighth street, thence west on Eighth street to Wabasha street thence on Wabasha street and to the western terminus of said line as the cars are now operated, and the cars going in the opposite direction on said Lafayette and Rondo line shall be operated from the western terminus of said line on Rondo street to Fifth street and Wa- basha street, as the same are now operated, thence on Fifth street to Robert street, thence on Robert street to Third street, thence on Third street to Sibley street, thence on Sibley street to Fifth street, thence on Fifth street to Broadway street and to tlie eastern terminus of said line as the same are now oper- ated, and the cars on the Mississippi and West St. Paul line shall be operated so that. the cars operated on said line shall be run from the northern terminus thereof at the intersection of Brainerd avenue and Edgerton street to Fifth street and Broadway street, as the same are now operated, thence on Fifth street to Wacouta street, thence on Wacouta street to Third street, thence on Third street to Sibley street, thence on Sibley street to Fifth street, thence on Fffth street to Wabasha street, and to West St. Paul, as the same are now operated, and cars going in the opposite direction shall be operated from the terminus of said line in West St. Paul to Fifth street and Wabasha street, as the same are now operated, thence on Fifth street to Robert street, thence on Robert street to Third street, thence on Third street to Sibley street, thence on Sibley street to Fifth street, thence on Fifth street to Broadway street, and to the terminus of said line on Brainerd avenue and Edgerton street as the same are now operated. 2321. Sec. 2, And the said St. Paul City Railway Com- pany is hereby ordered, required and directed to build, equip, construct and maintain all the necessary tracks, side tracks, switches, poles, wires and appliances on each and all of said streets as in this ordinance named so that the said lines of railway in this ordinance required, the same when so extended shall be maintained and operated according to the provisions of Ordinance No. 1227 of the City of St. Paul and the ordi- nances amendatory thereof. 2322. Sec. 3. The City Clerk of the City of St. Paul is hereby directed to serve upon the St. Paul City Railway Com- 899 pany a copy of this ordinance immediately upon its passage and publication. Sec. -A. This ordinance shall take effect and be in force from and after its passage and publication. FOURTH STREET— CHANGE— FROM CABLE TO ELECTRIC. Ordinance No. 1970. (Approved February 8, 1898.) i See Ordinance 1957, approved Sept. 24, 1897.) 2323. An Ordinance authorizing the St. Paul City Railway Company to change its Fourth street and Selby avenue cable line, so-called, into an electric line. The Common Council of the City of St. Paul do ordain as follows : Sec.l. The St. Paul City Railway Company is hereby directed, authorized and empowered to change and substitute for its cable line, now in operation on Fourth street from Broadway street to Third street, thence on Third strei Selby avenue, thence on Selby avenue to Milton si reel, in the City of Si. Paul, a double track electric line of street railway, and in making such change and substitution, said company shall run said line on Fourth street from Broadway street westerly to its intersection with Wesl Third street, thence on West Third streel to Selby avenue, thence on Sell>\ avenue to Milton street, and when the said double track electric line hereby authorized is substituted, built and operated, the same shall 1m- subject to all the powers, rights, authority, privil< obligations, limitations and provisions of Ordinance No. W4, of the City of Si. Paul, passed Augusl L4th, L886, except that , the motive power, and the erection and maintenan poles and wires, the same shall he subjeel to the terms, con- ditions and provisions of I >rdinance No. L227, of the City "1 St. Paul, passed September L9, 1889, and except that the rights hereby granted to operate b} i lectric power, or otherwise, aid line so changed shall cease and terminate on the nineteenth day of September, V I >. L9 \'<. '.Mill In making such change and substitution said St. Paul City Railway Company, its successors and assigns, are hereby au- thorized and empowered to construct, maintain and operate such suitable device, or devices, together with such machinery, appliances and buildings as may be necessary therefor, on or about Sell)_v avenue hill, so-called, from Third street as far west "ii Selby avenue as may he necessary for the purpose of Operating the electric cars on said line up and down said Selby avenue hill, safely; provided, however, that said build- ings, device or devices, machinery and appliances, shall be so constructed and maintained as not to interfere with or obstruct travel on Selby avenue west of Summit avenue, or on any part of Summit avenue, or any part of Third street, and so that the same shall not obstruct travel upon the sidewalks on either side of Selby avenue between Summit avenue and Third street. Said double track electric line to be substituted and operated as herein authorized and directed, shall connect at Milton street with the present so-called Merriam Park electric line, and shall be maintained and operated with said Merriam Park electric line as one continuous line, without change of cars from Broadway street to the corner of University and Prior avenues, in said city ; provided, however, that said com- pany shall not be obliged to run all the cars which it shall operate over said electric line from Broadway street to Mil- ton street through to Merriam Park, but only such number as is necessary to furnish a reasonable service, but said through cars shall be run at intervals not exceeding fifteen minutes be- tween cars between the hours of six o'clock in the morning and eight thirty in the evening, and said company shall operate its cars on all portions of said line during such hours each day, and with such frequency as shall reasonably accommodate the traveling public along the entire length of said line from Broadway street to the corner of Prior and University ave- nues. The said double track electric line to be substituted, built and operated, as in this section provided, shall be completed and in operation on or before the 30th day of June, 1898. 2324. Sec. 2. The device, or devices, buildings, machinery and appliances in Section 1 of this ordinance authorized, shall 901 be such as shall be approved by the City Engineer of the City of St. Paul, and the erection of the same, and all thereof, the change and construction of said line, and the erection of poles and wires shall all be done under his direction and super- visions) and the said St. Paul City Railway Company, its suc- cessors and assigns, shall save and hold harmless the Cit) of St. Paul from any and all damages, costs and expenses, arising from said change and substitution or from the construction or maintenance of said line, device or devices, buildings, appli- ances or machinery hereinbefore authorized and provided for. 2325. Sec. 3. In addition to all the transfer privileges now- existing and provided for in Section 1-i of Ordinance No. L227, passed by the Common Council of the City of St. Paul, the said St. Paul City Railway Company shall, from and after the passage, publication and acceptance of this ordinance as here- inafter provided, issue a transfer check at the corner of Fourth and Robert streets, to any passenger going in an easterly di- rection on said Fourth street and Selby avenue line who has paid one full fare, which transfer check shall entitle the passen- ger so receiving the same to a continuous passage on the next regular car departing from the corner of Fifth and Roberl Streets in the direction and upon either of the lines following, to-wit: In a northerly or westerly direction upon the fnter- urban line, the Como line and the Mainline line, and in an easterly or westerly direction upon the Lafayette and Rondo line. And it shall also issue at the corner of Jackson and Fourth streets to any passenger going in an easterl} direction ■ Hi -aid Fourth streel and Selb_\ avenue line who has paid our full fare, a transfer check which shall entitle such passenger si receiving the -a me to one continuous passage on the next ear departing from the corner of Jackson and Fifth streel on the Jackson street line, or on the nexl ear departing in an i erly direction from the corner of Jai k on .nxl Seventh streets on the Maria avenue line. The said St. Paul Cit) Railwa) Company, its successors and assigns, shall also issue a transfer to an) passenger who has paid one full fare traveling in a southerly or easterly di- rection on the fnterurban line, the Como line, the Mainline line or Jackson treel line, or in a westerly direction on the 902 Maria avenue line, or in cither direction on the Lafayette and Rondo street line, which transfer shall entitle the person so receiving the same to a continuous passage on the next regular car departing in a westerly direction over the said Fourth street and Selby avenue line. Such transfer shall be issued from the Interurban line, the Como line and the Ham- line line and the Lafayette aiid Rondo line going in an easterly or southerly direction at the corner of Fifth and Wabasha streets, and the person so receiving the same shall take the next car departing over said Fourth street Selby avenue line at. the corner of Wabasha and Fourth streets. From the Maria avenue line such transfer shall be issued at the corner of Jackson and Seventh streets, and from the Lafayette and Rondo line going in a westerly or northerl\ r direction and for the Jackson street line at the corner of Fifth and Jackson streets, and the person so receiving the same shall take the next car at the corner of Fourth and Jackson streets depart- ing in a westerly direction on said Fourth street and Selby avenue line. 2326. Sec. 4. The rate of fare shall not exceed five cents for each passenger for one continuous ride on said Fourth street and Selby avenue line from Broadway street to the cor- ner of Prior and University avenues, or from the corner of Prior and University avenues to Broadway street, or for one continuous ride on said line between said points toward the end of the said line to which the car is approaching. 2327. Sec. 5. The said St. Paul City Railway Company shall, within fifteen days- after the passage and publication of this ordinance, file with the City Clerk of the City of St. Paul, its acceptance in writing of all the terms, provisions and con- ditions of this ordinance, and this acceptance shall be in such form as shall be approved by the Corporation Attorney of said city, and shall be executed by the President or Vice Presi- dent and Secretary of said company, under its corporate seal. 2328. Sec. 6. Nothing in this ordinance contained shall have the effect to waive, take away or abridge any control over said company now existing in the City of St. Paul, or its Common Council, under any ordinance, resolution or order 5)03 of the Common Council of said city, applicable to said line, and now in force, or to release the said com pan}- from any obligation or duty imposed upon it by any other ordinance, order or resolution of said Common Council, applicable to said line, and now existing and in force, except as in Section 7 of this ordinance provided. 2329. Sec. 7. Upon condition that the said St. Paul City Railway Company accepts this ordinance as hereinbefore pro- vided, within the time hereinbefore specified, and makes the change and substitution hereinbefore authorized and provided for, and operates its said Selby avenue and Fourth street line, so changed, within the time hereinbefore specified, the said company, its successors and assigns are hereby given until the first day of September, A. D. 1898, in which to pave that portion of Third street and Fourth street which lies between the tracks of said company and between the double tracks, in the manner provided by Section 2 of Ordinance X". >H, but the said company shall, on or before said date, pave the said portion of said streets, which it is required by said last named ordinance t<» pave in like manner as. and with the same kind of material with which the balance of said streets are now paved. 2330. Sec. 8. The St. Paul City Railway Company shall pay to the City Treasurer of said city in advance an annual li- cence of ten dollars ($10) for each and every car used upon said Fourth street and Selby avenue line as it i^ required to do by Section 17 of Ordinance No. L227, upon the cars used by it upon its line- of railway in that ordinance named. See. 9. This ordinance shall take effeel and be in force from and after its passage, publication and acceptance l>\ -aid St. Paul City Railway Company, in the manner and within the time hereinbefore pr< >\ ided, 904 COMO HARRIET LINE— PERMISSION TO BUILD. Ordinance No. 1982. (Approved May 20, 1898.) 2331. An Ordinance Authorizing the St. Paul City Rail- way Company to Construct, Equip, Maintain and Operate a Street Railway in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That there is hereby granted to the St. Paul City Railway Company, its successors and assigns, the authority, right, and privilege to build, equip, maintain and operate a street railway line, with single or double tracks, together with all necessary side-tracks, switches, poles, wires, conduits and appliances, over and along the following streets, to-wit : Be- ginning at the intersection of Langford avenue and the West- ern limits of Como Park, in the City of St. Paul ; thence along Langford avenue westerly to the intersection of Langford ave- nue and the County road, so called ; thence along said County road to the city limits ; provided, however, that the rights here- in granted shall terminate on the 20th day of September, 1939. 2332. Sec. "2. Said St. Paul City Railway Company, its successors and assigns, are hereby authorized and empowered to construct, maintain and operate single or double street rail- way tracks, together with all necessary poles, wires and ap- pliances through Como Park in the City of St. Paul, along such route and between such points and during such time, and subject to such regulations as the Board of Park Commis- sioner.- of the City of St. Paul may designate. 2333. Sec. '■'>. The said St. Paul City Railway Company, it> successors and assigns, shall begin the construction of the line or lines herein provided for along Langford avenue, and ci mplete the same, during the year 1898, and when said line ■ nstructed as herein authorized, the same shall be subject to all the terms and provisions and conditions and limitations of ordinance numbered 1227, of the City of St. Paul, passed by the Common Council September 19, 1889, and approved Sep- tember 20, 1889. 905 Sec. 5. This ordinance shall take effect and be in force from and after its passage and publication. HAMLINE LINE— NEW ROUTE. Ordinance No. 2064. (Approved August I. 1899. I 2334. An Ordinance supplemental to Ordinance No. 1227, entitled "An ordinance authorizing the St. Paul City Railway Company to construct, equip, main- tain and operate street railway lines in the City of St. Paul," approved Sept. 20, 1889. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. There is hereby granted to the St. Paul City Railway Company, its successors and assigns, the authority, right and privilege to build, equip, maintain and operate a line of street railway with double tracks on Blair street, from Como avenue to Grotto street; thence north on Grotto street to .Minnehaha street; thence west on Minnehaha street to Snelling avenue; thence on Snelling avenue from Minnehaha Capitol avenue; thence west on Capitol avenue to Fairview avenue; thence south on Fairview avenue to Minne- haha street ; thence wesl on Minnehaha streel to Prior avenue; thence south on Trior avenue to University avenue; said line to be equipped with all necessary switches, poles, wires, con duits and appliances over and along said streets, as provided in said Ordinance No. 1221 and the ordinances of said city amendatory therei >f. 2335. Sec. 2. The line of street railwa) authorized to be equipped, maintained and operated by the provision <<\ section I shall In- full) completed and equipped for service on or be Eor< the firsl day of November, L899, and when -aid line of streel railway is so completed ami equipped it shall be incor porated with and made a part of the Mainline line, so called, and the gaid St. Paul City Railwa) Com pan) shall thereafter maintain and operate -aid llamlme line, including the new line ant hi >rized by tin ' irdina f< '11' >wa : 906 First around the Union Depot loop, so called: thence along Fifth street to Wabasha street; thence along Wabasha street to Rice street ; thence along Rice street to Como avenue ; thence along the routes and streets authorized in section 1 hereof to the corner of Prior avenue and University avenue. The said cars shall then return back to said Union Depot loop by the same route over which the same are operated as afore- said. Around the Union Depot loop and from said loop to the corner of Prior avenue and University avenue the said cars shall be operated at intervals not exceeding fifteen minutes apart. 2336. Sec. 3. The line of street railway authorized to be constructed and maintained by section 1 hereof shall be fully completed and equipped for service and placed in full opera- tion as a part of said Hamline line as aforesaid on or before the time stated in section 2 of this ordinance, and when so completed, equipped and in operation said Hamline line in- cluding the new line hereby authorized shall be accepted in lieu of the Hamline line as it is at present built, operated and maintained in the City of St. Paul; and the said St. Paul City Railway Company, in consideration of the privileges granted by this ordinance, hereby waives, relinquishes and surrenders to the City of St. Paul all of the right, authority and privilege granted to it under said Ordinance No. 1227 to operate a street railway line or lines on Lexington avenue from Univer- sity avenue to Minnehaha street and on Minnehaha street from Lexington avenue to Snelling avenue and on Snelling avenue from Minnehaha street to Langford avenue. Upon the completion, equipment and operation of the line of street railway authorized by section 1 hereof the said St. Paul City Railway Company shall forthwith remove its tracks, switches, poles and appliances from said last named portions of Lexing- ton and Snelling avenues. 2337. Sec. 4. The right, authority and privilege hereby granted to the St. Paul City Railway Company to build, equip, maintain and operate said new lines of street railway shall be subject to all the terms, conditions and limitations of said Or- dinance Xo. 1227, except as herein otherwise provided. '.mi; Sec. 5. This ordinance shall take effect and be in force from and after its publication and acceptance by said St. Paul City Railway Company in writing, executed by its proper of- ficers and filed with the Clerk of said City of St. Paul within fifteen days after the publication of this ordinance. INDIAN MOUNDS PARK LINE— TO EXTEND MARIA AVENUE LINE. Ordinance No. 2104. i Approved April 6, 1000.) 2338. An Ordinance supplemental to Ordinance No. 1227, approved September 20, 1889, and entitled : "An ordinance authorizing the St. Paul City Railway Company to construct, equip, maintain and operate street railway lines in the City of St. Paul." Whereas, The Common Council of the City of St. Paul did, heretofore, by an ordinance known as Ordinance No. L221 of the general ordinances of the city of St. Paul, and entitled: "An ordinance authorizing the St. Paul City Railway Com- pany to construct, equip, maintain and operate street railway lines in the City of St. Paul," which said ordinance was duly approved on or about September 20, L889, and then and there duly published in the then official newspaper, granl to the said St. Paul City Railway Company, its successors and assigns, the authority, right and privilege to build, equip, maintain and operate a line of street railway commencing at the intersec tion of Seventh streel and Maria avenue ; thence on Maria ave nne to Plum si reel : thence on Plum street to Hastings avenue ; thence on Hastings avenue to Earl street; thence on Earl streef to 1 ndian Mound Park ; and, Whereas, The Common Council of the Cit} of St. Paul did, thereafter, and by Ordinance No. L686, entitled: "An ordinance amending certain sections of Ordinance No. 1221 f>t' the City of St. Paul, entitled ' \n ordinance authorizing the St. Paul City Railway Company to construct, equip, maintain and operate streel railway lines in the City of St. Paul,' passed September \'-K 1889, and approved September 20, L889," which said ordinance w a - thereafter dul) approved and duly pub 908 lished in the then official paper of the City of St. Paul, direct and require that the said St. Paul City Railway Company should operate the cars by it operated and maintained on its Maria avenue line, so called, as far west on East Seventh street as Robert street, from the intersection of East Seventh street with Maria avenue; and. Whereas, in and by the terms of said Ordinance X-o. L227, it was left to the said St. Paul City Railway Company to determine whether or not said Maria avenue line should be operated by a system of single or double tracks, and the requirements of the inhabitants of that portion of the city in the way of transportation have since made it necessary that the line of double tracks as at present maintained should be extended and maintained as so extended ; Xow, therefore, the Common Council of the City of St. Paul do ordain as follows : 2339. Sec. 1. That the said St. Paul City Railway Com- pany is hereby authorized, empowered and directed to lay and equip a line of double tracks on Hastings avenue from the end of the double track lines as now by it laid and maintained, near the intersection of Mound street with said Hastings ave- nue, to Earl street ; thence on Earl street to Pacific avenue ; and to operate over the lines of double track so laid, equipped and by it to be maintained the cars by it at present operated and maintained on its Maria avenue line, so called, by con- structing a Y on Mound street of sufficient size and in such a manner as to fully accommodate the traffic on said Maria ave- nue line. 2340. Sec. 2. Said Ordinance Xo. 1227 shall apply to the lines of railway in this ordinance specified, and the said St. Paul City Railway Company shall, with respect to the con- struction, equipment, maintenance and operation of said line, be entitled to like powers, rights and privileges, and be sub- ject to like limitations and conditions as those contained in the provisions of said Ordinance X'o. 1227, except as herein other- vise provided, or as the same are necessarily inapplicable hereto. 2341. Sec. 3. This ordinance shall take effect and be in force from and after its passage, approval and publication, and its acceptance by said St. Paul City Railway Company, evidenced in writing and tiled with the City Clerk. HAMLINE LINE— NEW ROUTE. Ordinance No. 2114. i Approved May s. 1900.) 2342. An Ordinance supplemental to Ordinance No. 1227. entitled "An Ordinance authorizing the St. Paul City Railway Company to construct, equip, main- tain and operate street railway lines in the City of St. Paul," approved Sept. 20, 1889. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. The St. Paul City Railway Company is hereby authorized and required to build, equip, maintain and operate a line of single track street railway«ori Minnehaha street, from Snelling avenue to Prior avenue, thence south on Prior avenue to University avenue, in tin- City of St. Paul, including the necessar) appliances for the operation thereof 1>\ electric pi Aver. 2343. Sec. ''. The line (if streel railway authorized by the provisions of Section | , ,f this ordinance shall he full} COD structed, equipped and in operation on or before the firsl da) of July, L900, and when si > completed and equipped it shall be incorporated with and made ;i pari of the Mainline line, so called, and said St. Paul Cit) Railwa) Compan) shall there after operate through ears mi said Mainline line between the central or business portion of the cit) and the terminus ol said line at Universit) avenue, as herein provided, at inter vals nol exceeding thirt) (30) minutes apart, and also, compan) -hall continue to operate through cai ovei Mandinc line, between the central "i" bu lortion of the city and tin- presenl terminus of said line at Langford avenue, at intervals not exceeding thirt) (30) minutes apart, so that there shall be at leasl ;• fifteen (15) minute service bel 910 Snelling avenue in Hamline and the business portion of the city, and so that there shall be at least a thirty (30) minute ser- vice between the business portion of the city and each ter- minus of said Hamline line, and said company shall at all times operate cars from the business portion of the city to each terminus of said Hamline line with such frequency and at >uch intervals as shall reasonably accommodate the traveling public. 2344. Sec. 3. The authority and privilege hereby granted to build, equip and maintain said additional line of street rail- way track shall be subject to all the terms, conditions and limi- tations contained in Ordinance Xo. 1227, mentioned in the title hereof, and shall be operated pursuant to the terms hereof, except as in this ordinance otherwise provided. 2345. Sec. 4. The said St. Paul City Railway Company shall, within fifteen (15) days after the passage and publica- tion of this ordinance, execute and file in the office of the City Clerk of the City of St. Paul its written acceptance thereof, and this ordinance shall -ta^ke effect and be in force from and after the passage, publication and acceptance thereof, as herein provided. TO REPEAL ORDINANCE NO. 1925. Ordinance No. 2123. (Approved — See below.) 2346. An Ordinance repealing Ordinance No. 1925, en- titled "An Ordinance requiring and directing the St. Paul City Railway Company to make certain changes in the operation of certain lines of its street railway by extending the Interurban line, the Como avenue line as far easterly as Broadway street," approved May 8, 1897. The Common Council do ordain as follows : Sec. 1. That certain ordinance No. 1925, entitled "An or- dinance requiring and directing the St. Paul City Railway Company to make certain changes in the operation of certain of its lines of street railway by extending the Interurban line, 911 the Conio avenue line as far easterly as Broadway street," ap- proved May 8, 1897, be and the same is hereby in all respects repealed. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication. (Passed without approval of the mayor and became a law not- withstanding veto.) PERMISSION TO STRING WIRES. Ordinance No. 2197. (Approved June 27, 1901.) 2347. An Ordinance authorizing the St. Paul City Railway Company to erect, place and maintain poles, and to string wires thereon, along certain streets in the City of St. Paul. The Common Council of the City of St. Paul do ordain as fi illows : Sec. 1. The St. Paul City Railway Company is hereby authorized and empowered to erect and maintain poles and to string all necessary wires thereon for the purpose of convey- ing electricity for power to be used in connection with its streel railway system, over and along the following streets in the City of St. Paul, to-wit: Commencing at the intersection of Como avenue and I >ale et; thence along hale street to Aurora avenue; thence along Aurora avenue to Grotto street, thence along Grotto el to Selby avenue. 2348. Sec. 2. The Common Council hereby reserves the righl to require said St. Paul Cit) Railwa) Companj to re move said poles and wires from said streets within a reason- able time upon giving reasonable notice thereof; and when required and notified as above provided said St. Paul City Railway Company shall remove said poles and wires, erected under and pursuanl to this ordinance, from the streets above named. Sec. ■ '•. This ordinance shall take effecl and be in force fn 'in and after n pa 1)12 SOUTH ST. PAUL LINE— EXTENSION OF CONCORD STREET LINE. Ordinance No. 2252. i Approved February 8, 1902.) 2349. An Ordinance providing for an extension of the Con- cord street car line in the City of St. Paul. Whereas, By section one of ordinance No. V-Z2] -of the City of St. Paul, approved September 19, 1899, the St. Paul City Railway Company is authorized" and required to con- struct and operate by electricity a double track street car line, commencing at the intersection of Robert street and Fifth' street in said city, thence on Robert street to Robert street bridge, thence across the same and along South Robert street to Concord street, thence on Concord street to a point near Arthur avenue, and said company is engaged in operating the car line above mentioned; and, AVhereas, By section eighteen of said ordinance Xo. 1227, the common council has reserved the right to order the ex- tension of said street car line as the public interest may re- quire ; The Common Council of the City of St. Paul do ordain as follows : 2350. Sec. 1. That the St. Paul City Railway Company is hereby required to put in the necessary tracks, wires and appliances, and to extend the line of street railway hereinabove mentioned, from the present terminus thereof on Concord street, along and upon said Concord street and Concord ave- nue, to the southerly limits of the City of St. Paul, and to run and operate the cars upon said line and over the same as so extended. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication. 913 PHALEN PARK— CAR FACILITIES. Ordinance No. 2257. ■ (Approved February L7, 1902.) 2351: An Ordinance relating to street car facilities for Phalen Park. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. The St. Paul City Railway Company, as provided in section five (5) of Ordinance Xo. 1686, approved May 16, 1893, is hereby required forthwith to construct the necessary tracks therefor and to extend its double track street railway line now terminating at the intersection of Greenbrier avenue and Maryland street in the City of St. Paul, from said point to Phalen Park, upon and along the following route: From the intersection of Greenbrier avenue and Mary- land street, along said Maryland street to Earl street ; thence along Earl street to Como and Phalen avenue. And as soon as said extension can be constructed, said company is required to run and operate thereon and thereover all the necessary cars to accommodate the public in going to and from said park, in- cluding all of the cars now operated on its said ear line termin- ating at Greenbrier avenue and Maryland street as aforesaid. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication. MISSISSIPPI AND WEST ST. PAUL RAILWAY COM- PANY—EXTENSION TO DODD ROAD. Ordinance No. 2298. i Approved Augusl 8, L902. 1 2352. An Ordinance relating to the street car facilities of the Sixth Ward of the City of St. Paul. Whereas, The St. Paul City Railwa> Company has main tained, and doc-, now maintain, a single track streel railway line upon Smitn avenue, from King streel south : and Whereas, It is deemed besl for the public interests that there should be maintained by said Streel Car Company a double track streel railway line upon said Smith avenue. Ill I Now, Therefore, the Common Council of the City of St. I 'aul '1" ordain as follows: 2353. See. 1. The St. Paul City Railway Company, as pro- vided in section 18 of ordinance No. 1227, approved Septem- ber L9, 1889, is hereby required forthwith to construct the necessary tracks therefor, and to extend its double track street railway line now terminating" at King street and Smith ave- nue from said point on and along Smith avenue to the south- erly limits of the City of St. Paul. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. TRANSFERS— TO BE ISSUED AT RICE STREET AND UNIVERSITY AVENUE. Ordinance No. 2326. (Approved November 7, 1902.) 2354. An Ordinance requiring the St. Paul City Railway Company to issue transfer checks to street railway passengers at the corner of University avenue and Rice street. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That the point of transfer for passengers riding in an easterly direction upon the Minneapolis and St. Paul, or Interurban, line of street railway cars, operated by the St. Paul City Railway Company, from said line to the Hamline and Jackson street car line going east, is hereby fixed and established at the corner of University avenue and Rice street, in the City of St. Paul, and the said St. Paul City Railway Company is hereby required to issue to any passenger de- manding the same, traveling in an easterly direction upon said Minneapolis and St. Paul or Interurban line of cars, who has taken passage thereon at a point west of Lexington ave- nue, and who has paid one fare upon said line, a transfer check at the corner of Rice street and University avenue, en- titling said passenger to continue his journey upon the Ham- line and Jackson street car line going east from said point. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication. 915 OWL CARS— PROVIDED FOR. Ordinance No. 2349. (Approved February IS, 1903.) 2355. An Ordinance supplemental to Ordinance No. 1227, and requiring a better and more improved service upon the different lines of street railway operated by the St. Paul City Railway Company. AYhereas, in and by the terms of Ordinance No. I&27, and the ordinances amendatory thereof and supplemental thereto, i* is provided, among other things, that "the Common Council may regulate the speed," and that "the coaches and cars used by the grantee therein named shall be of the best modern style, and suitable for the safety, convenience and comfort of the passengers," and that the said grantee "shall operate its said lines during such hours of each day, and cause cars to be operated on each of the lines with such frequency as shall reasonably accommodate the traveling public, along said lines," and, Whereas, in the opinion of the Common Council the ser- vice as now rendered on the different lines in the City of St. Paul is not by means of such cars, suitable for the safet) , con- venience and comfort of the passengers: Now, therefore, the Common Council of the City of St. Paul do ordain as follows: 2356. Sec. 1. The St. Paul City Railway Company is here- by directed and required to operate upon all its lines of rail- way in the City of St. Paul, between the hours of midnighl and five o'clock in the morning of each day, at least one car each hour. 2357. Sec. 2. This ordinance shall take dint and be in force from and after its passage, approval and publication. Sec. ■'•. [mmediately upon the passage, approval ami publication of this ordinance the City Clerk shall serve a cer- tified copy of the same upon the St. Paul City Railway Com- pany. 016 STILLWATER LINE— RIGHTS FOR HAZEL PARK TRESTLE BRIDGE. Ordinance No. 2359. (Approved March 21, 1903.) 2358. An Ordinance granting permission and authority to the Minneapolis & St. Paul Suburban Railway- Company to fill in, over certain land owned by the City of St. Paul, for the construction of piers for a bridge over the right of way of the Chicago, St. Paul, Minneapolis & Omaha Railway Company, at a point where the same crosses Hazel avenue in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority is hereby granted. subject to the terms and provisions of this ordinance, to the Minneapolis & St. Paul Suburban Railway Company, to make such fill or filling as is necessary for the construction of its bridge over the right of way of the Chicago, St. Paul. Minne- apolis & Omaha Railway Company, at a point where the same crosses Hazel avenue in the City of St. Paul, and also to make such fill and do such filling as is necessary to construct the approaches thereto on either side of the right of way of the Chicago, St. Paul, Minneapolis & Omaha Railway Company, over the following described pieces or parcels of land hereto- fore dedicated to the city of St. Paul for street purposes in and by the terms of two certain deeds, one bearing date the 20th day of December, 1890, and made by William L. Ames and Helen F. Ames, his wife, as parties of the first part, to the City of St. Paul, party of the second part; the other bear- ing date the 30th day of February. 1800, and made by Lane K. Stone and Carolyn M. Stone, his wife, and Walter S. Morton and Susie L. Morton, his wife, as parties of the first part, and the City of St. Paul as party of the second part. The said land is described as follow r s, to-wit : "The westerly thirty (30) feet of so much of the southeast quarter of the northwest quarter (S. E. % of X. W. T 4) of section twenty-six (26), township twenty-nine (20), north of range twenty-two (22) west, as is owned by the parties of the first part or either thereof: and the easterly thirty (30) feet of so much of the west one-half (W. l />) of the northwest quarter I \. W. % I of said section twenty-six i 26 I as is owned by the parties of the first part or either thereof;" and that tract of land "beginning at the point where the northerly line of the right of way of the railway of the Chicago, St. Paul, Minneapolis & Omaha Railway Company intersects the east line of the X'. W. '4 of the X. W. J4, section No. 26, town- ship 29, north of range 22 west, thence north on the said east line of the said X. \Y. ' 4 of the X. W. '4. a distance of 466.95 feet to a point, thence west at right angles to the line last de- scribed, a distance of thirty (30) feet, thence south on a line drawn parallel with that on the west side of it and thirty (30) feet distant from the said east line of the said X. W. % of the X. W. '4 to the said northerly line of the right of way of said railway company, thence eastwardly along said northerly line of the right of way to the place of beginning." 2359. Sec. 2. All of the filling authorized by the terms of this ordinance shall he satisfactory to the Commissioner of Public Works of the City of St. Paul, and shall he construed to be in aid of the easement of the City of St. Paul heretofore acquired in the property hereinabove described for street pur- poses, and the City of St. Paul hereby reserves the right t" at any time devote so much of said property as may he neces sary to street purposes, according to the terms and provisions of the deeds hereinabove referred to. 2360. Sec. 3. The Minneapolis X St. Paul Suburban Rail- way Company in ami b) the terms of this ordinance, and as tin- assignee of the grantors in the deeds hereinabove recited. expressly waives any and all claim t" thr said strips or parcels of land hereinabove recited, excepl as such rights ma\ be granted by the terms of Ordinance No, 1246 of the General Ordinances of the City of St. Paul and the terms and pro visii '!i- 1 <\ this 1 trdinam 1 2361. See. 1. Before tin- ordinance becomes valid and op erative, the said Minneapolis X St. Paul Suburban Railway Company shall, and it is hereby required to, tile in the office of 918 the City Clerk of the City of St. Paul its written acceptance of the terms and provisions hereof, in a form satisfactory to the Corporation Attorney of said city. Sec. 5. This ordinance shall take effect and he in force from and after its passage, approval and publication. SIBLEY STREET LOOP— AMENDING ORDINANCE 1956. Ordinance No. 2361. (Approved April 17, 1903.) 2362. An Ordinance to amend Ordinance No. 1956, entitled "An Ordinance requiring and directing The St. Paul City Railway Company to furnish, equip, con- struct, maintain and operate new lines of street rail- way in the City of St. Paul, Minnesota, and to con- struct additional lines of street railway track and to make certain changes in the operation of its lines of street railway in the City of St. Paul, Minnesota," approved September 23, 1897, and to prohibit the construction or operation of any lines of street railway upon Third street in the City of St. Paul, between Sibley and Wacouta streets. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That Section 1 of Ordinance No. 1956 of the City of St. Paul, entitled "An Ordinance requiring and directing The St. Paul City Railway Company to furnish, equip, con- struct, maintain and operate new lines of street railway in the City of St. Paul, Minnesota, and to construct additional lines of street railway track and to make certain changes in the operation of its lines of street railway in the City of St. Paul, Minnesota," approved September 23, 1897, be and the same is hereby amended by striking out all permission, authority, or- ders and requirements therein contained, directed to The St. Paul City Railway Company to construct, maintain or operate any new line or lines of street railway track upon or along Third street, in said City of St. Paul, between Sibley and Wa- couta streets. 919 2363. Sec. 2. That all permission and authority heretofore given or granted to The St. Paul City Railway Company to construct, maintain or operate any line or lines of street rail- way in, upon or along Third street in the City of St. Paul, be- tween Sibley and Wacouta streets, be and the same is here- by repealed, revoked and annulled, and no such line or lines of track shall be hereafter constructed, maintained or oper- ated upon that portion of Third street hereinbefore described, unless permission so to do is hereafter given and granted by the Common Council of said city. A 2364. Sec. 3. That immediately upon the approval and publication of this ordinance, the City Clerk of said city is hereby directed to serve a copy of this ordinance upon said St. Paul City Railway Company. Sec. 4. This ordinance shall take effect and be in force from and after its passage and publication. JACKSON STREET LINE— ADDITIONAL DOUBLE TRACK. Ordinance No. 2379. (Approved May 23, 1903.) 2365. An Ordinance supplemental to an ordinance No. 1227, entitled "An Ordinance authorizing the St. Paul City Railway Company to construct, equip, maintain and operate street railway lines in the City of St. Paul," approved September 19, 1889. The Common Council of the City of St. Paul '1" ordain as follows : 1 Sec. I. The St. Paul City Railway Company, as provided in Section 18 of Ordinance No. L227, approved September 19, L889, is hereby required forthwith to construe! the necessary tracks therefor and to extend its double track streel railway line, now terminating on Jackson streel al the intersection of Grove streel therewith, from said poinl on and along Jackson street and Fairview street to tin- intersection of Fairview street w ith Mt. Airy street. Sec. '.. This ordinance shall take effed and be in force from and after its passage, approval and publication. 920 PHALEN PARK LINE. Ordinance No. 2368. I Approved April IT, 1903.) 2366. An Ordinance relating to street car facilities for Phalen Park, in the City of St. Paul. Whereas, Jn and by the terms of Section 5 of Ordinance No. L686 of the general ordinances of the City of St. Paul, ap- proved May 16, 1893, the St. Paul City Railway Company was required to extend its lin# of street cars now terminating at the intersection of Greenbrier and Maryland streets, in said City, as a double track line from said point to Phalen Park, as follows : From the intersection of Greenbrier avenue and Maryland street along said Maryland street to Earl street; thence along Earl street to Lake Como and Phalen avenue; and A\ "hereas, A subsequent agreement has been made by and between the said St. Paul City Railway Company and the City of St. Paul, acting by and through its Board of Park Com- missioners, consenting that said route shall be changed so as to read : "Along said Maryland street to Forest street ; thence along Forest street to Lake Como and Phalen avenue," now therefore The Common Council of the City of St. Paul do ordain as follows : 2367. Sec. 1. The St. Paul City Railway Company, as provided in Section 5 of Ordinance Xo. 1686 of the general ordinances of the City of St. Paul, approved May 1G, 1893, be, and it is hereby required, ordered and directed to construct forthwith the necessary tracks therefor and to extend its double track street railway line, now terminating at the inter- section of Greenbrier avenue and Maryland street, in the City of St. Paul, from said point to Phalen Park, upon and over the following route, to-wit: From the intersection of Greenbrier avenue and Maryland street along said Maryland street to Forest street; thence along Forest street to Lake Como and Phalen avenue. And as soon as said extension can be constructed, said Company is required to run and operate thereon and thereover all the necessary cars to accommodate 92] the public in going to and from said Park, including all the cars now operated on its said line terminating at Greenbrier avenue and .Maryland street, as aforesaid. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. CONCORD STREET LINE. Ordinance No. 2394. (Approved August 20, 1903.) 2368. An Ordinance providing for an extension of the Con- cord street car line in the City of St. Paul. Whereas, By section 1 of Ordinance No. 1227, of the City of St. Paul, approved Sept. 19, 1889, the St. Paul City Railway Company is authorized and required to construct, maintain and operate by electricity, a double track line of street cars, commencing at the intersection of Robert street and Fifth street in said city, thence on Robert street to the Robert street bridge, thence across the same and along South Robert street to Concord street, thence on Concord street to a point near Arthur avenue, and said Company is now engaged in operating the car line above mentioned; and Whereas, By section 18 of said Ordinance \<>. L227, the Common Council has reserved the right, and is vested with the power, tO order the extension of said -tree! ear line as the public interests may require; and Whereas, \ sewer has been constructed and is now in use upon thai portion of Concord street hereinafter described, and the Common Council deems thai the public interests of said city require the extension of said street car line as hereinafter ordered : therefi »re, The Common Council of the Cit) of St. Paul do ordain a f< ill' iws : 2369. See. I. Thai the St Paul City Railway Company be and it is hereby ordered and required to provide and put in tin- necessary tracks, wires and appliance th< r< for, and to ex tend the line of streel railuav hereinabove mentioned, now be ing operated upon Concord streel in said city from the pics- 922 cut terminus thereof on Concord street, along and upon said Concord street to Lucy street, and to run and operate cars upon said line and over the same, as so extended, with double tracks the same as upon the balance of said line, and in con- nection with and as a part thereof, and to so construct, equip and commence the operation thereof within the time provided for in said Ordinance No. 1227. 2370. Sec. 2. The City Clerk of said City is hereby di- rected to serve a copy of this ordinance upon said St. Paul City Railway Company forthwith upon its passage and publi- cation. Sec. 3. This ordinance shall take effect and be in force from and after its passage and publication. STRYKER AVENUE LINE. Ordinance No. 2445. (Approved May 13, 1901.) 2371. An Ordinance relating to the Stryker avenue street car line. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That the St. Paul City Railway Company forth- with upon the passage, approval and publication of this ordi- nance and the service upon it of a copy thereof, is hereby or- dered and required to run and operate its street cars in either direction upon its Stryker avenue line, so called, at intervals of not exceeding twenty minutes between cars, between the hours of half past six in the morning and nine o'clock in the evening, of each day, until the further order of the Common Council. 2372. Sec. 2. That the City Clerk is hereby directed and required to serve a copy of this ordinance upon said St. Paul City Railway Company forthwith upon its passage and publi- cation. Sec. 3. This ordinance shall take effect and be in force from and after its passage, approval and publication. 9.23 SELBY AVENUE LINE. Ordinance No. 2447. (Approved May 24, 1904.) 2373. An Ordinance relating to the Selby avenue street car line, known as the Merriam Park line. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That forthwith upon the passage and service up- on it of a copy of this ordinance, the St. Paul City Railway Company be and it is hereby ordered and required to run and operate the cars upon its Selby avenue line, from Fourth street and Broadway, through to University avenue at Mer- riam Park, at intervals of not exceeding ten minutes between cars in either direction, between the hours of 6:30 in the morning and 8 o'clock in the evening of each day, until the further order of the Common Council. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication, and the City Clerk is directed to forthwith serve a copy thereof upon said St. Paul City Railway Company. CARS TO STOP DURING FIRE. Ordinance No. 2472. i Approved October :. L9040 2374. An Ordinance relating to the St. Paul City Railway Company. The- Common Council of the City of St. Paul do ordain as follows : See. I. Thai each and ever) motorman in the employ ''i the -aid St. Paul City Railwa) Company, in charge "i" any <>t tin- streel <-ars belonging t<> said St. Paul City Railway Com pany, while on the streets of the •-aid City of St. Paul, shall immediately upon seeing any of tin- fire apparatus of said city responding to any fire alarm upon the streel oi said ^"i ; St. Paul, bring to a stop the car or cars under his control. In the evenl that said fire apparatus shall he approaching said car or cars on the same street, said motorman shall not operate or start any of said cars until all of the fire apparatus shall have passed. In the event that said fire apparatus shall he approaching said ear or cars on a cross street, said motorman shall not operate or start any of said cars until all of the fire apparatus shall have crossed the street upon which any of said cars arc then operating. 2375. Sec. 2. The St. Patil City Railway Company is here- by directed and required to stop any and all of the cars oper- ated or to be hereafter operated on any of the street railway lines in said City of St. Paul, at the times and places and in the manner hereinafter indicated, as follows : All cars going west on Fifth street shall be brought to a stop on the easterly side of Rosabel street, on the easterly side of Minnesota street and on the easterly side of Cedar street. All cars going west on Seventh street shall be brought to a stop on the easterly side of Minnesota street, on the easterly side of Cedar street and on the easterly side of Sixth street. All cars going east on Fifth street shall be brought to a stop on the westerly side of Minnesota street and on the westerly side of Cedar street and on the westerly side of Rosabel street. All cars going east on Seventh street shall be brought to a stop on the westerly side of Minnesota street, on the westerly side of Cedar street and on the westerly side of Sixth street. All cars going west on Eighth street shall be brought to a stop on the easterly side of Minnesota street. All cars going south on Jackson street shall be brought to a stop on the northerly side of Eighth street and on the northerly side of Sixth street. All cars go- ing north on Jackson street shall be brought to a stop on the southerly side of Sixth street and on the southerly side of Eighth street. All cars going west on Selby avenue shall be brought to a stop on the westerly side of Mackubin street. All cars going east on the Selby avenue line shall stop on the west- erly side of Mackubin street. All cars going north and south on Broadway shall be brought to a stop on the northerly side of Tenth street. All cars going north on Robert street shall stop on the south side of Sixth street and on the south side of Eighth street. All cars going east on Third street shall stop seventv-five feet west of street car tracks at Seven Corners. 925 All cars going east on Seventh street shall also stop seventy- five feet south of street car tracks at Seven Corners. All cars going west on Fourth street shall also stop on the easterly side of Minnesota street and on the easterly side of Cedar street, and all cars going east on Fourth street shall also stop on the westerly side of Cedar street and on the westerly side of Minnesota street. All cars operating on Lafayette avenue shall be brought to a stop seventy-five feet east of Broadway ; provided, however, that in no event shall the St. Paul City Railway Company bring to a stop any of the cars now oper- ated or to be hereafter operated, in front of any of the fire engine houses in the City of St. Paul. 2376. Sec. 3. Any person who shall violate any of the pro- visions of this ordinance shall be deemed guilty of a misde meanor and upon conviction thereof shall be punished by a tine bf not more than One Hundred Dollars or by imprison ment not exceeding thirty days for each offense. Sec. 5. this ordinance shall take effect and be in force from and after its passage, approval and publication. REPEAL OF ORDINANCES NOS. 2368, 2257 AND 2252. Ordinance No. 2501. ( Approved March 2 I. L905. 1 2377. An Ordinance repealing certain ordinances of the City of St. Paul heretofore passed relating to the extension of certain street railway lines. 'I'he Common Council of the City of St. Paul do ordain as follows : See. 1. Thai Ordinance numbered 2368, being Board File Xo. 17218, entitled "An ordinance relating to streel cai facili for Phalen Park in the City of St. Paul," passed b) the Board of Aldermen April i. 1903, and by the ^.ssembl) Vpril l»;, inn;;, and approved April L7, Mm:;, be and the same is here by repealed. 2378. See. 2. 'That ( Irdinance numbered 2257, being I '.-.ml File No. L5045, entitled "An Ordinance relating to streel cai facilities for Phalen Park," passed by the Board of Aldermen 92G Jan. 81, L902, and by the Assembly Feb. 13, 1902, and ap- proved Feb. 17, 1902, be and the same is hereby repealed. 2379. Sec. 3. That Ordinance numbered 2252, being Board Kile No. 15043, entitled "An Ordinance providing for the extension of the Concord street line in the City of St. Paul," passed by the Board of Aldermen Jan. 21, 1902, and by the Assembly Feb. 6, 1902, and approved Feb. 8, 1902, be and the same is hereby repealed. Sec. 4. This ordinance shall take effect and be in force from and after its passage and publication. COMO INTERURBAN LINE. Ordinance No. 2507. (Approved April 11, 1905.) 2380. An Ordinance to regulate service on the Como-In- terurban street car line. The Common Council of the City of St. , Paul do ordain as follows : Sec. 1. That hereafter and until the further order of the Common Council, the St. Paul City Railway Company is here- by ordered and required, between the hours of 6 and 9 o'clock a. m. and between the hours of 4 and 8 o'clock p. m. of each day. to run and operate cars upon its Como-Interurban street car line, so-called, in the City of St. Paul, at intervals of not exceeding seven minutes between cars in either direction upon said line, and not to exceed fifteen minutes apart during the remaining hours of each day. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication, and the City Clerk is directed forthwith to serve a copy thereof on said St. Paul City Railway Company. 927 SAME. Ordinance No. 2523. (Approved June 2-i, 1905.) 2381. An Ordinance to regulate service on the Como-Har- riet Interurban street car line, and for the repeal of Ordinance No. 2507. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That hereafter and until the further order of the Common Council, the St. Paul City Railway Company is here- by ordered and required to run and operate cars in either direction upon and over its Como-Harriet [nterurban street car line, so-called, within the limits of the City of St. l'anl, ac- cording to the following time schedule, viz: Between the hours of six and nine o'clock A. M. of each day, at intervals not exceeding ten minutes between cars ; between the hours of nine o'clock A. M., and four o'clock P. M. of each day, at in- tervals of not exceeding fifteen minutes between cars; and be- tween the hours of four ami eight o'clock P. M. of each day, at intervals not exceeding ten minutes between cars; and be- tween the hours of eight o'clock P. M. and twelve o'clock mid- night of each day, at intervals of not to exceed fifteen minutes between cars in either direction; and between midnighl and six o'clock the next morning of each day to maintain not less than the present service for the same hours on said line. 2382. Sec. 2. The City Clerk is directed to serve a cop) of this ordinance upon -aid Si. l'anl City Railway Company forthwith upon its approval and publication. 2383. Sec. 3. That Ordinance X". 2507, approved April 1 1. 1905, is hereby repealed. Sec. I. That this ordinance shall take effed and !"■ in force from and after ten days from the dale of its passage, ap- proval, publication and service of a copy thereof upon said company as hereinbefore required. 92,8 RESOLUTION OF THE COUNCIL. i Approved February L7, L897.) 2384. \\ hereas, By Section 9 of Ordinance No. 1227, of the City of St. Paul, provision is made as Follows: "The St. Paul City Railway Company shall at all limes keep so much of the streets occupied by its lines of railway as ma\ lie between the rails of each track and between the lines of double track, and for a space of two feet outside of the track or tracks cleaned and in good repair, and shall cause the snow to be removed so as to afford a safe and unobstructed passage-way for sleighs and wagons, and within twenty-four hours of the snowfall in each instance, and the repairs and removal of the snow shall be done to the satisfaction of the Common Council or such person or persons as may have su- pervision of the streets of the City of St. Paul, and at the cost and expense of said Company, and in case of any failure to comply with the above provisions the City Engineer shall cause such snow to be removed and the track kept in repair as aforesaid and the expense thereof shall be charged to and collected from said St. Paul City Railway Company ;" and. Whereas, Said Company has failed and neglected to cause to be removed the snow from the streets occupied by the tracks of said Company as recpiired by the terms of said ac- tion ; now therefore, be it 2385. Resolved. That the St. Paul City Railway Company be and it is hereby recptired to cause the snow to be removed from the streets occupied by the tracks of said Company, as provided by the terms of said section, and is also required to remove from any of such streets any and all obstructions of snow along the lines of such streets where such obstructions are caused in whole or in part by the piling of snow on said streets by said St. Paul City Railway Company in the removal of the -now from the space on said streets occupied by the tracks of said Company, all of the same to be removed within twenty-four hours of the snowfall in each instance, the same tc be removed to the satisfaction of the City Engineer of the City of St. Paul, it being the intent of this resolution that the snow should be removed from all such streets, and such por- 929 tions of such streets as shall be indicated by the City Engi- neer of the City of St. Paul so that there shall be afforded on the streets so indicated by him a safe and unobstructed pass- age-way for sleighs and wagons. 2386. Resolved, further. That the City Clerk be and he is hereby instructed to cause to be served upon the St. Paul City Railway Company immediately upon the publication of this resolution, a copy of the same. 2387. Resolved, further, That the City Engineer be and he is hereby required to indicate to the St. Paul City Railway Company immediately upon the taking effect of this resolu- tion the streets and portions of streets from which it is neces- sary to remove the snow, as herein provided. 2388. Resolved, further. That in case the St. Paul City Railway Company shall fail or neglect to remove such snow within twenty-four hours of the snowfall in each instance, then and in that case the City Engineer shall cause the same to be removed at the expense of such company, and the City Engineer shall keep an accurate account of the cost of such removal and shall report the same to the City Council. 2389. Resolved, further. That the City Engineer be, and he is hereby instructed, to report to the Corporation Attorney tin- cost of the removal of the snow heretofore removed by the City from streets and portions of streets in the City which should have been removed by the said railway company in case the same had been removed a-- contemplated for the re- moval of snOW in tlie future by the terms of this resolution, and tin- Corporation Attorney be and he is hereby instructed to make demand upon the City I\ai1\v:i\ Company for the pay- ment of such sum to the City, and in case said Company shall fail to pay the same to institute proper proceedings for the collection thereof. 930 RESOLUTION OF THE COUNCIL. (Approved December 9, 189S.) 2390. Resolved, That the St. Paul Railway Company is hereby required to stop all cars running in a northerly direc- tion on the Fourth street and Selby avenue line at Seven Cor- ners, at a point immediately south of the lines on Seventh, and before crossing the street car tracks, on said Seventh street, and also all cars running in a southerly direction on said Fourth street and Selby avenue line at Seven Corners, at a point immediately north of said Seventh street and be- fore crossing the street car tracks on said Seventh street, for the purpose of receiving and discharging passengers at each of said points, and to prevent danger of collision with cars on said Fourth street and Selby avenue line and the said Seventh street lines. RESOLUTION OF THE COUNCIL. (Approved January 9, 1899.) 2391. Resolved, That the St. Paul City Railway Company is hereby directed and required to stop all cars operated around the new Union Depot loop on Sibley street immedi- ately north of Third street for the purpose of taking on pass- engers, and that the City Clerk serve a copy of this resolution on said Company forthwith. RESOLUTION OF THE COUNCIL. (Approved May 2G. 1902.) 2392. A resolution authorizing a change in the operation of the Union Depot loop, so-called, under Ordi- nance No. 1956 of the City of St. Paul, passed by the Assembly September 16th, 1897, and by the Beard of Aldermen September 21st, 1897, and ap- proved September 23rd, 1897. Whereas, The Common Council of the City of St. Paul did by Ordinance Xo. 1956, passed by the Assembly of the City of St. Paul on the 16th day of September. 189". and by 931 the Board of Aldermen on the 21st day of September, 1897i and approved on the 33rd day of September, 1897, authorize and direct the St. Paul City Railway Company, its successors or assigns, to construct certain additional lines of street rail- way therein described, on Third street and Sibley street, and to connect the same with certain other lines of said St. Paul City Railway Company therein referred to, and when so con- structed to operate certain lines of street railway over the same ; and, Whereas, Said St. Paul City Railway Company did there- after construct said lines as authorized and required by said ordinance, and has since been operating" over the same cars known and described as the "Union 'Depot Loop cars," by be- ginning at the intersection of Robert street and Fifth street, thence proceeding southerly on Robert street to Third street, thence easterly on Third street to Sibley street, thence north- erly on Sibley street to Fifth street, thence westerly on Fifth street to Robert street, thence northerly on Robert street to Eighth street, thence westerly on Eighth street to Wabasha street, thence southerly on Wabasha street to Fifth street, thence easterly on Fifth street, and, Whereas, The said Union I )epot loop cars, as so operated, connect with or cross all of the lines of street railway operated by said St. Paul City Railway Company into the central por lion of the City of St. Paul, thus making the Union Depol Loop, so-called, a connection with each and all of the lines of streel railway so operated by said Si. Paul City Railway C< >n i pa n y : and, 2393. Whereas, The -aid means of making Union Depol connections is, in the opinion of the Common Council, more practical and feasible than as provided ami authorized in said Ordinance No. 1956; now. therefore, he it Resolved, By the Common Council of the Cit) ><\ St. Paul, thai -aid St. Paul City Railway Company, il and nd it i- hereby relieved from operating the cars forming the Grand avenui line, o-called, the Hamline line, so-called, the Lafayette and Rondo line, so-called, and the Mississippi and West St. Paul line, so-called, in the mannei 932 designated in said ( Ordinance No. L956; and each and all of the rs on said linos may be operated as the same are now being operated by said St. Paul City Railway Company; and that the operation of said Union Depot Loop cars, so-called, around and over the route herein described shall be deemed a full compliance with the terms and provisions of said Ordinance No. L956, so far as the same relates to the operation of cars oVer the additional lines therein required and authorized to be constructed, so long as said St. Paul City Railway Com- pany, its successors and assigns, shall continue to operate said Union Depot Loop cars. This resolution shall take effect and be in force from and after its passage. RESOLUTION OF THE COUNCIL. (Approved February 18, 1905.) 2394. Resolved. That the St. Paul City Railway Company be and it is hereby ordered and required to issue transfers to passengers on its Como interurban line which shall be good upon any connecting or intersecting line at any point, at the option of the passenger, between the corner of Como avenue and Rice street and the corner of Fifth and Robert streets, and it is likewise ordered and required to issue transfers to passengers upon its University interurban line, good at any point, at the option of the passenger, between the corner of Rice and University avenue and the corner of Fifth and Rob- ert streets, upon any connecting or intersecting line. RESOLUTION OF THE COUNCIL DETERMINING RIGHTS AS BETWEEN CITY OF ST. PAUL AND RAILWAY CO. (Approved March 2, 1905.) 2395. Whereas, An action has been brought in the Circuit Conn of the United States for the District of Minnesota, Third Division, wherein the St. Paul City Railway Company is complainant and the City of St. Paul is respondent, in which said action a decree has been rendered and entered of date March 1, 1905, in favor of said complainant and against the 933 respondent, and in consideration of the matters hereinaftel stated, it is deemed advantageous to both parties that further litigation should cease ; therefore, be it 2396. Resolved, by the Common Council of the City of St. Paul : That in consideration of said St. Paul City Railway Com- pany fully and faithfully keeping and performing all of the conditions and stipulations hereinafter set forth, the City of St. Paul will not take or prosecute any appeal from the de- cree named in the preamble of this resolution, but will allow the same to remain and be final, without costs or disburse- ments to either party. 2397. That in consideration of said city waiving its right of appeal from said decree as above set forth, said St. Paul City Railway Company agrees to and shall, under its present rights and authority as determined and defined by said decision and decree, proceed to and make the improvements, construction and extensions of lines of street railway in said city, and ful- fill the terms and requirements hereinafter set forth, that is to say : 2398. i 1 ) Said St. Paul City Railway Company shall, dur- ing the year 1905, construct a double track line of electric street railway from Prior avenue wesl ' >n Marshall avenue to the westerly city limits, and in that connection, if the proper authorities cbnsenl thereto, -.n i < 1 company shall, as soon as it can procure the necessar) material and perform the work, widen the Marshall avenue bridge across the Mississippi River, with good and substantial steel and iron construction, ami furnish and put in place suitable floors, sidewalks and railings, when so widened, to have a drivewa) thirt) \\\<< net in width for vehicles and street railwa) purposes', and a six fool sidewalk on either side thereof; the plans and construe tion to be subjeel to the inspection and approval ol the Com missioner of Public Works of the City. 2399. i •.' i Said St. Paul City Railwa) Company shall, during the year 1905, extend the Rondo electric streel cai line, ailed, with double tracks from its presenl terminus west 934 to Lexington avenue, and such further distance west on said lo street as said Company may desire. 2400. (3) Said St. Paul City Railway Company shall also during the year L905 extend its double track line of electric street railway from the corner of Greenbrier and Maryland avenues, thence along Maryland avenue to Forest street, thence along Forest street to Lake Como and Phalen avenue, and thence to such point in Phalen Park as may be agreed upon between the Board of Park Commissioners and said Company. When this line is constructed and in operation said Company shall have the right to abandon and take up the tracks now on Maryland avenue between Greenbrier avenue and Payne avenue. 2401. I 4 I Said St. Paul City Railway Company shall, within two years, construct a single track line of electric street railway upon Randolph street, from West Seventh street west to Pascal avenue. 2402. (5) Said St. Paul City Railway Company shall also during the year 1905, contruct a double track line of electric street railway on Snelling avenue, from Grand avenue north to Langford avenue, so as to connect with the Como Avenue Interurban line, so-called, and the State Fair grounds. 2403. (6) Said St. Paul City Railway Company shall also within three years tunnel the Selby avenue hill, so-called, so that the cars now running on the Selby avenue line may be operated through said tunnel instead of over said hill as at present, if the same is practical from an engineering stand- point; provided, however, that the City of St. Paul shall take such proceedings in the way of condemnation or otherwise as it may have authority to exercise, in order to assist said com- pany to acquire the full right, power and authority to con- struct said tunnel, such condemnation proceedings, however, to be instituted upon request of said company and to be done and conducted at the sole expense of said company, provided, also, if the company is delayed in this work through legal ob- stacles as to its right or power so to do, it shall have two years after such obstacles are removed or overcome, in which to complete the work. 935 2404. The engineer of the Company and the Commissioner of Public "Works shall be the judges of whether the tunnel is practical as an engineering problem. If they shall disagree, they shall select a third engineer and the decision of a majority of them shall be final. "While this work is in progress, in or- der to continue traffic on the Selby avenue line, the Company may lay and operate temporary tracks on such street or streets as may be suitable. 2405. i 1 i Said St. Paul City Railway Company -hall, dur- ing the year 1905, extend its double track line of electric street railway from the present terminus on Concord street along said Concord street to the southerly city limits ; provided, however, that the City Council of the City of South St. Paul and the Village Council of the Village of West St. Paid grant to said Company or to the Minneapolis & St. Paul Suburban Railway Company satisfactory authority for the construction and maintenance of a line of street railway within the limits of said municipalities respectively, so as to enable construc- tion of a line through to South St. Paid. In case said last named line is constructed to the city of South St. Paul then only a five cent fare shall be charged for the transportation of passengers to and from the City of South St. Paid, which fare shall entitle the person so paying the same to a transfer on the various connecting lines of the St. Paul City Railway Company in the City of St. Paul, and likewise a transfer from tin various lines of the St. Paul City Railway Company in the City of St. Raul to said line running to the City of South St. Paul. 2406. is) Said Si. Paul City Railwa) Rom,, any shall within two years change and extend with double track the so-called Mainline electric streel railwa) line as follows: To run on Rice street from University avenue to Como avenue; thence on Como avenue to Blair streel ; thence on Blair streel to Lexington avenue; thence north on I in avenue to Minnehaha street; thence west on Minnehaha streel to Prior avenue; thence south on Prior avenue to University avenue; ided, that no new Sewers which will in. \illi the tracks -hall be built on reetS for live years after this 936 change is made, except by consent of the Company. As soon as such change is made, the Company shall remove its tracks from Lexington avenue between University avenue and LUair street, and provided further, that when Blair street from Lex- ington avenue to Griggs street, and Griggs street from Blair street to Minnehaha street are graded and sewered, that por- tion of said line on Lexington avenue from Blair street to Minnehaha street and on Minnehaha street from Lexington avenue to Griggs street shall be changed and removed thereto, within six months after such grading and sewering are com- pleted. 2407. (9) Said St. Paul City Railway Company shall, within two years, build a double track line of electric street railway on Dale street from Grand avenue northerly to the intersection of said Dale street with Como avenue, and shall during the park season of each year operate sufficient cars thereon through to the station at Como Park, over the Como avenue line, so-called, to reasonably accommodate the travel- ing public ; provided, however, the Common Council may within one year designate a different street for this line, which is intended as a so-called cross-town line, provided the amount of construction therefor is not materially increased, or the Company obliged to furnish or construct any bridge for the crossing of railway tracks. 2408. (10) Said St. Paul City Railway Company also, without in any manner modifying the terms or conditions of its franchise rights with reference to rates of fare, and without obligating itself so to do, express its entire willingness to charge only a five cent fare for the people going to and from the City of Minneapolis west of Snelling avenue. 2409. (11) That said St. Paul City Railway Company will, within eighteen months, erect and thereafter maintain its manufacturing plant at or near the corner of University and Snelling avenues in the City of St. Paul, at which place all the general manufacturing and repairing done by said Company shall thereafter be done. 2410. I 12 i Save and except as in this subdivision pro- vided, said Company will in the future when it desires to build any new or additional lines of street railway upon streets not then occupied by it and not excepted by the terms and pro- visions of existing ordinances, file with the City Clerk of the City of St. Paul a notice in writing stating upon what street or streets and between what points it desires to construct and operate such new lines of street railway, and in case said City of St. Paid shall at any time within forty days after the filing of such notice in good faith pass a resolution by a majority vote of the members of both bodies of said Common Council declaring that the streets mentioned in any such notice or any of them, are not desirable or suitable for street railway pur- poses, then and in that event said St. Paul City Railway Com- pany shall not occupy such street or streets so designated in such resolution until such resolution is repealed or modified by the Common Council, provided, however, that this condition providing for riling and giving notice to the City shall con- tinue and be in force for such time only as the City of St. Paul shall not grant or give to any other company, persons or cor- poration, the right to use or occupy such streets and avenues oi any part thereof for or by a street railway of any descrip- tion, either upon, above or below the surface thereof: it being expressly understood and agreed that this provision shall not and does not take away any of the rights or authority of said St. Paul City Railway Company under existing ordinances of said City, but only thai said St. Paul City Railway Company hereby agrees nol to exercise its rights or authority in thai behalf save as herein provided. It is further agreed that the terms and provisions of this subdivision a- to filing and giving notice to tin- City as in intended construction and extensions shall nol appl) to the extension of an) existing lines of streel railway or to an) future line that ma) he constructed under the foregoing notice ; thai is to say, any then existing line may, ;it any time, he further extended along and upon an\ streel running in the same general direction without giving such no tin- ; provided, the foregoing provision as 1 - » giving had not apply to the following streets and parts of streets, \i/: Asbur) avenue from the right of waj of the Chicago, Milwau & St. Paul Railway Compan) to St. Anthony avenue, and St. Peter streel from Tenth streel to Fourth street. 93S 2411. (13) Said St. Paul City Railway Company shall and will during the remainder of the life of Ordinance No. 122*3 of said City, pay into the City Treasury of the City of Si. Paul annually on or before the first day of March of each year during said time a sum equal to the difference between six per centum of the total gross earnings of said Company for the year previous and the full amount that said Company shall be required to pay for such previous year as general taxes, exclusive of any interest and penalties that may accrue thereon. Said general taxes shall be deemed to include all taxes in whatever form paid and to whomsoever paid by said Company, its successors or assigns, save and except only such sums as are required to be paid by said Company under the present existing ordinances of the City of St. Paul relating to said Company. The first payment to be made by said Com- pany to the City of St. Paul under this subdivision shall be paid on or before March 1, 1907, upon the basis of the gross earnings of said Company for the year 1906, and each succeed- ing annual payment shall likewise be based upon the gross earnings of the then last preceding year; provided, that any sum or amount that said Company may be required to pay to the City in any year as a gross earnings tax as provided in Section 17 of said Ordinance No. 1227, shall be deducted from the amount required to be paid for such year hereunder. 2412. (14) The said St. Paul City Railway Company shall, on or before July 1, 1905, pay into the Treasury of the City of St. Paul, the sum of Thirty Thousand Dollars $30,000.00), all of which sum shall be used by the City, either for the construction of a new pavilion on the shore of Lake Como in Como Park, or for the widening of Sibley street, south of Third street. 2413. The provisions and conditions of the above subdi- visions numbered eleven (11), twelve (12) and thirteen (13) shall be binding and remain in force only so long as the rights and privileges of said Company under existing ordinances as determined and denned by said decision and decree remain unimpaired and in force, but this provision shall not excuse performance of the other conditions hereof. 939 2414. That in case the said St. Paul City Railway Com- pany, its successors or assigns, shall fail, neglect or refuse to abide by, carry out and fulfill any of the above and foregoing terms, conditions or stipulations, then and in that event, the City of St. Paul shall have the right at any time within the next three years from this time to apply to" said United States Circuit Court and have the above mentioned decree in said action vacated and set aside, so that it may again be re-entered and thereby restore to said City its right of appeal from said decree, and in that event its right of appeal and to have said decree reviewed and passed upon by a higher court shall be re- stored to the same extent as said right now exists. 2415. Nothing herein contained shall be construed to in any manner enlarge or extend any of the powers or privileges now possessed by said St. Paul City Railway Company under any existing ordinance of said City as determined and defined ln- said decision and decree, nor shall the same be construed to in any manner extend the life or operation of any such ordi- nance beyond the time in said ordinance specified, and this resolution shall continue in force and effect during the life of said Ordinance No. 1227, and no longer. 2416. The St. Paul City Railway Company shall, within ten (10) clays after the passage, approval and publication of this resolution, file with the Cit) Clerk its written acceptance thereof, wherein and whereby it shall accepl and approve of the terms and conditions thereof and expressly agree to abide by, carry out and fulfill all of tin- terms and requirements of this resolution; the form ami execution of said acceptance and undertaking to he approved by the Corporation Attorney, from which time the terms hereof shall constitute a binding contract between the City and said Company, its successors and assigns. This resolution shall take effeel and he in force from and after its passage, approval, publication and acceptance as above provided. !t 1(1 RESOLUTION OF COMMON COUNCIL. (Approved September 6, L905.) 2417. Whereas, the St. Paul City Railway Company has heretofore constructed, and is now operating" and maintaining double tracks on Maria avenue, between East Seventh street and Plum street, and Whereas, said track needs repairing and needs to be re- constructed and said pavement needs repair or relaying"; and Whereas, it will be to the advantage of said city to have -aid tracks relaid and reconstructed and to have said space between the rails of said street railway tracks on Maria ave- nue paved with granite, and AYhereas, said the St. Paul City Railway Company is de- sirous of relaying and reconstructing said track between said East Seventh street and Plum street, on Maria avenue, and is desirous of paving of granite blocks, 2418. Xow. therefore, be it resolved, by the City of St. Paul that said the St. Paul City Railway Company, its successors and assigns, are hereby authorized and permitted to lav be- tween the points above named, and between the rails and tracks, the granite block paving, and that said granite block paving when so laid, shall be deemed to be a compliance with the terms and conditions of the ordinances of the City of St. Paul relating to the pavement of that portion of the street be- tween the tracks and rails of said street railway company. Provided, however, that the said granite block paving shall be laid in a workmanlike manner and under the direction and subject to the approval of the city engineer of the City of St. Paul; and when such paving is so laid, then and in that event, the same shall be taken as and deemed to be a full com- pliance on the part of said the St. Paul City Railway Com- pany, with the terms and provisions of all the ordinances re- quiring said company to pave that portion of said Maria ave- nue lying between its tracks and rails, and said pavement shall be accepted by said city in lieu of the paving formerly or- dered and required by the ordinances of said city. PART V. RAILWAYS AND RAILWAY TRANSFER COMPANIES. BURLINGTON, CEDAR RAPIDS AND NORTHERN RAILWAY CO. OF IOWA. (Resolution of Council.) (Approved May 22, 1902.) 2419. Whereas, There was heretofore presented to the As- sembly of the City of St. Paul, one of the branches of the Com- mon Council of said City, the petition of the Burlington, Cedar Rapids & Northern Railway Company of Iowa, and of Thomas H. Brown, praying for the vacation of Eva street between East Fillmore avenue and the levee or Water street, being that por- tion of said Eva street between block four (4) and block five (5) of Marshall's Addition to West St. Paul, according to the recorded plat thereof on file in the office of the Register of I )eeds in and for Ramsey County, Minnesota, which said pe- ' tition was duly signed and verified as required by law and did duly set forth the facts and reasons for such vacation and was accompanied by a plat of the portion of said street proposed to be vacated: and, in said petition said petitioners did, among other reasons assigned for the vacation of said Eva street. aver that the same has never been used to an\ greal extent for public travel and would not be, even if said streel were graded or otherwise improved, and that said street extends only a few feet in a northerly direction beyond said levee or Water street, and the public will nol be seriously incon venienced by said proposed vacation; and thai said petitioners have acquired title to all the property abutting upon both sides of thai portion of said Eva streel proposed to be vacated and said Railwa) Compan) has purchased large tracts of land in the vicinity, for the express purpose of constructing thereon suitable and proper freighl terminals and other facilities for the operation of its railway, and said terminals were located with a view, among other purposes, of serving a large and in- creasing number of factories and other business enterprises which require the use of convenienl railway facilities; and said Railway Company, among other improvements, prop to construd a terminal freighl house upon portions of said blocks four ih and five (5) in said Mar-hall's Addition to West St. Paul and said freighl house will be of such dimen- !>1 I sions because of its length, thai it will be impossible to con- struct the same wholly within the limits of any one of the blocks which said Railway Company has acquired for its said terminal facilities, and that said company contemplates other- wise improving said premises and adapting the same to the needs and requirements of its business, by the construction of tracks, switches and approaches, and, without the vacation of said portion of Eva street, said improvements could not he properly and conveniently made; and. 2420. Whereas, The said Assembly, deeming it expedient that the matter therein referred to should be proceeded with, ordered said petition and accompanying plat to be filed of record in the office of the City Clerk of the City of St. Paul, and ordered said Clerk to give notice by publication in the official paper of the city, for four (4) successive weeks, at least once in each week, to the effect that said petition has been filed as aforesaid and setting forth in brief its object, and that said petition would be heard and considered by the committee on streets of said Assembly on that certain day and place in said notice to'be specified, not less than ten (1<») days after the publication of said notice in accordance with the require- ments of the charter of the City of St. Paul, in such case made and provided ; and, Thereupon, said petition and plat were duly filed in said office of said City Clerk and said notice was given and pub- lished as by law required, which said notice, in compliance with the charter of said City of St. Paul and in compliance with the resolution of said Assembly, did, among other things. specify that said petition would be heard and considered by the Committee on Streets of said Assembly on Monday, the 12th day of May, 1002, at the Council Chamber in the Court House and City Hall of said City of St. Paul, Minnesota, at four o'clock in the afternoon ; and, 2421. Whereas, Sai'cl Committee on Streets of said Assem- bly did meet at the Council Chamber in said City on the day and at the hour above specified for the hearing thereof, and did investigate and consider the matter of said proposed vacation and then and there heard all the testimonv and evidence ad- 945 duced on the part of the petitioners and other persons interest- ed in the matter of said proposed vacation, and heard and re- ceived the evidence and proof of the matters averred in said petition, and being of the opinion that the prayer of said pe- tition should be granted, and. having reported its conclusions to said Assembly, recommended the adoption of an appropri- ate resolution declaring said portion of Eva street vacated; now. therefore, be it 2422. Resolved. By the Common Council of the City of St. Paul, that all that part of Kva street between East Fillmore avenue and the levee, or Water street, being that portion of said Eva street which is situated between block four ( 1 ) and block five (5) of said Marshall's Addition to West St. Paul, be, and the same is hereby vacated; but subject, however, to the following conditions, viz: 2423. 1. That the said Burlington, Cedar Rapids & Northern Railway Company of Iowa shall (by written agree- ment to be executed by its proper officers and to be hied with the City Clerk of said City of St. Paul within thirty (30) days from the passage of this resolution) agree to improve ami pul in. first class condition for traffic with teams and vehicles, Eaton avenue between said levee, or Water street, and said Fillmore avenue. 2424. 2. Said petitioners shall pay into the treasury ^\ the City of St. Paul the sum of Fifteen Dollars ($15) which is hereby fixed as the compensation to he paid by them to the City in consideration of said vacation. (See abo "Rock fsland" ami "Chicago, Rock Island and I 'acilic." I 946 CHICAGO, BURLINGTON & NORTHERN RAILROAD COMPANY. Ordinance No. 622. (Approved February L8, ism;.) 2425. An Ordinance granting to the Chicago, Burlington & Northern Railroad Company authority to erect and maintain telegraph poles and string wires thereon within the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That authority is hereby granted to the Chicago, Burlington & Northern Railroad Company to erect and main- tain telegraph poles and string wires thereon from a point at the westerly end of the eastermost freight house of the Chi- cago, Milwaukee & St. Paul Railway Company, either along the levee and along Bench and Robert streets, or on such other route as may be designated by the city engineer and chief of fire department, to the general offices of said com- pany in the German-American Bank Building; and also to ereel and maintain telegraph poles and string wires thereon upon such streets and alleys within said city as shall be desig- nated for the purpose by the city engineer, the chief of the fire department and the chairman of the committee of police of the common council of said city. 2426. Sec. 2. All poles erected under this ordinance shall be planed and painted, and they shall be <^i such size and shall laced at such point on the margin of the sidewalk as b( designated by the city engineer and the chief of the fire de- partment, and they shall be erected and said wires Strung thereon under the supervision and subject to the inspection and ci >ntr< '1 < >f the said i ifficers. 2427. Sec. 3 Whenever any street on which any poles have been set under this ordinance shall be graded or paved, the said company shall, whenever required by the city engi- neer, reset said poles at its own cost and so as to conform to the street as reo instructed. 947 2428. Sec. 4. All the proceedings of said company under this ordinance shall be subject to any ordinance respecting the laying of telegraph wins, either above or underground, within the City of St. Paul which now exists or may hereafter be passed by the common council. Sec. 5. This ordinance shall take effect ami be in force from and after its passage. CHICAGO GREAT WESTERN. Ordinance No. 2006. (Approved September 2, 1898.) 2429. An Ordinance granting, to the Chicago Great West- ern railway, the use of a certain part of the public levee of the City of St. Paul for railroad facilities upon the terms and conditions herein specified. The Common Council of the City of St. Paul do ordain as fi »11< iws : I. That permission and authorit} is hereby given to tin' Chicago Greal Western Railway company, its suo sors or assigns, to construct, maintain and operate for the period of ten I L0) years from the passage of this ordinance a r station for the accommodation of the public on the publii levee of the City of St. Paul immediatel) west of the freigh1 depol of the Diamond Jo Line of Steamers. 2430. Sec. 2. The said* grantee above named, its sin igns shall pay to the City "i" St. Paul as compen sation and rental for the privileges so granted th< five dollai 00) per annum, payable annuall) in for and during the time In r< Red. 2431. Sec. 3. Said pi and operated as nol to interfere with the publii il the drivewa) at said point, and no rights acquired under the nance shall be transferred to any other person, companj oi corporation unless il nsenl of the Common Council shall firsl be obi a ined. 948 2432. Sec. 1. Said grantee shall file with the Clerk within thirty (30) days utter the publication of this ordinance its ac- ceptance of the provisions therein, the same to be approved by the Corporation Attorney. 2433. Sec. 5. This ordinance shall take effect and be in fi ,rce Fn »m and after its publication. Ordinance No. 2052. i Approved May 29, 1890.) 2434. An Ordinance authorizing the Chicago Great West- ern Railway Company to construct, maintain and operate a spur track in the Sixth ward of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That authority and permission is hereby given and granted the Chicago Great Western Railway Company to construct, maintain and operate an extension of its so-called meat house spur track, near the corner of Chicago and Starkey streets, in the Sixth ward of the City of St. Paul, along the west side of Starkey street, the center line of said extension to he fourteen feet (14) easterly of and parallel with the center line of the present easterly main track of said company, and to extend to a point opposite the alley in Block ITS, thence across Starkey street and Fairfield avenue, to and along the easterly side of Starkey street in front of Block 174. now oc- cupied as a manufacturing site by C. A. Stickney. Said track shall correspond with the established grades of said streets, and the construction thereof shall be satisfactory to the Engi- neer of said city. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication. 949 Ordinance No. 2087. (Approved I )ecember 20, L899. 1 2435. An Ordinance to authorize the Chicago Great West- ern Railway Company to erect telegraph poles on certain streets in the city limits of the City of St. Paul and maintain and operate its telegraph line thereon. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That the authority is hereby granted to the Chi- cago Great Western Railway Company to erect and maintain telegraph poles and to string wires thereon on the southerly side of Indiana avenue, between the main line of said railway company on Starkey street and the freight depot of said com- pany on South Robert street, in said city. The authority. right and permission herein and hereby granted to be vested only in the grantee herein named, and not to be subject to assignment except with the approval of the Common Council of the City of St. Paul. 2436. Sec. 2. All poles erected under this ordinance shall be painted and designed and otherwise approved by the City Engineer of said city, and shall be placed at such points on the margin of the sidewalks as shall be designated by the City Engineer, and shall be erected and said wires strung thereon under the supervision and under the direction and control of said City Engineer. 2437. Sec. '■'>. When so ordered by the Common Council the Chicago Greal Western Railway Compan) shall remove said poles and wires within sixty (60) days from the date of 3aid < »rder. See. 1. This ordinance shall be in force from and after its passage. 950 Ordinance No. 2271. (Approved .March 36, 1902.) 2438. An Ordinance granting to the Chicago Great West- ern Railway Company the right to construct, main- tain and operate railway tracks over and across and along certain alleys in the City of St. Paul, Minne- sota. The Common Council of the City of St. Paul do ordain as follows : Sec: 1. The City of St. Paul hereby grants to the Chicago Great Western Railway Company, its successors and assigns, the right to construct, maintain and operate one or more tracks, not to exceed three, across any one street, together with the necessary turn-outs and cross-overs, over and across and along the following named alleys in said city, viz : Mor- rison street, Plato avenue, East Chicago avenue. East Indiana avenue, East Fairfield avenue. East Fillmore avenue, the alley between block one (IV. of Eaton and Morrison's addition in Custer street addition, the alleys in Custer Street Addition and the alley in blocks nineteen (19), fourteen (14), eleven I'll) and six (6), of Bazille and Robert's addition to West St. Paul, all according to the plats of said additions on file and of record in the office of the Register of Deeds of Ramsey County, Minnesota. Provided, however, that nothing herein contained shall be held to take away or abridge the power of the city to regulate the use of said street crossings, or abridge or modify any state law regulating the care, construction and management of rail- road crossings; and, Provided, however, that the grades of said tracks shall be on the same grade as the present established grades of said streets and alleys. The track hereby authorized to be con- structed shall be put in under the direction of the Commis- sioner of Public Works of the City of St. Paul and in such manner as he shall direct, and said tracks shall be so con- structed that the rails thereof shall not be higher than the top of the surface of the ground, and said Company, when- ever required by the Commissioner of Public AYorks, or di- 951 rected so to do by the Common Council, shall plank or pave with such material and in such manner as it shall be directed, the space lying between the rails of said track and for a space of at least two (2) feet outside of each rail of said tracks, and keep and maintain the same in proper condition. 2439. Sec. 2. The rights hereby granted may be revoked or annulled, and said tracks ordered removed by the Common Council whenever the public necessity shall so require in which case all right and authority of said Company to main- tain said tracks shall cease and determine and said Company shall thereupon and within ninety (90) days after the service upon it of a copy of the resolution or ordinance directing such removal, take up and remove said tracks and restore the premises from which they shall be so removed to the same condition as the surrounding portion of said streets and alleys, and shall put the same in suitable and proper condition for public travel thereon. Said Chicago Great Western Railway Company shall at all times indemnify and save harmless the City of St. Paul from any and all claims for damages on ac- count of any injury to persons or property sustained by any person, firm or corporation in consequence of the construction, maintenance and operation of said tracks and shall reimburse said city for all sums which it may be required to pay as dam- age-, or as COSts or expenses in defending against such claims. 2440. Sre provided. Ordinance No. 2397. i Approved September I '• . L903. i 2444. An Ordinance granting to the Chicago Great West- ern Railway Company the right to construct, main- tain and operate railway tracks over and across certain streets and on certain alleys, jn the City of St. Paul, Minnesota. The Common Council oi the City o\ Si. Paul do ordain i follow - : Sic. i. Permission i- hereb) granted to the Chicago ('.rcat Western Railway Company, its successors and assigns, 954 to construct, maintain and operate one or more railway tracks, not exceeding three (3), together with the necessary turnouts and crossovers over and across the following named streets and on the following described alleys in the City of St. Paul, Minnesota, namely: Robert court formerly Wright street, Morrison avenue, Plato avenue. East Chicago avenue. East Indiana avenue. East Fairfield avenue, East Fillmore avenue, and the alleys in blocks twenty-three (23), eighteen (18), fifteen (15), ten (10), and seven (7) of Bazille and Rob- ert's addition to West St. Paul. Provided, however, that noth- ing herein contained shall be construed to take away or abridge the power of the city to regulate the use of the said street crossings, or abridge or modify any state law regulat- ing the care, construction and management of railroad cross- ings, and Provided, however, that the grades of said tracks shall be on the same grades as the present established grades of said streets and alleys, and that the tracks hereby authorized to be constructed shall be put in under the direction of the Commis- sioner of Public Works of the City of St. Paul in such manner as he shall direct, and the rails thereof shall not be higher than the top of the surface of the ground, and said Railway Company whenever required by the Commissioner of Public Works, or directed so to do by the Common Council shall plank in such manner as shall be directed, the space lying be- tween the rails of said track and for a space of at least two (2) feet outside of each rail of said tracks, and keep and maintain the same in proper condition. Provided, further, that the authority and permission here- by granted is upon the further condition that when any paving shall be ordered by the Common Council upon any street up- on, along or across which the tracks hereby authorized are laid, the said Railway Company shall in like manner and with like materials, at its own cost and expense, pave such parts of any and all such streets as may lie between the rails of each track and between the lines of double tracks, and for a space of eighteen inches, on either side, outside of its track or tracks, where such paving may have been ordered as afore- said, and in case said Company shall, after being ordered so to 955 do by the Common Council, neglect for the space of thirty days to lay and construct such paving, then the same may be done under the direction of the City of St. Paul, at the ex- pense of the said Railway Company, and the amount of said expense ami the cost thereof shall be assessed by the proper authorities of said city against property of private individuals, and the amount, assessed against shall also be a personal obli- gation of said Company and shall be chargeable to and shall be paid by it. The authority and permission hereby granted is upon the further condition that any and all real property now or hereafter owned by said Chicago Great Western Railway Company, and abutting upon that portion of any of the streets or alleys upon or along which the track or tracks herein au- thorized shall be laid, shall be liable to the lien of local im- provement assessments, and may lie assessed for its proportion of the cost and expense of any and all local improvements to the same extent and with "like effect as if such property were owned by a private individual until said tracks are ordered removed by the Common Council. 2445. Sec 2. The rights hereby granted may be revoked or annulled and said tracks ordered removed by the Common Council whenever in its judgment the public necessity shall si require, and in the evenl of Mich revocation and annulment all ri^hl and authority of said Railway Company to maintain -aid tracks shall cease and determine, and -aid Railway Com pany shall thereupon and within ninet) (90) days after the service upon it of a copy of the resolution or ordinance direel ing such removal, take up and remove said track-. The said Railway Company shall at all times indemnify and save harm •he City of Si. Paul from any ami all claims for dam. on account of any injur) to persons or propertj sustained in consequence of the construction, maintenance and operation of -aid track-, and reimburse Said City for all sums which it may he required to pay a- damages, ami for cost- and ex- p< nses'in defending any such claims. 2446. Sec. 3. The Chicago Greal Western Railway Com- pany -hall within thirty (30) days aftei the passage and pub 956 lication of this ordinance file with the City Clerk in the City Paul. it> written acceptance thereof; otherwise this ordi- nance shall have no force or effect. Sec. I. This ordinance shall take effect and be in forci from and after its passage, publication and acceptance, as hereinbefi ire provided. Ordinance No. 2398. (Approved September 17, 1 ( .»03.) 2447. An Ordinance granting to the Chicago Great West- ern Railway Company the right to construct, main- tain and operate railway tracks over and across certain streets and across and along certain alleys in the City of St. Paul, Minnesota. 'The Common Council of the City of St. Paul do ordain as follows : Sec. 1. The City of St. Paul hereby grants to the Chicago Great Western Railway Company, its successors and assigns, the right to construct, maintain and operate one (1) or more railway tracks (not to exceed three), together with the neces- sary turnouts and crossovers and across the following named streets and across and along the following named alleys in ■-aid City of St. Paul, namely: Custer street, Starkey street, Channel street, Plato avenue, Chicago avenue and Fillmore avenue, Indiana avenue, and Fairfield avenue, and the alleys in Block one hundred sixty-eight ( 168) of West St. Paul Proper, and in blocks one hundred sixty-eight (168), one hun- dred sixty-nine (169), one hundred seventy-eight (ITS), and one hundred seventy-seven (177) of Robertson's Addition to A\ est St. Paul, all according to plats thereof on file and on record in the office of the Register of Deeds, of Ramsey County. Minnesota. Said tracks shall cross Custer street and Starkey street from block four (4) to block six (6) of West St. Paul Proper, and Channel street from block six (6) •lock one hundred sixty-eight (168) of said West St. Paul I 'p >per. Provided, however, that nothing herein contained shall be construed to take away or abridge the power of the City to regulate the use of said street crossing or abridge or modify any state law regulating the care, construction and manage- ment of railroad crossings, and Provided, however, that the grades of said tracks shall be on the same grades as the present established grades of said streets and alleys, and that the tracks hereby authorized to be constructed shall be put in under the direction of the com- missioner of Public Works of said City of St. Paul, and in such manner as he shall direct, and the rails thereof shall not be higher than the top of the surface of the ground, and said Company whenever recpiired by the Commissioner of Public Works or directed so to do by the Common Council shall piank in such manner as shall be directed the space lying be- tween the rails of said tracks and for a space of at least two i V i feet outside of each rail of said tracks and keep and main- tain the same- in proper condition, and Provided, further, that the authority and permission here- b) granted is upon the further condition that when any paving shall be ordered by the Common Council upon any street up- on, along or across which the track's hereby authorized are laid, the said Railway Company shall in like manner and with like material, at it- own cost and expense, pave such parts of any ami all snch streets a-- may lie between the rails of each track ami between the lines of double tracks, and For a space of eighteen inches, on either side, outside of its track or track-. where such paving may have been ordered a- aforesaid, ami in -aid Company shall, after being ordered so to do by the nor Council, neglecl for tin- space of thirt) days to lay and construcl such paving, then the same may be done under the direction of the City of Si. Paul at the expense of -aid Railway Company, and the amounl of said expense ami the thereof -hall be I b) the proper authorities of -aid City, againsl the propert) of -aid Company, upon like notice and in like manner, a- if the same were to b, d againsl propert) of private individuals, and the amount so assessed shall also be a personal obligation of -aid Compan) and shall be chargeable to and -hall be paid by it. The authority ami permission hereb) granted is upon the further condition that an) am! all real propert) nov 01 lien 958 after owned 1>\ said Chicago Great Western Railway Com- pany, and abutting upon thai portion of any of the streets or alleys upon or along which the track or tracks herein author- shall be laid, shall be liable to the lien of local improve- ment assessments, and may be assessed for its proportions of the cost and expense of any and all local improvements to the same extent and with like effect as if such property were owned by a private individual, until said tracks shall be or- dered removed by the Common Council as herein provided. 2448. Sec. 2. The rights hereby granted may be revoked or annulled and said tracks ordered removed by the Common Council whenever it shall be of the opinion that public neces- sity shall so require, and in the event of such revocation and annulment, all right and authority of the said Company to maintain said tracks shall cease and determine and said Corn- shall thereupon and within ninety (90) days after the service upon it of a copy of the resolution or ordinance direct- itch removal, take up and remove said tracks. The said Chicago Great Western Railway Company shall at all times indemnify and save harmless the City of St. Paul from any and all claims for damages on account of any injury to persons or rty sustained by any person, firm or corporation in con- sequence of the construction, maintenance, operation and re- moval of said tracks, and reimburse said City for all sums which it may be required to pay as damages and for costs and expenses in defending any such claims. 2449. Sec. 3. The Chicago Great Western Railway Corn- pan}- shall within thirty (30) days after the passage and pub- lication of this ordinance, file with the City Clerk in the City of St. Paul, its written acceptance thereof; otherwise this ordi- nance shall have no force or effect. Sec. 4. This ordinance shall take effect and be in force from and after its passage and publication and acceptance as hereinbefore provided. ! I.V.I CHICAGO, MILWAUKEE & ST. PAUL RAILROAD COMPANY. Ordinance No. 1083. i Passed December 18, 1888.) 2450. An Ordinance permitting the Chicago, Milwaukee & St. Paul Railroad Company to construct a railroad track across Chestnut street as herein specified, and to repeal ordinance No. 1054. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Permission is hereby given and granted unto the Chicago, Milwaukee & St. Paul Railroad Company to con- struct, maintain and operate a railroad track over and across Chestnut street in the City of St. Paul, at a point within forty ( in i feet of the northerly line of lots numbered eight (8), nine f.'i. and ten (10) of block forty-six (hi) of Rice & trvine's Addition to St. Paul, extended across said Chestnul street, such crossing to be made upon the present grade line of said Chestnut street at the point and place of crossing. 2451. Sec. 2, Said track where it crosses said Chestnut street shall not he used For the storage of cars, ami no car shall remain upon said Chestnul street for a longer period than two i 2 ) minutes. Provided, however, thai this authority is by given and granted to said Chicago, Milwaukee & St. Paul Railroad Company upon the express condition that said company shall replace the pavemenl upon lid Chestnut street in like ■ d repair and condition as the same now is, and at all time- during the continuance of their railroad tracks hereby authorized shall and will keep ^ ; , i , l pavement thereon in the same o mdit ion. 2452. Sec. 3 That the -aid track shall be constructed and completed and m operation within sixtj (60) days from the nid publical ion of tin- i ordinance. I. The common council '>i the Cit) of St. Paul re es the right to order said tra< I d Chestnut street taken up and removed at an) time upon giving sixty (60) 960 - notice to said Chicago, Milwaukee & St. Paul Railroad npany. 2453. Sec. 5. That ordinance number ten hundred and fifty-four (1054), entitled "Permitting the National Lumber Company to construct a railroad track across Chestnut street as herein specified," be and the same is hereby repealed. 2454. Sec. 6. The common council of the City of St. Paul reserves the right to repeal this ordinance at any time. Sec. 7. This ordinance shall take effect and be in force from and after its passage. Ordinance No. 1827. (Approved July 18, 1895.) 2455. An Ordinance permitting the Chicago, Milwaukee & St. Paul Railroad Company to construct, maintain and operate a side track in St. Paul, Minnesota, over and across Cleveland avenue and along Gil- bert street, from and between a point on the south- erly line of its right of way east of said Cleveland avenue, and a line six hundred and fifty (650) feet west of and parallel with said Cleveland avenue, and drawn north and south across said Gilbert street. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Permission is hereby given and granted unto the Chicago. Milwaukee & St. Paul Railroad Company to con- struct, maintain, and operate a side track in St. Paul. Minne- sota, over and across Cleveland avenue and over and along Gilbert street, in Merriam Park, fourth (4th) addition to St. Paul, from and between a point on the southerly line of its right of way east of said Cleveland avenue, and a line six hundred and fifty (650) feet west of and parallel with said Cleveland avenue, and drawn north and south across said Gil- bert street. Said track shall be constructed, maintained and operated upon the present grade of said avenue and street or such other grade as the city council of St. Paul mav hereafter 961 establish for said avenue and street. Said railway company shall hold said St. Paul harmless against all damages 1>\ reas< in hereof. 2456. See. 2. Said track, where it crosses said Cleveland avenue, shall not be used for the storage of cars, and no car shall remain upon said Cleveland avenue on said side track for a longer period than five (5) minutes. Said track, where it crosses said Cleveland avenue, shall be thoroughly planked from gutter to gutter between the rails, and for at least one ( 1 ) foot outside of each rail. I As amended by < )rd. L836, Sept. 5th, 1895, § 1. I 2457. Sec. 3. Before said railway company shall construct or operate said track on said Gilbert street it shall obtain per mission in writing so to do of the owners of the lol or lots facing on that portion of said Gilbert street, in Eronl of which lol or lots it may desire to construct and operate its said track ; provided, the city council of the City of St. Paul reserves the right, whenever it shall be of the opinion the public interests so require, by a majority vote of all members elect, to cause said side track to be removed upon ninety (90) days' notice so to d< ». 2458. Sec. I. Said Railway Company shall, within sixty (60) day- after the publication of this ordinance, file with the cit\ clerk of St. Paul its written acceptance of the terms and provisions hereof, and in the event of its failing so to do this ordinance shall be void. Sec. 5. This ordinance shall take effecl and be in force fn »m and after it - publical i( >n. Ordinance No. 1981. i Approved May 9, L898. i 2459. An Ordinance to adjust certain existing controver- sies between the City of St. Paul and the Chicago, Milwaukee & St. Paul Railway Company. Whereas, Certain controversies have heretofori between the City of St. Paul and the Chii ago, Milwaukee and St. Paul Railway Company relative to the respective righl ol 962 said city and of said company in and to certain lands situated in said City of St. l'anl. and known as the public levee of said city, upon the northerly bank of the Mississippi river, between the northeasterly line of Sibley street and the southwesterly line of Kittson's Addition to said city, and also relative to the respective rights of said city and said company in and to cer- tain land in said City known as Broadway street; and actions being now pending in the District Court of Ramsey County, Minnesota, to determine the respective rights of said city and said company in and to the said several parcels of land in which actions both said city and said company are parties; and. Whereas, It is now the mutual desire of said city and said company to compromise and settle the existing controversies between said city and said company concerning the said so- called levee and the said so-called Broadway street, upon the conditions hereinafter in this ordinance specified : and. Whereas, The right of way and the tracks of said com- pany intersect Summit avenue, in said City of St. Paul, below the grade of said avenue, and said railway company is under obligations to construct and maintain over its said right of way. where the same intersects said avenue, a bridge or via- duct of such character and dimensions as shall be reasonably necessary to accommodate the public travel on said avenue, and to that end it is considered proper and necessary that said cc mpany should replace the present bridge over said right of way with a new and more substantial structure, and it is the mutual desire of said city and said company that the character and dimensions of said new structure should be agreed upon ; 2460. Now, therefore, for the purpose of compromising all such matters, the Common Council of the City of St. Paul do ordain as follows : Sec. 1. In consideration of the rent hereinafter reserved. the Chicago, Milwaukee & St. Paul Railway Company is here- by authorized and empowered to maintain and use for the term of fifteen (15) years, from January 1, 1898, its two freight houses, now used by said company, upon the northerly bank of the Mississippi river northeasterly of the northeasterly line of Sibley street, in said city; that is to say, said company 963 is authorized and empowered to maintain and use its brick freight house, upon the land now occupied by said brick freight house, which land is situated in said City of St. Paul, in the County of Ramsey and state of .Minnesota, and is bounded and described as follows: Beginning at a point on the northeasterly line of Sibley street seventy-five (75) feet southeasterly from the southwesl corner of block number twenty-nine ('-"•») of St. Paul Proper; thence northeasterly three hundred sixt) (360) feet to a point perpendicularly distant seventy-eight i b s > feet from the south- easterly line of said block number twenty-nine (29), pro duced northeasterly : thence southeasterly at right angles to the immediately preceding" course fifty (50) feet ; and thence southwesterly at right angles to the last named course to the northeasterly line of Sibley street; thence northwesterly fifty (50) feet, more or less, to the point of beginning. And said company is so authorized and empowered to maintain and use its other freight house upon the land now occupied by such other freight house, which last mentioned land is situated in said city, and. so far as in controversy, is bounded and described as follows: Beginning at a point on the northeasterly line of Broad way street produced southeasterly, four hundred sixteen i L16) southeasterly from the northwesterl) line of block num- ber four i I ). of Hopkin's Addition to St. Paul, produced north- erly; thence southwesterly, three hundred fift) (350) feel to a point perpendicularly distant four hundred five i I 11 "') feet from the northwesterly line of block number three (3) of said fiopkin's Addition ; th erl) at right angles to the immediately preceding course, fift) three (53) feet; thence northeasterly three hundred fift) (350) feet more or less to the northeasterl) line of Broadway street, produced south erly; thence northwesterl) on said northeasterl) hue of Broadwa) street, to the point of beginning. 2461. Said railwa) compan) is further authorized and em- ered for and during said term of fifteen (15) years, to maintain, use and operate it-- prevent railrpad tracks adja lid freighl hoi h hi ius< and the Mississippi river and northeasterly of Sibley street, to be onl) for the operation of cars to, From and alongside of said freight houses respectively, in and for the purpose of loading and unloading freight ; but the right so to maintain, use and operate said tracks is so granted upon the express condition that if the Cit) of St. Paul shall construct, or by ordinance per- mit other persons or corporations to construct wharves along the northerly hank of said river, easterly of the northeasterly line of Sibley street, for the purpose of furnishing a landing place tor boats and vessels navigating, the Mississippi river, the said railway company shall, when requested by said city so to do, so arrange such tracks as to afford a convenient pass- ageway to and for individuals, teams and wagons, between such wharves and the unoccupied portion of the public levee lying between the northeasterly line of said Sibley street and the southwesterly line of said Kittson's Addition, which pass- ageway shall be made between the said freight houses as now located and constructed at such point, and in such manner as the City Engineer of the City of St. Paul shall direct. Said railway company is further hereby authorized, em- powered and required to remove said freight houses and the tracks last mentioned from, and vacate, the granted premises, within ninety (90) days from and after the expiration of the term hereby granted, paying proportionate rent for the ac- tual time in such removal consumed after such expiration. 2462. Sec. '-i. The permission and authority granted by this ordinance are upon the express agreement and under- standing, that the said railway company shall comply with the following conditions, to-wit : 2483. First — The said railway company shall pay to said City of St. Paul as rent for the use of hereinabove bounded and described lands, and for the right to maintain and operate said tracks., the sum of five hundred ($500) dollars per annum for and during said term ; which rent shall be paid annually, in advance, at the office of the City Treasurer of said city, on or before the tenth day of January, of each and every year, dur- ing said term, except that the rent for the year 1898 shall be paid within ninety (90) days after the publication of this ordi- nance. 965 2164. Second — Said railway company shall not, during said term, use said premises for any purpose except the receipt, storage and delivery of freight by said company, in connec- tion with its business as a common carrier, and for the offices of its local officers and agents, and said company shall not sub-let any portion of said premises, or assign any rights hereby granted. 2465. Third — Said railway company shall consent to the entry of judgment in that certain action commenced by filing the complaint March 24, A. I). L887, in the office of the Clerk of the District Court of Ramsey County. State of Minnes wherein the City of St. Paul is plaintiff and the said railway company is the defendant, and which action was brought to recover possession from said company of the Eollowing de- scribed parcel of land situated in said city, to-wit: All that parcel of land beginning at the southeast corner of l..t number six (('»). of block number four i I) of Eiopkin's Addition to St. Paul, according to the plat of said addition re corded in the office of the Register of Deeds of said Ramse} County on the nineteenth day of June, A. I). 1854; thence nding westward in a continuous line along the south line of blocks Eour (4) and three (3) of said Hopkin's Addition and across Rosabel street and Wacouta streel to the west line of '.aid Wacouta street; thence southerly on the said west line of -aid Wacouta street produced, to the Mississippi river; thence easterly along the -aid Mississippi river to the westerly line of Broadway street produced; thence northerl) along the said westerly line of -aid Broadway streel to the place of beginning : In and by which judgment it -hall be adjudged and de- creed that all said premises have been dul\ dedicated to public Use a- a public levee and landing, and that said city have and recover the possession of all thereof lying southeasterly of the ground occupied b\ and in the usual operation ''I the two i northerly tracks of said railway company across said premises; which last mentioned tracl pari of the con nection required by chapter 93, of the Special Laws of 1872; such judgmenl shall be without costs or disbursements, but 966 in other respects in such form as shall he approved by the O >rporation Attorney. 2466. Fourth — The said railway company shall also con- sent to entry of judgment in that certain other action com- menced by the service of the summons and complaint on the defendant of January 2, A. 1). 1891, wherein said city is the plaintiff and said railway company is defendant: which last mentioned action is now pending" in said District Court, and was brought to recover possession from said company of parcel of land sitttated in said city, described and bounded as follows, to-wit : Commencing at the intersection of the northwest bank of the Mississippi river, in the City of St. Paul, Minnesota, with the east line of Sibley street, in said city, as the same exists in St. Paul Proper, if extended southerly to said Mis- sissippi river, and thence northerly along said east line of said Sibley street extended as aforesaid one hundred twenty (120) feet ; thence easterly at right angles with said east line of Sib- ley street, extended as aforesaid, to an intersection with the east line of Wacouta street, as the same exists between St. Paul Proper and Hopkin's Addition, in said city, extended southerly along said east line of Wacouta street, extended as aforesaid, to the northwest bank of the said Mississippi river, and thence along said bank of said river to the place of be- ginning. In and by last mentioned judgment it shall be adjudged and decreed that as between the City of St. Paul and said railway company, said city is the owner in fee simple of all that portion of land sought to be recovered in the last men- tioned action, which lies southwesterly of the southwesterly line of "Wacouta street, considered as produced to the river, and southeasterly of the lands and property of the St. Paul Union Depot Company; and that said city have and recover of said railway company the possession of so much of the last- ly described portion of such land as lies southeasterly of the ground occupied by, or in the usual operation of, the two most northerly tracks of said railway company upon the prem- in suit and adjacent to the northern boundary thereof: which last mentioned tracks are part of the connection re- 967 quired by said act of 1872; which last aforesaid judgment shall be without costs or disbursements, but in other respects in such form as shall be approved by the Corporation Attorney. 2467. Fifth— The said railway company shall, as to itseff, consent to the entry of judgment in that certain other action pending in said District Court, wherein the city is plaintiff and the St. Paul Union Depot company and said railway com- pany are defendants and wherein the summons and complaint were served on said railway company on July 25, A. D.1893, and which last mentioned action was brought to recover pos- session of the southeast four hundred (400) feet of the parcel of land situate in said city, county and state, and described and bounded as follows, to-wit: Commencing at the most southerly corner of block num- ber sixty-one (61) of Kittson's Addition to the City of St. Paul, in the City of St. Paul, Minnesota; thence running southeasterly on the northeasterly line of Broadway streel in the City of St. Paul to the Mississippi river; thence southwest- erly and at right angles with said Broadway street eighty (80) feet southwesterly and at right angles from the point of begin- ning; thence northeasterly in a straight line to the place oi beginning ; In and by the terms of which last mentioned judgment, ii shall be adjudged and decreed, as againsl said railway com- pany, thai said Broadway street exists as a lawful street of the said city, eighty <' s, n feel in width, southeaster^ from the lands claimed and occupied by the said St. Paul Union Depol Company, and to the Mississippi river; the northeasl erly line of which streel is the southwesterly line of block eight) (80) ol Kittson's Addition to the Citj of St. Paul, according to the recorded plat thereof on file in the offia the Register of Deeds of said Ran I surveyed by lann- \. Case; and that said city have and recover of said railway company the ]■ ion of aid land, subject. hOWi f< the perpetual righl of said railway compan) to maintain and operate acros aid streel its two mo I northerly tracks lying southerl) of s ;d'l lands claimed and occupied by said Union Depol Company, which lasl mentioned track* are part of the connection required b} aid acl of L872; which lasl 968 mentioned judgment shall be without costs or disbursements but in other respects in such form as shall be approved by the C< irporation Attorne) . 2468. Sixth—The said Chicago, Milwaukee & St. Paul Rail- way Company shall execute and deliver to the City of St. Paul a satisfaction of the judgment for cost rendered in favor aid company and against the city in the Supreme Court of the State of Minnesota, on November 20, 1896, for the sum of nine hundred and fifty-one and 69-100 dollars ($951.69) upon the appeal of said company from an order of said District Court, in the action first hereinbefore referred to. 2469. Sec. •'!. The said Chicago, Milwaukee & St. Paul Railway Company shall at once commence, and on or before the first day of September, 1898, shall complete the construc- tion of a steel plate girder bridge one hundred (100) feet in width over its right of way where the same intersects Summit avenue in said City of St. Paul, including the necessary abut- ments and approaches thereto, the roadway of said bridge to be seventy (70) feet in width, paved with asphaltum laid on buckle-plates, and to contain a sidewalk fifteen ( 15 ) feet in width on either side of said roadway, with plank flooring. Said bridge to be constructed according to a plan prepared by the City Engineer of said City of St. Paul, in October, 189(1, and heretofore submitted to said railway company, and now on hie in the office of said City Engineer, and upon suitable specifications to be submitted to and approved by said City Engineer. Said structure to be properly painted, maintained and kept in repair by said railway company. 2470. Sec. 1. The Chicago. Milwaukee & St. Paul Rail- way Company shall execute and, within twenty (20) days alter the passage and publication of this ordinance, file with the City Clerk of the City of St. Paul, its written acceptance hereof, agreeing to comply with all its terms and conditions ; which acceptance shall be in such form as shall be approved by the Corporation Attorney; which acceptance shall include a tormal surrender of the possession of all parts of the premises heretofore in controversy the use of which is not hereinbefore granted to said railway company, and an agreement to re- 969 in ove and vacate as required in the last paragraph of section l hereof; and the Corporation Attorney is hereby authorized and instructed, upon such filing of such acceptance, to stipu- late for judgment in the various actions hereinbefore men- tioned, upon the terms and conditions hereinbefore specified, and thereon to cause judgment to be entered accordingly in each acti< m. 2471. Sec. 5. 'Idle permission and authority given and granted by this ordinance is upon the further express under standing, that if the said railway company shall at an\ time neglect or fail to comply with any of the terms and conditions of this ordinance, or shall violate any of the provisions thereof, then the right of said company longer to maintain the freighi houses and track's specified in Section 1 of this ordinance shall cease, and said company shall thereupon, if thereto re- quired by direction of the Common Council, remove said freight houses and tracks from the parcels of land described .in section 1 of this ordinance, wherever the same are situated. Sec. ii. After the passage and publication of this ordi- nance it -hall take effect and he in force from and after such acceptance thereof as Specified in Section I hereof, and not mer. Ordinance No. 1986. i Approved June 8, 1898. ) 2472. An Ordinance to adjust certain existing controver- sies between the City of St. Paul and the Chicago. Milwaukee & St. Paul Railway Company. Whereas, certain controversies have heretofore arisen ''ii Hi'- City of St: Paul and the Chicago, Milwaukee & St. Paul Railwaj Company, relative to the respective rights ot -aid city and of said COmpan) m and to certain lands situ ated ill said City of St. Paul, and known as the public l( of said city, upon the northerly hank of the Mississippi river, between the northeasterl) line of Sibie) streel and the south westerly line of Kittson's Addition to said city, ami also rela live to the respective rights of said city and said company in and to certain land in said city known a Broadway Street; 970 and actions being now pending in the district court of Ramsey county, Minnesota, to determine the respective rights of said and said company in and to the said several parcels of land in which actions both said city and said company are parties : and Whereas, It is now the mutual desire of said city and said company to compromise and settle the existing controver- - 3 between said city and said company concerning the said so-called levee and the said so-called Broadway street upon the conditions hereinafter in this ordinance specified; and Whereas, the right of way and the tracks of said com- pany intersect Summit avenue, in said City of St. Paul, below the grade of the said avenue, and said railway company is un- der obligations to construct and maintain over its said right of way. where the same intersects said avenue, a bridge or via- duct of such character and dimensions as shall be reasonably necessary to accommodate the public travel on said avenue, and to that end it is considered proper and necessary that said company should replace the present bridge over said right of way with a new and more substantial structure, and it is the mutual desire of said city and said company that the character and dimensions of said new structure should be agreed upon; Xow, therefore, for the purpose of compromising all such matters, the Common Council of the City of St. Paul do ordain as follows : 2473. Sec. 1. In consideration of the rent hereinafter re- served, the Chicago, Milwaukee & St. Paul Railway Company is hereby authorized and empowered to maintain and use, for the term of fifteen i 15 i years, from January 1, 1898. its two Jit houses now used by said company upon the northerly bank of the Mississippi river, northeasterly of the northeast- erly line of Sibley street, in said city ; that is to say, said com- pany is authorized and empowered to maintain and use its brick freight house upon the land now occupied by said brick freight house, which land is situated in said City of St. Paul in the County of Ramsey and State of Minnesota, and is bounded and described as follows: Beginning at a point on the northeasterly line of Sibley street, seventy-five (75) feet southeasterly from the south- 97] west corner of block number twenty-nine (29), of St. Paul Proper; thence northeasterly three hundred sixty (360) feet to a point perpendicularly distant seventy-eight < 78) feet from the southeasterly line of said block number twenty-nine (29), produced northeasterly; thence southeasterly at right angles to the immediately preceding course, lift) (50) feet; and thence southwesterly, at right angles, to the last named course, to the northwesterly fifty (50) feet, more or less, to the point of beginning. And said company is so authorized and empowered to maintain and use its other freight house upon the land now oc- cupied by such other freight house, which last mentioned land i- situated in said city, and, so far as in controversy, is bound- ed and described as follows: Beginning at a point on the northeasterly line of Broad- way street produced southeasterly, four hundred sixteen I L16) feet southeasterly from the northwesterly line of block num- ber four i 1 ' of Hopkin's Addition to St. Paul produced north-: easterly; thence southwesterly, three hundred fifty (350) feet to a point perpendicularly distant four hundred five I L05) feet from the northwesterly line of block number three (3), of said Hopkin's Addition; thence southeasterly, at right angles to the immediately preceding course, fifty-three (53) feet; thence northeasterly three hundred fifty (350) feet, more or less, to the northeasterly line of Broadway streel produced southwesterly; thence northwesterly on said northeasterl} line of said Broadway street, to the point of beginning. 2474. Said railwa) compan) is further authorized and em powered, for and during said term of fifteen (15) years, to maintain, use and operate its presenl railroad tracks adjacent to said freighl houses, extending between such bouses and the Mississippi river and northeasterly of Sibley street, to be used only for the operation of cars to, from and alongside of said freighl houses respectively, in and for the purpose of loading and unloading freight; bul the right so to maintain, use and operate said tracks • ■ granted upon the express condition thai if the City of St. Paul shall construct, or 1>\ ordinance permil other persons or corporations to construct wharves along the northerly banl d river easterly of the north 972 easterly line of Sible) street, for the purpose of furnishing a landing place for boats and vessels navigating the Mississippi river, the said railway company shall, when requested by said city so to do, so arrange such tracks as to afford a convenient igeway to and fro, for individuals, teams and wagons, between such wharves and the unoccupied portion of the pub- lic levee lying between the northeasterly line of said Sibley street and the southwesterly line of said Kittson's Addition, which passageway shall be made between the said freight houses as now located and constructed at such point, and in such manner as the City Engineer of the City of St. Paul shall direct. Said railway company is further hereby authorized, em- powered and required to remove said freight houses and the tracks last mentioned from and vacate the granted premises, within ninety (90) days from and after the expiration of the term hereby granted, paying proportionate rent for the actual time in such removal consumed after such expiration. 2475. Sec. 2. The permission and authority granted by this ordinance are upon the express agreement and under- standing that the said railway company shall comply with the following conditions, to-wit : 2476. First — The said railway company shall pay to said City of St. Paul as rent for the use of the hereinabove bounded and described lands, and for the right to maintain and operate said tracks, the sum of five hundred ($500) dollars per an- num for and during said term ; which rent shall be paid an- nually, in advance, at the office of the City Treasurer of said city, on or before the tenth day of January of each and every year during said term, except that the rent for the year 1898 shall be paid within ninety (90) -days after the publication of this ordinance. 2477. Second — Said railway company shall not during said term use said premises for any purpose except the receipt. storage and delivery of freight by said company, in connec- tion with its business as a common carrier, and for the offices of its local officers and agents, and said company shall not sub- let any portion of said premises, or assign any rights hereby granted. 2478. Third — Said railway company shall consent to the entry of judgment in that certain action commenced by filing the complaint .March 24, A. 1). L887, in the office of the Clerk he District Court of Ramsey County, State of .Minnesota, wherein the City of St. Paul is plaintiff and the said railway company is defendant, and which action was brought to re- cover possession from said company of the following described parcel of land, situate in said city, to- wit : All that parcel of land beginning at the sontheast corner of lot number six ((i). of block number four ( 1 ). of Hopkin's Addition to St. Paid, according to the plat of said addition recorded in the office of the Register of Deeds of said Ramsey County on the 19th day of June, A. 1). 1854 ; thence extending westward in a continuous line along the south line of blocks four (4) and three (3) of said Hopkin's Addition, and across Rosabel street and Wacouta street to the west line of said Wacouta street : thence southerly on the said west line of said Wacouta street, produced, to the Mississippi river; thence easterly along said Mississippi river to the westerly line of Broadway street, produced; thence northerly along the said westerly line of said Broadway street to the place of begin- ning. In and by which judgment il shad he adjudged and de- I thai all said premises have been duly dedicated to pub- lic use a- a public levee and landing, anil that said cit) have and recover the possession of all thereof lying southeasterly of the ground occupied 1>\ and in usual operation of the two mosl northerl) tracks of said railwa) company across said premises; which lasl mentioned tracks are pari of the con nection required l>\ chapter D3 of Special Laws of 1872; such juclgmenl shall he withoul co ts or disbursements, hut in o respects in such form a- -hall be approved by the Corporation Atti »rne) . 2479. Fourth The ;iin therei >f. Ordinance No. 2040. i Appn ived April 8, L899. i 2492. An Ordinance further to extend a certain provision of Ordinance No. 1986, entitled "An ordinance to adjust certain existing controversies between the City of St. Paul and the Chicago, Milwaukee & St. Paul Railway Company." Whereas, the said ' Ordinance Mo. L986 originally required the completion of the Summit avenue bridge, so called, on or 980 before the 30th day of November, inks, and it was before that day deemed injudicious to construct the asphaltum pavement of said bridge during L898, and the time for the construction of such pavement was theretofore extended by Ordinance No. 2020 oi said city until the 15th day of April, 1899, upon certain conditions in the Ordinance last mentioned set forth which conditions have been duly fulfilled; and AYhereas, By reason of weather conditions and prospects, it is now deemed injudicious, with reference to the quality and durability of the work, to attempt construction of such pave- ment as soon as April, 15, 1899. Xow. therefore, the Common Council of the said City of St. Paul do ordain as follows : 2493. Sec. 1. In consideration of the premises and the time for the construction and completion of the asphaltum pavement of said Summit Avenue Bridge is hereby extended until the ^lst day inclusive of May, 1899, with the same effect in all respects as if the date last mentioned had in and by said Ordinance No. 1986 been in that behalf originally limited; and the extension hereby granted shall be without prejudice in any respect to any right or privilege granted to said Rail- way Company by said Ordinance No. 1986. Sec. 2. This ordinance shall be in force from and after the passage and publication thereof. Ordinance No. 2391. (Approved August 8, 1903.) 2494. An Ordinance permitting the Chicago, Milwaukee & St. Paul Railway Company to construct, maintain and operate a spur track across Chestnut street, as herein specified. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Permission is hereby given and granted unto the Chicago, Milwaukee & St. Paul Railway Company to con- struct, maintain and operate a spur track across Chestnut street, the center line of which spur track shall be located and run as follows : 981 Start at a point in the existing industry spur track, so called, of said Railway Company, in Block Forty-seven (47) of Rice & Irvine's Addition to St. Paul, about sixty-four (64) feet southwesterly from the southwesterly side line of said Chestnut street : thence run northeastwardly, to a point in said southwesterly side line, distant one hundred forty-one till) feet southeastwardly from the northeasterly corner of said Block; thence continuing' northeasterly across said Chestnut street, to a point in the northeasterly side line of said street distant one hundred and fifty-five (155) feet southeastwardly from the northeasterly corner of Block Forty-six I 16) in said Addition, thence continuing- northeastwardly, to the north- easterly side line of Lot Nine (9) in the Block last mentioned. 2495. See. 2. Said Chicago, Milwaukee & St. Paul Rail- way Company shall save said Cii\ of St. Paul harmless from and against all damages by reason hereof; and said Railway Company shall cause said track, where it crosses said street. to he thoroughly planked or paved between the rails, and maintained in proper repair, and For at leasl one foot outside thereof. 2496. Sec. :!. The Common Council of the Cit\ of St. Paul reserves the right to order said track across said street to he taken up and removed at any time, upon giving sixty (60) days' notice to said Railroad Company. Sec. I. This ordinance shall take effect and hi- in force from and after its passage. '.IS V Ordinance No. 2444. (Approved April 29, 1904.) 2497. An Ordinance to authorize the Chicago, Milwaukee and St. Paul Railway Company to construct, main- tain and operate certain side tracks upon the levee, across Jackson street, and in and along Second Street, upon compliance with certain requirements by Farwell, Ozmun, Kirk and Company, and to settle the case of Ann Thomas and others against the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That at the request of Farwell, Ozmun, Kirk and Company, but subject to the conditions hereinafter stated, permission and authority are hereby granted to the Chicago, Milwaukee & St. Paul Railway Company, to construct, main- tain and operate the following railway tracks, that is to say: 2498. First — A side-track to connect with the northerly side of the double main railway tracks in front of lot ten (10), block thirty (30), of St. Paul Proper, and thence running along and upon the levee to and across Jackson street, and through lot thirteen (13) of block thirty-one (31), St. Paul Proper; thence along and upon the northerly seventeen (1?) feet of Second street as far as the southwesterly side line of lot seven (7) in said block thirty-one (31) produced. 2499. Second — Another side-track, diverging from the one above described at the easterly curb line of Jackson street, run- ning thence northerly of said other track, across Jackson street to and into said block thirty-one (31) ; both of which tracks shall be constructed substantially as shown upon the blue print maj) attached to the petition of said Farwell, Ozmun, Kirk and Company, relating thereto, under date of February 15, 190], and on the file with the City Clerk. Said tracks may be constructed on a practical grade for operation, but shall not be so built or maintained as to en- danger or interfere with travel on Jackson street, and cars or engines shall not be stored or left standing in Jackson street. 983 2500. Sec. 2. That the permission and authority granted in Section one ( 1) of this ordinance are upon the express con- dition that said Farwell, Ozmun, Kirk & Company shall ful- fill and comply with the following requirements, viz: 2501. (1) Construct and complete a building upon said block thirty-one (31), within three years from the passage of this ordinance, to conform substantially to the description contained in their said petition and as shown on said map. 2502. Restore the surface and pavement of Jackson street in as good condition as the same was before laying said tracks, and plank or cause to be planked that portion of Jack- son street between the outer rails of said tracks and to the ends of the ties ontside thereof, on either side ; and at all times maintain and keep such planking in good repair. 2503. i '■'< i Rearrange and repair any catch-basins or nian- holes that may be interfered with by laying said tracks or do- in g said work. 2504. i I i Construct, as soon as said tracks arc laid, and maintain, a good and substantial masonry retaining wall along the southerly side of said track to lie laid in Second street, at as high as the surface of the street, with substantial iron guard railing on the top and outer edge thereof, of sufficienl heighl to protect travel on said street; tin- top of such retain- ing wall shall be so constructed as to provide a curb and gutter for drainage of water: all to be constructed under the plans and specifications to be prepared or approved 1>_\ tin- G missioner of Public Works. 2505. i 5 I Pave with sandstone, on n concrete foundation, in accordance with cit) specifications for similar paving, all the residue of the width of thai portion of Second street, and the roadway used in connection therewith, including the por- tion of lot thirteen < 13) mentioned in paragraph seven of this on, not already paved, between Jackson streel and the southwesterly side line of said Io1 seven (7) produced aci nd street, as soon as said tracks are laid and the retaining wall hereby authorized is constructed. 984 2506. (6) All of said work shall be done under the super- n ami to the satisfaction of the Commissioner of Public Works, and subject to all the provisions of the charter and ordinance- of said city now or hereafter in force, applicable thereto, and none of said streets shall be obstructed longer than is necessary to perform said work as speedily as possible. 2507. ' (7) That all that portion of lot thirteen (13) of Rundlett's Subdivision of lot one (1) of said block thirty-one (31), heretofore used under the proposal of said Railway Company, accepted by the Common Council resolution "Board File Xo. 9237," approved Oct. 21, 1898, shall remain open for public travel as heretofore, and as long as the tracks herein authorized are maintained unless the Common Council shall sooner require the removal of the spur track authorized by Ordinance 2011, approved September 22, 1898. 2508. (8) That said Farwell, Ozmun, Kirk & Company shall and will at all times keep all excavations and obstruc- tions in any of the said streets during the progress of said work, suitably guarded and protected at all times so as to prevent accident or injury to the persons or property of indi- viduals or corporations, and shall and will indemnify and save the city harmless from any and all -damage, claims, judg- ments, costs and expense that may in any way arise out of or be occasioned by the passage of this ordinance, or the exer- cise of any right thereunder, whether by act of omission or commission, and the recovery of any judgment against the city on account thereof shall be conclusive evidence of the right of the city to be reimbursed therefor, provided said Farwell, Ozmun, Kirk and Company shall have been notified of the pendency of the action in which the same was recovered, and shall have been notified of the pendency of the action in which the same was requested by the city to defend the same. 2509. (9) Said Farwell, Ozmun, Kirk & Company shall. within sixty (60) days after the approval of this ordinance, file with the City Clerk their written acceptance thereof in form to be approved by the Corporation Attorney, wherein they shall agree to abide by and perform all the terms and conditions hereof. 985 2510. Sec. ■">. That in consideration of the passage and ac- ceptance of this ordinance the Corporation Attorney is hereby authorized and directed to withdraw the answer interposed 1>\ the City of St. Paul in the action mentioned in said pe- tition of Farwell, Ozmun, Kirk & Company, wherein Ann Thomas and others are plaintiffs against the said city, now pending in the District Court of Ramse} County, and to stipulate on behalf of said city that the plaintiffs may have judgment in said action as prayed for in the complaint therein. See. I. This ordinance shall take effect and be in force from and after its passage, approval, publication and accept- ance as hereinbefore required. CHICAGO, ST. PAUL, MINNEAPOLIS & OMAHA RAILWAY CO. From Article I A 'III. Municipal Code lssi. 2511. Sec. 18. The Chicago, St. Paul. Minneapolis & Omaha Railway Company is hereby authorized, licensed and permitted to enter upon, improve, and use for railway ware- house, depot and other purposes connected with business .'is a common carrier, all the streets, alleys, lots and propert} now owned or occupied, or which hereafter may be owned or oc cupied, or in which the City of St. Paul now has or may here after acquire any right, title, or interest, situated, lying, and being within the following limits and bounded as follows: viz. : Commencing at a point in the center of Pine street in Kittson's Addition to St. Paul, where a line drawn through the center of Prince street intersects the same; thence eastwardly along the center of Prince street to the center of Neil street; thence easterly and northeasterl) on the northerl} line of the righl of way of the St. Paul and Sioux ('in Railroad Com pany, to its intersection with the right of wa\ of the St. Paul, Minneapolis ami Manitoba Railroad Company; thence south erly along the wesl hue i >f the righl of w,i\ of last named company to and across Brook 9treel to the Northeasl corner of the block eighty-one (81) in said Kittson's Addition; thence diagonally across -aid block eight} one (81) to the southwest corner of lot number four I I I, block eighty-one (81); thence 986 erl) along the center line of the alley between Prince and Third streets to the center of Pine street; thence northerly along the center of Pine street to the place of beginning. And said Chicago, St. Paul, Minneapolis & Omaha Railway Corn- pan}- is hereby authorized, licensed, and permitted to construct railroad beds, tracks and side tracks over and across any of the street-, alleys and lands of said city, within the boundaries aforesaid, and to erect and construct thereon machine shops, engine houses, freight and passenger depots, and any other structure or works, necessary or convenient for the prompt and due transaction of its business as a common carrier, and the license and rights hereby are granted in perpetuity, for the purposes above specified, and shall extend to and embrace the acts done, and occupancy had, of said premises by said companies for said purposes, but for no other said purpose, subject only to the rights reserved to the City of St. Paul and the public, specified in the next section. 2512. Sec. 19. It is hereby further ordained, that the mayor and city clerk shall, without unnecessary delay, after the approval of this ordinance, convey by good and sufficient deed or deeds, under the corporate seal of said City of St. Paul, with covenants of seizin and quiet enjoyment, to the Chicago, St. Paul, Minneapolis & Omaha Railway Company, for the use and purposes specified in the foregoing section, all easements, lots and lands, of every description, owned or which may be acquired, by said City, within the boundaries mentioned and specified in the foregoing section; provided, that there be, and hereby is, reserved to the City of St. Paul, the right to enter upon all the streets and alleys hereby con- veyed or authorized to be conveyed, for the sole purpose of constructing sewers or extending under the surface, such works of public improvement as from time to time shall be found necessary by the common council of said city; such im- provements to be made, however, in such manner as will occa- sion the least inconvenience to said Chicago, St. Paul, Minne- apolis & Omaha Railway Company; and also reserving to the City of St. Paul and the public, the right to use, in common with the said railway company, so much of Fourth street as is included in the boundaries and description aforesaid. 9S'i Ordinance No. 1350. (Approved June :'». L890.) 2513. An Ordinance granting to the Chicago, St. Paul, Minneapolis & Omaha Railway Company the right to lay a track on a part of Fauquier street. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. There is hereby granted to the Chicago, St. Paul, >.linneapolis & Omaha Railway Company, its successors and assigns, the right to lay and extend one (1) track of its rail- way upon and along the northerly eight (8) feet of Fauquier street, in said city, from a connection with its present i southerly track opposite the intersection of the northerly line i f said Fauquier street with the west line of Edgerton street, and extending westerly to the east line of Burr street, in said city; and to use and operate the same for railway purposes, subject to the restrictions hereinafter named. 2514. Sec. 2. The aforesaid grant is made upon the ex- ;s condition thai the said track- so permitted shall be used for the purpose of furnishing facilities for unloading from - from the line of said railway, and for no other purpose. 2515. Sec. 3. There is hereby expressly reserved to said common council the right to revoke, modify or amend the granl herein made, and to require the track herein permitted to be moved, changed or taken away entirely upon one month's notice to said ci >mpany. Sec. 1. This ordinance shall take effeel and be in force from and after it s publical it >n. Ordinance No. 1626. I Approved < October 13, L89 2516. An Ordinance authorizing the Chicago, St Paul, Minneapolis & Omaha Railway Company to oc- cupy a portion of Minnesota street. The Common Council of the City of St. Paul do ordain as f( ilk >WS : Sec. 1 . Thai auth< irit) and |>maha 988 Railway Compan} to use and occupy all that portion of Min- nesota streel 1\ ing southerly of Second street in the City of St. Paul, said company to use said street for a freight house and house and other purposes in connection with its business as a common carrier. Said company is authorized to erect upon that portion of said street herein described such build- ings and other fixtures as shall be reasonably necessary to such use, said buildings to be approved by the building in- spector of the City of St. Paul, and proper permits obtained therefor. Provided, however, that nothing herein contained shall be construed to prevent the City of St. Paul from using said street for the purpose of constructing a bridge thereon over the Mis- sissippi river. Provided, further, that the use and occupancy of said Minnesota street, by said Chicago, St. Paul, Minneapolis & Omaha Railway Company shall at all times be by and with the consent and permission of the City of St. Paul, and not at any time adverse to the right of said city in and to said Min- nesota street. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication. Ordinance No. 1794. (Approved Dec. 22, 1894.) 2517. An Ordinance authorizing the Chicago, St. Paul, Minneapolis & Omaha Railway Company to lay and maintain a spur track across Fauquier, Reaney and Minnehaha streets, in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission and authority is hereby granted and given to the Chicago, St. Paul, Minneapolis & Omaha Railway Company to lay and maintain, use and operate a spur track across Fauquier street, Reaney street, and Minne- haha street, in the City of St. Paul, Minnesota, the said track to commence on the northerly side of Fauquier street, oppo- site block fifty (50), in Arlington Hills addition to the City of 989 St. Paul, and opposite lots three (3) and four (4), block one (1), Borup & Payne's addition to the City of St. Paul : thence across Fauquier street to the southerly side thereof in front of said lots (•">) and (4), in block one (1), of said Born]) & Payne's addition; thence across Reaney street in front of lot twenty-two (22), in block one (1), of Borup 6c Payne's ad- dition, to the southerly side of Reaney street: in front of lot five (5), in block four (4), of said Borup and Payne's addition; thence across Minnehaha street, from the northerly side there- of in front of lots twenty-two (22) and twenty-three (23), in block four (4), of Borup and Payne's addition, to the south- erly side of said Minnehaha street : in front of block one (1), of Irvine's second addition to the City of St. Paul ; said tracks shall be laid, planked and replanked, and kept in such con- dition by said railway company as shall leave the said street so crossed in a safe condition for public travel, and in such manner as shall from time to time be ordered and directed by the city engineer of the said City of St. Paul; Provided, that said railroad company, its successors, and assigns, shall in- demnify the City of St. Paul for any and all losses, etc., caused by said tracks or the trains thereon. Provided, also, that the City of St. Paul reserves all rights egulate crossings of any street crossed by said tracks and to compel said railroad company, its successors, or assigns, to bridge or provide other suitable crossings for their said tracks when a bridge or Mich other crossing may be by the common council deemed necessary. 2518. See. 2. The o hi 1 1 1 1. n i council hereb} reserves the righl to repeal this ordinance and direel the removal of said track from each and all of said streets at any time upon thirty (30) maha Railway Company. Sec. :;. Tin- ordinance shall take effect and be in force from and after its p; and publication, and the filing in the office of the city clerk, 1>\ the said. Chicago, Si. Paul, Min neapolis & ' >maha Railwa) Company of its written acceptance < c i he pr< >visi< tns t here if, 990 Ordinance No. 2253. i Approved February 10, 1902.) 2519. An Ordinance granting to the Chicago, St. Paul, Minneapolis & Omaha Railway Company the right to construct and operate a spur railroad track along the east side of Hyde street in the City of St. Paul. The Common Council of the City of St. Paul do ordain as Fi >llo\vs : ' Sec. 1. The Chicago, St. Paul. Minneapolis & Omaha Railway Company, its successors and assigns, subject to the conditions and limitations herein contained, agreeably to the prayer of the petition presented by the owners of a majority of all the lots and real estate abutting upon Hyde street, a public street of the City of St. Paul, which said petition has been filed in the office of the City Clerk of said city, is hereby authorized and licensed to put down, maintain and operate a spur railroad track from a point where the westerly line of lot 3, in block 188, of Robertson's Addition to West St. Paul, according to the plat thereof recorded in the office of the Register of Deeds of Ramsey County. Minnesota, intersects a certain branch railroad track recently constructed by said com- pany, southwardly to the intersection of Hyde street with Chicago avenue, in the Sixth ward of said city, and over and across lots 3. 4. and 5, in said block 188, of Robertson's Ad- dition across Water street, upon and over lot" 6, in block 187. in said Robertson's Addition, and upon and along the east side of that part of Hyde street lying between the right of way upon which said branch railroad has been constructed and said Cnicago avenue. The spur track hereby authorized to be located and con- structed shall be put in under the direction of the Commis- sioner of Public Works of the City of St. Paul and in such manner as he shall direct, and said track shall be so construct- ed that the rails thereof shall not be higher than the top of the surface of the ground, and said company, whenever required by the Commissioner of Public Works or directed so to do by the Common Council, shall plank or pave with such ma- terial and in such manner as it shall be directed, the space '.fill lying between the rails of said track, and for a space of at least two (2) feet outside of each rail of said track, and keep and maintain the same in proper condition. 2520. Sec. 2. The spur track hereby authorized to be con- structed and maintained shall be used only for the loading oi unloading of freight received or delivered to the various manufacturing plants located on the public levee and on private property adjacent to said street, and said track shall not be used for the storage of cars, and no cars shall be per- mitted to stand thereon except for such time as shall reason- ably be required to load or unload the same as the case may be." 252r. Sec. 3. The authority and license hereby granted to construct and maintain said spur track may be revoked or an- nulled, and said spur track ordered removed, by the Common Council at any time after the expiration of ten years from the passage of this ordinance, in which case all right and authority ot said company to maintain said track shall cease and deter- mine, and said company thereupon and within ninety (90) days after the service upon it of a copy of the resolution or ordinance directing such removal shall take up and re said track and restore the premises from which it shall be so removed to the same condition as the surrounding portion of said levee and street, and shall put the same in suitable and proper condition for public travel thereon. 2522. Sec. I. Said Chicago, Si. Paul, Minneapolis & ( Mnaha Railway Company shall at all times indemnif) and save harmless the Cit) of St. Paul from any and all claims for damages on account of an) injur} i" person or property sus tained by any person, linn <r effect. See. 6. This ordinance shall take effect and be in force from and after its passage, publication and acceptance as here- ii.hefore provided. Ordinance No. 2258. (Approved — See end of Ordinance.) 2524. An Ordinance granting to the Chicago, St. Paul, Min- neapolis & Omaha Railway Company the right to construct and operate a spur railroad track in the alley lying between Blocks "E" and "C" on the north and blocks 183 and "B" on the south, in Robertson's Addition to West St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. The Chicago, St. Paul, Minneapolis & Omaha Railway Company, its successors and assigns, subject to the conditions and limitations herein contained, is hereby author- ized and licensed to put down, maintain and operate a spur railroad track, extending from a point where the westerly line of Lot 2 in Block 188. in Robertson's Addition to "West St. Paul, according" to the plat thereof recorded in the office of the Register of Deeds of Ramsey County, Minnesota, is intersect- ed by a certain branch or extension constructed along the west bank of the Mississippi river, in the Sixth ward of said city, eastwardlv to the westerly boundary of South Wabasha street, and upon and over lots 1 and 2, in said Block 188 of Robert- son's Addition, across Walter street, and along the center line of that certain alley lying between Blocks "E" and "C" on the north and Blocks 183 and "B" on the south in said Robertson's Addition. The spur track hereby authorized to be located and con- structed shall be put in under the direction of the Commis- sioner of Public Works of the City of St. Paul and in such manner as he shall direct, and said track shall be so construct- ed that the rails thereof shall not be higher than the top of 993 the surface of the ground, and said company, whenever re- quired by the Commissioner of Public Works, or directed so t do by the Common Council, shall plank or pave with such material and in such manner as it shall be directed the space lying between the rails of said track and for a space of at least two (2) feet outside of each rail of said track, and keep and maintain the same in proper condition. 2525. Sec. 2. The spur track hereby authorized to be con structed and maintained shall be used only for loading or unloading of freight received from or delivered to the various tufacturing plants located on the public levee adjacent to said alley, and said track shall not be used for the storage of cars, and no cars shall be permitted to stand thereon except for such time as shall reasonably be required to load or un- load the same as the case may be. 2526. Sec. :i. The authority and license lure granted to construct and maintain said spur track may be revoked or an- nulled, and said spur track ordered removed, by the Common Council at any time after the expiration of ten years from the passage of this ordinance, in which case all righl or authority of said company to maintain said tracks shall cease and deter- mine, and said company thereupon and within ninety (90 days after service upon it of a copy of its resolution or ordi- nance directing such removal shall take up and remove said track and restore the premises from which it shall be s, , re moved to the same condition as the surrounding portion of said levee ami alley, and shall put the same in suitable and proper condition for public travel thereon 2527. Sec. I. Said Chicago, Si. Paul, Minneapolis & ( Mnaha Railwa) Company shall at all times indemnify and save harmless the Cit) of St. Paul from any and all claims for damages on accounl of any injur) to person oi property sustained by an) person, firm or corporation in consequence of the construction, maintenance and Operation "\ Paid spur track, and shall reimburse said city for all sum 1 - which it may be required to pay as damages or a co ts or expenses in defend ing againsl such claims. 99 I 2528. Sec. 5. Said Chicago, St. Paul, .Minneapolis & Omaha Railwa) Company, within thirty (30) days from and after the passage and publication of this ordinance, shall file with the Cit} Clerk of the City of St. Paul its written accept- ance thereof, the same to be in such form as shall be approved 1 v the Corporation Attorney, otherwise this ordinance shall have no force or effect. Sec. ti. 'This ordinance shall take effect and he in force from and after its passage, publication and acceptance as here- infore provided. Returned by the mayor without his approval Feb. 11th, L902; passed by Board of Aldermen notwithstanding- objec- tions of the mayor Feb. 11. 1902; by the Assembly February L3, L902. RESOLUTION OF COUNCIL. i Approved June 19, 1902.) 2529. Whereas, There was heretofore presented to the As- sembly, one of the branches of the Common Council of the City of St. Paul, a petition of the Chicago, St. Paul, Minneapo- lis >.K: Omaha Railway Company, the owner of more than one- half of the property abutting upon both sides of Walter street, 1 etween the southerly boundary of Water street and the northerly boundary of Fillmore avenue, in the said City of St. Paul, praying for the vacation of said Walter street between the points above mentioned, which said petition also recited that the petitioner was the owner of more than one-half of the property fronting upon the triangular area in the northwest corner of block one hundred and eighty-seven (187), of Rob- ertson's Addition to West St. Paul, which is owned by the City of St. Paul, and is a part of the levee, and praying for the vacation of the above mentioned triangular area, all as is more particularly described and shown upon the plat annexed to said petition, which said petition is duly verified, as provided by law. and sets forth the facts as to the dedication and the present use of said street and said triangular area, and the reasons for such vacation, and shows, among other things that said street and said triangular area in said block 187 of Rob- 995 ertson's Addition to West St. Paul have never been opened for public use and never can be of any value for public travel or any other public purpose in the event that they are opened, improved or graded; and 2530. Whereas, The said Assembly deemed it expedienl that the matter therein referred to should be proceeded with, and ordered said petition and accompanying plat to be filed of record in the office of the City Clerk and ordered said Clerk to give notice by publication in the official paper of the city, to the effect that said petition had been filed, and stating in brief its object, and that said petition and the subject matter thereof would be heard and considered by the Committee on Streets of said Assembly at its regular stated meeting to be held on the 12th day of May, 1902, at four o'clock in the after- noon of that day at the Council Chamber in said City of St. Paul, and thereupon said petition and plat were duly filed in the office of the City Clerk of said City of St. Paul, and said notice was duly given and published, and said petition, plat and other matters connected therewith were duly referred by said Assembly to said committee for hearing and investiga- tion - ; and, 2531. Whereas, Said Committee on Streets of said Assem bly did meet at the Council Chamber in said city on the day and at the hour above mentioned for the hearing thereof, and did investigate and consider the matter of said proposed vaca- tion, and then and there heard all testimony and evidence ad- duced upon the part of the petitioner and other persons in- terested in the matter of said proposed vacation, and took proof of the matters averred in said petition, and being of the opinion that the prayer of said petition should be granted, re- ported its conclusions to said Assembly, recommending the adoption of a proper resolution declaring said vacation; now. therefi ire, be it 2532. Resolved, I'.y the Common Council of the City of St. Paul, that Walter street, in the City of St, Paul, extending from the southerly boundary of Water streel to the northerly boundary of Fillmore avenue, be and the same is hereb) va cated for the benefil of said petitioner, and that the triangular 996 area in the northwest corner of block is; of Robertson's Ad- dition to \\ esl St. Paul, and commonly known as a part of the levee of V\ est St. Paul, be and the same is hereby vacated For the benefit of said petitioner, subject to the following con- dition: That said petitioner shall pay into the treasury of said City of St. Paul, the sum of Five Hundred Dollars ($500.00), which is hereby fixed as the compensation to be paid by it to the City in consideration of said vacation ; and. 2533. Whereas, The question has arisen whether or not this Common Council has the power to vacate the said tri- angular area in the northwest corner of said Block 1ST of Robertson's Addition to West St. Paul, and it is desired that in and for the stun of Five Hundred Dollars ($500) above specified, the city convey any and all title it may have to said triangular piece to the said petitioner ; now, therefore, be it 2534. Further resolved. That the proper city officers are hereby authorized and directed to execute a proper quitclaim . conveying to the said petitioner, the Chicago, St. Paul, Minneapolis & Omaha Railway Company, any and all interest the said City of St. Paul may have in said triangular area in the said block 1ST, of Robertson's Addition to West St. Paul. FIFTH WARD TRANSFER COMPANY. Ordinance No. 1638. (Approved Nov. 7, 1892.) 2535. An Ordinance granting to the Fifth Ward Transfer Railway Company the right to construct and main- tain railway tracks upon a strip of land fifty (50) feet in width upon the street or levee in the Fourth and Fifth wards, in the City of St. Paul, Minne- sota. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. There is hereby granted and given unto the Fifth Ward Transfer Railway Company of St. Paul, Minnesota, its successors, and assigns, the right to lay down railway tracks and to operate and maintain railway tracks and rail- 997 roads thereon upon the following described portion of the street or levee fronting on the Mississippi river in the Fourth and Fifth wards, in the City of St. Paul. Minnesota, described as follows, to-wit: A strip of land fifty (50) feet wide throughout the entire length of said street or levee in said Fourth and Fifth wards, the northerly line of said strip of land running" and being" described as follows: Commencing" at a point three hundred (300) feet east of the intersection of the easterly line of Market street with the levee, and distant sixty (60) feet southeasterly from the northerly line of said levee; thence southwesterly along the line parallel to the northerly line of said street or levee to a point two thousand two hundred and thirty (2,230) feet southwesterly from the west line of Chestnut street; thence southwesterly in a straight line to a point sixty (GO) feet distant southeasterly from the southeast corner of block seven (1), Kinney, Bond & Trader's addition; thence southwesterly along a line parallel with and sixty feet (60) distant from the northerly line of said street or levee to a point sixty ((id) feet southeasterly from the southeast corner of lot forty (40), block twenty-eight (28), Stinson, Brown & Ramsey's subdivision of Stinson, Id-own & Ramsey's addition; thence in a straight line to the southwest corner of lot fifty-eight (58), block twenty-eight 28), Stinson, Brown & Ramsey's subdivision of Stinson, brown & Ramsey's addition: thence southwestern along the northerly line of said streel or levee, to the southeast corner of lot eighteen (18), block twenty nine (29), Stinson, Brown & Ramsey's subdivision of Stinson. Brown & Ramsey's ad- dition. 2536. Sec. 2. Tin- foregoing franchise and right of waj is granted upon the express condition following, town: Said corporation or ii iors or a signs shad commence the grading ami constructing of said railroad . . i i said Strip of land on the northerly side within tin- Fourth and Fifth wards of said City, prior to tin- firsl da\ of A.UgUSt, 1895, and shall con tinue said grading or construction within said ward s. , thai at : fifteen thousand dollars ($15,| | shall be i pendi d thereon prior to the firsl da\ of August, L895, and shall en- tirely complete the laying of at hast one ill Hark of said 998 railroad on the northerly side of said strip within said ward, within the year L895. 2537. See. md- Said Fifth Ward 'Transfer Railway Com- pany, its snecessors, and assigns, shall at all times defend and save harmless the said City of St. Paul from any and all dam- 5, expenses, and suits arising' or accruing" out of the pass- age of this ordinance and the use of said levee and street with its ears, trains or tracks. 2538. Third — Said city of St. Paul hereby reserves the right, at any and all times, to extend or open across said strip in such manner and at such places as the common council of said city may deem advisable any street, sewer, sidewalk, bridge, culvert, or other similar public improvement which it may deem advisable. And the said Fifth Ward Transfer Rail- way Company, its successors, and assigns shall at all times conform its raihvay tracks to grades of any streets or other improvements crossing the said strip which may be established by said city, and shall construct, maintain and operate upon all streets crossing over said strip such crossings, gates and danger signals as said common council may require, and shall pay to said city, when the same is constructed, the cost of construction of such portion of all sewers, culverts, bridges and other public improvements as may be constructed by said city across said strip, including the cost of approaches to bridges. 2539. Fourth — Said City of St. Paul hereby reserves the right to hereafter grant by ordinance to any other railroad company, companies, or persons the right to cross the track or tracks of said Fifth AVard Transfer Raihvay Companv at any point on said street or levee, or to construct viaducts there- under. 2540. Fifth — The privilege hereby granted shall be enjoyed by said Fifth Ward Transfer Railway Company, its successors and assigns, subject to all ordinances that now are or may hereafter be in force concerning railroads in said City of St. Paul. 999 2541. Sixth — It is hereby expressly provided that the said Fifth Ward Transfer Railway Company, its successors, or as- signs, shall build and construct at least fifty i 50) miles of new railroad prior to the said first day of December, A. D. L895, which said fifty (50) miles of new railroad shall be wholly built within the State of Minnesota, and shall start from the City of St. Paul and shall connect with and be a part of the railroad to be constructed on said street or levee, the right to construct which is hereby granted : and that if said Fifth Ward Railway Company, its successors, or assigns, shall fail to con- struct the full fifty (50) miles of new railroad, as herein speci- fied, by the first day of December. A. I). 1895, then all rights and privileges hereby granted shall terminate and revert to the City of St. Paul. ' (As amended by Ord. 1640, approved Nov. 3, L892, §§1, 2; I Ird. L690, approved July 5, 1893, § 1, and ( >rd. L768, approved July 26, 1894, §§ 1, :!. For said amending ordinances in full see Or- dinances 1640, 1690 and 1768 in this Article. ) 2542. See. :!. Said Fifth Ward Transfer Railway Com- pany, its successors, or assigns, shall at their own cost extend across said strip any and all sewers now terminating on or in said strip or levee, and shall bear and pa) to said city the cosl of such portion of any new sewer that may be hereafter built by said city as is constructed on said strip. i Vs amended by Ord. 1640, Nov. 3, L892, §3. For said I >rd. 1640, in full, see later, this Article.') 2543. Sec. I. Said Fifth Ward Transfer Railwaj Com- pany shall tile with the city clerk-, within fifteen (15) days after the passage and publication of this ordinance, a written acceptance of the same on the pari of said company. 2544. See. 5. Said Fifth Ward Transfer Railwa} Com pany shall switch ear- to and from any point on its tracks on -aid levee in said Fourth and Fifth ward- of said city to the Minnesota Transfer Company's tracks, or other company's tracks that this company's track shall conned with within said city limits, at the same rates per mile as is now or may 10(111 hereafter be charged by other railroad companies in said city for similar service. 2545. Sec. 6. A failure on the pari of said Fifth Ward Transfer Railway Company to comply with any of- the terms or conditions of this ordinance shall be deemed a waiver of all the rights said company may have acquired under the ordi- nance, and the rights hereby granted to the company shall terminate. This ordinance to take effect and be in force from and after the passage and publication. Ordinance No. 1640. (Approved November 1. ls< ( .>2.) 2546. An Ordinance amending an ordinance entitled "An ordinance granting to the' Fifth Ward Transfer Railway Company the right to construct and main- tain railway tracks upon a strip of land fifty (50) feet in width upon the street or levee in the Fourth and Fifth wards in the City of St. Paul, Minne- sota." The Common Council of the City of St. Paul do ordain as follows : See. 1. That section two (2) of an ordinance entitled "An ordinance granting to the Fifth Ward Transfer Railway Com- pany the right to construct and maintain railway tracks upon a strip of land fifty (50) feet in width upon the street or levee in the Fourth and Fifth wards, in the City of St. Paul, Minne- sota," passed by the assembly October 28, 1892, be amended striking out all the portion beginning with the words, '"Third — All railway tracks," and ending with the words, "City of St. Paul so to do," and inserting in lieu thereof the following, to-wit : "Third — Said City of St. Paul hereby re- serves the right at any and all times to extend or open across said >trip in such manner and at such places as the common council of said city may deem advisable any street, sewer, side- walk, bridge, culvert, or other similar public improvements which it may deem advisable. And the said Fifth Ward Transfer Railway Company, its successors and assigns, shall 1001 at all times conform its railway tracks to the grades of any streets or other improvements crossing the said strip which may be established by said city, and shall construct, maintain and operate upon all streets crossing over said strip such crossings, gates and danger signals as said common council may require, and shall pay to said city, when the same is con- structed, the cost of construction of such portion of all sewers, culverts, bridges, and other public improvements as may be constructed by said city across said strip, including the cosl of approaches to bridges.'' 2547. Sec. 2. The said section two (2) of said ordinance hereinabove referred to as passed by the assembly October 28, 1902, be, and the same is hereby further amended by adding id section two i - i i the following paragraph, to-wit: 2548. "Sixth — It is hereby expressly provided that the said Fifth Ward Transfer Railway Company, its successors or as signs, shall build and construct at least fifty (50) miles of new railroad prior to the said first day of December. A. I). L894, which said fifty (50) miles of new railroad shall be wholly built within the state of Minnesota, and shall start from the Cit) ol St. Paul and shall connect with and be a part of the railroad to be constructed on said street or levee, the right to construct which is hereby granted; and that if -aid Fifth Ward Transfer Railway Company, its successors, or assigns, shall fail to eon struct the full fifty (50) miles of new railroad, as herein speci fied, by the first day of December, A. I >. L894, then all rights and privileges hereb) granted shall terminate and reverl to tin- City of St. Paul." 2549. (a) Sec. 3. Thai section three (3) of the above mentioned ordinance be amended so a to ri ad as follows, to ■wit : 2550. ib i Sec. 3. Said Fifth Ward Transfer Railway Company, its _,:, . ,, r assigns,* shall at their own nd across -aid strip an) and all sewer-, now terminating on or in said strip or levee, and shall bear and pa\ to said city the cosl of such portion of any new sewer that ma} be here- after built by said city as is constructed on said strip." 1002 2551. Sec. I. That said ordinance as hereby amended is ratified and c< >nfirmed. 2552. Sec. 5. The Fifth Ward Transfer Railway Com- pany shall file with the city clerk of the City of St. Paul within fifteen i 15) days after the passage and publication of this ordi- nance a written acceptance of the same on 'the part of said company, agreeing to comply with each and all of the terms and conditions of tins ordinance, which said acceptance shall be in such form as shall be approved by the corporation attor- ney. Sec. 6. This ordinance shall take effect and be in force from and after its passage, publication and acceptance, as here- inabove specified. Ordinance No. 1662. (Approved March 9, 1893.) 2553. An Ordinance granting to the Fifth Ward Transfer Railway Company of St. Paul, Minnesota, the right to construct and maintain railway tracks upon the strip of land upon the street or levee in the Sixth and Fourth wards in the City of St. Paul, Minne- sota. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. There is hereby given and granted unto the Fifth "Ward Transfer Railway Company of St. Paul, Minnesota, its successors, or assigns, the right to lay down raihvay tracks, and to fill for, construct, operate, and maintain railroad tracks thereon, upon the following described portion of the street or levee fronting on the Mississippi river, in the Sixth ward of the City of St. Paul, Minnesota, described as follows, to-wit: A -trip of land thirty (30) feet along the street or levee in the Sixth ward of said city, between Annapolis street and State street. The w-esterly line of said strip of land beginning at a point wdiere the center line of Annapolis street crosses the west line of said levee, extended, and forty (40) feet east therefrom ; thence running in a northerly and westerly di- 1003 rection, and parallel to the westerly and southerly line of said street or levee, and forty (40) feet distant therefrom, to a point forty | 10) feet north of the point where the southerly line of said street or levee intersects the west line of State strict. Also upon a strip of land along the street or levee in said Sixth ward, twenty-five feet (25) in width, described as follows: Beginning at a point where the easterly line of State street intersects the southerly line of said levee, and thirty- five (35) feet north therefrom; thence westerly in a line par- allel with it. and thirty-five (35) feet north of the south line of said street or levee to the east side of Robert street, in said Sixth ward; also upon a strip of land along said street or levee, in the Sixth ward of said city, twenty-five (25) feet in width, extending from the east side of said South Robert street to the center line of Hyde street, in said City of St. Paul. The last above-described strip of land to be designated by the city engineer of the City of St. Paul within sixty (60) days after being requested so to do in writing by said Fifth Ward Transfer Railway Company. Also upon a strip of land twenty-five (25) feet in width in the Fourth ward of said City of St. Paul, the same lying between the present termination of the right of way of said Fifth Ward Transfer Railway Com- pany as the same- now terminate-, between Market and St. Peter streets, in said city, and extending to the wesl side of the north pier of the Wabasha streel bridge (so-called), upon said levee; the said strip of land to be hereafter designated by the City Engineer of the City of St. Paul within sixty (60) days after receiving a written request from said Fifth Ward Transfer Railway Company requiring said designations, said written requesl to be made in the year L893. 2554. Sec. 2. The Foregoing franchise and right of way is granted upon the express condition following, to wit; 2555. First The said Fifth Ward Transfer Railway Com- pany, it- succe — rs, or assigns, shall commence the grading and construction of said railroad on the above described strips of land within the Sixth ward of the Cit} of St. Paul, and shall entitvh complete the laying of one track of railroad along the entire length ol rips of land within s;iid Sixth L004 ward within the year L895, provided the said Fifth Ward Transfer Railway Company, its successors, or assigns, after the construction of said road as above provided, and on or be- fore the first da_\ of January. 1896, shall build and maintain within said Sixth ward a freight and passenger depot, and shall stop or cause to he stopped, for the purpose of receiving and letting off passengers, all passenger trains operated over said railroad tracks at said passenger depot. 2556. Second — The said Fifth Ward Transfer Railway Company, its successors, or assigns, shall build and construct al least fifty ( 50) miles of new railroad prior to the first day of January. L896, which said fifty (50) miles of new railroad shall be wholly built within the State of Minnesota, and shall start from the City of St. Paul and shall connect with and be a part of the railway to be constructed, on said strip or levee. And if said Fifth Ward Transfer Railway Company, its successors, and assigns, shall fail to construct said full fifty (50) miles of railroad, as herein specified, on or before the first day of January. 1896, then all rights and privileges herein granted shall terminate and revert to the City of St. Paul ; said fifty (50) miles of new road being the same referred to in ordi- nance number sixteen hundred and forty (16-10), and approved November 7, 1892. 2557. Third — Said Fifth Ward Transfer Railway Company shall within sixty (60) days after constructing any railway track on said strip furnish and deliver to the city engineer, who shall retain the same on file in his office, a statement of the cost of constructing said railroad track upon said strips of land, which statement shall be verified by said Fifth Ward Transfer Railway Company, its successors^ and assigns, con- structing the same, or by one of their officers. 2558. Fourth — The use of any part of said strips or any track or tracks constructed thereon, as to which there is herein rved the right to grant the same to any other company, may be granted upon the following terms and conditions, to- wit : 2559. 1 | Any company to which said common council shall have granted the right to use any portion of said railway 1005 tracks or strips, and which may desire to use the same, shall file with the city engineer and also with the city clerk its appli- cation, stating what track or tracks, or portion thereof, it so desires to use. and such company shall become entitled to use such designated track or tracks, or portion thereof, upon mak- ing or offering to make a contractwith said Fifth Ward Trans- fer Railway Company, its successors and assigns, agreeing to pay its portion of the cost of said track, to be determined as herein stated, and its proportions of the maintenance of said track, to be determined as herein stated, and to abide by the terms and conditions of this ordinance relating to the manner of use of said tracks; provided, that such company shall, before being entitled to the use of such track or tracks or portion thereof, shall first pay its said proportionate share of the cost of same: or in case said Fifth Ward Transfer Railway Com- pany, its successors and assigns, ami such applying company, are unable to agree upon the cost of such track' or tracks, or portion thereof, such applying company shall he entitled to the us,- of such track or tracks upon tiling with the city clerk its bond in such amount and with such sureties as may he ap- proved by the common council, conditioned \t> pay said cosl as ascertained, as herein provided. 2560. i 2 i 'Jdie first company so applying for the use of any track or tracks or portion thereof shall pa) to said Fifth Ward Transfer Railway Company, its successors, and assigns, one-half i ' _■ i of the cosl of constructing the same. In case a second compan'3 shall so be given the righl to use the same track or portion thereof used by two companies, it shall pay one-third of the cosl thereof, to he divided among the said Fifth Ward Transfer Railwaj Company, its successors and as- signs, and such other company using said track. \nd in like iner am additional compan) so applying and given the righl to use such trad; or portion thereof shall pa) its propor tionate share of the cosl thereof, to be divided among the othei companies using the same, and which shall have paid the cosl 1 herei if, as herein pr< >\ ided. 2561. (3) In case the parties interested therein are un- able to agree upon the cosl of such track or portion thereof so ] i desired to be used, the cost thereof shad be determined by three arbitrators, to be appointed in' the following manner, to-\\ii : The company or companies then using and having paid for the cost of constructing such track shall, upon writ- tin notice from the applying company, designate, in a written notice delivered to said applying company, one arbitrator, and said applying company shall designate in writing to said com- pany or companies so using said track one arbitrator. In case of the failure or refusal of the company or companies then using and having paid the cost of constructing such track to appoint an arbitrator, the common council of St. Paul shall ap- point an arbitrator; these two arbitrators shall choose the third arbitrator, and in case of the failure of the two arbitra- tors to select a third the common council of St. Paul shall have the powder to designate such third arbitrator ; the three arbitrators so chosen shall determine the cost of said railroad track or tracks, provided that such cost so determined shall not exceed the statement of the cost as hereinbefore required to be filed with the city clerk and city engineer. 2562. i 4 i Any such applying company shaM pay to the said Fifth Ward Transfer" Railway Company, its successors, and assigns, its proportionate share of the maintenance and care of said railroad track or tracks and right of way upon which the same are located during such time and period as such company shall use the same, such proportionate amount to be computed upon the wheelage of such company operated over said tracks. And such applying company shall further agree to fully protect said Fifth Ward Transfer Railway Com- pany, its successors, and assigns, against all loss or damage caused by its agent or employes, or by their negligence. 2563. (5) Said Fifth Ward Transfer Railway Company, its successors, and assigns, shall have the right to make all - and regulations governing the operating or running of trains over said tracks, and regulating and controlling the management of said right of way, with which rules and regu- lations such other companies using said tracks shall comply ; provided, however, that such rules and regulations at all times shall be just and reasonable to all parties concerned, loor and provided that passenger trains of said Fifth Ward Trans- fer Railway Company, its successors, and assigns, shall have the right of way over passenger trains of other companies using said tracks, and passenger trains of other companies using said tracks shall have the right of way over any and all freight trains of said Fifth Ward Transfer Railway Company, its successors, and assigns. 2564. Fifth— Said Fifth Ward Transfer Railway Company, its successors, and assigns, and all other companies operating over any of said tracks, shall at all times save harmless the City of St. Paul from all damages, expense and suits arising or growing out of the passage of this ordinance, or for the use of said levee, with its cars, trains, or tracks. 2565. Sixth— Said City of St. Paul hereby reserves the right to extend and open across said strip, in such manner and a' such places as the common council of said city shall deem advisable, any street, sewer, sidewalk, bridge, culvert, or any other similar public improvement which it may deem advis- able, and said Fifth Ward Transfer Railway Company, its suc- cessors, assigns, and all other companies using said tracks, shall at all times conform its railway tracks to the grades of any streets or improvements crossing tin- said strips which may he established by said City of St. Paul, and shall con struct, maintain, and operate on all streets crossing over said strips such crossings, gates ami danger signals as said com mori council may require, and shall pa) to said cit) as the same is constructed the cosl of construction of such portion of .-ill sewers, culverts, bridges, and other public improvements a- may In- constructed by said cit) across said strip, including the cost of approaches to bridges over said -trip. 2566. Seventh Said City of St. Paul hereb) reserves the right to hereafter granl by ordinance to an) other company mi companies the righl to cross the track or tracks herein an thorized to be constructed al an) point in said street or levee or to c< 'ii-i ru< I \ iadui I - I hereunder i ir therei <\ er, 2567. Eighth The privileges hereby granted shall be en joyed sub j eel to all ordinance-, which ma) hereafter be in force concerning railroads in the City of St. Paul. L008 2568. Sec. '■'>. There is reserved to the common council of Si. Paul, or its successors, the right to grant to any other railway companies the right to use any railway track or tracks- constructed upon said Strips of land above described lying between the east line of State street, in said Sixth ward, and the center line of said Hyde street, in said Sixth ward, and to use said strips of land or any part thereof upon the terms and conditions stated in section two (2). And there is also reserved to the common council of St. Paul, or its successors, the right to grant to other railway companies the right to use any railway track or tracks, constructed upon the north- easterly half of the above described thirty-foot strip extending from State street to Annapolis street, in said Sixth ward, and to use said half or any part thereof upon the terms and con- ditions stated in section two (2). And in case there shall not have been located and constructed on or before Jan. 1, 1898, within the corporate limits of the City of St. Paul, the shops and general offices which pertain to and are used for and in the operation and maintenance of the railroad of the said Fifth. Ward Transfer Railway Company, its successors and assigns, in the State of Minnesota, including the said fifty (50) miles of new railroad mentioned in section two (2), or in case said shops and general offices shall not, after said Janu- ary 1, 1898, be maintained and continued within the said cor- porate limits of said City of St. Paul, there is reserved to the common council of the City of St. Paul, or its successors, the right to grant to any other railroad companies the right to use any railway track, or tracks, or portion thereof, located upon any of the strips of land herein described, or to use said strips of land or any part thereof upon the terms and con- ditions specified in section two (2). 2569. Sec. 4. Said Fifth Ward Transfer Railway Com- pany, its successors, and assigns, shall, at their own cost, ex- tend across said strips of land any and all sewers now 7 ter- minating on or in said street or levee, and bear and pay to said city the cost of such portion of any new sewer as may hereafter be built by said city as is constructed on said strip. 1000 2570. Sec. 5. Said Fifth Ward Transfer Railway Corn- pan}- shall file with the city clerk within fifteen (15) days after the passage and publication of this ordinance a written ac- ceptance of the same on the part of said company, said ac- ceptance to be approved by the city attorney. 2571. Sec. 6. A failure on the part of said Fifth 'Ward Transfer Railway Company to comply with any of the terms or conditions of this ordinance shall be deemed a waiver of all the rights said company may have acquired under this ordinance, and the right hereby granted to said company shall terminate and revert back to said City of St. Paul. Sec. T. This ordinance shall take effect and be in force from and after its passage. Ordinance No. 1690. (Approved July 6, 1890.) 2572. An Ordinance amending a part of section two of ordi- nance numbered 1638, passed by the board of alder- men September 20, 1892, and by the assembly Oc- tober 28, 1892, and approved November 7, 1892, entitled "An ordinance granting to the Fifth Ward Transfer Railway Company the right to construct and maintain railway tracks upon a strip of land, fifty (50) feet in width, upon the street or levee in the Fourth and Fifth wards in the City of St. Paul, Minnesota," and also amending section two (2) of ordinance numbered 1662, passed by the assembly February 23, 1893, and by the board of aldermen March 7, 1893, and approved March 7, 1893, entitled "An ordinance granting to the Fifth Ward Transfer Railway Company of St. Paul, Minnesota, the right to construct and main- tain railway tracks upon a strip of land upon the street or levee in the Sixth and Fourth wards in the City of St. Paul, Minnesota." The Common Council of tin- City of St. Paul f section two (2). of ordinance numbered sixteen hundred 1010 thirty-eight (1638), entitled "An ordinance granting to the Fifth Ward Transfer Railway Company the right to con- st met and maintain railway tracks upon a strip of land fifty Eeet in width, upon the street or levee in the Fourth and Fifth wards in the City of St. Paul, Minnesota," passed by the board of aldermen. September 20, 1892, and by the assembly October 28, L892, and approved November 7, 1892, being that portion of said section two (2) preceding the word "second" in said section two (2), be, and the same is hereby amended so as to read as follows: 2573. "See. 2, The foregoing franchise and right of way .ranted upon the express conditions following, to-wit : Said corporation, or its successors, or assigns shall commence the grading or construction of said railroad on said strip of land on the northerly side within the Fourth and Fifth wards of said city prior to the first day of August, 1804, and shall continue said grading or construction within said wards so that at least fifteen thousand dollars ($15,000) shall be ex- pended thereon prior to the first day of August, 1894, and shall entirely complete the laying of at least one (1) track of said railroad on the northerly side of said strip within said wards within the year 189 1. 257~. Sec. 2. That subdivision one (1) of section two (2) of that certain ordinance numbered sixteen hundred and sixty-two (1662) entitled "An ordinance granting to the Fifth Ward Transfer Railway Company of St. Paul. Minne- sota, the right to construct and maintain railway tracks a strip of land upon the street or levee in Sixth and rth wards in the City of St. Paul, Minnesota," passed by the assembly February 23, 1893, and by the board of aldermen March 7, 1893, and approved March 0, 1893, be and the same is hereby amended by striking out the figures "1893" where die same occur in said subdivision one (1) of section two (2). and inserting in lieu thereof the figures "1804." 2575. Sec. T The above amendments of each of the above named ordinances shall in no way affect or impair or change any of the other terms or provisions or conditions of either of -aid ordinances or any part thereof. 1011 2576. Sec. 4. Said Fifth Ward Transfer Railway Com- pany shall file with the city clerk of the City of St. Paul with- in fifteen (15) days after the passage of "this ordinance a writ- ten acceptance of the same on the part of said company. 2577. Sec. 5. This ordinance shall take effect from and after its passage and publication and acceptance, as above pro- vided. Passed July 5, 1893. Ordinance No. 1768. (Approved July 27, 1894.) 2578. An Ordinance amending a part of section two (2) of the ordinance numbered 1638, passed by the board of aldermen September 20, 1892, and by the assembly October 28, 1892, and approved Novem- ber 7, 1892, as the same was amended by ordinance numbered 1690, and passed by the board of alder- men July. 3, 1893, and by the assembly July 5, 1893, and approved July 6, 1893; and also amending sec- tion two (2) of ordinance numbered 1662, passed by the assembly February 23, 1893, and by the board of aldermen March 7, 1893, and approved March 9, 1893, as the same was amended by ordi- nance numbered 1690, passed by the board of al- dermen July 3, 1893, and by the assembly July 5, 1893, and approved July 6, 1893; and also amend- ing part of section two (2) of ordinance numbered 1638, passed by the board of aldermen September 20, 1892, and by the assembly October 28, 1892, and approved November 7, 1892, as the same was amended by section two (2) of ordinance numbered 1640, passed by the board of aldermen November 3, 1892, and by the assembly November 3. 1892. and approved November 7, 1892. The Common Council of the City of St. Paul •!" ordain follows: Sec. I. Thai all thai portion of the first subdivision of section two (2) of thai ordinance numbered sixteen hundred 1012 and thirty-eight (1638), (.'milled "An ordinance granting to the Fifth Ward Transfer Railway Company the right to con- Struct and maintain railway tracks upon a strip of land fifty feet in width upon the street or levee in the Fourth and Fifth wards in the City of St. Paul, Minnesota," passed by the board of aldermen September 20, 1892, and by the assembly •ber 28, 1892, and approved November 7, 1892, being- that portion of said section two (2) preceding the word "second" in said section two (2), as the same was amended by ordi- nance numbered sixteen hundred and ninety (1690), passed by the board of aldermen July 3, 1893, and by the assembly July •"'. L893, and approved July G, 1893, be and the same is hereby amended so as to read as follows: 2579. "'Sec. 2. The foregoing franchise and right of way is granted upon the express condition following, to-wit : Said corporation or its successors or assigns shall commence the grading and constructing of said railroad on said strip of land on the northerly side within the Fourth and Fifth wards, of said city, prior to the first day of August, 1895, and shall con- tinue said grading or construction within said ward so that at least fifteen thousand dollars ($15,000) shall be expended thereon prior to the first day of August, 1895, and shall en- tirely complete the laying of at least one (1) track of said rail- road on the northerly side of said strip within said ward, within the year 1895." 2580. Sec. 2. That subdivision one 11) of section tw r o (2) oi that certain ordinance numbered sixteen hundred and sixty- two (1662), entitled "An ordinance granting to the Fifth Ward Transfer Railway Company of St. Paul, Minnesota, the right to construct and maintain railway tracks upon a strip of land upon the street or levee in the Sixth and Fourth wards in the City of St. Paul, Minnesota." passed by the assembly February 23, 1893, and by the board of aldermen March 7, 1893, and approved March 9, 1893, as the same was amended 1 y that certain ordinance numbered sixteen hundred and nine- L690), passed by the board of aldermen July 3, 1893, and by the assembly July 5, 1893, and approved July 6, 1893, be and the same is hereby amended by striking out the figures 1013 "1894" where the same occur in said subdivision one (1 I of section two (2), as so amended and inserting in lieu thereof the figures "1895." 2580a. Sec. 3. That section two (2) of that certain ordi- nance numbered sixteen hundred and thirty-eight (16^8), en- titled "An ordinance -ranting to the Fifth Ward Transfer Railway Company the right to construct and maintain rail- way tracks upon a strip of land fifty (50) feet in width upon the street or levee in the Fourth and Fifth wards of the City of St. Paul. Minnesota." passed by the board of aldermen Sep- tember 20, 1892, and by the assembly October 28, L892, and approved November i, 1892, as the same was amended by sec- tion two (2) of that certain ordinance numbered sixteen hun- dred and forty (1640), passed by the board of aldermen No- vember 3, L892, and by the assembly November 3, 1892, and approved November ), 1892, be and the same is hereby amend- ed by striking out the figures "ls!if" wherever the same oc cur in said section two (2) of said ordinance as SO amended. and by inserting in lien thereof the figures "1895." 2580b. Sec. I. The above amendments to each of the above-named ordinances shall in no way affeel or impair or change any of tin- other terms or provisions or conditions of either of said ordinances or any part thereof. 2580c. Sec. ■>. Said Fifth Ward Transfer Kailwax Com- pany shall file with tin- city clerk of the Cit\ of Si. Paul with in fifteen l L5) days after the passage of this ordinance a writ- ten acceptance of the same on the pari of said company. 6. This ordinance shall take effeel and In- in force from and after its passage and acceptance as above provided. Passed July 26, L894. L01 1 Ordinance No. 1796. (Approved December 28, 1S94.) 2581. An Ordinance amending a part of section two (2) of ordinance numbered sixteen hundred and sixty-two (1662), passed by the assembly Feb. 23, 1893, and by the board of aldermen March 7, 1893, and ap- proved March 9, 1893, entitled "An ordinance granting to the Fifth Ward Transfer Railway Company of St. Paul, Minnesota, the right to con- struct and maintain railway tracks upon a strip of land upon the street or levee in the Sixth and Fourth wards of the City of St. Paul." The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That subdivision one (1) of section two (2) of that certain ordinance numbered sixteen hundred and sixty- two i L662 I, entitled "An ordinance granting to the Fifth Ward Transfer Railway Company of St. Paul, Minnesota, the right to construct and maintain railway tracks upon a strip of land upon the street or levee in the Sixth and Fourth wards of the City of St. Paul," as amended by ordinance numbered sixteen hundred and ninety (1690), passed by the board of aldermen, July 3, 1893, and by the assembly July 5, 1893, and approved July 6, 1893, be amended by striking out the figures "1894," where the same occur in the ninth line of said first subdivision, and inserting in lieu thereof the figures "1895," and by striking out the figures "1895," where the same occur in the thirteenth line thereof, and inserting in lieu of the same the figures "1896" and by striking out the figures "1895," in the second subdivision of said section two (2) of said ordinance num- bered sixteen hundred and sixty-two (1662), and inserting in lieu thereof the figures "1896." 2582. Sec. 2. The above amendments shall in no way affect or impair or change any of the other provisions or con- ditions of said ordinance, or any part thereof. Sec. 3. This ordinance shall take effect and be in force from and after its passage and publication. 1015 Ordinance No. 1860. (Approved December 27, 1895.) 2583. An Ordinance supplemental to ordinances numbered 1638, 1640, and 1662, respectively, of the City of St. Paul, and the amendments thereof, which said ordinances granted to the Fifth Ward Transfer Railway Company the right to construct, maintain, and operate a railroad and railroad tracks along the levee in the Fourth, Fifth and Sixth wards, in the City of St. Paul, upon certain conditions there- in specified. Whereas, heretofore the common council of the City of St. Paul did, in and by virtue of those certain ordinances num- bered sixteen hundred and thirty-eight (1638), passed by the board of aldermen on the twentieth day of September, L892, and by the assembly on the twenty-eighth day of October, L892, approved November T, 1802; and numbered sixteen hun- dred forty (1640), passed by the board of aldermen November ... L892, and by the assembly November 3, 1892, and approved November 7, 1892; and numbered sixteen hundred and sixty- two i L662), passed by the assembly February 23, L893, and by the board of aldermen March 7, 1893, and approved March 9, 1893, grant unto the Fiftli Ward Transfer Railway Company the right to construct, maintain and operate a railroad along thai portion of the levee in the Fourth, Fifth and Sixth wards, in the City of St. Paul, as especially described in the said ordi- -; and whereas, said rights were gsanted upon certain conditions as to the expenditure of certain sums of money and the building of a certain amounl of railroad within the time specified in said ordinances; and. whereas, the time for the fulfillment of the said conditions has been heretofore extended, which extension of time is aboul to expire; and whereas, it ha-> been made to appear to the common council that the fail- ure to comply with such conditions is due to the great finan- cial and business depression which has existed for the past two years; now, therefore, the common council of the City of St. Paul do ordain a f< >lli - See. I. Thai said Fifth Ward Transfer Railway Com- pany shall have until the thirty-first day of December, 1896, L016 in which to fulfill and comply with all those provisions, terms, and conditions named and required to be Eulfilled and per- formed in said ordinances numbered sixteen hundred thirty- eight (1638), sixteen hundred and forty (1640), and sixteen hundred and sixty-two (1662), above referred to, and the time for the fulfillment of said conditions and the expenditure of money and the performance of the work recpiired in said above named ordinances to be done and performed is hereby extended to and until the said thirty-first day of December, . and if said conditions shall be complied with on or be- f< re the said thirty-first day of December, 18!)6, the same shall leemed a full and complete fulfillment of said conditions and requirements named in said ordinances numbered sixteen hundred and thirty-eight (1638), sixteen hundred and forty (1640), and sixteen hundred and sixty-two (1662), the same a-- if done within the~time first named in said ordinances. 2584. Sec. 2, This extension shall in no way change the conditions and terms of said ordinances numbered sixteen hun- dred and thirty eight ( 1638), sixteen hundred and fort}- I 16 10 I, and sixteen hundred and sixty-two (1662), save and except as to the time within which said conditions are to be complied with. Sec. 3. This ordinance shall take effect and be in force from and after its passage. GREAT NORTHERN RAILWAY COMPANY. Ordinance No. 1635. ( Approved Nov. 4, 1802.) 2585. An Ordinance authorizing the Great Northern Rail- way Company, the St. Paul & Northern Pacific Railway Company, and the Minneapolis, St. Paul & Sault Ste. Marie Railway Company, or either or any two of said Companies, to construct a single or double track line of steam railway. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That authority and permission is hereby given and granted the Great Northern Railway Company, the St. ion Paul & Northern Pacific Railway Company, and the Minne- apolis, St. Paul & Sault Ste. Marie Railway Company, or either or any two of said companies, to construct a single or double line of steam railway from block thirteen (13) of Foun- dry addition, in the City of St. Paul, to a point next the in- tersection of Western avenue and the St. Paul & Northern Pacific Railway Company's right of way. and. in doing so, to cross Atwater and .Arundel streets at their intersection with each other, and also to cross Topping street at about one hun- dred and twenty I L20) feet east of the east line of Mackubin street, and also to cross Mackubin street and Burgess streel at or near the intersection of said streets, and Stinson and Front streets, at about eighty (80) feet west of the west line of Mackubin street, and also all other streets necessary to cross in running said double-track line of steam railway north- erly and northeasterly in as convenient a route as possible to the point near the intersection of Western avenue and said St. Paul & Northern Pacific Railway Company. 2586. See. 2. The said grantees herein named shall hold and save the City of St. Paul harmless from any and all dam- costs, and expenses arising or in any manner growing out of the construction of said single or double track line of steam railway, and a judgment for damage againsl the City t. Paul shall be conclusive evidence of the liabilit} of the grantees herein to said cjty, when the said grantees shall have been notified of the pendenc) of the suil in which said judg- ment shall have been rendered. 2587. Sec. '■'<■ In case the common council shall at an\ time deem it necessary to place gates or flagmen at sajd cross ings in order to proteel the people traveling <>n said streets, or such other appliances as will he necessar) for such purp< then, ami in that event, the -aid grantees will construd the or place flagmen at the crossings, or adopl such other appliances for that purpose as the common council shall order. 2588. See. I. The grantees herein named shall within sixty (60) days after the publication of this ordinance, tile their written acceptance of the same with the ,it\ clerk of Pi' 1018 City of St. Paul, in which they shall accept all the terms, pro- visions and conditions of this ordinance, and agree to comply with the same. Sec. 5. This ordinance shall take effect and be in force from and after the publication and acceptance, as provided in the foregi >ing sections. Ordinance No. 2036. (Approved March 31, 1899.) 2589. An Ordinance to compromise certain existing differ- ences between the City of St. Paul and the St. Paul, Minneapolis & Manitoba Railway Company and the Great Northern Railway Company, and to waive the right of opening streets across a tract of land in event of its occupancy by the Great Northern Railway Company as a Site for Railway Shops. Whereas, The City of St. Paul, the St. Paul, Minneapolis & Manitoba Railway Company and the Great Northern Rail- way Company are desirous of amicably adjusting pending liti- gation and all other differences now existing between them. The Common Council of the City of St. Paul do ordain as follows : 2590. Sec. 1. That in an action now pending in the district court of the Second judicial district, in the County of Ramsey and State of Minnesota, wherein the St. Paul, Minneapolis & Manitoba Railway Company and the Great Northern Railway Company are plaintiffs, and the City of St. Paul. Edward J. Kirkland and Albert R. Starkey are defendants, the Corpora- tion Attorney of said city is hereby authorized and directed to stipulate for and procure the entry of final judgment in favor of the plaintiffs and against the city; that plaintiff the St. Paul. Minneapolis & Manitoba Railway Company, is the owner in fee of block eighty (80), Kittson's Addition to City of St. Paul, according to the plat of such addition filed on the first day of May, 1852, in the office of the Register of Deeds of Ramsey county, Minnesota, in Book "A" of Town Plats, on page 18. except so much thereof as it has heretofore con- 1010 veyed by deed to other parties. The said city has acquired a right and easement in that parcel of land between the south side of Third street, and north line of land in said block 80, conveyed by the said The St. Paul. Minneapolis & Manitoba Railway Company to the St. Paul Union Depot Company, as follows: To perpetually maintain the sewer and water main under said parcel of land as now located, with the right to make use of a strip of land eight feet in width on each side of the center line of said sewer, and four feet in width on each side of the center line of such water main, and to enter thereon for the purpose of maintenance and repair, and fi li- the purpose of enlarging said sewer or enlarging existing water main ; but such right and easement shall not prohibit the use of any part of the surface of said block by the said St. Paul. Minneapolis & Manitoba Railway Company, their successors or assigns, for railway purposes, or for the purpose of placing buildings or other structures thereon ; provided, however, that the foundation or supports for buildings or structures erected on the parcel of land covered by such right and easement shall not be so located as to unnecessarily or unreasonably interfere therewith or with the right of said City of St. Paul to maintain, repair or enlarge such water main or sewer, or to construct such additional water main, and to occupy for that purpose such strip of land on each side of the center line of such sewer and water main, but said sup- ports shall be so constructed a- to permil the work of repair or enlargement of such sewer ami water main, and tin- construc- tion of Mich additional water main to be carried on under any track or structurt I upon the surface of the -round over tin- Mime. Tin- ^;i\i\ judgmenl shall confirm the righi of said city to maintain, repair, renew or enlarge said sewer and water main as above expressed, and subject to such righl shall con- firm the title in fee of the St. Paul, Minneapolis & Manitoba Railway Company to all of block eighty (80) not heretofore conveyed by it to tin- St. Paul Union Depol Company. The form of said judgmenl -hall he a ed upon l»\ attorneys representing said city and said Railway Company. 2591. Sec 2. In that certain mandamus proceeding now- pending in the district court of the Second judicial district, in L020 the Count} of Ramsey and State of Minnesota, which is en- titled. "The State of .Minnesota Upon the Relation of the City Paul, Petitioner, Against St. Paul, .Minneapolis & Mani- toba Railway Company, and the Chicago, St. Paul. Minneap- olis f -aid streets within -aid territi »r) . 2594. Sec. 5. No street or alley, or an\ pari thereof, shall hereafter lie opened or located upon or across that certain fact of land situated in the City of St. Paul, described and bounded as follows: On the north by the south line of \t water street and southerly line of Como avenue; on the east L022 by the west line of Arundel street; on the south by the north line of Minnehaha street, and on the west by the east line of Dale street; in order that said tract of land may be reserved intact a> a site for shop grounds and yards and for the erec- tion of the new railroad shops of said Great Northern Railway Company, which said company desires to erect and maintain thereon. 2595. Sec. 6. The St. Paul, Minneapolis & Manitoba Rail- way Company and the Great Northern Railway Company, on or hefore the first day of June, 1899, shall provide and put in lateral bracing and sway bracing between the girders and brac- ing on the trestle bents of the bridge on Jackson street over the right of way of the St. Paul, Minneapolis & Manitoba Railway Company, and also provide and put in proper cross bracing to support the canti-levers carrying the sidewalks on said bridge, and replace the limestone capstones for the posts with Kettle River sandstone capstones, and within sixty days after written request of the City Engineer shall replace the present floor system with a brick pavement on a wooden floor, which shall consist of four-inch Oregon fir on wdiite oak plank, on top of which shall be laid one-inch fencing, then a layer of deadening felt, upon which the paving brick shall rest. Said pavement shall be in accordance with the standard specifica- said city for such pavement; the joints of the bricks shall he grouted or filled ; and when all this is done in a reasonable and proper manner the bridge shall be accepted as having been constructed under and in conformity with the terms of said agreement between said city and the St. Paul, Minneapolis & Manitoba Railway Company dated August 23, 1880. 2598. Sec. 7. The bridge constructed by the St. Paul, Minneapolis & Manitoba Railway Company over its right of way on Snelling avenue shall, on or before the first day of September, 1899, under the terms of said contract of August 23, 1880, be replaced by said company with a new steel bridge having a roadway forty (40) feet wide in the clear, and two sidewalks, each eight (8) feet wide in the clear, and with suitable abutments. The floor of said bridge shall be made 1023 of four-inch pine plank which shall be in strips not over eight (8) inches wide, and laid with spaces three-quarters (^4) of an inch between said strips. On top of such pine plank shall be laid a floor two (2) inch oak plank ; and when constructed and completed in conformity herewith and with the specifica- tion as set forth in section ten of this ordinance, it shall be accepted as having' been constructed under and in conformity with said contract of August 23, 1880. 2597. Sec. 8. The bridge constructed by the St. Paul. Min- neapolis & Manitoba Railway Company over its right of way across Rice street not having been accepted by said city under the provisions of said contract of August 23, 1880, shall be re- constructed, with suitable abutments, under said contract, by the St. Paul, Minneapolis & Manitoba Railway Company, or the Great Northern Railway Company, whenever the city by resolution of its Common Council shall require such construc- tion. The new bridge shall be of steel, of the same width as the present one, having a roadway forty (40) feet wide in the clear, and two sidewalks, each ten (10) feet wide, with buckleplate floor and asphalt pavement, constructed in ac- cordance with the standard specifications of such city for such pavement. When said bridge is constructed in a reasonable, proper manner in conformity with the section and the specifi- cations sel forth in section ten of this ordinance, it shall be accepted as having been constructed in conformity with the terms of said agreem«n1 of Vugusl 23, 1880, 2598. . 9. In pari consideration of the benefits and ad- vantages accruing to the St. Paul, Minneapolis & Manitoba Railway Company and the Greal Northern Railway Com pany under the provisions of this Ordinance, each of said com- pany to granl to the City of St. Paul permission to maintain and use the existing bridge at Raymond avenue over the righl of way of the St. Paul, Minneapolis & Manitoba Railway, and the righl to construd and perpetuall} main tain a bridge with span and supporl under the terms and conditions as expressed in written license or permit executed by the St. Paul, Minneapolis & Manitoba Railway Company, Th • Greal Northern Railway Company and die Minnesota in?! Transfer Railway Company and the Northern Pacific Railway Company, panics n\ the first part, and the City of St. Paul, part) of the second pan. bearing date the first day of April, 1898, and approved by the city by action of its Council on the fourth day of March. L899. 2599. Sec. 10. The bridges to be constructed by the St. Paul, Minneapolis & Manitoba Railway Company, or the Great Northern Railway Company, under the provisions of this ordinance shall in all parts of their structure be propor- tioned for their own weight and live load of one hundred (100) pounds per square foot of roadway and sidewalks. In the floor system a live load of fifteen (15) tons of two thousand (2,000) pounds on four wheels, spaced six by ten (6x10) feet, shall not produce in any member a stress exceeding the unit stress allowed by more than twenty-five (25) per cent. The unit stress per square inch of section for soft steel to be as follows : Live Dead Load. Load. Pounds. Pounds. Roadway and sidewalk stringers, Rolled sections. Built sections, stringers and floor beams. Girders. Reduced by Gordon formula for posts in bents. Shear 10,500 Xumber of field rivets to be tw^enty-five (25) per cent in excess of above requirements. Wind load, 450 pounds per lineal foot of bridge. All wind bracing to consist of stiff members. Least thickness of metal to be used, ^-inch except for lacing post, where it can be 5-16 inch. 2600. Sec. 11. All bridges constructed under the terms of said agreement of August 23, 1880, shall, in all respects not particularly set forth or specified in this ordinance, conform Tension. 10,000 15,000 Tension. 10,000 1 1,000 Tension. 12,000 15,000 Compres- si< >n 12,000 L5.000 1025 to plans and specifications to be made by the Chief Engineer of said city, and submitted to and approved by the said St. Paul. Minneapolis :& Manitoba Railway Company or Croat Northern Railway Company. 2601. Sec. 12. Each of said railway companies shall with- in ten days after the passage and publication of this ordinance file its written acceptance thereof in the office of the City Clerk of said city. Sec. 13. This ordinance shall take effect and be in force from and after its passage, publication and acceptance as herein provided. Ordinance No. 2192. (Approved June 11, 1901.) 2602. An Ordinance to permit and regulate the construc- tion and operation of railroad tracks across Rosa- bel street and along the alley through Block three (3), in Hopkin's Addition to the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Permission and authority is hereby given to the Great Northern Railway Company and the St. Paul, Minne- apolis & .Manitoba Railway Company, or either of them, to construct, maintain and operate, until such time as this per- mission shall be revoked by the Common Council, a railroad sidetrack, for the easterly line of Rosabel streel in Block four i I i of Hopkin's Addition to the City of St. rani. down, across and over and along the alley running easterrj and westerly through Block three (3) in said Hopkin's Addition to the City of St. Paul, westerly to the easterly boundary line of Wacouta streel in said city. 2603. Sec. 2. Said sidetrack across said street and along said alley shall not be used for storage purposes or for storing cars, and all empty cars shall be removed therefrom within five (5) hours after the same are unloaded. 2604. Sec :;. This ordinance shall nol take effeel or be in force until after its passage and publication, and the filing ol 1026 a bond with the City Clerk in the sum of $10,000, to be first approved by the Corporation Attorney, conditioned to save the City <<\ St. Paul harmless in the premises, and renewable from time to time as the Common Council may require. Ordinance No. 2219. (Approved October 23, 1901.) 2605. An Ordinance amending Ordinance No. 2192, ap- proved June 11, 1901. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Section one (1), of Ordinance Xo. 2192, of the City of St. Paul, approved June 11, 1901, is hereby amended by striking out the words "the easterly boundary line of Wa- couta street in said city," being the last ten words, and insert- ing in place thereof the following words, "the westerly bound- ary line of Wacouta street in said city." Ordinance No. 2320. (Approved October 33, 1902.) 2606. An Ordinance granting permission to the Great Northern Railway Company to construct a tunnel under Third street, in the City of St. Paul, for the purpose of transmitting heat and light to its freight houses and other buildings. The Common Council of the City of St. Paul do ordain as follows : Whereas, the Great Northern Railway Company is de- sirous of obtaining the right to construct a tunnel under Third i. for the purpose of heating and lighting its freight houses and other buildings now constructed, or hereafter to be constructed, on the south side of Third street, in the said City of St. Paul, Minnesota: 2607. . 1. There is hereby granted to the Great North- ern Railway Company the right to tunnel under Third street, in said City <>i St. Paul, and to place and maintain therein for the period of twenty-five (25) years from the passage of this 1027 ordinance, steam pipes and electric light wires, for the pur- pose of conveying" steam and electric current from the heat- ing and lighting plants in its general office building, on the north side of Third street, to its freight houses and other buildings now or hereafter constructed, on the south side of said Third street, for the purpose of supplying said freight houses and other buildings with heat and light during said period, upon conditions, however, that said Great Northern Railway Company, its successors and assigns, shall comply with all the provisions of this Ordinance. 2608. Sec. '2. The grantee herein, and its successors and assigns, within the period of thirty (30) days after the pass- age and publication of this Ordinance, shall file in the office of the City Clerk, in the City of St. Paul, its written accept- ance thereof, the same to be in such form as shall be ap- proved by the Corporation Attorney, and shall construct said tunnel and connect said buildings with the proper steam pipes, to be laid therein within the period of three (3) months from the passage and publication of this Ordinance. 2609. Sec. 3. Said tunnel shall be constructed and said steam pipe placed therein under the direction of the Commis- sioner of Public Works of the City of St. Paul, and shall be constructed in such manner as he shall direct, and the grantee herein, its successors and assigns, shall Forever keep and bear harmless the City of St. Paul from any and all damages, costs and expenses in any manner arising oul of the construction and maintenance of said tunnel and steam pipe. 2610. Sec. I. The rights and privileges hereb} granted shall be held and exercised by the grantee herein, it-- su< sors and assigns, subjeel to all the conditions and limitations contained in the Charter of the Cit} of St. Paul, including the filing of tin- statemenl provided for in Section 27, Chapter I \ ., of said Charter, and the payment of a lie i e of five (5) per cent of the gro earning arising from the sale of steam or heat to the buildings so to be supplied under the provision hereof, or in any manner arising from the -;i\<- of heal and lighl in the i ind enj'03 mint of the rights and privili Ik reby Granted. 2611. Sec. 5. The rights and privileges conferred by this ordinance shall not in any manner, directly or indirectly, be void, assigned, leased or in any way transferred to any other •i. company, corporation or association, without first ob- taining the consent of the Common Council of said city by resolution duly passed for that purpose. 2612. Sec. 6. In case the grantee herein, its successors or issigns, shall at any time fail to comply with, or in case of a breach by it of any of the terms, provisions, conditions or limitations contained in or provided for in this Ordinance, all the rights and privileges hereby granted shall terminate, and become forfeited to the City of St. Paul without any further act or ceremony whatsoever. Sec. 7. This ordinance shall take effect and be in force from and after its approval, publication and acceptance, as hereinbefore provided. MILWAUKEE & ST. PAUL RAILWAY COMPANY, CHICAGO, MILWAUKEE & ST. PAUL RAIL- WAY COMPANY, AND ST. PAUL & SIOUX CITY RAILROAD COMPANY. From Article LVIII. of the Municipal Code 1884. 2613. Sec. 6. The Milwaukee & St. Paul Railway Com- pany and the St. Paul & Sioux City Railroad Company are hereby authorized and empowered to locate, construct, main- tain, operate and use two (2) tracks of railroad from the east- ward end of block thirty-nine (39), thence over Second street to the westerly line of Jackson street, in said City of St. Paul, across Jackson (street) and along the public levee, south of and adjacent to the southerly line of block thirty (30) in St. Paul Proper, according to the recorded plat thereof, as re- corded in the office of the register of deeds of Ramsey county, Minnesota, and so on across Sibley street, in said city, and along the public levee to a point of junction with the main track of the first division of the St. Paul & Pacific Railroad, as said last named track is now located, said tracks to be lo- cated as near each other as practicable, and to be laid, con- L029 Structed, and maintained upon the established grade as now. or a* may hereafter be fixed by the common council of said City of St. Paul for the streets or levee grades, and keep said tracks and approaches thereto and between the same at all times in good repair and safe to the public. (Ordinance approved April 9, 1873, § 1.) 2614. Sec. 7. In consideration of the right of way over said streets and public levee, the said .Milwaukee & St. Paul Railway Company, and the St. Paul & Sioux City Railway Company shall grade said public levee From the warehouse now situate at the lower end of the levee where Sibley street, if extended, would strike the Mississippi river, up to the east end of the warehouse, known as the St. Paul & Sioux City warehouse, in height and width as indicated upon the profile of said levee on file in the office of the city surveyor, and in accordance with the established grade of said levee, within six (6) months after the passage of this ordinance. Said grading to be done under the direction and to the satisfaction of the hoard of public works. I Id. §2.) 2615. Sec. 8. The said railroad company shall at all times protect, defend and save harmless the City of St. Paul from all damages from any and all actions at law by all persons owning or occupying property in from or adjacent to said railroad track- cither in block thirty (30), as hereinbefore mentioned or others, by reason of the construction or maintaining said tracks along, over or across the said streel or public levee; provided, that any other rail\\a\ compan) ma\ use said two (2) tracks, and have the righl of wa\ over, on, along and across said streets and public levee, for the purpose of pass ing through said city, under such reasonable conditions and regulations as are usual between railwa} corporations, but no additional track -hall be laid withoul the express consent of the common conned of said City of St. Paul. (Id. §3.) 2616. Sec. 9. Vfter the construction of said double track from and to the point h< n inbefore indicab d, it shall not be lawful for said railroad companies, either of them, or am other 1030 company, to use for any purpose the railroad track now in use across said levee, cast of block thirty-nine (39), during the part of the year that the Mississippi river is open to steam- boat navigation, unless by special permission of the common council, and the right to order said railroad track taken up at any time is hereby especially reserved. (Id. § 4.) 2617. Sec. 10. The said Milwaukee & St. Paul Railway Company, the St. Paul & Sioux City Railroad, and all railway companies using said double track, shall keep said streets clear from obstructions, such as will, or may hinder, or un- reasonably delay or impair the free use and enjoyment of said streets or public levee by the public, except so far as to trans- act the usual and ordinary business of said railroads, but in no case shall said railroads allow Jackson street to be blocked up with cars, trains, engines or otherwise, for a longer period than five (5) minutes at any time. (Id. § 5.) 2618. Sec. 11. Said railroad companies or corporations so using said double track, or either of said tracks, using or own- ing lands, lots, blocks or parcels of land, on or near the line or adjacent to said railroad track or tracks, shall pay such as- sessments as in the opinion and judgment of the board of public works of the City of St. Paul is, or will be, benefited by the improvement, extension, or opening of Second street to Jackson street, which opening or extension is now ordered or to be ordered by said council. (Id. §6.) 2619. Sec. 12. Each company shall be liable separately to the public or individuals for any violation of this ordinance, or damage arising from its separate act or acts of its emploves. (Id. § 7.) 2620. Sec. 1.3. The said Milwaukee & St. Paul Railway Company and the St. Paul & Sioux City Railroad Company, shall within sixty (60) days from and after the passage of this ordinance, file with the city clerk a resolution duly adopted by their respective board of directors, accepting this ordi- nance upon the terms and conditions herein contained; and if 1031 either of said railroad corporations shall fail to accept this or- dinance as herein provided, the same, as to such railroad company so neglecting or refusing, shall be void and of no effect. (Id. §8.) 2621. Sec. 14. The corporation of the City of St. Paul hereby reserves the right to alter, modify, or repeal this ordi- nance, at any time when it may deem it necessary to the public interest or public welfare. (Id. §9.) 2622. Sec. 15. That the Chicago, Milwaukee & St. Paul Railway Company be, and it is hereby, authorized and per- mitted to erect and occupy a wooden freight depot four hun- dred (400) feet in length and forty-eight (48) feet in width, on the bank of the Mississippi river, about one hundred I l (| t>i feet easterly of the building known as "The Davidson ele- vator," and nearly opposite and southeasterly of blocks three i '■'< i and four (4) of Hopkin's Addition to St. Paul; provided, however, that said permit shall be limited to a term of two ( 2 I years. (Ordinance approved July 1!), 1881, §1.) 2623. Sec. L6. Thai permission be and tin- same is hereb} given to the Chicago, Milwaukee & St. Paul Railway Company to take down and remove the "Id freight house which is own ed and used by said company standing next below Sibley streel on tin- levee, and to erect a new freight building upon site now occupied by said old Freight bouse; provided, that the new structure may be extended a distance <>f ten (10) Fei ueanr the Mississippi river than the old one, if the city engi neer shall be of the opinion, that the same shall in no manner interfere with the navigation of said river; and provided fur ther, that said new freighl house shall he built substantially in accordance with the plans on file in the office of the city clerk; and provided, thai the basemenl or lower story fronl ing on the river, shall he laid with substantial floor, and said lower story, together with the platform on the river fronl and thr railway track along the said river front, shall he open and subjeel to tie ii e of the public for all wharfage and transfer 1032 purposes without charge, and a sufficient platform and en- trance For drays shall be provided for said lower story at the end of said building. I < Ordinance approved April 18, 1882, § 1.) Sec. 17. Nothing in this ordinance contained shall be construed as waiving any of the rights of the City of St. Paul i-- and to the real property proposed to be occupied by said building. (Id. §2.) MINNESOTA & NORTHWESTERN RAILROAD COM- PANY. From Article LVIII., Municipal Code 1884. 2624. Sec. 2-4. That permission and authority be, and the same is hereby given and granted unto the Minnesota & Northwestern Railroad Company and its successors, to lay down, maintain, and operate one or more railroad tracks on the entire length of the street or levee fronting on the Mis- sissippi river in the Sixth ward of said city, using, however, no greater width of said street or levee than fifty (50) feet for said railway track, such part or portion of said street or levee, so to be used for said railway tracks, to be designated and fixed by the board of public works of the City of St. Paul, with the concurrence of the common council of said city, whenever requested by said railroad company. i < trdinance approved Jan. 3, 1884, ,§ 1.) 2625. Sec. '!~k The foregoing franchise and right of way, is granted upon the express conditions following, to-wit: 2626. First— That said company shall commence the con- struction of said railroad within the Sixth ward of said city, prior to the first day of June, 1884, and shall continue its con- struction within said ward, so that at least fifty thousand dol- lars ($50,000) shall be expended in the construction of said railroad, within said ward, within the year 1884, and shall en- tirely complete said railroad to the northern boundary of the State of Iowa, within two (2) years thereafter. 2627. Second — That said Minnesota '& Northwestern Rail- road Company, shall at all times defend and save harmless in:;:: the City of St. Paul from any and all damages, expenses, and suits, arising or growing out of the passage of this said levee or street with its cars, trains, or tracks. 2628. Third — That all railway tracks, laid upon said street or levee by said company, shall be laid at grade as such grade shall be established by the City of St. Paul. And said com- pany shall make and maintain proper crossings across said railway tracks, and any other improvements rendered neces- sary, by reason of the use and occupation of said street or levee, by said railroad tracks, whenever recpiested by the board of public works of the City of St. Paul. 2629. Fourth — The said city herd)}- reserves the right to hereafter, by ordinance, allow and permit any railroad com- pany or companies terminating in, or running through said city, to cross the track or tracks of said Minnesota & North- western Railroad Company at any point upon said street or levee. 2630. Fifth — That said railroad company shall establish and forever maintain a freight and passenger depot within the Sixth ward of the City of St. Paul. 2631. Sixth — That the privilege hereby granted, shall be enjoyed subject to all ordinances thai now are, or may here- after be in force, concerning railroads in said City of St. Paul. ( Id. §2.) 2632. Sec. 36. That the Minnesota & Northwestern Rail- road Compan) shall, within ninety (90) days, file with the city clerk, a resolution officially adopted, accepting this ordinance upon the terms, reservations, and conditions herein named And if said company neglect, or refuse, to accepl this, or com ply with the terms thereof all and singular, as aforesaid, then the same -hall be void and of no effect. (Id. § 3.) 2633. Sec. 27. That permission and authorit} is hereby granted unto the Minnesota & Northwestern Railroad Com pany, its successors and assigns, to build, con trucl and for ever maintain and operate its railroad with one oi more trai l in the City of St. Paul, on its Km iw located, over and 1034 across the following named streets and enemies, situate in the Sixth ward of the City of St. Paul, to-wit: Arthur avenue, Wilder avenue, Kobie street, Hoyt avenue, Winifred street, Andrew avenue, Brown avenue, Susan street, Cambridge street, Clinton avenue, Wood street, Eaton avenue, Livingston avenue, Custer street, Plato avenue, Chicago avenue, Indiana avenue, Fairfield avenue, Fillmore avenue, and Starkey street. (Ordinance approved Sept. 16, 1884, § 1.) 2634. See. 28. That the permission and authority herein granted in section one (1) of this ordinance are granted upon the express conditions, viz. : First — That the said Minnesota & Northwestern Railroad Company shall, before they attempt to grade or in any manner interfere with State street construct a highway bridge over and across its right of way on said street of such kind and ma- terial, as shall be ordered by the common council ; providing, that said bridge shall be at least twenty (20) feet in the clear above the grade of the railway. 2635. Second — That the said Minnesota & Northwestern Railroad Company shall bridge or tunnel, as the case may be, any and all other streets that said railroad company may cross with its tracks, whenever ordered by the common council of said city, and the same to be of the kind and material as said council shall approve; provided, that no bridge shall be built over said tracks at an elevation which will give less clear headway over the same than twenty (20) feet. 2636. Third — That said Minnesota & Northwestern Rail- road Company shall make and maintain convenient crossings, where the track or tracks of said company's road crosses any street or alley, according to the directions of the common council of said city. 2637. Fourth — That the said Minnesota & Northwestern Railroad Company shall and will forever indemnify and save harmless the City of St. Paul, against any and all damages, judgments, claims, costs, and expenses of same, which it may suffer, or that may be recovered or obtained from or against said city for or by reason of the granting of such privilege and authority, or for or by reason of, or growing out of, or result- 1035 ing from the passage of this ordinance, or any matter or thing connected therewith, or with the exercise by said company of the privilege hereby granted: 2638. Fifth— The City of St. Paul shad have the right at any time to fcnter upon any of the streets that may be covered by the track or tracks of said Minnesota \ its president, under its corporate seal, provided Mich acceptance be filrd within twenty (20) days from the date of the passage of this ( irdinance. tld. § l.i ARTICLE LXXXIV., MUNICIPAL CODE 1884. (' >rd. 16 l. approved Nov. 1 1. L884. i 2642. Sec. i. That there he. and hereb} is granted, to the Minnesota & Northwestern Railroad Company, permission and authority to build and forever maintain and operate a single track railway over and ai rosa and upon the public levee 1036 t>t" the Sixth ward of said city, from a junction with its present located line in block four I h of Bazille & Robertson's Ad- dition, to a connection with its proposed bridge across the Mississippi river. Also over and across and upon the public levee, from a connection witli its proposed bridge landing at a point nearly opposite the center of block thirt*'-nine (39), St. Paul Proper; thence on a curved line to a junction near the east line of Jackson street, with one of the tracks now ex- isting 'Hi said public levee in front of block thirty (30), of St. Paul Proper. 2643. Sec. 2, That in the construction of said railway, under the privileges hereby "ranted, the grade of said tracks shall be fixed and determined by the city engineer of 'the City of St. Paid, starting at the east line of Jackson street, and run- ning one hundred (100) feet on the present grade of said levee : thence crossing the levee to the first pier on a rising grade, not exceeding one and one-half (lj4) feet in one hun- dred (100) feet; thence on the west bank of the Mississippi river, starting at the south line of the levee at the established grade thereof, running across said levee on a rising grade not exceeding one and one-half (1^) feet in one hundred (100) feet. 2644. Sec. 3. That the location of said bridge, and the tracks hereby authorized to be constructed, shall be substan- tially on the line as shown in a map which the said railroad company has caused to be filed with the city clerk of said City of St. Paul. The foregoing franchise and right of way is grant- ed to and accepted by the Minnesota & Northwestern Railroad Company, upon the express conditions following, to-wit : 2645. First — That as a condition precedent to the construc- tion ot its tracks upon the public levee, the said Minnesota & Northwestern Railroad Company shall complete and build a railroad bridge over the Mississippi river, from and to a junc- tion with the line of railway track, authorized to be built by this ordinance, and have the same ready for the crossing of within nine (0) months after the acceptance of this ordi- nance by -aid company. 1037 2646. Second — That the Minnesota & Northwestern Rail- road Company, and all other companies using the track of railway over and across said public levee, shall at all times keep said public levee or streets crossed by it or them, clear from obstructions, such as will or may unreasonably hinder or delay, or impair the free use and enjoyment of said public levee or streets, and in no case shall the Minnesota & North- western Railroad Company, or any other railroad or other company running" over said track with its cars or locomotives, allow said public levee or streets crossed by them, to be blockaded with its cars, trains, engines, or otherwise, except to cross the same, and no company using said track, shall al- low said levee to be blockaded up or obstructed by its cars or otherwise, for a period longer than three (3) consecutive minutes. 2647. Third— The City of St. Paul reserves the right to make such changes of any grade heretofore or hereafter estab- lished, of the public levees or streets crossed or used by virtue of this ordinance, of said Minnesota & Northwestern Railroad Company, as -it may think proper, and whenever any such change of grade shall be ordered as aforesaid, the Minnesota & Northwestern Railroad Company, must and shall adapt its tracks to the grade as changed, SO as to bring the ties and lay the rails as even with the surface as may be. 2648. Fourth- The common council of the City of St. Paul, by resolution, may direct .said Minnesota & Northwesl em Railroad Company to employ, and keep continually at its own cosl and expense, one I I I or more Ragmen on said levee or street-, and to provide such other safeguard in and aboul its business on the levee, as. in the opinion of said common council, the public safety may require. 2649. Fifth The speed of all locomotives, cars and trams running along and over said levee and streets shall not exi the rate ol four I l I miles an hour, and while in motion the bell of such locomotives shall be regularly sounded to warn persons of danger; provided, thai the said city reserves the right to regulate the rate of speed on said levee, from time to time, as the public interesl may demand, by resolution of the common council. L038 2650. Sixth That the said Minnesota & Northwestern Railroad Compan) shall, from time to time, as ordered and directed by the common council, pay its pro rata share of the For any improvement, for grading, guttering and draining such public levee, and other public improvements of said levee made necessary either by reason of river transportation or public improvement. 2651. Seventh — The said Minnesota & Northwestern Rail- road Company shall, at all times, defend and save harmless the City of St. Paul, from any and all damages, expenses, and suits, arising or growing out of the passage of this ordinance, and the use and occupation of said levees and streets by cars, trains and tracks, as herein authorized and provided, or re- sulting from a failure or neglect to comply with the ordinance, or any resolution of the common council, passed thereunder, as herein provided. 2652. Eighth— The City of St. Paul, may at any time here- after, by ordinance, allow and permit any railroad company or companies, terminating in or running through said city, to 5S the bridge herein authorized to be erected, and the railway track authorized to be laid upon the public levee, and to run aver and across said bridge, and upon and over the said railroad tracks, for the transportation of locomotives and cars, under reasonable and usual regulations governing rail- road corporations in joint use of bridges and railroad tracks, such company or companies to contribute and pay their suit- able share of the cost and value of said bridge, and the cost and value of said railway track, and the repair, expenses and ■ ■tiler charges in using and maintaining the same, and subject to all the conditions and provisions in this ordinance con- tained; provided, said railroad company or companies shall have previously applied to the Minnesota & Northwestern Railroad Company, for said privileges over and across said bridge, and over and along said railway tracks, and shall have been refused the same, upon its offer to accept said privileges, under reasonable and usual regulations, and reasonable and usual rules governing railroad companies in joint use of rail- way tracks and railway bridges. 1039 2653. Sec. 5. The Minnesota & Northwestern Railroad Company shall, within thirty (30) days from and after the passage of this ordinance, file with the city clerk a written ac- ceptance, duly signed by its president and secretary, under the seal of said corporation, which acceptance must be duly authorized by its board of directors, accepting this ordinance upon the terms and conditions herein named, and if said com- pany shall neglect or refuse to accept this ordinance or com- ply with the terms thereof, as aforesaid, then the same to be void and of no effect. Ordinance No. 570. (Approved September 28, 1885.) 2854. An Ordinance granting permission to the Minnesota & Northwestern Railroad Company to cross the public levee at any point between Broadway street and the junction of the Union Depot tracks with the Chicago, St. Paul, Minneapolis and Omaha Railway, formerly known as the St. Paul & Sioux City Railroad, west of Jackson street, and allow- ing and permitting said Minnesota & Northwest- ern Railroad Company to connect with, and to operate and run upon and use, for the transporta- tion of locomotives and cars thereon, all or any of the tracks of the St. Paul Union Depot Company, constructed or used or operated, under or pursu- ant to the provisions of ordinance number one hundred and eighty-nine (189) of the City of St. Paul, duly passed and approved Jan. 10, 1880, from the east side of Broadway street to a junction with the Chicago, St. Paul, Minneapolis & Omaha Railroad, formerly known as the St. Paul & Sioux City Railroad, at a point one hundred (100) feet westerly of Jackson street, in said City of St. Paul. Whereas, by ordinance duly passed and approved on the tenth day of January. 1880, entitled "An ordinance granting the ri.^ht of way to the St. Paul Union Depol Companj over and across the pubnc levee From the east sid< of Broadway 1010 street to the Sioux City Railroad, at a point one hundred (100) feet westerly of Jackson street, in the City of St. Paul," the common council of the City of St. Paul did authorize and em- power the St. Paul Union Depot Company to locate, con- struct, maintain, operate, and use, including those used by the Minnesota Valley Railroad Company, at that time the St. Paul & Sioux City Railroad company, now the Chicago, St. Paul. Minneapolis & Omaha Railway Company, and Milwau- kee ^ St. Paul Railroad Company, now the Chicago, Milwau- kee & St. Paul Railway Company, four (4) tracks of railroad from the east side of Broadway street to a junction with the St. Paul & Sioux City Railroad, now the Chicago, St. Paul, Minneapolis & Omaha Railway, at a point one hundred (100) feet westerly of Jackson- street in said St. Paul, said tracks to be located on the northerly portion of the levee, and so located that the levee to be used and covered by said four (4) tracks should not exceed twelve (12) feet for each railroad track, commencing at a line eight (8) feet southerly from the south line of blocks twenty-nine (29) and thirty (30), St. Paul Proper, thence easterly in a straight line produced to the east- erly line of Broadway street; provided, however, that if but one (1) additional railroad track should be laid under the pro- visions of said ordinance the same should be laid within a limit of thirty-six (36) feet from a line eight (8) feet southerly of blocks twenty-nine (29) and thirty (30) aforesaid ; 2655. And whereas, the said ordinance among other pro- visions contained the following, to-wit : "Seventh — Said city may at any time hereafter, by ordi- nance, allow and permit any railroad company or corporation tt rminating in or running through said city to cross the pub- lic levee at any point between Broadway and the junction of the Union Depot tracks with the St. Paul & Sioux City Rail- road, west of Jackson street, and to operate and run upon and any of the tracks hereby authorized to be located for the transportation of locomotives and cars thereon under reason- able and usual regulations governing railroad corporations in joint use of tracks, such company or companies to contribute and pay their suitable share of the cost and value of the com- mon track, and the repairs, expenses, and other charges in 1041 using and maintaining same, and subject to all the conditions and provisions in this ordinance, provided said railroad com- pany or companies shall have previously applied to the Union Depot Company for said privilege, on one (1) or more of its tracks, and shall have been refused the same, upon its offer to accept said privilege under reasonable and usual regulations and reasonable and usual rules for contribution governing railroad corporations in joint use of tracks." And whereas, the said Union Depot Company, by reso- lution of its board of directors, duly convened, did duly ac- cept said ordinance number one hundred and eighty-nine (189), upon the terms and conditions named therein, which resolution of acceptance was duly filed in the office of the city clerk of said City of St. Paul, and duly accepted and received by the common council of said city on the third day of -March, 1880; And whereas, said Union Depot Company has, under and pursuant to the provisions of said ordinance, and as therein authorized and empowered, located, laid, constructed and adopted, and has now in use and operation certain tracks of railroad between the limits mentioned in said ordinance num- bered one hundred and eighty-nine (189), and located in the place and manner provided by said ordinance as aforesaid. And whereas, the Minnesota & Northwestern Railroad Company, whose railroad now terminates in the said City of St. Paul, has heretofore and on the 23d of September, 1885, in due form, applied to the said Union Depot Company for the privilege of operating and running and using, for the trans- portation of locomotives and ears thereon, the said tracks, so locate!, laid, constructed and adopted and in use. and being operated, by said Union Depol Company, on said public levee, under and pursuant to the provisions of said ordinance num- ber one hundred eighty-nine (189), as aforesaid, upon the terms, conditions and regulations prescribed in said seventh proviso of said ordinance number one hundred eighty-nine I 1 s'.i i, hereinbefore sel f< irth ; And whereas, said application by said Minnesota & Northwestern Railroad Company to said Union Depol Com pany for said privilege on its said tracks, or on am of same 1042 has been and was on said twenty-third day of September, . by said Union Depol Company refused and denied, and i- still by it refused and denied, upon the offer of the said Minnesota & Northwestern Railroad Company, duly made as aforesaid, to accept said privilege under reasonable and usual regulations and reasonable and usual rules for contribution governing railroad corporations in joint use of tracks; Now, therefore. The Common Council of the City of St. Paul do ordain as F( >il iws : 2656. Sec. 1. The Minnesota & Northwestern Railroad Company is hereby authorized, empowered, allowed and per- mitted to cross the public levee in the City of St. Paul with one of its tracks, which shall at all times be properly planked, parallel to and not more than fifteen (15) feet distant towards the river, measuring from center of tracks, from the most southerly track claimed by the Chicago, Milwaukee & St. Paul Railway Company, to a junction with the tracks of the St. Paul Union Depot Company, at any point between Broadway street and the junction of the Union Depot tracks with the Chicago, St. Paul, Minneapolis & Omaha Railway, formerly known as tlie St. Paul & Sioux City Railroad, one hundred (KM)) feet westerly of Jackson street; and to connect its tracks with, operate and run upon and use for the transportation of loco- motives and cars thereon, all or any of the tracks of the Union Depot Company, located, constructed, maintained, oper- : ted, or used on said public levee by the said St. Paul Union I Vpot Com pan}-, from the east side of Broadway street to a junction with the said Chicago, St. Paul. Minneapoli> & < )maha Railway, formerly the St. Paul & Sioux City Rail- road, at a point one hundred (100) feet westerly of Jackson street, in St. Paul, on which said Union Depot Company was authorized and empowered to locate, construct, maintain, i iterate or use, under, pursuant to, and by the terms of ordi- nance number one hundred and eighty-nine (IS!)) of said City of St. Paul, did}- passed and approved on the tenth day i >f January. I - The -aid Minnesota & Northwestern Railroad Company i rcise the privileges, rights and franchises hereby granted 1043 under reasonable and usual regulations governing railroad corporations in joint use of tracks; and the said Minnesota & Northwestern Railroad Company shall be liable, in accord- ance with said ordinance, to contribute and pay its suitable share of the cost and value of the common tracks, and the re- pairs, expenses, and other charges in using and maintaining the same. The rights, privileges and franchises hereby granted are expressly subject to all the conditions and provisions of said ordinance number one hundred and eighty-nine (189) ap- plicable thereto, duly passed and approved Jan. 1<». 1880. 2657. Sec. 2. It is an express condition of the acceptance of this ordinance and the construction and use of the one I 1 I track which the Minnesota cv Northwestern Railroad Com- pany is hereby permitted to construct and use, that any other railroad company may connect with and use said track and have the right of way over, on. along, and across said track on the public levee and the streets thereon and across the same, tinder such reasonable conditions and regulations as are usual between railway corporations using joint tracks, but only after obtaining the express consenl of this city council. 2658. 3. The Minnesota & Northwestern Railroad Company shall, within forty i t0) days from and after the of this ordinance, file with the city clerk a resolution officially adopted, accepting this ordinance upon the onus and conditions herein named: and if said company shall neglecl or e to accepl this ordinance, or complj with the terms thereof, all and singular, as aforesaid, then the same shall be void and i >f n< i efl I. This ordinance to be in force from and after it 1 - passage. MINNESOTA, ST. CROIX & WISCONSIN RAILROAD COMPANY. From Article LVIII., Municipal Code of 1884. 2659. Sec. 31. Thai permission and authorit} be, and the same is hereby given and granted unto the said Minnesota, roix & Wisconsin Railroad Company, and its successors, 10 I I and assigns, to la\ down, maintain and operate one or more track- of its said railway, over and across East Sixth street, near East street; over and across east Fifth street; over and across the alley in block sixteen (16) of Branson's addition lid city, and the right to use and occupy so much of East street as lies south of Seventh street, and north of Fifth street, as may be necessary for the operation of said road. (Ordinance approved Aug. 19, 1884, § 1.) 2660. Sec. 32. The foregoing franchise and right of way is granted upon the express condition following, to-wit: 2661. First— That the said Minnesota, St. Croix & Wiscon- sin Railroad Company will at any time, whenever ordered by the common council of the City of St. Paul, construct over its track a bridge on Fifth, Sixth and East streets, of such kind and material as the common council may order. 2662. Second— That the City of St. Paul shall have the right, at any time, to enter upon that part of said Fifth, Sixth and East streets, that may be covered by the tracks of the said Minnesota, St. Croix & Wisconsin Railroad Company, for the purpose of constructing and repairing sewers ; and for that purpose, if necessary during the progress of said work, the said company shall remove its tracks. (Id. §2.) 2663. Sec. 33. This ordinance shall take effect and be in Ft 'ice from and after the filing in the office of the city clerk of a written acceptance thereof by said company, signed by its president, under its corporate seal, provided such acceptance be filed within twenty (20) days from the date of the passage of this ordinance. (Id. § 3.) 1045 MINNESOTA TRANSFER COMPANY. Ordinance No. 1878. i Approved June 1. 1896.) 2664. An Ordinance granting the Minnesota Transfer Company permission to lay a side track across Cleveland avenue and along Wabash avenue. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That permission is hereby granted to the .Minne- sota Transfer Company to lay a side track across Cleveland avenue, at its intersection with Wabash avenue, and to run on the north side of said Wabash avenue and about twenty feet from the north line of and parallel to same on said Wa- bash avenue to its intersection with Montgomery street; the same to be laid in accordance with a profile accompanying the petition of said grantee. 2665. Sec. '.. 'Idle Common Council reserves the right to repeal this ordinance and require the removal of the track laid pursuant to its terms at any time after the expiration of three years after the passage and publication of this ordinance. Sec. '■>. This ordinance shall take effect and he in Force From and after its passage and publication. Ordinance No. 2101. i Approved March L9, L900.) 2666. An Ordinance authorizing the construction by the Minnesota Transfer Railway Company of a rail- road crossing on Cleveland avenue, near its inter- section with Wabash avenue, and of a single line of track on certain private property abutting thereon. Ihi- Common Council of the City of St. Paul do ordain as f< ill* iws : Sec. I. That the Minnesota Transfer Railwa) C pany he, and it i- hereb) authorized and empowered to construcl a single line of railway trail. ., md avenue, and with L046 the consent of the owner thereof, Eor a distance of >">1 feet over and upon lot No. L40 of Hewitt's Out Pots Division No. Land addition to the City of St. Paul; the crossing at said Cleve- land avenue to be made at a point near the intersection of Cleveland avenue with Wabash avenue, and to conform to the street grade as now or hereafter established, and to main- tain such track across" Cleveland avenue until ordered by the Common Council to remove the same; the work of construc- tion hereby authorized to be done to be subject to the super- vision and control of the City Engineer. 2667. Sec. 2. The said [Minnesota Transfer Railway Com- pany, the grantee herein, as one of the conditions of the per- mission herein and hereby granted, promises and agrees to forever protect and save harmless the City of St. Paul from any liability or damage occasioned by or resulting from the said work of construction, or the laying and maintenance of said single track, whatever the nature of such injury or dam- age, and whether to person or to property. 2668. Sec. 3. This Ordinance shall take effect and be in force from and after its passage, approval and publication, and its acceptance by said Minnesota Transfer Railway Com- pany certified in writing and filed with the City Clerk. Ordinance No. 2161. (Approved January 4, 1901.) 2669. An Ordinance authorizing the construction and maintenance of a railway spur track on Wabash avenue. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Authority and permission is hereby granted to the Minnesota Transfer Railway Company to erect and main- tain a railway spur track on and along Wabash avenue, from its intersection with Cleveland avenue to the easterly line of Hampden avenue, and to operate freight cars thereon for the purposes of receiving and discharging merchandise ; and thereby aiding and serving the convenience of those engaged lot; in and desiring to engage in manufacturing enterprises along the line of said avenue. Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication. Ordinance No. 2288. i Approved May 29, 1902. I 2670. An Ordinance supplemental to Ordinance No. 2161, approved January 4, 1901, authorizing the con- struction and maintenance of a railway spur track on Wabash avenue. The Common Council of the City of St. Paul do ordain as follows : Sec 1. Authority and permission is hereby granted to the Minnesota Transfer Railway Company, in addition to the rights granted under and pursuant to the terms of said ( )rdi- nance Xo. 2161, to erect and maintain a railway spur track on and along Wabash avenue, from a point near the north- easterly corner of lot 139, of Hewitt's (hit L<»ts. Division No. I, to the intersection of Wabash avenue and Cleveland avenue, and to operate freight cars thereon for the purpose of receiv- ing and discharging merchandise; and thereby aiding and serving the convenience of those engaged in and desiring to engage in manufacturing enterprises along the lint' of said avenue. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. Ordinance No. 2353. i Approved February 20, L903. | 2671. An Ordinance authorizing the construction and maintenance of a railway spur track on Myrtle avenue. The Common Council of the City of St. Paul do ordain as folli iws : Sec. 1. Authority and permission is herb) granted to tin Minnesota Transfer Company to ereel and maintain a 10 IS railwaj spur track on and along Myrtle avenue, from its in- tersection with the cast line of Cleveland avenue, to the east- line of Raymond avenue, and to operate freight cars thereon for the purpose of receiving and discharging mer- chandise, and thereby aiding and serving the convenience of those engaged in and desiring to engage in manufacturing and warehouse enterprises along the line of said avenue. 2672. Sec. 2. This ordinance is granted subject to the right of the Chicago, Milwaukee & St. Paul Railway Com- pany to cross the spur-track provided for, at the intersection of Hampden avenue with Myrtle avenue, and may be revoked whenever in the judgment of the Common Council the public interest shall so require. 2673. Sec. 3. The spur-track herein provided for shall be constructed under the supervision and direction of the Com- missioner of Public Works. Sec. 4. This ordinance shall take effect and be in force from and after its passage, approval and publication. Ordinance No. 2450. (Approved June 11, 1904.) 2674. An Ordinance authorizing the construction and maintenance of a railway spur track on Wabash avenue, by the Minnesota Transfer Railway Com- pany. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That authority and permission are hereby given to the Minnesota Transfer Railway Company to erect and maintain a railway spur track on and along Wabash avenue from the easterly line of Hampden avenue to the easterly line of Raymond avenue, and to operate freight cars thereon for the purpose of receiving and discharging merchandise. This permission, however, is granted upon and expressly subject to the following conditions, viz: 2675. 1. That said Minnesota Transfer Railway Com- pany shall save the City of St. Paul harmless from all dam- . 1049 ages, claims, costs, judgments and expenses whatsoever, in any way arising out of the construction, maintenance, opera- tion or removal of said tracks. 2676. 2. That the said tracks shall be taken up and re- moved from said street and the street restored to its original condition whenever the Common Council shall so order. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. Ordinance No. 2491. (Approved Jan. 21, 1905.) 2677. An Ordinance authorizing the construction and maintenance of two additional railway spur tracks on Myrtle avenue. The (.'win moii Council of the City of St. Paid do ordain as follows: Sec. 1. That whereas, in and by Ordinance No. 2353, ap- proved February 20, 1903, the Minnesota Transfer Railway Company was granted authority and permission to erect and maintain a railway spur track on and along Myrtle avenue from its intersection with the. east line of Cleveland avenue to the easterly line of Raymond avenue, and to operate cars thereon for the purpose of receiving and discharging merchandise; and whereas, '-aid Minnesota Transfer Kail- way Companj ha- creeled and i-> now maintaining a single spur track along the center line of -aid .Myrtle avenue, between Cleveland avenue and Raymond avenue, under and by virtue of said ordinance; now, therefore, authority and permission are hereby -ranted to -aid Minnesota Trans Fer Railway Company to ereel and maintain two additional spur tracks on and along -aid Myrtle avenue, from its inter section with the easl line of Cleveland avenue to tin- easterl} line of Raymond avenue, said spur tracks to he erected and maintained one upon the north side and llie Other upon the south side of tlie presenl spur track now maintained by said Minnesota Transfer Railway Company under and by virtue of said Ordinance Mo 2353; and to operate freighl cars upon said spur tracks for the purposi of receiving ami dischai 1050 merchandise and thereby aiding and serving the convenience of those engaged in and desiring to engage in manufacturing and warehouse enterprises along the line of said avenue. 2678. Sec. 2. This ordinance is granted subject to the right of the Chicago. Milwaukee & St. Paul Railway Company to cross the spur tracks provided for, at the intersection of Hampden avenue with Myrtle avenue, and may be revoked whenever, in the judgment of the Common Council, the public interests shall so require. 2679. Sec. •">. The spur tracks herein provided for shall he constructed under the supervision and direction of the Com- missioner of Public Works. Sec. -A. This ordinance shall take effect and be in force from and after its passage, approval and publication. Ordinance No. 2540. (Approved November 9, 1905.) 2680. An Ordinance authorizing the construction and maintenance of a railway spur track across Prior avenue to lots 15 and 16, in Merriam's Outlots, by the Minnesota Transfer Railway Company. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That authority and permission are hereby given to the Minnesota Transfer Railway Company to construct and maintain a railway spur track across Prior avenue to and upon 15 and 16 in Merriam's Outlots, in the City of St. Paul, Minnesota, and to operate freight cars thereon for the purpose of receiving and discharging merchandise. This permission, however, is granted upon, and expressly subject to, the follow- ing conditions, viz : 2681. First — That said Minnesota Transfer Railway Com- pany shall save the City of St. Paul harmless and indemnify gainst all damages, claims, costs, judgments and expenses whatsoever, in any way arising out of the construction, main- tenance, operation or removal of said tracks. L05] 2682. Second — That the said tracks shall be taken up and removed from said street and the street restored to its original condition at the cost and expense of said railway company whenever the Common Council shall so order. Sec. 2. This ordinance shall take effect and be in force from and after its passage, approval and publication. THE MINNESOTA VALLEY RAILROAD COMPANY. From Article LVIII., Municipal Code of 1884. 2683. Sec. 1. The Minnesota Valley Railroad Company is hereby authorized and empowered to locate and const nun its railroad into and through the City of St. Paul, with such num- ber of tracks, switches, turnouts, and side tracks, as may be necessary for the business of said company, over, upon or through any of the streets or alleys, or upon the public levee ai any point between the margin of the Mississippi river and the first bench of bluffs, and to operate and use such tracks with locomotives and cars; except and provided, that the same shall not be located or constructed upon the public levee above or we>t of St. Peter street, or any street north of the public levee, between Jackson and Wacouta streets, nor upon or north of Third street, between Wacouta street and Dayton's Bluff; and provided further, that only a single track shall be located or constructed upon the public levee, or between Sib- li \ and Wacouta streets, with snch tracks, switches, and turn- outs as may be necessary to run cars to and from the transfer warehouse mentioned in section two (2), or to any depot or propert) of said company wesl of Jackson street, and south of the first bluff, but said track shall be single from the wesl line of lack's! ,n tO Sible) Si reel . (Ordinance approved March 16, L868, $ I.) 2684. 2. Said Minnesota Valley Railroad Company are hereby authorized to erect, use. and maintain, on the pub li< levee on the margin of the river, at such poinl as they may select, between Roberl and Wabasha tran fer or freighl house suitably constructed for landing b fainsl the same, or againsl platforms or fender posts, which ma\ be used as a general transfer and storage warehouse, with side 1052 tracks to and from the same as above provided; provided. however, that all boats landing in said warehouse shall be subject to the payment of wharfage to said city, in all respects as if landing at the public levee ; and provided further, that the erection of said warehouse, and the filling or excavation there- tor, or the location and construction of said track between Wabasha and Sibley streets, shall not operate so as to un- necessarily obstruct the free use of the public levee .between said street- or to impair or unnecessarily obstruct the naviga- tion of the river, or to endanger or injure the piers or super- structure of the St. Paul bridge. (Id. §2.) 2685. Sec. •'!. Before the said company shall construct the said warehouse, or any of said tracks between Wabasha and Sibley streets, on said levee, they shall prepare and file in the office of the city clerk a profile of the said ground containing the locality and dimensions of said proposed warehouse, and the proposed location of all tracks, switches, and turnouts be- tween said points, and the estimate of the quantity and char- acter of all filling and excavation proposed to be made bv said company, which may be adopted or amended by the common council : and. when adopted, the said profile, location, and es- timate shall remain on file and shall not be substantially changed or altered by said company, without the consent of said common council. fid. §3.) 2686. See. 1. Said City may at any time hereafter, by ordinance, allow and permit any other railroad company or companies, terminating in or running through said city, to - tlie public levee at any point between Wabasha and Sibley streets, and to operate and run upon and use the main track of said Minnesota Valley Railroad Company hereby au- thorized to be located, for the transportation of locomotives and cars thereon, under reasonable and usual regulations gov- erning railway corporations in joint or partnership use of tracks: such company or companies .to contribute and pay their suitable share of the cost and value of such common track, and the repairs, expenses, and other charges in using 1053 and maintaining the same, and snbject to all the conditions and provisions in this ordinance. (Id. §4.) 2687. Sec. 5. The franchise and right of way is granted to and accepted by said Minnesota Valley Railroad Company upon the express conditions following, that is to say: First — That, as a condition precedent to the construction of said track upon said public levee, said company, or other railroad corporation co-operating therewith, shall complete a railroad bridge over the Mississippi river opposite to or above the point where the east line of Kinney, Bond & Trader's ad- dition to St. Paul touches the Mississippi river, and have the same ready for the crossing of the cars, etc., within three i ;> > » years from the date of the publication of this ordinance ; and the passage of this ordinance shall not stop the said city from granting similar privileges to any other railway company which shall bridge the river at or near St. Paul within said three (3) years. 2688. Second — The said track shall be located upon the grades established or to be established for the streets, alleys, and public levee, by authority of said city (except where the railway grade approaching said bridge shall make the same impracticable), the said city reserving the righl to establish such grades, or to make reasonable alterations of grades here tofore or hereafter established ; also, to enter upon and to lake possession of said streets, alleys and public levee t' 1 "" the pur pose of grading, paving, curbing, or otherwise improving the same, or ordering the same to be improved, at the expen the property fronting thereon; also, to authorize any gas or water company to make such excavations thereon as may be necessary to furnish the same with gas or water. 2689. Third Said railroad company, shall so locate and construct their tracks, switches, and improvements, and the said warehouse, as to afford convenienl and easy crossings or carriageways over and under the same at all street and alley crossings, where required for public convenience and trade; and upon the public levee the) shall be so constructed as to bring the ties and lay the rail as even with the surface of the 1054 ltvee as may be. Said company shall construct and keep in repair all such crossings and all necessary culverts, bridges, dams, drains, and sewers to protect the levee, streets, and private property, and particularly the St. Paul bridge, from all damage 1>\ reason of said tracks and the privileges hereby [ ranted. 2690. Fourth — The speed of all locomotive trains or cars running upon or over any graded street, or the public levee of said city, shall not exceed the rate of four (4) miles per hour, and while in motion the bell or whistle of such locomotive shall be regularly sounded to warn persons of danger. Provided, that said city reserves the right to diminish the rate of speed above prescribed, on the public levee, or upon any particular street, from time to time, as the public interest may demand, by resolution of the council. 2691. Fifth — That the said common council may, at. any Time, provide by resolution, that the companies using said tracks shall keep and employ at their own expense such num- ber of flagmen, and at such particular street or crossings, or point? on said levee, while locomotives or trains are passing, i >r about to pass over the same, as the public safety or con- venience may demand. 2692. Sixth — Said company, and all companies using said tracks, shall keep the streets as free as possible from freights, trains, or cars, and no train, locomotive or car shall be allowed or permitted to unreasonably interfere with the convenient operation of steamboats, railroad freights or passenger traffic, on the public levee, and said company, and its officers, agents, and employes, shall be subject to all police regulations under ordinance, and the laws and ordinances of said city; pro- vided, also, that the tracks of said company shall not be ob- structed by the deposit of goods, or by standing teams, or other obstructions upon the same. 2693. Seventh — Any railway company operating said tracks under this ordinance, expressly assumes the responsi- bility of all damages to life, limb or property, resulting from the failure or neglect to comply with this ordinance, and any 1055 resolution passed and approved thereunder as hereinbefore provided. (Id. §5.) NORTHERN PACIFIC RAILROAD COMPANY. From Article LVIIL, Municipal Code of 1884. 2694. Sec. 2<>. The Northern Pacific Railroad Company is hereby authorized, licensed, and permitted to enter upon, im- prove for railroad, warehouse, depot, and other purposes con- nected with its business as a common carrier, all the streets, alleys, lots, and property now owned or occupied, or which may hereafter be owned or occupied, or in which the Cit) oi St. Paul now has, or may hereafter acquire, any right, title, or interest, situated, lying and being within the following limits, and bounded as follows, viz. : Commencing at a point in the center of Pine street, in Kittson's addition to St. Paul, where the south line of Fourth street intersects the same; thence southerly along the center of Pine street to a point where a line drawn through the center of Prince street inter- sects the same; thence eastwardly along the center of Prince street to the west line of the right of way of the St. Paul. Min- neapolis & Manitoba Railroad Compan) : thence north by the I line of the right of way of the St. Paul, Minneapolis & Manitoba Railroad Company from the center of Prince street to a point where said line intersects the southerl) line of Seventh street; thence along the southerly' line of Seventh streel to the center of Brook street; thence southerl) along the center of Brook streel to the northerl) line of Easl Fourth street; thence southwestern diagonally across Easl Fourth streel to the southerly line of Easl Fourth streel at the point where said line intersects the westerl) line of Kittson street; thence along the southerly line of Easl Fourth streel to the said center line of Pine streel and place of beginning all in the City of St. Paul, Count) of Ramsey, and State of Minne- sota. And said Northern Pacific Railway Company is hereb) authorized, licensed, and permitted to construd railroad bed, tracks and side tracks over and across an) of the streets, alleys, and lamp of said city, within the boundaries aforesaid, and to ever] and construe! thereon machine shops, engine houses, 1056 freight and passenger depots, and any other structure or works necessary to enable it to carry on with greater facility its busi- as common carrier; and the license and rights hereby granted are granted in perpetuity, for the purposes above men- tioned and specified, but for no other purposes, subject only t the rights reserved to the City of St. Paul and the public,' specified in the next section. (( Ordinance approved Oct. 28, 18<9, § 1.) 2695. Sec. 21. It is hereby further ordained, that the mayor and city clerk shall, without unnecessary delay, after the approval of this ordinance by the mayor, convey, by good and sufficient deed or deeds, under the corporate seal of said City of St. Paul, with covenants of seizin and quiet enjoy- ment, to the Northern Pacific Railroad Company, for the use and purposes specified in the foregoing section, all easements, lots and lands of every description owned, or which may be acquired by said city, within the boundaries mentioned and specified in the foregoing section ; provided, that there be, and hereby is, reserved to the City of St. Paul, the right to enter upon all the streets and alleys hereby conveyed or authorized to be conveyed, for the sole purpose of constructing sewers, or extending under the surface such works of public improve- ments as from time to time shall be found necessary by the common council of said city; such improvements to be made, however, in such manner as will occasion the least inconven- ience to said Northern Pacific Railroad Company ; and also reserving to said City of St. Paul and the public the right to use, in common with the Northern Pacific Railroad Company, so much of Fourth street as is included in the boundaries and description aforesaid. (Id. §2.) 2696. Sec. 22. The Northern Pacific Railroad Company and its successors and assigns, is hereby permitted, author- ized, and licensed, to enter upon, occupy, improve, possess, and enjoy, for railroad purposes in perpetuity, the following strip, tract, and parcel of land, situate, lying and being in Kittson's addition to St. Paul, in Ramsey County, Minne- sota, and described as follows, viz: Commencing at a point 1057 on the easterly line of lot eight (8), of Block fifty-two (52), of said Kittson's addition to St. Paul, according to the record- ed plat thereof on file in the office of the register, of deeds of Ramsey county, one hundred (100) feet southerly from the northeasterly corner of said lot eight (8) thence eastwardly thirty-three (33) feet to the center line of Brook street, ac- cording to said recorded plat ; thence southerly along said center line of Brook street and parallel to said eastern line of said lot eight (8) to the northerly line of East Fourth street thence westwardly along said northerly line of East Fourth street forty-eight (48) feet; thence by a right line in a northeastwardly direction to a point on the line dividing said lot eight (8) from Brook street at a point fifteen (15) feet northerly from the southeasterly corner of said lot eight (8) ; thence northerly along the line dividing said lot eight (8) and said Brook street according to said recorded plat to the place of beginning; it being the purpose and intent of this ordinance to grant and vest in the said Northern Pacific Railroad Com- pany the same rights, estate, and premises, included in the above description, conveyed to the City of St. Paul by William Lindeke, by his deed and conveyance of date the twent) seventh day of June, A. D. 1870, recorded in the office of the register of deeds of Ramsey county, in book "FT" of Miscel- laneous Records, on pages three (3), four (1). and five (5), and iK) other or different lands or rights. (Ordinance approved Dee. V. 1879, § 1.) 2697. Sec. 23. Thai the mayor of the City of St. Paul and the city clerk are herein authorized and directed to make, execute, and seal, acknowledge and deliver to the Northern Pacific Railroad Company a deed of the lands, rights and property in the foregoing section described, without unm sary delay and after tin- passage of this ordinance the city comptroller is authorized to countersign the same, as pro vided by the city charter, ami carh deed, so executed and delivered, -hall be effectual to pass to tin- said Northern Pacific Railroad Compan) all the rights, lands, and privil of everj description included in the foregoing boundaries, conveyed to the City of St. Paul by William Lindeke by his deed or conveyance of date the twenty-seventh day of 1058 fune, A. D. 1879, and recorded in book^H" of Miscellaneous Records, in the office of the register of deeds of Ramsey county, and the reservations made in said dc^d by William Lindeke, pertaining to the flow of water, shall be made in the deal hereby authorized, and the right of the City of St. Paul to construct sewers under any portion of the land herein described, shall also be reserved to the City of St. Paul ir said deed. (Id. §2.) Ordinance No. 1966. i Approved January 21, 1898.) 2698. An Ordinance granting the Northern Pacific Rail- way company the right to construct and maintain tracks and operate trains thereover from a point at the southeasterly corner of Block 36, Kittson's Addition to St. Paul, westerly on a curve across Sixth street and across Block 37, and Kittson street to the alley in Block 38; thence westerly through said alley through Blocks 38, 39, 40, 41, 42, 43 and 44, and across the streets intervening between said blocks to the easterly line of Broad- way street. The Common Council of the City of St. Pan! do ordain as follows : Sec. 1. The Northern Pacific Railway Company, its suc- 5£ irs and assigns, are hereby authorized and permitted to construct, maintain and operate a railroad track, with the necessary side tracks and switches through that portion of the City of St. Paid described as follows, to-wit : Commencing at a point on the right of way boundary of the Northern Pacific Railway Company at the southeasterly corner of Block 36, of Kittson's Addition to the City of St. Paul, running thence across Sixth street on a curve westerly through Block 37, of said Addition, and across Kittson street to the alley in Block 38, and said addition, thence westerly through the alley in and across the streets intervening: be- 1059 tween Blocks 38, 39, 40, 41. 42, 43 and 11. to the easterly line of Broadway. 2699. Sec. 2. Said company is authorized to operate over said tracks its own cars and engines and to switch the cars of other companies thereover on such terms as it may agree upon with the companies operating or owning the same. 2700. Sec. :5. Said company its successors and assigns, are authorized to grade said alley to a proper and convenient grade for the purpose herein provided. 2701. Sec. 4. Said company shall, in consideration of this grant, protect and save harmless the City of St. Paul from loss and damage of every kind and description arising from any action or actions which may he brought against said City of Saint Paul on account of the transactions of said Railway Company, its successors or assigns, in or about the construc- tion or operation of said track; provided, that if any such action he brought due notice thereof, in writing, shall he given to the grantees herein, and opportunity shall he afforded them to appear and defend said cause. 2702. Set-. 5. Said track or tracks so constructed shall not he used for the storage of empt) cars, nor shall empty or loaded cars he left to stand thereon longer than may he reasonably necessary for their landing and unloading and the transaction of the business of the shippers and receivers along said line. 2703. Sec. 6. The spur track above mentioned shall he constructed and in operation ;i- far westerly as the easterl) side of Broadway street on or before the firsl da) of June, \. I ). 1898, hut the necessar) sidetracks and switches for the transaction of the business along the line herein described ma) he added from time to time as the necessit) of the bush of tin- shippers, receivers ami grantees herein along the same ma) require, and ih. antee hereb) agrees i" put in the ssar) switches along the side of said spur track to accom modate the business of the propertyowners along such track, and the spur track above referred to shall !>«■ what is known ;.- a surface track, constructed upon the surface of the earth. ] . This i trdinance shall take eff< i i and he in from and after its pa ind publication, and the filing o\ a 1060 written acceptance thereof with the City Clerk by the said Northern Pacific Railway Company. NORTHERN PACIFIC RAILROAD COMPANY AND ST. PAUL & NORTHERN PACIFIC RAILROAD COMPANY. Ordinance No. 957. (Approved June 5, 1888.) 2704. An Ordinance to permit and regulate the construc- tion and operation of railroad tracks along the al- ley in block forty-five (45), forty-six (46), forty- seven (47), forty-eight (48), forty-nine (49), fifty (50), and fifty-one (51), Kittson's Addition to St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Permission and authority is hereby given to the Northern Pacific Railroad Company and the St. Paul & North- ern Pacific Railroad Company, and any railroad company using the tracks of said Northern Pacific Railroad Company and said St. Paul & Northern Pacific Railroad Company, or either of them to construct, maintain and operate a railroad track or tracks down and over the alley running easterly and westerly through blocks forty-five (45), forty-six (46), forty - seven' (47), forty-eight (48), forty-nine (49), fifty (50) and fifty-one (51), Kittson's Addition to St. Paul from the tracks of said Northern Pacific Railroad Company east of said block fifty-two (52) westerly to Broadway street. 2705. Sec. 2. The road or roads who shall build and oper- ate said track or tracks shall receive freight cars on said tracks from any and all railroad companies, and shall deliver freight cars from said tracks to any and all railroad companies on equal terms and for a consideration not exceeding the lowest prices paid for like service in any part of the State of Minne- sota, and without discrimination as to the parties so served. 2706. Sec. 3. The railroad company or companies con- structing and operating said tracks shall first so grade said 1061 alley at their own expense, that said tracks along" same shall cross all intersecting streets at their present grade. 2707. Sec. 1. Said track or tracks along said alley shall not he used for storage purposes or for storing cars, and all emptv cars shall be removed therefrom within five hours after the same are unloaded ; provided, however, that no car shall stand for a longer period than five (5) minutes on streets crossing the line of said railroad tracks. 2*08. Sec. 5. The rights and privileges hereby given are granted upon the express condition that a track shall be con- structed, completed and in operation within twelve (12) months after the passage of this ordinance. I As amended by Ordinance 1063, approved Nov. 20, 1888, § 1.) Sec. 6. This ordinance shall take effect and be in force from and after its passage and publication. RESOLUTION OF COUNCIL. (Approved October 26, 1903.) 2709. Whereas, There was heretofore presented to the Assembly, one of the branches of the Common Council of the City of St. Paul, Minnesota, the petition of the Northern Pa- i ific Railway Compariy, the owner of all the land and property abutting upon and adjoining the streets and alleys hereinafter lamed, praying for the vacation of I. "rust streel between the south line of Sixth streel and the north line of Fifth street; \\ illin- street, between the 90uth line of Sixth streel and the north line of Fifth street; Will street, between the south line of Sixth streel and the north line of Fifth street; Kittson Street, between the SOUth line of Sixth street, and the SOUtll line of Fifth street: also the alley between Fifth street and Sixth Street, from John street to Kittson Street, and more par ticularly described and shown upon the plal annexed to said petition, which said petition is duly verified as required by law and sets forth the facts and rea ons for such vacation; and, 2710. Wherea , The said Vssembhj deemed it expedient that the niattei- therein referred to should be proceeded with and ordered said petition and accompanying plal to be filed of 1062 record in the office of the City Clerk of said city, and ordered said clerk to give notice by publication in the official paper of said city, in the manner and for the time required by law, that said petition and the subject matter thereof would be heard and considered by the Committee on Streets of said As- sembly, at its regular meeting to be held on the 14th day of September, 1903, at four o'clock p. m., of that day at the Coun- cil Chamber in the Court House and City Hall Building, in said city. \<> which said committee said matter was duly re- ferred for hearing and report thereof, and thereupon said pe- tition and plat were duly filed in the office of said City Clerk and said notice was duly given and published as required by law : and 2711. Whereas, The said Committee on Streets of said Assembly, did meet at the time and place above mentioned, [i »r the hearing, investigation and consideration thereof, and did then and there duly investigate and consider the matter of said proposed vacation, and did then and there hear all testi- mony and evidence adduced on the part of the petitioners and all other persons interested in the matter of said proposed va- cation, and did take proof of the matters averred in said pe- tition, and being of the opinion that the prayer of said pe- tition should be granted to the extent and upon the terms hereinafter stated, did duly report its conclusions to said As- sembly, recommending. the adoption of an appropriate resolu- tion, declaring said vacation ; now therefore, it is hereby 2712. Resolved, By the Common Council of the City of St. Paul, that Locust street between the south line of Sixth street and the north line of Fifth street ; Willius street between the south line of Sixth street and the north line of Fifth street; Xeill street, between the south line of Sixth street and the north line of Fifth street; Kittson street between the south line of Sixth street and the south line of Fifth street, and also the alley between Fifth street and Sixth street, from John street to Kittson street, running and extending through blocks forty-one (41), forty (40), thirty-nine (39) and thirty- eight (38), of said Kittson's Addition, be and the same are hereby each and all vacated, subject, however, to the following terms, conditions and reservations hereinafter set forth, that is to sav : 1063 2713. First — Such vacation is upon the express condition that all of said blocks II. t0, 39 and 38 and blocks 31 and 52, or said Kittson's Addition, and all other property now owned by said Northern Pacific Railway Company abutting or front- ing on Fourth, Fifth and Sixth streets, or either thereof, be- tween Broadway and the westerly line of Kittson street in said city, and all of the portions of all the streets and alleys hereby vacated shall for all time in the future be liable to the payment and subject to the lien of assessments for any and all local improvements made in said city, to the same extent and with like effect as if said premises were owned by private irdividuals, and this shall include all local improvements, whether heretofore or hereafter made, the assessment for and cost of which have not already been paid, provided that the property of said company abutting upon the southerly side of Fourth street, between said points shall be liable only for paving assessments. 2714. Second — Such vacation is upon the further express condition that said Northern Pacific Railway Company shall also pay to said city the cost and expense of the enlargement and repairing of the sewer at present existing on Fifth street, from Kittson street to Brook street, not exceeding, however, ;t total expense of Two Thousand Dollars, which shall be held t be the same $2,000.00 required to be paid 1>\ a certain reso Imion approved September 8th, 1903, vacating other portion-, oi the same streets on petition of said company. 2715. Third Such vacation is upon the further express condition that said Northern Pacific Railwa) Company, its Successors and assigns, shall, at its and their Own expense. within eighteen months after the passage and publication of this resolution, erect, construd and fully complete, and there forever maintain the same in proper and safe condition for public travel thereon, a -o..d and substantial steel or iron viaduct, with suitable approaches, beginning at and conned ing with Fourth Streel in said city, at a poinl ;i1 or near the erly line of Kittson street at the southerl} boundary of fifty-two "i -;iid Kittson's Addition; running thence northerly over and a< ross blocks fift) two and ilnru seven of Kittson's Addition to, and connecting with. Sixth street at the Hill! most convenient point between Kittson and Brook streets, in accordance with the terms of a certain contract entered into with said city by said Northern Pacific Railway Company in reference thereto, bearing date August 6th, 1903, and when so constructed said viaduct shall he perpetually dedicated to the public for use as a highway and shall not be crossed or traversed at grade by any railway tracks. 2716. Fourth — Such vacation is upon the further express condition that said city shall have and hereby expressly re- serves to itself, the right, privilege and perpetual easement to keep, maintain and repair all sewers, water mains and pipes and conduits of wdiatsoever character now in. along or under any of the streets, alleys or grounds hereby vacated, and also reserves and shall have the right at any and all times in the future to lay, construct and maintain any further necessary sewers, w r ater mains and pipes and underground conduits for any and all necessary purposes, and to have access to and make the necessary connections with and repairs to any and all thereof along, across and under any or all of the streets, alleys and public grounds above described, and to construct, erect and maintain poles and overhead wires thereon, and to (.'instruct and maintain viaducts, crossings and bridges and piers, abutments and approaches therefor upon any part of said streets and alleys so vacated, and that any and all of the premises adjoining and abutting upon said streets and alleys so vacated shall be liable to assessment for its portion of the c< >st and expense of any such improvements, to the same ex- tent as if said streets and alleys were not vacated and said lises were owned by a priva^ '"-dividual; and the vaca- tion V"-fdn provided for shall not in any manner relieve or discharge said Northern Pacific Railway Company, its succes- sors or assigns, or any other company, from any duty or lia- bility to construct and maintain, wholly or partially at its own expense, such crossings, bridges and viaducts and ap- proaches thereto, over or under its tracks for public travel upon or across any of the streets and alleys hereby vacated, as public necessity and safety may hereafter require, and any such duty and liability in that behalf as may now exist or which would exist in the absence of this vacation, shall remain and continue the same as if such vacation had not been made. 1065 2717. Fifth — Such vacation is upon the further express condition that said Northern Pacific Railway Company, its successors and assigns, shall forever indemnify and save harmless said City of St. Paul from any and all damages, claims for damage, and cost and expense, that may arise or grow out of such vacation, as well as from the construction and maintenance of the viaduct to be built by said company, from any source, or for any cause or reason whatsoever. 2718. Sixth — That in addition to the foregoing, said pe- titioner shall, before this resolution takes effect, pay into the treasury of said City, the sum of One Hundred Dollars, which is hereby fixed in addition to the foregoing as the compensa- tion to be paid by it to said City in consideration of said vacation. 2719. Seventh — That before this resolution shall take effect, and within thirty days from its passage, the said North- ern Pacific Railway Company shall duly execute and file with the Comptroller of said City, an acceptance of the terms and conditions of this resolution, in which il shall affirmatively agree to abide by and perform apon its part all of tin- terms and conditions thereof; such acceptance and agreement to be in a form to be approved by the Corporation Attorney. 1066 ROCK ISLAND (ST. P. T. & TRANS. CO.) Ordinance No. 2295. I Appn »ved August ^. L902.) 2*20. An Ordinance granting permission to the St. Paul Terminal and Transfer Company, a railway cor- poration, its successors and assigns, to construct, maintain and operate railroad tracks along and across certain streets and alleys in the City of St. Paul, between blocks four (4) and five (5), of Marshall's Addition to West St. Paul, upon which is to be located the terminal freight house of the Burlington, Cedar Rapids and Northern Railway Company, of which the Chicago, Rock Island and Pacific Railway Company is the lessee, and the southern boundary of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Permission and authority are hereby granted un- to the St. Paul Terminal and Transfer Company, a railway corporation, its successors and assigns, to construct, maintain and operate one or more tracks, except as hereinafter pro- vided, on its line of railway as now located over and across the following streets, avenues and alleys, in said City of St. Paul, to-\vit : Robertson street. State street, Fenton street, Minnetonka street, Chester street, Wyandotte street, Alabama slreet, Rutland street. Tennessee street. St. Lawrence street, Eaton avenue (in Hitchcock's Addition); Amy street, Nich- olas street. Brott street, -Bancroft avenue, Halsted street, Niagara street. Brown avenue, Congress street, Andrew ave- nue, Kansas avenue, Witham avenue, Arthur avenue, Wini- fred street, Belvidere street, Lucy street, Wyoming street, Versailles street and Annapolis street; the alleys in blocks sixteen (16), twenty-eight (28), and twenty-nine (29), in Dunwell & Spencer's Addition ; the alley in Hornsby's Re- arrangement of block five (5), of Brown and Jackson's Ad- dition; the alley in Thomas' Subdivision of block eleven (11), of said Brown and Jackson's Addition; it being the intent and the purpose of this ordinance to grant permission and au- 106*3 thority to said company, its successors and assigns, to con- struct, maintain and operate its line of railway with one or more tracks, except as hereinafter provided, over the streets and alleys upon its line, as the same is now located between the terminal freight house of the Burlington, Cedar Rapids and Northern Railway Company of Iowa, in blocks four (4) and five (5), of Marshall's Addition to West St. Paul (of which the Chicago, Rock Island and Pacific Railway Com- pany is the lessee) to the south city limits of said City of St. Paul, substantially according to the map or blue-print pre- sented herewith and to be filed in the office of the City Clerk of said City of St. Paul and marked "Exhibit showing pro- posed location of line of railway of St. Paul Terminal and Transfer Company." 2721. Sec. 2. The permission and authority herein grant- ed by section one of this ordinance are granted upon the fol- lowing express conditions: That the said company, For it- self, its successors and assigns, shall agree in writing to hence- forth pay its proportionate share of any and all street im- provements abutting the northerly two-thirds of blocks four (4) and five (5) and six (6), of Marshall's Addition to Wesl St. Paul (except lot fifteen (15), of said block six Hi), in which said company is not interested), and the southerly half of blocks twenty (20), nineteen (19), eighteen (18) and seven- teen (17), of Brooklynd; and shall, also in writing agree, for itself, its successors and assigns, to pa} its proportionate share of any and all >treet improvements abutting any other prem- ises or portion- of said blocks four i I), five (5) and six (6), o' said Marshall's Addition, which said company, or an) other railway company claiming under it the right to Use the pri\ ileges herein proposed to be granted shall hereafter acquire, whether such portions -had be used lor railwaj purposes or lot: That the grade of the track or tracks of said company shall be made to conform substantiall) to the grade of State street in crossing said streel and to the grade of the other streets, avenues and alleys in crossing said streets, avenues and alleys herein referred to when such grade ma) be estab lisheel by the Commissioner of Public V nd the Com mon Ci luncil i if said cil \ , 1068 Said company shall at its own expense make and main- tain convenient crossings where the track or tracks of said company may cross any avenue, street or alley which is now 01 ma\ hereafter be open and used for public travel, as it may be required or directed to do by the Common Council of said city, and said company may by said Common Council be re- quired to plank- such portion of any of said crossings. And ?aid company shall bridge or tunnel as the case may be any and all traveled streets now or hereafter existing that said company may cross with its tracks as herein provided, when- ever ordered by the Common Council of said city and the same shall be of the kind and material which said Common Council shall approve, provided that no bridge shall be built over said tracks at an elevation which will give less clear headway over the same than twenty (20) feet. The Common Council of said City of St. Paul by resolu- tion may direct said company to employ and keep continually at its own cost and expense one or more flagmen on any of said traveled streets. now or hereafter existing and may direct said company to provide such other safeguards in and about the traveled street crossings hereinbefore referred to, includ- ing the construction and maintenance of gates at any of said traveled crossings as in the opinion of said Common Council the public safety may require. Said Common Council reserves the right to make such further reasonable regulations as the public interests may re- quire, and may prevent said company, its successors and as- signs, from permitting its cars or engines to be left standing upon any of said streets, avenues, or alleys, so as to obstruct public travel. Said City of St. Paul and the Common Council thereof re- serves the right to excavate in said streets, avenues, and alleys at any and all times, for the purposes of constructing sewers and laying water and gas mains therein, and for any other municipal purpose, and the said company, its successors and assigns shall pay the increased or additional costs, if any, for making excavations for such purposes by reason of the exist- ence of said track or tracks upon said avenues, streets or alleys. The estimate of the Commissioner of Public Works, 1069 of the said Citv of St. Paul shall be final and conclusive as to the amount of said increased cost. The said St. Paul Terminal and Transfer Company, its successors and assigns, shall hold the City of St. Paul harm- less from any and all damages occasioned by reason of the construction, maintenance and operation of said line of rail- way across said avenues, streets, and alleys. All such dam- age, if any there be shall be adjusted and paid by the St. Paul Terminal and Transfer Company, its successors and assigns, and said company shall assume the defense of any and all suits brought for the recovery of the same, intervening there- in, if necessary, for such purpose, and will wholly relieve the City of St. Paul for defending the same and will assume and pay all judgments recovered therein. Said company, its successors and assigns, shall also, in the construction, maintenance and operation of said line of rail- way over said avenues, streets and alleys conform to all law- ful and reasonable regulations now in force or which shall be made by said Common Council with reference therein, and the privileges hereby granted under section one of this ordi- nance shall be subject to all general ordinances thai are now or may hereafter be in force concerning railroads in the City of St. Paul; providedj however, anything herein to the con- trary notwithstanding the number of tracks to be constructed, maintained and operated over the streets herein mentioned be tween Alabama street on the north and southern boundary o; said city on the south shall be limited to two. Additional tracks ma\ hereafter he constructed over and across sail streets within the aforesaid limits upon permission first being obtained from the Common Council of said city. 2722. Sec. :; . Before this ordinance shall be in force or shall take effect, -aid St. Paul Terminal and Transfer Com pan) .shall accept the same by filing with the City Clerk <'t the City of St. Paul within sixty days from the p&SSage of this ordinance, for itself, its successors and assigns, its written acceptance thereof executed by its proper officers consenting to tin- terms and conditions hereof and agreeing for itself, its successors and assigns to perform all acts and things herein required to he done by said company and by filing within said 1070 period an agreement to be executed by the proper officers of the Chicago, Rock Island & Pacific Railway Company guaran- teeing to the City of St. Paul the faithful performance by said St. Paul Terminal & Transfer Company of all the terms and conditions hereof upon its part to be performed. A failure upon the part of either of said companies in this paragraph mentioned to either file such acceptance or such guarantee as herein stated with the City Clerk of said city within the time aforesaid shall render this ordinance null, void and of no effect. Sec. 4. This ordinance shall take effect and be in force from and after its passage, approval and publication, and the filing of the acceptance and guarantee herein provided. ST. PAUL UNION DEPOT COMPANY. From Article LVIII., Municipal Code of 1884. 2723. Sec. 34. The St. Paul Union Depot Company is hereby authorized and empowered to locate, construct, main- tain, operate, and use, including those now authorized by ordi- nance of the City of St. Paul to be laid, operated, and used by the Minnesota Valley Railroad Company, now the St. Paul and Sioux City Railroad Company, and the St. Paul & Mil- waukee Railroad Company, four (4) tracks of railroad, from the east side of Broadway street to a junction with the St. Paul & Sioux City Railroad, at a point one hundred (100) feet westerly of Jackson street, in said St. Paul, said tracks to be located on the northerly portion of the levee, and. so lo- cated, that the levee to be used and covered by said four (4) tracks, shall not exceed twelve ( 12) feet for each railroad track, commencing at a line eight (8) feet southerly from the south line of blocks twenty-nine (2D) and thirty (30), St. Paul Proper; thence easterly in a straight line produced to the east- erly line of Broadway street : provided, however, that if but one ( 1 ) additional railroad track shall be laid under the pro- visions of this ordinance, the same shall be laid within a limit of thirty-six (36) feet, from a line eight (8) feet southerly of blocks twenty-nine (29) and thirty \-U)J aforesaid; said tracks to be laid, constructed and maintained upon the established grade as now, or as may hereafter be, fixed by the common m;i council of said City of St. Paul for said levee, and said depot company shall keep said tracks, and approaches thereto, across Jackson and Sibley streets, and between the same, at all times planked or paved and in good repair and safe For travel. (Ordinance approved Jan. 10, 1880, § 1 » 2724. Sec. 35. The foregoing franchise and right of way is granted upon the express conditions following, to-wit: First — That the said St. Paul Union Depot Company, shall, by May 1, A. 1). 1880, obtain, and record in the register's office of Ramsey County, a deed conveying to it the title to the south half ( '_•) <>f blocks three {'■'>) and four I 1). in Hop- kin's addition, to St. Paul, and the south half i ' _• > of block twenty-nine (29), in St. Paul I 'roper, and shall erect and have read}' for use by Dec. 1, A. D. 1880, upon said blocks, a union depot building, costing not less than seventy-five thousand dollars ($75,000), and in addition thereto, shall construct and have ready for use by said December 1st, such number oi tracks, switches, turnouts, and side tracks, as may be neces sary for the business of said company. 2725. Second — That the said St. Paul Union Depot Com- pany, and all railroad companies, using any of said tracks as aforesaid, shall at all times keep Jackson and Sible) streets. clear from obstructions such as will or may unreasonably hinder or delay or impair the free use and enjoymenl i if said streets or public levee | but in no case shall said depol pany, or any railroad C*ompan) running over said tracks with its ear- or locomotives, allow Jackson street to be blocked up with it- car-, trains, engines, or otherwise, excepl to cross the same ; and no compan) using said tracks, or an) of them, shall allow Sibley streel to be blocked tip or obstructed, b) its or otherwise, for a longer period than three (3) consecu live minutes. 2726. Third The Common Council may, b) resolution, di reel saiil Union Depol Company, to emplo) and keep continu ally, al its own cost and expen e, a flagman at the fool of Jack son street, and one at the foot of Sibley street, and to provide such other safeguards in and aboul its business »n said levee, as in the opinion of said council the public safet) ma) require. in;-.' 2727. Fourth — The speed of all locomotives, trains, or cars running along and over said levee, shall not exceed the rate of six (6) miles an hour, and while in motion the bell of such locomotive shall be regularly sounded to warn persons of danger; provided, that the said city reserves the right to regu- late the rate of speed above prescribed on said levee, from time to time, as the public interest may demand, by resolution of the common council. 2728. Fifth — That the said Union Depot Company shall, from time to time, as ordered and directed by the common council, pay its pro rata share of the cost of any improvement for grading, guttering, draining, or paving said public levee, and any other improvement of said levee, made necessary to the river transportation and public interests, by reason of the use and occupation of said tracks as herein provided on said levee ; said pro rata share being in the proportion, as the amount of levee authorized to be used under this ordinance, is to all the levee from the east side of Broadway street to the west side of Jackson street. 2729. Sixth — The said Union Depot Company, shall at all times defend and save harmless the City of St. Paul, from any and all damages, expenses and suits, arising, or growing out of the passage of this ordinance and the use and occupation of said levee and streets, by cars, trains, and tracks as herein authorized and provided, or resulting from a failure or neglect to comply with this ordinance or any resolution of the com- mon council passed thereunder, as therein provided. 2730. Seventh — Said city may at any time hereafter, by or- dinance, allow, and permit any railroad company or compan- ies, terminating in or running through said city, to cross the public levee at any point between Broadway and the junction of the Union Depot tracks with the Sioux City railroad, west of Jackson street, and to operate and run upon and use any of the tracks hereby authorized to be located, for the trans- portation of locomotives and cars thereon, under reasonable and usual regulations governing railroad corporations in joint use of tracks, such company or companies, to contribute and pay their suitable share of the cost and value of the common in;:: track, and the repairs, expenses and other charges in using and maintaining the same, and subject to all the conditions and provisions in this ordinance, provided, said railroad company or companies, shall have previously applied to the Union Depot Company for said privilege, on one or more of its tracks, and shall have been refused the same upon its offer to accept said privilege, under reasonable and usual regula- tions and reasonable and usual rules for contribution govern- ing railroad corporations in joint use of tracks. (Id. §2.) 2731. Sec. LSG. The St. Paul Union Depot Company shall, within sixty (60) days from and after the passage of this ordi- •. hie with the city clerk, a resolution officially adopted. accepting this ordinance upon the terms and conditions herein named ; and if said company shall neglect or refuse to accept this ordinance or comply with the terms thereof, all and singu- lar, as aforesaid, then the same shall be void and of no effect. (Id. §3, as amended Feb. 17, 1880. See a resolution of the common council, approved Jan. 6, 1880, vacating cer- tain streets, etc., found in council proceed- ings for the year 1880, page 8.) Ordinance No. 2172. (Approved February '25, 1901.) 2732. An Ordinance vacating a portion of the public levee in the City of St. Paul. Whereas, The St. Paul Union Depot Company is the owner of lots seven to twelve inclusive in block twcut\ nine of St. Paul Proper, and lots seven to twelve inclusive in block three, and lots four, five and six in block four of Hopkin's ad- dition, also a strip of land lliirlv ei-ht feet wide adjoining said Iots-in blocks three and four on the southerl) side thereof, formerly being a pari of the public levee which was vacated by resolution of the Common Council of the City of St. Paul, approved January 8th, L880, all in the Cit} of St. Paul, Ram- sey County. Minnesota, and said propert) constitutes more than one-half of the frontage of all the land abutting on the public levee in the City of St. Paul, between the east lim ol 1074 Sibley street and the east line of Broadway street, and lying hot ween said three blocks and the Mississippi river, and did, on the seventh day of June. 1900, duly petition the Common Council of the City of St. Paul to vacate that part of said public levee above described, which petition set forth the facts and reasons for such vacation, and was accompanied by a plat of the portion of said levee proposed to be vacated, and was duly verified by the oath of one of the officers of said pe- titioner, which petition was duly filed with the City Clerk of said City on the last day named, and. Whereas, The assembly of the City of St. Paul, one of the branches of the Common Council thereof, on said seventh dav of June, 1900, duly ordered that said petition be heard before the Committee on Streets, which is one of the standing- Committees of said Assembly, on the sixteenth day of July, 1900, at four o'clock in the afternoon of that day, in the Council Chamber in said City of St. Paul, and that notice thereof be published in the official paper of said city in the manner required by law, and, Whereas, Due notice was published in the Daily Pioneer I 'ress, or 'official paper of said city, for four weeks, once in each week, commencing on the eighth day of June, 1000. and ending on the twenty-ninth day of June, 1000, to the effect that said petition has been filed with said City Clerk, stating in brief its object and that the same would be heard and con- sidered by the Committee on Streets of said Assembly, on said sixteenth day of July, 1000, at -4 o'clock in the afternoon of that day. in the Council Chamber, in said city; and. Whereas, Said Committee on Streets of said Assembly, at the time and place last mentioned, did meet, hear and con- sider said petition, and have continued and adjourned the hearing of said petition and the subject matter thereof from time to time, until the Fourth day of February, 1901, at the Council Chamber, in said city, upon which last mentioned date said committee decided to grant the prayer of said petition, hereinafter set forth, and to that end has reported to the Common Council its recommendation in the premises, includ- ing a recommendation that the following ordinance be adopted : L075 Now, therefore, the Common Council of the City of St. Paul do ordain as follows: 2733. Sec. 1. That so much of the public levee in the City of St. Paul as lies between the east line of Sibley street and the east line of Broadway street, in said city, and between block twenty-nine of St. Paul Proper, and blocks three and four of Hopkins' Addition to St. Paul and the Mississippi river, be, and the same is hereby vacated and discontinued, and the Mayor, Comptroller and City Clerk are hereby au- thorized and directed to make, execute and deliver a Quit Claim Deed, conveying and releasing' all right, title, interest of the City of St. Paul, in the above described premises, to the St. Paul Union Depot Company, said vacation, however, to take effect and said deed to be delivered upon the condition that said company within the time and in the manner herein- after specified, shall comply with all the terms, conditions and requirements hereinafter contained, and not otherwise. 2734. Sec. 2. In consideration of the vacation by the mu- nicipal authorities of the City of St. Paul, of the portion of the public levee hereinbefore described, the St. Paul Union Depot Company within eight months after the passage and publication of tins ordinance, shall procure to be conveyed to Hi ■ City of St. Paul, by g 1 and sufficient deed, all of lot thirteen of block thirty of St. Paul Proper, now owned by the Chicago, Milwaukee & St. Paul Railway Company, For the purposes of an enlargement of Sibley street, and shall, within the period of eighl month, from and after the passage and publication of this ordinance, remove the buildings now stand- ing upon said lot, grade the surface of the ground and pave the same to correspond with Sibley street, now located in from of said i,,t, and shall pul down upon the northerly, terly and southerl) sides of said lot, ;i^ so graded and payed, or in ben thereof, at such point a- tin- Cit) Engineer of said Mi> shall direct, a proper and suitable -.tone sidewalk ot the same general design and construction as the present sidewalks on said Sib el in front of said property, using so much of tin- material now in use as ma) be suitable there for. all of said work to be done under the direction of the Cit) Engineer of the City of St. rani, to his satisfaction and ap proval, and without expense to said city. L0?6 2735. Sec. 3. In further consideration of the vacation of said levee, said Union Depot Company shall proceed forth- with to procure a river harbor line, to he established by the United States government, beginning at the northerly shore abutment or pier of the Chicago Great Western Railway bridge crossing the Mississippi river west of said Sibley street, and extending easterly along the east side of said river to some point below the easterly line of said Broadway street, to be designated by the government authorities, and said St. Paul Union Depot Company shall fill in the river to the line so es- tablished as far down the river as the east line of Broadway street, at least, bringing the same up to the present grade of the abutting property, constructing all necessary walls or piling and thoroughly riprapping the shore wherever unpro- tected by piling or stone walls and shall extend the present dock facilities upon the portion of the levee above the east line of Sibley street to the established river line, putting in said masonry walls at the foot of Jackson street and Sibley street, similar to those now maintained, and shall reproduce at the water line the present pile and timber construction be- tween the Chicago Great Western Railway bridge and Jack- son street, and between Jackson street and said east line of Sibley street, and shall cause the two freight houses, one lo- cated just west of Jackson street, and one between Jackson and Sibley street, and now used for the discharge and receipt of river freight, to be moved as near the water line as they now are, and rebuilt, and shall also .cause the space acquired by filling in to the water line to be established with the con- sent of the United States Government, as hereinbefore pro- vided, and between the end of the present paving at the foot ol Sibley street, and between said Jackson and Sibley streets, to be paved with granite block, laid in sand, except such por- tions of said space as shall be taken up by buildings and tim- ber platforms, all of said shore extension, filling, walling, pil- ing, riprapping, paving, moving of buildings, timber construc- tion and other necessary and requisite construction of £hat portion of the levee above the east line of said Sibley street, to be done by the said Union Depot Company under the di- rection of and to the satisfaction and approval of the City Engineer of the City of St. Paul, without expense to said city, 1077 and the City of St. Paul hereby consents that the St. P,atil Union Depot Company and the Chicago, .Milwaukee ec St. Paul Railway Company may till out the shore to such harbor line when established east of Sibley street as they may see tit in accordance with such requirements as may be made by the Tinted States Government. 2736. Sec. 4. In further consideration of the vacation of the portion of said levee hereinbefore described, and as a con- dition thereto, said St. Paul Union Depot Company shall, within the period of six months after the passage and publi- cation of this ordinance, procure the Chicago, Milwaukee & St. I 'aid Railway Company to execute and tile in the office of the City Clerk of said city its written consent thereto, duly authorized by its Board of Directors, including the abroga- tion of the existing lease between the City of St. Paul and said Chicago, Milwaukee & St. Paul Railway Company, whereby said company, at a fixed rental, is authorized for a term of years to maintain certain tracks and warehouses upon said lexer between Sibley street and Broadway street, and shall also, within said period, procure and have recorded in 'lie office of the Register of Deeds, in and for Ramsey County, Minnesota, a proper <\vvd of conveyance from said Chicago, Milwaukee & St. Paul Railway Company to said St. Paul Union Depol Company, of all the right, title and interest ol said form. ]■ company in and to so much of the ground now in- cluded in the said public levee between the easl line of Sib- ley streel and tin- cast line of Broadway street, as shall enable said St. Paul Union Depol Company to construct and main tain thereon six additional station tracks and the necessar} platforms and appliances in connection therewith, to accom modate passengers in entering upon ami alighting from trains standing upon such tracks, said new tracks to be located im- mediatel) south of ami substantiall} parallel with the ti now owned, used and operated by said Si. Paul Union Depol C pany, the exacl area, dimensions and boundar} of the land ed to be indicated and s.-i down in said re provided. 1080 Ordinance No. 2220. i Approved October 24, 1901.) 2741. An Ordinance authorizing the St. Paul Union Depot Company, the Chicago, Milwaukee & St. Paul Railway Company and the Chicago, St. Paul, Min- neapolis & Omaha Railway Company, jointly or severally, according to their respective interest, to locate, construct, maintain, operate and use a new system of rearrangement of railway tracks and connections, across Sibley street, thence westward- ly upon the public levee and Water street, as" far as the easterly end of block thirty-nine of St. Paul Proper. Whereas, The enlargement of the premises and facilities of the St. Paul Union Depot Company provided for by the ordinance of the City of St. Paul, entitled "An Ordinance Va- cating a Portion of the Public Levee of the City of St. Paul," approved February 25, 1901, and the consequent removal southward of the freight houses and freight tracks of the Chi- cago, Milwaukee & St. Paul Railway Company east of Sibley street, require a rearrangement of the trackage and connec- tions of said companies and of the Chicago, St. Paul, Minne- apolis & Omaha Railway Company, as far westward from the easterly line of Sibley street as to the easterly end of Block thirty-nine of St. Paul Proper. The Common Council of the City of St. Paul do ordain as follows : 2742. Sec. 1. Instead of the double tracks now owned in common, but severally operated by the Chicago, Milwaukee & St. Paul Railway and the Chicago, St. Paul, Minneapolis & ( >maha Railway Companies, across Sibley street, thence west- ward upon the public levee and Water street as far as to the easterly, end of Block thirty-nine of St. Paul Proper, and in- stead of the track of the St. Paul Union Depot Company next southerly thereof extending to a connection with the track of the Chicago Great Western Railway Company, and instead of the several cross-overs connecting the several tracks aforesaid, the said several companies, other than the Chicago Great 1081 Western Railway Company, are hereby authorized and em- powered to locate and construct, either each for itself, or any of them by any other of them, and thereafter to maintain, operate and use. either according to their respective owner- ships hereinafter mentioned, or as the}" may as between them- selves, at any time hereafter agree to allow mutual uses, the several traeks and connections in the respective locations thereof hereinafter defined and represented upon a blue print map identified by the signatures of James K. Markham. ( ). Claussen, M. D. Rhame and F. \Y. Knot, filed in the office of the Clerk of this city on the nineteenth day of < >ctober, 1901. The two tracks so represented and upon said blue print respectively designated as "Joint Track C, M. & St. 1'. Ry. and C. St. P., M. & U. Ry." now owned by the Chicago, Mil- waukee & St. Paul Railway Company and the Chicago, St. I 'auk Minneapolis & Omaha Railway Company in common, represent the two tracks authorized by Ordinance No. 56, of said city, approved April 9, is;:;, ami entitled "An Ordinance Granting the Right of Way on. Over, Across and Along Cer tain Streets and tin- Public Levee in the City of St. Paul to the Milwaukee & St. Paul Railway Compan) and the St. Paul & Sioux City Railway Company," but slightly further separ ated ami the more northerly thereof slightly deflected north wardly. Such change of position and such deflection are here- by authorized; and to the said two tracks in their respective locations represented upon > a i < 1 blue print all the provisions of the ordinance lastly mentioned shall, a-- Far as applicable. apply in all respects as if the said two tracks had been orig inally thereby authorized, and originall} constructed, in the ■ i( m- hereb) authorized. The track represented and colored red upon said blue prim thereon twice designated "C, M. & St. I'. Ry.," and therein represented as running aero - Sibley streel and upon the public levee from a point just east of the easterl) line of Sibley street, to ,-i connection with each joinl track aforesaid, is hereby authorized as Ehe continuation i . . each connection lastly mentioned of the through freighl track of said Chicago, Milwaukee & St. Paul Railway Company, in the place and stead of the through freighl track ol the companj lastly L082 named, which is now partly upon the vacated portion of the levee between Sibley and Broadway streets and next south of the present transfer track of said Union Depot Company, and now extends westwardly from the easterly line of Sibley street co a oonnection with each joint track aforesaid. The two cross-overs represented upon said blue print as in Sibley street, marked "U. D. 1" and "U. D. 2," the track designated upon said blue print "U. D. 3," and thereon repre- sented as crossing" Sibley street next southerly of* said pro- posed through freight track of said Chicago, Milwaukee & St. Paul Railway Company, the two tracks thereon represented as crossing Sibley street next northerly of said proposed through freight track, thereon respectively designated "U. D. 1" and "U. D. 5," and their respective extension westward as upon said blue print represented, are hereby authorized in their respective locations shown by said blue print, as Union Depot tracks and connections between the tracks of the Union Depot Company as the same will be rearranged and increased from Sibley street eastward and the tracks of the several rail- way companies westward from the easterly line of Sibley street. The center line of said proposed "Through Freight Track*' shall, at the easterly line of Sibley street, be not more than four hundred and eleven (411) feet southeasterly from the southeasterly corner of Sibley and Third streets, as now established ; and the center line of the most southerly pro- posed Union Depot Track (U. D. 3) above mentioned and authorized, shall, at the westerly line of Sibley street as platted, be not more than four hundred and two and sixteen one-hundredths (402.16) feet southeasterly from the south- westerly corner of Sibley and Third streets as now estab- lished, and shall, at its crossing of the track designated "U. D. 5/' be not more than three hundred seventy-two and tw r enty- five one-hundred (372.25) feet southeasterly from the south- erly line of Third street, and the center line of said track des- ignated "U. D. 5," shall, at its connection with the center line of the track of the Chicago Great Western Railway Company, which is upon said blue print designated "C. G. W. Track," be not more than three hundred seventy-five (375) feet south- eastern- from said southerly line of Third street. 1083 To all such rearranged or relocated tracks and cross- overs of said Union Depot Company, all the provisions of the ordinance of said city No. 189, approved January b>, 1880, and entitled "An ( Irdinance granting the right of way to the St. Paul Union Depot Company over and across the public levee from the east side of Broadway to the Sioux City Railroad, at a point one hundred (100) feet westerly of Jackson street in the City of St. Paul." as heretofore amended, shall apply in all respects as if they, the aforesaid tracks and cross-overs hereby authorized, had been by the ordinance lastly men- tioned originally constructed in the respective locations therefor hereby authorized, and said tracks shall be deemed to have been constructed and maintained thereunder. 2743. Sec. 2. The Chicago, St. Paul, Minneapolis & ( hnaha Railway Company is hereby authorized to rearrange and relocate the spur track now maintained by it, extending eastwardly from the switch marked "Switch No. 1" upon said blue print and now crossing the tracks of the Chicago (beat Western Railway Company, and until this license shall be revoked or annulled to maintain and use said spur track ex- tending from said switch so marked "Switch No. I," eastward- ly upon and along the levee to a point where the center line thereof will intersect the westerly line of Sibley street as re- cently widened, and considered as produced, at a point not more than four hundred eleven and five one-hundredths I lll.">i Feel southerly at righl angles from the southerly line of Third Street, and also said Company is hereby authorized to locale and until the license hereby granted shall be revoked or an- nulled, to maintain and operate a branch from the track lastly mentioned extending eastwardly from the switch location up- on -.aid blue prinl marked "Switch No. •'." to and along the north side of the proposed new location of the Diamond I" Freighl housi and platform and to said westerl) line of Sibley street considered as produced to said freighl house where the center line thereof will be not more than four hundred eight} three and fifty-seven one-hundredths (483.57) feet, al righl angles from said southed) line of Third street, but the center line of neither track by this section authorized shall, where the same crosses the levee within the lines ,,i | : ( < 1 on treel 1084 considered as produced to the river, be more than four hun- dred fort}' (440) Eeet from the said southerly line of Third street. The spur tracks hereby authorized to be located and constructed shall be put in under the direction of the Commis- sioner of Public Works, of the City of St. Paul, in such a manner as he shall direct, and the rails of said last mentioned t "ack shall not be higher than the top of the granite paving in the paved portion of said levee, and said company shall restore and put in proper condition the pavement in and about said track, and shall keep and maintain the same in proper con- dition for public use. The tracks hereby authorized to be constructed and main- tained shall be used only for loading or unloading of freight, and shall not be extended into or across Sibley street, and shall not be extended further to the east than the westerly line of Sibley street as recently widened and considered as produced to the Mississippi River, and said tracks shall not be u-^ed for the storage of cars, and no cars shall be permitted v .o stand thereon except for such time as shall be reasonably required to load or unload the same, as the case may be. The license and authority to construct and maintain the tracks specified in this section may be revoked or annulled by the Common Council at any time, and said Council shall have the right to order either or both of said tracks removed at any time it may see fit to do so in which case all right or authority of said company thereafter to maintain said tracks, or the track so ordered removed, shall cease and determine, and said track or tracks shall be removed from said levee within thirty (30) days after the service upon said company of a copy of the resolution directing such removal and upon such removal said company shall restore that portion of the levee from which said track was removed, to the same condition as the surrounding portion of said levee, and shall put the same in suitable and proper condition for public travel thereon. 2744. Sec. 3. The said St. Paul Union Depot Company, said Chicago, Milwaukee & St. Paul Railway Company and the said Chicago, St. Paul, Minneapolis & Omaha Railway Company, and each of them, shall at all times protect the City of St. Paul against all claims for damages on account of in- L085 juries sustained by any person in consequence of the con- struction and maintenance by said companies of the several tracks shown upon said blue print hereinbefore referred to, and shall at all times keep and bear harmless said City of St. Paul from all costs and expenses incurred in the defense of any such claims. 2745. Sec. 4. The said St. Paul Union Depot Company, said Chicago, Milwaukee & St. Paul Railway Company and the said Chicago, St. Paul. Minneapolis & Omaha Railway Company, severally within thirty (30) days from and after the passage and publication of this ordinance, shall file with the City Clerk, of said City of St. Paul, a written acceptance thereof, in such form as shall be approved by the Corporation Attorney of said city. Sec. 5. This ordinance shall take effect and be in force from and after its passage, publication and acceptance. WISCONSIN CENTRAL RAILROAD COMPANY. Ordinance No. 974. I Approved July 5, 1888. I 2746. An Ordinance authorizing the Minnesota, St. Croix & Wisconsin Railroad Company and its successors to lay a standard gauge single track railroad in Third street, between its railroad yards and the viaduct. The Common Council of the City of Si. Paul do ordain as follows : Sec. I. Thai there is herebj granted unto the Minne- St. Croix & Wisconsin Railroad Company, and its suc- irs, and assigns, permission and authority under the di- rection of the city engineer to lay and henceforth operate and maintain a single track railwa) of standard gauge from a poinl in the railmad yard of said company, mar the westerly line of Kin -on street, so called ; t hence along thai portion of Third street, so-called, which lies between the northerly line of the viaduct, as the same is now maintained and used, and the northerly line of Third street, so-called, according to the re- L086 >1 plat thereof, to the westerly line of Willius street, in Kittson's addition to the City of St. Paul, extended southerly to the north line of said viaduct. And said railroad company shall maintain and keep in proper repair, as an approach, to their delivery tracks, all that part of Third street between the east line of Locust street and the west line of Willius street, lying north of the approach of the Third street viaduct; and shall maintain a proper plank crossing in front of lot five (5), of block sixty-seven (67), Kittson's addition, and shall keep the same unobstructed by cars, in order to give proper ingress and egress to and from their delivery yards at this point. 2747. Sec. 2. The Common Council reserves the right to modify or repeal this ordinance at any time, and said Minne- sota. St. Croix & Wisconsin Railroad Company shall forth- with comply with any modification of privileges hereby con- ferred, in case of repeal of this ordinance, if any. and when- ever the common council shall so order said railroad company shall remove from said Third street its said railroad track and each and every part thereof, and shall also restore that portion of said street so occupied by it to the condition in which the same was prior to the construction of said track; and this said railroad company, by accepting this ordinance, bonds itself, its successors and assigns so to do. 2748. Sec. 3. This ordinance shall be of no effect unless Minnesota. St. Croix & Wisconsin Railroad Company shall, within sixty (60) days after its passage, file with the city clerk a formal acceptance of the foregoing terms and con- ditions, assigned by the proper officers of said company, under it- corporate seal, accompanied by a certified copy of a reso- lution of the board of directors of said company authorizing said officers to execute such acceptance in behalf of said com- pany. I As amended by Ord. 1004, Aug. 21, 1888, § 1.) Sec. 4. This ordinance shall take effect and be in force from and after its passage and the filing of the acceptance mentioned in section three (3) of this ordinance. L081 WISCONSIN CENTRAL COMPANY. Ordinance No. 1393. ( Approved August 36, L890. 1 2749. An Ordinance granting permission to the Wisconsin Central Company to construct and operate railroad tracks across Sixth street between blocks thirty- six (36) and thirty-seven (37) and along the alley in blocks thirty-eight (38), thirty-nine (39), forty (40), forty-one (41), forty-two (42), forty-three (43), and forty-four (44), Kittson's addition to St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Permission and authority is hereby given to the Wisconsin Central Company to construct, maintain and oper ate a railroad with one or more tracks of standard gauge under and across the Fallowing ways, streets, and alleys in the Cit) i t" St. Paul, to-wit: Under and across Sixth street, between blocks thirty-six (36) and thirty-seven (37), in said Kittsdn's Addition, and thence along, through, and upon the alley be- tween Fifth and Sixth streets in said addition, through blocks thirty-eighl (38), thirty-nine (39), forty I MM. fort} one till, forty-two (42), forty-three (43) and forty-four ill) thereof, sing Kittson, Will. Willius, Locust, John, < dive and Pine streets to the easterly boundar) line of Broadway street; pro vided. that the right, privilege and permission to maintain and operate said railroad tracks, or an) of them, hereunder shall continue so long and so long onl) as cars of an) and railwa) compan) arc switched on and over the same without discrimination and without unreasonable delay, and ai ch hal are reasonable, and nol more than one dollai and fifty cent- ($1,50) per car in an) case. 2750. Sec. 2, Said railroad tracks shall be constructed so thai the same shall pass below and underneath of Kittson, Will. Willius, Locust, John, < >live and Pine stret is so as nol to interfere in an) manner whatsoever with the public travel over said si reel -. 1088 Said railroad tracks whore they cross said streets shall be bridged by a proper and sufficient iron or steel bridge, to be constructed and maintained at the sole expense of the said Wisconsin Central Company, its successors, or assigns, in accordance with the plans approved by the city engineer. Provided, however, that all excavations made by said Wis- 11 Central Company in the construction of said railroad shall be at its own sole cost and expense. 2751. Sec. 3. Said Wisconsin Central Company shall, at the time of filing its acceptance of this ordinance with the city clerk as hereinafter provided, also file with the city clerk a bond with sufficient sureties to be" approved by the city comptroller, running to the City of St. Paul in the sum of seventy-five thousand dollars ($75,000) ; conditioned that said Wisconsin Central Company shall save and hold harmless said City of St. Paul from any and all claims, demands, actions, right of action, damages and liabilities resulting from or in any manner connected with the construction or opera- tion of said railroad and the construction and maintenance of said bridges. 2752. Sec. d. The rights and privileges hereby given are granted upon the express condition that the work of con- structing said railroad shall commence within three (3) months after the acceptance of this ordinance and shall be fully completed within eighteen (18) months after the ac- ceptance thereof; provided, that if said Wisconsin Central Company be enjoined from proceeding with the construction of said railroad by order or injunction of any court the time during which it shall be so enjoined shall be allowed said company for the completion of said work in addition to the eighteen (18) months above mentioned. 2753. Sec. 5. In the construction of said railroad not more than two (2) streets under which it runs shajl be closed to public travel at the same time. 2754. Sec. 6. Said grantee shall comply with all police regulations of the City of St. Paul now in force or hereafter enacted. 1089 2755. Sec. 7. Said Wisconsin Central Company shall, ■within sixty (60) days after the passage of this ordinance, in- dicate its acceptance of the same by filing such acceptance with the city clerk in such form as may be approved by the corporation attorney. Sec. 8. This ordinance shall take effect and be in force from and after its passage and publication. PART VI. TELEPHONE AND TELEGRAPH ORDINANCES. 1093 ST. PAUL AND MINNEAPOLIS MESSENGER AND TELEPHONE COMPANY. Ordinance No. 1343. (Approved May 21, 1890.) 2756. An Ordinance to authorize the St. Paul and Min- neapolis Messenger and Telephone Company to erect, construct and maintain, telegraph and tele- phone wires within the City of St. Paul, in the state of Minnesota. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Authority is hereby given and granted to the St. Paul and Minneapolis .Messenger and Telephone Company to erect, construct and maintain telegraph and telephone wires over and along all public streets and public alleys in the City of St. Paul, County of Ramsey, and State of Minnesota, here- inafter designated, and upon such other and further public streets and alleys in said City of St. Paul, as the common council of said city may hereafter designate, upon poles, or buildings, that may now. or hereafter, be constructed and maintained in said city, by any person or corporation, by and with the consent of the person or corporation owning or maintaining said pole or buildings. 2757. See. 2. That such wires so to be laid and construct- ed upon such poles and buildings, by said St. Paul and Minne- apolis Messenger and Telephone Company, shall be subject to the same laws and ordinance-, regulating the laying and maintaining of telegraph, telephone, or electric wires, in said City of St. Paul, which may now exist or which nia\ hereafter b< passed by the common council of the City of St. Paul ; and provided further, thai whenever the common council of said City of St. Paul may order the same to be done, said wires shall be b\ -aid, the St. Paul and Minneapolis Messenger and Telephone Company, placed underground in the manner and according to the direction-, hy said common council. 2758. Sec. :;. That the following streets are hereby di nated for the laying of said wires, as provided in section one (1) of this ordinance, to wit : From ".' 1 Wesl Fifth street to lii'.H \\ abasha street : thence north on the cast side of Wabasha Street to Seventh street ; thence east on the north side of Sev- enth street to Olive street: thence west on the south side of Seventh street to Jackson street; thence on the east side of Jackson street to Fifth street; thence from Fifth street to Sib- ley street; thence south on Sibley street to Fourth street; thence west on Fourth street to [Minnesota street; thence south on Minnesota street to Third street; thence west on Third street to Cedar street; thence north on Cedar street to Fifth street; thence west on Fifth street to 21 \Yest Fifth street, the place of beginning. Sec. 1. This ordinance shall be in force from and after its passage. ST. PAUL DISTRICT TELEGRAPH COMPANY. From Article LXXX., Municipal Code 1884. 2759. Sec. 30. That authority is hereby granted to the St. Paul District Telegraph Company to erect and maintain tele- graph poles and to string telegraph and telephone wires there- on, through the City of St. Paul, upon such streets and alleys as shall be designated for that purpose, by the city engineer and the chief of the fire department of said city. (Orel. May 20, 1884, § 1.) 2760. Sec. 31. All poles erected under this ordinance, shall be planed and painted, and be of such size, and shall be placed at such points on the margin of the sidewalks, as shall be des- ignated by the city engineer and the chief of the fire depart' ment, and shall be erected and said wire strung thereon under the supervision and subject to the inspection and control of said officers. 2761. Sec. 32. Whenever any street, on which any tele- graph pole shall have been set under this ordinance shall be graded or paved, the said company shall, whenever required by the city engineer, at its own cost, reset said poles, so as to conform to the street as reconstructed. (Id. §3.) 2762. Sec. 33. All the proceedings of said St. Paul Dis- tiict Telegraph Company under this ordinance shall be sub- 1095 ject to any ordinance regulating the laying' of telegraph and telephone wires in the City of St. Panl which now exist or may hereafter be passed by the common council of said city, so far as the same shall be applicable to the lines of said corn- pan v. (Id. §4.) RAPID TRANSIT TELEGRAPH COMPANY. From Article LXXX., Municipal Code 1884. 2763. Sec. 21. That authority is hereby granted to the Rapid Transit Telegraph Company to erect and maintain telegraph poles, and to string telegraph wires thereon, through the City of St. Paul, upon such streets and alleys as shall be designated for that purpose by the city engineer and the chief of fire department of said city. (Ord. Feb. 7, L884, § 1.) 2764. 22. All poles erected under this ordinance shall be planed and painted, and shall be of such size and shall be placed at such points on the margin of the sidewalks as shall be designated by the city engineer and the chief of the fire de- partment, and shall be erected and said wires strung thereon under the supervision and subjed to the inspection and con trol of said officers. (Id. §2.) 2765. 23. Whenever an) street on winch an} tele- graph pole shall have been >el under this ordinance, shall be graded or paved, the said company shall, whenever required by the city engineer, at its own cost, resel said poles conform to the street as reconstructed. I Id. §3.) 2766. Sec. 24. All the proceeding id Rapid Transit Telegraph Companj under this ordinance, shall be subject to any ordinance regulating the laying of telegraph and tele- phone wire- in the City of St. I 'anl. which now exist or ma_\ Inn aider be pa— ed by the common council of said city, as the same shall be applicable to the lines of said company. (Id. § l.» (Rights forfeited under resolution of Council approved May 29, L900, i L096 AMERICAN DISTRICT TELEGRAPH COMPANY. Ordinance No. 748. (Approved January 5, 1887.) 2767. An Ordinance to authorize the American District Telegraph Company of St. Paul, Minnesota, to erect telegraph poles within the city limits of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That authority is hereby given and granted to the American District Telegraph Company of St. Paul. Min- nesota, to erect and maintain telegraph poles and to string telegraph and telephone wires thereon through the City of St. Paul upon such streets and alleys as shall be designated for the purpose by the common council of said City of St. Paul. 2768. Sec. 2. That said company shall within two (2) months from the passage of this ordinance and grant, if re- quested by the fire department of said City of St. Paul, pro- ceed to establish and maintain a complete electrical circuit or circuits including its own central office and the headquarters o r the city fire department as well as engine houses number one (1), corner St. Peter and Seventh streets; number two (2), corner Wacouta and Seventh streets; number three (3), corner Ramsey and Leech streets; number four (4), corner Tenth and Broadway streets; number five (5), corner Selby and Mackubin streets; number seven (7), corner Ross and Earl streets; and shall also, subject to the approval of the chief of the fire department and of the superintendent of the city fire department fire alarm lines, place in such fire depart- ment headquarters and other branches of the same as desig- nated, all apparatus, run all lines, and perfect all connections required for the purpose of enabling those having the call boxes of said company to instantly notify said department in case of fire, and that such apparatus, wires, and connections shall be so placed and maintained by said company -at its own expense, and upon the further condition, that said com- pany shall as early as practicable after requested by the board of education of said city, place, connect, and maintain one of its notice and tire alarm signal boxes in the high school building and in each of the ward school buildings in said city located within two (2) miles of the central station of said department, and maintain the same until otherwise ordered, and shall also place and maintain boxes with complete circuits in all the police stations of the city forthwith. 2769. Sec. 3. All poles erected under this ordinance shall be planed and painted, and shall be of such size and of a height of not less than forty (40) feet above the surface of the ground, and shall be placed at such points on the margin of the street side of the sidewalk as shall be designated by the city engineer and the chief of the fire department of said city. and shall be erected and said wires strung thereon under the supervision and subject to the inspection, supervision, and control of said officers. 2770. See. 4. Whenever any street on which any tele- graph pole shall have been set under this ordinance shall be graded or paved, the said company shall, when required by the city engineer, at its own cost and expense, reset said poles so as to conform to the street as reconstructed and as in the third section in this ordinance provided. 2771. See. 5, All the proceedings of said American Dis- trict Telegraph Company under this ordinance shall be sub- ject to any ordinance regulating the laying of telegraph wires in the City of St. Paul, which now exists (or may hereafter be passed by the common council of said eitv, so far as the same shall be applicable to the line of this company), and whenever, or in case any other corporation or corporations, compan) or companies, person or persons, firms or associa tions, as shall desire to use the poles so erected 1>\ said Ameri- can Distrid Telegraph Company as heieinabove provided, and authorized for the purpose of supporting wires for any pur pose authorized 1>\ the common council of St. Paul, such com pan} or companies, corporation or corporations, person or pei sons, linns oi iiions, shall he allowed and permitted to do so upon paying to said American Distrid Telegraph Com- pany, or its successors, the proportionate share of the cost of L098 procuring and erecting such poles, to be determined as fol- lows: Upon the erection of poles upon any of the said streets or alleys, said American District Telegraph Company of St. Paul shall immediately report to the city engineer the actual cost of such poles as erected, and said city engineer .shall as- certain and determine the actual cost of poles so erected, and certify the amount which he shall find to be correct, and keep a record thereof in his office for public inspection. Upon the first application for the use of the poles erected thereunder the applicant shall pay to the said American District Telegraph Company one-half i T ji of said actual cost of said poles of which the use thereof is asked and desired for the purpose aforesaid, so determined by said city engineer; and in case of a second application for the use of the same poles, the appli- cant shall pay one-third ( 1-3 ) of such cost, the same to be di- vided equally between the American District Telegraph Com- pany of St. Paul and the first applicant; and successive appli- cants shall pay their proportionate share of such costs, the same to be divided proportionately in like manner, and all ap- plicants so paying their proportionate share of the cost of said poles, as aforesaid, shall become, and by common consent, joint owners with said American District Telegraph Com- pany of St. Paul of said poles, and shall be entitled to use them, or that part and portion thereof paid for as aforesaid for the purposes granted, and be subject to all the provisions and requirements of this ordinance, the same as is the Ameri- can District Telegraph Company of St. Paul. Minnesota. 2772. Sec. 6. Any transfer or sale by the said American District Telegraph Company, of St. Paul, Minnesota, of the rights and franchises hereby granted to any other person or persons, firms, associations, companies, corporations, or any consolidation by said American District Telegraph Com- pany with any other person or persons, firms, associations, corporations, or companies, of the rights and franchises here- by granted, shall operate as an absolute repeal of this ordi- nance : provided, that no purchase by said American District Telegraph Company of the rights, franchises, stock, or other property of any person, persons, firms, associations, or cor- porations shall act as a repeal of this ordinance. 1099 Sec. 7. This ordinance shall he in force from and after its passage. AMERICAN TELEPHONE AND TELEGRAPH COM- PANY. Ordinance No. 2051. (Approved May 24, 1899.) 2773. An Ordinance granting to the American Telephone and Telegraph Company of Minnesota, its succes- sors and assigns, authority to construct, operate and maintain a telephone and telegraph system in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. There is hereby granted to the American Tele- phone and Telegraph Company of .Minnesota, a corporation organized under the provisions of Title one ( I ). Chapter thir- ty- f< iur (34 ». Genera] Statutes, L894, of /the State of Minnesota, ; ts successors and assigns, for a period of twenty-five (25) yc ar> from the acceptance of this ordinance, as hereinafter provided, the right and authority, subjeel to the provisions of 'his ordinance and of Ordinance Mo. 1764 of said City of St. Paul, approved June 7, 1894, regulating and restricting the placing of poles in the streets of St. Paul, to erect poles, wires, fixtures and electrical conductors, and to construct, maintain and repair conduits, with the necessary manholes and surface pipes For the purpos< of conducting and distributing the iv sary wires and cables upon, :i1"Iil:. in ami under the streets, alleys ami public places in the City of St. Paul, ami also t" repair, replace ami enlarge ami extend the same, and for the purpose of maintaining and operating lines of telephone and t< legraph within the c 'it \ of St. Paul, ami to places beyond the city limits of -air I city. 2774. 2, The privileges hereb) granted are made sub- ject to the provisions of ;ill ordinances "t~ tin- Cit) of St. Paul now in force or which may hereaftei be enacted h\ said city, regulating and controlling telephone and telegraph com- panies, which -hall he operative ami binding upon all such 1100 companies using the streets and alleys in said city for tele- phone or telegraph lines, and in addition to being subject to the provisions of such ordinances said company shall comply with all the police regulations now or hereafter enacted, and should said grantees, their successors or assigns at any time fail or refuse to comply with any of the provisions in this ordinance contained, or hereafter enacted, subject to the limi- tations in this ordinance specified, then said grantees, their successors or assigns shall forfeit all right, title and privileges by this ordinance granted and conferred, and this ordinance shall thereupon be null and void. 2775. Sec. 3. All poles erected shall be neat, symmetrical and painted, and no electrical conductor shall be placed there- on less than twenty feet above the surface of the ground, but no pole shall be placed or maintained upon either side of the following named streets, or in the territory bounded thereby, namely : Commencing on the west side of Eagle street on the north bank of the Mississippi river; running thence along the west line of Eagle street to the south line of Seventh street ; thence along the south line of Seventh street to the west line of Chestnut street ; and thence along the w r est line of Chestnut street to the north line of Pleasant avenue ; and thence along the north line of Pleasant avenue to the westerly line of Third street ; and thence along the westerly line of Third street to the north line of Summit avenue ; and thence along the north line of Summit avenue to the east side of Robert street; and thence along the east side of Robert street to the north side of Twelfth street ; thence along the north side of Twelfth street to the east side of Jackson street; thence along the east side of Jackson street to the north side of Grove street: thence along the north side of Grove street to the east side of Broad- way street; thence along the east side of Broadway street to the north side of Eighth street ; thence along the north side of Eighth street to the east side of Kittson street; thence along the east side of Kittson street to the south side of Fourth street; thence along the south side of Fourth street to the east side of Broadway street ; thence along the east side of Broadway street to the north bank of the 1101 Mississippi river; thence along the north bank of said river to the point' of beginning". Provided, however, that the said grantees may use. so long as the same are maintained there- on, any poles now erected on any ot the streets of said city and outside of the above described territory belonging to any other company or companies, under such agreement as it may make with the owners of such poles. 2776. Sec. 4. No work shall be done upon any of the streets, alleys and public grounds of the City of St. Paul, un- der this ordinance, until such streets, alleys and public grounds shall be designated and determined by resolution of the Common Council. The work of erecting poles and constructing subways, by virtue of this ordinance, shall be done under the super- vision of the City Engineer of the City of St. Paul, and the said American Telephone and Telegraph Company shall re- place and properly relay any sidewalk or streets that may be displaced by reason of the erection or construction of such poles or subways, and in the opening and refilling of all open- ings made as aforesaid, and in the relaying of pavements, and in all worlc necessary to complete the restoration of the streets, pavements, sidewalks or grounds to any equally good condition a- when disturbed, the said grantees herein, their successors or assigns, or their contractors or employes, shall be under tin- supervision of tin- City Engineer <>t" the Cii\ of Si. Paul, or -mli other officer as the City of Si. Paul may designate -for that purpose, and -hall promptbj comply with any orders in reference thereto, and in case of failure -- 11 to do, after thirty days' notice in writing shall have been given on behalf of -aid (iiy to said company, the eit\ may repair such portion of the sidewalk or Streel that may have been disturbed by said company, and the grantees shall pa) there- for, and all of -aid work- shall be done ai the cosl of said gran- and the -aid grantees shall not be permitted i" construct additional line- until SUCh COSl i- paid, nor -hall an\ Si avenue or alley or other public place be allowed to remain open' and encumbered for a longer lime than is i, to execute the work for which the same has been opened, such period in n d ten days, and in all i 1 ld-2 where the work requires the exercise of skill, the said grantees shall employ none but skilled workmen for the execution of such work. In case said company's lines shall be found to interfere with the change of grade of any street, or with any public improvement, said company shall, upon receiving no- tice thereof from the City of St. Paul, reset said poles, at its own expense, so as to conform with such change of grade of said improvement; but no greater change shall be directed than such as is necessary to avoid such interference. Nothing herein granted shall be construed as giving said company any right to dig up or impair any paving upon any street in said city where the City of St. Paul holds a contract or guarantee with the parties who put such pavement down without first having obtained the written consent of each guaranteeing party. 2777. Sec. 5. In consideration of the rights and privileges herein granted, said company shall provide one ten-pin cross- arm on each pole, and one duct in each and all subways con- structed by virtue of this ordinance, and shall, without cost to the City of St. Paul, draw in, furnish and maintain in working order all wires and conductors required on or along such streets or parts of streets by the City of St. Paul for its tele- graph, telephone and fire alarm purposes, and which can be placed on said cross-arm or in such duct. Whenever the franchises hereby granted for a local tele- phone business shall be used, said company, its successors, or assigns, in consideration of the privileges hereby granted to them, shall furnish and maintain, without cost to the City of St. Paul, twenty (20) sets of telephones for use for local ser- vice by said city, and, in addition thereto, all other telephones ordered by said City for public use for local service, in its de- partments, at one-half the rates charged other parties for similar service. 2778. Sec. 6. Said company, within ninety days, shall construct and thereafter maintain its lines between said City of St. Paul, in the State of Minnesota, and the City of Chi- cago, in the State of Illinois, and so connect said line with such other cities in the United States as are or may be con- nected by said company's telephone system with said City 1103 of Chicago or are embraced in its circuit of connections be- tween said City of Chicago and other cities in the United States, so that telephonic communication may be had between said cities and each of them and said City of St. Paul con- tinuously thereafter, and shall furnish and maintain such ser- vice and connections, unless prevented by physical or atmos- pheric conditions, delays occasioned by the act of God, the public enemies or litigation excepted. Provided, in case said American Telephone and Tele- graph Company of Minnesota should ever construct a local exchange under the rights by this ordinance granted, all tele- phones connected with the said local exchange shall be con- nected by metallic circuits, or in some other way equally as good. 2779. Sec. 7. Nothing in this ordinance shall be so con- strued as to absolve said grantees, their successors or assigns, from any legal liability or proceedings to restrain or abate any nuisance arising from the construction or operation of said conduits or subways, nor from any liability for any injury to person or property resulting from the negligence of the grantees herein, their successors or' assigns, or their con- tractors, servants or employes, in the doing of the work an thorized by this ordinance, nor to render the City of St. Paul liable to any person or corporation for any damage caused by the doing of such work, or the operation of such telephone or telegraph system by said grantees, their successors or at - signs, and -aid grantees, their successors or assigns shad pro- ted and save the City of St. Paul harmless Erom any and all suits or claims for injuries or damages arising from their neg- ligence, or thai of their contractors, servants or employes, in the doing of the said work or the operation of said telephone or telegraph system. 2780. See. s. The rights and privileges granted by this ordinance are upon the condition thai should the said Vmeri- can Telephone and Telegraph Company, its successors and assigns ever install, maintain and operate a local telephone exchange under this ordinance, in the Cit) of St. Paul, it shall pay as compensation, and as a consideration for the use .,i the streets, avenues and alleys and public grounds of said city 1104 for the purposes of such local telephone exchange, the full sum ami amount of 3 per cent of the gross earnings from local telephone service rendered by such local exchange in the City of St. Paul, annually, into the City Treasury of said city, For the use and benefit of said city, said payment to be made on or before the first day of January of each and every year from and after such local exchange shall have been in- stalled and put in actual operation by said American Tele- phone and Telegraph Company. And for the purpose of as- certaining the gross earnings from local telephone service by said company, upon which payment shall be made as afore- said, an accurate account of the earnings from local service of any local telephone exchange which may be installed in St. Paul by said company shall be kept by said company, and an abstract and account thereof furnished by it to the City Treas- urer of said City of St. Paul on or before the loth day of De- cember of each year, which abstract shall be verified by the oath of the president and secretary of said company, and for the purpose of verifying such statements the books of said company shall at all times be open for inspection by such of- ficer, person or person's as may be appointed for the purpose by the Common Council of said city. 2781. Sec. 9. The said American Telephone and Tele- graph Company shall not at any time transfer its stock, or any part thereof, or its rights, or any part thereof, or any of its property or effects connected with or used for the maintenance or operation of a local telephone exchange, to any telephone or other company now or hereafter operating a local exchange within the City of St. Paul, or make any consolidation of its local telephone exchange, or its local telephone exchange business, with any such company, without the consent of the Common Council of the City of St. Paul, to be expressed by a resolution passed by a two-thirds vote of all the members of each body of such Council, authorizing such transfer, sale or consolidation. And the local telephone exchange system to be constructed under this franchise shall at no time be oper- ated under any other telephone franchise heretofore granted by the City of St. Paul. 1105 2782. Sec. 10. The said company, its successors and as- signs shall do all its current banking business- in connection with its business in the City of St. Paul, with hanks located in said city, and as far as practicable employ residents of St. Paul, and as far as practicable, quality and cost being equal, purchase the necessary material used in the construction, maintenance and repair of so much of its telephone system shall be situated within the corporate limits of the Cit\ of St. Paul from St. Paul parties. 2783. Sec. 11. Within thirty days after the passage of this ordinance, and before the commencement of the doing ct an}- of the work authorized by this ordinance, the grantees herein, their successors or assigns shall execute to the City of St. Paul a bond in the sum of five thousand dollars, con- ditioned that said grantees, its successors or assigns shall in- demnify and save said city harmless against all suits, dam- ages, costs and expenses that shall in any way result to the said city from the doing of any of the work authorized by this ordinance, or the operating of such telephone or telegraph system; said bond shall also be further conditioned, thai said grantee, its successors and assigns shad comply faithfully with each and every one of the terms and conditions of this ordinance, as in this ordinance specified; said bond shall he signed by said grantee and by two oi more good ami sufficient . or corporation surety bond to be approved by the City Comptroller, who shall reporl to the Common Council al least once a year as to the liability of said sureties, and should tiie Common Council of -aid Cil\ of St. Paul, by resolution, deem the sureties on such bond insufficient at any time during the continuance of this franchise, the herein, its su hall, within thiru days after notice of such resolution has been served upon the proper oilier]- of said company, or person in charge of die • 1 . said work, or the operating of said system, within said City Paul, til' a new bond, with good and sufficienl sureties, such as -hall !><■ approved by the -aid City Comptroller. 2784. 1'.'. Nothing in this ordinance shall be con- strued a- granting to the said company any exclusive right, or a- pre enting aid city from granting similar privilegi 1 I (Mi other individuals or companies for like purposes in the public streets of said city. 2785. Sec. 13. This franchise or privilege is made ex- sly subject to all the provisions of Ordinance No. 1675, approved April 22, is'.):',, the same being an ordinance entitled "An ordinance regulating and controlling the placing and operating of a telegraph, telephone and other electric wires and conductors underground," except so far as the provisions of Ordinance Xo. 1675, may be inconsistent with the pro- visions of this ordinance. 2786. Sec. 14. All of the terms and conditions of this ordi- nance shall be binding upon the successors and assigns of said American Telephone and Telegraph Company. 2787. Sec. 15. Said company shall file with the City Clerk of the City of St. Paul, within thirty days from and after the passage and publication of this ordinance, its written accept- ance hereof, in such form as shall be approved by the Corpor- ation Attorney of the City of St. Paul, and shall thereby agree to be bound by all the provisions and recitals therein con- tained. Sec. 16. This ordinance shall take effect and be in force from and after its passage, publication and acceptance, and the riling of the bond mentioned in Section XI. of this ordi- nance. AMERICAN UNION TELEGRAPH COMPANY. From Article LXXX., Municipal Code 1884. 2788. S]>n ived February 18, 1886. i 2793. An Ordinance to authorize the Baltimore & Ohio Telegraph Company to erei aph poles with- in the city limits of the City of St. Paul. The Common Council of the Citj of Si. Paul do ordain as follows : ec. I. That authority is hereby granted to the Haiti- more & Ohio Telegraph Compan} to ereel and maintain t< 1108 graph poles and to string telegraph wires thereon through the City of St. Paul, upon such streets and alleys as shall be desig- nated for that purpose by the city engineer, the chief of fire department of said city and the chairman of the committee on police of the common council. 2794. Sec. 2. All poles erected under this ordinance shall be planed and painted, and shall be of snch size and shall be placed at snch points on the margin of the sidewalks as shall be designated by the city engineer and the chief of the fire de- partment and the chairman of the committee on police of the common council, and shall be erected and said wires strung thereon under the supervision and subject to the inspection and control of said officers. 2795. Sec. 3, Whenever any street on which any tele- graph pole shall have been set under this ordinance shall be graded or paved the said company shall, whenever required by the city engineer, at its own cost, reset said poles so as to conform to the street as reconstructed. 2796. Sec. -1. All the proceedings of said Baltimore & Ohio Telegraph Company under this ordinance shall be sub- ject to any ordinance regulating the laying of telegraph wires, either above or underground, in the City of St. Paid which now exist or may hereafter be passed by the common council of said city, so far as the same shall be applicable to the lines of said company. 2797. Sec. 5. Any transfer or sale by the said Baltimore & Ohio Telegraph Company of the right and franchise hereby granted to an}' other person, association or corporation, or any consolidation by said Baltimore & Ohio Telegraph Company with any other person, association or corporation, of the right and franchise hereby granted, shall operate as an absolute re- peal i >f this ordinance. Sec. 6. This ordinance shall be in force from and after its passage. 1109 CHICAGO & NORTHWESTERN TELEGRAPH COM- PANY. From Article LXXX., Municipal Code 1884. 2798. Sec. 25. Thai authority is hereby granted to the Chicago & Northwestern Telegraph Company to erect and maintain telegraph poles, and to string telegraph and tele- phone wires thereon, through the City of St. Paul, upon such streets and alleys, as shall be designated foi that purpose by the city engineer and the chief of fire department of said city. (Ord. March 18, 1SS1, § 1.) 2799. Sec. 26. All poles erected under this ordinance shall be planed and painted, and shall be of such size, and shall be placed at such points on the margin of the sidewalks, as shall be designated by the city engineer and the chief of the fire department, and shall be erected and said wires strung there- on under the supervision and subject to the inspection and control of said officers. (Id. §2.) 2800. Sec. 27. Whenever any street, on which any tele- graph pole shall have been sel under this ordinance, shall be graded or paved, the said compan) shall, whenever required by the city engineer, at its own cost, resel said poles so as to conform to the street as reconstructed. I f.l. | 3.) 2801. 28. All the proceedings of the said telegraph company, under this ordinance, shall be subject to any ordi nance regulating the laying of telegraph or telephone wires in th< i St. Paul, which now exist, or ma) hereafter be passed by the common council of said city, so far as the same shall be applicable to the lines of said company. (Id. § I.. 2802. Sec. 29. [f the said telegraph company, or the lines of telegraph which it may erecl within the Cit) of St. Paul, shall at any time hereafter be sold to or consolidated with the Western Union Telegraph Company, then the common coun cil of said city shall have the right i" rescind this ordinance, 1110 and all the powers and privileges -ranted thereby, shall there- upon cease and determine. (Id. § 5.) THE MINNESOTA CENTRAL TELEPHONE COM- PANY. Ordinance No. 1973. i Approved March 23, 1898.) 2803. An Ordinance granting permission to the Minnesota Central Telephone Company to use Streets, Ave- nues and Alleys in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Permission is hereby granted to the Minnesota Central Telephone Company for the purpose, and the pur- pose only, of establishing and maintaining within said city public pay stations, and instruments for private use. for con- nection with long distance telephone systems at such points within said city as may be approved by the Common Council from time to time, and subject to the reservations and pro- visions hereinafter stated, to erect, construct, maintain and repair telephone poles with the necessary cross-arms and fix- tures, and to stretch and maintain thereon wires and cables for the operation of such a system, and to construct, main- tain and repair conduits with the necessary manholes and service pipes for the purpose of conducting and distributing the necessary wires and cables within such territory within said city as is or may be designated as the territory in which said wires are or shall be required to run underground ; through, over and along the streets, avenues and alleys in said city. 2804. Sec. 2. This privilege is granted expressly subject to the provisions of all ordinances now in force or which may hereafter be enacted by the Common Council of the City of St. Paul, under its police powers, and particularly subject to all the conditions and terms of the following named ordi- nance, Xo. 107.'). and amendments thereto, including all 1111 amendments enlarging or changing underground or other dis- tricts, to-wit: "An Ordinance regulating and controlling the placing and operating of telegraph, telephone and other elec- tric wires and conductors underground/' approved April 22, L893, and every provision of said ordinance or any amend- ments thereof now, or hereafter in force. 2805. Sec. 3. In the construction, maintenance, repair and operation of its said telephone lines and in the use of the streets, avenues, alleys and public grounds of said city there- for, the said company shall at all times be subject to, and comply with all ordinances, rules and regulations of said city. now or hereafter in force, covering the use of streets, avenues, alleys and public grounds, and all plans, specifications, ma- terials and apparatus to be used in the construction and oper- ation of said system within said city shall be subject to the ap- proval of the City Engineer and the Electrical Inspector of the City of St. Paul. All telephones connected with said system within the City of St. Paul shall be connected only by metallic circuits, so-called, and no grounded wire or common return circuits, so-called, shall be used or employed by said company in maintaining or operating said telephone stations. 2806. See. l. All plans, specifications and materials used in the construction of said under-round conduit-, together with the location thereof, within the streets, avenues, alleys and public grounds of said cit) -hall be further subject to the supervision of tin- Common Council. 2807. Sec. 5. Tin -aid Minnesota Central Telephone Compan) shall nol at any time transfer it- stock, or any thereof, or its rights or an) thereof, or an) of it- propert) or effects to any other telephone compan) now or hereafter opei ating within the City of St. Paul, or make an) consolidation with any -ueh company withoul the consenl of the Common Council of the City of St. Paul, to he expressed b) resolution d b) a tWO third- vote of all member- of -aid Common Council, authorizing such tra ale or consolidation, and the telephone system to tructed under tin- ordinance shall at no time he operated under any other telephone ordi nance heretofore -ranted by the City of St. Paul. 1112 2808. Sec. 6. The City of St. Paul hereby reserves the right at its election to purchase all of said system constructed within the limits of the city, including poles, wires, stations, conduits and appliances, and all other property which shall have been constructed and installed under this ordinance, at any time after the expiration of five years from the date of the acceptance of this ordinance by said Minnesota Central Telephone Company, at an amount not to exceed its actual and necessary cost of construction, less any depreciation in the value .thereof by reason of wear and tear, or from any other cause whatsoever, and in case of such purchase, no value whatever shall be placed upon the franchise or privileges granted under this ordinance. The city and the owner or owners of said system failing to agree as to the amount of said purchase price, the value of said telephone system and conduit system shall be ascertained by arbitrators, the City of St. Paul, through its Common Council, to select two arbi- trators, and the said Minnesota Central Telephone Company. its successors or assigns, to select two, and these failing to agree, shall select a fifth disinterested arbitrator, and the de- cision of a majority of said board of arbitration shall be final and conclusive. In case the four arbitrators shall fail to agree on a price within thirty days or neglect within thirty days after being chosen to agree on the fifth arbitrator, then the full bench of the Second Judicial District of the State of Minnesota shall, upon the application of either party, select the fifth arbitrator. Nothing herein, however, now in submitting the question of the price to arbitration, shall bind the City of St. Paul to pur- chase the said telephone and conduit system at .the price fixed by said board of arbitration, unless said city shall so elect, and if said city shall elect to purchase at the price named by said board of arbitration, it shall have one year in which to pay the price named, the said Minnesota Central Telephone Com- pany, its successors and assigns, to retain possession until said payment is maae. 2809. Sec. 7. Said Minnesota Central Telephone Com- pany, its successors and assigns shall not bond, mortgage, or in any manner encumber said system located within said city, 1 1 1 3 beyond or for more than seventy-live per cent of the amount actually and necessarily used in the construction thereof, and in case the said City of St. Paul shall exercise its option to purchase said system, as herein provided, it shall have the right to purchase the same subject to any encumbrance, do ducting the amount thereof from the price to he paid. Said Minnesota Central Telephone Company shall from time to time, during the construction of said systems within the City of St. Paul, and whenever requested by the Common Council so to do. furnish to the City of St. Paul a true and correct itemized statement, sworn to by its presidenl and treasurer showing the actual and necessary cost of construc- tion of said systems, and for the purpose of verifying such Statements, its books, hills and vouchers shall at all times be open to the inspection of such officer, person or persons as the Common Council may direct to make inspection thereof. 2810. See. 8. The rights and privileges granted by this ordinance are upon the express condition that said Minne Central Telephone Company, it- successors and assigns, shall pay as compensation, and as a consideration for the use of the street-, avenues, alleys and public grounds of said city, for the purpose herein designated, the whole sum and amounl of five per cent of its gross earnings from any and all tolls or earnings received or collected by ii within the Citv of St. Paul, and also any ami all tolls or earnings received or col- d by it outside of the eit\ for or on accounl of messages originating within said City of St. Paul, or senl from any point therein, annually into tin- City Treasury of said city, for the use and benefil of said city, said payments t" he made on or before tin- first day of January in each and every year from and after the granting of this ordinance; and for the pur] of ascertaining thi earnings upon which such statement shall he made a- aforesaid, an accurate aCCOUnI of such earn -hall h»' kept by said company, ami an abstract and an accounl thereof furnished bj it to the City Treasurer of said Cit) of St. Paul, "ii or before the i"'Hi da) of December in each year, the truth of which abstract shall he verified bj the affidavits of the Trea urei and Secretary of aid company, and for tin' purpose of verifying such statement the book coiii]. any -hall at all times be Open for the inspection of Midi Ill I officer, pci--. m or persons as may be appointed for that pur- ity the Common Council of said city. And for the pur- of securing to the City of St. Paul the payment of the said per centum, the said city shall have a lien for the payment of said per centum and the same shall be a charge upon all the property, estate and effects of said company with- in said city, whatsoever, real, personal or mixed, and may be enforced by said city by civil action ; but nothing contained herein shall be held to impair the rights of said city to en- force the terms and conditions of this ordinance. And in further consideration of the rights and privileges herein granted, said Minnesota Central Telephone Company hereby agrees to allow the City of St. Paul to. attach at any time, to any of said poles, on the upper cross-arm thereof, its fire-alarm and police wires. All poles to be erected within the City of St. Paul under this ordinance shall be not less than fifty feet in length and six inches in diameter at the top. Provided, further, that all provisions of this ordinance providing for the payment of the per centum of gross earn- ings as compensation for the use of the streets, avenues, alleys and public ground of the said city shall apply to any and all lessees, successors, and assigns of said corporation, in all re- spects the same as the grantees herein. 2811. Sec. 9. Said Minnesota Central Telephone Com- pany shall at all times protect and save harmless the City of St. Paul from all damages and loss from, or arising out of or by reason of the construction, maintenance or operation of said telephone lines and conduit systems, and by reason of any infringement or claim of infringement of any patent upon any article or system used in the construction or use of said telephone and conduit system. And for the purpose of secur- ing to the City of St. Paul for the payment of any such dam- ages or loss the said city shall have a first and paramount lien for the payment of any such damages or loss and the same shall be a first charge upon all the property, estate and effects and assets of said company within said city, whatsoever, real, personal and mixed and may be enforced by said city by civil action ; but nothing contained herein shall be held to impair the rights of said city to otherwise enforce the terms and conditions of this ordinance. 1115 2812. Sec. 10. The said company shall file with the City Engineer written application for all the streets or alleys it may Hereafter wish to occupy with its poles and wires, as and when it may desire to occupy the same. And if such application shall be approved by the Common Council, such approval shall be deemed a permission of the city to so occupy the streets and alleys for the purpose above stated. 2813. Sec. 11. Said Minnesota Central Telephone Com- pany shall file its acceptance of the provisions of this ordi- nance with the City Clerk of the City of St. Paul on or before the expiration of thirty daws from the passage of this ordi- nance, and shall at the same time file with the City Clerk a bond with sufficient sureties to be approved by the Common Council of said City of St. Paul, in the sum of Five Thousand Dollars, conditioned, that said company shall begin its work of construction of said telephone systems on or before ninety days from the date of filing said acceptance, and that it will thereafter prosecute its work of construction with all reason- able diligence. Ami the said company shall extend its lines Into the business portion of the City of St. Paul and have the same in operation therein on or before the first da\ oi No vember. A. I). 1898. 2814. Sec. 12. Failure on tin- part of said company, its successors or assigns to tile its acceptance hereof with the Clerk as herein provided, or to tile its bond within the time limited herein, or to comply with any of the conditions of said bond, or of the provisions of this ordinance, shall ren der this i ordinance mill and void. 2815. L3. All aerial conductors and underground con ductors connected with said telephone exchange entering anj building in the City of Si. Paul musl be provided near the point of entrance to the building with some approved pro tective device which will operate to shunl the instruments in of :i dangerous rise in potential and will open and arrest any abnormal currenl How. The protector musl be approved by the electrical inspector of the City of St. Paul, and if plat ed within the building tin' wires of the circuil from the support on the outside of the building to the protective device must he ot such installation and installed in such manner as is required lllli b) the ordinances of said city for low potential electric light and p< iwer service wires. 2816. Sec. 1 I. Said Minnesota Centra] Telephone Com- pany shall not make a charge exceeding ten cents for the use - line for five (5) minutes in talking between the cities of St. Paul and Minneapolis, and shall make connection with any and all local telephone exchanges which may hereafter operate in the City of St. Paul, upon equal terms, provided said .Minnesota Central Telephone Company shall not at such time be operating a telephone exchange in the City of St. Paul ; and provided further that nothing herein shall be con- strued to require the Minnesota Central Telephone Company to make such connection with the Northwestern Telephone Exchange company, its successors or assigns. The rights and privileges granted by this ordinance to the Minnesota Central Telephone Company, its successors or assigns, are limited to the period of twenty-five years from and after the acceptance and approval of this ordinance by the mayor and said company. Sec. 15. This ordinance shall take effect and be in force from and after its publication and acceptance by said company. MUTUAL UNION TELEGRAPH COMPANY. From Article LXXX., Municipal Code 1884. 2817. Sec. 12. That authority is hereby granted to the Mutual Union Telegraph Company to erect telegraph poles, within the City of St. Paul, on the hereinafter named streets and lines, viz. : Commencing at the western city limits, on St. Anthony avenue, thence eastward on St. Anthony avenue to Western avenue ; thence southward on Western avenue to Rondo street; thence eastward on Rondo street to Josette street; thence southward on Josette street to Iglehart street; thence eastward on Iglehart street to Wabasha street ; thence down Wabasha street to Thirteenth street ; thence on Thir- teenth street to Cedar street ; thence on Cedar street to Elev- enth street; thence on Eleventh street to Robert street: thence southward on Robert street to Fifth street; thence eastward on 1117 Fifth and East Fifth street to Hoffman avenue ; thence south- ward on Hoffman avenue to Plum street; thence eastward on Plum street to Hastings avenue; thence eastward on Hastings avenue to the city limits. (Ord. Sept. 27, L881, § 1.) 2818. Sec. 13. All poles erected under this ordinance must be erected to the satisfaction and approval of the city engi- neer, and shall be planed and painted, and shall be set in the sidewalk, close to the gutter or curb, unless special directions are otherwise given by the city engineer. (Id. § 2.) 2819. Sec. II. Whenever any street, on which any tele- graph pole shall have been set under this ordinance, shall be graded or paved, the said telegraph company shall, at its own . resel said poles, so as to conform to the street as recon- structed. (Id. §3.) 2820. Sec. 15. All the proceedings of said Mutual Union Telegraph Company, under this ordinance, shall be subjecl to any ordinance relative to the same, which may be passed by the common council of the City of St. Paul. (Id. § I.) NORTH AMERICAN TELEGRAPH COMPANY. Ordinance No. 634. I Approved March L8, 1 8 2821. An Ordinance to authorize the North Amci Telegraph Company to erect telegraph poles with- in the city limits of the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : 1. Thai authorit) is hereby granted to the North American Telegraph Companj to ered and maintain tele- graph poles and to string telegraph wires thereon through the City of St. Paul, upon such streets and all hall be d< nated for thai purpose by the city engineer, the chief of the 1118 fire department of said city and the chairman of the committee on police of .the common council. 2822. Sec. 2. All poles erected under this ordinance shall be planed and painted and shall be of such size and shall be placed at such points on the margin of the sidewalks as shall be designated by the city engineer and the chief of the fire department and the chairman of the committee on police of the common council, and shall be erected and said wires strung thereon under the supervision and subject to the in- spection and control of said officers. 2823. Sec. 3. Whenever any street on which any tele- graph pole shall have been set under this ordinance shall be graded or paved, the said company shall whenever required by the city engineer, at its own cost, reset said poles so as to con- form to the street as reconstructed. 2824. Sec. 4. All the proceedings of said North American Telegraph Company under this ordinance shall be subject to any ordinance regulating the laying of telegraph wires either above or underground in the City of St. Paul which now exist or may hereafter be passed by the Common Council of said city so far as -the same shall be applicable to the lines of said company. 2825. Sec. 5. Any transfer or sale by the said North American Telegraph Company of the rights and franchises hereby granted to any other person, association, or corpora- tion or any consolidation by said North American Telegraph Company with any other person, association or corporation of the rights and franchises hereby granted shall operate as an absolute repeal of this ordinance. Sec. 6. This ordinance shall be in force from and after its passage. 1119 MINNEAPOLIS, ST. PAUL & SAULT SAINTE MARIE RAILWAY COMPANY. Ordinance No. 1731. (Approved February 23, 1894.) 2826. An Ordinance permitting and authorizing the Min- neapolis, St. Paul & Sault Ste. Marie Railway Company to erect and maintain telegraph poles and string telegraph wires thereon along certain streets in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Permission is hereby given to the Minneapolis, St. Paul & Sault Ste. Marie Railway Company to erect tele- graph poles and string telegraph wires thereon along the fol- lowing streets in the City of St. Paid, to-wit : Commencing at the corner of Cayuga and Mississippi streets; thence on York street to Edgerton street; thence on Edgerton street to Wells street; thence on Wells street to Greenbrier avenue; thence on nbrier avenue to the St. Paul and Duluth railway tracks. Said poles shall be erected in such manner and be of such ma- terial as the engineer of the City of St. Paul shall direct. Provided, thai no more than four ( h wires shall be strung alon- said poles at any time or at any place. (As amended by Ordinance L742, approved March 8, L894, §1.) 2827. 2. The City of St. Paul reserves the right to order the removal of said wires and poles from one place to another, and reserves the right to order their removal absqj lutely from the streets of said city at an) time. Said deter- mination to be expressed by a vote of the Common Council. Sec. 3. This ordinance shall take effeel and be in force from and after its p; md publication. 1120 MISSISSIPPI VALLEY TELEPHONE COMPANY. Ordinance No. 1974. (Approyed March S4, 1898.) 2828. An Ordinance granting to the Mississippi Valley- Telephone Company, its Successors and Assigns, Authority to Construct, Operate and Maintain a Telephone Exchange System in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. There is hereby granted to the Mississippi Valley Telephone Company, a corporation, organized under the laws of the State of Minnesota, its successors and assigns, for a period of twenty-five years from the acceptance of this ordi- nance, as hereinafter provided, the right and authority to establish, construct, operate and maintain a telephone ex- change system in the City of St. Paul, Minnesota, and to con- struct, maintain and repair conduits, with the necessary man- holes and service pipes for the purpose of conducting and dis- tributing the necessary wires and cables, and to make house and building connections upon, along, in and under the streets, alleys and public places in' said city, and also to repair, replace, enlarge and extend the same, and to carry on the business of telephoning and renting electric telephones within said city, subject to the ordinances, rules and regulations of said city, and subject to the conditions and provisions of this ordinance. Provided, That nothing contained in this ordinance shall authorize the construction, maintenance or operation of a con- duit system for any purpose other than to maintain therein the telephone wires and cables of said telephone exchange system, to be constructed and operated thereunder. Said Mississippi Valley Telephone Company is also au- thorized, when necessarv, to erect, construct, maintain and repair within said city, telephone poles, with the necessary cross-arms and fixtures, and to stretch and maintain thereon wires and cables, to be used in connection with said telephone exchange system. 1121 All of the wires of said system within the territory bound- ed by and commencing at the west side of Eagle street, on the north bank of the Mississippi river, running thence along the west line of Eagle street, to the south line of Seventh street, to the west line of Chestnut street, and thence along the west line of Chestnut street to the north line of Pleasant avenue, and thence along the north line of Pleasant avenue to the westerly line of Third street, and thence along the west- erly line of Third street to the north line of Summit avenue, and thence along the north line of Summit avenue to the east line of Robert street, and thence along the east side of Robert street to the east side of Jackson street, thence along the easl side of Jackson street to the north side of Grove street, thence along the north side of Grove street to the east side of Broad- way street, thence along- the east side of Broadwa} street to the north side of Eighth street, thence along the north side of Eighth >treet, to the easl side of Kittson street, thence along the east side of Kittson street to the south side of Kourth street, thence along the south side of Fourl to the east side of Broadway street, thence along the east side of I '.roadway street to the north hank of the Missis- sippi river, thence along the north hank of said river to the point of beginning, shall lie placed underground in conduits or subways, and no poles -hall he erected on any of the streets within any of the territory above described for any purj aid telephone exchange system, excepl one pole to each block for distributing wire-. Said poles to he placed in . or rear of buildings as far a- possible, but outside of said ritory the -aid company i- authorized to place ii- wires upon !. a- in this i >rdinanre specjfied the pri\ ill herein granted being subject always to all ordinances, rules and regulations of the City of St. Paul, and subjeel to tin ditions and provi this ordinance. Th< mtee, its succi ■'!-. shall replace all streets, alleys and public grounds on and in which an) work shall be don. under the provisions of this ordinance in as good order and con dition as the same were before the doinj and all such work- -hall be done under the supervision of and as directed by the Cit) Engineer of the city, excepl as herein otherwise provided. 1122 2829. Sec. 2. Said Mississippi Valley Telephone Com- pany, its successors and assigns, shall, at all times, be limited in its charges for telephone service, not exceeding the follow- ing scale of rentals, to-wit: For one business telephone, e located within two miles of the United States general post office, as now located in said city, the sum of $48.00 per annum, and for one residence telephone, located within said limits, the sum of $30.00 per annum ; and for each half mile or fraction thereof beyond said two mile limit, in an air line, the additional sum of twenty-five cents per month for each tele- phone : for all telephones furnished to the City of St. Paul, and by it used for fire alarm, police or other city purpose, not to exceed the following rate, to-wit : To furnish at least three telephones with switchboard service, for $2.50 per month each ; thirty-one telephones, with switchboard service, for $1.50 per month each ; sixty telephones for public calls, with care and maintenance, for $2.50 per year each, and for a rental never exceeding one-half of the present rate paid by the City of St. Paul for such service. The right is expressly reserved by the City of St. Paul to increase the number of telephones by it to be used, in accordance with the schedule price men- tioned in this section. If at any time the City of St. Paul shall purchase and use its own telephone, connected with its own wires, or connected with wires furnished to said city by said company, such fire alarm and police service as may be required to pass over and be connected with the general telephone system of said com- pany shall be furnished to the City of St. Paul free of cost. 2830. Sec. 3. In the construction, maintenance, repair and operation of its telephone exchange, and in the use of the streets, avenues, alleys and public ground in said city therefor, the said company shall, at all times, be subject to and com- ;•!}• with all ordinances, rules and regulations of said city now or hereafter in force, covering the use of streets, avenues, alleys and public grounds, by telephone and telegraph com- panies, and regulating the construction, maintenance and op- eration of such plant within said city, and all plans, specifica- tions, material and apparatus to be used in the construction and operation of said system shall be subject to the approval 1123 of the Common Council; all telephones connected with the said exchange shall be connected only by metallic circuits, and no grounded wire or common return circuits, so called, shall be used or employed by said company in maintaining or oper- ating said telephone exchange, and what is known as party lnus shall in no case be used or operated under this ordinance, nor shall more than one set of telephone instruments be at- tached to any circuit, except when specially authorized by the Common Council. No work shall be done upon any of the streets, alleys or public grounds of the City of St. Paul under this ordinance until such streets, alleys and public grounds, and the manner of doing such work, shall be designated and determined by resolution of the Common Council. 2831. Sec. 1. The term "telephone/' as used herein shall be held and construed to mean a receiver, transmitter, bell, battery and all other appliances as are requisite Eor the com- plete equipment of such telephone instrument 2832. Sec. 5. The privileges herein granted to the said Mississippi Valley Telephone Company are -ranted to it. its successors and assigns, and will, without cost to the Cit) of St. Paul, provide suitable space upon their poles for wire- for fire alarm and police purposes, and will, at their own cosl and expense, furnish, string on its poles and draw in and main- tain in it- conduits all necessary lire alarm and police wires required by the Cit} of St. Paul For it- use during the 1 : this ordinance. And it is further expressly provided, thai the said Mis- ppi Valley Telephone Company, its stv and as- hal. not he required to permit upon its poles, or place in its conduits wii rical currenl can be safely carried on said poles and in said conduits w ithout impairin i \ ice to be carried i m and over the wire- of said company; provided, thai an} ques- of interference arising in this connection shall b< by the Ci >mmon C< mncil. 2833. aid Mississippi Valley Telephone Company shall nol at any time transfer its -lock-, or any part then t< "1;, or any part tin reof, or its ri 1124 or am of its property or effects, to any other telephone or other company now. or hereafter, operating within the City of St. Paul, or make any consolidation with any such Company, without the consent of the Common Council of the City of St. Paul, to he expressed by a resolution passed by a twO- thirds vote of all the members of each body of said Council authorizing such transfer, sale or consolidation, and the tele- phone exchange system to be constructed under this ordinance shall, at no time, be operated under any other telephone ordi- nance heretofore granted by the City of St. Paul. 2834. Sec. 1. The City of St. Paul hereby reserves the right, at its election, to purchase said telephone exchange and conduit system, authorized to be erected under this ordinance, at any time after the expiration of four (4) years from the date of the acceptance of this ordinance by said Mississippi Valley Telephone company, at an amount not exceeding its actual value at the time of purchase, less any depreciation in the value thereof by reason of wear and tear, or from any other cause whatever; and in case of such purchase no value whatever shall be placed upon the franchise or privileges granted under this ordinance. The city and the said Missis- sippi Valley Telephone company, its successors or assigns, failing to agree as to the amount of such purchase price, the value of said telephone exchange and conduit system shall be ascertained by arbitration, the City of .St. Paul, through ito Common Council, to select two arbitrators, the said Missis^ sippi Valley Telephone company, its successors or assigns, to select two; and these failing to agree, shall select a fifth dis- interested arbitrator, and a decision of a majority of said board oi arbitration shall be final and conclusive. In case the four arbitrators cannot agree within thirty (30) days after being lected, or shall fail or neglect to agree on the fifth arbitra- tor for a period of thirty days after being so selected, then a majority of the full bench of the Second Judicial District of the : -Minnesota may select the fifth arbitrator, upon application of cither party. Nothing herein, however, nor in submitting the question of price to arbitration, shall bind the City of St. Paul to pur- id telephone and conduit system at the price fixed by 1125 said board of arbitration, unless said city shall so elect: and it said city shall elect to purchase at the price named by said board of arbitration, it shall have one I 1 | year in which to pay the price named, the said Mississippi Valley Telephone Com- pany, its successors or assigns, to retain possession until pay- ment is made. 2S35. Sec. 8. Said Mississippi Valley Telephone Corn- pan}-, its successors and assigns, shall not bond, mortgage, or in any manner encumber said telephone exchange and conduit system beyond or for more than seventy-five (75) per cent of the actual value thereof, and in case the said City of St. Paul shall exercise its option to purchase said telephone exchange and conduit system, as herein provided, it shall have the right to take the same, subject to any such encumbrance, deducting the amount thereof from the price to be paid. 2836. Sec. 9. The right and privileges granted by this ordinance are upon the condition that the said Mississippi Valley Telephone Company, its successors and assigns, shall pay as compensation and as a consideration for the use of the ts, avenues, alleys and public grounds of said city, for. the purposes herein designated, the full sum and amount of five per cent of its gross earnings from telephone service in the City of St. Paul annually into the Treasur} of said cit) for the list' and benefit of said city; and payment to be made on or before the Lsl day of January of each and ever) year from and after the granting of this ordinance; and for the purpose of ascertaining the gross earnings upon which such payment shall be made as aforesaid, an accurate accounl of such earn ings shall be kept by said com]. any and an abstract and ac- counl thereof furnished by it to the City Treasurer of said City of St. Paul on or before the L5th day of December in each year, the truth of which abstracl shall be verified b) the affidavits of the treasurer and secretar) of said companj ; and for the purpose of verifying such statements, the book said company shall at all times be open for the inspection of such officer, person or persons* as may be appointed foi that purpose b) the Common Council of said city. \nd for the purpose of securing to the City of St. Paul the paymenl of the aforesaid per centum the said city shall have a lien for the 1126 payment of said per centum, and the same shall be a charge upon all the property, estate and effects of said company what- soever, real, personal or mixed, and may be enforced by said city by civil action. But nothing contained herein shall be held to impair the rights of said city to enforce the terms and conditions of this ordinance. Provided, Further, that all provisions of this ordinance providing for the payment of the per centum of gross earn- ings as compensation for the use of the streets, avenues, ahYys and public grounds of said city shall apply to any and all lessees, successors or assigns of said corporation in all re- spects the same as the grantees herein : provided, however, that said Mississippi Valley Telephone Company shall not be required to pay said gross earnings tax on a number of busi- ness telephones and a number of residence telephones equal in number to the business telephones, and residence tele- phones in use by actual subscribers to all opposition telephone companies not required to pay a gross earnings tax to said city. 2837. Sec. 10. Said company shall at all times protect and save harmless the City of St. Paul from all damage and loss from or arising out of, or by reason of construction or operation of said telephone exchange and conduit system, and by reason of any infringement of any patent upon any article or system used in the construction or use of said telephone and conduit system. And further the said company, its suc- cessors and assigns, shall do all its current banking in con- nection with its business in the City of St. Paul, with bank located in said city ; and so far as practical employ residents of St. Paul ; likewise as far as practical, quality and cost being equal, purchase the necessary material used in' the construc- tion, maintenance and repair of said telephone system from St. Paul parties. 2838. .Sec. 11. Said Mississippi Valley Telephone Com- pany shall file its written acceptance of the provisions of this ordinance with the City Clerk ef the City of St. Paul on or be- fore the expiration of sixty (60) days from the passage of this ordinance, and shall, at the same time, file with said City Clerk a bond, with sufficient sureties, to be approved by the Com- n-r. moii Council of said City of St. Paul, in the sum of twenty- five thousand ($25,000.00) dollars, conditioned that the said company shall commence its work of construction of said telephone and conduit system on or before fifteen (15) days from the date of the filing of such acceptance, and that it will thereafter prosecute its work of construction with all reason- able diligence; that it will, within the period of six months from the date of the filing of said bond, expend in the actual and necessary" construction of said system not less than lift}' thousand ( .">0,000.00) dollar-; that it will, within a period of eighteen (18) months from the date of filing of such bond, have not less than twelve hundred (1,200) bona fide subscrib- ers with telephones connected with such system and in opera- tion within said city; that it will comply with all the ordi- nances, rules and regulations of said city in the construction and operation of said system ; that they will protect and save harmless the City of St. Paul from all damages and loss from, or arising out of, or by reason of the construction or opera- tion of said telephone exchange ami conduit system, and 1>\ reason of any infringements or claims of infringement of any patent upon any article or system used in the construction or use of said telephone and conduit system; said bond to cover the full period of the construction of said system until the same shall be completed to the extent of having twelve hun- dred (1,200) bona fide subscribers with telephones in use properly connected with the said system. 2839. See. L2. This ordinance is granted upon the ex- condition thai said Mississippi \ alley Telephone Corn- pan) shall, as an earnesl of good faith, within thirt) (30) days after the pa this ordinance deposil with the City Treasurer of the* Cit) of St. Paul the sum of five thousand ($5,000.00) dollar- in cash, with an agreement to 1m- approved by the City Attorneys of said city, which agreemenl shall provide that -.aid Mississippi Valle) Telephone Company shall accept this ordinance, file said bond of twent) five thou' -and ($25,000.00) dollar-, in accordance with the pro this ordinance: and upon failing SO to do. thai -aid five thou- sand ($5,000.00) dollars in cadi -hall immediately, and with' out any other acl or thing being done, be and become the 1128 absolute propert) of said city as and for ascertained and liquidated damages for the failure to perform' the conditions above mentioned; and said agreement shall further provide that upon the faithful performance of the provisions men- tioned in this section, said five thousand ($5, 000. 00) dollars in cavh. .-.hall he returned to said Mississippi Valley Telephone Company. 2840. See. 13. Failure on the part of said company to file its acceptance hereof with the City Clerk, as herein provided, or to file its bond within the time limited herein, or to comply with any of the provisions of this ordinance, shall render this ordinance null and void. Sec. 14. This ordinance shall take effect and be in force from and after its passage, publication and acceptance. Ordinance No. 2118. i Approved May 23, 1900.) 2841. An Ordinance supplemental to and amendatory of Ordinance No. 1974, entitled "An ordinance grant- ing to the Mississippi Valley Telephone Company, its successors and assigns, authority to construct, operate and maintain a telephone exchange system in the City of St. Paul," approved March 23, 1898. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That section three (3) of Ordinance No. 1974, entitled ''An ordinance granting to the Mississippi Valley Telephone Company, its successors and assigns, authority to construct, operate and maintain a telephone "exchange system in the City of St. Paul," approved March 23, 1898, be and the same is hereby amended by adding to said section the follow- ing: "Provided, however, that two sets of telephone instru- ments may be attached to any one circuit when both such telephone instruments are used in residences, and pafty lines may be established to such extent." Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication 1 L29 SAME. Ordinance No. 2080. (Approved Nov. 8, L899. I 2842. An Ordinance supplemental to and amendatory of Ordinance No. 1974 of the general ordinances of the City of St. Paul, approved March 23, 1898, and entitled "An ordinance granting to the Mississippi Valley Telephone Company, its successors or as- signs, authority to construct, operate and maintain a telephone exchange system in the City of St. Paul." Whereas, By Ordinance No. 19.1 I of the City of St. Paul, entitled "An ordinance granting to the Mississippi Valley Telephone Company, its successors and assigns, authority to construct, operate and maintain a telephone exchange system in the City of St. Paul," approved March 23, 1898, there was granted unto the Mississippi Valley Telephone Company, a corporation organized under the laws of the State of Minne- sota, its successors and assigns, the righl and authority to establish, construct, operate and maintain a telephone change system in the Cit) of St. Paul, Minnesota, upon the conditions and subject to the provisions of said ordinance; and 2843. Whereas, l>\ section eleven (11) of said ordinance. it was provided, anion- other things, that said company should within eighteen I 18) months from the dale of filing of the bond provided for in said section eleven, have nol less than one thousand two hundred i 1,200) bona fide subscribers, with telephone-- connected with the system to be installed as provided in Baid ordinance, and have said one thousand two hundred (1,200) telephones in operation in said city within said eighteen (18) month-., which said bond was filed with the said clerk of said City, as provided by Section eleven, on the I'.'th day of May, 1898; and 2844. Whereas, The Mississippi Valley Telephone Com- pany desires, owing to unforeseen obstacles, to secure an ex- tension of the time to comply with the performance of said 1 L30 ordinance with respect to having in operation the said number of telephones; now therefore The Common Council of the City of St. Paul do ordain as follow- : 2845. Sec. 1. That there be and there is hereby granted to the Mississippi Valley Telephone Company, the grantee of the rights conferred by Ordinance Xo. 1974 aforesaid, upon the conditions and upon the terms hereinafter recited, such an extension of the time limited in and prescribed by the terms of said Ordinance No. 19T4, within which the said company is required to have not less than twelve hundred bona fide sub- scribers with telephones connected with said system and in operation within said City, as that the said Mississippi Valley Telephone Company shall have the full period of twenty (20) months from the date of the filing of the bond by the terms of section eleven of said Ordinance Xo. 1974 required, and until the 19th day of January, 1900, within which time to have not less than twelve hundred (1200) bona fide subscribers with telephones connected with said system and in operation with- in said City, and to have in complete and full operation within said City said twelve hundred (1200) telephones. 2846. Sec. 2. The said Mississippi Valley Telephone Company shall file its written acceptance of the provisions cf this ordinance with the City Clerk of the City of St. Paul on or before the expiration of fifteen (15) days from and after the passage and approval hereof, and shall, at the same time file with the said City Clerk a bond to be approved as to form and execution by the Corporation Attorney of said City, with sufficient sureties to be approved by the Common Council of said City in the sum of Twenty-five Thousand Dollars ,000.00), conditioned that the said Mississippi Valley Telephone Company, its successors or assigns, shall have commenced its said work of construction on said telephone and conduit system on or before the fifteen (15) days from the filing of its acceptance of the said Ordinance Xo. 1974, as approved March 23, 1898. and shall have thereafter and here- after prosecuted its work of construction with all reasonable diligence, and shall, within the period of six (6) months from 1131 the date of its filing of the bond in and by the terms of section eleven of said Ordinance No. 1974 required, have expended in the actual construction of its said system not less than Fifty Thousand Dollars ($50,000.00), and shall, within a period of twenty (20) months from the date of the filing of said bond therein required and on or before the 10th day of January, k900, have not less than twelve hundred (1200) bona fide sub- scribers with telephones connected with such system and in operation within the City of St. Paul, and further, thai said company shall have complied with all of the ordinances, rules and regulations of the City of St. Paul in the construction and operation of said system, and shall hereafter comply with all of the said ordinances, rules and regulations, and shall and will protect and save harmless the City of St. Paul from all damages or losses from or arising out of or by reason of the construction or operation of said telephone exchange and con- duit system, accruing as well before the execution of the bond herein required as subsequent thereto, and from all dam- ages or losses from or arising out of or by reason of any in- fringement or claims of infringement of any patent or patent rights upon any article or system used in the construction, operation or use of said telephone and conduil system, arising as well prior to the execution of tin- bond herein required as subsequent thereto, which said bond shall be in lieu of any and all bonds heretofore gi\rn under the requirements of the provisions of section eleven of said Ordinance No. 1974. 2847. Sec. '■>. This ordinance shall take effect and be h\ Force from and after its passage, publication and acceptance, as hereinbefore required, and upon the filing by the said Mis ppi Valley Telephone Company of its bond, dulj ap proved as hereinbefore required within the time limited here in, nor shall this ordinance be deemed t.. have an} effeel or any force whatever until after a compliance in full with the requirement - of this section. L132 NORTHWESTERN TELEPHONE EXCHANGE COM- PANY. See also Poles, St. Paul Gas Light Company, and Electric Wires. | From Article LXXX., Municipal Code of 1884. £848. Sec. 3. That to authorize the Northwestern Tele- phone Exchange Company to erect telephone or telegraph poles within the City of St. Paul, said company must first file in the office of the city engineer a written application, show- ing upon what street or streets said company desires permis- sion to erect said poles, together with the whole manner of constructing said telephone or telegraph poles, as to the length of the poles, depth in ground, their position, etc., which appli- cation, if approved by the city engineer and the chief engi- neer of the fire department, shall be deemed as permission to erect said poles, to the extent of said approval. (Ord. June 1, 1880, § 1.) 2849. Sec. 1. The poles hereby authorized to be erected, shall be planed and painted, and shall be set in the sidewalk close to the gutter or curb, unless special directions are other- wise given by the city engineer; all poles must be erected to the satisfaction and approval of said engineer. (Id. §2.) 2850. Sec. 5. Whenever any street, on which any tele- phone or telegraph pole shall have been set, shall be graded or paved, the said telephone company shall reset said poles so as to conform to the street as reconstructed. (Id. §3.) 2851. Sec. 6. All the proceedings of said Northwestern Telephone Exchange Company, under this ordinance, shall be subject to any ordinance relative to the same, which may be passed by the Common Council of the City of St. Paul. (Id. §4.) 1133 SAME. Ordinance No. 1262. (Approved November 20, 1889.) 2852. An Ordinance granting to the Northwestern Tele- phone Exchange Company the right to lay con- duits for underground wires in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Permission is hereby granted to the Northwest- ern Telephone Exchange Company, its successors) and as signs, for a period of twenty (20) years from their acceptance under this ordinance, to construct, maintain, and repair con- duits or subways, with necessary manholes and service pipes, for the purpose of conducting and distributing its telephone wires upon the following streets, to-wit: Upon Eas1 Fifth street, from the westerly line of Cedar street to the easterly line of Wacouta street, and upon Cedar street, from the southerly line of Second street to tin' north- erly line of Seventh street. Provided, that nothing herein contained shall he construed a-- granting an} exclusive priv- ileges, or in any way preventing the common council from granting like privileges to those herein granted to others in any streel . 2853. 2. Tin. main conduits or subways herein au thorized shall he laid in streets and avenues, in a line pai with the curb lines thereof, and ai such distance from the curbstone a- -hall not interfere with water, gas, and sewer pipes already in said street^ and avenues; and all said duits or subways -hall hi' constructed under the supervision of tin- ' h • engineer of the Cit) of St . Paul, or such othei cer as may be designated by ordinance for that purpose, and in such part of the r avenu< all hi- designated Lich officer, and all plan- and detail- of -aid conduil or sub - in any -tree] in the Cit) of St. Paul shall he submitted and approved b) such. officer before any such conduil oi way shall he laid. Tin rein, tin ms, -hall commence tin- construction of such conduits or subways within -i\ I'll months from tin- a< I this 1134 ordinance, and shall complete the construction thereof on the streets hereinabove named within one (1) year of such ac- ceptance, or this franchise shall be null and void. 2854. Sec. 3. At least twenty-four (24) hours before open- ing any street, avenue, or alley, or any public place, the gran- tees herein, their successors and assigns, shall notify the proper officers of said city in writing of such intention, stating the place where, and the objects for which such opening is to be made ; and shall file with the city engineer of the City of St. Paul a map or plan showing the location of such conduit and manholes, which plan shall be approved by said city engineer before the opening of any street or alley. And in opening and refilling of all the openings made as aforesaid, and in the relaying of pavements and all other work necessary to complete the restoration of the streets, pave- ments, sidewalks, or grounds to an equally good condition as when disturbed, the said grantees herein, their successors, and assigns, or their contractor, servant or employees, shall be under the supervision of the city engineer of the City of St. Paul, or such other officer as may be designated for that pur- pose, and shall promptly comply with any order of his in ref- erence thereto, and in case they fail to comply with such order the city may perform the work ordered, and the gran- tees will pay therefor, and all of said work shall be done at the cost of said grantees. Xor shall any street, avenue, or alley, or public place be allowed to remain open or encumbered for a longer period than shall be necessary to execute the work for which the same has been opened ; such period in no case to exceed fif- teen (15) clays, and in all cases where the work requires the exercise of skill, as in the laying or relaying of pavements or sidewalks, the said grantees, their successors, and assigns, shall employ none but skilled workmen familiar with the exec tit ion of such work. 2855. Sec. 4. In consideration of the privileges herein granted, the grantees herein, their successors, and assigns, shall, without cost to the City of St. Paul, provide space, draw in and maintain and furnish all wires, conductors and con- duits used in said system by the said City of St. Paul for tele- 1 L35 graph or telephone or fire alarm purposes, and in addition thereto continue to furnish free, twenty (20) sets of tele- phones now used by said city, and at half rates for any ad- ditional number required. 2858. Sec. 5. That the Northwestern 'Telephone Ex- change Company shall construct its underground conduits of sufficient capacity to carry all the present electrical wires of other companies and its own wires, and provide for an in- crease of such wires to at least the extent of one hundred (100) per cent of all such wires at present in use, except elec- tric light and power wires, and shall carry such wires into its conduits upon such terms and conditions as shall be agreed upon by the parties, or as may be determined by arbitration as follows, viz: The said Northwestern Telephone Exchange Company shall designate one arbitrator, any company now existing, or to be hereafter created or formed, desiring the use of any conduit, to appoint another, and these two to desig- nate the third, and the decision of the majority of such arbi- trators as to the terms and conditions of using the conduits shall be obligatory on both parties and shall constitute the terms and conditions upon which such applying companies, other than electric light and power companies, shall enter. use and occupy such conduits, but nothing herein contained shall be so construed as to compel the Northwestern Tele- phone Exchange Compan) to surrender such space in its con- duits as shall b< necessary to accommodate its own business, and in no event to an) company using a stronger electric current, which would impair the efficiency of the servii said Northwestern Telephone Exchai rmpany, the ques- tion of interfere! e decided bj a commits isting of t! engineer, superintendent of fire alarm telegraph, and er person as they may agree upon. 2857. dinance shall be si i a »n- strue ih-' >lve said grantees, th< gal liability or proceedings to restrain or abate any nuisance arising from the construction or opera! ion of said conduits or subways, nor from any liabilit) from injury • rson or property resull ing fn »m the n< the grantees herein, their su< or their contrac- l L36 rvants or employes in constructing or operating said subways, nor to render the said City of St. Paul liable to any person or corporation for any damage caused by the com struction or operation of said conduits or subways by the grantees herein, their successors, or assigns; and said gran- tees, their successors, and assigns, shall protect and save the City of St. Paul harmless from any suit or claim for injuries or damages arising from their negligence, or that of their contractor or servants or employes in the construction or oper- ation of said conduits or subways. 2858. Sec. 7. The grantees herein, their successors, and assigns, shall at all times be subject to and comply with all the ordinances of the City of St. Paul, now in force, or that may be hereafter passed, governing the nse of and occupancy of streets of said city, subject only to the limitations herein provided, and shall comply with all police regulations now in or hereafter enacted; and should said grantees, their suc- cessors, or assigns, at any time fail or refuse to obey and com- ply with any of the provisions herein contained or hereafter enacted subject to the limitations above, then said grantees, their successors, and assigns, shall forfeit all right, power, and privileges by this ordinance granted and conferred, and this franchise shall be null and void. 2859. Sec. 8. That before the construction of said con- duits and subways, the grantees herein, their successors, or assigns, shall execute to the City of St. Paul a bond in the sum of twenty thousand dollars ($20,000), conditioned that said grantees, their successors and assigns, shall indemnify and save the City of St. Paul harmless against all suits, dam- costs and expenses that shall in any way result to the City from the laying, relaying, or using of said conduits or manholes or the wires therein. Said bond shall be signed by two I 2 i or more good and sufficient sureties, to be approved he city comptroller, who shall report to the common council at least once a year as to the liability of said sureties, and should the common council of the City of St. Paul, by resolution, deem the sureties on said bond insufficient at any time during the continuance of this franchise the grantees herein, their sticcessors, or assigns, shall within thirty (30) 1137 days after notice of said resolution lias been served upon the proper officer or person in charge of the construction or op- eration of said conduits or subways, file a new bond with good and sufficient sureties as above provided. 2860. Sec. 9. Tlie said grantees, their successors, and as- signs, shall within sixty (60) days from the passage and ap- proval of this ordinance hie with the city clerk, an acceptance, in writing, of the terms and conditions herein named, which written acceptance shall be in such form as may be satisfac- tory to the corporation attorney, who shall indorse thereon his approval of the form thereof; and this ordinance shall have no ( ffect until such acceptance be filed with the city clerk as aforesaid. (As amended by Ord. 1271, Dec. L7, 1889, § 1.) 2861. Sec. L0. The common council of the -aid Cit} of St. Paul reserves the right to order the construction and use by -aid grantees of not less than six thousand (6,000) fret of additional conduits and wire- during each year after tin- year L889, on such streets and avenues as the common council may designate, and in the event of non-compliance with an) such order, all rights hereby granted shall be forfeited. Sec. 11. This ordinance shall take effect and be in force from and after ii- passage and approval. SAME. Ordinance No. 1443. I Vppr< »ved I )ecember '■'<. L890 - 2862. An Ordinance supplemental to Ordinance No. 1296, entitled "An ordinance granting the Northwestern Telephone Exchange Company the right to lay conduits for carrying the wires of such company underground in the City of St. Paul," approved Feb. 19, 1890. The Common Council of the City of St. Paul do ordain as folk iws : I. There is hereby granted ami allowed to the Northwestern Telephone Exchan ' ipan} an extension of 1 L38 time until the first day of April, 1891, to complete the con- struction o*f the conduits and subways and the necessary man- holes and service pipes as authorized to be constructed, main- tained, and operated by section one (1) of ordinance number twelve hundred and ninety-six i 1296), entitled "An ordinance granting the Northwestern Telephone Exchange Company the right to lay conduits for carrying the wires of such company underground in the City of St. Paul/' approved Feb. 19, 1890, and also for the doing and completion of all the work author- ized to be dune by all the provisions of said ordinance, which said work was to be fully done and completed in and by the terms of said ordinance on or before the 1st day of December, A. 1). 1890; provided, however, that if the said company shall fail or neglect to fully complete all of the work provided in said ordinance within the said extended time herein specified, the forfeiture, penalty and provisions of section seven ('? ) of said ordinance number twelve hundred and ninety-six (1296), together with all the other provisions of said ordinance, shall apply and be in full force, with the same effect as if the said extended time had been specified originally in said ordinance number twelve hundred and ninety-six (1296) for the com- pletion of all the work authorized to be done by the terms of said ordinance ; provided further, however, that this ordinance shall not be construed and is not intended to waive the right of the city to declare and enforce a forfeiture of said franchise in case said company shall fail to comply with all other pro- ms of said ordinance number twelve hundred and mnety- six (1296) in the same manner and at the times therein pro- vided. 2863. . 2. The Northwestern Telephone Exchange Company shall within thirty (30) days from the passage and approval of this ordinance file with the city clerk an accept- ance, in writing, of the terms and conditions of tlVJs ordinance, which written acceptance shall be in such form as shall be satisfactory to the corporation attorney, who shall endorse thereon his approval of the form thereof. 3. This ordinance shall take effect and be in force from and after its publication and acceptance as aforesaid. L139 SAME. Ordinance No. 1296. ( Approved February 19, 1890. ) 2864. An Ordinance granting to the Northwestern Tele- phone Exchange Company the right to lay con- duits for carrying the wires of such company un- derground in the City of St. Paul. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. The right and permission is hereby granted to the Northwestern Telephone Exchange Company, it- suc- >rs, and assigns, to construct, maintain, operate, and re- pair electrical wires, conduits, or subways, with necessary manholes and service pipes, sufficient for the purpose of con- ducting and distributing it- wires upon and through such streets and in such portions of the streets of the City of St. Paul as shall by resolutions of the common council of said city be from time to time hereafter designated, but no rights or privileges are by tin's ordinance granted to said company upon any streel or portion of a street which shall not be so designated by -aid common council by a three-fourths Such right and permission to he extended b) said company in manner and in form a- is hereinafter provided and subjeel to the directions and requirements of this ordinance ami nol othi ■ 2865. '!. Tin- main conduit- or subways herein au- thorized -hall be laid in streets and avenues on a hue parallel with tin- curb line- thereof, and at such distances from the eurh -tone a- not to interfere with water, gas and -ewer pipes alreadj in said sti "I avenues, \w\ all -aid conduits or subways -hall he constructed under the supervision of the cit) the City of St. Paul, or such other officer desi mated l>\ ordinance for thai purpose, and in such part - i if tin i ir avenu hall he d< l by such And all plans and details of *-> ; i i < I conduit subways in any streel of the City of St. Paul shall be submit- ted to and approved 1>\ such officer before an\ such conduil or subway -hall be laid. L140 2866. Sec. ■">. At least twenty-four (24) hours before open- ing any street, avenue, or alley, or any public place, the gran- tees herein named, their successors and assigns, shall notify the proper officer of said city in writing of their intention to l..\ such conduit or subway, stating" the place where and dis- tances the same shall run and the objects for which such opening is to be made, and shall file with the city engineer of the City of St. Paul a map or plan showing the location of such conduit and manholes, which plan shall be approved by the city engineer before the opening of any street or alley. And in the opening and refilling of all the openings made as aforesaid, and in the relaying of the pavements, and all other work necessary to complete the restoration of the street, pavements, sidewalks, and ground to any equally good con- dition as when disturbed, the said grantees herein, their suc- cessors, or assigns, or their contractor, servant or employes, shall be under the supervision of the city engineer of the City of St. Paul, or such other officer as may be designated for that purpose, and shall promptly comply with any order of his in- reference thereto ; and in case they fail to comply with such order the city may perform the work ordered and the grantees will pay therefor, and all of said work shall be done at the cost of said grantees. Xor shall any street, avenue or alley, or public place be allow/ed to remain open or encumbered for a longer period than shall be necessary to execute the work for which the same has been opened. Such period in no case to exceed fifteen (15) days. And in all cases where the work requires the exercise of skill, as in the laying or relaying of pavements or sidewalks, the said grantees, their successors, or assign-, shall employ none but skilled workmen, familiar with the execution of such work. 2867. Sec. d. Nothing in this ordinance shall be so con- strued as to absolve said grantees, their successors, or assigns, 'rom any legal liability or proceedings to restrain or abate any nuisance arising from the construction or operation of said conduits or subways, nor from any liability from injury to persons or property resulting from the negligence of the c,'-antees herein, their successors, or assigns, or their contractors, servants, or employes, in constructing or 1141 operating said subways; nor to render the said City of St. Paul liable to any person or corporation for any damage caused in the construction or operation of said conduit-- or subways by the grantees herein, their successors, or assigns. And said grantees, their successors, or assigns, shall protect and save the City of St. Paul harmless From any suit or claim for in- juries or damages arising from their negligence or that of their contractor or servant or employes in the construction or operation of said conduits or subways. 2868. Sec. 5. The grantees herein, their successors, and assigns, -had be at all times subject to and comply with all lawful ordinances of the City of St. Paul now in force or that may hereafter be passed relating to the use and occupanc} of the streets of said city, and shall construct and complete at least two (2) miles of conduits along the streets of said city, and place their wires along said two (2) miles of Streets in said conduits on or before the first day of Decefmber, A. I ). L890, and shall thereafter place their wires in conduit- under ground whenever ordered by the common council of the City of St. Paul, not exceeding two (2) miles per year, and shall comply with all police regulations now or hereafter enacted; and that before the construction of said conduits ami subways tin- grantees herein, their successors, or assigns, shall execute to the City of St. Paul a bond in the sum of ten thousand dollar- (Sin uihi i. conditioned thai --aid grantees, their suc- irs, ami assigns, -hall indemnify and save harmless the City of St. Paul againsl all -nit-, damages, costs ami expenses that shall in any way result to the city from the laying, relay* iug or using of -aid conduits or manholes or the w< irks therein. Said bond -hall be signed by two i 2 i or more good and sufficient sureties, to be approved by the cit) comptroller, who --hall report to the common council, at least once a year, as to the liability of said sureties. And should the common council of the City of St. Paul, by resolution, deem the sureties of said bond insufficient at any time during the continuance of this franchise, the grantee- herein, their successors, or as- . shall within thirty < :;(, i day- after notice of said ' lution has been served upon the proper officer or person in charge of the construction or operation of said conduits or L 142 subways, file a new bond with good and sufficient sureties as above provided. (As amended by Ord. 1700, Aug'. 1. L893, § 1. See. also, I >.rd. 1 I 13 f< >r extensii in of time. ) 2S69. See. 6. The said grantees herein named, their suc- — rs, or assigns, in consideration of the privileges herein -ranted to them, shall furnish, without cost, to the City of St. Paul, twenty (20) sets of telephones now used by said city, and all other telephones ordered by said city for public use in its departments at half rates. And in consideration of the privileges herein granted; the grantees herein, their successors and assigns, shall, without cost to the City of St. Paul pro- vide and furnish sufficient conduits of the same character as their own or sufficient space in their conduits in all streets and parts of streets they occupy or use hereunder at the time and ever after they commence to use any thereof, for. draw in, furnish and -maintain in working order all wires and conduc- tors used or needed on or along such streets and parts of streets by the City of St. Paul for telegraph, telephone, fire alarm, or police purposes. And said grantees, their succes- sors, and assigns, shall within thirty (30) days from the pass- age and approval of this ordinance file with the city clerk an acceptance in writing of the terms and conditions herein named, which written acceptance shall be in such form as may be satisfactory to the corporation attorney, who shall endorse thereon his approval of the form thereof, and this ordinance shall have no effect until such acceptance be filed with the city clerk as aforesaid. 2870. Sec. 7. If said Northwestern Telephone Exchange Company shall fail or neglect to lay said conduits and place its wires underground within the time and in the manner herein specified, or shall fail to comply with the provisions of this ordinance, then all rights and privileges hereby granted shall be forfeited to the said City of St. Paul. 2871. Sec. 8. The said Northwestern Telephone Ex- change Company, its successors, or assigns, shall be entitled to enjoy the rights and privileges hereby granted for the term of twenty (20) years after the passage and publication of this ordinance. L143 Sec. 9. This ordinance shall take effect and be in force from and after its passage and approval. SAME. Ordinance No. 2001. i Appn tved August 5, 1898. I 2872. An Ordinance regulating and controlling the placing of poles and overhead telephone wires in a certain district in the Eleventh ward of the city. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That the Northwestern Telephone Exchange Company shall forthwith, and within sixty days after the sage of this ordinance, remove all poles ami overhead wires owned and maintained by said company mi Fairview avenue in the City of St. Paul between Selby avenue and Marshall avenue, and on Marshall avenue between Fairview avenue and Finn avenue in said city, but in place thereoi said company may until the further order of the Common Council place and maintain said poles and wires on Fairview avenue between the point where Selby avenue joins the easterly line thereof south to the point where Selby avenue joins -aid Pair view avenue on the west side thereof, and thence on Selby avenue to Finn avenue and thence on Finn avenue i<> -aid Mar-hall avenue. 2873. 2. If -aid Northwestern Telephone Exchange Company -hall accepl this ordinance in tin- manner herein after provided and abide b) the conditions thereof, said com pany is then hereb) authorized to complete it- existing line of pole- and wire- i ■ 1 1 Prior avenue from Selb) avenue to [Tniversity avenue putting in such additional poles and re placing such old ones as ma\ be necessary, and also to put in .-> line of poles and wires on Cleveland avenue from Mar-hall avenue to Selby avenue and maintain the same until such time a- the Common Council -hall otherwise order. 2874. Sec. 3. From and after the passage and publication of this ordinance -■•ml Northwestern Telephone Exchange 1111 Compaii} shall nol ered any poles or masts of any character oi place any overhead wires in any of the streets in the dis- trict bounded north by University avenue, west by Cleveland avenue, south by Selby avenue, and east by Herschel avenue, but when occasion shall arise for additional overhead wires in said district the same shall be placed only in the alleys un- der the direction of the Common Council. 2875. Sec. I. Said Northwestern Telephone Exchange Company shall within ten days after the passage and publica- tion of this ordinance file in the office of the City Clerk its written acceptance thereof, the same to be in such form and to be executed in such manner as shall be approved by the Corp« »rati< »n Attorney. 2876. Sec. 5. This ordinance having been duly passed and published, shall take effect and be in force from and after, and only upon the acceptance thereof in the form and manner hereinbefore provided. SAME. Ordinance No. 2010. (Approved September 16, 1898.) 2877. An Ordinance regulating and controlling the placing of poles and overhead telephone wires in a certain district in the Eleventh ward of the city. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. That the Northwestern Telephone Exchange Company shall forthwith and within GO days after the passage of this ordinance remove all poles and overhead wires owned and maintained by said company on Fairview avenue, in the City of St. Paul, between Selby avenue and Marshall avenue, and on Marshall avenue between Fairview avenue and Finn avenue, in said city, but in place thereof said company may place said poles and wires on Fairview avenue between the point where Selby avenue joins the easterly line thereof south to the point where Selby avenue joins said Fairview avenue 1145 on the wesl side thereof, and thence on Selby avenue to Finn avenue, and thence on Finn avenue to Marshall avenue. 2878. Sec. 2. If said Northwestern Telephone Exchange C6mpany shall accept this ordinance in the manner herein- after provided, and abide by the conditions thereof, said com- pany then is hereby authorized to complete its existing- lin poles and wires on Prior avenue, from Selby avenue to Uni- versity avenue, putting in such additional poles and replacing such old ones as may be necessary, and also to put in a line of poles and wires on Cleveland avenue, from Marshall avenue to Selby avenue. 2879. Sec. o. From and after the passage and publication of this ordinance, said Northwestern Telephone Exchange Company shall not erect any poles or masts of any character or place any overhead wires in any of the streets in the district bounded north by University avenue, west by Cleveland ave- nue, south by Selby avenue, and east by Fairview avenue, but when occasion shall arise for additional overhead wires in said district, the same shall be placed only in the alleys. 2880. Sec. 4. Said Northwestern Telephone Exchange ipany shall within ten days after the passage and publica- tion of this ordinance, file in the office of the City Clerk its written acceptance thereof, the same to be in such Form as shall be approved by the Corporation Attorney. 2881. Sec. 5. This ordinance, having been duly passed and published, shall lake effeel and be in force from and after and onk upon the acceptance thereof in the form and manner hereinbef »re pr< <\ ided. 1 1 1<; SAME. Ordinance No. 2016. I Approved < >ctober 10, L898. i 2882. An Ordinance to amend Ordinance No. 2010, en- titled "An Ordinance regulating and controlling the placing of poles and overhead telephone wires in a certain district in the Eleventh ward, of the City," approved Sept. 16, 1898. The Common Council of the City of St. Paul do ordain as follows : Sec. 1. Sec. 4, of Ordinance No. 2010, approved Sept. 16, L898, be and the same is hereby amended so as to read as fol- li ws: "Section 4. Said Northwestern Telephone Exchange Company shall within thirty ('30) days after the passage and publication of this ordinance, file in the office of the City Clerk its written acceptance thereof, the same to be in such form as shall be approved by the Corporation Attorney." Sec. 2. This ordinance shall take effect and be in force from and after its passage and publication. MISSISSIPPI VALLEY TELEPHONE COMPANY. Ordinance No. 2080. I Approved Xovember 8, 1899.) 2883. An Ordinance supplemental to Ordinance No. 1974 of the general ordinances of the City of St. Paul, approved March 23, 1898, and entitled "An Ordi- nance granting to the Mississippi Valley Tele- phone Company, its successors and assigns, au- thority to construct, operate and maintain a tele- phone exchange system in the City of St. Paul." Whereas, by Ordinance No. 1974 of the City of St. Paul, entitled "An Ordinance granting to the Mississippi Valley Telephone Company, its successors and assigns, authority to construct, operate and maintain a telephone exchange system in the City of St. Paul," approved March 23, 1898, there was granted unto the Mississippi Valley Telephone Company, a 1147 corporation organized under the laws of the State of Minne- sota, its successors and assigns, the right and authority to establish, construct, operate and maintain a telephone ex- change system in the City of St. Paul, Minnesota, upon the conditions and subject to the provisions of said ordinance : and, 2884. Whereas, by section eleven of said ordinance, it was provided, among other things, that said company should with- in eighteen (18) months from the date of filing of the bond, provided for in said section eleven, have not less than one thousand two hundred ( 1,200) bona fide subscribers, with telephones connected with the system to be installed as pro vided in said ordinance, and have said one thousand two hun- dred (1,200) telephones in operation in said city within said eighteen i L8) months, which said bond was filed with the said clerk of said city, as provided by section eleven, on the 19th day of May. A. I ). 1898; and 2885. Whereas, the Mississippi Valley Telephone Com- pany desire. owing t to unforeseen obstacles, to secure an ex tension of the time to comply with the performance of said ordinance with respect to having in operation the said numbei < if telephi >nes : Now, therefore ihe Common Council of the Cit) of St. I 'aid do ordain as follows; 2886. 1. Thai there be and there is hereby granted to the Mississippi /Valley Telephone Company, the grantee of the rights conferred 1>\ < Ordinance Mo. I'-'i l aforesaid, upon the conditions and upon the onus hereinafter recited, such .-in extension of the time limited in and prescribed b) the term- of -aid ( Ordinance \<>. 191 I. within which the said com- pany i- required to have nol less than twelve hundred bona fide subscribers with telephones connected with said system and in operation within said city, as thai the said Mississippi Valley Telephone Company shall have the full period of twenty (20) month-, from the dale of the filing of the bond by the terms of section eleven of said ( Ordinance No, 191 I re quired, and until the L9th daj of January, L900, within which time to have not less than twelve hundred (1,200) bona fide 11 L8 subscribers with telephones connected with said system and in operation within said city, and to have in complete and full operation within said city said twelve hundred (1,200) tele- ph< >nes. 2887. Sec. 2. That said Mississippi Valley Telephone Company shall file its written acceptance of the provisions of this ordinance with the City Clerk of St. Panl on or hefore the expiration of fifteen (15) days from and after the passage and approval hereof, and shall, at the same time, file with said City Clerk a bond to be approved as to form and execution by the Corporation Attorney of said city, with sufficient sure- ties to be approved by the Common Council of said city in the sum of twenty-five thousand dollars ($25,000), conditioned that the said Mississippi Valley Telephone Company, its suc- cessors or assigns, shall have commenced its said work of con- struction on said telephone and conduit system on or before the fifteen (15) days from the filing of its acceptance of the said Ordinance Xo. 1974, as approved March 23, 1898, and shall have thereafter and hereafter prosecuted its work of construction with all reasonable diligence, and shall, within the period of six (6) months from the date of its filing of the bond in and by the terms of section eleven of said Ordinance Xo. 1974: required, have expended in the actual construction of its said system not less than fifty thousand dollars ($50,000), and shall, within a period of twenty (20) months from the date of the filing of said bond therein required and on or before the 19th day of January, 1900, have not less than twelve hundred (1,200) bona fide subscribers with telephones connected with such system and in operation w-ithin the City of St. Paul, and further, that said company shall have com- plied with all of the ordinances, rules and regulations of the City of St. Paul in the construction and operation of said sys- tem, and shall hereafter comply with all of the said ordi- nances, rules and regulations, and shall and will protect and save harmless the City of St. Paul from all dam- ages or losses from or arising out of or by reason of the con- struction or operation of said telephone exchange and conduit system, accruing as well before the execution of the bond here- in required as subsequent thereto, and from all damages or 1149 losses from or arising" out of or by reason of any infringement or claims of infringement of any patent or patent rights upon any article or system used in the construction, operation or use of said telephone and conduit system, arising as well prior to the execution of the bond herein required as subse- quent thereto, which said bond shall be in lieu of any and all bonds heretofore given under the requirements of the pro visions of section eleven of said ( Irdinance No. L91 l. 2888. See. 3. This ordinance shall lake effect and be in force from and after its passage, publication and acceptance, as hereinbefore required, and upon the filing by the said Mis- sissippi Valley Telephone Company, of its bond, duly ap- proved as hereinbefore required within the time limited here- in, nor shall this ordinance be deemed to have any effect or any force whatever until after a compliance in full with the requirements of this section. SAME. Ordinance No. 2118. (Approved .May 83, L900.) 2889. An Ordinance supplemental to and amendatory of Ordinance No. 1974, entitled, "An Ordinance granting to the Mississippi Valley Telephone Company, its successors and assigns, authority to construct, operate and maintain a telephone ex- change system in the City of St. Paul," approved March 23, 1898. The Common Council of the Cit) of St. Paul do ordain as fi .11' »ws : Sec. I. Thai section 3 of Ordinano 1974, entitled "An Ordinance granting to the Mississippi Valle) Telephone Company, its sui igns, authority to construct, operate and maintain a telephone exilian-, • system in the City of St. Paul," approved March 23, 1898, be and the is hereb) amended by adding to said section the following: Provided, however, thai two sets of telephone instruments ma) be attached to an) one circuit when both such telephone 11 J sidei - md party lines may be es- tabli- such extent. 8. This Ordinance shall take effect and be in force 5S g md publication. SAME. Ordinance No. 2393. (Approved Aug. 20, 19 2890. An Ordinance to release and discharge the Twin City Telephone Company and its surety, the Unit- ed States Fidelity & Guaranty Company from the bond given by them to the City of St. Paul under the provisions of Ordinance No. 2080. passed No- vember 7. 1899. and approved November 8. 1899. and supplemental to Ordinance No. 1974. 2S91. Whereas. The Twin City Telephone Company un- rr name of Mississippi Valley Telephone Com- pany, did ex- the City of St. Paul a bond in the sum of Twenty-five Thousand Dollars $21 signed by The rtiaranty Company as - under the prov; - nance No. 20£ passed Noveml r L£ and ap- ;r conditions of said ordinances hereinbefore referred to. Sec. 2. This ordinance shall take effect from and after its publication. Ordinance No. 2482. I Approved Dec. IT L904. 1 2894. An Ordinance to require the removal of all poles and overhead wires from a portion of St. Anthony avenue. The Common Council of the Cit) of St. Paul do ordain as f( dlows: Sec. 1. That all persons, companies and corporations now having and maintaining any poles and overhead wires on St. Anthony avenue, from Cleveland avenue to the right of \\a\ of the Chicago, Milwaukee <.\.- St. Paul Railwaj Company, in the City of Si. Paul, are hereb) ordered and required to down and remove all such poles and wires from said por- tion of -aid street, on or bef< of July, 1905, For tin- reas< »n that -aid pole- and w ires have b lie nuisance upon -aid streel ; and to thai end. permission i- hereb) given to an) persons, companies or corporations owning ami maintaining an) such . to lay and construct underground conduits along and under that por- tion of --aid streel for the accommodation of such wire- and the transaction of their business thereon, or, in tin alleys if tin- alhy- arc preferable i heri I 2895. The Commissionei of Public Works is charged with the enforcenn nl irdinance and is dire* tec] forthwith to serve a copy thereof upon all persons, companies and corpora L152 tions owning or maintaining any such poles and wires on the aforesaid portion of said street, and in case of disobedience of the terms hereof, said Commissioner of Public Works is au- thorized and directed forthwith upon the expiration of the time limited for the removal of said poles and wires, to take down and remove all of said poles and wires from the afore- said portion of said street; the cost and expense thereof to be paid from the Street and Sewer Fund. Sec. '2. This ordinance shall take effect and be in force from and after its passage, approval and publication. RESOLUTION. 2896. Whereas. Certain persons, companies or corpora- tions are now using and maintaining electrical wires, support- ed by poles and appliances, in and over certain streets and public grounds in the City within the prohibited district de- fined by Ordinance No. 1675, approved April 18. 1893, being Article number 28 of the compilation of city ordinances, and also in violation of the provisions of Ordinance Xo. 1764, ap- proved June 4, 1894, being Article number 57 of said compila- tion, which said wires and poles constitute an unlawful and dangerous obstruction of said streets and public grounds ; therefore be it £897. Resolved, That the Honorable Mayor of the City of St. Paul be and he is hereby requested to cause proper notice to be served upon all such persons, companies or corporations, directing their attention to the fact that the time prescribed by law for the removal of all such wdres, poles and appliances from above the surface of said streets has wholly expired, and requiring them to comply with the provisions of such ordi- nances within a reasonable time after the service of such no- tice under penalty of being summarily dealt with as therein provided : provided that the wires, poles and appliances neces- sary to supply and support the electric arc lights now main- tained for the purpose of lighting said City be exempted from the provisions hereof. 2S98. Resolved further, That the City Clerk be and he is hereby directed to transmit a copy of this resolution to the Honorable Mayor immediately upon its passage. Approved September 7, 1899. IK- INDEX. A. Sec. No. Abatement — Salary of members 1 Abbot Manufacturing Co. — Spur track 1097 Abutments — for arches 1840 Accidents — To Elevators 1940 Accidents — From collision of vehicles..: I:.'.~> Accoucher — Registered 487 Access — to buildings — manholes, etc., right of inspector, electrician 332 Acid — Carbolic, sale in crude form 139 Acid — Carbolic, sale of restricted 134 Additional double track, Jackson St. Line (City Rail- u ay) 2365 Additions or alterations 1780 Advertised Articles (Pawnbrokers, etc.) 757 tisements — Forbidden on bridges 93 Advertisements (Forbidden in Park) r02 Advertising— On bridges 70 Advertising- -At C< mn i I 'ark 2 tising — Gongs not to be rung on streets 24 Advertising On posts or poles it Advertising— Wagons not to have gongs .' i ner 1781 Alarm Fa Uarm telegraph fire 340 Allen, J. H. & i vate Ordinances 1099 Vile) also charter > 996 Alleys, use of for electrii lighting 1185 - in 29 I tion in wiring of building not ide with mit from inspector 33 i Amendments I er 194 to 200 American I >istricl . i 108 1 1 !6 inc. an I >istric1 Telegraph G k Franchi • American Hoist & Dei LI 27-1 149 inc. American Can Co., I lorne & Da 1101-2 Manufacturing C i i SO American Telephon ph Co., Franchi i ir., Anchors Materials, use and Anchors to floor bean 1 19 I of "ii bridgi 1154 Sec. No. Animal- On bridges speed of !»1 Animals— Dead 503-504 Animals — Driving except at crossings LOS 1 ! Animals — How released from pound 178 Animals at large 708 Animals — not to be kept in tenement bouses 189 Animals — not to be upon bicycle paths 54 Animal Matter, Unsound 509 Animals — in parks 699 Animals in Park 716 Animals — pound limits 145 to 17C Animals — Redemption of in pound lT'j-183 Animals — Slaughtered for food 510 Animals to be tagged 678 Antitoxin 541 Apartment houses — Definition, etc 1787 Apartment Houses — fireproof — stairs, etc 1852-1853-1903 Apartment houses — Stairways — fire escapes, etc 1901 Apartment house — table of wall thickness 1831 Apparatus, fire not to be interfered with £4 Appeals — Building Dept 1782 Application for butcher's license '. 125 Application for hotel runner's license 552 Application for hospital license 544 Application for license (liquor) 567 Application for permit to build 1780 Application — for permits for sale of gunpowder and gun cotton 388 Application — for plumber's license 2013 Arbitration — in opening streets, etc 301 Arches and Lintels 1840 Arches for hearths, etc 1864 Arches for fireproof floors. . . 1918 Arches — for smoke stack opening 1862 Arches — load for — under sidewalks 1820 Architect to file copy of tests — building 1812 Areas — open — prohibited under sidewalk 1S56-1886 Areas — permit for .'. 1857 Area Walls 4 Area Walls 1854 Armory to 14 Armory — leasing of 12 Armour & Co., steam pipe 1178 Arrests 794 Arundel St. Spur track 1098 Arundel St. Spur track 1666 1155 No. Ash boxes Ashlar 1 829 Asphalt pavement 735 Asphaltum 1826 Asphalt Pavements— hackmen — Expressmen, etc., not to allow teams to stand on 456 Assignment of license (Liquor) 570 Assistants to Commissioners to have entrance to build- ings 512 Assistant Commissioner of Health 829 Assistant Electrical Inspector 330 taut Inspectors duty of about unwholesome meat. . . Athletic Games Parks 7 11 Attendants to Public Baths 844 Attorney — see "Corporation attorney'' and ''county attor- ney." Auction •sales, gongs not to be rung Auction sales at public L025 Auctioneer — Apply to Common Council for license 16 Auctioneer — to give bond l ; Auctioneer — license fee to be paid by 19 Auctioneer — license to state place of business 20 Auctioneer — must be authorized by state 20 Auctioneers !.") to :M Auctioneers — must have license 15 Auctioneers — not to collect crowds on sidewalk Auctioneers — nol to collect crowds on streets Auditorium to 29 Auditorium Annual reports Auditorium Board Meetings Officers and records.... :.•:> Auditorium — Hoard — Qualifications of Auditorium — disposal of receipts Auditorium -exits to side L963 .Auditorium — fund- and building 26 Auditorium enanci and operation of Auditorium membi I iard Auerfoach & I land- Addition barn I< so I Automatic elevator equipmenl [943 it Automobiles have la nip-- at night Automobiles ■ pe< d o*f Awnings Awnings Awnings [885 Awnings Constriction of .... \wnings C of 1156 Sec. No. Awnings— S it. above sidewalk 33 Awnings — frame work to be iron 34 Awnings — hi >w supported 33 Awnings — In lire limits 33 Awnings — projection over sidewalk 33 B. Hacking of metallic fronts 1936 Back pressure valve 202 1 Back pressure vent pipes 2022A Badges — members of council to wear 250 Badge — Peddlers 762 Badges — Reporters — record of 876-S78 Badge — of telegraph patrolmen 30.2 Bail 35 to 37 Bail — Bondsmen to be freeholders 37 Bail — to be double amount of highest fine 35 Bail — money may be deposited 37 Bail — police to receive 36 Bake ovens 1879 Bakers — see "bread," "loaf" and "weight'' 79 Bakers — to submit to bread inspector 80 Balconies — height above sidewalk 1886 Bait. & Ohio Telegraph Co. franchise 2793 Band Leaders 1834 Bands and Saddles ' 2022 Banning & Oliver's Addition to St. Paul Spur track 1518 Barbed wire on bicycle path 55 Barb wire fence 69 Barb wire fences (see, also, Building Code) 328 Barber Shops 38 to 39 Barber shops — not to be open on Sunday 38 Barking Dogs 285 Barn— C. L. Christianson 1233 Barn & Ice House— Thos. Milton 1534 -Lying concealed in 695 Barrels for rubbish Barrels — Water on bridges 94 Bars & Strainers 2023 Bathing 688 Bathing Pks 716 Basement Stables 1893 Basement walls of brick 1832 Basement walls — existing lining 1836 Bay Windows 1880 Bazille & Guerin's Addition Frame Building 1437 1157 Sec. Xo. Baziile & Guerjn's Addition Frame Building L555 Bazille & Roberts Addition Factory 1693 Beams — on Bearing walls L828 Beams on ledges 1834 Beams of iron and steel L927 Beam — Strength of supports L823 Beams of wood L858 Bearing wall — Definition L828 Bearing wall, thickness, etc 1837 Begging 40 to 41 rig — Defined 40 Behavior — lewd conduct or 262 Bell (Cars) 865 Bells— Sleigh 1090 Bells to strike when — City Ry L056 Bending table of i s i i - and traps of lead 20 1 7 - of soil and waste pipes 2022 Benzine Betting, gambling — Pool rooms Betting — Prohibition of 356 al Bevel ends of beams L858 een Car tracks, removal of snow (City Railway).. B B B B B B B B B i: B B B B B - 42 to 68 cycle — Application and fee for tag 62 cycles not to carry children 52 City Clerk to keep record of tags 63 cycli forbidden on b< mlevards L02 have lantern al nigh! cycle — not to make loud noise cycles — not to be ridden on certain streets 42 to 50, 5 1 cych paths 69 to 68 pal bs animals upon :> i ontr< 'I of paths— funda for 64 paths h ructed .- 60 ■ if w hom cycle paths -signs on paths width of speed of 51 money rei eived from 64 .•. arning to pedestrians t ■ have bell I' - I i.i tag c.l i have one hand on handle bar 52 1158 Sec. No. Bids for Paving 742 Bids for Printing 834 Bill boards 1898 Bill posters— on bridges 70 Bill boards — rules and regulations for 78 Bill boards — signs, etc. on 71 Bill boards — to have license for 76 Birds — Unwholesome 523 Frank D. Blair— Use of alleys 1185 Blasting 863 Blasting 1009 Board of Abatement — Salary of 1 Board for Auditorium — Appointment of . 25 Bd. of Directors Pub. Library S53-857 Bd. of Fire Commissioners 330 Bd. of Fire Commissioners 772-45 Bd. of Fire Com. — Right to enter, etc 776 Bd. of Fire Ins. Underwriters S86-888 Bd. of Health — may compel care of indigents 258 Bd. of Health — Physicians register class of practice with. 46? Bd. of Park Commissioners 700-3-5-7-14-15-16-17-19-22 Bd. of Police Commissioners 815 Bd. of Public Works 100 Bd. of Public Works 742 Bd. of Workhouse Directors 814 Bd. of Public Works 916-33-34 Bd. of Public Works 921 Bd. of Water Commissioners 996-1001 Bd. of Public Works 2-3 Bd. of Public Works " 1049 Bd. of Public Works 1781 Board Fences 69 Board Fence — Youghiogeny & Lehigh Coal Co 1771 Boarding house and hotel keepers to report cases of contagious disease 475 Boats and Floats 1715 Boats — owners of (Smoke) 983 Henry Bockstruck Iron Post 1190 Bodies — see Cemeteries 190 Boilers — how and where placed 1866 Boiling and steaming 980 Bolt and Rivet holes 1934 Bolting structural metal work 1932 Bond of Applicant (Liquor License) 567 Bonds — issued for Armory 10 Bond for bill board? 1899 11. V Sec. Xo. Bonds for excavations 5 Bond — Given by Auctioneer 1 7 Bond — to be given by one carrying on empl., intell. or brokerage office 594 Bond — for grantees of rights on street to save city harm- less from damages 305 Bond to house movers L85 L-1895 Bond — Pawnbrokers, etc 745 Bond of plumbers 2013 Bond of pressed brick facing Bond — Quarrying 861 Bond for Scales (save city harmless, etc.) Bond — Scavengers Bones — Offal, etc 979 Book No. 1 (Pawnbrokers) 750 Book No. 11 (Pawnbrokers, etc.) 75] Books — Indecent Bi tulevards (see also streets) ] o i Boulevards — Bicycles forbidden on L02 Boulevards — Care of ]0l Boulevards — Preservation of 105 Bowlby & Co. — Tunnel i i <» i Box Cars — Lying concealed in 693 Brace Blocks Brass pipes and fittings aii ; Bread — Market master to inspect 80 Bread — Mark of. ;..i 1 to be made of good flour 70 Brewer 500-502 Brick Arches I s id Brick Basement walls Brick Chimneys 1 359 Brick Kinds to be u $ed in building Brick and hollow tile partition- • [844 Brick laid in non freezing weather '„ Brick — Pih r, Brick in -moke stacks Brick wall — cutl ly not minor repail Brick work safe bearing load isofl Bridge- I Bridges — Advertising on on Bridgi C - 1 Bridges Cattl< to righl I Ay Rwy. ice, -and and sail on tra ' 1160 . Sec. No. Bridging of floor and roof joist 1858 -Forbidden defacement, mutilation and posting ads 93 Bridges — Interference with fire apparatus 94 Bridge— Marshall Ave 97 Bridges— Mutilate, injure or deface 70 Bridges — Obstruction 95 Bridge— over Como Ave. City Rvvy 2309 Bridges — Throwing missiles 98 Bridge— Wabasha St • 90-91 Brier — on bicycle paths 55 Broadway Loop — Authorized City Rwy 2312 Bdwy. Loop — Cars to run on City Rwy 2314 Brokers— R. R. Ticket 592 Brooks Bros, poles and wires 1192 Brown, Dowlin & Molin Building 1200 Buckets for fire on bridges 94 Buck Eye Foundry (J. A. McDaniel) Levee 1201 Building — Brown, Dowlin & Molin 1200 Buildings — Classes of 1785 Building Code, What is 1777 Building Code. Abutments for arches 1840 Accidents to elevators 1940 Additions or alterations 1780 Agent or owner 1781 Anchors — use, materials, spacing 1837 Anchors to floor beams 1929 Apartment House — table of thickness of walls 1831 Apartment House — Fireproof, Stairs 1852-3 (1903) Apartment House — stairs instead of escapes 1910 Apartment House — what comprises 17S7 Appeals 1782 Application for permit 1780 Application — Plumber's license. 2013 Architect or owner, File copy of tests 1812- Arches and lintels 1840 Arches for smoke .stacks 1862 Arches for hearths, etc 1864 Arches for fireproof floors 1918 Area under sidewalks 1S20 Area Walls 1854 Areas— open prohibited in street sidewalks 1856-1886 Areas — permit for 1857 Ash boxes 1870 1161 Building Code. Sec. No. Ashlar 1829 Asphaltum to protect from foundations 1826 Auditorium exits from side courts 1963 Automatic elevator equipment m 1942-44 Awnings 1885 Back Pressure valves 202] Back pressure vent pipes 2022 \ Balconies — height above sidewalk construction l>^' ; Backing of metallic fronts L936 Bake Ovens L879 Bands and saddles 2022 Bars and strainers 2023 Basement walls of brick 1832 Basement walls — existing lining. i 836 icnt stables 1893 Bay Windows 1880 Beams — .strength of temporary suppi »rts I 823 Beams on bearing walls 1828 Beams on ledges 1834 Beams of wood I 858 Beams of steel and iron i 92 1 Bearing wall — meaning of the term L828 Bearing wall — thickness I 832 Bending— table of 1814 Beds and traps of lead 20] 3 Bends of soil and waste pipes Bevel ends of beams L858 Bill Boards 1898 Band header. L834 Board of public works L781 : - how and where placed L866 Bolt and rivet holes 1934 B( Iting structural metal work Bond of pressed brick facing i s -'■ i Bond of house movers • 1831 Bond for bill boards 1890 Bond of plumbers 3 B Brick i Brick L840 B and hollow til Brick basement wall Brick chimney -. Brick laid in non freezing w ea ' i 1 L62 Building Code. Sec. Xo. Brick wall — cutting away — not minor repairs 1780 Brick — kinds to be used for buildings 1798 Brick work — safe bearing load 1809 Bridging of floor and roof joist 1858 Building Code — what constitutes 1777 Building must conform -to code 1778 Building — unlawful to proceed without permit 1787 Buildings — classes of 1785 Buildings — live and dead loads 1820 Bu'ldings may be moved 1S94 Buildings — projecting beyond property line 1880 Buildings — frame within fire limits 1840 Buildings — to be enclosed on all sides 1827 Buildings — store or office — not residences 1786 Buildings — dimensions of ■ 1784 Buttresses — materials of 1828 Buttresses — use of 1S32 Cap stones 1S28 Capping timbers ] 826 Carriage house — floor loads 1820 Casings of w:ood in fireproof buildings 1917 Cast iron — manufacture and strength 1S08 Cast steel — manufacture and strength , . . . 1S07 Catch basins — to receive sub-surface drains 2021 Cellar doors — not permitted in sidewalks 1886 Cement record 1801 Cement — manufacture and strength 1801 Cess pools where no sewer is provided 2018 Chimneys — height of top above roof 1859 Chimneys — materials of — thickness and size 1S59 Cleanouts for traps 2023 Cleanouts— size and construction 2017 Coal Chutes or manholes in sidewalk 1855 Columns — Computation and loading 1813 Columns — Cast iron — thickness and imperfections 1922 Columns — open back '. . . 1924 Columns — reduction of live loads .'. 1820 Compression — table of — direct 1814 Commission on appeals 1782 Commission of P. W. to be furnished with plans '.-. 1780 Commission of P. W. to furnish blank applications 1780 Commission of P. W. to notify owner or agent of illegal construction 1781 Commission of P. W.— powers in regard to dangerous buildings ] ^49 1163 Building Code. Sec. No. Common Council Concrete — how made and placed 1803 Concrete — safe bearing load 1S09 Concrete foundations 1 826 Connections— Brass and lead pipe- 20] 7 Connections of drip and overflow pipes ~0:2o Connections of traps Connections with sewer 2018 Connection and framing structural iron works 1930 Construction — skeleton iron or steel 1920 Contiguous walls — protection l B25 Convention halls may be temporary Copper tubing and flashing gauge Cornices of wood in fire limits Cornices of incombustible material 1886 Cowls on top of soil, waste or vent pipes 2022 Dampness — protection of walls Danger, his buildings L849 Dangerous buildings or wall — -appeal Dangerous electrical machinery Dead loads of buildings Deflection of floor beams Definiti< 'ii . .} bearing walls Definition of plumbing terms 2016 Definition <>f "temporary buildings or structures" 1874 Depth of buildings Depth of foundations of electrical construction '•r windows in fire limits . L886 Drain sub if tile Drain Drying constructed 1903 Dwellings- -firepn >of if l)u ellings -pn Dynamo rooms and station ical inspe nter buildings •;i! materials ■ vt apparal i ical constant cun 20 1 1 p itential systems Electrical fitting and details electrical wiring ical work lllil Building Code. Sec. No. Electrical work, miscellanea ius 2121 rical wiirk permits 2036 Elevator cables and counter-weights 1946 Elevator inspector may enter buildings L952 Elevator in well hole of stairs 1950 Elevator sheaves 1947 Elevator accidents 1940 Elevator — automatic governor 1943 Elevators — automatic machine stops and trap doors.... 1944 Elevators — automatic cable stops 1942 Elevator doorways .' 1941 Elevators — permits and requirements 1939 Elevators — use prohibited 1939 Elevators for grain 1873 Elevators for passengers 1948 Elevators — hand power — excepted 1942 Elevators — inspection twice a year 1938 Elevators — shafts, etc., for freight 1945 Engineer's stationary ladders 1901 Entrances to basement 1902 Exits from basement, engine or boiler room 1901 Exhaust — ^blow-off or drip— connected with sewer 2020 Factories — Carrying capacity of columns 1820 Factors of safety 1811 Factor}' buildings — definition of 1792 Factor}- buildings — floor loads 1820 Factory buildings — fire escapes , 1901 Factory buildings — pressure under foundations 1826A Failure to correct construction — penalty 1781 Fair buildings — temporary 1874 Fair buildings — temporary — time limit 1875 Fastenings for iron or steel stacks 1862 Fastenings of scuttles 1907 Fence — tight board — over 6 ft. high prohibited .1897 Filling between floor beams 1918 Fine — for working after revocation of permits 1781 Fire chief and Com. of P. W. to control theater fire ap- paratus and lights 201 1 Fire escape — brackets 1913 Fire escapes — care and number 1901 Fire escapes — platform and stairs — material and con- struction 19U Fire escape, railings, etc 1912 Fire escapes in addition to stairs in public halls 1954 Fire limits — buildings outside of may be moved 1894 1165 Building Code. Sec. Xo. Fire limits — buildings removed within — restrictions L853 Fire limits — greenhouses in L909 Fire limits — no grain elevators with wood walls L873 Fire limits — frame buildings in l M> Fire places L864 Fire proof buildings — first class 1785 Fire proof — certain buildings if over 5 stories high 1852 Flag stone or cement concrete footings 1832 Flat buildings — what kind known as 17SS Flashings of sheet lead for roofs— weight 2017 Flashings of copper for roofs — gauge 2017 beams and girders — incased L918 beams of steel and iron i 929 Floor joist — 1 inch from chimney L958 Floor light- L906 Floor loads i 820 Floor and roof beams of wood — ends beveled 1958 Flooring — how to be built L778 i >f — beams and arches L918 Floors — load distributed , 1821 - existing -estimate i r sm< ike to be clear of wi i "I beams 1958 materia] and pr< >p< irl ions inder foundations computation of pressure.. L826A lights and stage lights 2010 F< rmula of w eighl on piles . . . Fi tundatii >n i of 1 825 Foundations fo-r bal Foundatioi l tted sm< • 1 862 Foundations- how laid and ; ned Foundations lining existing walls to be supported oi Foundatii ins -\/<- of piles under Buildings within lire limit L848 Framing and connecting structural iron work Fronl led with masonrj I'nrna of how placed and Furred chimneys 1843 Galleries "i th Gallery for art on roi if of th( 1966 1 . ' • 1 and pi 1166 Building Code. Sec. No. Gas lighting in theater 2008 (".as mains of theater shut off outside 2007 pes and tubing 2030 Girders of .steel or iron 1925-1927 Girders resting on bearing walls 1828 Girders — plates under ends of 1928 G'rate openings 1864 Grease traps. 2023 Green houses 1909 Hearths — how built and supported 1864 Hearths in front of bake ovens 1879 Hearths in front of ranges • 1869A Heating plant exhaust connected with sewer 2020 Heating pipes for water and steam 1869 Height of buildings and walls — how measured 1783 Height of fireproof building to regulate construction. ... L917 Height of stories — increase in walls 1 833 Hoistways and shafts of freight elevators L94S Hollow brick or tile in wall 1842 Hollow brick and tile partitions 1844 Hollow walls — anchoring 1841 Hospital — public — to be fireproof 1915 HoM— floor load 1820 Hotel fire escapes 1910 Hotel — number of stairs 1900 Hotel — what comprises 1781 House drain and sewer — definition of 2016 House drain and .sewer 2020 House mover's license and bond 1895 House sewers of earthenware and iron pipe 2020 Ice houses — location. — consent of property owners 1891 Ice houses — permit 1892 Institution — public — to be fireproof 1915 Interior wood finish in fireproof buildings 1917 Iron — cast — quality and strength of '. . 1808 Iron and steel construction to be incased 1920 Iron work— structural — framing and connecting 1930 Iron — wrought — quality of 1805 Isolated piers — materials and height 1828 Jail to be fireproof building 2017 Joints of columns — how secured 1922 Joints of oakum and lead in plurmbing ' 2017 Joist hangers 1858 Joists and beams .supported on ledges 1834 1167 Building G >de. Sec. Xo. Joists and beams not to be cut for gas and -team pipes (exceptions) ' L87] Joists of floors one inch from chimney l 858 in existing walls and partitions to be anchored. . . . 1837 Kiu-e- i ir angles ci mnecting structural work L930 Ladder of iron in smoke stack 1 862 Ladders from basement boiler rooms 190] Ladders to scuttles 1907 Leaders — inside — construction, etc 20 I 9 Leaders — metallic rain water i B88 Ledges to support joists or beams L834 Legal excavation — depth of L825 Length • t ele\ at< »rs 1944 Machinery or apparatus ricity Manh ilea in sid i s •"••"' Manufactory floor loads nry to back metallic front Masonry rubble bow bonded 1834 • bearing load .... imount in piers and but 1 828 ials quality of if dept li of excavation! Metal ci ivered buildi nition 11 90 1168 Building Code. Sec. No. Metal foundations — protected from rust 1826 Metal fronts 1036 Metallic anchors 1834 Metallic chimneys 1860 Metallic structural work painting 1937 ih .in r to work after revocation of permit L783 Cement — in isolated piers and joints 1828 Mortar — kinds for backing stone ashlar 1830 Mortar — how to be made 1800 Nipples — soldering — kinds and size 2017 Notice of appeal 1782 Notice of revocation of permit 1781 Notice to protect wall 1825 Oakum — picked — and lead caulked joints 2017 Obstructions not permitted in street sidewalks 1S86 Occupant to estimate strength of floors and post estimate 1822 Office buildings — carrying capacity of columns 1820 Office buildings — floor loads 1820 Office buildings — pressure under foundations 1 826A Office buildings — shall comprise what 1790 Open work in dry places — electrical 2063 Openings for doors and windows — arches and tie rods. . . 1840 Opera houses — how to be built 1956 Order to show cause 1781 Ordinance — repealing act 2138 Ordinance — date of effect 2140 Ordinance — penalty for violation 2 I 40 Oriel windows 1880 Outlets of fixtures — how protected 2023 Ovens for baking — foundations — distance from wood.. . . 1879 Overflow and drip pipes 2023 Owner or agent to correct illegal construction 1781 Paint on metal foundations 1826 Painting structural metal work 1937 Painting stage scenery fireproof 1979 Partitions of brick and hollow tile 1S44 Partitions of fireproof buildings 1917 Partitions of stud 1858 Partitions of water closet apartments 2026 Party walls existing 1835 Party wall beams — how separated 1858 Pay of commissioners considering appeal 1 7-* 2 Penalty for failure to correct illegal construction 1781 Penalty for violation of ordinance 2139 Permit — time to appeal from order refusing 1169 Building Code. Sec. No Permit and inspection of wiring 203 l Permit — Board of Public Works to revoke 1TSI Permit — conditions for granting Permit — fine for working after revocation of 1781 Permit for minor repairs 1780 Permit for plumbing 2014 Permit to expire after 1 year L780 Permits — no work to be done without L779 phorus — amount in cast steel i 807 Piers — amount of material l 828 Piers and walls — how bonded — thickness L828 Piers — how faced and bonded 1834 instead of increased thickness of bearing walls.... 1832 isolated 1828 Piles — concrete — construction — sustaining power — .sizes. Piles — initial i 826 tops below low water mark I 826 Pin- for steel and iron trusses L935 Pipe fittings — quality of 2017 Pipes for gas and steam i 87 i for hot air I sr.s Pipes for heating with water and -team 1869 Pipes for sewer vent 2018 er heating 2001 for waste and soil 2017 vent 2022 \ :.'ni7 i -t in in quality 201 ; rthenw are for hou . . : 203 I 1861 Plans and Plans to be furnished and filed if required 1780 • d off wall before lining ! ... |5)o i ni in. a-. irary [874 1 ' n with ( ode Plumb Plumbing how d Plumbi Plumb Plumbing Plumb n hip 2017 "Plum tei f [915 1 L70 Building Code. Sec. No. - L886 Portland cements and others 180] Portland cement concrete walls 1827 P< itential system — constant 2057 Potential system — high 2073 Potential system — low 2061 Potential system low general rules 2062 Potential system low, special rules 2063 Power of C< immissioners on appeal W82 Preliminary requirements 1778 Provisions of building code — presumptive 1777 Public asylum to be fireproof 1915 Public Building — what comprises 1 793 fublic Halls — aisles of 1956 Public Halls — elevation of main floor 1953 Public Halls — fire escapes and stairs 1955 Quality of building materials 1798-1808 Quality of plumbing materials 2017 Railing around floor lights 1 906 Rain water leaders 1888 Rankin's formula to compute .stresses 1813 Range hearths 1864 Ranges and stoves 1S69A Record of elevator accidents 1940 Record of elevator inspection 1951 Refrigerator and safe waste pipes 2024-25 Refrigerator and safe waste pipes — quality of fittings... . 2017 Register for hot air in floor 1867 Regulations of Water Board to control water fittings. . . . 2028 Revocation of permit 1781 Rivet and bolt holes 1934 Riveting structural iron and steel work 1931 Rivets — tensile strength of 1806 Roof and floor beams of wood — bevel ends 1858 Roof flashings 2017 Roof garden 1966 Roof in fire limits — how repaired 1848 Roof sheets galvanized 2017 Roof — weight of 1820 Roof of areas 1854 trussed — thickness of walls 1832 Safe and refrigerator waste pipe 2024 Safety — factors of 1811 Salesroom in basement — stairs - 1902 Sand and cement mortar 1S01 Building Code. Sec. No. Sand for concrete ISOo Sand for lime mortar L800 Sand for building 179'J Scenery painting — for stage r.iT'.t School building — floor loads I 820 School building — :.' stair- for 2 -lories L904 Screw caps of bras? 201 ". Scuttles L907 of theater — distance between Second class buildings L785 Sewer-house 2020 Sewer pipes 2018 Sewer — separate and independent connections Shaft and door protection for passenger elevator L948 Shafts and hoist way- for freight elevators L945 Shear — table of L817 Sheath piled excavation 182-t - or plates of columns 1921 Show windows 1 B80 Sidewalks over areas- load of L820 Sidewalks — awning- not to be supported upon shall not project oyer sidewalk beyond lot line.. L880 Signs of wood to be more than 2 ft. wide L885 Sign- of danger— on dangerous building 1849 Sinks of tenement and lodging houses Skeleton ir. in and steel construction to be incased 1920 Skeleton steel or iron construction for lining 1836 Skew-backs — channels, etc Skew-barks form, section and depth of 1918 for phi »ti igraphei [908 Skylights of metal 1975 Skylights to be protected 190S Smoke flues of metal [86] i:e flues in ma-.. my wall- [859 Smoki to be of construction Smoke pi] tion distance from m 1 work i860 Smoki Smoki ifed Smoki if steel or w r< lught iron ... 188 ! Soil, waste and vent pipes Soil and waste brass. . soil Soil pipes definition Soil pipes table of diameter Splicing columt 1921 Splicing girders 1172 Building Code. Sec. No. Spires in fire limits 1886 Stables — carrying capacity of columns and floor loads. . . 1820 .stables— livery 1891 Stables— private 1890 Stage of theater — construction of floor 1976 Stage lights and foot lights — approval of Com. of P. W. -010 Staging — how to be built 1778 Stains in public buildings 1954 Stairs — materials of in fireproof buildings L91fi Stairs — number regulated by lot area covered 1000 Stairs — 2 in buildings over 2 stories high 190.°. Staircase alteration — not minor repairs 1780 Stairway., if open — prohibited in street sidewalks 1856 Stairways in lieu of fire escapes 1901 Stairways to basement of manufacturing or sales build- ing 1902 Stairways of theaters 1 995 Standpipes to roof of 5 story buildings 1914 Stands may be temporary L874 Station and dynamo rooms — rules and regulations 2037-2053 Steam boilers of theaters — where and how placed 2000 Steam and gas pipes — except in dwellings — stop cock near curb 1871 Steam and hot air heating pipes 1869 Steel and iron construction to be incased 1920 Steel — cast — what to contain 1807 Steel foundations 1826 Steel— quality of 1806 Steel work framing and connecting 1 9 30 Steps not permitted in street sidewalks 1886 Stiffeners 1926 Stirrup irons ; 1858 Stone arches of door and window openings 1840 Stone ashlar 1830 Stone caps 1828 Stone chimneys — lining 1859 Stone coursed and dre-ssed for walls 1828 Stcme — kind used for building. . .' # 1 79S Stop cock in steam or gas pipes near curb 1871 Stops to elevator cables to be automatic 1942 Storage buildings — size of footings under foundations.. . 1832 Store buildings — floor loads 1S20 Store buildings used for — not private dwelling Store — may be in first story of apartment house 1787 Store — number of stairs in 1 900 1173 Building Code. Sec. No. Stories — height of 1 " ; ; Story — wails full thicknes p oi beams above each.. 1S2S - and ranges — certificate — protection I B69A Strainers or bars over fixture outlets 2023 Stretchers and headers in brick walls L834 Stress of steel and iron floor beams L929 Stress of steel and iron trusses Stress — unit of 1S11 -cs of columns computed by "Rankin's Formula".. L812 ses increased 50 per cent for wind bracing L819 . s- — working table or 1814-l>l^ Structural iron work framing and connecting L930 Structural iron and steel work riveting L931 Structural steel and iron bolting L932 Structural metal work painting Structure — application for permit L780 Structure — how built L778 Structures, temp' irary 1874 Supports — strength of temporary Syphonage of trap- prevented by vent pipes J able of diameter of soil waste pipes 2022 Table of distance from rivet holes to edge of material. . . L931 of quality of lead pipe 2011 ze and length i if gas tubing 2030 thickness of walls 183] of weights of cast iron plumbing pipes 2011 of working stresses of materials L814 L818 lent and lodging house sinks Tenement house fin L910 ' pn ••<)' if o\ er 5 stories high Tenement house — floor loads 1820 ient housi .... -e. thickm irtain walls Tension (direct) table of 1816 I m membi ■ -- riveting 193 1 Terra Cotta arches L840 * ructural materials 1812 1918 L801 i er auditorium aisli Theater building prohib I .... i Theater corrid I instruction — width .... L961 i 11*3 I Building Code. Sec. Xo. Theater dressing room exits 1986 Theater dressing room partitions L984 Theater dressing rooms in fly galleries 1985 Theater exits— number and size 1993 '1 heat< -rapes 1964 Theater fire hose .• 2003 Theater fly galleries 1977 Theater foyer capacity 1990 Theater foot lights and stage lights 2010 Theater gas mains 2007 Theater gallery fronts 1981 . Theater gallery seat platform 1988 Theater heating pipes cased — location of radiators 2001 Theater interior walls 1969 Theater license 1958 Theater light protection 2009 Theater lighting — separate cut-off in lobby 2006 Theater light and fire apparatus — control 2011 Theater main floor and first gallery exits combined 1993 Theater method of gas lighting— approved 2008 Theater not to be opened until approved 195S Theater on corner lot — use of other portions of building 1965 Theater passage to stairways — width 1994 Theater partitions and furring 1983 Theater passageways and aisles — free from obstructions. 1959 Theater portable fire extinguishers, axes and hooks 2004 Theater proscenium wall doors 1974 Theater proscenium wall girder and arch 1971 Theater rigging loft i'O' Theater roofs and galleries 1980 Theater seats — distance between 1987 Theater stage — casks of water and buckets 2004 Theater stage floor , 1976 Theater stage sky light 1975 Theater stage scenery painting 1979 Theater stage stairways 1996 Theater stair hand rails 1999 Theater stair landings 1998 Theater stair door — landings 1970 Theater stairs inclosed fireproof — exceptions 1970 Theater stairways — open * 1997 Theater stairways — size and construction 1995 Theater standpipes 2002 Theater steam boilers — bow and where placed 2000 Theater to be fireproof 1915 1175 Building Code. No. Theater to have front on street I960 Theaters. Hoera tiouse, etc. — how to he built L956 Theaters — thickness of walls L832 Thimble of sheet metal — how made and used 1861 Third class buildings Tie Rod-. L840 Timber in stone or brick wall prohibited — exceptions... L839 Timber — not to rest on chimney l 859 Timbers — quality of 1 Sl > 1 Timbers on pile foundations I 826 Time — how computed Title of ordinance 177 7 "Ton" means 2,000 lbs l sum Towers in fire limits 1 886 Trap cleanouts 2023 Trap doors automatic — for el 1944 Trap overflow pipes — Imw connected Traps and overflow pipes of closets 2026 Trap- for hath tubs and grease J023 Traps el and supported, etc 2023 Traps of earthenware 2023 Traps of lead 2017 Traps of leaders 20 1 9 Traps protected from syphonage and back pressure by vent pipes Trap ize of Trim- of wood in fireproof buildings 1917 Trimmer arches of hearths, fireplaces and -rale-, I m', | Trimmer arches over door and window openings 1840 Trimmer and header beams of wood how to be hung, 1858 ■ 1 and iron connected by pin 1 and iroi - ting i 'ii bearing w alls i B28 tubing for gas table of size and len Tubing of copper kind and Unit i si i I tasafe or dan. al mai him i . Urinal apartment \ enl ilatii »n. . . . »02G Urinal materia back pr' Irain 2021 Variable loads of buildings Vent I ; : nol in' lose sheel metal smoke flm Vent pip- - bram hi . connect!) •• 1176 Building Code. Vent pipe, definition of Vent pipe, fittings, quality of Vent pipe, materials Vent pipe, size and where constructed.- Ventilation of buildings Ventilation of theater dressing rooms Violating provision of ordinance, penalty Volts — number in low potential systems Volts — number in high potential systems Volts — number in extra high potential systems Wall — existing — joists anchored Wall— how built Wall — of brick — not less than 12 inches thick Wall — strength of temporary supports for Walls and piers — how bonded — materials Walls — bearing and basement of brick Walls — 'bearing — what to be taken to mean Walls — binding of — headers and stretchers Walls — curtain — thickness in tenements and first and second class buildings Walls— faced with stone — thickness if bonded Walls — for warehouses Walls — height of — how measured Walls — hollow brick or tile inside — not part of thickness Walls — hollow, shall be properly tried Walls — increase in thickness for increase height of stories Walls— independent or party, to enclose buildings on all sides Walls — lining existing — for increase in height Walls — non-bearing, thickness Walls of areas — materials Walls of buildings — materials Walls of churches, public halls and theaters — thickness.. Walls of each story — full thickness to top of beams above Walls of private dwellings — table of thickness , Walls of stone or brick — timber .prohibited in, exceptions Walls, party, existing Walls, protected from ground dampness ~\\ alls, same amount of material in piers and buttresses. . Walls — specified thickness to apply to what kind Walls — thickness where trussed roofs are used Walls to be anchored to joists Walls to be increased in thickness — when Sec. No. 201C 2017 2022 20 IS 2012 1986 2139 2061 3073 2079 1837 177S 1832 1823 1828 . 1832 1S48 1834 1S32 1829 1832 1783 1842 1S41 1833 1827 1836 1832 1854 1827 1832 1828 1821 1839 1835 1838 1828 1832 1832 1837 1832 1177 Building Code. Sec. No. Warehouse — floor loads L820 Warehouse — pressure under foundations 1826A Warehouse walls — when to be increased in thickness I s :;'-' Warehouse — what kind of buildings shall be 179] Warehouses — number of fire escapes L910 Warehouses— table of thickness of walls 1832 Waste and soil pipe- 5S— how manufactured 2011 Waste pipe branches — fall of 2022 Waste pipe — definiti' >n 2016 Waste pipe for refrigerators and safes 2024 Waste pipe materials 202 ! Waste pipes — no caps, cowls or bends on top 2022 pipe — -offset to refrigerator — to have cleanout.... 2025 pipe — quality of fittings 2017 Waste pipe — table of diameter Waste pipe — Y or tee branches of 2022 Water board to regulate water fittings 2028 Water closet and urinal materials 2026 Water closet apartment partitions and ventilation.... 2026 Water closet not to be connected with leaching cess 2018 Water closet setting and seat support 2Q26 Water closet traps and overflow pipes how connected. . 2026 Water -supply fo r fixtures 2027 Wellhole of stairs — elevator in — incased fireproof Width of buildings Wind pressure — calculations for l s i'.< Window frames of wood in fireproof buildings 1917 Window i ipenings to have arches or lintels i - in Windows — ibay — not to project o\ ilk beyond lot line i- s " Windo Ik beyond lot line L883 Wire netting on top of en ■ ■ ■ 1863 Wire netting under skylight ovei 1973 tance from bake ovens 187C Woodwork— protected from steam and hot wal | Woodwork in fireproof buildings 1917 el from t within ' ■ demeanor Work shall not be done without permit.. Workshop prohibited in theater build n... ■lit iron quality of 1178 Sec. No. Building— damaged by fire or storm 8 Buildings — Dimensions of 1784 Buildings — frame — within fire limits 1848 Building inspector- — to make rules for 'bill boards 78 Buildings — Kohlman & Co 1438 Buildings — live and dead loads 1 8,20 Building, manhole, subway, right of inspector to enter. . 332 Building materials — in streets 6 Building materials — Parks 701 Buildings — may be moved 1894 Buildings — Must conform to code 1778 Buildings — Not private dwellings 1786 Buildings — on lines, etc 1021 Buildings — Owners of — Smoke 983 Buildings — Projecting beyond lot line 1880 Building — St. Paul Lime and Cement Co 1658 Builders — To take out permits for excavations 4 Buildings — To be enclosed on all sides 1827 Buildings — Unlawful to construct without permit 1787 Buildings — Wires on 298 Bulletin board— To be licensed 76 Burdocks— Not to be permitted to grow 131 Burial — Of persons dying from contagious diseases..!.. 470 Burlington, Cedar Rapids and Northern Rwy. Co. (Warehouse) 2720 Burlington, Cedar Rapids and Northern Rwy. Co. of Iowa — West side streets vacated for 2419 Butchers — Application for license 125 Butchers — Filing applications to authorize sales 126 Butchers — Must allow inspection 521 Butchers Meat — See Butcher Shops 107 Butchers — Selling at retail 110 Butcher Shops — See also "Licenses" 107 Butcher shops — Health department to inspect 127 Butcher shops — Licensing 124 Butcher .stalls— See also "Licenses" 107 Butchers — to sell meats on streets 114 Butter — General provisions 663 Butter — Sale of 656 Buttresses — Materials of 1828 Buttresses — Use of 1832 C. Cable lines — City Railway — 7th Street 2224 Cable extension — Selby line to Merriam Park 2226 Cable lines — fares — city railway 2239 1179 Sec. No. Gallic line — Selhy Ave. to electric — City railway 2316 Cable lines — Selby Ave. extension Cab. ,t & Gushing tunnel 1210 Frederick B. Cady — et al — use of lots for lumber yard.. L218 Cafe .. 500 Geo. W Cahoon, levee — use of 1219 Calf unwholesome Calves — Selling and Conferring 655 A. J. Cameron & Co.— Galv. I run Kitchen L229 Candle maker 50] Candle Manufact »ry Capping timbers l 826 Cap stones Captured dogs — how killed Captured dogs — how kept Caravans — shows, etc.* L06 I 5 6 carbon oil 778 Carbolic acid — sale of crude L39 Carbolic acid — sale of — restricted l.:i Care of boulevards L01 of captured dogs ervice — Como-Harriet fnterurban Line (City Rail way) '. 2331 Car Service— Como-lhterurban Line (City Railway).... 2380 Car Facilities— Phalen Park (City Railway i Car Facilities- excursion 6th ward (City Railway) Car Facilities service -Merriam Park Line (City Rail way ) Car Facilities Stryker Ave. Line (City Railway) Car- loaded with garbage, etc 513 Car- licenses for (see under name- of various li tables ni. etc >]»■,,] of, etc ■ B69 Si reel attempt to ride ou! mi; • t Spilling 094 Car- to 5top during fire (City Railway I Carriage House floor load Carriage Hor Carriagi Licei 101 Carts— L Carl - I ru ... .... 1 1814-17 Carrying gunpowder through streets Casing »d in firepi oof building 1011 Catch Basin Catch Basins and e drain - 10 ! i 1180 Sec. No. Cattle or Cow — only one in a yard without permit 529 Cattle— droves of on bridges 84 -how released from pound 178 Cattle, ete. — in tenement houses (see also Health Dept.) 37G Cattle — milk. ete. — Inspection 521 Cattle — not to be stored in tenements 515 pn bridges 92 Cattle— on streets 141-142 Cattle overheated must be reported. Cattle — pound limits 145-176 Cattle — to keep to right on bridges 96 Last iron — manufacture and strength 1808 Cast Steel — manufacture and strength 1807 Cathcart, A. — electric wires 1230 Cedar St.— Tunnel 1617 Cellar doors, etc 1031 Cellar doors — not permitted in sidewalks .'. . 1886 Cellar foundation § Cellars, vi'idt-", etc., not to become offensive iOd Cellar wall 720 Cellarway '. 720 Cement — manufacture and strength 1801 Cement record 1801 Cement walks 941 Cemeteries 190 Cemeteries — enlargement of — etc 192 Cemetery sexton, must register. Central Police Station (see police). Central Police Station — Place for any articles left in vehicles, etc 410 Central Warehousing Co., Railway spur track 1231 Certificates — how issued 463 Cesspool — neglect to provide 936 Cesspools — Outhouses 837 Cesspools — sewers, etc 493-4-9 Cesspools — where no sewers 2018 Change from cable to electric — 4th St. line (City Rail- way) 2323 Change of Route — Union Depot loop line (City Rail- way) 2392 Charges (Scavengers prices) 907 Charter — Amendments 194-200 Chicago Great Western Ry. — Alleys use of for railway tracks 2438 Chicago Great Western Railway Co. — Chicago Avenue — Railway Tracks 2441-4-7 Ch Ch Ch Ch Ch Ch Ch Ch Ch Ch Ch Ch Ch Ch Ch Ch Ch Ch Ch Ch Ch Ch 1181 Sec. No cago, Burlington & Northern Railroad Co., Poles and Wires — Resolution ^4:25 cago Great Western Railway — levee — use of 2429 cago Great Western Railway Co. — Spur track (Rail- roads) 2425 cago Great Western Railway Co. — Telegraph poles — streets and alleys cago. Milwaukee & St. Paul Railroad Co. — Chest- nut St. track (Railroads) 2450-2494 . Milwaukee & St. Paul Ry. Co.- Side track — Merriam Park 2455 cago. Milwaukee & St. Paul Ry. Co. — Controversy ( Railroads) 245 cago, Milwaukee & St. Paul Ry. C - ide track? 2497 cago, Milwaukee 6c St. Paul Ry. Co. — Spur track — levee (Railroads) 248"i cago. Milwaukee 6c St. Paul Railway Co.— Streets and levee — use of Milwaukee 6c St Paul Ry. Co. — rearrange ment of R. R. tracks 5741 cago, Rock [sland & Pacific Ry. Co. R. R. track- (Railway) Northwestern Telegraph Co. franchise St. Paul, Minneapolis & Omaha Ry. West St Paul — Spur tracks ; . Minneapolis & Omaha Ry. Co. Re- arrang f tracks, R. R 2741 Paul, Minneapolis & Omaha Ry. Co. — Street 13-17 Minnea aha Rj 2511 I, Minneapolis 6c Omaha Ry. Co. \\ Si P ilution ef of Fire I >epartmen1 re department and di .' 1 1 t R. R B ef of P tail van ol I >uty i • gardini and swindling ef of P 1 1 1182 Sec. No. Chief of Police Report to city comptroller of lamps out no:.' Uhief of Police — removal of vehicles From places in street where they" are obstructing 424 Chief of Police — right to inspect prescriptions 136 kens— not to be penned 530 Chimneys — height of 1859 Chimneys — material and size 1 859 Christians! m, C. L. — barn 1233 Churches — wiring in 310 Circuses, concerts, etc 1064-5-6 Cisterns 533 City Attorney 201-207 City Comptroller receives -monthly reports about street lamps 602 City Comptroller 745 City Comptroller 836 City Comptroller 919 City Comptroller 1049 City Contracts 237-243 City Clerk 789-793 City Clerk 1046 City Clerk — examination of metres if over registering.. 604 City Clerk — to issue license to" auctioneers 18 City Clerk issues certificates (Liquor License) 569 City Clerk issues license (liquor) 569 city Clerk to keep record of bicycle tags 63 City Clerk (licenses) 761 City (Tlerk (licenses) 612 City Clerk — license for driving hacks, etc 397-98 City Clerk — license for shows, etc 1065-6 City Clerk (market license) 629-39-40 City Clerk— Printing bids 833 City Clerk — record of hotel runners' license 556 City Clerk — registers all carts, trucks, etc 440-461 City Clerk — R. R. ticket, brokers license and intell. and employ, office 592-93 City Clerk (rents) 875 City Clerk (scavenger's license) 897 City Clerk — signs liquor license 567 City Clerk — signs permission for use or sale of gun- powder 387 City Clerk — trading stamp license 1071 City Clerk — weights and measures 1096A City Engineer — (see also city charter). City Engineer 208-17 City Engineer 787-791 1183 Sec. No. y Engineer 996 8-1000 1003-4-jB 10 y Engineer 1049-5] y Engineer — defective cornice- •.' I I y Engineer — i erection of scales i 892 y Engineer — have charge of materials on street 6 y Engineer— (sewers and drains). 915 6-7 9-920 22 26 27 30 3] y Engineer— I sidewalks) 942 y Engineer — (sidewalks) 950-5-1 57-62-67-71 y Engineer — to control wires, conduits, etc y Engineer to prepare maps (-house number) 559 y Engineer — to stop work on streets i y Engineer — to sell damaged property left on streets y — not liable for injuries or damages in subways.... 303 y officers— opinions from city attorney 201 y Prison 805 y Prison Keeper y Railway additional double track— Jackson St Lin 2365 y Railway — Between track- removal of sn iw y Railway— Broadway loop authorized 2312 y Railway Broadway loop car- to run on 2314 y Railway — bridge over Como Avenue 2309 y railway — cable on Selby extension y railway -cable lines 7th St 222 I y Railway — Cable lines -Merriam Park extension.... 2226 y Railway — Cable line change to electric on Sel line 2316 y railway -cable line fare- y railway— Car servi Harriet [nterurban line y Railway— Car facilities Merriam Park Line y Railway Car- to stop during fire .' y Railway— Car facilities Stryker We. Line y Railway Car service Como [nterurban line y Railway— Car facilities Phalen Park y Railway- -Car facilities! extension Sixth ward... y Railway I under names for various lii y Railway Changi Union Depot Loop hue y Railway Change from cable U uh St y Railwa) I leai under name- ol Streets where lines run y Railway Cochran, Tl I el al . Randolph St. line franchise y Railway Como [nterurban Lin< I 1184 iv Railway — Como Harriet fnterurban Line — Car service \ Railway — Como line on Broadway loop y Railway — Como Interurban y Railway — Como-Interurban line — Car service y Railway — Como Harriet Line — Permission to build, etc y Railway to Como Ave. Line (compromise) y Railway — Como Park Line y Railway — Concord St. Line extension 2368 y Railway — Concord St. Line (compromise) y Railway — Concord St. Line — extension y Railway — conduits, w r ires and poles underground... y Railway — double track on Robert St., ?th to bridge. y Railway — Eighth St. line from Broadway to Robert y Railway — Eighth St. loop — franchise y Railway — electric lines y Railway — extension of time for "1227" y Railway — extension — Phalen Park Line y Railway — extension — Concord St. Line 2368 y Railway — extension Rondo Line y Railway — extension — Concord St. Line y Railway — extension — Maria Ave. Line y Railway — fares on cable lines y Railway— 4th St. — Change from cable to electric... y Railway— 4th St. Cable y Railway — Fourth St. line cable to electric y Railway — Grand Ave. line on Sibley St. loop y Railway — Grand Ave. line on Broadway loop y Railway — Granite paving — Maria Ave. Line y Railway — Gross earnings y Railway — Hamline line — Broadway loop y Railway — Hamline Line — new route y Railway — Hamline line — new route y Railway — Hamline line — to run on Sibley St. loop.. y Railway — Hamline Line Compromise. . y Railway — Horse car 1st ordinance (No. 57) y Railway — Horse, car (2nd ordinance No. 2681) y Railway — Horse car ordinance y Railway — Indian Mound Park line y Railway- — Interurban line on Broadway loop y Railway — issue transfers — at Rice St. and Univer- sity Avenue y Railway — Issuance of transfers Como Interurban line y Railway — Ireland. Jno., et al., franchise for car line Sec. No. 2331 2312 2346 2380 2331 2407 2301 see 2377 2405 2349 2293 2218 2312 2288 2242 2291 2366 see 2377 2303 2349 2338 2239 2323 2212 2316 2320 2312 241 r 2267 2312 2342 2334 2320 2406 2176A 2176B 2177 2299 2314 2.354 2394 2228 1185 X. i. y Railway — Jacks. >n St. Line y Railway — Jackson St. Lino additional double track. 2365 y Railway — John Ireland, et al.. conforming ord. "1202" y Railway — Lafayette line extension to Phalen y Railway — Langford Ave. line 2295 y Railway— Loop 8th St. franchise 2288 y Railway — Loop — Broadway cars to run on '.' .: I I y Railway — I. under names of various Hi y Railway — Line.- on Broadway loop y Railway Co. Manufacturing Plant (Compromise)... y Railway — Maria Ave. line extension y Railway — Maria Ave. Line granite paving 2417 y Railway — Maria Ave. Line to run down 7th St y Railway— Maria Ave. Line y Railway— Merriam Park extension cable lines y Railway — Merriam Park line car facilil y Railway — Mississippi St. line to run on Sibley St.. y Railway -New Route — Hamlin< L,in< Railway New Route— Hamline line y Railway — Xot to throw sand, salt or ice back on y Railway— North Si. Paul Rd. Co. franchise y Railway — Option of company as to method eration 22 12 y Railway fares ordinance to redu y Railway I for y Railwaj o\ poles and wires y Railway Poles, wires and conduits underground. y Railway -Provision for Owl cars y Railway P mder nan li tring win y Railway - Permi im< i I rarriet Line y Railway Phalen Park Li y R Iwa) P Pi ■' ••! Loop ' indolph St. Line y Railway Randolph St. fi I 1186 City Railway— Repeal 2257 City Railway— Repeal 2252 ' City Railway — Right to lay double track on 13th St. from Jackson to Mississippi City Railway — Rice St. and University Ave. issue trans- fers City Railway — Rondo St. line (Compromi.se) City Railway — Rondo line extension City Railway — Rondo line on Sibley St. loop City Railway — Salt, sand, ice on tracks on bridge City Railway — St. Anthony Park Line City Railway — St. Peter St.— tracks prohibited on City Railway — Selby cable extension City Railway — Selby lines — Merriam Park cable ex- tension City Railway — Selby Ave. tunnel (compromise) City Railway — Sibley St. loop — lines to run on City Railway — Selby Ave. line cable to electric City Railway— Selby cable franchise City Railway — Seventh St. cable City Railway — Seventh St. lines connected City Railway — Seventh St. change from cable to electric City Railway — Sewers — -construction of City Railway — Seven Corners — stopping of Selby cars.. City Railway — Sibley St. loop — authorized City Railway — Sibley St. loop — Prohibition on 3rd St.. City Railway — Sixth St. and St. Peter St. no street car tracks City Railway — Sixth Ward — Car facilities (extension) . . City Railway — Snow — clean from tracks — see ordinances under names of streets where lines run. City Railway — Stopping Selby cars Seven Corners City Railway — Stopping of cars Union Depot Loop (Sib- ley St) City Railway — Streets — permission to string wires City Railway — Stryker Ave. Line City Railway — Stryker Ave. line car facilities City Railway — "T" rails on University Ave City Railway — -Third St. tracks on City Railway — Line — Extension on for "1227" City Railway — Transfers (see under names of various lines). City Railway— Xo tracks on 6th St. nor St. Peter St City Railway— Tracks — prohibited on 6th St. or St. Peter St City Railway — Tracks on Wacouta St Sec. No. 2377 2377 2209 2354 2417 2303 2320 2296 2295 2225 2 2 2 2 2226 2403 2320 2316 2212 2223 2300 2300 2301-2-3 2390 2319 2362 2225 2352 2390 2391 2347 2299 2371 22S4 2319 2291 2225 2319 1187 Sec. \"o City Railway— Tracks on Sibley St 2319- City Railway— Tracks— on 3rd St 23 1 9 City Railway — Tracks on bridge — ice, salt and sand on.. 2296 city Railway — "1227" ordinance 2242 City Railway — "1227" extension of time . 229 I City Railway— "1227" ordinance 22 12 City Railway — "1227" supplemented Langford Ave. line 2295 City Railway — "1227" Jackson St. supplemented 2294 v^ity Railway — Extensions of lines — general — "1227".... City Railway — "1227" general line extensions 2298 City Railway — Underground conduits, poles and wires. . 2293 City Railway — University Ave. to lay "T" rails '.'-! City Railway — Union Depot Loop Line — change of route City Railway — Union Depot Loop (Sibley St.) stopping of cans 2391 City Railway — Wacouta St., tracks on 2319 City Railway — West St. Paul line — on Sibley street loop 2320 City Railway — Wires — poles and conduits underground. 2293 City— Rents due 875 City Sealer — Weights and Measures 1096A City — Suits against to 'be defended by corporation at- torney .'in City Treasurer 781 City Treasurer 85 I City Treasurer 1049-5] 52 City Treasurer < Market License) 629 City Treasurer — Permit for sewers City Treasurer — ( Rents) 875 City Treasurer (Trading -tamp-') 1069 ;i Cleanouts for traps 2011 Cleaning .» Clergymen — (bodies of persons dying from contagious diseases musl noi !"■ allowed in church 186 Clerk'- Fee Brokerage offices fntell. offices employ llient Clerk of Municipal Court Cleveland We Si < 1 < ■ track Minnesota 1 (Railroads) Climbing of ti • • County Vttorn t to tion ing and ■slidjng 1019 Conn i r additional condu Councilmen t<> wear badg< Council ■ .... 1188 Sec. Xo. Council— may declare cornices as nuisances 245 mcil — may authorize wires, poles, conduits and 'Sub- ways 292 Council — to appoint weighers ' 221 if Sewers — equalizing 040 Corps — salvage 886-8 Corporation attorney — right to inspect prescriptions.... 136 ;>oration attorney, see "police," "City charter," "no- tices of accidents." Corp 'ration Attorney about agreements for garbage col- lection (see, also, Health Dept.) * 383 Corporation Attorney — accidents reported to 817 Corporation Attorney 201-207 Corporation attorney 746 Coroner — to have right to inspect prescriptions 136 Coroner — Death certificate 481 Cornices of wood in fire limits .- 1847 Cornice or roof vault 720 Cornices to be of metal 247 Cornices of incombustible material 1886 Cornices — engineer to examine 244 Cornices — (see also Building Code) 244-245 Copper tubing and flushing gauge 2017 Cook, W. H. & Frank Van Duyne Mfr'g 1669 Conve3'ance of patient with contagious disease 471 G invention Hall — temporary 1874 Controversy — adjustment of Chicago, Milwaukee & St. Paul Ry. Co 2459-72-89-92 Contractor — take out permits for excavations 4 Contractor for removal of garbage not to be obstructed. 518 Contractors— with city 237-243 actor — garbage 516 C< mtiguous walls — protection 1825 Contagious diseases 466 Construction of tunnel under 3rd St., Gt. Northern R. R. Co 2606 Construction of track line — Great Northern Ry. Co. (Railroad's) 2585 Construction of track — Chestnut St., Chicago, Milwau- kee & St. Paul Ry. Co. (railroads) 2450-2404 Construction of Side track. Chicago, Milwaukee & St. Paul Ry. Co 2455 Construction — Skeleton iron and steel 1920 ruction — see also building code. Construction of sidewalk 1010 •uction — manner of — for subways and conduits.... 295 1 189 Sec. No. Connections — of traps 2026 Connections — with sewer 2018 Connei sewer ,||s Connection and framing structural iron work L936 Connections — drip and overflow pipe 2025 Connections — brass and lead pipe Connections 939 Confiscation — of weap ns bj police 226-22'J Conduits, underground 781 •'■ l| Conduits and subway- — manner of construction 295 Conduit— Thos. B. Scott L609 Conduit — rem. ival of 300 Conduits, pole- and wires underground City Railway... Lmiduits — co-extensive use of :; "' Conduits 281 Conduct -lewd Conduct — Immoral 68"! Conduct — disorderly see "Disorderly Houses" Concrete — afe bearing load 1809 ete — how made and placed 1803 Concrete foundations ord St. Line extension (City Railway) 2366 ord St Line extension (City Railway) 2349 Concord St. Line City Railway (Compromise) 2405 Concealed weapons Concerts — shows, etc 1064-5-6 Comptroller, City L004 5 Compromise City Railway Co 241'J Compression -table of direct 1814 Complaints with reference i i (see also health dept. ) 519 (' mo Park Line City Railway. , Como I 'ark Como Park • V Como tnterurban Line Issuing of transfers (' Railway) tnterurban i . Railw aj • tnterurban Citj Railway Como Harriet Line Perm sion to build (City Raih Como Harriet fnterurban Lii Como Wenue Lin< 240" i car line on Broad Como \\<\ Bridge City Railwaj Common Law and Statute n 1190 Sec. No. Common Council — to transfer butchers license 112 Common Council — Sergeant at Arms 914 Common Council — granting of permission, for use of gunpowder and guncotton 387 Common Council — corporation attorney to attend meet- ing 202 Common Council — and Building Code 1849 Common Council — to authorize cemetery enlargements. 192 Committee on Streets 1075 Committee on Public Accounts 795 Committee on License 567 Commissioner's record of reports, complaints, etc 519 Com. Pub. Works — refusal of permit for wood sidewalks in places 952 Commissioner of Public Works — Power over dangerous buildings 1849 Commissioner of Public Works — to notify owner or agent of illegal construction 1781 Commissioner of Public Works — to be furnished plans.. 1780 Commissioner of Public Works — to furnish blanks • 1780 Commissioner of Public Works ,. . 860 Commissioner of Public Works (see city engineer). Commissioner of health with reference to garbage (see also health dept) 379 Commissioner of health — receives reports of cases of contagious disease 466 Commissioner of health — may post signs 77 Commissioner of Health 671-674 Commissioner of Health 900 Commissioner of Health 1081-2-3-4 Commissioner, etc., to have free entrance- to buildings.. 512 Commission on appeals 1782 Combustibles — not to t>e stored in tenements 515 Combustibles — not to be stored in tenement houses 189 Columns — reduction to live loads 1820 Columns — open back 1924 Columns— computation and loading 1813 Columns — cast iron 1922 Columns 783 Columbia Electric Co., Poles and wires 1240 Columbia Electric Light Co 1772 Collection, transportation, conveying of garbage — Re- ceptacles (see also health dept) 377 Collection of garbage 519 Collecting in crowds 686 Coextensive use of conduits 301 1191 Sec. No. Cochran, Thos. Jr., Electric car franchise 2228 Cochran, Thos. Jr., Confirming (1202) 2283 Coasting 1098 Coal chutes for manholes in sidewalks L855 Coal — fees for weighing 224 Coal and hay 218 Coal (see also "Weights and Measures") 218 Crescent Creamery Co. — use of levee 1243 Cranberries — unripe 665 Crossing 1026-28 Crowds — Collecting in 686 Crowds — on sidewalk, not to be collected by auctioneer. 23 Crossings — Flagman and lamps at 866-7-9-870-1 Crude Carbolic Acid — sale of 139 D. Dangerous walls — appeals ' 1782 Dampness — protection of walls 1838 Damage — for hurts in subways 303 Damaged property — to be removed from streets 8 Danner, John J., Fencing factory L246 Dances — public --IT Dangerous buildings 796 Dangerous buildings — general provision 1849 Danger — cars to stop at appearance of 1057 Dangerous electrical machinery 2035 Danger signals 251 Thomas Davis — levee lease boiler factory L256 Dead animal matter 503-50 I 5 1 6 5 1 B Dead bodies L90 Dead load of building L820 Dealers— second hand 743 certificate — by coroner or attending doctor 181 Death — from contagious diseases 467 Deeds — to armory property forbidden drain Definition of bearing walls Definition of plumbing terms BOlfl Definition of temporary buildings and structures i s n ■i"ii of floor beams L918 I menl of health tment of health General ordinances Department of health ice and other games of chance prohibited 354 Dicker'man, C. E. — Steam pipe rights 1305 Dime museums 614 Dining rooms 590 Dirt : 924 1 diseases — Contagious 466 Diseased and destitute persons 257 Disinterments — permits for 482 Disorderly conduct (see also disorderly houses). 260 Disorderly houses 259 Distillers 500-502 Distilleries 502 Districts — election 312 Distribution of wires 297 Disturbances 686 Disturbing neighbors 260 Ditches 1020 Ditches and sewers 1083 Doors _. 720 Dormer windows in fire limits 1S86 Dogs 263 Dogs — captured — how kept 272 Dogs — care of — captured 272 Dogs — duty of police 270 Dogs — ferocious 267 Dogs — inspector'^ expense 27S Dogs — How killed 273 Dogs — who bite — to be killed 274 Dog — license inspector for 269 —to be licensed 263-265 Dogs — at large 266 Dogs — not to run at large 281 Dogs — not to be set at large 281 Dogs — muzzling of 268 Dogs — vicious 274 Dogs — who bite 274 Dogs — who bark og 5 Double track— Robert St. City Rwy 221 8 Drain Tiles to protect walls 1193 Sec. No. Drains — subsurface of tiles 2021 Drains — general pn Drains and sewers 915-940-1020 Dray.- — license fee . 401 Drays — exception 1044 Draymen, backmen, expressmen 396 Drill hall — In Armory — use oi L2 Driver's badge t04 Drills and parades . . . ., Drivers — license of Driving - L026 Driving — fast L035 Droves of cattle on bridges 84 Drips and risers of gas pipes 2030 Drying rooms — how constructed L878 1 )ruggists .".u Drunkenness Ducas Street police station 811 Due rents to city '. . . . 875 Dumping, P. I). Scannell and Jacob Bohrer 1600 Duty of police — dogs 270 Duty of commissioners — lumpy jaw cattle Duty of commissioners— unwholesome meat 524 Duties of pound keeper Dwellings — fireproof over five stories L852 Dwellings over two stories, two stairs I >yers 500 Dynamo rooms and stations E. East Ninth Street -tram pipe permit East Seventh street -change from cab ra i I w ay East Seventh streel II. Bockstruck, permit foi p I 1190 pany poles and ■•■ I unnel under '..... 1210 nd West S<-\ ent h ted ■ my Strain Hint Comp <\ Edison Eli -lit and P mpan} 1 I Power Ci 'inpanv lin: ■ time i tnd Pov Eighth ity railw B 1194 Sec Eighth street loop — city railway Election districts Electrical constant current systems Electrical constant potential systems Electrical extra high potential systems Electrical fittings and details Electrical inspector (fire department) Electrical inspector (see also building code). Electrical inspector — -and wiring in churches, etc Electrical inspector — and right to enter buildings Electrical materials and apparatus Electrical wires — orders to remove dangerous Electrical wiring Electrical work Electrical work — miscellaneous Electrical work permits Electric wires Electric Lighting Company — United States Electric Lines (see City Railway). Electric light wires Electric poles and wires — Edison El. L. and P. Co Electric railways (see City Railway). Electric wiring and wires Electric Wires — Permit to A. Cathcart Elevated platform — Rights of J. H. Allen and Company Elevated platform — Griggs, Cooper & Company Elevator accidents Elevators — automatic cable stops Elevators — automatic governors Elevator cables and counterweights Elevator doorways Elevators for grain Elevators — hand power Elevator inspector — to enter buildings at will Elevator in a well hole or stairs Elevators for passengers Elevators — permits and requirements Elevators — semi-annual inspection Elevator sheaves Elevators — use prohibited in certain cases Employment offices Emission of dense smoke '. Endicott, W. and H. — Steam pipe rights Engineer, city *. Engineers — stationary ladder Engines — .smoke from No. 2284 312 2041 2057 2079 2082 330 310 2032 2035 2896 2034 2032 2121 2036 1054 1772 287-309 1320 287-309 1230 1099 1412 1940 1942 1943 1946 1941 1873 1942 1952 1950 1948 1929 1938 1947 1939 592 982 1334 208-217 1901 983 1195 Entrances to basements Equalizing cost of Sewers Erection of barb wire fences (see Building Code) Erection — telegraph poles — Chicago Great Western Rwy Eureka Improvement Company Eureka Improvement Company — poles and wire right... Examination — of garbage complaints Excavations — general ordinance Excavations — to be guarded Excavations — permit for Exhaust blow-off or drip to sewers Exits — from basements, engine rooms or boiler rooms.. Expenditures — for militia purposes Expert printer Explosives Exposure — indecent Expressman, draymen, hackmen Extension — Of Phalen car line Extension — Concord street line, city railway Extension — Concord street line, city railway Extensions — general, six car lines Extension — Maria Avenue line — city railway Extension — Phalen Park line — city railway Extension — Rondo line, city, railway F. Factors of safety Factory buildings — floor load Factory buildii ipe\ ory buildings pressure under foundations Factory buildings definition of carrying capacity of columns Factory Twin City Fence Wire Works Fair buildings tempi »rary Fair buildings time limits Failuri rreel construction Faking, grafting, swindling Faking Faking grafting* -swindling False fire alarm and fire alarm telegraph T ; a 1 - . itions Fauquier St. I o, St, Paul, Minneapoli & Omaha Ry, Co -City railway on cable lines -City railway — ordinal Sec. No. 190:> 940 328 2435 177:.' L342 380 870 6 4 2020 1901 9 836 771 681 396 2302 2349 2368-:.' .17 7 2296 • 3366 isl I 1820 1910 1828 \ L792 i- jo L693 181 i i ;m in l 196 No. Farm produce — sale on streets 118 Farm produce in cars at depot — sale of i:.'i Farm produce, vegetables, fruits, in railroad oars or depot — sale of — license for, etc 352 ind gambling devices- prohibition of 355 Farwell, Ozfnun, Kirk & Co.. levee — side tracks — Chi- cago. Milwaukee & St. Paul 2497 Farwell. Ozmun, Kirk & Co. — land— vacated 1361 Fast driving' 1 635 Fastenings of scuttles 1907 nings for iron and steel stacks 18G2 Fastened — horses must be — not to lamp post — funeral-. 1038-39-40 Fee — for license of auctioneer 10 Fee (reporter's badge) 880 Fees — circus — menageries, etc 1066 Fees — for weighing 224 Fences 69 Fences — 'barb wire (see also Building Code) 328 Fences — guard 251 Fence — tight board over 6 ft. prohibited 1S97 Fencing — Danner. John J 1245 Ferocious dogs 267 Fertilizer Fifth St. wires for electricity 1230 Fifth Ward Transfer Co. levee in 4th and 5th wards rail- way tracks 2535 to 2584 inc. Filling — between floor beams 191S Fine — for working after revocation of permit 1781 Fire — buildings damaged by to be removed 8 Fire alarm box — keys for — unauthorized person not to make or use keys 343 Firearms — discharge of, etc., in parks 697 Firearms — fireworks 345 Fire alarm telegraph 287-309 Fire alarm telegraph — false fire alarm (see also electric wires) 34O Fire commissioners — board of 330 Fire commissioners — board of 772-4-5 Fire chief and Com. of P. W. to control theatre fire apparatus and lights 2011 Fire department apparatus — not to be interfered with... 94 Fire department — chief of 330 Fire department 886 Fire department ("electrical inspector) 330 Fire department — defective cornices 244 1191 Sec. No. Fire department — charter amendment for increased ap- propriation Fire escape brackets L913 Fire escapes — care and number l'.'io Fire escapes — platform and stairs — material and con- struction l'.M 1 Fire e- addition to stairs in public balls 1954 Fire escape railings, etc L912 Fireworks and firearms 345 Fire — hook and ladder, etc Fire Ins. Patrol Supt Fire places 1864 Fireproof buildings — first class i 785 Fireproof — certain buildings if over 5 stories high L852 Fire patrol Fire limits— building- removed within — restrictions 1851 Fire limits — buildings outside of may be removed L894 Fire limits— frame buildings in L848 Fire limits — greenhouses in L909 Fire limits — no grain elevators with wood walls 1873 Fish and fishing parks 716 Fish — inspectii >n of 521 Fish— peddling on street- L18 Fish — unwholesome Fitzpatrick, Thomas— J. C. Prendergast tunnel L366 Flagmen 866 or center Flat buildings — what kind km iwn as 1788 lead for n ■ ■ ighl 201 3 Flashii 2017 Floal - and !>■ iatS parks 1 and in >n ... . Floor beams and girdei ' ioi8 igth 1822 if beams and arche-s [918 Floorii uilt ' from i himni loss 1 tad distributed Floorlighta [900 id • nd 1958 ■ ■I i'.y br< id nd Smith 1811 ■ id I" 'in loss Fine shall m >t b venl pipi 1198 Sec. No. it lights and stage lights 2010 Fool peddlers' license 761 Footings — material and proportions 1832 Footings under foundations — computation of pressure.. 1826 A Foley Bros. & Kelly Mercantile Co. — platform 1374 I irmula of weights on piles 1826 Forfeiture of fire weapons 235 Forfeiture — of bread by bakers 80 Foundations — for bake ovens 1879 Foundations — depth of 1825 Foundations — lining existing walls to be supported on.. 1836 Foundations — how laid and proportioned 1826 Foundations for isolated smoke stacks 1862 Foundations — .size of piles under ' 1826 Fourth St. line cable to electric city railway 2316 Pourth St. cable — city railway 2212 Fourth St. line — change from cable to electric (city rail- way) 2323 Fourth St. steam pipe 1334 Fowls — pound limits 145 to 176 Fowl — in parks 716 Frame 720 Frame buildings — Scheffer & White 1605 Frame building — J. C. Richardson 1555 Frame building — Haas & Anderson 1414 Frame building — erection of by Samuel Cohen 339 Frame building — Shields-Sorghum Co 1610 Frame buildings — Home & Danz Co 1424 Frame buildings — within fire limits 1848 Frame building — Chas. Klosterman 1437 Framing and connecting structural iron work 1930 Frame shed — Noyes Bros. & Cutler 1554 Frame shed — Scribner-Lvbbey Co 1 60S Franchises — American Telephone and Telegraph Co.... 2773 Franchises — for use of -streets — time of 308 Franchise — Am. Union Telegraph Co 2788 Franchises — American District Telegraph Co 2767 Franchises— Bait. & Ohio Telegraph Co 2793 Franchises — C. & N. W. Telegraph Co 2798 Franchise — Cancellation of 1772 Franchises (phone) see also "wires," "poles" and "elec- tric wires." Franchises — Minnesota Central Telegraph Co 2803 Franchises (phone) Mpls.. St. Paul & Sault Ste. Marie Ry- Co 2826 Franchises— Mutual Union Telegraph Co 2817 1199 Sec. No. Franchise — Mississippi Valley Telephone Co 2838-2889-83 Franchises — North American Telegraph Co 2S21 Franchises — North St. Paul Railroads 2261 Franchises — Northwestern Telephone Exchange Co.... 2848-2852-2862-2864-2872-2877-2882 Franchises — Rapid Transit Telegraph Co 2763 Franchise — St. Paul District Telegraph Co 2759 franchises — St. Paul & Mpls. Mess. & Tel. Co 2756 "Free Public Bath 1< und" 845 Fronts of metal to be filled with masonry L926 Funeral processions (in park) prohibited 704 Fumigation, etc 179 Furnaces — tops of— how placed and covered 1S65 Furred walls or chimneys L843 Fruits — vegetables, farm produce in railroad cars or depot — sale of — license for, etc Fruit — in cars or depot — sale of l:.' I Gallery for art on roof of theatre i 966 Galleries — shooting 1066 see also 975 Galleries of theatres to be fireproof L980 Galvanized roof sheets 2017 Gambling — betting — pool rooms 353 Gambling devices — prohibition of — gambling hi uses — card-, etc 354 Gambling houses — prohibition of Gambling tables and fixtures seizure of 358 Game (see ; ,i-, , butcher shops and poultry ) m; Game in ear- or depot — sale of l:.M Game license for 1 ■: i Garbage < jarba . j ed in tight n t€ also hi pt) Garbi losit 513-14-15-10-17-18 Garbage— night soil, etc. in tenemenl houses health depl ) Garbage- to be called for by health departmeni chi amendment 199 Gas bi how placed and protected .... ' 196 : ighting in theatre of theatre shut off oul i Paul I ■ 1561 1 300 Sec. No. pipes and tubing 3030 Gaslin, David — levee — use of 1383 ne ; ; I Gedney, M. A., Pickling Company levee L391 Girders — plates under ends of 1928 Girders - on bearing walls 1828 Girder.- i if steel or iron 1925-27 -on bicycle paths 55 Glue — manufacturing 510 —not to be penned 5.30 Gongs 385 Gongs — for advertising 24 Goods on. sidewalk 1022 Grading (R. R.) S70 Grafting — faking — swindling 324 Grand Ave. line on Broadway loop (City Railway) 2312 Grand Ave. line on Sibley street loop — (City Railway) . . 2320 Grate openings 1864 Gratings 1031 Gravel — streets surfaced with 1004 Gravel — sand — salt — removal of 1058 Grease traps 2023 Grt. Northern Railway Co. — Compromise Manitoba Railway Co 2589 Grt. Northern Railway Co. — construction of track line ( Railroads) 2585 Grt. Northern Railway Co.— R. R. tracks— Rosabel St.. 2602 Grt. Northern Railway Co. — tunnel 1406 Grt. Northern Railway Co. tunnel — construction under 3rd street 2606 Green hides 532 Green houses 1909 Greenleaf Clark — steam pipe 1234 earnings — City Railway (see "1227") 2267 Guncotton and gunpowder 387 Gunpowder and guncotton 387 Griggs, Cooper & Co., elevated platform -,- 1412 Groceries 502 Grounds — play 823 Grounds — Public (see also charter) 996 Guards — at excavations 7 Guard fences 251 H. Haas & Anderson — frame building — erection of 1414 Hackmen 737 1201 Sec. No. Hackney coaches — license fees 407 Hackmen — draymen — expressmen, etc 396 Hamline line city railway compromise 2406 Hamline line new route (City Railway) 2334 also 23 12 Hamline line to go on Broadway loop (City Railway).. 2312 Hamline line — on Sibley St. loop — City Railway 2320 Harmon & Kimball — transfer of privileges to Anchor Silver Plate Co 115*7 Hastings, W. B— tunnel 1415 Hay — and coal — weighers, etc 218 Hay — fees for weighing 224 Health Commissioner 829 Health Commissioner 671-4-7-8 Health Commissioner 837-8 Health Commissioner 1081-2-3-4 Health Commissioner 1)00 Health Commissioner (collection of garbage) (see also Health Dept) 379 Health Department 1083 Health Department (see also "Board of Health.") Health Department — to collect garbage — charter amend- ment 1 99 Health Department (see also destitute and diseased persons) 257 Health Department (-see also garbage) 165-542 Health Department — to inspect butcher shops 1:27 Health Department — officers of 98s Health Department ("patent medicines) 673 Health Department (public baths) 841-45 16 Hearths — how built and supported L864 Hearths in front of bake ovens Hearths in front of ranges | 869 \ Heating pipes for water and steam 1 869 Heating plant exhaust connected with sewer Height of buildings and walls — how measured L783 ' t of fireproof building ti late construction.. .. L917 Height of stories- increase in walls Herds— examination of err green Highways — excavations in i Highways— gongs not to be rung for advertising :.'i Highways — obstruct ilty for h Hitching posts and Bhafts of freight elevators L945 Hollow brick and tile partitions is 1 1 v brick or tile in wall Sec. Xo. Hollow walls — anchoring 1841 Honey — sale of 656 Home & Danz — levee — use of for frame buildings 1424 Home & Danz Co. — Private ordinances 160) Horse car ordinance see "City Railway." Horse car — first ordinance (No. 57) 2176A Horse car— 2nd ordinance (No. 268) 2176B Horses — hitching to tree 1076-78 Horses — how released from pounds ITS Horses — not to be kept in tenements 189 Horses — not to be stored in tenements 515 Horses — not to obstruct 1028 Horses — pound limits 145-176 Horseless carriage — have lamps at night :il Horseless carriage — speed of 30 Hospitals 54:; Hospital — public — to be fireproof 1915 Hotel fire escapes 1910 Hotel — floor load 1820 Hotel — number of stairs 1900 Hotel runners 551 Hotel — what comprises 1781 House sewers of earthenware and iron pipe 2020 Houses — of ill fame 259 Houses — disorderly 259 House drain permit, etc 926 House drain and sewer — definition of 2016 House drain and sewer ■ 2020 House mover's license and bond L895 House numbers 558 Hyde St. spur track — Chicago. St. Paul, Minneapolis & Omaha Ry. Co 2519 I. Ice 531-562-63-65 Ice house — Milton Dairy Co 1533 Ice houses — location — consent of property owners L891 Ice houses — permit , 1892 Ice — on- bridges 86-87 and, salt on tracks over bridges (City Railway)... 2296 sidewalk 1029 111 fame — houses of 259 Immoral conduct 687 Improvements — in street 4 Impounding — pound limits 145-176 impure water from wells and cisterns 533 1203 Sec. No. mc< trrigibles 61U Indecent booKS 6S7" Indecent dress 687 Indecent exposure 687 Indian Mound Park Line— City Railway 3299 Injury — liability for — in conduits. 303 Inspection — of butcher shops before granting license.. .. L21 Inspection — of butcher shops by health department LZ"! Inspection of cattle, milk, etc Inspection of milk 673 Inspection — prescription and orders for sale of carbolic acid 136 Inspector — of bread 80 Inspector — dog — expenses 278 Inspector— dog — license 269 Inspector (electrical) of the city 330 Inspector of licenses 613 Inspectors — right of 681 Inspector, sewer L049 Inspectors — street 798 Inspectors, .street Inspector of streets L026 ctor — Street L049 Institution — public to be fireproof L915 Instruments, weighing Intelligence offices Interference with meter- 604 Interference with poles, wires, etc 805 nents is i or wood finish in fireproof buildings 1917 irban car line — to run on Broadway (City Railway) 2314 [nterurban line on Broadwa) loop (City Railway) fnterurban line (City Railway) Intoxicants -Drinking of 694 Intoxicated person (market) 654 rating 1 i<) n- >r~ s |'l m I reland, John and Iron and s< on to bi 1920 lr. in casl quality and >i Iron post and clock, 1 1 Easl 7th rtreel Iron work structural framing and co ivroughl I and heighl KM> I Sec. No. Issue transfers — Rice St. and University Ave. (City Railway) 2354 Issuing of transfers — Como Interurban Line (City Rail- way) 2394 J. Jackson St. car line (City Railway) 2294 Jackson and Sixth St. Minnesota Building steam boilers 1599 Jackson St. line additional double track (City Railway) . . 2365 Jail to be a fireproof building 2017 Jailers — additional 811 Janitor — Central police station - 809 Janitors, school — may be policemen 913 Joesting & Schilling, Manufacturing . 1427 Joists and beams not to be cut for gas and steam pipes (exceptions) 1871 Joists and beams .supported on ledges 1834 Joists in existing walls and partitions to be anchored. . . . 1837 Joists of floors, one inch from chimney 1858 Joist hangers 1858 Joists of columns — how secured 1922 Joint committee on markets 629 Joint committee on printing. 831-32 Joints of oakum and lead in plumbing 2017 Judge of Municipal court 619 Judge of Municipal court 1044 K. "Keep off the grass" signs .- . . 705 Keeper of city prison 806-7 Keeping — of captured dogs 272 Keokuk Northern Line Packet Co. & Diamond Jo Line of Packets — levee 1263-70 Chas. Klosterman, frame building 1437 Knees or angles connecting structural work 1930 Kohlman & Co. (John Christianson) Buildings 1438 Killing — of captured dogs 273 Killing of vicious dogs 284 Kingsland Smith flour manufactory 1611 Kitchen — A. J. Cameron & Co 1229 Kite flying 726 Kittson's Addition — board fence — lots 5 and 6 block 49.. 1771 L. Laborers — of city contractor to be paid 237-240 Ladders from basement boiler rooms 1901 1205 Sec. No. Ladder of iron in smoke stack 1862 Lafayette line extension (City Railway) 2302 Ladders to scuttles 1907 Lafayette line— on Sibley St. loop (City Railway) 2320 Lake Como — unlawful to cut ice 563 ,L,amb— unwholesome 523 Lamp posts — advertising on 71-7 i 75 Lamps — at crossing 867 Lamps and lamp posts 599 Lamp posts '■ < '■ Lamp posts and lamps 599 Lamps on vehicles — number, etc 401 Land — to be vacated — Farwell, Ozmun, Kirk & Co L361 i_angford Ave. line — City Railway Lard — sale of 656 Lawns — forbidden to cross L02 Lawns — street lawns 101 Laws of Minnesota — special 855 Leaders — inside — construction, etc 20 1 9 Leaders — metallic rain water 1888 Leasing of Armory L2 Ledges to support joists or beams I v 3 I Lee & Hoff — manufactory 1441 Lefebvrc & Deslauriers manufactory I 163 Legal excavation— depth of I B25 Lefebvre & Deslauriers — transfer of rights Length of buildings 1784 Lessee — take out permit for excavation i Letting male to female animal 688 boiler manufacturer L256 ■controversy Chicago, Milwaukee & St. Paul K'\ Co 2459 2472 2489 2492 nd Jo Line Steamers. L27] -erection of frame buildings ir.'i fencing, etc 1248 Levee — grading and use of by Km. Mfr. i <> L150 improvement of ' < < .kuk Northern Lin.- r Lcvcc to and from I J. A. Posey 1719 Levee and ids) . Levee — St. Croix Lumber Co [621 Levee St. Paul Hoop Manufactui 1652 i til Showc i -St. Caul White Lead and Oil Co 1206 Sec. No. Levee — Spur track Chicago, Milwaukee & St. Paul Ry. Co 2487 Levee — side tracks Chicago, Milwaukee & St. Paul Ry. Co 2497 Levee— 6th ward L476 Levee — 6th ward dumping 1600 Levee — 6th ward flour manufactory 1611 Levee — 6th ward manufactory 1556 Levee — 6th ward manufactory 1463 Levee — 6th ward manufactory 1482-98 Levee — 6th ward manufactory 1447 Levee — use of — American Can Co 1101 Levee — use of by American Hoist & Derrick Co 1127 Levee — use of Buck Eye Foundry 1201 Levee — use of Geo. W. Cahoon 1219 Levee — use of — Chicago, Great Western Railroad (rail- roads) 2429 Levee — use of Crescent Creamery Co 1243 Levee — use of by Diamond Jo Line Steamers 1271 Levee — use of by Diamond Jo Line 1296 Levee — 4th and 5th wards — use of — Fifth Ward Trans- fer Co 2535 to 2584 inc. Levee — use of — David Gaslin 1383 Levee — use of — M. A. Gedney Pickling Co 1391 Levee— use of by St. Louis & St. Paul Packet Co 1303 Levee — Vacation of St. Paul Union Depot Co. (Rail- roads) 2732 Levee — Valley Iron Works 1709 Levee — Vulcan Boiler Works 1728 Levee — Waterous Engine Works Co 1753 Levees — public 606 Lewd conduct 262 Licenses 610 License — amount for butcher shop 108 License — application for butchers 125 License — auctioneer to apply to Common Council .... 16 License — for auctioneers to be issued by City Clerk.... 18 License — for auctioneer 19 License — auctioneers — must have. . .' 15 License — butchers .selling at retail 110 License — Butcher shops — how granted 129 Licenses for cars (provided separately in various ordi- nances relating to street car lines). License — for commission business 121 License — concealed weapons 231-233 License — for dogs 262 1207 Sec. No. License for driving hacks, drays, etc 393 License for employment office 592-593 License for garbage collection (see also health dept.). . . . 382-383 License for hospitals 543 License for hotel runners to wear a badge 554 License for house movers by Com. of P. W 1850 License for house movers by mayor 1 B95 License inspector. . . .- 74d License inspector — duty regarding R. R. brokerage — Empl. off., etc 595 License for pigeon hole tables 781 License — Roller skating rink 885 License for sale of fruits, farm produce, vegetables in R. R. car 352 License for sale of gunpowder — guncotton 388 License (application) liquor 567 ■ License fee (for lunch wagons) 623 License for sale of milk 678 License — for pawnbrokers and second hand dealers 743 License — peddlers ; 60 i License — permit fee ~ Manufactory— Lefebvre & Deslauriers L463 Manufactory — McGregor & McTeague 1476 Manufactory— Jas. M. McHose L482-98 Manufactory — Wm. Rhodes & Geo. H. Ranney Manufacturing Co. St. Paul Roof & Cornice Co Manufacturing plant of St. Paul City Ry. (Compromise) 2410 Manufactured goods — sale of forbidden Manure, etc 5 I 3 M Manure — in tenement houses (see also health dcpt.).... Maps prepared by City Engineer (house numbers) 559 Maria Ave. line (City Railway) Maria Ave. line extension (City Railway) Maria Ave. line — tn run down 7th St. (City Railway).... Mark — of 1< iaf of bread '■'' Market Master — how chosen — bond — duty of 63 i Markets 626 Market Master to be city sealer LO06A Market master to lie bread inspect ir S| > Market halls— (renting of) Marshall Ave bridge 97 Martin, John Lumber Co. — streets — use of Maryland rs— Loitering ( ,i .-, Minor- (Pawnbrokers, etc.) Military, forget Milk -Inspection of Milk Inspection [573 Milwaukee & 3l P R Co Streets and levee w-r ..\ 3613 Milton. Thos. Barn and 1:,:; 1 Milton Dairy ('". ice-house 1939 meanors >;- Misdemeanor c, 1 1 Misdemeanor 1072 M isdemeanor m 1 •, Misdem< anor betting, etc B69 r0-3 I Misdemeanors-fast driving m>:-, meanor t>> work after revocation ■■! permit 1212 Sec. No. Misdemeanor — Ride on outside of street car 1047 Misdemeanor — Wood yards 1095 -sippi St. line on Sibley St. loop, City Ry 2320 Missiles — throwing from bridge 98 Mississippi Valley Telephone Co. (see, also, "Twin City'' and "Tri-State" franchise) 2889-28-83 Mixing — mortar on streets 6 Mortar — cement — in isolated piers and joints 1828 Mortar — how to be made 1S00 Mortar — kinds for backing stone ashlar 1830 Mortar — mixing on streets 6 Motion — getting off or on cars when in motion — unlawful S73 Municipal Court 801 Municipal Court — Judge of 1044 Municipal Court — Judge 619 Museums — Dime 614 Music — in parks 707 Mutilation — of bridges forbidden. 93 Mutual Union Telegraph Co. franchise 2817 Muzzling — of dogs " 268 Myrtle Ave. spur track — Minnesota Transfer Co. (Rail- roads) 2671, 2677 N. Naphtha 771 National German-American Bank Building porch 1535 National Guard — quarters for 9 National Subway Co. — electrical subways 1536 Neighbors — disturbing of 260 Nels J. Ness — spur track 1548 New Route — Hamline line (City Railway) 2334 New Route line (City Railway) 2342 Night soil, etc 516 Night soil — garbage — rags — cattle — in tenement houses (see.- also, "Health Dept.") 376 Night soil scavengers (see, also, "Health Dept.") 897-911 inc. Nipples — soldering — kind and .size 2017 "No Admittance" signs • 713 Noise 686 North St. Paul Railroad Co. franchise 2267 North American Telegraph Co. franchises 2831 Northern Linseed Oil Co. spur track 1550 Northern Pacific R. R. Co. — use of levee town streets (resolution) 2709 Northern Pacific R. R. Co.— use of streets, etc. (Rail- roads) 2694 1213 Sec. No. Northwestern Telephone Exchange Co. franchise 2848 Northwestern Telephone Exchange Co. rights on streets 309 Notice of appeal . 1782 Notice to protect wall 1825 Notice of revocation of permit 1781 Noyes Bros. & Cutler frame shed L554 Nudity 687 Nuisances 495-505-7-34-35-36-37 Nuisances — conduits 303 Nuisance — of dense smoke 982 Nuisance — defective cornices 245 O. Oakum — picked — and lead caulked joints 2017 Obedience of health department laws 539 Obstruction — on bridge 95 Obstructing — of impounding animals 182 Obstructions not permitted in .street sidewalks 1886 Obstruction in sewer (see, also, "Streets") 935 Obstruction of street with cars, etc 869 Obstructions — on streets ft Obstructions — on .sidewalks, etc mil Occupant to estimate strength of floors and post estimate L822 Occupation of Minnesota street — Chicago, St. Paul, Min- neapolis & Omaha Ry. Co 2516 Offal, etc :. l :; I I Offal — bones, etc., disposal of Offal, garbage, etc 932 Offal— tubs [or offal 645-48 Office buildings — carrying capacity of columns L820 Office building-- -floor loads L820 Office buildings pressure under foundations L826A buildings shall comprise what employment 592 Oil maker 501 ( Imnibus Mgs for door- and windows arches and 1840 Opening of street Open work in dry p how to be buill 1956 Operation I Milwauki St. Paul Rv ' 'ion of railway trfl St. I erminal and Trans ■ Option of methods of operation ''way 1214 Sec. No. Order to show cause 1.781 Ordinances — accepted by grantees of rights on streets.. 306 Ordinances — corporation attorney to draft 201 Ordinance — date of effect 2140 Ordinance — penalty for violation 2140 Ordinances — see, also, "Private Ordinances." Ordinances — repealing act 2138 Oriel windows 1880 Ornamental trees 1074 Outhouses — privies and cesspools 837 Outlets of fixtures, how protected 2023 Ovens for baking — foundations — distance from wood... 1879 Overflow and drip pipes 2023 Overhead wires remove from St. Anthony Ave 2894 Overheated cattle must be reported 528 Owl cars — provision for City Railway 2355 Owner or agent to correct illegal construction 1781 Owner — take out permit for excavations 4 P. Packing — Animals 510 Packing houses 977 Paint on metal foundations 1826 Painting stage scenery fireproof 1979 Painting structural metal work 1937 Park — Animals in 699 Park Board — Charter amendment — for additional funds. . 197 Park — Construed 730 Park Board — Jurisdiction of — play ground 824 Park Commissioners, Board of 700-3-5-7-14-15-16-17-19-22 Parks 697 to 734 Parade and drills 703 Partitions of brick and hollow tile 1844 Partitions of fireproof buildings 1917 Partitions of stud 1858 Partitions of water-closet apartments 2026 Part of levee railway track 1678 Party walls — beams, how separated 1S58 Party walls existing 1835 Patent medicine — sample 670 Paths — bicycle 42-68 Paths — bicycle — control of 67 Paths— bicycle — control of 68 Paths — bicycle — width of 60 Patrol — fire SS6-8 Patrolmen — telegraph 302 1215 Sec. No. Patrol telegraph — police 819-20 Patrick D. Scannell and Jacob H. Bohrer — dumping, etc. L600 Fatrol wagon drivers — additional Sll Pavement — asphalt • ;_i Paving 741 Paving 924 Paving — in car tracks, see "City Railway," under sub- head, '"Paving." Pawnshops Pay of Commissioners considering appeal 1782 Peddler — who is — defined L18 Peddlers 760 Peddling — meats on streets L18 Penalty for failure to correct illegal construction 1781 Penalty tor violation of ordinance 2139 Permission to build Como Harriet line (City Railway).. 2331 Permission to string wires- streets, etc. (City Railway). 2341 Permit for alteration in wiring granted by electrical in spector 334 Permit for blasting and quarrying 1009 Permit— Board of Public Works to revoke 1781 Permit — conditii ins for granting L780 Permit for conveyance of person with contagious disease 17] I V rm it -for excavation i Permit to expire after i me year L780 Permit fee for street excavation 998 Permit — line for working after revocation of 178] Permit for funeral obsequies case of contagi m 178 Permit and inspect! »n pf wiring permit for minor repairs L780 Permits — no work to be done withoul L779 Permit to open street permit for plumbing 20] i Permit publii B89 Permit for slaughtering animals . . candle fi 978 Permit ■ lling gunpow der, etc Pern Perm ■ from order rcfusin Permit for tann< Permit Pi rmi . id yards .... nd destitute ed in betl it 1216 Sec. No. Petroleum — crude 771 Phalen Park— car facilities (City Railway) 2351 Phalen Park Line City Railway (Compromise) 2400 Phalen Park Line extension (City Railway) 2366 Phalen Park Line extension to lake (City Railway).... 2302 Pharo banks, prohibition of 354 Phosphorus — amount in cast steel 1807 Physician 465 Physician — must register 487 Physician — unlawful acts of 138 Pickerel Lake (ice) 565 Pickles, etc., manufacturing, levee 1391 Picnics — permits for 714 Pictures 587 Piers — amount of material 1828 Piers — how faced and bonded 1834 Piers instead of increased thickness of bearing walls.... 1832 Piers— isolated 1828 Piers and walls — how bonded — thickness 1828 Pigeon-hole tables 781 Pig — unwholesome 523 Piles — concrete — construction— sustaining power — size* 1826 Piles — initial 1826 Piles— tops below low-water mark 1826 Piling of stone, brick or lime on street. 6 Pine St. steam pipe (Armour & Co.) 1178 Piers for steel and iron trusses 1935 Pipes — parks 717 Pipes of brass 2017 Pipes of cast-iron — quality 2017 Pipes of earthenware for house sewers 2020 Pipe fittings — quality 'of 2017 Pipes for gas and steam 1871 Pipes for heating with water and steam 1869 Pipes for hot air 1868 Pipes of lead .■ 2017 Pipes of metal for smoke 1861 Pipes for sewer vent 2018 Pipes for theater heating to be cased 2001 Pipes for vent 2022A Pipes for waste and soil 2017 Placard — tuberculosis cases 1084 Placards — on bridges 70 Place for mark and number — scavengers 910 Plans and specifications 1781 121*3 Sec. No. Plans to be furnished and filed if required L780 Plaster to be cleaned off wall before lining 1836 Platform 720 Plaform— Foley Bros. & Kelly Mercantile Co L31 I Platform — may be temporary 1874 Platform — must conform with code L778 Plates between joints of open back column- 192 I Play grounds i "Playground- acci Hint" 825 Playgrounds Committee 826 Playing ball 1 26 Plays 687 Plumbing — how executed 2012 Plumbing inspector certificate 2029 Plumbing inspector to inspect gas pipes Plumbers' license 2013 Plumbing materials and workmanship 2017 Plumbing— testing 2029 "Plumbing Repairs.'' meaning of term 801 5 Poles ?83 PoleSj see, also, "Electric Wives." Poles — advertising on Poles— Electric Lighting Co 605 Patrol Telegraph 821 Poles — removal of from St, Vnthony We and « ires in alleys 29 i I and Win ilumbia Electric Co L240 Poles arid Wires East Side Electric Co L306 and Wire- Eureka Improvement Co L342 1 and Win & Power Bn oks B !' :m remove • I conduil rn tund City Rail ■•■ 1 fnion Mfr'g 169 1 Pol* - and Wires U. S. Electric Light i i r08 i . Chief of I >ut) of in til • indling. . 1218 Sec. No. 1 i ilice — to confiscate weapons 226-27 Police Department 886 Police Department (see, also, City Charter provisions) . . 794-818 Police Dept. — Charter amendment to increase appropri- ation 196 Police Dept. Fund (inspector of licenses) 613 Police Dept. and gambling 359-365 Folice Dept., officers of 98S-992 Police Force 746 Pi ilice Force (license inspector) 613 Policemen — duties of regarding keeping of ordinances about vehicles 419 Policemen — to inspect lamps and report to chief 601 Police — officers may carry weapons 230 Police — Paving without permit 999 Police Patrol Telegraph 819-20 Police to protect lamps and posts 603 Policemen in parks 714 Policemen — reports, etc 796-99-800 Police — see "Chief of Police." Police — Seizure of runaway horses 1043 Police Station Central 809 Police — to stop work on streets 7 Police Station — to be fireproof 1915 Police — special pound masters 271 Police van driver S1 Pool rooms — betting — gambling :.";; Portland cements and others 1S01 Portland cement concrete walls 1827 Porters and runners' license 4:;4 Porches 1886 Porch — National German-Amer. Bank Building 1525 Porch 720 Posters — prohibited on bridges 93 Posey, J. A. — levee 1719 J. A., and W. T. Calton — levee 1728 Potential system, low — special rules 2063 Potential system, low 2061 itial system, high '. 2073 Potential system, low — general rules 2062 Potential system — constant ' 2057 Pounds, in parks 709 Pi mndSj number of 184-6-7 Poun d masters — special 271 Pound limits 145 to 176 1219 Sec. No. Pound keeper — duties of 179 Poultry 663 Poultry (see, also, "Butcher Shops") 107 Poultry — in cars or depot — sale of l'-'i Power of commissioners on appeal 1782 Poultry — to be drawn 1 1G Poultry — license to sell 124 Poultry — peddling on .streets 118 Poultry — pound limits 145 to 176 Poultry — sale of 116 Poultry — selling at retail 110 Pound — not to be broken open L81 Precincts 312 Preliminary requirements 1778 Premises to be clean 980 Premises — disinfected (tuberculosis) 1.082 Premises — Private Premises — unsanitary Presentation of plans to electrical inspector for wiring building 335 Preservation of boulevards 105 Prescriptions — false 137 Prescriptions — to purchase carbolic arid i:: 1 lent Board Education 913 immon Council v; j Trior Vvenue Polio B12 Prior Avenue spur track, Minnesota Transfer Ry. Co. ( Railn tads 1 Printer, expert B36 Printing (see, also, Citj Printing— ^Joint C< immittee • .11 1 City Private apartment- when intoxicating liq Private drain te drain , etc [93 Private ( Ordinances Vbl 1 1 !'• Private Ordinances American Mir. Co [150 Private ' Ordinal 1 1 7s Private ( Ordinal Private ' Ordinani es H< nry ' 1 [90 Private O 1 m Prival e Ordinances — 11 92 iin & Molin, I Ml 1 1220 Sec. No. Private Ordinances — Cabot & Cushing 1210 Private Ordinances — Frederick B. Cady et al 1218 Private Ordinances — Geo. W. Calioon 1219 Private Ordinances — A. J. Cameron & Co 1229 Private Ordinances— A. Cathcart 1230 Private Ordinances — Central Warehousing Co 1231 Private Ordinances — C. L. Christiansen 1233 Private Ordinances — Greenleaf Clark 1234 Private Ordinances — Columbia Electric Co 1240 Private Ordinances — Crescent Creamery Co 1243 Private Ordinances — John J. Danner 1245 Private Ordinances — Thos. Davis 1206 Private Ordinances — Diamond Jo Line Steamers 1271 Private Ordinances — Diamond Jo Line 1296 Private Ordinances — C. E. Dickerman 1305 Private Ordinances — East Side Electric Co 1306 Private Ordinances — Economy Steam Heat Co 1312 Private Ordinances — Edison Electric Light & Power Co. 1320 Private Ordinances — E. & H. Endicott 1334 Private Ordinances — Eureka Improvement Co 1342 Private Ordinances — Foley Bros. & Kelly Mercantile Co. 1374 Private Ordinances— Thos. Fitzpatrick, J. C. Prendergast 1366 Private Ordinances — Farwell, Ozmun, Kirk & Co 1361 Private Ordinances — David Gaslin 1383 Private Ordinances — Griggs, Cooper & Co 1412 Private Ordinances — Great Northern Ry. Co 1406 Private Ordinances — M. A. Gedney Pickling Co 1391 Private Ordinances — W. B. Hastings 1415 Private Ordinances — Haas & Anderson 1414 Private Ordinances — Home & Danz Co 1424 Private Ordinances — Joesting & Schilling 1427 Private Ordinances — John Martin Lumber Co 1436 Private Ordinances — Keokuk Northern Line Packet Co. 1263 Private Ordinances — Chas. Klosterman 1437 Private Ordinances — Kohlman & Co 1438 Private Ordinances — Lee & Hofif 1447 Private Ordinances — Lefebvre & Deslauriers 1463 Private Ordinances — Lefebvre & Deslauriers transfer rights to St. Paul Roofing & Cornice Works 1659 Private Ordinances — Minnesota Canning Co 1157 Private Ordinances — Midwa3 r Electric Light Co 152S Private Ordinances- — Milton Dairy Co 1 533 Private Ordinances — Thos. Milton 1534 Private Ordinances— Jas. W. McHose 1482-98 Private Ordinances — McGregor & McTeague 1476 L221 Sec. X>>. Private Ordinances — McCormick Harvesting Mach Co. 1471 Private Ordinances — F. A. Man n 1513 to 27 inc. Private Ordinances — Manhattan Co l 199 Private Ordinances — Nat. German Amer. Bank Bldg.... 1535 Private Ordinances — National Subway Co 1536 rrivate Ordinances — Nels J. Nes-s L548 Private Ordinances — Northern Linseed < >il Ci • i 550 Private Ordinances — Noyes Bros. & Cutler L554 Private Ordinances — J. A. Posey L719 Private Ordinauces — Win. Rhodes and Geo. II. Ranney.. L556 t rivate Ordinances — J. C Richardson Private Ordinances — Scandinavian American Bank .... L599 Private Ordinances — Patrick Scannel and Jacob Bohrer L600 Private Ordinances — Scheffer & White L605 Private Ordinances — Schmidt Brewing C> L606 Private Ordinances — Thus. B. Scott L609 Private Ordinances — Scribner Libbey Co L608 Private Ordinances — Shields Sorghum Co L610 Private Ordinances — Kingsland Smith 1611 Private Ordinances — St. Croix Lumber Co L621 Private Ordinances— St. Louis & St. Paul Packet Co L303 Private Ordinances -St. Paul Electric Mfg. & Const. Co. 1633 Private Ordinances — St. Paul Gas Light Co Hill Private Ordinances — St. Pan: 1561 Private Ordinances — St. Paul Hoop Mfg. Co L652 Private Ordinances St. Paul Lime & Cemenl Co L658 Private Ordinances — St. Paul Sash, Door & I.uinln L666 Private Ordinances— St. Paul Showcase Mfg Co L669 Private Ordinances- St. Paul Warehouse & Elevator Co. 1678 Private Ordinances— St. Paul White Lead & Oil Co L684 Private Ordinances State of Mi !SOta 1611 Private Ordinances Tabitha 1692 Private Ordinances Twin City Fence & Wire Works., Private Ordinances- Union Mfg Co L694 Private Ordinances U, S. Electric Lighting Co .... L706 Private Ordinances 'Valley [ron Works Private ( Ordinances E C. Warm • . . L749 Private Ordinances Waterous Engine Works Co 1753 Private Ordinances Ella Weinholzer * Private Ordinances Youghiogeny & I 1771 l'i i\ ate Premise - ■ i •, I :n<\ and w hi fleSi im< fl hi Provi City Rai ions of buildi ting with Prohibition Sild- v jtreet loop (City Rail vay) ... Sec. No. Produce — farm — peddling of ; 118 1 'riviloges in park — violation of 707 Privileges (of holders of reporters' badge) 879 Privies, sewers, etc 493-4-6-9 Privies, outhouses, etc 837 Public accounts — committee on 795 Publication fee (liquor license) 567 Public asylum — to be fire-proof 1915 Public auction — sales at 1025 Public baths 840 Public building — definition of 1793 Public dances 847 Public grounds (see, also, Charter) 996 Public Halls— aisles of 1956 Public Halls — elevation of main floor 1953 Public Halls — fire escapes and stairs -1955 Public Levees 606 Public Library 852 Public Places — wiring in 310 Public Playgrounds — appropriation for in charter amend- ment 200 Public Scales — see, also, "Weights," "Measures," "Coal," "Hay." 889-96 inc. Public Playgrounds — supervisor of 827 Public Works — Board of 1010-11 Public Works — Board of 742 Public Works — Board of 100 Public Works — Board of 1049 Public Works — Charter Amendment for additional funds 198 Public Works — Commissioner of, see "City Engineer." Q. Quality of building materials 1798-1808 Quality of milk offered 679 Quality of plumbing materials 2017 Quarantine — permit to leave 480 Quarries — city engineer and 214-218 Quarrying 1009 Quarrying— stone 859 Quoits 726 R. facing 1035 Rags, etc., in tenement houses (see Health Dept ) 376 Rags — not to be stored in tenement houses 189 Railings around floor lights 1906 1223 Sec. No. Rails — "T," on University avenue (City Railway) -"-' s ' Rain water leaders 1888 Randolph and Oneida street tracks — spurs 1606 Randolph street — original car line ordinance 2228 Randolph street line — compromise (City Railway) 2417 Range hearths 1S64 Ranges and stoves L869A Rankin's formula — to compute stresses L813 Rapid Transit Telegraph Company 2763-1772 Rate of speed on bridges 83 Rate of speed — City Railway L054 Rate of speed — vehicles 700 Railroads 865-874 inc. Railroads — Chicago, Burlington & Northern poles and wires .- ■* ~ j Railroads — Chicago Great Western Ry. tracks Chicago avenue 24?,S -.'111 -2 I 14-2447 Railroads — Chicago Great Western Ry. spur track 2425 Railroads — Chicago Great Western — poles, wires, streets, alleys 2435 Railroads — Chicago, Milwaukee & St. Paul Ry. — Chest- nut street track 2450 2494 Railroads — Chicago, Milwaukee & St. Paul — Mcrriam Park side tracks 2455 Railroads — Chicago, Milwaukee & St. Paul, levee spur track 2487 Railroads — Chicago Great Western — use of levee 2429 Railroads — Minn., St. Croix & Wisconsin Ry. Co. — use of streets Railroads — Minnesota Transfer Company — Cleveland avenue side track Railroads — Minnesota Transfer Railway Co. — Myrtle nue spur '.'I i'm -77 Railroads — Minnesota Transfer Railway Co Wabash nue Bpur Railroads— Minnesota Valley Railroad Com pan j Railro rthern Pacific Rail-.-. 1694 Railroads St. Paul Union Depol C< 3745 Railroads -St. Paul Union Depol Co. levee Railroads St. Paul Union Depol Railroads Railroad ticket brokei Railro.nl- Use of Sixth ward levee Minnesota & Northwestern R R. Co 18 inc Railroads— Wesi Sid olution for vacation... J418 Railroads Wisconsin Central R R. Co., Third itreet — single track 2746 I'.i 12"? I Sec. No. Railroads Railway spur track — Cent Warehousing Co. 1231 Railroads — Street, see, also, City Ry. Ordinances 1054-1062 inc. Railway Tracks — Construction and maintenance in irtli and Fifth wards — Fifth Ward Transfer Co.2535 to 2584 inc. Railway Tracks — Gt. Northern Ry. Co. — Rosabel street 2602 Railway Tracks — Maintenance of (Railroads) Chicago Great Western 2438 Railway Tracks — Maintenance of Chicago Great West- ern Ry. Co 3441-4-7 Railway Tracks — St. Paul Warehouse & Elevator Co. . . . 1678 Rearrangement of tracks— St. Paul Union Depot Co. (Railroads) . 2741 Receptacle for garbage 515 Receptacles for night soil 904-5 Receptacles for transporting garbage (see, also, "Health Dept.") 377 Record of Chief of Police 794 Record of elevator accidents 1940 Record of elevator inspection 1951 Red lights 253 Redemption of animals and poultry impounded 179-183 Refilling trenches 924 Refrigerators and safe waste pipes 2024-25 Refrigerator and safe w-aste pipes — Quality of fittings... 2017 Register for hot air in floor 1867 Register of permit (slaughter houses, etc.) 978 Register — of prison keeper 808 Regulation and placing of wires (telephone, etc.) by electrical inspector 331 Regulations — for bill boards 78 Regulations concerning death from contagious disease. . 469 Regulations of water board — to control fittings 2028 Release — of animals impounded 178 Removal of buildings 727 Remedy — for failure to remove subway or conduit 200 Remedy for neglect to remove wires 289-290 Remedy — for non-support of destitute 258 Removal of snow between car tracks (City Railway)... 2384 Removal of subways or conduits 300 Removal — time of taking down poles and wires 293 Removal of trees 1075-77 Removal of warehouse— Diamond Jo Line 1296 Removing (garbage, etc ) 903 Rendering 510 Rents — due city 875 1 •.'-.' :. Sec. X Repaying 998-1005 Reporters' badges 876 Report of contractors collecting garbage semi-annually bound (see, also, "Health Dept.") 379 Report of physician to health department 467 Resolution— Burlington, Cedar Rapids, Northern Ry. Co. of Iowa (West side streets) 2419 Resolution — Northern Pacific R. R. Co. — Use of lower town streets 2709 Resolution — West St. Paul streets — Chicago, St Paul, Mpls. & Omaha Ry. Go 2529 Resorts— evil 259 Restaurant 590 Restriction — on sale of carbolic acid 134 Restriction — on sale of firearms and fireworks 346 Revocation of permit 1781 Rhodes, Wm. & Geo. H. Renny, manufactory L556 R R k R R R ce & Irvine's Add. — Lots 1-2-3, block 5 9 ce & Irvine's Add. — barn, and ice house 1534 Irvine's Add. — frame build'ng 1605,1610 ce & Irvine's Add. — frame shed 1608 ce & Irvine's Add. — ice house I 533 ce St. and University Ave. — Issue transfers (City Rail way) Rice & Irvine's Add. — Lots — use of L218 Richardson, J. C, frame building i :■:..-, Rights for Hazel avenue trestle bridge Stillwater Line Minneapolis & St. Paul Suburban Ry Co Rink- — Roller skating 614 Rink- -Roller Skating 884-5 Riot 686 Rioting 260 ice in 53] Rivet and boll holes 1934 Riveting structural' iron and 1 1931 tensile strength of Roadways in parks ;u,, Roberl -tree: tunnel i 190 Robert Btreel tunnel (Bowlby) 1 1 ■ • i Robert stn alvanized iron kitchen L229 ■ -treet double track (City Railway) Roberl and Fourth porch Roller skating rinks 1,1 Rondo Line City Railway Compromise Rondo lin< >n I City Railvt .■■ 1226 Sec. No. St. Police Station 811 Rondo line — on Sibley street loop (City Railway) 2320 Roof of areas 1854 Roof in fire limits — how repaired 1848 Roof flashings 2017 Roof and floor beams of wood, bevel ends 1858 Roof sheets — galvanized 2017 Roof garden 1966 Roofs — trussed — thickness of walls 1832 Roof — weight of 1820 Rosabel street tracks, Gt. Northern Ry. Co 2602 Roulette tables — prohibition of . . . r 354 Rubbish 924 Rules — for bill boards 78 Rules and requirements for installation of wiring, etc... . 336 Runaway horse 1043 S. Safe and refrigerator waste pipes 2024 Safety — factors of 1811 Salary — Board of Abatement 1 Sale — of carbolic acid 134 Sale of firearms and fireworks — restricted 346 Sale of fruits, vegetables, farm produce, in R. R. Co. cars or depot 352 Sale of hides 532 Sale of licensed vehicle'. 405 Sale of liquor to minor — prohibited 586 Sales at public auction 1025 Salesroom in basement — stairs 1902 Salt — on bridges 86-87 Salt — Prohibited on sidewalks 944 Salt — sand — gravel — removal of — lime 1058-60-62 Salt, sand, ice, on tracks over bridges (City Railway).. 2296 Salted sand — on sidewalks ■ 944 Salvage corps 886-8 Salvage corps not to be hindered 887 Sample patent medicine 670 Sand for building : 1799 Sand for cement mortar 1801 Sand for concrete 1803 Sand for lime mortar 1800 Sand, salt, gravel, removal of, lime 1058-60-62 Sand — screening of on streets 6 Sand, salt, ice. on tracks over bridges (City Railway) . . 2296 Sand — thrown back on bridges 86-7 . 1227 Sec. No, Scales — see '"Coal" and "Hay" 2:21 Scales, Public 889-896 inc. Scandinavian American Bank steam boilers L599 Scavenger 516-517 Scavengers (night soil) (see, also, "Health Dept.") 897-911 inc. Scenery painting for stage L979 Scheffer & White frame building i 605 Schmidt Brewing Co. spur track 1 606 School building floor loads L020 School building — two stairs for two floors 190 i School janitors — may be policemen 913 Thos. B. Scott— conduit 1 609 Screening of sand — on streets 6 Screw caps of brass 20 1 7 Scribner-Libbey Co. frame shed 1608 Scuttles I'm; ler of weights and measures L096A Sealing of weights and measures L096 \ Sergeant-at-arms of Common Council — Salary, etc 914 Seats in theaters — distance between 1987 Second-class buildings 1785 Second-hand dealers ; i : Second and Jackson streets — building L658 nd street land — vacation of i 36 1 Seizure ■ >f gambling tables and fixture.- Selby avenue line cable to electric (City Railway) 2316 Selby avenue tunnel (City Railway)— Compromise 2403 Selby avenue cable line extension to Merriain Park Selby avenue — Cable line extension 2222 Selby cable — City Railway 2219 Selling at retail -defined (butchers) HO Seven Corners stopping of Selby cars (City Railwaj I. Seventh streel lines connected (City Railway) Seventh street tunnel i:,i;; Seventh street cable line change from cable to i line (City Railway) 717 tC City Railway and in truction Sewer- and ditches rfl and drain- 91S to I" inc Sewer h iuse inspection inn Sewer pipes 1228 Sec. No. Sewer — separate and independent connections 2018 Sewer and street force, payment of 1049 Sextons — duties of 482 Shade trees 725 Shade trees 1074 Shaft and door protection for passenger elevator 1948 Shafts and hoistways for freight elevators 1945 Shear— table of 1817 Sheath piled excavation 1824 Sheep — how released from pound 178 Sheep — pound limits 145-176 Sheep — not to be penned 530 Sheep — selling and conferring ' 655 Sheep — on streets : 141-42 Shields Sorghum Co. frame structure 1610 Shield — Worn by Police 802 Shoes or plates of columns 1921 Shooting arrows 1018 Shooting galleries 975-6 Shooting galleries — general provision 1056 Show— theaters, etc 1065-4 Show windows 1880 Shrubbery — not to be removed 103 Sibley street loop authorized (City Railway) 2319 Sibley street loop — lines to run on (City Railway) 2320 Sibley street loop — prohibition on Third street 2362 Side track — Cleveland avenue — Minn. Transfer Co 2664-68 Side track — Merriam Park — Chicago, Milwaukee & St. Paul Railway 2455 Sidewalks, general provisions 728-924-944 to 974 Sidewalks — not to support awnings on 1885 Sidewalks, glass upon 55 Si rle walks' — penalty for obstructing 8 Sidewalks over areas— load on 1820 Sidewalks — streets — alleys, etc See, also, City Charter. 996 Signals — Danger 251-6 Signals and lamps 252 Signs on bridges 70 Signs on bicycle paths 65 of danger — on dangerous buildings 1849 Signs "Keep ofr the grass" 705 Sign boards near Como Park 2 Signs not to project over sidewalk — beyond lot line.... 1880 Signs on own premises 76 Signs — in parks 720 1229 Sec. No. Signs — Pawnbrokers Signs — of a person's business 76 Signs, posting of 72 Signs — on posts and poles 71-4-5 Signs — on posts and poles and posted by commissioner of health 71 Signs — procuring distribution of . . 72 Signs of wood, to be not more than two feet wide 1883 Single track, Third street, Wisconsin Cent. R. R. Co :.' 746-49 Sinks — of tenement and lodging houses 202G Sixth street, tunnel under 1366 Sixth ward — car facilities, extension of Sixth ward levee 1383-1621-1652-1669-1684-1701-1719-1728-1753 Sixth ward levee — buildings on 1 138 Sixth ward levee — manufacturing plant 1427 Sixth ward levee— Minn. & Northwestern R. R Co 2624-2658 inc. Sixth street — tracks prohibited on 2225 Sixth ward — use of levee 1219 Skating rinks and roller rinks 884." 6] I Skeleton iron and steel const, to be incased L920 Skeleton steel or in in const. f> ir linings 1836 Skew backs — channels, etc £929 Skew backs — form — section and depth of 1918 Skimmed milk 680 Skylights of metal Skylights for photographers 1908 Skylights to be protected L905 Slaughter houses Slaughtering animals 508 Slaughtering animals for Food 510 L090 r.'i Sliding and coursing 1019 Smoke dense Smoke line- of metal L861 Smoke flues in masonry walla Smoke houses to b< >1 construction I ion distant <• from \\ i >odwork 1 850 Smoki isolated 1862 Sim ike -lark- of, steel or wri n 1868 Smoking on bridges prohibited BO Smoking prohibited at the n Snelling \.ve lin< City Rwy Compromise Snow >in City Rwy tracks (provided for in various ordi- nance- uhieh gee under ! tree! nam* 1230 Sec. No. Snow on sidewalks 1029 ; i b. »iler. 500-1-2 p manufacturers 977 pipes, definition of 2016 hie of diameters 2022 Soil and waste pipes of brass 2017 Soil, waste and vent pipes 2022 Special laws of Minnesota mentioned 855 Special police to be pound masters 186 Special policemen — market master 635 Special pound masters 271 Speed of automobiles 30 Speed of bicycles 51 Speed, rate of for vehicles 700 Speed of cars 865 Speed of — city railway cars 1054 Spires in fire limits 1886 Spirit gas 778 Spittmg and throwing vegetable matter on cars 986,995 Splicing of columns 1921 Splicing of girders 1925 Sports — in public parks 714 Spur tracks— Abbott Mfg. Co 1098 Spur tracks — Chicago Gt. Western Ry. Co., 6th ward. . . . 2425 Spur tracks — Chicago, St. P., Mpls. & Omaha Rwy. Co. Hyde St 2519 Spur tracks — Chicago, Milwaukee & St. Paul Rwy. Co., levee " 2487 Spur tracks — McCormick Harvesting Machine Co 1471 Spur tracks — Minn. Transfer Rwy. Co. Myrtle Ave 2671-77 Spur tracks — Xels J. Ness 154S Spur tracks — Northern Linseed Oil Co 1550 Spur tracks — Minn. Transfer Rwy. Co.. Prior Ave 2680 Spur tracks — Schmidt Brewing Co 1G06 Spur tracks — St. Paul Sash Door and Lumber Co 1666 Spur tracks — Minn. Transfer Rwy. Co.. Wabash Ave. . . . 2669-2G74 Spur tracks — G. C. Warner 1749 St. Anthony Ave. — removal of poles 2894 St. Anthony Park car line (City Rwy ) 2295 St. Croix Lumber Co., levee 1621 St. Lo-.n's, St. PauL & Mpls. Packet Co., forfeiture of rights (see. also, Diamond Jo Line) 1296 St. Louis & St. Paul Packet Co. (see, also, Keokuk Northern Line Packet Co.) 1303-4 St. Peter St. tracks, prohibited on 2225 1231 Sec. No. St. Paul bridge 90 St. Paul fire insurance underwriters 886-8 St. Paul City Rwy. Co , see (City Railway). St. Paul District Telegr. Co. franchise ,St. Paul Electric Mfg. & Const. Co. poles and wires L633 St. Paul Gas Light Co.— general ordinances 996-1001-2-3-4-3-6-8 St. Paul Gas Light Co. Gas supply 1561-1598 -St. Paul Gas Light Co. poles and wires 1(141 St. Paul Hoop Mfg. Co. levee rights L652 St. Paul Lime & Cement Co. building 1658 St. Paul & Milwk. Ry. Co. (St. Paul Union Depot Co I.. 2723 St. Paul & Mpls. & Mess. & Telph. Co St. Paul, Mpls. & Manitoba Rwy. Co. application for pound masters 186 St P.. Mpls. & Manitoba Rwy. Co. Compromise (Gt. Nor. R. R. Co.) St. Paul. Mpls. & Manitoba R. R. Co., Rosabel St. tracks 2602 St. P. & No. Pac. R. R. Co. Track construction 2585 St. Paul Police Dept. — reporter's badges S77 St. Paul Roofing and Cornice Co. — transfer of rights.... 1659 St. Paul Sash, Door and Lumber Co. — spur track 1666 ml Show Case Mfg. Co.. levee rights 1669 St. Paul & Sioux City R. R. Co. — .streets and levee use of 2613 St. Paul & Sioux City Rwy. Co.— Depot tracks St .Paul Terminal Transfer Co. tracks on streets and alleys St, Paul Union Depot Co. — maintain depol tracks St. Paul Union Depol Co.- -vacation of levee: •use and Kl< \ atoi Co track St. Paul White Lead and ( »il Co. levee 1684 St. Paul Workhouse Stable-, carrying capacity of columns and floor load Stables liv< ry L891 L890 d fi io1 lights appi >mm of Pub lie Works 2010 :i of floor ■ to be bnilt i minor Stair- and area •of build i ioi6 number r< gulated by lol 1900 in public building 1054 1232 \ in buildings over two stories high Stairways — open — prohibited in street sidewalks Stairways to basement of mfg. of sales bldg Stairways in lieu of fire escapes Stairways of theaters Stamps — trading Stalls — see butcher shops Stalls — Lease and assignment of Stand pipes to roof of 5-story building Stand pipes for theater or fire protection Stamps — may be temporary State law — violation of weights and measures State of Minnesota — tunnel Station — Central Police -. Station and dynamo rooms — rules and regulations Statute and common law nuisances Steamboats — boats and other craft Steam boilers — Scandinavian Amer. Bank Steam boilers of theaters — where and how placed Steam and gas pipes — stop cock near curve, except in dwellings Steam and hot water heating pipes Steam pipes, Armour & Co Steam pipe — Greenleaf Clark Steam pipes — C. E. Dickerman Steam pipe — W. & H. Endicott Steam pipe— Tabitha Society Steaming and boling Steamship ticket sellers (see also R. R. Co. Ticket Agts.) Steel — Cast — what to contain Steel foundations Steel and iron construction — to be incased Steel — qual'ty of Steel work — framing and connecting Steps Steps, not permitted in street sidewalks Stewart, W. D. and Jno. F. Pierce — building Stiffeners Stillwater Line, rights for Hazel Ave. trestle, Mpls. & St. Paul Suburban Ry. Co Stirrup iron Stone arches or door and window openings Stone ashlar Stone laps ; Stone chimneys, linings Sec. No. 1903 1856 1902 1910 1995 1068 107 643 1914 2002 1874 1096A 1617 809 2037-2053 537 607 1599 2000 1871 1869 1178 1234 1305 1334 1692 980 6.14 1807 1822 1920 1806 1930 720 1S86 1658 1926 2358 1858 1840 1830 1828 1859 1233 Sec. No. Stone — coursed and dressed for walls 1828 Stone crusher 859-862 Stones — kind used for building 1798 Stone — piled on streets 6 Stone quarrying 859 Stop cock in stream for gas pipes near curve L871 Stopping of cars Union Depot Route, Sibley Street, City Railway 239 1 Stopping of Selby cars — Seven Corners 2390 Stops to elevator cables — to be automatic L942 Storage buildings — size of footings under foundations... 1832 Storage of hides 532 Storage for rags or combustible articles 189 Store buildings — floor loads 1820 Store building — used for — not private dwelling 1786 Store — may be in first story of apartment house 47S7 Store, number of stairs in 1900 Stories— height of. 1833 Storms — buildings damaged by — to be removed 8 Story — walls full thickness to top of beams above each. . L828 Stoves and ranges — certificate — protection L869 Street Car Co. (see City Rwy.) Street car — spitting in 99 I Street cars — see, also, Misdemeanors 1047 Street force 1050 Street inspectors 1049-937-798 L02fl Street lawns — care of I'M Streets— opening of 296 Street Rwy. (See City Rwy.) Street Railways (see, also, City Rwy. Ordinances) L0S4-62 inc Street and sewer force— payment of L049 ee also Boulevards) 101 Streets, alleys, etc. (See also City Charter) 996 Streets and alleys, etc. Gas supply L661 L698 Street-, aflleys, etc . poleg an. I wires KM l-17()i. St !•<■'■ t -, alleys, i tC. poll - and u ire- L894 1 588 ts and alleys n-c of Omaha Rwy :.'•">! i Streets and alley- use of St, Paul Terminal & Trans- fer Co Streets and alleys— use of — fo C G W, K'y. 243S ts, bicycles, upon what I a — Cattle, swine and sheep upon 141-2 Street - Commit tie on Streets — Drunk on 1234 Sec. No. Streets — Excavations in 4 Streets —Franchises for use of, time of 308 Streets -Glass upon 55 Streets — Gongs not to be .rung on for advertising 24 Streets — In pound limits 145 to 176 Streets— X. W. Telph. Exchange Rights 309 Streets — Obstructing, penalty for 8 Streets — Permission to string wires City Rwy 2347 Streets — Poles and wires 152S, 289 Streets — Poles and Wires — Brooks Bros L192 Streets — Rights of Edison Elect. Light and Power Co.. 309 Street sewers, etc., charter amendment for increased funds 198 Streets — Cattle to keep on right side of 96 Streets — use of — for elect, poles and wires 1320 Streets— use of Am. Dist. St. Co ' 1108-1126 inc. Streets — use of — lumber yard 14:>6 Streets— use of— Minn., St. Croix & Wise. R. R. Co 2659 Streets— use of— Northern Pac. R. R 2694 Streets — General use of for poles and wires 1342, 1366 Streets — use of for telgr. poles 1312 Strainers or bars over fixture outlets 2023 Stress of steel and iron floor beams 1929 Stress of steel and iron trusses 1933 stress — unit of 1811 Stresses oi columns computed by Rankin's formula 1812 Stresses increased 50 per cent for wind bracing 1819 Stresses — working table of 1814,18 Stretchers and headers in brick walls 1834 Structural steel and iron bolting 1932 Structural iron frame and connecting 1930 Structural iron and •steel work — riveting 1931 Structural metal work — painting 1937 Structures — application for permit 1780 Structure — how built 1 778 Structures — temporary • 1874 Stryker Ave. car facilities, City Rwy 2371 Stryker Ave. line. City Railway 2299 Subways 287-309 Subways and conduits — manner of constructing 294 Subway? — National Subway Co l 536 Subways — removal of 300 Sunday — barber shops to be closed 38 Sunday — selling on prohibited 650 Supt. of fire alarm, rights over wires 289 1835 Sec. No. Supt. of fire insurance patrol 886 Supt of Park Board 713-17-27-29 Supt. of Police Patrol Telgr 819-820 Supt. .sewers. 93 l Supervisor of Public Playgrounds B21 Support of destitute, remedy Supports — strength of tempi >rary I B23 Swindling, faking and grafting :;:.' I Swine — how released from pound 178 Swine, not to be penned 530 Swine on streets 141-42 Swine — pound limits 143 to 170 Syphonage of traips prevented by vent pipes 2022 \ T. Tabitha Society— steam pipe rights L692 Table of diameters of wa - 2022 Table of distance from rivet hole to material- edge r.t:;i Table of quality of lead pipe 201 '. Table < if size and length of gas piping 2030 i if thickness of walls 183] Table of weights i if cast in in plumbing pipes 201 1 Table of working stresses of materials ftl4 1818 Tables — pigeon holes in ;m - -on bicycle paths 55 Tag — application and fee— for bicycles 62 I i to keep' record of bicycle tags 63 I 61 ! . Tallow chandlers ■ Tanner- : Tanm rs i if hide I musl be fastened i ir held !<>»:.• — to pass t' i the righl . 1045 alarm aph franchise I i aph " aph instruments 1 i aph patrolmen ; i ; i i ■ tph Poll in> Steam Hi raph pol I i me and h franchise - \m Ti 1 and Tel 1236 Sec. No. Telephone and telegraph franchises — Am. Union Tel. Co 2788 Telephone and telegraph franchises — Bait. & Ohio Telg. Co 2793 Telephone and telegraph franchises — Chic. & N. W. Rwy. 2798 Telephone and telegraph, Soo Line 2826 Telephone and telegraph franchises — Minn. Cent. Teleg. Co 2803 Telephone and telegraph franchises — Miss. Valley Tel. Co 2883-2889-2828 Telephone and Telegraph Franchises — Mut. Union Tel. Co 2817 Telephone and Telegraph Franchises — North Am. Tel. Co 2821 Telephone and telegraph franchises— N. W. Tel. Ex. Co. 2848 Telephone and telegraph franchises — Rapid Transit Telg. Co 2763 Telephone and telegraph franchises — St. P. Dist. Telg. Co 2759 Telephone and telegraph franchises — St. P. and Mpls. Mess, and Tel. Company 2756 Telephonic instruments 783 Telephorle poles — advertising on 71-74 Telephone wires 287-309 Tenant — take out permit for excavations 4 Tenement and lodging house sinks 2026 Tenement houses — fire escapes on 1910 Tenement house — fireproof if over five -stories high 1852 Tenement house — floor loads 1820 Tenement houses— garbage, night soil, etc., see also health department. 376 Tenement houses — general provisions 515 Tenement houses— over two stories high — two stairs.. .. 1853-1903 Tenements — animals not to be kept in 189 Tenement houses — thickness of walls 1832 Tension — members resisting stress of riveting 1934 Tension — direct — table of 1816 Terra Cotta arches 1840 Territorial road — railway spur track 1231 Testing meters 604 Tests of arches 1918 Tests of cement records 1801 Tests of new structural materials 1812 Theater and Auditorium aisles 1989 Theaters — building prohibited for certain uses 1968 mi Sec. No. Theater ceilings — to be fireproof 1982 Theater corridors — how to be constructed 1962 Theater courts — construction — width 1961 Theater dressing rooms — exits — etc 1986 Theater dressing rooms — in fly galleries 1985 Theater dressing rooms partitions 1984 Theater curtains — fire proof 1973 Theater exits — number and size 1 99 1 Theater fire escapes 1964 Theater fire hose 2003 Theater fly galleries L977 Theater foot lights and stage lights 2010 Theater foyer capacity Theater gallery fronts 1981 Theater gallery seat platforms 1988 Theater gas mains 2007 Theater heating pipes — location of radiators, etc 2001 Theater interior walls 1969 Theater license 1958 Theater — light and fire apparatus 2011 Theater lighting — separate cut off in lobbies 2006 Theater main entrance — height I 960 Theater 'main floor and first gallery — exits combined... 1993 Theaters — gas lighting methods — how approved 2008 Theaters — not to be opened until approved of L958 Theaters on corner lots — use of other parts of bldg L96S Theaters, opera houses, etc., how to be built 1956 Theater partitions and flooring L983 ', (,, stairways — width L994 Theater portable fire extinguishers, axes and hooks.... 2004 Theaters — passageways and aisles — free of obstructions L959 Theater proscenium wall doors 1974 Theaters proscenium wall girder and arch L921 Theater rigging loft \\<: : Tli cater roofs and galleries L980 Theater -team boilers 'how and where placed Theater seati distance between r.is: Theaters fcc 1064 :. 8 Theati on 200 1 Theaft Theati ry painting [979 Theatei kylight Theater Stage hands stairways for re.,, Theater- stair hand rails 1 Theater stair landings [ggg L238 Sec. No. Theater stairs enclosed in fireproof — exceptions L970 Theater stair doors — landings, etc 1970 Theater stairways — open 1997 Theater stairways — size and construction 1995 Theater stand pipes 2002 Theater to be fireproof 1915 Theaters — thickness of walls 1832 Theaters — to have front on street 1960 Theaters — wiring in 310 Thieves — consorting with 693 Timber — in stone or brick walls — prohibited — exceptions 1839 Time of street franchises 308 Thimble of sheet metal — how made and used 1861 Third class buildings 1785 Third street — car tracks on 2319 Third street — elevated platform on 1412 Third street — platform permit 1374 Third street — Wisconsin Central track on 2746-2749 Third street tunnel 1406 Thirteenth street — city railway — double track 2209 Thistles, Canada, not permitted 131 Thorns — on bicycle paths 55 Throwing stones 1018 Ticket brokers — 'railroad 592 Tie rods 1840 Tile sidewalks 941 Timber — not to rest on chimneys 1859 Timbers on pile foundations 1826 Timbers — quality of 1 "04 Time — extension of for city railway Ord. "1227" 2291 Time — how computed 1782 Time — to remove poles and wires 293 Title of ordinances 1777 Ton — means "2000 lbs." 1809 Ton — official weight of 219 Towers in fire limits 1886 Track — Chestnut street construction of St. Paul road... 2450-2494 Track — maintenance of — Union Depot Company 2723 Tracks — on bridge — ice, salt and city railway 2296 Tracks — prohibited on Sixth street or St. Peter Street.. 2225 Tracks on Sibley street — street cars 2319 Tracks on Third street, street cars 2319 Tracks on Wacouta street — street cars 2319 Trading stamps 106S "T" rails — On University avenue — street cars 2284 1239 Sec. No. Transfer of licenses 570 Transfer of hackmen's and draymen's licenses 402 Transfers — on car lines (sec under names of various line i raps and . >verflow of closets 2026 Trap cleanouts 2023 Trap doors — automatic — for elevators L9 I l Traps of earthenware 2023 — for bathtubs and grease 2023 Traps — how set and how supported 2023 Traps of lead 20] 7 Trap- of leader- 2019 Trap i tverflow pipes — -how connected 2023 Traps protected from syphonage by vent pipes 202 i \ Traps — size of 2023 Treasury — city L046 Treasurer — Board of park commissioners 7 1() Treasurer's receipt — permit to sell gunpowder 393 Trees 1 074-1080 climbing of 698 Trenches — permits for 718 Trenches — refilling 92 I Trespassing *■'.*■: Trimmer and header beams of wood — how to be hung.. - 1858 Trimmer arches of hearths fireplaces and grates L864 Trimmer arches over door and window openings 1840 Trimmings of wood in fireproof buildings 1911 Tri-State Telephone and I iph Company. Sec also Mississippi Valley Telephone Company and Twin T( li ph< me Company. Trusses resting on bearing walls L828 Trusses of steel and iron connected l>y pins L934 Truss< teel and iron Stress of 1933 Trying of weights and measures i \A Tuberculin 541 Tuberculosis 1081 L086 Tubin tables of size and length Tubing of copper— kind and gauge 2011 Tunnel- -Bowlby & Co L191 Tunnel Cabol and Cushing 1210 Tunnel construction of Third St., G -V Rj Tunnel Ella Weinholzer 1762 Tunnel Thomas Fitzpatrick and I C Prendei Tunml Greal Northern Railway Company L406 Tunnel \\ B I fastings 1415 1240 Sec. No. Tunnel— Manhattan Co 1499 Tunnel— Frank A. Maron 1513-1527 Tunnel— State of Minnesota 1617 "Twelve Twenty Seven" — city railway ordinance 2298-2295-2294 Twin City Fence and Wire Works — factory addition.-... 1693 Twin City Rapid Transit Company — See "City Railway." Twin City Telephone Company — discharge of bond 2890 Twin City Telephone Company — See also Tri-State Tele- phone and Telegraph Company and Mississippi Val- ley Telephone Company. U. Underground conduits 287-309 Underground conduits — general provision 787-791 Underground conduits — wires and poles, city railway.... 2293 Underground wires 291-293 Undertaker — duties — must register 481-487 Underweight articles — seizure of 638 Underwriters, board of fire insurance 886-8 Union Depot — loop line, change of car route 2392 Union depot loop car line — change of car stoppages 2391 Union Manufacturing Company, poles and wires 1694 United States Electric Lighting Co. poles and wires 1706 United States Fidelity and Guaranty Co., T. C. T. Co. Bond 2890 Unit of stresses ". 1811 University Avenue, T rails on by City Ry. Co 2284* Unripe Cranberries 665 Unruly animals 654 Unsafe and dangerous electrical machinery 2035 Unsound animal matter v 509 Unwholesome meat — not to be brought into city 522-526 Urinal apartments — ventilation of 2026 Urinals — materials for construction of 2026 Use of levee— C. G. W. Rwy. Co 2429 Use of levee and streets, Minn. Valley Ry. Co 2683 Use of lower town streets, Northern Pacific Ry 2709 Use of 6th ward levee — Minn, and Northwestern Ry ... .2624-2658 inc. Use of streets— Minn., St. Croix & Wis. Ry. Co 2659 Use of streets and alleys, C. St. P. M. & O. Ry. Co 2511 Use of streets and levee— Ch., M. & St. P. Ry. Co 2613 Use of streets and levee — Northern Pacific Ry. Co 2694 Use of streets and levee— St. Paul & Sioux City Ry. Co. 2613 1241 Sec. No. Vacations 804 Vacation of levee — Union Depot Co 2732 Vacation of West Side streets — for railways 2419 Vaccination 488 Vagrancy 619 Vagrants 1086-1088 Valley Iron Works, levee lease 1709 Valves for back pressure on house drains 2021 Vandalia Street — spur track 1471 Van Driver — police 810 Van — workhouse — See "Police." Variable loads for building 1820 Vaults and cesspools 493 Vaults — manurage 513 Vegetables — fruits, farm produce in R. R. cars or depot — sale of — license for 352 Vegetables — in cars or in depot — sale of 121 Vegetables — inspection of 521 Vegetable matter 514 Vegetable matter— throwing of 986-987-9«>o 99 i Vegetables — un whole-some 647 Vehicles — on bridges 83 Vehicles (sleigh bells) L090 Veneered buildings (what are) 1795 Vent flues — shall not inclose sheet metal smoke stacks.. 1895 Ventilation of buildings 2012 Ventilation of theater dressing rooms L986 Vent Pipes — branch connections and size 2022A Vent Pipe — definition of 2018 Vent Pipes — fitting of 2017 Vent Pipe — materials Vent Pipe size and where constructed 2018 Vicious dogs Violating state law -weights and measures L096A Volts — number of in extra high potent n number of in high pot( n 1073 Volts number of in low potential Vulcan Boiler Works — levee franchise W. Wabash Avenue — spur track— Minn. Transfer Ry. Co... Wabasha street steam pipe tunnel under Wacouta street — city railway track on Wacouta street— tunnel under in:. 1-M-J Sec. No. IIS 407 us. etc. — repairing— not to stand in way 1017 ns — for advertising purposes 24 Wagons — lunch 622 Walls — area 4 Walls — bearing and basement of brick 1832 Walls — bearing — what is taken to mean 1848 Walls — binding of — headers and stretchers 1834 Walls — of churches and public buildings — thickness of.. 1832 Walls — thickness in second class and tenement bldgs.... 1832 Walls — existing — joists anchored 1837 Walls — faced with stone — thickness if bonded 1829 Walls— for warehouses 1832 Walls — height of — how measured 1783 Walls — hollow brick or tile inside — not part of thickness. 1842 Walls — hollow — to be properly tried 1841 Walls — how built 1778 Walls — party — existing 1835 Walls — protected from ground dampness 1838 Walls and piers — how bonded — materials 1828 Walls — independent of party to enclose on all sides 1827 Walls — increase of thickness for increase in height 1833 Walls — existing lining — for increasing height 1836 W'alls — nonbearing — thickness 1832 Walls — of each story full thickness to to,p of beams above 1828 Walls — of stone or brick — timber prohibited except 1839 Walls of private residences — table of thicknesses 1831 Walls of area — materials for 1854 Walls of buildings — materials for 1827 Walls — of brick — not less than foot thick 1832 Walls — ^specified thickness to apply to what kinds 1832 Walls — same material in piers and. buttresses 1828 » ► alls — strength of temporary supports for 1823 Walls— thickness where trussed roofs are used 1832 u alls — to be increased in thickness — when 1832 Walls — to be anchored to joists 1837 Walks — cement ' 941 Wards 312 Warehouses — floor loads 1820 Warehouses — number of can be Weinholzer, Ella Tunnel rights l762 Wells Wellli vator in in case of fire 1950 and East Seventh 1 P. M. & O Rwy Co i on ■ ii in for railroads resi ilution .... 2419 W( St. Paul Omaha Road -pur tracks 12U Sec. No. Western Union Telegraph Co. — Acceptance of Ordinance "1675" 1770 Whistle — blowing of prohibited 865 Whitney and Smith's Addition — frame sheds in 1554 Who may collect garbage 383 Wild Game 663 Width of buildings 1784 Windows— area of, etc 1030-1032 Windows — bay not to project over sidewalk over lot line 1880-83 Window frames of wood in fireproof building ■ 1917 Window openings — to have arches or lintels 1840 Windows — show — not to project over sidewalk beyond lot line 1880-3 Wind pressure— calculations for 1819 Wine rooms — prohibition of 589 Wires — See also "Poles." Wire — barb — fences — see also building code 328 Wires (See also building code and city charter pro- visions). Wires — distribution of 297 Wires — See "electric," "telegraph — electric light and tele- phone." Wires— electric light company lines 605 Wires— electric 287-309 Wire fences 69 Wire netting — over cupolas 1863 Wire netting in top of smoke stack — when 1862 Wire netting on skylight over stage 1975 Wires — underground system — limits 289 Wires and poles (See also under name of companies owning them). Wires and poles 783-793 Wires — poles and conduits — underground — city railway. . 2293 Wires and poles — in alleyways 294 Wires and poles — time to remove 293 Wires — removal of overhead — St. Anthony avenue 2894 Wires — stringing of on certain streets 786 Wires — telegraph — telephone — electric light 287-309 Wires — underground 291-292 Wiring — see also under building code. Wiring — in churches, theaters, public halls, etc 310 Wisconsin Central Railway Company — Third street single track rights 2746 Wood paving on streets 1004 Woodyards 1095-620 1245 Sec. No. Wooden sidewalks 972-974-963-966-968-970-949-951-953-956-959-961 Wooden sidewalks — prohibited where 1013 Woodwork in fireproof buildings 1917 Woodwork — length of gas brackets from 1072 Woodwork — protected from steam and hot water pipes. . 1069 Woodwork — not within two feet of cupola Woodwork — distance from bake ovens 1879 Works— See "Board of Public Works." Works — board of public 100 Work — certain kinds not to be done without permit 1779 Workhouse directors — board of 813-4 Workhouse fund 814 Workhouse— St. Paul ^ 642-810 Workhouse van 813 Workmen — not to proceed when permit revoked 1781 Workshops — prohibited in theater buildings 1968 Wrought Iron — quality of 1805 Wycliff Street — spur track on 1550 Y. Yards — lumber or wood 620 Yards — wood only 1095 Youghiogheny and Lehigh Coal and Iron Co. — board fence 1771 Ml !_<_>=> «NV3tLtS THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below Form L-:> 20m -12, '39(3386) )06 etc - Corn^iled^ finances. JS 1411 A9A3 1906 L 007 035 598 7