St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-26
A FAIR DIVISION OF sPoILs
The Capitol, University and
Penitentiary We're Placed
by Pioneers.
EXECUTIVE SESSION HELD
By the Committee and Their
Decision Reserved Until
Thursday.

\ The judiciary committee of the
house heard talk last night upon the
proposition of Minneapolis to offer
Loring park for a capitol site. The
meeting was held in the house of
representatives. There were a num-
Der of gentlemen from the two cities
present, most of whom wore SOL
emn or Indifferent faces, but few of
them were animated in appearance,
particularly Judge Flandrau, the
veteran jurist and old pioneer of the
state, who was present to make a
speech against the ability of city
to donate a park, and Solomon
Cohen, with ruddy face, who was ex-
pected to make the big argument
to annihilate Judge Flandrau. He
was very much animated when he
rose to speak. The room was half
filled with representatives of both
cities. Among those from the city of
propositions were Mayor Pratt, C.
J. lockwood, Judge Fish, T. Fl. SheV-
elm and representative OF the legis-
lature. Among the st. Paul citizens
were members of the house, the
venerable ex-Gov. Ramsey, j. A.
Wheelock, George Thompson, George
G. Squires, A. H. Lindeke, d. r.
Noyes, c. N. Bell and d. r. McGin-
mis-, of the Commercial club.
The house judiciary committee oc-
cupied seats about the hall, and
Chairman Underleak sat at the
clerks desk. c. J. lockwood, attor-
ney for the Minneapolis park board,
was allowed to speak first. He read
a lengthy printed brief, which had
been prepared in pamphlet form
and distributed among the commit
tee. The brief gave a history of the
park and mentioned a number of
deeds for the park, most of which
recite that the land was conveyed
for park purposes. The brief also
admitted that part of the park was.
condemned for the purposes of a
park. Some of the land was ac-
quired from Central park, now part
of Loring park. The brief also ad-
mits that there are large liens upon
the park in the nature of bonds.
Then the brief argues the right and
power of the city to convey by deed
a park secured for park purposes
solely, but admits that it would re-
quire the authority of the legislature
to sell the park. Assuming that there
is restriction upon the right of the
legislature to authorize the right to
take lands without compensation for
public purposes, the brief argues
that it is only as to private lands
that such restrictions apply, and
that parties whose lands were con-
demned have no equities which
would allow them to ask the protec-
tion of the courts. Several of the
deeds recite that they were made
tASlish parks. Extracts from the
brief in this respect are as follows:
Loring Park was acquired by the
city of Minneapolis in pursuance of
chapter 2S1, Special Laws 1883, and
chapter 30, of the Special Laws of 1889,
as amended by chapter 103, of the Spe-
cial Laws of the same year. One deed
embracing perhaps twelve acres of
land in the northern portion of the
park was made in pursuance of a con-
tract, which is a simple contract of
purchase and sale with an agreement
to convey by good and sufficient war
ranty deed with full title. The con-
tract contains this recital: THAT,
whereas, the said board of park COM
missioners did, by resolution of said
board, passed and dated May 8, 1888,
select and designate for the purpose
of a public park for the city of Min
neapolis, to be known as Central park,
certain lands, of which the lands here
matter mentioned are a part, and
whereas it has been deemed for the
mutual interest of the said parties of
the said city of Minneapolis that the
title to said lands of the parties of the
first part should be acquired for said
city for the purpose of such park, by
purchase rather than by condemnation,
and that a part of the consideration
of such purchase should be the release
from assessment for and on account
of such park of certain other lands of
the said parties of the first part 1.-THE
said lands hereby conveyed being the
same purchased of said parties of the
first part by the park commissioners
of the city of Minneapolis, under and
by a certain contract made and dated
the 18th of May, 1888, for the purpose
of a public park for said city, known
as Central park" The consideration
named in the deed is $101, 200. One deed
embracing several acres lying imme-
diately south of the tract last men
toned contains this language immedi-
ately following the description: For
the purpose and use OF public park"
The consideration named in this deed
is $4,000. There are about ten lots
embracing perhaps two acres of land
of the southwestern corner, the deeds
of which contain this clause: 'tThis
conveyance is made at the instance
of the board of park commissioners
of the city of Minneapolis for parkway
purpose, under the statute creating
said board" Two lots lying near the
southeastern corner were conveyed by
the board Of education of the city of
Minneapolis by warranty deed. That
deed contains this recital Immediately
following the description: This deed
is made at the instance of the board of