Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-01-07

Hon. James Il. KnoWlton,
On the Title Of the Court House
Square at Mineral Point.

Square at Mineral Point.
To Hon. L. W. JOINER Having been
requested by you, IN behalf OF Iowa
County, 10 give my opinion as TO the title
10 the lot, or square of ground. in the
City of Mineral Point, upon which stand
the stone Court House aud County Office
building, | now proceed to do so:
This property is claimed TO be own
ed by the City of Mineral Point, and By
Iowa County. The question, therefore,
is which, if either, is the owner.
| will first state the facts, and copy
Con gressional enactments, SO far as ma
terial to a solution of the question pre-
sented.
The tract of land is part Of the South
West quarter of the South East quarter
of Section 81, Township Five, Of Range
Three, Eisl.
On the ID day Of July, 1896. Congress
passed an acs providing as follows =
That the tract of land in the Territory
of Wisconsin, Including the towns OF
Fort Madison and Burlington in the
County of Des Moines BelvIew, Du-
buque and Peru in the County Of Du-
buque and Mineral Point in the County
Of Iowa, shall, under the direction of the
Surveyor General of tue public lands, be
laid off into town lots, streets, avenues,
and into out lots; having regard to the
lots and streets already surveyed, in such
manner and Of such dimensions as be
shall think proper for the public good
aud the equitable rights of the settlers
and occupants of the said towns. Pro-
cided. The tracts of land so to be laid out
into town lots, &C.. shall not exceed the
quantity Of one entire section, nor snail
he out lots exceed the quantity of four
acres each And proUided further. That
a quantity Of proper width on the river
banks at the towns of Fort Madison,
Belview, Burlington, Dubuque and Peru,
and running with said river the whole
length of said towns, shall be reserced
from sale, as shall also the public squaresl
fer public use, and remain f0rerer tOr
public use as public highways, and for
other public use"
By another act approved March Sd,
1887, it is provided that AL acts and
duties required TO be done and performs
ed by the Surveyor General of the Terri
tory of Wisconsin. under the act (of July
1867 to which this Is an amendment,
shall be done by board of commission
ers three in number, any two Ut whom
ahall be quorum to do business. Said
Commissioners to be appointed by the
President of the United States and shall
previous to their entering upon
the discharge of their duties, take
oath or affirmation To perform the same
faithfully and impartially /; Provided,
That the action of tae commissioners app
pointed under the present act shall hot
interfere with any of the acts performed
by the Surveyor General, prior to the
passage hereof, in pursuance OF Instruc-
Uuns under the act to which this Is
ameudatory." Then follows section
as to pre- emptiOn.
SEC 3 And be it further enacted,
That the proper register and receiver OF
publ ic moneys, after the board OF Com
missioners have heard and determined
all of the cases of pre-empton under the
act 10 which this is an amendment, shall
erpoSe The residue Of the lots to public
sale to the highest bidder. after advertise
ing 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 publ c land. in other cas>
es; and after paying the Commissioners
the compensation hereafter allowed them,
and all other expenses incidental 10 the
said survey and sale. the receiver OF the
Land Oiite shall pay over the residue OF
the money he may have received from
the sale of lots aforesaid, by pre-emp ion
as we'll as at nubiic auction, into the
hands of the trustees Of the respective
towns aforesaid, tc be expended by them
in the erection Of pubtic buildings, the
construction of suitable wharves, and
10 nj
towns of Fort Madison. Burlington, Bel
view, Dubuque, Peru and Mineral Point"
An act approved December 6, 1886.
passed by the Legislature of the Terri
tory Of Wisconsin. authorized the inhab
itants Of towns (when their number was
equal 10, or exceeded three hundred) to
organize themselves into body corpo'
rate.
On or about the 18th of March, 1887,
the Inhabitants cf Mineral Point organs
lied as provided by this act.
The area of the town embraced the
parcel Of ground now in question. From
the time of this organization some form
of DIV corporate has been maintained
bv the inhabitants Of that place.
Prior to the passage of the act of Cons
gress of July ID, 1886, divers persons c.
cupied little and seperate parcels If the
land subsequently laid out as the )wn of
Mineral Point Some time in 1884, or
1885, Charles Bracken surveyed into lots
and mapped about 80 acres of land en-
bracing the tract now In dispute, and
which tract he designated as Public
Square," This survey was not autEorit>
alive, and is mentioned merely as part OF
the history of the town.
ba nf
toned, a survey and plating of the town
took place, which | shall not detail, Is
the opinion / have formed renders i
quite immaterial. l shalt treat the fac
as though the subsequent surveys were