St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-18
WON BY The CITY.
legality Of Assessments Up
held by the Supreme
Court.
iotices Published in the OIL
cial Paper Decided as
Valid.
It Would Have Cost the City
Millions to Lose the
Case.
The Most Important Local
Decision Rendered in
Years.


Gown a decision in the case of II. ).
Fairchild against The City of st. Paul.
which will rank as the most important
ever passed upon in the legal history OF
Minnesota. The question as to whether
a certain paper was the "official paper"
of the city or not may seem to the lay
man but of minor interest, but to the
city of st. Paul and to the legal profess
sion it involved the rights to property
valued at millions of dollars. The SUI
preme court, by its decision that the st.
Paul DAILY GLOBE was the official pa
per of the city during the years 1878 to
1857, disposes of all claims en-
tered against the city for the
recovery Of property condemned
for public Improvements. Ii 1t
had been decided that the
GLOBE was not legally the 'Off1cial pa
per'' of the city during the years men
toned, all proceedings of the board OF
public works would be null and void.
The entire business transacted by the
common council would also nave Deen
declared void, inasmuch as the law re.
quired the publication in the "Ofhclal,'
paper of the city of the entire proceed
ings of the council. The effect OF such
an occurrence Cdii llOAO AO0NAAJ
imagined than explained.
History of the Case.
The case of II. S. Fsirchild vs.. The
CITY of St. Paul was commenced In
March. 1883, and has quite history. 1t
was set for trial several times out was
not finally reached for trial in the dis
trlct court until the December, 1889,
term. when it was heard by. Judge
Kelly, and judgment rendered IN favor
of the city. The case was appealed TO
the sunreme court and heard at
the last general term. The decision is
of great immediate practical import
ance. The question as TO whether or
not the st. Paul DAILY GLOBE was
legally the official paper is definitely
settled. This effectually quiets the
title to all property rights acquired un-
del condemnation proceedings had by
the city from the year 1878 to 1887
where the only defect claimed to exist
was whether or not there was an official
paper of the city of St.Paul, and there are
MANY parties who have claimed that
proceedings had during these years
are void on that ground, and seek 10 re-
cover the real estate condemned. 1t
also settles titles to all property &C
CURED by vacation and similar proceed
ings had during the same time, where
the question would rise as to the eX-
istence of an official paper. The
decision upholdS the right of the
CITY to acquire the fee simple
title of real estate for street purposes.
The claim in this case was for S33, $3.50
for the removal by the city OF rock and
stone from land condemned for streets,
but the city having acquired the fee
there can be no recovery, and the city
car never be mOlested in the improve
ment of streets by parties claiming the
mineral or earth found in the land con-
demned. In other respects the decision
sustains the constitutionality OF the
charter of the city, as well as the prac-
tice of the board of public works IN con-
domination proceedings.
The Syllabus in Full.
The full decision as written by Judge
Mitchell is as follows:
II. S. Fairchild ct al, appellants, VS.. the City
of St Paul. respondent.
syllabus: Where the use is a public one
the legislature is the exclusive judge OF the
amount of land and of the estate tnereln,
which the public end 10 be subserved re-
ouires to be taken. Hence it was competent
for il to authorize the city of st. Paul TO con-
denim the title in fee simple OF land for pup
lie streets But the title which the city ae-
uuires in such cases is what may be termed
qualified or terminable fee for street pur-
poses only, and which it holds not as proprl-
etor but as an agency OF the state, III trust
for the Dublic for street purposes, ana Wnlcn
II can neither sell nor devote TO private use.
The city charter contemplates that the meas
ure of compensation shall be commensurate
with the nature and extent of the estate taken,
hence is not repugnant to the CONSTITUTIONAL
prohibition against taking private properly
for a public use without compensation
Where the fee of land is taken for street pur-
poses the compensation PAID IS part OF the
cost OF a local improvement LOT winch as
easements" may be levied upon the property
to be benefited. The description OF the lana
proposed TO be condemned in this case held
Sufficient. The time speclhed for the PUBL
cation of any notice under the city charter
commences with the first pubhcalon- ST.
Laws 1855, oh. :, sec 20. If tulI
Fifteen Days Notice
of the time and place of the meeting Of the
board of public works TO make the assess
mept and award of benefits and damages is
given before the meeting, ana near enough
10 the date thereof to reasonably answer the
purpose designed, it is sufficient, although
the date OF the first publication Is more than
fifteen davs before the meeting. Orders OF
the city council to the board CT public works
are merely directions to an executive depart
ment of the city government, ana 90 not
come within the provision of the charter re-
ouiriDg ordinances, resolutions and bylaws
TO be published in the city paper before they
shall take effect. Where the benefits as
sessed are equal to the damages awarded, so
that nothing is payable to the land owner for
the land taken for local Improvement it is
not necessary that the notice required by
Nun. Code 1884, sec. 154, should be given be-
fore the city takes possession of the property
condemned.
Held, also. that in this case there was q
sufficient designation of the st. Paul DAILY
GLOBE as the official paper OF the city.
Judgment affirmed.
Full Text Of the Opinion.
q. 6. Fairchild ct al. appellants VS.. The City
of St Paul, respondent.
Opinion-This was an action to recover
damages for certain alleged acts of trespass
in removing stone from the premises of the
plaintiffs. The defendant justified the acts
on the ground that it had acquired the title
TO the land for the purpose of public street.
The case was tried upon the theory that its
decision depended OH the question whether
or not the city of st. Paul had acquired a
title in fee and by stipulation it was agreed
that the court should determine two ques-
tons, viz:
First-Had the defendant the power and
night to condemn the fee of land for street
purposes, and if So
Second-Had the defendant duly con-
demned. for such purposes. the fee Of the
land in question?
The main contention of the plaintiffs upon
the argument was. to use their own language,
''That the public exigencies do not demand
the taking and condemnation OF the absolute
fee simple title 10 land for the purpose OF
highways and streets; that the public wants
are supplied by the enjoyment of an ease
ment and that any act of OF the Legislature
which assumes and attempts to authorize 6
municipality to take and condemn the abso
lutte fee simple title TO land for such purposes
is unconstitutional and void" More briefly
stated. the proposition is, that the Legislature
cannot authorize the taking of any greater
estate in land for public use than is neces
OCfo inf fCT inf mn IVY
forthe purposes of a street. therefore thu
legislature cannot authorize the taking o.
such an estate for such purposes.
While we have given the question the care
full examination due to the elaborate brie
and very earnest argument of the learned
counsel vet it has never seemed to us tina
there was anything in his contention. II
NCK HEADACHE-Car ter'sLittle Liver Pill