St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-12-28
IT WOULD not HOLD.
Judge Loehren Refuses to En-
join the Court House Com
mission.
He Finds That the Creative
Act Does Not Limit EX-
penditure.
Charles Riley Heavily Slugged
in a Washington Avenue
Saloon.
Whisky Sends a Well Bred
Young Man to the Work.
house.

Judge Lochren has finally filed his
decision III regard 10 the injunction pro-
ceedings against the court house and
city hall commission. The paper is a
lengthy one. and denies the motion for
an Injunction, and also diSmlSses the
order to show cause. The Judge goes
to the bottom Of the matter, and opens
with history of the creation of the
commissions, and the issuance of bonds.
In the latter respect the court states
that the complaint alleges that the
board has SS76,0 of the bonds, and
paid SS35.000 for the site, expanding the
balance of the amount on the founda-
tons and commencement of the cree
ton of the building. leaving as bal
ance of the S1,500.0O0 appropriation.
only S624.O00. The board is also con-
tenIplatlng finishing a building to cost
s., 900, coo in excess of the original in
tentIOn, so that when the appropriation
is exhausted an unfinished building will
be the result.
The injunction is asked for solely
upon the contention that the S1,500,000
is the absolute limit of expenditure
which the board has any right to make
In the purchase of the site aud the COM
pletiOn and furnishing of the building,
and that it is bound to construct the
building upon such plans and with such
material that it can deliver it to the
county and city, full completed and fur
nished, within the stated limit.
Looking at the act" says the deci-
sion, sit is certain that it places under
the control of the board no other funds
than the 81. 500, COO of bonds. 1t requires
the board to obtain title to the deSig-
mated block of land before commencing
the building. The cost of the land could
not be known to the legislature. The
act provides that the building shall be
Of architectural symmetry, etc. 1t
clearly cOntemplateS permanent build
ing, credible in appearance and ade
quate for the transaction of the public
business, present and prospective.
Everything about it was UnreServedly
committed to the judgment and diScre-
sion of the board.
"ln connection and consideration of
these facts, it cannot fairly be said that
the legislature intended something that
she language Of the act will not warrant
from its grant of authority to raise
special amount of money for the pur-
pose in an extraordinary manner. LII
view of all the provisions of the act that
grant of power should have its simple
and natural Interpretation, is giving
authority to issue bonds and use the
proceeds without straining to give it
the effect which no language of the act
will warrant, of limiting the cost of the
land and completed building.
alt is not charged that the board has
been guilty of dishonesty, bad faith OF
extravaganza. or that the plan of build
ing which it has devised and adopted IS
more extensive than is required, or that
1t is not suitable and the best plan to
provide for the need of the city and
county, or that the material and labor
used and about 10 be contracted for is
not the best and most appropriate, and
obtained at the cheapest rates; or that
any plan could have been devised at the
beginning of the building or could now
be devised which would complete and
furnish a suitable building meeting the
two requirements of the act and ade-
quate for the use of the county and city,
within the expenditure OF the balance
of the Sl.50O,0U0 after paying for the
block of land.
1t follows that the board is fairly ex-
erciSing the discretionary powers vested
in it. And if the funds already
placed in the hands of the board are.
as seems to be the case, inadequate to
accomplish the undertaking, it is fair
to suppose that the county and citv,
either with or without further legisla-
tive authority, will supply what may be
found lacking. Not only is there nc
limitation of expenditure fixed by the
act nor any indication that the board is
expected to be governed by that species
of economy (which verges upon parsi-
mony, butwhile full discretion.as to plans
and material is given to the board the
ample and expensive grounds deSig-
mated and the requirement of architect.
ural symmetry indicates an Intention on
the part of the legislature 10 provide fol
the construction of a permanent build
ing. suitable and ample for the uses in.
tended. and in appearance satisfying and
credible to the city and county and the
people thereof"
he decision of the jndge seems tt
give general satisfaciion.a las the majority
of the people of the city, and especially
those connected with legal matters. seen
to feel that it is matter of pride that the
city should have court house as good a:
can be built. and one that WILDE credi
to the future as we'll as the present.