The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1890-12-11
IN THE COURTS.
TITLES TO SALOON PROP
ERTY IMPORTANT TO
NORTHAMPTON LOT
OWNERS.

OWNERS. -
During the past week two actions,
of more than ordinary Importance.
have been commenced in the district
court Of this county. The Sioux Gig
& St. Paul Railway Company was the
original owner Of the village plat ors
WortllingtOn, and OF d humber OF
other villages along. the line Of the
1o~d from t..1Hmss- -f,psst- - In sss the
deed Of each lot sold ,ky this company
is the following clause ''This convey
ance is made and accepted on the ex.
press condition, that Intoxicating
liquors shall never be be sold or vended
AS a beverage, to he drank OH the prem
ises, and if the same is done habitually
with the knowledge and concent of the
owner, this instrument shall be void"
Daniel Rohrer, ESQ.,, the attorney for
the railroad company, under orders
from the company, has begun suits
against Mrs. Anna Davis to recover
the possession of lot in block 8, now
occupied by Keavy & DeVaney AS u
saloon, and against Lawrence Singer
to recover the possession of the
twenty-four foot front Of lots and y
III block 8, now occupied by Mr.. Har"
der as u saloon. Each lot has on it
y costly brick building. 1t is under
stood that orders have been issued to
bring similar suits along the line of
the road wherever Il breach Of this con.
dition in deed made by this company
exists, now, or has, in the past. 1t IS
claimed that tie courts of last resort
have uniformly upheld the validity Of
such condition aud that Oh Il breach
thereof the title re-vesttd III the
grantor without any action on its part
except to bring suit for the recovery
uf the possession. In the famous case
involving the title of the Colorado
Springs property of the value Of $780,
900. the Supreme court If the United
States upheld such a condition and
gave judgment Tor the original owner
for the recovery of the proI erty. 1t
las been upheld hy the courts Ut last
resort III New York, Kansas, Connec
tlcut, Michigan aud Ohio. and similar
conditions have been sustained 10y the
Supreme court Of Minnesota, and Oh
the authority of the cases from these
1....rto. Tho Supreme court .'f~ztIA.'
United States says: ''The owner Of
property has a right to dispose or 1t
with IA limited restriction Oh its use. ~
The reports are full OF cases where
conditions imposing restrictions on
the uses to which the property may be
put have been upheld. III this way
slaughter houses, soap factories, dis
tillrries, livery stabltS, tanne, les aid
machine shops have, in \ multitude Ut
instances, been excluded from lUcali-
les and thus freed from unpleasant
sights, noxious vapors and disturbing
noises, and have become desirable
,laces for residences. The restriction,
against the sale of liquor MS beverage,
is not unlawful nor against public
policy. but on the contrary, was i'm
posed in the Interests Of public health
and morality, and New York says:
Few men would object to the sale of
single glass of liquor, if that were
the end Of it. One sale leads to another
and the only way to prevent excess is
entirely to prevent its use. There is
10 limit which can be placed on it's sale
or moderate use, which will insure
tllnt such use shall not become immOd'
crate. Whether such restriction is
wise or unwise is not for us to say.
No man is bound by law to be wise.
lie has legal right to be wise or un~
wise, as his own judgment or as his
caprice may determine. 1t is enough
to say that neither the purpose of the
grantor nor his mode Of accomplish
ment of it can be pronounced unreason-
able or abs,lrd.''
Ohio sustained condition against
erection of hotel On the land sold, and
says; THE law does not prohibit a
giantor from imposing limitations on
the estate conveyed, and where the ef-
feet of the restriction is not to accom-.
plish an unlawful purpose, it is lawful
and where it affects the land or it's en-
poyment, its effect is to bind all per-
sons who derive title under the con-
veyance that contains the restriction. ,
1t is understood that the action OF
the Sioux City company y was brought
abont by a number of property owners
whose deeds contain similar restric'
tions. united in a demand on the COM
pany that it enforce the condition.
The progress and outcome OF the
legal proceedings in these cases will he
looked upon with interest by both the
friends and foes of the saloon in Wor-
thington and vicinity, and by all hold
ihg property restricted by like condi-
tions in the original deeds.
Letter from Oregon.
MEADOW p. O., Lane Go. Oregon.
Nov. 2Sth, 1890.
EDITOR ADvANCE:-lt was six
months yesterday since wrote to the
ADVANCE, so having little leisure
today and thinking it would interest
yeur readers l concluded to write
again. We lad about an average sum.
mer here. 1t rained west of the Coast