State v. Waddell
| Decision Date | 05 May 1892 |
| Parties | State of Minnesota v. C. B. Waddell |
| Court | Minnesota Supreme Court |
April 26, 1892, Argued
Appeal by defendant, C. B. Waddell, from the judgment of the Municipal Court of the city of Minneapolis, Mahoney, J entered October 8, 1891.
Complaint was made October 1, 1891, by J. Cousineau, that defendant on that day drove a team and lumber wagon along Hennepin Avenue Boulevard, from Douglass Avenue to Eighteenth Street contrary to section twelve (12) of an ordinance of the Board of Park Commissioners adopted June 25, 1887. A warrant was issued, and he was arrested and brought before the Municipal Court, where he pleaded not guilty. On the trial he admitted that on that day he had brought a load of produce from his farm to the city and sold it. On his return, he was driving in his empty wagon along the avenue between Lyndale Avenue and Lake Street when he was arrested. This part of Hennepin Avenue had been for twenty-five years prior to May 3, 1884, a public highway sixty-six feet wide. On that day the Board of Park Commissioners of the city designated it as a parkway eighty-eight feet wide, and procured deeds from the owners of a strip of land eleven feet wide on each side, and graded and improved the avenue as thus enlarged. Defendant was found guilty and fined five dollars. He appealed from the judgment.
Judgment reversed.
Young & Nye, for appellant.
B. B Clay, for respondent.
Sp Laws 1883, ch. 281, provided for a system of public parks and parkways in the city of Minneapolis. Section two (2) authorized the commissioners appointed by the act "to devise and adopt a system of public parks and parkways within the limits of, and for the use of, the city of Minneapolis; to designate the lands and grounds to be used and appropriated for such purposes; to cause the same to be surveyed, platted, and a plat thereof to be filed in the office of the city engineer; and upon obtaining title or the right of possession to the same, or any part thereof, to take possession of, hold, govern, and administer the same, and to lay out and improve the same, according to such plan as the said board may adopt for such purposes." In the following sections were provisions for obtaining title to the lands by gift, devise, purchase, lease, or condemnation. Section eight (8) provided: "It shall be lawful for said board of commissioners to vacate and close up any and all roads and highways, excepting railroads which may pass through, divide, or separate any lands selected or appropriated by it for the purpose of parks," and no such road, highway, or railroad shall be laid out through said parks, or any of them, except as the said board of...
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