Arizona republican., 1919-07-10
"BIock e2"

This is only the view of a layman concerning the action that has been brought enon the trans fer of title to the Central School block private interests so'tha it shall longer be used for school purposes, in the that it shall be occupied by school buildings and that a school shall be actually maintained there.
 What is back of the suit is immateria The purpose to enjoin hotel competition in a town in which there is urgent need of additional hotel facilities rather than to enjon the transfer of the property has nothing to do with the law in the
 The suit rests on expression in the deed of trust which placed the property under the control the original school trustees for school purposes said school district No. l. and not to be for any other purpose whatsoever"
 There two things to be taken consideration the meaning of flor school purposes public policy before which everything else generally yields
 grant for school purposes does not necessarily require that the ground shall be occupied by school buildings that a school shall actually be main tained thereon In all the states there are certain subdivisions of land known school sections which are intended for the support of public schools and be diverted to other use The rents from them 20 into school funds and they may be finally sold and pass of the of the school authorities Yet they have forever fulfilled the purpose in the srant in having contributed the school fund which, in the nature of things is permanent nexhaustibe fund So long as the system endures the fund is and must be there
 No doubt that Block 92 will much better school purposes when than it could do occupied school building. Ten years ago the property estimated to be worth ssOOOO;; it was then recognized that it becoming too valuable to remain a school site It is under a contract of sale for more than quarter of a million dollars of which the school district is sorely in need con- siderable part of that has already been paid The worst that could possibly be made of the Central school block for school purposes" would be to throw it back upon the trustees, to be held in perpetuy by their successors in office.
 Now to the matter of public policy We may inquire into the effect of the of the property It would be benefit to every taxpayer in the dis rict If the district deprived of the sale price of it, s25oooo it would to raise that amount by additional taxation by issuing additional bonds in that amount. additional burden that would be felt in degree by every citizen not only by tax payers for taxpayers notoriousy shift as much of their burden possible upon those who pay rent And who would be benefited if the sale the prop erty could be prevented? Only those who desire to maintain monopoly of the hotel business
 Under the head of public policy we may consider the similarity of the Central school block as school site. That it had long since become unsuitable has been generally agreed upon Encroached upon by the business district, it becoming more and more from the residence district Increasing traffic on all sides adding to the peril of children who were sent there and the of whom had to travel long distance. There is hardly child of school age living within half dozen blocks of it on the south or within two blocks on the west, and very few within radius of blocks on the north We may pass the character of the old school build ing which is frerap and past the stage of rehabili- tAtion. The block could become usabe as a school site only at expense of at s2oOOOO for mod srn building
 The same provision as to the use of the property for school purposes and mot to be used for any other purpose appears in the trust conveying the West End school block at the of Madison and Seventh street. Yet, years ago long before the sale of the property, that abandoned because or the unsuitability of it a school site with the railroad yards abutting upon it. The continued use of it as school site would have been dangerous and criminal.
 Deeds containing restrictions (and we do not believe this trust deed contains restriction to the use of Block 92 as actual school site) have gener- ally been found not to be impregnabe Such pro- visions must always yield to changing conditions as the courts have frequently held One may be bound by deed to erect residence if he erects one at all, costing not less than fixed sum- The character of that section may be changed that it's exclusive ness is lost, when the condition if it ever was of effect, ceases to be.
 We do not think that the plaintiff in this case the interests behind him. entertain the slightest hope that the transfer of the property be ulti- nately prevented. The most that can be expected is that delay will be nterposed and that the hotel project will be broken up. We do think that will result. The in this proposed enterprse are so