Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-03-25
PARKS.

To the Editor of the Globe:
As none save those who would buy or
sell Smith park have thus far been heard
upon the subject, it has seemed to me, that
| reprint of the following extracts from
your interesting six-column article on
parks, (see GLOBE 18th inst.) together with
these comments, may interest or amuse
such of your readers as are familiar with
the history of a conference said to have
been held some eighteen hundred years
since, between Satan and Him of Nazareth,
| touching the preliminaries to prospect
| i've land transaction of large dimensions.
While the party of the first part, as in the
present case, proposed to deal in real es-
| tate to which he had no title, he did not
profess to act in an official capacity-he
| simply represented himself. Yet sundry
of our city fathers seem anxious to prose-
cute real estate business in their alder
| manic capacity, the corporation, or "pub-
lie" being capitalist and silent partner.
| l do not write III spirit of
unkindness, cheerfully admitting that
| our city fathers are all honorable men, yet
1 feel that any one of the 10000 souls re-
siding within our city limits possesses the
same right to enjoy, sell or exchange the
property in question, as does an alder
man. l also believe that the recent legis-
! lation had in this behalf is neither credit
able to those who asked or granted it, it is
simply roid, this being judiciai-not a
Iorri lot ~
pie know who asked for this legislation?
May it not be in order for our active of
ticials to give diagnosis of this park ep-
idemic with which they now appear to be
SO torn up,after having for thirty years re-
fused to expend dollar in improving this
the most valuable park in the city? Am
not justified in saying that in seeking this
double trust, our officials seem to forget
that under the ancient law of trusts, he who
offered himself as trustee was disqualified
under the law.
LEAD us not into temptation" consti-
tutes the GROWING glory of that ever mem
orable prayer. While our city
fathers have apparently attempted
to explain the motives which
it is manifest that certain material facts
are withheld from the public. Should 1T
not be known to all, whether the city
authorities have encouraged parties having
designs upon this park, or are acting in
concert with them?
To serve, at the same time acceptabiy,
both God and mammon, will sorely tax the
capacity of even our city fathers. Why
should an alderman or any citizen of S.
Paul seek the heirs to Smith park? Above
all, why seek to divest the public of its pr
feet title thereto? A city official should
seek the establishment and preservation
of the grounds with which he is entrusted,
and refrain from impeaching its title There
to. You say
'"The block of ground dedicated to The city
for park purposes it 1849, and knIwa as Smith
Park, was occupied by Ssustters until 1872,
whea they were removed by order of the city
council, and later it was used for two or three
years as a stone pile upon which city prisoners
were employed, aciich is all that hos been done
in the direction Of preparing 1t for the purpOfes
t0r aohich IL given to the city, and pow it is
proposed under certain conditions as noted
above. to sell 1t. Desiring that the readers of
the GLOBE should underetal the reasons which
operated to secure legislal,!e authority to sell
this property, Mr.. VIM 4. Van Slykn, chairman
sought the one most likely to be best qualified
to give the desired explanation''
For the purpose of correcting some of
| the many fragrant errors which
seem TO have been promulgated
by parties having designs on these
grounds, attention is called TO the words
| italieised in the above extract.
The grounds in question acre not de5rtE-
Gated 10 the city Of st. Paul for park pur-
poses in 1919, CIR at any other time, there
| was then no city of ST. Paul, or county of
Ramsey, neither did the donors use the
| word park" in their dedication of these
grounds.
Block No. 10 IUdS dedicated ''to the pub
Tic" (See copy of said deed or dedication
| herewith printed.)
TERRITORY OF MINNESOTA,
COUNTY OF ST. CRoIx. (
Be it remembered that on the 9th day of
July, A. d. l849 before the undersigned per
sonally appeared Cornelius s. Whitney and
Robert Smith, personally known to mo to be the
proprietOrs of Whitxey & Smiths addition to
| ST. Paul, and acknowledged that they laid out
| the said plat, and do hereby convey the
| said streets and public square to the public. as
| laid down said plat, and declared it to be
| their free act and deed.
BENIN. w. BRUNsoN,
Justice of the Peace.
| As there are 40 reservations. restrictions
or conditions contained III this deed or dedi-
cation, none can now be imposed, the title
is as completely vested in ''the public as
is possible, there is no more perfect title
i'll the state, nor haye the rightful heirs of
the donors a greater interest i'll this so
called park than has each and every one
of the 50,000,00O inhabitants of these
United States residing beyond our city
| limits.
If guided by political or judicial inter
pretations of the term public" 1 might
| have substituted ''state" for ''city." "By
the term public, is meant the whole body
polite, or all the citizens of the state
| public law, public debt, public credit,
public highway, public park. Here the
grantors say:-"They laid out the said plat,
and do hereby conrey the said streets and
public square, to the public, as laid down in
| said plat" This is plain, he who runs may
read. This enterprise is likely soon to as
| sumo proportions exceeding and extending
| beyond the Jurisdiction of our munich pal
ity. If ''some of the heirs have already
been heard fIom favorably," there are
| sundry precincts yet to be heard from.