The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-06-19
CONDEMNATION PROCEEDINGS
A Snag Struck at the Start by Judge
Severance Being a Party.

through Attorney Cray presented the
petition for condemnation proceed
ings along the right of way on the
river front through the city, before
Judge Severance, asking for the ap-
pointment of three appraisers to fix
Judge Severance stated at the outset
that there was question in his
mind as to whether he was qualified
to hear and act in the case, as he was
party in the action, being a trustee
in deed conveyed under the old viii
lage townsite, and the title had never
been passed. There was some dis
cussion among the lawyers over this
point, Mr.. Cray holding that he did
not see wherein this fact in the least
disqualified Judge Severance, as he
was simply trustee and was not per-
sonally interested cent therein.
Attorney Fletcher said he did not see
how such position could be taken.
Being trustee the Judge must have
some interest in the matter. Mr..
Cray argued that no one would be per-
sonally interested but the owner of
the tract in question, whose identity is
not known, and that the only party to
be prejudiced in the matter would be
the railroad company. The court
suggested that it might in some way
raise a question as to the validity of
the action of the court. He suggest
ed that that particular piece of pro-
perty be dropped from the case, and
then all question would be eliminat
ed as to his right to hear it. After
some further arguing between the at
torneys it was agreed to adjourn the
case until l 80 p, m. that the attor-
neys might have a chance to look up
the matter and consult as to the best
course TO pursue.
After the converting Of the court
in the afternoon, Mr.. Cray stated that
he had concluded to drop the piece of
property of which the Judge is trustee
from the petition. Attorney Fletcher
objected to the dropping of the said
piece of property, as it changed the
petition filed and signed by said COM
pany, on behalf of L. G.. NJ. Fletcher,
ct. al. The court overruled the OBJ
lection.
Mr.. Fletcher presented an objection
to the petition in the shape OF an
affidavit for L. g. M. Fletcher, setting
forth the damage said road would be
to his property if the petition was
granted and said road is built upon
the land asked for, as it would leave
land between said road and the river,
which would be damaged to him for
all purposes.
Mr.. Cray filed map of the proposed
new road through the city, together
with resolutions of said change passed
by the board Of directors. Mr..
Fletcher objected to the introduction
of said map and resolutions except to
show that such resolutions have been
filed with the secretary of state, and
for no other purpose.
Mr.. Fletcher objected to the petit
tion on the ground that the company
had no right under the statute to use
The power of eminent domain to Sc
cure another right of way when they
already have parallel line fully
equipped running through the city.
The court held that this objection
could not be entertained until after
the petitioner had introduced his evil
dence as 20 what he wished to do.
Mr.. Cray introduced papers and aft
davits showing the city had granted
the petitioner the right to change the
tracks through the city.
III. Spencer was then sworn as a wit
ness for the petitioner, to show that
said petitioner operates road
through the city of Mankato, etc. He
gave as reason why change of tracks
was required from present location
through the heart of the city, is be-
cause lack of yard room where now 10
Gated, because of running through and
crossing so many streets, some 20 or
80 streets in all, which binders the
rapid movement of trains; endangers
human life because of said crossings;
inability to get additional ground
upon which to handle it's business; be-
cause of slow rate of speed required
within city limits, which causes the
stalling of heavy freight trains upon
the grades. Said the location of the
school buildings through the
city caused hundreds of children
to cross and recross the tracks every
day. Said a land could not be &C
quired and operated for a yard be-
cause of the many streets which cross
it. The proposed new line is some
what shorter, can be more easily
operated: the grades are easier, and
the operation of said proposed new
line will be less dangerous to the pub
lie. The witness stated that the