The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1886-01-01
A Troublesome Bay Window.

Inc controversy still continues be-
tween the attorney general at the rela-
ton of the harbor and land commits
sioners and Mr.. Henry Bigelow Will
Jams, relating TO the removal of Il bay
window upon the Hotel Kensington,
built over Il s~ixtecn-foot passageway,
near the corner of Boylston and Exeter
streets, which, by the deed from the
commonwealth to the original pur-
chasers, was to forever remain open and
unobstructed. The full bench issued a
decree that the restriction in the deed
was valid, and that the window must be
removed. For several months after
ward, however, the Objectionable win
dow looked ont upon the passageway,
having apparently no greater regard for
the decree of the august tribunal than
for the rain drops falling upon the panes
Of glass which entered into its cOmpo-
sitlon, until the attorney general mott
fed Mr.. Williams that he should on q
certain day appear before Judge Charles
Allen, and move for a decree directing
the window to be removed in accord
ance with the disregarded decree of the
full bench. On the day appointed
Judge Allen issued q decree that the
window must come down within sixty
days, and that defendant must pay
costs. At the hearing upon this motion
defendants counsel stated tn the court
| that all the abutters upon the passage
way had expressed a willingness to have
the window remain, and that they did
not look upon it as an obstruction TO the
p~assageway ut all, but, on the contrary,
being a civil and w~ell-conducted bay
window, they had not the heart TO order
it to 'move on" Judge Allen, how
ever, remarked that though he was not
much impressed with the strength of
this excuse still il the harbor and land
commissioners should consent TO have
the window remain he would give such
consent due weight in determining the
question. but after a hearing upon the
subject before the commissioners at the
state house they remained %infieXible,
and the decree of Judge Allen went in
to effect.
Sixty days went by, and the window
upon the passers-by as though DEGREES
of the supreme court collectively and
single justices thereof individually We're
of no more importance than an evening
zephyr from the placid Charles. Then
the parties appeared before Judge
Holmes, and the excuse was offered by
defendant that since the decree of the
full court he had sold the premises, and
that. therefore, il was out of his power
to remove the window. This excuse
was without effect, rs Judge Holmes re-
marked that the sale of the property
made no difference. and hat the de-
cree must be enforced. A further delay
of one week was granted, no objection
being made thereto by the attorney gen
eral, Finally defendant was notified
that the attorney general would on a
day named move for an order directing
him to show cause why an order should
not be issued committing him for con.
tempt Of court In not obeying its reiter-
ated DEGREES. Again the parties APP.
pcared, this time before Judge Devens,
and defendant proceeded TO show cause
-to-wit, that the decree of Judge Allen
had fixed Il time within which the win.
dow should be taken down, and had
amerced him in costs, and, further, that
the abuttcrs would be happy to have il
remain. These various grounds were
argued 10 the judge, with so much ef.
feet, that this morning he refused to or.
der defendant to he committed for con.
tempt, saying that although he did no,
consider. the consent of the abutters as
of any consequence as Il ground for re-
fusing to issue the order. still he could
moi say, rs a matter Of law, that an ap.
peal could not be taken from Judge Al
lens decree. He minated. neverthe
less, that the full court would probably
advance the appeal for an early hearing
and on Wednesday next a motion vii
be made to that effect. Meanwhile the
window still continues to please the eye
and delight the soul of the accommodate
ing abutters, and the harbor and lant
commissioners may wonder for wha'
purpose their office was created.-Bos
ton ITaueier.