The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-15
SUPREME COURT SAYS THE PUR-
CHASE TO AUGMENT PHALEN
PARK WAS ILLEGAL.
COUNTY HAD NO AUTHORITY
TO PURCHASE LAND FOR THE PJJR-
POSE OF GIVING 1T TO THE
CITY.
EIGHT DECISIONS SUSTAINED.
Not n Single Order Was Reversed
by the Court in Yesterdays
Batch.

The supreme court yesterday, Justice
Collins writing the opinion, decided
that the purchase Of the Bazille prop
erty adjoining Phalen park by the
county was illegal and without war
rant The county board that went out
OF office a year ago authorized the
purchase Of the property, the present
board repudiating it's action soon after
the beginning of the new year Mrs
Bazille sued to compel the county TO
enforce the contract entered into by
the old board, but her suit was unsuc-
cessful, the supreme court yesterday
affirming the decision of the district
court in an opinion, the syllabus Of
which is as follows:
Clara NJ. Bazille. appellant, vs. Board of
County Commissioners of Ramsey County
respondent.
l. Where a board of county commissioners
enter into wholly unauthorized contract
enc outside Of and in excess of their limited
statutory powers, it is not binding upon the
county, although its terms and conditions
nave been performed and complied with by
the other party thereto.
z: Where the ilegality Of the purpose for
which certain real property was purchased
by such board, the utter incapacity of the
board to purchase for such purpose and
that the contract was ultra wires appear
deed CT conveyance, the board may invoke
It's want of power to purchase as a defense
IN an action brought to recover the purchase
price. The vender in such a case
cannot recover and it il of no
consequence that he has delivered a deed of
f he p properly which has been accepted by the
In the opinion the court says that
the attempt of the county board to
purchase land for donation to the citv
was absolutely without any legal au-
thority, and accordingly was not
merely an abuse of or misapplication
of its actual power but an act ultra
wires.
The court declares that the agree
ment with Mrs. Bazille was entered
into unlawfully and that she has had
full notice that it was for an illegal
and unwarranted purpose. If com
pleted, the court holds, the purchase
would have wrongfully diverted and
misappl1ed county funds The opinion
says:
We are of the opinion that the ques-
ton was disposed Of more than twen-
ty years ago in Mitchell VS. Commits
sioners, "a MINI. SAG. It was there held
that the board of county commission
ers' act under limited statutory au-
thority, and in order to bind the coun-
ty upon any contract they must keep
within the limits Of such authority. and.
further, knowledge of the extent of
their official authority must be imputed
to every person dealing with them
When the board of county commits
sioners purchase real property, says
the court, it may do so for
certain specified purposes but
for no other purpose the stat
utory authority being expressly
limited. In view Of this, the court de-
clares that the purchase attempted in
this case was not for public purposes,
but the aNowed object and design was
to bestow the property gratuitously on
the city of st. Paul, an act as much in
excess Of authority as the one re-
ferred to in the Mitchell case cited.
The court continues:
We need not express any opinion as to
whether the title to this land has or has not
vested in the board or if it has vested, what
remedy the plaintiff has. If the contract of
purchase. was illegal and invalid for the
reasons hereinbefore mentioned 1t could not
be validated by any act omitted or performed
by either party. Delivery and acceptance of
the deed could not legalize a transaction
wholly unauthorized by law