The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1896-01-29
THE INSANE ASYLUM.
Anoka Nakas Her Answer in the
Irjunction Su {
The Fight for the Location Will BE Fought
to the Bitter Il, Mr.. Hopper Ex-
plains Why He Changed His
Vote in the Matter.

people OF Hastings Con missioners O. c. Mer-
riraan- A yah Eas imam 81 snry Hopper and Julius
Block verified the answec.
The answer charges that DR. Smith tined 10
make a deal with Chaska and that Hastings put
In false plot Of The site offered 10 the COM
mission.
The commission also served a notice of
motion 10 dissolve the Injunction and the
hearing will take place week from
Saturday. The motion is based upon the
answer and upon four afhdavits made by
Messrs- Merriman. Eastman, Hopper and
Block, and petitions signed by a large
number of the residents of the Seventh
district which, it is claimed by the plain
tiff, induced Mr.. Hopper to change his
vote
The grounds for the motion are that
the court has no jurisdiction over the
commission, because they were entitled
TO use their best judgment in the matter
and because they are state board; that
no facts are set out in the complaint
which would warrant an Injunction, be-
cause the plaintiff does not show an in
jury. Further, that the material anega-
tons Of the complaint are denied by the
answer, which claims that the commits
sion had right TO reconsider the action
taken on Dec. IS when it was attempted
to locate the hospital in the vicinity Of
Hastings and that the acton of the
commission in afterwards locating the
hospital at Anoka and selecting and pur-
chasing definite site there was proper.
1t is claimed. although the commission
voted for Hastings in the first place,
that they did this only to determine the
general location Of hospital and that
they never selected definite site near
Hastings. and when the commission re-
considered the matter II simply changed
the general location from Hastings to
Ancka and afterwards voted 20 purchase
IL
near Anoka
Commissioner Hopper who was the
member who changed his vote. states in
his affidavit that he seconded the motion
10 reconsider, made at the Fergus Falls
meeting: that the Fergus Falls meeting
was simply an adjournment of the St
Paul meeting and that the motion TO re-
consider was carried by vote OF four
to three, all the commissioners being
present; that thereupon a resolution was
introduced to purchase a specific site
near Anoka and that the motion was
carried by a vote of four to two, Com
missioner Smith not voting at all After
the resolution was carried, Smith stated
that he could not understand how COM
missioner could change his vote, and that
he thought II was Illegal: but DR.. Smith
did not make the point until after the
motion 10 reconsider was carried and
until after the resolution TO purchase the
Anoka site was passed Mr. Hopper states
that when thus called on by Smith, he
replied as follows, instead of as stated
in the complaint.
"At the meeting in St Paul ] voted for
Hastings / am now convinced that the
best interests Of the state viii be served
by locating the fourth hospital north of
the Twin Cities, and in so voting / am
representing the sentiment Of my dis
trict- When 1 returned home i found
49, Ia iv1it1 Toe
had been done the northern part of the
state. and I received petitions from many
of the most prominent citizens in the
Seventh district asking nc TO vote for
a reconsideration and correcting the mis-
take in Judgment had made" He also
adds in his affidavit that he produced
for the commiss on the petitions which
he received. They are attached to the
affidavit. are very voluminous and con-
tain the names Of the
Most Prominent Citizens.
Of the Seventh district Among the men
signing are: s l. Melgaard. J. o. Forest,
T. E Lenhart c. S. Mitchell. George l.
Treat. w s Gilkin. W. K Barnes. Fred
Won Bombach, C J Gunderson. Of Alex
andria- Among those from Stephen are
John Gillespie, E. J. Russell and r. A
Whitney. Among the signers from War
rem are c. l. Stephen. John E ostrum,
JOhn b. M6IISOIl, 0IlnQNiu1O- Among
those from Fergus Falls are Elmer E
Adams. Charles C Haupt, John P. VIII
liams 7. n. McLain, w. Brandenbury
and E A Jewett. A B. Cole. z A. Bick-
ford From Crookston are Halvor Steen-
erson. Alexander McKinnin, A D. Stew
ems. John Comb, P. ]. MCGUIRE, Judge
Montague William Anglin and A c.
Wilkinson
The commission in its answer, sets
forth the different propositions by VIII ch
sites were offered 1t appears that four
were offered near Anoka, two near Hast
ings, one near Jordan. one near Delano,
and several others. When the commits
sion took the vote of the 18th day of
December at ST. Paul, the members simp-
ly voted by the names of the towns
Eastman and MerTiman voting for Anoka,
but not specifying which of the sites
offered in the vicinity of Anoka they
voted for. Smith and Bondy and Hopper
voted for Hastings. but did not spec fly
which of the two Hastings sites they pre-
ferred The site near Jordan is shown
by the answer TO have been actually in
the town of St. Lawrence, and yet
vote was cast for Jordan. The minutes of
the meeting are set out at length in the
answer, and from these it is claimed
that il is evident that the commissioners
were voting simply for general location
and that they were not attempting TO
purchase any particular site At that meet
ing.
On the other hand, at the Fergus Falls
meeting il is claimed the commission not
only voted on location, but also voted by
q majority vote to purchase definite
tract of land
II the ella N of the commission is cor
rect the point made by the Hastings peo-
pie that they had a contract by which
they acquired vested rights, would not
appear TO amount to much. The com
mission claims that any legislative body
could at the proper time and on the
proper motion, reconsider any vote.
He Made No Offer.
Dr. Smith was seen by Pioneer Press
reporter last evening, when he made the