Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-02-04
Opinion of VI. NJ. Strong
Relating to the Title the Public Square
in the City Of Mineral Point

Relating to the Title ofthe Public Square
in the CITY Of Mineral Point.
To his Honor JOHN BRAcKEN, Ex-Oficio
| Mayor of the city of Mineral Point:
Having been officially requested by you
to give my legal opinion in relation to the
| tract of ground in said City, commonly
known as the public square and upon
! which the buildings are situated, that we're
used for holding the courts of the county,
and for the Offices of the county officers
until the first ofJuly last and that wod
furnish such opinion in writing, | have
investigated the subject as thoroughly as
time would admit, and herewith submit
the result of that investigation, and the
facts and reasoning upon which it is foun-
ded
The tract of ground in question is a
part ofthe south west quarter ofthe south
east quarter of Section 81 Town Range
| 3 East. Prior to and until the 2nd day Of
July 1886, the entire title TO this tract of
| land was vested IN the United States, the
| ! Section of which it formed a part, hay
ing been reserved from sale by the prop
er officers of the United States on account
of its being mineral ground, being the
section upon which Mineral Point" so
called was, which contained very large
deposits of lead ore, and which gave its
name 10 the little hamlet near it, now a
| city of :, 900 inhabitants.
| On the I'd Of July 1886, Congress pass
ed an act from which L will make such
quotations as think have any bearing on
the question under consideration
''That the tracts of land in the terrific
''ry of Wisconsin including the towns of
'Fort Madison and Burlington in the Co
'of Des NIoines, Belleview, Dubuque and
''Fcru in the county of Dubuque. and Min
"eral Point in the County of Iowa, shall
'under the direction of the Surveyor Gen
| 'eral of the public lands be laid off into
town lots, streets, avenues, and the lots
for public use called public squares, and
into out lots, having regard to the lots
"and streets already surveyed, of such
| manner and of such dimensions as he
''shall think proper for the public good
| ''and equitable rights of the settlers and
occupants of said towns
''Proci1ed, The tracts of land so to be
| "laid of into town lots, &c, shall not ex-
''ceed the quantity of one entire section,
! "nor the town lots one half an acre, nor
| ''shall the out lots exceed the quantity of
-four acres each, and
"Prouided further, That quantity of
''of land OF proper width on the river
blanks at the towns of Fort Madison
| "Belleview, Burlington, Dubuque and Pc
| ''ru, AMI running with the said rivers, the
whole length of said towns, shall be re
''serUed from sale, Gas shall also the pub
sic s9Udres) tor pu5iic use and remain
| '.torerer for public use, end as public high
',oays, and for other public uses"
By an act of Congress approved March
Sd, 1887, the duties which by the act of
| July I'd 1886 devolved upon the Surveyor
General, were transferred to a board of
3 Commissioners to be appointed by the
| President of the United States, with a
"Proriso, That the action of the Com
| ''missioners appointed under the present
'act shall not interfere with anv of the
acts performed by the Surveyor General
''prior to the time of the passage hereof,
ain pursuance of instructions under the
"act TO which this is amendatory.
The act of March 1887 further confer
red upon the Board of Commissioners iu-
dicial powers to decide upon the pre-em-
ton claims under the two acts, and to
grant certificates in favor of the persons
entitled to the rights of pre-emption: and
upon the Register and Receiver of the
/ Land Offices of the respective Districts
| In which the lands were situated the same
rights and duties in reference to the sale
/ Of said lots issuing certificates therefor as
ware conferred on them in reference to
the public lands generally. And it re-
quired them to 'expose the residue of the
'lots (not thus disposed of by pre-emption)
ito public sale to the highest bidder alter
| advertising the same in three public
| newspapers, at least three months prior
''to the day Of sale, in the same manner
''as is provided for the sale of public lands
! ''in other cases; and after paying the
| commissioners the compensation hereaf
"ter allowed them and all other expenses
incident to the said survey and sale, the
| receiver Of the land Office shall pay over
''the residue of the money he may have
| received from the sale of lots aforesaid,
''by pre-emption as well as public auction,
Unto the hands of the trustees Of the re
''spectiye towns aforesaid, to be expended
| by them in the erection of public build
| ''ings &c"
The Legislature of the Territory of
Wisconsin passed an act entitled "An act
t. incorporate the inhabitants of such
towns as wish to be incorporated Ap-
proved Dec 6 1886 By the provisions
of this act, it was made lawful for the
white male inhabitants over the age of
twenty-one years being residents of any
town or village of any number of dwell
ings situated contiguous and convenient
for such purposes containing not less than
800 persons, to assemble themselves to
gether and by pursuing the course point
ed out in the law to become body corpo-
rate and polite.
BY virtue of the authority of this act
of the Legislature the inhabitants of the
town of Mineral Point, which contained
the requisite number of persons, having
taken all the necessary preliminary steps
prescribed by the law. became regularly
organized a. a body corporate and polite