St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-03-17
THE OLD AWARD "GOES. s."
Land Owners Must Accept the Award
of the Commission.
ON THE MINNEHAHA PARK
An Opinion From the Supreme Court
Affirming Judge Young's
Rulings.

Affirming judge Young's
Rulings.
The supreme court passed in de-
cision yesterday sustaining the action
| of Judge Young, of the Minneapolis
district court, in which he Endorsed the
appraisal of land for the state park at
NIinnehaha. The case came into the
courts on the petition of owners of the
property which was condemned by the
special commission, consisting OF e. 5.
Corser, w. A. Barnes and Peter Berkey,
in accordance with an act passed at the
session of the legislature in 1885. The
owners held that the award was not
enough, and they objected to the con-
firmation of the report. Judge Young
held against the property owners. The
decision was passed in by Judge Van
derburgh, and in it the rights of the
state and the law of eminent domain are
discussed somewhat. The opinion
reads:
This is proceeding by the state to
appropriate bonds for public park.
We do not understand that the author
ity of the state to make such apprOpria-
tion,in the exercise of the power of emf
nent domain, is questioned or that the
plan adopted for ascertaining the COM
pensation to be paid to the land overs
is attacked by the appellants. Private
property is held subject to the control
of the sovereign power of the state, eX-
erciSed through the legislature for pub
lie uses. And the land owners rights
and interests are subordinate to this
authority, and he must necessarily sub
nit to the inconvenience and delays in
cident to the proper proceedings lnsti-
tuted to ascertain the price to be paid or
compensation to be made for the prop
erty compulsorily taken from him. If
the purpose be public the legislature is
to judge of the necessity or prcpriety of
apprOpriating the land, and, in the eXer-
else of the power of eminent domain,
simply ObligeS the owner to sell, and
the public is to be considered as an indi-
vidual treating with an individual for
an exchange.
And reasonable opportunity may be
ject the offer, if the price is found to be
such as to render it inexpedient to go
on with the projected enterprise. And
where the property is taken directly by
the state or municipal corporation the
fact that
PAYMENT Is POSTPONED
for a reasonable time to make an assess
ment and collect tax to pay the
amount ascertained or to enable the
legislature to decide finally, or make an
appropriation, does not make the law
authorizing condemnation proceedings
unconstitutional. In such cases the
bargain is not deemed closed until the
final determination to take the property,
nor the property actually taken until
the compensation be paid or secured by
being made lawful lien upon the pub
lie treasury. Hammersly VS.. Mayer, Sc
N. Y, 533; cases cited, 81 Am. Dec,
274; State VS.. Messenger, 81 Mimi,
119-123. And just here comes in the OBJ
lection of the appellants that under this
act the damages are estimated at Onepe
Rod and the actual appropriation of the
land must necessarily, under its pro-
visions, be at period considerably
later, and, maybe, unreasonably de-
layed. But as already suggested, the
Legislature might reserve the right to
abandon before fnality and require
reasonable time to complete the pro-
ceedings and provide for payment.
These things are necessarily incident to
the exercise of the power of eminent do
main. But under the rule adopted in
this state the bargain, when closed, in
order to secure just compensation, must
ordinarily be held to relate back to the
filing of the award fixing the compensa-
ton, and interest must be added for the
intervening time The order of the
court below, therefore, directing that
interest be included in the amount to be
oh, To-, s,,s, ord
ance with the law as construed in con-
demnation proceedings. 1t is merely
determining what amount the. state
must pay in order to obtain the land, if
it decide to take it, the award not yet
being a claim against the state, 1t is
not like case where the award is Sc
cured by making an absolute claim
against the state. Below is the Sylla-
bus:
THE SYLLABUS.
In the matter of the appropriation of
certain lands for state park. IsadOre
Henry, appellant, VS.. The Commits
sionerS of the State Park at Mime
haha Falls, respondent.
Syllabus-Chapter 129, Gen. Laws
1885. providing for the condemnation of
lands for state park, is constitutional.
Evidence offered by the appellant, on
the hearing upon the application to con-
firm the award OF the commissioners,
held insufficient to authorize all order
for a reappraiSal by this court, or to
warrant a reversal of the order of the
district court confirming the award.
Order affirmed. VANDERBURGH, j.
ANOTHER DECISION.
The Pond Machine Tool Company, re-
spondent VS.. Jabez NJ. Robinson, as as
signee of the Pray Manufacturing Com
pany, appellant. 80.
Syllabus-Chapter ITO, General Laws,
1887, providing for liens in certain cases,
is by its terms perspective in its opera
ton 1t repeats in consistent acts, but does
not expressly repeal General Statutes,
1878, chapter 80. Contracts previously
made are governed by the former
statue, which so far remains operative
and may stand consistently with the
new act. Under General Statutes, 1878,
chapter 80, section 1, the introduction
into shop Of additional permanent and
stationary machinery for use therein.
the purchase price. Where by the terms
of contract for the manufacture of
machinery it was to be delivered Oh
cars in another state, consigned to
purchaser in this state, and
the notes of the latter for the purchase
price were to be executed on the deliv-
cry of the property, held that the fact
that same was forwarded to the assignee
in this state before the receipt of the
notes, was not necessarily waiver of
the conditions of the sale or of the right
of the consignor subsequently to reclaim
the actual possession of the property
upon default of the consignee to deliver
the notes as agreed. The findings of
the trial court that the machine in con-
troversy here was fixture in the ma
chine shop referred to in the record, and
was furnished for use therein in pur-
suance of a contract with the owner
thereof, and that the absolute and final
delivery of such machine was made in
this state. held supported by the eyi-
dance Order affirmed