St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-07
THE REGENTS WIN.
The N. p. Short Line Temporarily
EniOineG--An Appeal Taken.

In the district court Judge LOchren yeSter-
day filed decision granting temporary in
junction upon the petition of the regents of
the State university, to restrain the commits
sioners appointed by the court from proceed
ing with the condemnation of lands in East
Minneapolis for the st. Paul q Northern
Pacific short line, as follows:
As it appears that the commissioners have
already filed their report, the injunction to
restrain the railroad company is alone
sought The application is
BASED UPON TWO GROUNDS:
FirSt-That lots to z, block Is, st. An
thony city, proposed to be taken by the de-
PENDANT railroad company for the location
thereon OF its line of railroad, adjoins the
ground called the campus of the University
of Minnesota, being separated therefrOm
only by a street, and that said
lots had, prior to said proposed taking, been
acquired by the plaintiffs for the use of the
university as site for buildings of that in
stitution.
Second-That the location of railroad
upon these lots and the frequent running of
trains will by reason of noise. smoke. ETC.,
so near the present and projected buildings
of the university, cause great annoyance
and interference with the educational work
of the university; that the lots were pur-
chased for the purpose of erecting thereon
buildings, and that it makes no difference
that the lots were taken in the name of
john S. Pillsbury, enc of the regents, and
continued in his name down to the COM
mencement of the condemnation proceed
mgs. The land was paid for by the plain
tiffs, and the right and title has never been
disputed by Mr.. Pillsbury, to whom the
deed was made, and who has. since the
condemnation proceedings were commenced,
conveyed the legal title to the plaintiffs.
Section Z, chapter 43, page 553, general
statutes has no application to this case.
That section is analogous to the statute of
frauds, and rests upon the impolicy of per-
hitting trusts affecting title to land to be
established by oral evidence only, when dis
puted by the alleged trustees. II would
therefore prevent a person who should paw
the consideration for the land, and consent
TO its being decided to an
other, from setting I'D and es-
tablishing parOl trust in his favor,
if such trust was denied by the alienee.
These lots must therefore be regarded as
belonging to the university before the at
tempted condemnation of lands.
y PUBLIC INSTITUTION.
The University of Minnesota is one of
the public educational institutions of the
state, and although incorporated is purely
a public institution. Lands appropriated
to its use as sites for its buildings or as
grounds connected Herewith are appropri-
ated to public use as much as the grounds
used in connection with the capitol build
ingS. After having been acquired for state
purposes they are not liable TO be taken by
proceedings in return for any other public
use without the unequivocal consent of the
legislature of the state.
1t is not question for the courts as to
whether any particular tract OF land or part
of tract acquired by the regents for such
use is necessary for such purpose. That is
matter which the law confdes to the re-
gents alone, and a case would have to rest
upon something much stronger than any
supposable error in Judgment on the part OF
the regantS to warrant interference by the
court. 1t follows, therefore. that at the
commencement of its proceeding the railway
COMPANY HAD NO RIGHT
to take the lots by such proceedings. Even
if am mistaken as to the technical rights
of the plaintiff to hold these lots as against
any condemnation for another public Use.
while the title thereto stood in the name of
Mr.. Pillsbury, the result will not be differ
emit The regents were authorized by law
TO ACQUIRE lands for the use of the univer-
sitv. a public use, either by purchase or
condemnation. The case shows that prior
to the condemnation proceeding the regents
had taken steps to obtain them by purchase
and that the purchase has been negotiated
for the benefit of the plaintiffs, who had
paid the purchase price thereon and had
acquired the legal title to the lots as re-
suit of such negotiations, before any title
to the same or right of entry thereon vested
i'm the railway company, although subsequent
to the commencement of the proceedings of
the latter company. The doctrine of rela
ton. if invoked on the one side, will equally
apply to the other, and in any view the title
and rights of the university are prior to
those of the railroad company.
AS to plaintiffs claim for relief on the
ground of nuisance, the showing is that
these lots, as before stated, are separated
from the southern boundary of the univer
sity campus by street, and that the pro-
iected line of railway will be distant only
500 feet from the present main building.
The Manitoba road is at present about the
same distance north of the same building,
and that the running and operating of
trains on the last-named road disturbs and
interferes with the lectures and Rotations,
and that the projected railroad on the south
side of the building will add seriously to the
ANNOYANCE and disturbance of the educa-
tional work OF the university. That by rea-
son of the location of the Manitoba road
other buildings
CANNOT BE LOCATED
ON the campus north of the present main
building and that if the projected railroad
,A1.l hn