The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-02-17

All these became and are continued the pro,
/ perry OF The State. IL cannot be said that the
! Regents Of The University Of Minnesota Is a
BODY corporate have any title 10 this property
ny The act forming the corporation posrer "a
hold property - girsB. Ii is q significant fact
that In the enumeration Of corporate powers,
the right TO hold property 10 LEYr OFT.
/ As body corporate the Regents have oaly
the right OF suing and being sued, OF ting
and being contracted with, Of making and Us.
ing Common Seal and altering the same Of
pleasure"
II will not do to say that the right 10 hold
property il TO be inferred from the liability OF
the Regents 10 be sued. A corpor alton chsrg.
ed with the duties chiefly executive which are
dsvolved upon them IIssy.in many ways Be sub.
jet to action At Law, or in Equity, when cor.
porate property to satisfy an execution Ia no
part Of She end sought for or 10 DO attained.
besides the claim on the part Of the corpora.
ton 10 al interest in the University property is
In derogaton VI tho rights and interests Of the
public.
II the corporation owns it of course the State
does not. The principle Of Law il too well SET
tied 70 be successfully controvertsd, that when
the interests OF the public are opposed TO those
Of . corporation or individual any ambiguity In
The grant under which such corporation OF in.
dividual claims shall be taken more strongly
against the corporation or individual claimant
and In favor Of the public. wide Is Howard u.
). Reports, page II. Also IL Peters 5Aa and
cases there cited.)
No grant Of power in 9 case like this can be
taken by implication. Some weight is also due
10 the TACT that this corporation Is the creature
oi the Legislature. kept up and susta med by il
and not left like most other corp orations to
provide Tor its own SUE cessisn and continuance.
These appointments are by she supreme
power OF the state, and are in the nature Of
pubic oibeers or agents for the Government
rather than Of mere members Of an ordinary
corporation.
On the whole think the conclusion ia newt
able that tho University property IL in the
state; and however the government Of She in
stItuhon may be vested in the Board OF Re.
senu, sueh eody corporate has no right 10 the
property In tho buildings.
The Regents are clearly tho servants OF the
State. They are, in their corporate capacity,
The hands with which she establishes, builds up
and contro!Sgher University. No Judgment upon
any obligation Of theirs, In whatsoever name
me saIne may have been entered into can in
me least reach or effect this property. we,her
the power to contract would enable the Board
70 bind the property while In their hands, and
before II Ia expended and becomes part Of
the University proper, II is not necessary to de.
termine.
The donations Of land on which this instit 2
ton Is established, are made directly to the
state, and when tho proceeds are transferred
70 the University, the property 10 not changed
This result ia secursd bv the Constitntion ami
no act OF the Corporation, even under tho sane.
lion OF the Legislature, can make ii other wise.
u 10 true the act authorizing the Regents to
raise money, permits them 10 1s.ue hand. :, In
che name Of the Uniyersltv az Mnnssots :" and
makes thsmprimarily or directly payahIs ant ~
. particu lar fund. but not mAkinp snrb fnnI :,
cluslvely liable for their sdemption n ia M,
o case whore the mere designation or name of
the Bonds Ia material. That matter ia purely
optional with the State.
A more pertinent enauirv Ia for whoss hama
III were they issued and who i. legally and
equitabiy bound TO nav them ""N
IL the honor Of the State ia hound N, THAR
redemption, they have the d,tins ushing char
! Acteristics OF State stocks n MAJ h. in ,ho
form OF bonds made directly by and in the
| name Of the State that a nnbIic IIahiJitv /. in
CURED, or il NAV be collaterallv and in anv ona