Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-12-07
MINNEHAHA CITY.

l
LELAND Yesterday.
At 10 o'clock yesterday morning the
matter of the incorporation of the pro-
posed city-of Minnehaha was called in the
probate court. The counsel appeared as
follows: Rea, Woolley and Kitchell, and
Daniel Fish, for the petitioners, and p. NJ
Babcock, G. 81. Benton and Judge IAtwater.
for the protesters.
Judge Atwater stated that he had ap-
peared in his own interest,
owning $50 acres of land in
the proposed city on which there is but
one house. the property is not suitable for
city purposes, although by the incorpora-
ton of the new city it would be taken for
city purposes, which from it's nature as
pure farming tract, would not be equita-
BILE, and would be movement without a
precedent in the history of the incorpora-
ton of cities. Beside, by such incorporation,
this property would depreciate 25 per cent.
and possibly SO per cent, in addition to
the burden of taxes. If he was obliged to
be incorporated, he preferred in go into
Minneapolis.
A statement signed by W. S. Higgins
was read by Judge Babcock, alleging the
invalidity of the petition.
Col Benton made short remonstrance
against any evidence being adduced at this
time, since the machinery of the general
law was inefficient to ascertain the exact
number of legal voters in the territory re-
ferred to, a matter vitality important to
any legal proceedings looking to further
ance of the plans of the petitioners for IN
corporation.
! The remonstrance was overruled and the
witness called.
| Mr.. Grlswold, the first witness,
testified that at present he was a resident
of the city of Minneapolis, but at the time
of signing the petition under discussion,
was a resident of the town of Minneapo-
lis. That he attended meeting of the
legal voters of this territory some time in
July or August, and that in order to find
how many legal votes there were in the
district, he consulted the town clerk, and
others supposed to have information, and
that committee was appointed to ascer-
tain the number, which committee pre-
pared blanks for taking a census. This
committee was composed of Messrs. Avery,
Libby, Adams and others.
The next witness, Mr.. A. D. Libby, be-
ing sworn, testified that five canvassers
were put into the field, each with a sepa-
rate district, to ascertain the exact num-
Der of voters in the entire district. These
canvassers were Messrs. Avery, Libby,
Adams, Brown and Russell. The division
of the territory was infinitely detailed.
showing that no confusion resulted in the
canvass. This canvass was made between
the 18th CT June and the 4th or 5th of July
The node Of procedure was to ask every
man as to his ability to vote legally, and
if he was voter, his name was taken, and
| if not, his name was refused. This evil
dence was ruled out as hearsay, and coun.
sci for petitioners hopelessly suggested
that the only way to arrive at the fact OF
the legality of the names would be to call
each one of the $50 signers to testify as to
his ability to sign.
Adjourned until 2 p. N.
AFTERNOON SESSION.
The afternoon session was commenced a!
2 O'Clock, and DIR. Avery called as the first
witness. He testified that he was one of the
committee that circulated the petition
and identified ffty-six names as having
been obtained By him. He admitted that
two Of the names were written by the same
man, and explained that one man had re-
Quested the other to sign for him. 4 ques-
ton as to the legality OF one man signing
for another. was raised and the signature
finally ruled out.
The witness was requested to read The
names on the list obtained by him and
specify those he personally knew to be
legal voters.
| The cross-eXamination Of the doctor was
about the same as of the previous witness.
j. S. Adams was the next witness, and
stated that he resides, and has lived there
fifteen years on Minnehaka avenue near
the falls. Was one of the canvassers for
the petition. Commenced work about
June Is, occupied about one month in
making the canvass. Identified list of
names taken by him. Admitted having
written two of the signatures himself.
Was acquainted with all of the
men whose names he obtained and
knew them to be legal voters.
Cross-sxamined. Knew that they were
voters from having been acquainted with
them for several years; had not seen the
naturalization papers of all those whom
he knew to be foreigners.
! Mr.. Williams then examined the petition
and identified the names of the persons
that he knew had lived in the district a
number Of years and were legal voters,
finding si1ty-nine.
| Cross-examined. Have seen nearly all
of the sixty-nine vote; know them all to
be voters; there has been great growth
in population in the district in tho
past six months; know that
there are more voters there now than there
were at the time the petition was circulat-
ed. Examined by Judge LELAND Did
not have the original written petition;
had printed one; did not attach the pa
per containing the signature that 1 OBJ
tanned to the written one; do not know
who did; have not read the written petition.
Witness then read the written and original
copy, and pronounced it the same as the
printed one.
R. P. Rowell was the next witness. Re-
side in the town Of Minneapolis;
have resided there for fifty years;
was one of the committee
appointed by the citizens last summer to
take the census of the district to the pro-
posed city of Minnehaha, made canvass
of all of the territory west of Lyndale
avenue list of names taken by
him-circulated petition for the new city
My copy of the petition was printed one
Judge Babcock here objected to this svi
dencs on the following ground: 1.-THE man
ner of circulating and signing the petition
has not been legally done. The law de-
clares that petition must be