Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-09-15
The Dakota County Road Controversy

To the Editor of the Globe.
In your issue of the I'd there appears com.
munication from Helen Mar Messenger or
'Lady Mar as she is called for short, where
in she gives her version of the road case recent
ly decided by the supreme court She says,
"a history of this case should be given in or
der that the people of this State may know
Just how much right they have to their proper
ty.' A true history of the case has not been
given in any one particular, and this answer 30
her complaint Is made fer the especial benefit
of all those who have taken more or less "Mes-
senger stock during protracted controversy
to settle the just and equitable rights Of the
public to an old road bed.
The st. Paul and Hastings river road by this
decision has a clear legal status, which is per-
haps more than can be said of any other in the
State. As @ road it has had an existence for
some twenty-seven years, and sixteen without
any change.
For twenty years it has been something more
than Sow path Ito use the expression of a
st. Paul alderman as an excuse for withholding
Just proportion of ''Bridge funds.") being
first ''laid out IN 1858, with a rather indef-
nats record, and on that account the county
commissioners in 1876 ordered q survey and
plat of the same. Attention is here called to
the act of 1874 legalizing all highways in the
State that had been open and in use
for five % years, allowing two years
when the right of way had not been paid or re-
leased for the fling of claims. No one availed
themselves of this opportunity, and no one
ever did receive any benefits upon this sixteen
miles of road, say from Rich Valley, in Rose
mount, to the south line of the Sixth ward Of
St; Paul: where COW path lead, towards
a "free bridge. At the romantic( ?)spotin ques-
ton, Crow Village, the road was formerly
liable to overflow, besides was very muddy at
times and execrated in common with the West
St. Paul fats. The long contemplated change
of the road to its present high and dry
site, at the foot of the bluff, was completed by
Road Assessor F. M. Libby in 1868, his pre-
decessor doing half or more the year previous.
Some four years ago the Messengers, after hav-
ing settled the question of their rights to a
large sum of money for damages, and after an
exhaustive discussion of the bill of civil rights,
the bred Scott decision, ETC., formally OBJ
structed the road and stuck up notice warn
ing all good people to stop trespass upon prl-
vate property. For this A. E. Messenger was
complained Of and fined. From this he ap.
pealed to the district court and was sustained,
as it now appears from the opinions of emf
nent attorneys, from sheer neglect to have the
case correctly represented. The road was again
and again obstructed and as often removed,
when the citizens of West St. Paul
and Inver Grove appointed committee to
take such action as they considered advisable to
secure the right of way. At this time the old
town site had not been vacated and the COM
mittee decided to open street that had been
dedicated to the use of the public for that
purpose. brought on a surveyor, but found
nothing practical after receiving all manner of
abuse. 1t was then decided to petition the
board of county commissioners and notices
were posted in the three different towns Feb
ruarY 9Th, 1878. During the latter part of the
day heavy blockade was made and raised late
ho IF
blockade at this time is good evidence that the
proposition to submit the matter TO
the common course of law was not well
received, and it was at this
particular time and under these particular cir.
cumstances when it was boldly asserted thai
the Messengers, assisted by all the lawyers this
side of Halifax, could not effectually close the
road against the public. The committee then
changed their tactics and applied to the legis-
lature for relief, which was promptly granted,
as all supposed, with restoration of peace.
But s'he whom the Gods wish to destroy they
first make mad" The road is again obstruct-
ed, which resulted in fine and an appeal tax
en- to the district court and final appeal TO
the supreme court. The decision of this
gers axe and pick, and q gentle reminder TO
Lady Mar" not to throw stones at the work
men while repairing said highway.
4 After the public accusation against I. NJ. Lib
by and friends of abetting at highway robbery,it
can be said, and without fear of successful
contradiction. that the property in question is
not worth over 81 500-stone quarry, rabbit
pasture and all else included. If ''Laly Mar
was worth half the sum she claims to be dam
aged ahe would not be poor, and the best evil
dence that the people are not desperados is
that she has not been robbed of her wind. As
it is she is perfectly safe till she emigrates to
some place where roads are required.
p RaRToE