The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-08-06
LEGAL STATUS OF LEVEE LEASES
TO BE DETERMINED BY
COURTS
JOHN 3. SANBoRN ORDERS
SHOW CASE COMPANY TO MOVE
Claims as Owner Of Original Title to
Land, He Gave Easement for Levee
Purposes Only and City Had No
Right to Lease It-RaiIroads In
volved.

every levee lease on the West side in
volve the rights of the Great Western
and Omaha roads to much of the land
they occupy on that side of the river,
and return to the original owners the
ground set aside for levee purposes by
legislative enactment is now about to
lind its way into the local and poSSi-
bly, the United States courts.
Last night the West Side Improve
ment association, called together to
protest against the proposed action of
the assembly to revoke the lease of
the Gedney Picking company on the
ground of performance with it's
terms, was informed that John B. San
born, the owner of the ground occu-
pied by the plant of the st. Paul Show
Case company had ordered the firm
to move. He refuses to recognize the
city's right to lease the ground for pur-
poses other than he gave an easement
for, which was for levee use.
What this means, probably only
those who are acquainted with the sit
uatlon when the ground was converted
into a levee by the legislature and
those now located on it, know or real
ize. If the contentious are sustained,
~ A1lCdAIO III plO1I1 WOIOS either the re-
vocation of all leases now in existence
or the return to the original owners of
all the ground taken, more probably
the latter. 1t also means litigation that
will involve the city and every one en-
joying the use of the ground.
TangIe Of Long Standing.
The tangle involving this property
has always been a subject of annoy
ance to the legal department., and
more than one transaction involving
its partition and lease by the council
has been permitted by the attorneys
to go through quietly because of the
snarl that would arise if the quesAabn
of validity was raised. This fact was
also known to several of the firms now
enjoying city leases, which, in order to
be prepared if ever the question was
raised, have been quietly buying up
the original titles.
The Great Western railway is only
involved where it's tracks encroach on
this strip set aside by the legislature
but even this is considerable, and were
1t compelled to move it would be
caused much trouble. The Omaha
railroad is also involved.
Now that Judge Sanborn has taken
steps to demonstrate his right and
ownership to the ground occupied by
city leaseholder, the st. Paul Show
Case company. it is expected others
will do likewise. The refusal of those
now in possession to move will bring
the matter into the courts.
West Side Levee's History.
The history of the West side levee
and its condemnation is a long one
and so involved that few are able to
give a clear statement of the trans
action The city, finding that the
ground had passed its usefulness as a
levee, conceived the idea that it would
make excellent factory sites, and has
for some years been partitioning ii
off on that theory. Those who owned
the land, which originally was a strip
200 feet wide, gave an easement for
levee use, and now they stand good to
compel it's return for violation of
these conditions.
The West Side Improvement asso-
citation, through it's executive commit
tee, last night passed resolution pro-
testing against the proposed action of
the assembly to annul the Gedney
lease. Many of its members will be on
hand tomorrow evening ac the assem-
bly, meeting and give their reasons
why such should not be done.