The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-07-12
THE TITLE In QUESTION,
sale Of States East Washington
Street Land Deferred.

The commission appointed TO sell the
tract of land north of the Deaf and Dumb
Asylum, decided, yesterday afternoon, not
to make the sale. as question as TO the
title has arisen. Attorney General Taylor
carefully examined the deeds and former
transactions relating TO the land. and has
decided that 1t will be advisable to have a
proper court pass on the validity of such a
sale. The question Is as to the perpetuity
Of the right OF the trustees OF the Deaf and
Dumb Asylum in the land or any benefits
arising therefron. The law authorizing the
sale Of the land provided that the money
shall be paid into the general treasury, and
this would bar the trustees of the institu-
don from receiving any OF the benefit d.
rectly. II Is possible the land could be sold
without danger had this law provided that
the money should be placed to the credit OF
the Institution. The commission decided to
return the bids unopened and to let the pre-
liminary steps stand until decision shall
be secured from the court. The trustees OF
the Deaf and Dumb Institution have been
requested to bring friendly suit to enjoin
the commission from selling the land and to
set up the possible objections. In this man.
ner the title and the right of the State to
sell 1t under the law Of last winter will be
passed upon
The statement of Attorney General Tay-
Tor. as made TO the commission. was as fol-
'.on Feb. IS. 1880 Isaac n. Phipps and
John b. Phipps decided 10 the State of Indi-
g o. tine pea and pSmS &sy Sna
grounds or National road. This land ex-
tended from the National road to what is
ground now occupied by the Women's Pris-
on and Industrial School for Girls. In the
conveyance, this language appears: To
have and 10 hold the above described prem
Uses with all the improvements, privileges
and appurtenances TO the same belonging
10 the said party of the second part Qndi-
anal and her assigns forever, 10 the only
proper use and behoof OF the trustees of the
Indiana Asylum for educating the deaf and
dumb. and their successors and assigns, for
ever Concurrent with that deed the three
trustees OF the Deaf and Dumb Asylum
executed an agreement with the said Phipps
brothers. by which the trustees assumed and
agreed TO pay balance of $3.50 still due as
purchase money upon that land. Suisse
quently, In 1889. this property was sold by
the commissioners OF the sinking fund for
the balance due upon said mortgage. IL was
bid In by the president OF the board of sink
Ing fund commissioners. and sold immedi-
ately 10 Isaac y. Phipps. who at once as
six acres OF ground. TO the State of Indi-
ana: for the Institution for educating the
deaf and dumb The trustees OF the Deaf
and Dumb Institute paid of this balance of
the mortgage and retained control OF the
property from that time on.
The Legislature, in 1863. provided for the
establishment of the Indiana Reformatory
Institution for Women and Girls. Conrad
Baker was then Governor The law provided
that the Governor should locate this insti-
tuition within five miles of Indianapolis at
place TO be selected by him. The board OF
trustees OF the Deaf and Dumb Institution,
on Aug IL. 1859. filed In the Office of the sec
rotary OF state an attested copy OF the reso-
luton adopted by them proposing 10 the
Governor that the north half of the said
thirty-six acres tract OF land be selected
and established as the site for the said Fe-
male Prison and Reformatory Institution.
Tor that purpose so far as said trustees had
the right or power To so offer tho same On
the same day Governor Baker filed in the
office OF the secretary OF state his written
given. and selected the north half or the said
thirty-six acres tract Of land as the site for
the Womens Reformatory. From the Ian
guage OF these deeds OF conveyance, inciud-
ing the collateral agreement and the action
OF Governor Baker with respect 10 the north
half OF the said tract, IL would seem that
there Is serious question whether or not
the State, without the concurrence OF the
trustees of the Deaf and Dumb Institution
would have authority 10 sell the remaining
portion Of the said thirty-six acres and con-
vert the money into the general treasury.
Before this Is done. some court having
jurisdiction OF the question ought 10 be per-
mitted to pass upon the question. II would
be unwise 20 sell this property and have
purchasers erect homes thereon until the
would advise that nothing further be doEe
In the matter until such question had been
determined. which can be brought about
without very great delay IL the trustees of
the Deaf and Dumb Institution Will take
immediate steps to test the question"