Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-02-04

public purposses-as village squares
which enure as grants, and is valid with
out any specific grantee IN esss at the time
TO whoever the fee could be conveyed
The title to this tract OF land is thus trans
ferred from the United States to the pub
lie, by the highest and most sacred NUM-
ment that could be employed-an act of
the congress itself Higher than any pat
ent signed BY the President. The act of |
Congress is the set of the principal, while
the deed or patent of the President is but I
the Get Of the agent; an act which in this
case is not only without e::t.hilcrity Of law, !
but IS in direct violation of law, and is
consequently null and void
If it is asked who is the representative
Of this p-Ioiic use Who has the control
Of its Who is to determine how, when,
to what extent, and in what manner the
pubiic are to exercise this right OF public
use? The answer is the same as would
be given to similar questions in reference
to any other public easment or estate IN
which the public has use The rights
Of the public are by the laws OF the state
placed in the keeping, and under the con-
troll of several different descriptions OF
municipal corporations. These are Coun-
ties Towns Cities, Villages and for certain
purposes other inferior quasi corporations
Counties are the representatives and ma.
the control of such ea5ments and pubiic
uses rs are coextensive with the counties,
ard the county board OF Supervisors de-
termine how, when to what extent and IN
what manner the public are to exercise
these rights Of public use The same IS
true Of Towns and Town Supervisors IN
reference to such as are coe AtensIve with
the towns Cities likewise are the repre-
sentatives and have the control OF suci
easements and public uses, as are exclusive
II within the territorial limits OF their mG
Ilicipal Jurisdiction; and tits the province
of the Mayor and Common Council OF the
City to determine how, when, TO what ex-
tent, and in what manner the pubiic ar
10 exercise this right OF public use. 1t L
by virtue Of this general distribution O
municipal powers, as well as Of the pow
ers especially conferred by the City Char
ter. that the Mayor and Common Counci
passes the autl GRITTY ofregulating the pub
lie squares and hence the city actin:
through its recognized authoritiesbecome
the trustee OF ali sucn pubic easement
uses and trusts.
In addition to this, il is worthy Of particu
lar notice, that the towns themselves were b
the act OF Congress already quoted, made tn
benefciaries of these grants and 1T Is not to
much to presume, that Congress intende
that the towns named in the acts maxim
these grants, should take the lands granite
by the acts for public use. The trustees
these towns were required to e1pend the pre-
ceeds of the sales of the lots in the erectio
of public buildings, and it was the intentio
of Congress that they should be erected o
the public squares They could be erecte
nowhere else. All other ground was TO
laid out in lots and sold
On the 18th Of March 1887 the inhabi.ant
- iDf in w he mr..
visions of the act of the Legislature of tt
Territory of Dec. 1886, became body col
porate and polite by the name of the Pres
dent and trustees of the town Of Mineral Poir
and iyso facto the fee of this public square,
already sur7ever, and laid off, and if not whel
ever it should be- vested in, or enured as
grant to this corporation for the uses an
purposes specified in the acts Of Congress E
often referred to.
The conclusion then at which / arrive is
shat the tract of land IN the City OF Mlnert
Point, upon which the public buildings ar
situated that were until the lst day of Jul
last used for holding the courts of the CouI
~, and for the offices of the tounty officer
commonly known as the public square, is hel
and legally and rightfully held, by the cit
of Mineral Point in fee, in trust for publ
use and that it must remain forever for pull
lie use, as public highway and for orler pull
lie uses and be SO held by such rnunicip
corporations shall possess exclusive teri
torial jurisdiction over it. 1t may be adde
that if the county should elect to resume IL
use of the public buildings upon this publ
square, for holding courts and for offices
the county officers, it would undoubtedly |
such public use, comes within the provi
ion of the set of Congress.
MOSES NJ. STRONG.
l,ineral Point, Aug. 81 1861