The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1856-03-22
The New Court House Question.

In giving place to the following communi-
cation, We are unwilling to be understood as
being opposed to the project Of committee
of the board of supervisors to sci! the present
court house square, and to erect new county
buildings, If it em be done legally; but be.
fore the county cmbarks in the scheme, it is
the part of wisdom to be satisfied that there
are no insurmountable legal obstacles in the
way. Our present court house is miserably
insufficient, our jail is a nuiSance-an out
rage and disgrace to the name ; and it would
not only be wise and judicious, but absolute
duty, on the part Of the supervisors, to sell
the present county property for $4,000,
it, and erect new buildings, if the way be-
fore them was clear. But We are strongly
inclined to the belief that the square is in
alicnable-,hat if sale were attempted, it
would at once bcabsolutcly enjoined How.
ever, We have not sufficiently Investigated
the subject to 60 into its merits, and for the
present dismiss it by asking the readers at
tention to the following the author Of which
is n gentleman Of undoubtcd legal attain.
ments, and who has viewed the question
from the light Of the "the books
Mr.. Edfor-Thc mastery manner in
which the late supervisor Of Farm Ridge
precinct disposes of the question of the right
of the board of supervisors to sell the public
square on which the court house stands,
having alarmed some Of the owners of pro-
perty adjacent to the same who are not well
posted as to the facts Of the case, allow Inc
to make few suggestions which will per-
haps relieve such property holders, and may
convince the gentleman who says "therc is
no doubt Of the right" that it would at least
be lnpoIitic to attempt the exercise Of such
right. BY referring to page GO, Book c,
of the records of the county commissioners
court, March Term, A. ID. 1889, the follow
ing entry will be found: The court say,
"lhc west half Of Block IL is the public
square, on which the law requires the court
house to be erected After having proof
and arguments, the court are unanimously
OF the opinion, from repeated acts Of this
court recognizing the west half of said Block
as puJtic square, that it would be unjust
and illegal to locate the court house at any
other point" The report to the board of
in the possession Of the clerk Of tbs board +"
What does this fact prove? 1t proves the
right of the county to make the dedication
&c the public use, acknowledged by the coun-
ty, as above, to have been made as carly as
the year 1882.
Again, the supreme court Of this state say
in the case Of Godfrey rs. The City Of Al.
ton, II III. r., p. 90, say a dedication
is evidenced by acts, and declarations with.
out writing. No particular form being re-
quired to establish its validity, it being
purely question Of intention" No one, |
imagine, will question the intention Of the
acts of our county commissioners, in view
Of the above record.
1t is also within the remembrance Of some
Of our oldest citizens, and the fact can be
abundanty established in n legal way, that,
when the old county board, as far back rs
1888 or 81, undertook to locate the county
buildings, the question was raised as to their
right to build on the puJlic squire, and to
satisfy themselves they despatch Jos. Cloud
then clerk, to Peoria, to examine the re-
cords, who returned with tic information
that the dedication was perfect and the
commissioners thcreupon, before even they
dared venture to take possession Of the
ground TO which the member from Farm
Ridge thinks the title is 50 clear, applied TO
the legislature and had an act passed autho.
raing them 10 occupy the west half Of block
eleven.