The Saint Paul globe., 1896-11-20
NORTHERN CITY VICTORIOUS IN
THE LONG-PENDING INSANE
HOSPITAL CONFLICT.
COMMISSION WAS THROUGH
WHEN 1T DETERMINED THE
TRACT ON WHICH THE HOSPI-
tai SHOULD STAND,
Was 1t In Position to Name the
Final Location of the New
Institution.

Anoka is the winner in the long con-
tested hospital site war, the northern
city having been favored in the de-
cision handed down yesterday by Jus
tice Buck, of the supreme court. The
court holds that while the state insane
hospital commission might have de-
termined upon Hastings as the site of
the new hospital its action was not
completed until it had selected the ex-
act parcel Of ground on which the hos
pital was to be located, and for that
reason it made no difference, legally,
whether or not the commission might
have been inclined toward Hastings
at any time during the pendency of the
proceedings.
The court also holds that the viva
voce vate deciding in favor of Hast
ings did not amount to a final location
Of the site, within the meaning of the
act nor did it amount to an acceptance
of the offer made by the city of Hast
ings.
This settles the case, as it has now
been passed upon by the highest power
In the state.
The case was tried before Judge
Brill, who, On the evidence ruled that
the commission had a right to change
Its action or reconsider. In delivering
his decision, however, he passed some
structures on the member of the COM
mission, who had changed his vote and
the selection of the site. The court
also stated that it was a matter that
might go before the supreme court
The opinion recites the act Of April
3, 1895, authorizing the governor to ap-
point seven persons as a commission to
locate and purchase a site at some
point within easy reach Of st. Paul and
Minneapolis. 1t relates the appoint
ment Of Bundy, Black, Carlson, Mer-
rlman, Eastman, Hopper and Smith.
While there was no law requiring the
commission to keep record of it's acts.
1t did so to limited extent, neverthe-
less.
Pursuant to the usual advertisement
the commission met at the state house
at st. Paul on Dec. 49, 1885, and on in
formal vote carried the Hastings prop
osition. On the ninth formal vote four
voted for Hastings and three for An
Okla, and on the tenth vote it was unan-
imous for Hastings.
1t was at a subsequent meeting at
Fergus Falls, Dec. 81, that Mr.. Eastman
moved the vote be reconsidered 1t
was seconded by Mr.. Hopper and car
ried by the votes of Black, Merriman,
Eastman and Hopper, while Bundy,
Carlson and Smith voted no.
Thereupon a series of resolutions
was passed accepting the Anoka prop
osltlon, and those voting were the
same, with the exception of Smith,
who refused to vote at all.
This action was brought to restrain
the commission from reporting to the
state auditor that Anoka had been
selected, and is simply one for perma-
nent injunction to prevent the commits
sion from accepting any but the Hast
ings tract.
motion by a majority of the COM
mission to dissolve the injunction was
granted by Judge Brill, and an appeal
taken to the supreme court.
The opinion says:
The proceedings indicate that the mem
bers were voting generally as to the location
and not for any particular site. The city of
Anoka had offered three sites. Can it be rea-
sonably said that the members voting for
Anoka were voting for any particular site
when no such site was designated, referred
to or particularly described? Suppose that
four of the members-a majority-had voted
for Anoka, which site would have been the
designated? Certainly no particular site
That such vote would have indicated that the
hospital site to be located at the city of
Anoka or in it's vicinity would admit of no
doubt. This rule applies also to the city OF
Hastings.
The location within the meaning of the
act clearly signifies and includes not merely
determination on the part of the state
where 1t should be located, but also selec-
tiOn and designation of the precise tract OF
parsel of land upon which it shou' d be loca ed
Until this was done the location was still
incomplete
Concedng without deciding that after the
commission had once located site it 1suld
be functus off1cio and without the power tc
reconsider and change it's action, still so lons
the matter of location was incomplete the
commission would have the power to recon
slider any partial or tentative action which
It might have taken upon the subject.
Taking into consideration all the facts
which from the record 70 Of he
opinion that the viva voce vote on the "loca-