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An important case is now pending between the Boston Park commissioners and the President and Fellows of Harvard College. The trouble arose from an attempt by the Commissioners to seize a tract of land belonging to the Bussey Institution farm for use as a public playground. The attorney for Harvard at once filed a petition for a writ of certiorari to stop the proceeding; but on April 25 Judge Barker, of the Supreme Court of Massachusetts, declined to issue the writ and dismissed the petition.
Judge Barker did not consider his decision as necessarily final, however; for later he referred the case to the Supreme Court of Petitions, where it will be heard at the next sitting, some time in November. A friendly adjustment may be made before that time by mutual agreement of the parties involved, though it is doubtful whether the commissioners will withdraw from their present position. If the case is finally determined in favor of the commissioners they will of course have to pay for the land at its full valuation of $89,000; but this result will be far from satisfactory to the College as there are strong reasons for wishing to retain the property. The case is one of four or five in which the College is interested, and nearly all of them are disputes in regard to land.
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