The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-07-20
is THE LAW INVALID
COUNTY ATTORNEY KANE RENDERS
ADVERSE DECISION ON LAND
PURCHASE
MAYOR sM1TH OPPOSES DEAL
Proposition of Judge Bazille to Sell
County Land Adjoining Pha1en
Park May Not BE Ac-
ceptabIe.

At a special meeting of the board of
county commissioners yesterday the
proposition of Judge Bazille and others
to sell the county fifty acres of land adj
joining Phalen park, ut $500 an acre. was
defeated and the matter is row before the
park board.
The offer was made under a general law
enacted by the last legislature provid-
ing for the purchase of lands for park or
other public purposes in cities Of more
than 10000 and less than 100000 popula-
ton.
When the subject first came up a few
weeks ago, it was referred to County At
torney Kane for an opinion, and when the
board assembled yesterday he informed
the members that, in his judgment. the
law is unconstitutional, as special legis-
lation.
In the course of his opinion he says:
81 am of opinion that said law is I'M
constitutional and void, particularly upon
the ground that said law is in effect sub
Ject to legislation, and conferS no power
or authority upon the board of county
commissioners for the purpose of buying
property or improving the same, not held
and possessed by said board prior to the
passage of said law.
The general law of this state defines
the power of counties, and of boards of
county commissioners in the purchase Of
real property for county uses, and find
no authority in the general law of the
state governing this question comforting
upon your board any power or authority
to make the purchase now contemplated
or under consideration by your board"
Upon hearing the opinion the board de-
cided to take no action. Mayor Smith eX-
pressed himself as very much opposed
to the purchase, as he considered the
price excessive, and, in his judgment, the
land is not worth to exceed $3.50 per acre.
He favors the purchase of the land il it
car be bought for a reasonable price. He
holds that when needed for park purposes
it could then be condemned by the park
board.
Abstract Clerk Ccnroy appeared before
the board with reference to his bond
which is to be furnished the county He
explained that while there is no law re-
curing him to give bond, he thought.
as public official, and one who has
charge of valuable records, that a bond
should be furnished to protect the county
against loss.
His bond was fixed at $500, and it will
be furnished today.
The question of the disposal of the $780,
600 bonds to apply on the erection of the
new jail came up, and it was explained
by County Auditor Johnson that next to
Nye &, Co., who had declined to take the
bonds, the highest bidders were the Ma
tional German American bank and the
State Savings bank. The former bank has
also declined to take the bonds, and in
case the State Savings bank will not ac-
cept them, the auditor will advertise for
bids. The bid of the latter was SCI. 352
A communication was read from A. w
Gutridge, of the associated charities.
recommending that the five children Of
Lawrence and Maggie Gaughan be COM
mitted to the Children's Home society
The parents of the children are addicted
to drink, and the little ones are living
in filth and squalor. The recommends
ton was concurred in.