The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1935-11-07

the Religious Landmarks committee in
charge OF the program. The latter
committee Is composed Of H. r. Browne,
chairman, B. J. Agnew, Charles
Strachan and Sigurd Olson.
to the three largest cities of
the state.
IL. That their actions in selecting
the so-called Moose Lake site in view
of the additional cost that will be in
CURED by the state in building hos
pital on this site, over and above the
cost of building ON other available sites
and the excessive cost Of the land,
amount to a fraud upon the State of
Minnesota and the taxpayers Of said
state.
Is. That under the statutes OF this
state the executive council has no
authority to appoint oficials to select a
site for public buildings and Chapter
383 of the Laws Of 1895, which has at
tempted to delegate said power to the
executive council, which Is foreign to
the duties and functions Of the execu-
tive council, Is therefore unconstitu-
tional.
IA. That the State Board OF Control
has no power to select the site for said
hospital under said Chapter 383 Of the
Laws OF 1885 and therefore said law is
unconstitutional.
is. That the legislature, by the pass
ing OF Chapter 383, Laws OF 1885, with
held the power from all governmental
agencies and departments of the state
government to select site for the con-
struction Of said hospital and therefore
said law Is unconstitutional.
l6. That the governmental functions
of the State Of Minnesota are divided,
and separate authority is given to the
judicial, executive and legislative de-
partments. and the powers and func-
tons OF one department can not be
delegated to the other. and 1t Is neces-
.sary for the protection OF each depart
Iment that there be no encroachment
upon its power and duties by the other.
II. That the power to appoint said
site commission belongs to one or the
other Of said departments of govern
ment and can not be delegated to
others, and said Chapter 383, Laws OF
1885, is therefore unconstitutional.
Is. That the power to appoint and
the appointment Of said commission to
select said site for said hospital properly
belongs to the executive branch of the
government and Is purely an executive
function, and by taking that power
away from the proper agency or depart
ment Of government said law is rem
dered unconstitutional and void
10. That said law violates section
"A, Article S OF the state constitution,
which places in the Governor the power
to appoint the members Of said site
commission. and therefore, said law is
Unconstitutional.
20. That Chapter 383. Laws Of 1895,
violates section n. Article 4 of the
state constitution, which provides that
no law shall embrace more than one
subject. which shall be expressed in
its title, and therefore, said law is
unconstitutional.
81. That Chapter 3a3. Laws of 1885,
is an omnibus bill without being so
designated in the title, and therefore
lis unconstitutional.
%. That Chapter 383, Laws OF 1895,
is unconstitutional for the reason that
the legislature delegated to two ap-
pointees Of the Governor and two ap-
pointees Of the executive council the
power to choose an officer or fifth MEM
Der Of commission to act with them
to compose commission Of five to
select site for the building OF a pub
lie institution Of this state.
%. That II said hospital Is erected
on the present site It would constitute
a fraud upon the people Of the State of
Minnesota and the taxpayers therein
for the reason that said hospital could
be built elsewhere at q saving of
81, 100, 10000 in the cost of the con-
struction Of public buildings and on &C
count Of the loss Of the federal grant
in selecting the Moose Lake area as the
site for said institution.
"a. That the only action taken so far
is the filing Of the report Of the site
commission and the appraisal made by
the Rural Credit Bureau; that the State
Board OF Control has not purchased any
land and no buildings have been con-
structed ON said property, but the de-
PENDANTS herein have threatened to
proceed. and unless restrained, will pro-
coed to purchase land on which to
build said hospital and to construct the
insane hospital on said proposed site
without authority Of the law.
Is. That unless defendants, and each
Of them. be restrained by this Court
from proceeding with the purchasing
Of said land and the building of said
buildings for said hospital, irreparable
loss and damage will be suffered by the
State Of Minnesota, by this plaintiff,
and by all other taxpayers Of the state;
that there Is no adequate remedy at
law.
WHEREAS, plaintiff prays the de-
cree and judgment OF said Court:
l. That said defendants. l. G. Foley,
Blanche L. LaDu, G.. r. Carlgren and
Downer Mullen. as such members OF the
State Board Of Control, and each OF
them. and all persons acting under
them, or any Of them, or for or In their
behalf or Independent thereof, be en-
joined during the tendency OF this
action from proceeding with the pur-
chasing Of said land and or buildings
or hospital thereon.
2. That plaintiff have such other and