The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1935-11-07
VIRGINIA UP
Continued From Page One0

in the population centerS Of North
eastern Minnesota; that the law makes
no provision for purchase of land and
is therefore unconstitutional; that an
initial saving of $225 900 in building
costs could have been made by select
ing the Virginia site; that the law is
an omnibus bill without being so de-
signated and is therefore unconstitu-
tional; and that the law creating the
site commission violates section 4, ar
ticle of the state constitution which
places in the governor the powers to
appoint the members of such a COM
mission.
The complaint also alleges that the
Moose Lake site is undesirable and does
not constitute good agricultural land
and is not a population center of North
eastern Minnesota or in Northeastern
Minnesota; and that it is claimed by
owners of the land that they are being
forced by the Moose Lake Commercial
club to give options on their property
for less than the market value thereo;
and are being forced from the vicinity
of Moose Lake without receiving ade-
quate compensation for their homes and
land.
It further alleged that the commits
sions survey for the selecting of site
appears to be nothing more than a
gesture and from all intents and pur-
poses was nothing but a pleasure jaunt;
| that the members of the commission
had their minds made up to select q
site in Carlton county before making
any survey of the proposed sites; and
that their action in selecting the Moose
Lake site in view of the additional costs
to be incurred amounts to fraud upon
the state and its taxpayers. :
1t is expected that Attorney General
Harry H. Peterson will appear at the
Duluth hearing in behalf of the board
of control. !
| The complete complaint follows: /;
/ 1. That during all the times herein
mentioned plaintiff was and still is q
resident, freeholder and taxpayer 81
the State of Minnesota and that he
brings this action on his own behalf
and on behalf of all other citizens, resi-
dents and taxpayers of Minnesota.
g. That the defendants L. G. Foley,
Blanche L. LaDu, G. R. Carlgren and
Downer Mullen are members o. and
constitute the State Board of Control Of
the State of Minnesota.
! g. That Chapter 1893 of the Laws of
1885 provides for state hospital site
commission consisting of five members
two to be appointed by the Governor
two to be appointed by the executive
council, and the four so chosen 10 select
a fifth commissioner.
1 4. That pursuant to said law, the
executive council selected Frank Clague
and P. o. Holland, and the Governor
selected Rebecca Peterson and Oliver
selected j. F. Fahey as the fifth men,
Der of said commission, which CON-
missions duty was to select site fol
another state hospital for insane in
some place in northeastern Minneso.a
as set forth in section of Chapter
1888, Laws of 1885,
i s. That Chapter 1888 of the Laws Of
1885 authorized the State Board Of
Control to cause to be erected on said
site a state hospital for insane.
4 6. That the only mandatory duty
on said site commission was to selecl
a site for said hospital in northeastern
Minnesota, and which it failed to do;
that said commission deliberately mis-
informed taxpayers and communities as
to what it would require for site fol
the hospital, and when suggestions OF
demands of the commission were full
filled, new excuses were advanced to the
communities which offered sites for the
consideration of the commission.
Z. That the location selected by said
commission as a site for said hospita!
is undesirable and does not constitute
good agricultural land and does not
comply with the law, and will require
the expenditure of thousands of dollars
in the construction of a power plant and
a sewage disposal plant, which expendi-
ture could have been saved for the tax
payers had the commission selected the
site proposed by the City of Virginia
wherein there would have been an in
itial saving of approximately $225, 10000;
that the legal Interpretation of Chapter
1888, Laws of 1885, must of necessity
mean that said hospital should be 10
Gated in northeastern Minnesota in the
population centers thereof That the
location selected by said commission
is not a population center of north
eastern Minnesota or in northeastern
Minnesota.
8. That said Chapter 383 of the Laws
of 1895 makes no provision for the pur-
chase of said land on which to locate
said hospital and therefore is uncon-
stitutional and void.
9. That it appears from the report
of said commission that the estimated
cost of the land proposed for said hos
pital will amount to $78, $4,000, and that
the Moose Lake Commercial club has
agreed to underwrite $11, $50 of said
amount, leaving the net cost SCI, 500;
that it is claimed by owners of said land
that they were forced by the Moose
Lake Commercial club to give options
market Value thereof and are being
j forced from the vicinity of Moose Lake
without receiving adequate compensa-
ton for their homes and land
j 10. That the commissions survey for
the selecting of said site appears to be
nothing more than gesture on its part
visiting the different communities in
northeastern Minnesota and utterly
failing to consider the advantages SUBJ
mitted by the communities and in
dividuals as possible sites for the To-