Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-09-11
SMITH PARK.
The Grounds Upon Which the Heirs Of the
Donor Claims the Property.

The Grounds Upon Which the Heirs of the
Donor Claims the Property.
To the Honorable the Mayor and Common
Council of the City of St. Paul
GENTLEMEN: The undersigned, Sarah A.
Whitney and Rosabel Whitney, respectfully
represent and state to your honorable body
that they are respectively the widow and
daughter and the sole surviving heirs at law
of the late Cornelius S. Whitney, deceased.
That the said Cornelius 8. Whitney on and
before the Gath day Of July, A. D. 1S49. was well
seized in fee simple, and the sole and exclusive
owner of certain piece and parcel of land
situte in the county Of St. Croix, Territory OF
Minnesota, now the county of Ramsey, State
of Minnesota, which said tract of land en-
braced and included ali of that piece and parcel
| or land, block, or square in Whitney q Smiths
addition to st. Paul in said county OF Ramsey,
bounded by ''Fifth," "Sibley," ''Sixth" and
~Waukauta" streets, according to the re-
corded plat of said Whitney & Smiths ad
dition, and which is marked and designated
on said plat by the No. 80" and by the word
''Publick" written thereon, add is now COM
mouly called tSmith Park"
That the said Cornelius S. Whitney to the
end and with the intent and purpose OF pro-
viding the public, and more especially those
who should become residents of that vicinity,
with beautiful and healthful public park,
| to be kept and maintained free, to and for the
| use of all, as resort for health, pleasure and
recreation, caused the said piece of land,
block, or square to be designated and
marked "Pu6lick' upon said plat Of said
addition, and thereby by the marking,
certifying, acknowledging, fling and re-
cording Of said plat on the said Oath day
of July, A. D., 1e49, in the office of the
register of deeds in the then county of
St. Croix aforesaid; and by force and
operation of the statute in such case
made and provided, the SAID piece of
land, block, or square thus marked and
designated "Pu6lick" as aforesaid was
donated, dedicated, granted and
conveyed to the "ppblick'' upon con-
dition, that is to say; to and for the uses
and purposes of public park and pleas
ure ground, and to be held, kept, used
and maintained as such, for the free use
and enjoyment of all the public, as
healthful and pleasant place of resort for
pleasure and recreation, and for no other
use or purposes whatever; and to be held
kept and maintained in the corporate
name of said city of st. Paul in trust to
and for such uses and purposes only.
That at the time Of said dedication
thereof as aforesaid, the said piece OF
land, block, or square was slightly,
healthy and beautiful natural park, GOV.
cred with grove of fine native trees,
and was already adapted to and for the
said uses and purposes. 1t was at that
time in such state and condition that it
could without any, or but tritilng eX-
pense, be used, kept and maintained as
a park and pleasure ground, aud as de-
sirable place of resort for health, pleas
ure and recreation.
ALI this has been changed and the gen.
crosby of said donor abused. All the
trees which so adorned and made it at
tractive have long since been cut down;
and not one tree or shrub has ever been
planted in their place. The ground has
been defaced and it's beauty destroyed
It has been made unsightly and danger
Gus to life and limb. All, or any, use of
it consistent with the uses, purpose and |
conditions of it's dedication has for many |
years been totally and continuously |
abandoned, and it has been for the same |
long time continuously perferted and
subjected to uses and purposes totally IT. |
reconcilableSwith the uses, purposes and
conditions of its dedication. 1t has been I
made and allowed to remain continuous
ly, most unhealthy and noisome place, |
and place of common resort to commit
nuisance Its state and condition has
long, and continuously been, and is such
that it would be the grossest insult to in
vite any woman to visit it, and proof of
depravity in parents to permit their chill
dren to resort thlther for recreation. A |
large portion of it was for years enclosed |
by high, tight, board fence and used
exclusively as place of penal servitude,
and the regulations for admission to it re-
qulreG the commission of crime, and only |
those who had been convicted of some |
offense against the laws and their jailors
were permitted to enjoy, or even enter,
this place, which had been donated and
dedicated as park for the health, pleas
ure and recreation of the law abiding and
innocent 1t is to be presumed the oc-
cupancy by the convicted criminals was
not meant for their enjoyment.
1t has long been and is gigantic pub
lie nuisance It comes within and sur
passes every clause of the statutory defn-
ition of nuisance, namely: "Anything
which Is injurious to health, or indecent
or offensive to the senses, or an obstruc-
ton to the free use of property so as to
with the comfortable enjoyment
of life or property" If it had been pri-
vate property, the owner would have been
convicted and suffered severe and often
repeated penalties therefor
These things can not be attributed to
accident, mere casual neglect, or excusa-
BILE delay, for they have been long and Ia
boriously continued and repeated, after
complaint upon complaint made in be-
half of the public by the public press and
otherwise. They exist in a city of fifty
thousand inhabitants, after thirty-two
years. possession in trust for the uses
and purposes above recited. The execu
ton of said trust and uses and purposes
has now become and is practically impos-
slble 1t has become now impractlcable
to make anything of it but public nui-
sance, unless it becomes private property,
improved and occupied as such
For these reasons, and because of the
said willful and long continued non-user
thereof, for and in accordance with the
purpose, trusts and conditions of its do
nation and dedication as aforesaid; and
because of the said willful and long con-
tinued, gross mas user thereof, as above
recited and set forth, and because it has
been made and has become impracticable
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