The daily Argus., 1875-11-17

preme court on the case in regard to the
removing of the corporate buildings Of
Princeville to square which had been
used as pleasure grounds for many years.
The removal was enjoined by citizens in-
terested, and was tried before Justice
Cochran, and the injunction made perpet-
ual:
The Village of Princeville, Error
Peter Anten, etal. Peoria.
Opinion Of the Court by Justice Scott:
The bill was to enioin the village board
Of trustees from moving the town hall from
its present site and placing it on what is
called the square" or public square"
The original town of Princeville was laid
out in 1887. No division was made of the
center block, 1t does not appear to have
been divided into lots as other blocks were.
1t was left blank. The deputy surveyor,
in his certificate, gives the front and
depth measures Of lots fronting on the
square" and gives the dimensions in feet
of he'public square" Phillips, the coun-
ty surveyor, simply certifes the plat is cor
rect. The proprietors make their certifi-
cate as to the correctness of the plat made
by the county surveyor, and that the
streets and alleys are of the size set forth
in the plat" By reference to the plat it
will be observed that neither the size of
the lots, nor the width Of the streets or al
leys are indicated in any way upon it. No
allusion is made to any square" OF pub
lie square" except in the certificate of the
deputy surveyor, who, perhaps, performed
the labor in making the original survey.
1t is proven that the proprietors of the
town recognized the blank square as pub
lie ground, and sold lots fronting on it for
an enhanced price. Whether the propri
etors, in making their certificate, shall be
regarded as having adopted the certificate
of the deputy surveyor, the legal effect of
what they did was an incomplete statutory
dedication of that block of land to the pub
lie. 1t would certainly constitute a dedi-
cation at common law. Had the plat been
in conformity with the provisions cf the
statute then in force, it would have oper-
ated as effectually as deed would have
done to convey the title of the streets, al.
leys and public grounds in the corporation
thereafter to be formed.
Neither the plat nor any of the certif-
actes accompanying it. express any limita-
ton or condition as to the future use of
the block designated as a public square,
nor indicate in what manner the public
may enjoy it. One of the proprietors, in
his testimony, taken at the hearing, says
the land comprised in the block originally
belonged to him. that it was the intention
that it should forever remain an open
square as beauty, convenience and
charm to a country village" and that it
was with that view lots fronting on it were
sold for an enhanced price. Had this in
tentiou been expressed on the plat or even
in the contemporaneous certificates, it is
clear, on principle and authority, that the
the village trustees could not lawfully ap
propriate it to any other public use, II
would haye been an abuse of the trust, re-
posed in them, that the property might
be preserved for the uses intended by the
donors.
Assuming, as we do, that there was a
dedication of this square to the public, au
important question arises: With what in.
tention was the grant made?
The purpose of the grantors was not
manifested by the town plat, nor by any
contemp5raneous written instrument
Shall we presume, as conclusion of law
that it was for any purpose? Or, shall We
assume, in the absence of any explanatory
word, that it was the intention of the
grantors that the corporate authorities
when they came into existence, shoulc
have the unrestricted control2 Orshall w
conclude that it was for site for building
and Offices for the transaction of municipa
affairs? Or shall we hold the dedication O
public grounds, in the midst of country
yillage-no contrary intention being mani
fested-w for park purposes or pleasure
grounds, in which all the inhabitants o
the village should have common interest
No usage prevails in this state, so far a
we know, that would throw any light OF
the subject of our inquiries.
In Pennsylvania it has been held thu h
usage in that state which bc.s "a,
quired the consistence of law" the count
has light to erect its cour'C house on n
public square in all shir G towns, [Com
Bo,oman, ct al, Pct. State r., 2O2.
mat usage fJ a limited extent, prevail
IN TINS state Sut we are not PREPARED to sa
IL mas mas ACQUIRED the force of law.
mere there is no express grant to tn
county, it certainly can not erect publ
buildings on the square, unless authorize
so to do by custom of the country, {
usage to which all citizens arc willing
submit as to positive enactment.
county has no inherent right to appropr
ate the exclusive use of property not dee
icated expressly to it. but to the publ
or citizens generally, 1t has no mo,
right than an individual to prevent {
disturb the enjoyment of the inhabitant
In any public grounds dedicated to the
use.
We are not aware that custom ,
usage prevails anywhere, even in stat,
where the usage as to court houses obtain
that city or village authorities may ere,
town hall or other public buildings upc
public grounds donated to public use,
the absence of any special declaration COZ
terrlng the privilege.
This Is not county town and we al
not authorized to assume that j. was in II
contemplation of the dedi, Gators that tn
block OF, ground was to be for site f
pubic Oulluln@Gs IS for the use Of the nun
oipal OS oinOT as. 1t is a more reasonable CO
eiuS' al that it was dedicated with vie
60 park purposes, to be ornamented ar
made a pleasure ground in the midst
the village. If we are permitted to dra
any conclusion we think the latter is mo
consistent with the acts of the parties al
more in harmony with such usages as ha
obtained in the country.
Ever since the town was laid out Il
square has remained unoccupied. An {
fort at one time was made to locate Il
town school house upon it, but the me;
ure was defeated by the earnest protest
citizens interested, The village Office
had purchased lots in another part of {
town, on which there were situated t
town hall and calaboose. Although me
than third of century has expired,
was not until recently that the corpors