The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-22
CITY CANNOT PURCHASE
Property Must Be Acquired by
Condemnation Proceedings.
1T WILL CAUSE A DELAY
II vii Take Sixty Days, and Perhaps
Longer. to Get the Lots for the New
Fire Station-A Decision by
Judge De Wolfe.

City Attorney De Wolfe surely threw
a 1S-inch shell. rapid-fring at that, into
the ranks of those aldermen and off,
c1als who have IT at heart to establish
new fire stations for the city. Towards
the close of Wednesday nights council
meeting a motion was made that a
warrant for 5000 be drawn in favor of
T.. o. Dugan for the purchase of a lot
at the corner of Arizona and Mercury
streets on which to erect a new fire
station. 1t was then that Judge De
Wolfe declared that he wished to go on
record as saying that the city has no
legal right to purchase property or ac-
cept a deed for property. 1t can only
acquire property through condemnation
proceedings.
Some of the aldermen were inclined
TO appropriate the money for the pur-
chase of the lot anyway, but the mayor
warned them that he would be forced to
follow the advice OF the city attorney
and would veto the measure, or refuse
to sign the warrant. IL ii were voted.
After a good deal of discussion the al
dermen voted to institute condemnation
proceedings instead.
In discussing the matter yesterday
some of the aldermen expressed them
selves as unable to understand why
they can't purchase lots now as they
have done in former years. They argue
that the site for the present city hall
was purchased, the site for the public
library was purchased and the site for
the Quartz street fire station was pur-
chased. No objection was made or
those occasions to the purchase OF prop
erty. and the aldermen who were talk
ing yesterday could not understand
why they cannot purchase lots now as
well as they could then.
Judge De Wolfe declares there is no
section Of law giving the city power to
purchase property. Article ~. OF the
laws of Montana relating to municipal
corporations gives the powers of the
city council. The only power given the
council for acquiring property is in sec
ton 75 OF this article, which gives the
council power Tx condemn private
property for opening. establishing,
widening or altering any street. alley,
park. sewer. waterway, In the city or
town, or for any other public use, and
the ordinance authorizing the taking of
private property for any such use is
conclusive as to the necessity of the
taking, and must conform to and the
proceeding Hereunder had as provided
in the code Of civil procedure concern
ing eminent domain
IL might be thought that the city
might also be prevented from selling
property, but that is not the case. Sec
tion 60 Of the same article gives the
council power ITO sell. dispose OF or
lease any property belonging to a city
or town not held in trust for a specific
purpose. and such transfer must be
made by ordinance or resolution passed
by a t~wo-thirds vote OF all the mem
bers of the council"
So the plan TO move the fire depart
ment out OF the city hall will have to be
postponed for q time, as II will require
at least GO days. and probably a longer
time. 70 carry through the condemna-
ton proceedings. While nc trouble
might arise. any citizen could, by in
junction, Judge De Wolfe says stop
the city from using money for the pur-
chase of the property.