The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1857-07-13


Having heretofore discussed this matter |
n,eer particulsrly IN regard 10 H. a'sthet,cai
asany.t,. we prulp,c 10 show by reference to
a,sth,,ritics, thu legal character II the ease.
We pr,,ni.cd Yesterday to show that the
,etition Of the seventy to the Common Coun-
iii. embodied a serious error. We based
our conclusion upon the following facts.
The frs, part of the petition that
Main street was extended to the North line
of the Ra,ine---is correct but the succeed
ing assertion that this was never after va
Gated j. Incorrect.
lie Claire'~ lst Addition" t2d) was pr
marty laid of into lots, streets and alleys,
rs is claimed. After holding II awhile, Mr.
H. Claire found that his sale. were not -
rapid as he anticipated that the de
mand could be better answered were the
Addition in its original firm. lie therefor
made an effort Ia have the Addition ssara-
tcdn--or in other words, thrown back into
it, original state. With tLi. view he SCI
cured the passage II the following Law
approved Feb. 18th. ls+4:
BE IL enacted b. hr Council aud House cf
Representatives. y tho Territory n Icsra, That
the several boards Of County Commissioners
I've, and they are hereby empowered 10 rdrafe
hr plat q the surrey u any fora los or eafiofs
In their respective counties. upon the petition
III the owner or owners thereof
Ind P,or.jed further That a certified copy
III the order Of such board Of County Com
missioner. yacalina such town lots or outlots
shail lie recorded Ia the Recorders Office OF
the proper county within thirty DAYS after the
same shall have been naade.-Lars ~ io,ra
SEASON, lsa5. page 81.
Pursuant tn the provisions of this act
Mr. L. Claire presented in January, 1916, a
petition t. the Board &c County Commits
,nners, FIR the vacation of his Addition, the
result nf which We extract from Book ~
Deeds, Letter u. Page I'D
Scorr Co.. JANUARY SESSION orr
corNty COMMISSIONERS.
Upon the petition 81 Ant"in. lie Claire.
owner Of the outlets hereafter mentioned IL II
ordered that The plat II the sartsg II outlets
"a the fonH ~ Darsapo,t--fo rn !! a46 q !
80 ~ II IL ~ II ~ "a - - - - 20 q -
- aud "a, b. and the same are hereby VEGA.
ted yonS {. QrHS, J
As.nrl HunpARr,} 10y
Jons PorE, Clerk
There can be in no mind the slightes,
misunderstanding in regard to the above
the vacation IL the plot IL the survey mean.
ing No more, or less than the abrogation u
| all laying out into lots, lanes, street, or al.
| lcy-. What clse can this order for vacation
| mean Does il mean ~impl, the oblitcra.
tion of lines which divide lot Not at NIL
| lit means exactly this:--thr restoration 81
| the vacated ground to it, original character
nothing else. Ii in the order for vacation
there had been any rescryation--Alains stree,
" sught clsc--the plea might hold that I'll.
>treet had never been vacated. But tlier,
| il none such !; and hence Main street fall
under precisely the same fate that i expc
ricnccd by every lot, line, road or other cha
racteri-tic that distinguished the origna
| survey.
This was by warantee deed conveyed Il,
Mr.. Lc Clare 10 Mr.. Russell, and By him
the lot IL Iowa College, with the full IN
sier-tandinr that Main street was vacated.
We think il needless to 20 further--th,
lagal characteristics of the case are not on,
whit less marked A. iasoring the opponent
Il the road. than tho circumstances &c pub
lie spirit, desire 10 preserve unframed
retreat IL beauty, and the sympathies Of th
entire community
That Main street should be graded an,
macadamxed up 20 the grounds, and ais,
the streets lying to the north and south q
the grounds, we favor most stroncly---bu
mot All inch further ON Main street. Thi
would afford ample convenience To all traye
hither or thithcrw ard--ffam the fact tha
M country travel comc- along Main street
| -EuniH1 AsFs