St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-29
ST. PAUL WINS ITS CASE
AGAINST 7HE NiL WAUKEE, RECOVER
INC $4,000 OF PROPERTY.
THE NEUTRALITY-SUSPICIOUS.

The City, After Years of Litiga.
ton. Receivers a Large Tract
OF Level Property Lying Be-
tween Broadway aud Wacouta
-RaiIrosd Claimed by Pro-
scription.
BY the decision of Judges Kelly and
Otis yesterd ay the city RECEIVERS possess
sion of land valued at 100000 or more,
now in the possession OF the Chicago,
Milwaukee & st. Paul Railroad COM
pany. and used for track and freight
de pot purposes on the levee. just below
the union depot and facing the river.
The matter has been in litigation
since early in 1887 and Involves
interesting questions relative to
the early settlement of the city.
The case was on trial for more than
two weeks in November last. The old
settlers OF the city. including James j.
Hill, DR.. David Day, A. L. Larpenteur,
Capt. John S. Prince. Peter Berkey. as
well as many others, were called upon
to testify as TO the old post trader house,
the woodyards where James j. Hill
did business in his early days. the island
that formerly was in the river at that
point, as well as other typographical
features of the early days of the city.
The case was then heard by Judges
Kelly and Otis and has been under con-
sideration by them ever since.
The suit was originally begun in
March, 1887. 1t was an action in eject
ment brought by the city to recover
possession OF certain lands located be-
tween Broadway and Wacouta streets,
ard lying east of certain iron monu-
mentS and the present line of the river.
1t Includes part of the land upon which
tracks are now located as well as part
of freight building. The original ac-
ton was tried before Judges Wilkiu and
Brill, judgment being rendered i'll favor
OF the railroad company. The case went
to the supreme court. and the judgment
of the lower court was sustained. w. Z.
Murray and Harry j. Horn appeared for
the city at that time, and Judge Charles
E. Fiandrau, w. H. Bigelow and W. Ii.
Norris for The railroad company. The
first case was decided Sept "a, 1889.
The city asked for SECOND trial, under
the statute that gives a second trial as
of right in eJectment cases. When
the case came on for trial last Novem-
Der. Corporation Attorney Chamberlain,
his assistant, Walter Chaplin, and Ii. j.
Horn appeared for the city. There
were several attorneys for the defense,
but F. W. NJ. Cutcheon took charge Of
the defense. The case was ably tried
on both sides. The evidence taken i'll
the case makes over LOCO printed pages.
Corporation Attorney Oh amberlaiu
was much pleased over the result of the
decision yesterday. He said that much
of the credit in the case is due to Mr..
Chaplin, who Is Il practical engineer, and
with the aid of j. ii. Armstrong, of the
city engineers Office, spent days in
going over the location of lines in the
earlier aud present physical features of
that part of the city. Mr.. Chamberlain
said that those who are making capital
over the damage suits against the city
arising out of the bursting of Page
street on the West side can Offset this
and still leave room for credit to his
office.
The decision filed yesterday by
Judges Kelly and Otis is in substance
as follows:
st. Paul has been duly incorporated
city since the act Of the territorial leg.
islature OF March 4, 1884. The corpora
ton vas modified by acts Of 1855, 1874
and subsequent acts, and has since then
had, by virtue of its charter and acts Of
the legislature aforesaid, the care, super
vision and control of all public high
ways, streets, alleys and public grounds,
levees and landings within the limits of
said city, and the same power and con-
troll over the Mississippi river within
the limits of said city, as highways,
streets and alleys aforesaid not incon-
sistent with the laws OF the United
States; and always has had, and has
the power to regulate and cause to be
constructed, altered and maintained
wharyes and piers and grading and
paving along the banks of the said Mis-
Sissippi river.
That on and prior to June Is. 1854,
one Peter Hopkins was the owner, and
seized in fee of the real estate described
in the complaint, including the shore
and bank Of the Mississippi river be-
tween the easterly and westerly lines of
said parcel of land, and all riparian
rights connected Herewith. and at the
time last aforesaid. said Hopkins dedl-
Gated said described property for public
use as a street, levee and landing of said
city, and that at or about that time said
dedication was duly accepted by said
city, and that the said dedication and
acceptance thereof have never been va
Gated, set aside, or in any manner an
pulled, and said plaintiff is still the
owner of all and singular the title and
interest by 1t acquired hereunder, in
and to said premises.
Here the opinion outlines the history
of the defendant, the Chicago, Milwau-
kee q st. Paul Railway company; when
and how it was organized, and what
lines it subsequently absorbed and
added to It's system. Then it proceeds
as follows:
That the defendant is now in the
actual possession of the entire parcel of
land described in said complaint, ex-
cept strip thereof about sixty feet In
width, lying next to and adjoining the
line described in said complaint as the
south line OF blocks four ~ and three
~ of Hopkins addition. and across
Rosabel street and Wacouta street to
the west line of said Wacouta street.
The sOutherly line of said strip of about
sixty feet Is indicated upon the ground
by iron monuments.
That defendant has wrOngfully and