St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-01-13
The Park Commission Says It Has No
Right to Give Grounds for the Ex-
position Building.
The Flat Under the Lowry Hill Men
toned as a Favorable Site by
Byron Sutherland.
The Washington Avenue Bridge Near
ing Completion and South Side
People Rejoicing.
ALL ABOUT A SITE.
The Park Commission Cannot
mate ExuosffjOY1 Grounds.

=
Washburn, Harrison, Pray, Helfelfnger,
Nelson. Gale, Glenn and Blethen were APP
pointed a special committee to lay before
the board Of park commissioners the project
of the latter board leasing to the exposition
directors a strip of land at Central park as
a site for the exposition building. Yester-
day afternoon the park board met with the
above committee and large number of the
directors of the exposition and interested
stockholders in the rooms of the JUbbers
association.
ASKED TO ACQUIRE A TITLE.
1t was explained that the committee
asked the park commission to acquire the
title to all of block 6, and the north half of
block Z, in Central park addition, between
Willow and Spruce streets, and directly OPP
pOsite the park, containing about eighteen
lots, or about four acres The board is then
requested to give a lease for long term of
years to the exposition.
The tract is not improved to any extent
The buildings located on it are inexpensive,
comparatively, and it is the opinion of the
committee that 1t can be purchased for about
$50, 900.
The meeting was opened by an expa-
nation by Gen. Washburn regarding the
above, President Loring occupying the
chair.
Gov. Pillsbury asked for the legal opin-
ion Of the attorneys of the park commits
zion, respecting the power of the board in
the premises.
LEGAL OPINION.
Judge Fish prefaced his remarks by stat
ing that he should not base his opinion
solely upon the probable result in case any
one should carry the matter into the courts,
as would in all LIKELIHOOD be done should
the commission attempt to grant the prayer
of the exposition directors. Yet he was
clearly of the opinion that the commission
had no legal right to devote any Of the
lands acquired or to be acquired TO other
than park purposes, in the literal applica-
ton. The park act gives no conveyabe
power whatever. The title of the lands
must be in the city, and the board cannot
give to any body or corporation any title in
the lands.
The act, which is the foundation of our
park system, is virtual declaration that
the title of the lands shall forever be in the
city. The attorney stated that possibly
the city council may have the right to con-
Yey property but certainly the park COM
mission cannot. Whether or not the con-
Struction of an exposition building on the
lands is devoting it to other than park pur-
poses is matter of which the board itself
must judge. 1t is apparent that the nsti-
tuition expects to make and to eXpend
moneys. Then it is for profit. These lands,
furthermore, must be under the exclusive
control of the exposition directors. They
must have the power to admit such PEG lie
as they see fit and to refuse admission when
they chose, and also to fix a certain stipu-
lated admission fee.
DESIGNEDLY HANDICAPPED.
He thought that the park commissioners
had hapD en- hondiQa mad daCiUnadlU fhaf II
can exercise only the powers designated,
and he did not suppose that there was one
chance in 10. 600 that the courts would not
decide that the commission had no right
TO devote park lands to the exposition as
projected, and that it has no right to under
take the conveyance of the lands acquired
under the park act. The park commission
has already acquired lands which cannot be
used for park purposes, and unfortunately
no disposition can be made of these lands
They cannot be sold without special power
which can only be granted by the legisla-
ture.
THE MAYORS OPINION.
Mayor Pillsbury, as a member of the
park commission, next addressed the meet
ing. He had looked over the whole matter
with care and he had concluded with the
attorneys of the board that the commission
had no right to make conveyance, by
lease or otherwise, to the exposition.
Should it be attempted he feared the action
would vitiato the rights of the board. Under
the condemnation proceedings the board
had made many and extensive assessments
for benefits upon property adjacent to pub
lie parks, these assessments to run for ten
years. Should the commission violate a
provision of the park act, he felt certain
that the property owners would not be
l,~1l
park bonds authorized by the legislature
there is now only the small sum of $13O. 600
left to be expended, and the mayor ex-
planned that the general city bonds
of the city cannot exceed
per cent. of the assessed valu-
alton. The finances of the city are now,
consequently, limited. The city has no
right to issue bonds, furthermore except i'm
cases specified by the legislature. The
school board would have fully as much
right to convey lands as the park board has.
AS citizen, the mayor would gladly CO.
operate, but as member of the commission
he could not consent to voting any lands.
Gen. Washbun stated that the exposition
committee had visited the grounds on Hen
nepin avenue opposite Central park. and
the committee had unanimously agreed that
the tract was not well adapted to the pur-
poses Of the exposition.
NEW SCHEME.
Byron Sutherland came forward at this
juncture with new and novel project. He
asked the attorney if he thought there
could be any legal objection to the boards
acquiring territory on the fiat under Lowry
hill, opposite Hennepin avenue, with the
tacit understanding that Thomas Lowry,
the owner, should donate to the exposition
the bare site for the expOsition-or the
actual lands to be occupied by the build
ings. directly in the center of the tract so
acquired.
Attorney Fish, can see no objection to
that.
Mr.. Washburn-I think that is a prac.
tical suggestion.
Col. King-Yes; I think that scheme
would work like a charm
Sutherland am not in favor of the
park commission going into debt so heavily
rs 800, 600 for an exposition site, however
Mr.. Washburn-Then you would not
favor donating the lands, even had Won the
power.
mo, sir; not by going so heavily into
debt" replied Mr.. Sutherland, with EN-
phasis.
A. j. Blethen, who had sat and listened
with manifest nervousness. could stand it
no longer. He took the floor and made an
eloquent appeal to the park commission to
set aside all petty scruples in the premises
and show their appreciation in the grand
scheme and their loyalty and patriotism to
this, the greatest and most beautiful city in
the Northwest. He reviewed the generous
contributions to the fund, which had now
reached a magnificent sum. He referred TO
the fact that the Centennial Exposition
buildings had been erected in public park
at Philadelphia. and said that there is no