The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-03-02

| ings, be reconsidered. This motion was sec
onded by Mr.: Hooper, no reason being adj
| Vanced by either party for proposing recon-
slaeration, and the roll being called, the
members voted follows: Block, Hopper.
eastman and Merriman voted aye; Bondy.
| carson and Smith, no. Thereupon a type
| written copy of a resolution of considerable
| length, as will appear from the minutes
| locating the hospital upon one of the Anoka
| sites, was offered and passed by the same
| vote 1t was objected prior to the passage
OF the resolution by Commissioner Smith,
that Commissioner Hopper could not lawfully
| change his vote and that the commission
| having once located the hospital at Hastings
| could not rescind its action. Thereupcn, as
appears from the protest, Mr.. Hopper arose,
at the time Of casting his vote, and made
| the following statement in substance:
Il think Hastings is the best Site but | re-
| ceived several petitions from the northern
part of the state in the Seventh district and
for AnOka."
This resolution was passed Dec o. A
certifcate was prepared on that day and
signed by Messrs Hopper, Block, Eastman
and Merriman, certifying to the correctness
Of the claim Of Mr. Woodbury., who owned
the tract offered by Anoka for SIS 0O0 its
purchase price, and within three days after
the meeting, by which the location at Hast
ings was rescinded, this certificate was pre-
sented to the state auditor, and a warrant
issued upon the state treasurer for $4,000,
without any request for the approval and
signature Of Commissioners Smith, Bondy
and Carlson.
An action commenced to enjoin the
commission from further action, having in
view the location of the hospital st Anoka.
The district court Of Ramsey county decided
that although the hospital was located at
Hastings, and the action Of the committee
could not be construed in any other way,
yet the commission had the legal authority
before a contract had actually been con-
summated for the purchase Of a site, to re-
consider its action and upon appeal to
the supreme court, this order was affirmed.
The only question which came before the
courts was whether the commission had tech
nically the legal authority to reconsider
its action. The justice equities, and merits
Of the case were not and could not be con-
sidered by the court.
The memorandum of Judges Brill and
Otis suggesting a legislative inquiry is
quoted.
In investigating the change Of heart or
purpose on the part Of Mr.. HOPPER he was
placed upon the witness stand and asked
his reasons for changing his vote He de-
clared that he changed his mind before the
meeting Of Dec. q. As reasons for chang
ing his mind he assigned the following: First,
that he had received certain petitions from
residents in his district; second, that the
sentiment Of his district favored Anoka third
that when he visited the different asylums
after the meeting in st. Paul, lie had
different opinion; fourth, that Anaka was
more central and that there would be a large
saving to the state for the transportation of
the insane, and fifth, that the city of Hastings
gave plat of land and their site wrong,
and the shape Of the tract, although there
was no change in the acreage, was different
from what he had supposed it was. He did
not claim that there was any change in the
number Of acres or in the value or character,
but only that the several governmental sub
divisions comprising the tract, did not lie IN
the same relation TO each other he sup
posed These are the only reasons which he
gives for his change of purpose. The last
three reasons may be disposed OF upon his
own statement. No two of the above reasons
were given connectedly. Mr.. Hopper stated
that the petitions did not influence him in the
change Of his vote, and finally ex-
planned his vote with the general state
ment that he considered it for the best in
terest of the state.
When the case was tried In the district
court, Mr.. Hopper reCollects that he did sign
affidavit to the reason why lie changed
his mind The only reason assigned by Mr..
Hopper in that affidavit was that he had re-
ceived a number Of petitions; that the senti-
ment Of his district favored Anoka, and that