St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-01-12
ROCHE Is ON TOP.
The Comptroller Sustained i'm the
Carpenter Park Difficulty.

The Comptroller Sustained i'm the
Carpenter Park Difficulty.
The watch dog is on top.
In the matter of the application Of
Warren Carpenter for a mandamus to
compel John w. Roche, as comptroller
of the city of st Paul, to sign warrant
of the board of public works to collect
benefits assessed in favor OF Carpenter
and against property owners adjacent
to Carpenter park. Judge Wilkin has
filed an opinion refusing to grant the
peremptorY mandamus.
The text of Judge Wilkins decision
is as follows: The board of park COM
missionerS, by resolution adopted May
"a, 1889, appropriated two certain par
GELS of land in said resolution described
for the purpose of public park, and
directed survey and plat to be made
and submitted to them. By this resolu-
ton it was directed that said land be
plated as Carpenter park, and known
and called by that name. BY resolution
of June z, 1889, the board approved the
survey and plat The plat so approved
was duly signed by the president and
secretary of the board.
1t was described in the certificate
as "plat of lands and grounds deSig-
mated by counsel to be surveyed by the
board of park commissioner of the city
of st. Paul for the purposes of a public
park for the use of said city, to be
called Carpenter Park, by and under
resolutions of said board adopted on the
oath day of May, A. ID. 1880.
The lands in said certificate described
were the same two parcels of land deS-
ignated in said resolution. By the res
olutions of June z. 1889, it was further
ordered that said two parcels of land be
condemned for the use of said city for
said purposes. And the board of pub
lie works directed to assess the damages
to be paid to the parties entitled thereto
by reason of such condemnation. and
also to assess the benefits to the amount
of so per cent of the cost of the improve
ment upon the parcels of land so bene-
fitted.
The board of public works assessed
the damages to be paid to the owners of
the said two parcels: and also assessed
the benefits upon the parcels of land
by them deemed benefited. In the case
of large number of owners of land,
deemed to be benefited. the board de-
Quoted certain sums which. in the as
SeSsment roll, are described as ''offsetS
allowed, being appraised value of
lands donated from the amount of the
benefits, leaving only the balance to be
paid by such owners"
By the city charter the board of pub
lie works are authorized in their discre-
ton in the assessment Of damages and
benefits for the opening Of any streets,
leyees, ETC., where part of the land to
be laid out into such streets, levees,
ETC., has been heretofore donated
such street. leyee, ETC., to ap-
praise the value of lands so donated.
and to apply the value thereof, so far
as the same shall CO. as an offset to the
benefits assessed against the person
making such donation. The said as
sessment roll is headed, Assessment
for condemning and taking the follow
ing described land for a public park
Carpenter park so called in the city of
st. Paul, Mimi, in accordance with an
order of the board of park commission
ers of SAID city, dated June z, 1889. to-
wit" And then follows a description of
the said two parcels of land just as they
are described in the order of June Z,
1889. Assuming for present purposes
the validity of the provision of the city
charter above cited. it nevertheless
appears upon the face of the
papers before me that no land
could have been donated for Carpenter
park" that there was nothing, there
fore, upon which the discretion of the
board of public works could be eXer-
cised, and that the allowance Of the of