St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-26

quoted from his address delivered to
the pioneers in 1856, when he told of
the compact, and 1t had never been
refuted. He did this to the men who
made the early history of the state
He quoted from his address upon that
occasion. 1t was common knowledge,
and was generally conceded. Now one
party to the compact wants to seize
the capitol. In concluding, Judge
Flandrau said: eff you want to do
that go ahead, but you will never have
a good nights rest or an easy con-
science ever AFTER
LAW BARRIERS.
In arguing the legal points, Judge
Flandrau said:
1t is insisted that neither the park
board of Minneapolis nor the city of
Minneapolis has any power to donate
land which has been acquired for park
purposes to the state for a state CAPT.
toll, or for any other purpose s5
The park board of Minneapolis was
created by chapter 2S1 of the Special
Laws of 1888 page 4OD.
BY section Is page 413) it is provided
that the lands which may be desig-
mated and obtained under the provi-
sions of this act shall remain forever
for parks and parkways for the use
of all the inhabitants of the said CITY.
subject to such rules and regulations
as the board of park commissioners
snail prescribe, said parks being sub
Ject to the lien of the bonds which may
be issued for their purchase which lien
in case of non-payment of said bonds
at the maturity thereof may be en-
forced by sales pursuant to any decree
of court of competent jurisdiction. -
is plain from the language of the act
that the park board has no power to
acquire land for any other purposes
| and it is equally clear that they have
| no power to dispose of any such land
| so acquired.
1t is no answer to this proposition
that it is probable that a portion, and
| perhaps the larger part of the land pro.
| rosed to be donated, will remain as
| grounds surrounding the capitol build.
| ing, and hence in a sense will continue
| to be public park. If the proposed
| donation can be made, the state will
have the right to erect buildings over
all the land conveyed, and utterly de-
! stroy its character as a park. To the
| extent that the ground will be covered
| by a capitol building, it is so destroyed
| The erection of such a building in
| wolves a large steam heating and
| lighting plant, which will cause dense
clouds of smoke to be thrown out over
the surrounding ground and ruin it ut.
| terIy Is pork, which is supposed to be
a refuge for the people from the annoy
ances of smoke and dirt which infes
the rest of a large city.
The business transacted at a state
capitol will necessarily bring a large
number of people at all times from al
parts Of the state, and the grounds will
| thus be used for other than park pur
poses, and largely by people who ar,
not inhabitants of the city of Mime
| apolis.
1t is a well-known and thorough!
| settled principle of the law that where
/ lands are acquired for certain specific
public purposes they cannot be diverted
or used for other purposes and tn
body so acquiring them has no powe
to transfer them or use them for othe
than the purposes for which they wer
so acquired.
Many authorities and reported case
can be cited to this proposition, but W
think it is only necessary for this ar
| gument to call the attention of tn
committee to few of the more import
ant and pertinent cases on the sub
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