St. Paul daily globe., 1896-04-09

duties of the board were not the location, but
the acquisition as well, Of q hospital site.
The selection of site by expression of
Its choice was simply a preliminary step in
the matter of its acquisition, and until such
acquisition was consummated by purchase
condemnation or otherwise, or until the
rights of third parties have interviewed, it
may reconsider such action and retrace the
preliminary step so taken. If, as claimed
the board has become functus offcio as to
location then, no matter what obstacles there
may be to the acquisition Of the site so Sc
lected there can be no further location.
Failure of title and inability to secure the
site at the price to which the board is linn
tied, or other like intervening causes pos
sible to arise, would defeat the whole purpose
of the commission, and no one has the hardi-
hood to claim such an outcome impossible. If
power has been so exercised as to become
functus offcio, it is so for all purposes, and
the moment it is conceded that under certain
contingencies the power may again be exer-
cised, it is because the power still exists. II
the power exists and may be again exercised
by the board when obstacles intervene, 1t rs
fo- the board to say what conditions require
or make desirable it's further exercise, and
the court cannot control or in any manner
interfere with it's discretion.
Fourth-We prefer to rest our decision on
the foregoing grounds, but we are inclined to
the opinion that in any view of the case there
is nothing left to enjoin, and for that reason
the action will not lie.
Upon the record before us, when this action
was brought nothing of substance remained
to be done. So far the board was required
to act the Anoka site had been acquired. Its
voucher in payment therefor had been deliv-
cred and the deed of purchase was already
in the auditors hands The act of acquisl-
ton was consummated so far as was within
the power Of the board. Nothing remains
now for the board to do but to cause hospital
plans to be prepared and make report Of
their doings to the legislature.
1t is not claimed that such plans may not
be utilized for any site which may be ultt-
matey selected, that the state can be in any
manner thereby prejudiced. 1t is the duty of
the board to make full report Of its doings to
the legislature, and it is not for the court to
dictate it's terms or to execute a censorship
with respect to what it shall contain.
Fifth-While thus dissolving the injunction
we constrained to say, in the interest of
good morals and fair dealing, that the record
before us fails to disclose any reasonable ex-
cuse or any worthy or honorable motive for
the change Of heart which brought about this
change of purpose, and the circumstances
under which 1t occurred may we'll call for
legislative investigation A breach of good
faith and failure to observe the ordinary
rules Of fair dealing on the part of majority
Vi ILLS podru are matters Ior legislative cor
rectfon, and this, as we'll as the gravity of
the questions-by no means free from doubt
which we have been called to decide may
well Justify the auditing and disbursing off,
GERS of the state in holding their hands until
the legislature, or at least until the supreme
court on appeal, if one is taken from our or
der, shall have had an opportunity to con-
slider the matter.
-Hascal r. Brill
-Chas. e. Otis,
Judges.