Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1862-12-18
j. H. Knowlton's Opinion
On Court Hou,e Square at Mineral
Point

No more than one section could be
thus laid ont and sold at either point /;
nor could the storm lots contain more
than half an acre nor the ''oat lois
more than four acres. No limit was
provided as to the size Of the 'l2ts tor
/ public usc" called tie public squares.
1t is worthy of note rdrhaps,~ tirat
these squares are called lots. There
were then three kinds Of lots desigated,
-"lots for public use, = torn lo2s' and
aom lots.7 The word 'Iots'' includes
dH lots by whatever adjective qualified
The act expressly provides, hat''aohem
the survey Of The lots shall be completed,
plat thereof shall be returned to the
Secretary Of the Treasury, and within
six months thereafter tie lots shall be
offered to the Ii chest bidder, at pu6tic
sale, under the direction Of the Presi
dent of the United States, and at such
other times as he shall think proper. !.
1t will be seen, that this applies to all
the lots, there is no exception. 1t is
not declared that the "to,cn tots;' or the
"om lots ! or the "lots for P@bhc use
shall be sold.
There was then, by the language used
the same authority to sell the ~out tots,
that there was to sell storm lots, and
s. ricc reyso, and just the same authority
to sell the lois ior pu5ijc use, as there
was to sell the ''toton lots.
Congress must have understood this
part ol the section as giving authority to
sell all The tots, as we'll as those Jor
puLljc usc, as town and out lots; be
cause, an exception is subsequently made
by proylso, as lol!ows And provided
further, That aqulnt,ty OF proper wldt !
on the river banks, at the towns OF Ioft
hudson. Brjptgu, 3wt;nytoa, l)a5eqQa,
and IcrW, and running with said rivers
the whole length Of said tow 5, shatl be
res roeo from tie Gas shall also thep ub-
lie squares) Tor public use, and rem, j.
forever for public use, as public high
WAYS and for other public uses.
a slight transposition Of the above
language, without any change of mean
ing viii place the point which | shall
presently make, in clear light.
Here is the transrosition.
"And provided further that there
shall be reserved from sale for public
use, and remain forever for public use,
as public highways, and for other public
uses, at the towns of Fort Madison, Bel
view, Burlington, Dubulu lue, and Peru,
quantity Of land Of the proper width
on the river banks and running with
said rivers the whole length ofsaid towns;
as also the public squares.
The point is, that in the first place.
by the general language Of the act 0f'
the tots, were authorized to he sold, but
lin the towns of Fort Madison, Belvlew
Burlington, Dubuque, and Peru, the
public squares, ana Quantity OF land
on the river banks We're reserved from
sale for public iase forever. AS to MN
oral Point, nothing was reseffetf from
sale that was, in the first instance au-
thorized to be solds Mineral Point i
not mentioned in the proviso; and o.
consequence is not toiftiR Il, butts eaf@-
out 1t, and subject to the general worqs
of the act which provides for the sale
of all the lots. In ihis part of the act
Mineral Point is mentioned; and all the
lots therein, were clearly subject to DC
sold.
The acts of the Register and Receiver
of the Mineral Point Land Office, and o.
the President of the United States, ano
in exact accordance with this view oi the
act Of Congress for the former sold thus
square Of land, and the President exc
suted patent therefor
1t by no means follows, that the Oni.
ted States could not sell this square, te
the County of Iowa, or to any other Puf'
Eraser, even admitting that i must ior'
ever remain for public use. But l'
end Of this question is: that 20 part @
he land ,cithin the town plot was re-
! served from sale, but all The t0ts were L
be sold, and no part Of the town W
declaredto be forpablicase. Inc s'ree0
& NtssA l.a.}od IN hl