The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-03-07
BAzILLE HEIRS ASK
RIGHT TO SUE STATE
First Step Made i'm Effort to
Recover Old Capitol
Site

The Minnesota legislature will be
asked today to name a commission to
investigate the merits of the claim OF
the heirs of the late Charles BaZille to
the site of the old state capitol.
A bill will be introduced at the same
time comforting the right on the Ba-
lille heirs to sue the state to recover
possession of the valuable square &C.
cupied by the old capitol.
The resolution and bill were pre-
scented to the Ramsey county delega-
ton yesterday afternoon by Probate
Judge Z. w. Bazille of St. Paul, one
of the heirs to his fathers estate.
Judge Bazille made an extended state
ment of the conditions under which his
father in 1851 donated the land to the
territory of Minnesota for capitol pur-
poses.
He explained that the tract known
as block 6, Bazille and Guerin's addi-
ton to the town of st. Paul was deed
ed for a consideration of 81 to the ter
ritory for capitol site. The elder Ba-
lille was a man unlettered in the law.
His son said that when Alexander Will
kin, attorney for the commission
named to locate the three big state
buildings, including the capitol, the
penitentiary and the state university,
refused to accept a deed containing a
reversion clause that should the land
cease to be used for capitol purposes
it should go to its original owner, Mr..
Bazille did not insist and executed
new deed without the reversion clause
in it.
One Living Witness
Judge Bazille said that the late Gov.
Ramsey, who was familiar with the
transaction, had told him prior to his
death that it was always understood
that the site was to revert to the donor
whenever the capitol should be used
for other purposes, and William Pitt
Murray, who drew the original deed.
and who executed and acknowledged
1t, was ready to testify now to the
same effect. Mr.. Murray is the only
living witness to the transaction, and
he explains that the reason the COM
mission insisted on the omission of the
reverSion clause was that the general
government refused to appropriate
$4,000 for the building to occupy the
site unless the deed was made without
conditions. The existence of a COM
munication, written at that time by
the elder BaZille to the commission,
setting forth his position, was men
toned by Judge Bazille, but he said it
had not been found up to the present
time. Judge Bazille desired that i'm
mediate action be taken that the tes-
timony of Mr.. Murray be perpetuated.
He said that all the heirs wished was
an opportunity to prove in the courts
their claim; if they were shown to
have no legal rights they would be sat
isfied; they wanted no compromise. He
presented copy of the original deed
and a copy of the official proceedings
OF the old territorial capitol commits
sion.
One of the principal points in the
contention of the heirs is that the orig
inal deed gave the property to the gov
ernor in trust for the legislature and
the Bazille heirs declare they have adj
vice from eminent st. Paul lawyers
that this trust feature makes void the
deed.
Delegation Agrees
The resolution, which was later
unanimously agreed to by the delega-
ton, asks for the appointment of a
commission of three by the house and
two by the senate to investigate the
merits of the claims of the Bazille heirs
TO the aid capitol site. The senate is
asked to name two members of the
commission, and it is to report within
twenty days.
The bill accompanying the resolu-
ton contemplates the return of the
old capitol by June 1, 1906. The heirs
named as the beneficiaries are John A.
Bazille, Celina B. Dansereau, Mary A.
Carlln, Nellie Stone Bazille, Edward
w. Bazille, Charles Bazille, Anna B.
LIE Febvre, William j. Bazille and
Emily 3. Durocher.
In the delegation there was no on
position to the purpose of the resolu-
ton. The bill is simply introduced as
a basis for suit. for without legisla-
tive permission the heirs cannot sue
the state 1t will be referred to a
committee and will await the report of
the commission