The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1869-04-15


to the property or il would be rejected.
On this point he spoke at great length,
and attempted to prove that tho deed
although offered within tho specified
time was not good one. -
: Mr., Gorton now expressed himself
ready to defend the tito to tho proper
ty, and said that after Mr.. Hooper, the
owner OF tho Stearns House property,
notified tho Committee that he should
accept the conditions of tho resolution
adopted by tho Board at Winona, he,
As ono Of the Prudential Committee,
Immediately made thorough oxamina.
ton Of tho title to tho property. in or.
der that he might be able to act advis-
eddy when the Committee should be
called together to accept or reject the
deed. Ae said tho result Of this oxam-
iuation was that he found that tho title
to tho property although technically
defective scas practically good. He
stated that he found a mortgage, I'M
satisfied, resting on the property IN ia.
vor of G. T. Stearns, Of Mobile. This
of course could not be Immediately r.
moved from the record, for the reason
that Mr.. Stearns was two thousand
mics away. But Mr.. Stearns' attor-
ney proposed to put the mortgage and
the notes secured by it into the hands
Of the Committee, with instructions
from Mr.: Hooper for the Prudential
Committee to withhold from the pur-
chase money an amount sufficient to
discharge the same. This seemed to
dispose Of the mortgage satisfactorily !;
"tor," said he, "ty this arrangement
the Committee would have the deed Of
the property, the mortgage and notes
secured by it, and tho purchase money
al in their own hands" He said he
found several old judgments still un-
satisfied on tho Judgment Docket, but
from some circumstances connected
With them he had reason to believe
they had ali long since been paid, and
that the records should have shown
this. On applying to Hon. H. T.
Welles, Of Minneapolis, and Judge Da.
Wis, Of Clearwater, he learned that he
Was correct, and from them procured
the necessary evidence to show the fact
to the Board, although there was not
time to correct the record before the
meeting At Mankato. He said that had
he been purchasing the property 70,
himself he should not have hesitated q
moment about accepting the deed, but
As he was acting for the State and waa
strictly accountable for the manner in
which he discharged the duties impos.
ed upon him, and as the matter was
one of more than ordinary importance,
he decided to avail himself Of the best
counsel within reach, and accordingly
applied to Judge Hamlin and Judge
McKelvy for their opinion in regard
to the title. Before the Committee met
he received from them a certificate
which he read to tho Board, in which
they certified that they had examined
the title to the property and that it wat
good and valid. He said that it wal
due to his colleague on tho Committee,
Hon. N. F. Barnes, that he should say
he went with him through all this ex
animation and fully concurred in thu
conclusion that the title was practical.
ly good. They were now prepared ia
act. The Committee was called togeth-
er by the Chairman, the deed was 40.
cepted and put upon record, the prop
erty was insured, and the amount nee.
essary to pay these bills drawn from
the treasury on a warrant signed by the
Chairman Of the Committee. He SAID
that the Chair objected to all these
transactions, except paying the bills fo'
recording and insurance. This he did
without appearing to see any iuoonsist
ency in the act, although claiming al
the same time that the property did
not belong to the State.
The following resolution was the,
offered by DR.. Parker:
Resolved, That when all the incumbran
ces on the property conveyed by Mr.
Hooper as site for the Third State Nor
NAL School At st. Cloud shall be removed
and the record evidence of such removal j
submitted to the President of this Boar.
and is satisfactory TO him, then warrant
shall be drawn for the amount agreed to b.
paid for the same.
Gen. Andrews attacked this resolu
ton with great earnestness, and was re
piled to by Messrs. Dunnell, Parker an,
Gorton. The debate on this resolutio,
continued until very nearly two o'cloel
in the morning. Gen. Andrews va
very severe on his colleagues on thu
committee, saying that they had entire
ly disregarded his views in their actor
and that all their action was clearly il
legal and ought not to DO approved b
the Board and that the principal il
law he had stated was applicable to tn
case, and that nothing was more eviden
than this: "What is illegally done !