The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1880-10-09

the title to the lots embraced In the patent,
including ofcourse the whole of block eleven
u1) in the original town of Ottawa.
BY Sec. 10, of an act of the General Assem-
bly, approved January Is, 1881, to create and
organize certain counties therein named, wiz:
the counties of Cook and La Salle) 1t was
enacted, that the public buildings at Chicago
should be erected on the public square as
laid off by the canal commissioners on the
south side OF the Chicago river, and on the
puJlic square did of at Ottara on the north
side Of the Illinois river and by section
eleven of the same act It was provided, That
IT the canal commissioners should make any
donations of lots tor the erection Of public
buildings at Ottawa and Chicago to the
county commissioners, it should be the duty
of the commissioners to sell the same when.
ever they might think best, and apply the
proceeds thereof to the erection of court
house and jail at SAID county seats respect
lively.
BY Sec. one, Of an act of the General AS
sembly approved Feb 23, 1S41. entitled "An
act IN relation to the public square IN the
original town OF Ottawa" all sales before
then made by the county commissioners of
lots and parts of lots in block eleven of the
original town were thereby assumed to be
ratified and confirmed and declared good and
valid in law or equity, any act heretofore
passed or any map or record declaring or
describing said block as public square to
the contrary notwithstanding; and by sec
ton two of the same act 1t is provided that
50 much of said block eleven as remained
unsold, being the uest half of the same.
should be and remain apuIlic square,
I. From all the sources of information at
present accessible to me, think 1t sufficient
ly appears not only from what purports to
be certified copy of the original plat Of the
town of Ottawa made by the canal commits
sioners and filed for record Sept. 2, 1880;
and from the patent issued by the governor
TO the county commissioners on the 18th day
of July, 1881, that no public square" or
other 'public ground" was granted to the
county commissioners which embraced any
part of block eleven or any portion of the
premises granted. My attention has been
called to aplat of the original town Of Otta-
wa recorded in the recorders office of La
Sale county, wherein the south half of block
eleven Is designated as a public square"
but the certificate attached shows that this
plat was certified by two of the canal COM
mlssioners after the expiration of their term
of Office, and attach no Importance to this
plat as an official document.
2. That after the donation by the canal
commissioners, and the issue of the patent
by the governor, in pursuance of the act
above referred to, whereby the county COM
missioners were vested with the fee of the
lots in trust for the county with the absolute
pOner Of disposal thereof it was not compe-
tent for the Legislature to declare, as itassum-
ed to do by the act of Feb. %, 1S41, that the
toest hdlf of block eleven SHOULD be and re-
IN ha
block having once passed to the county COM
missIoners, the state could not, by simple
act of the legislature, resume control over it
and appropriate it to public use, any more
than 1t could by simple legislation appropri-
ate any Of the other lots sold by county COM
mlssloners to private parties.
8. But it was entirely competent tor the
Legislature to designate the tract of ground
upon which the county buildings should be
located, and while at the time OF the passage
of the act of Feb Is, 1881, it was not true as
therein reCited and assumed that "public
square" in legal sense had been "ldid of
at Ottawa, north of the Illinois rlver;" yet
if it is susceptible of proof that when the
Legislature passed that act, block eleven was
commonly known as the public square,"
and was so recognized by the public author
tiles of the county, and SO VIGOROUSLY known
and considered by the general public as to
render it sufficiently certain that the legisla
ture in specifying the public square thereby
intended block eleven as the particular place
whereon the county buildings should be To-
Gated, and such designation and location was
acqulesed in by the county authorities and
the general public, the designation was
sufficiently explicit to give effect to the act
and authorize the erection of the county
buildings thereon, although no portion Of
block eleven was in technical sense pub
lie square. In view of the fact that the west
half Of block eleven, although subdvided in
TO lots, had not been sold by the county COM
mlssioners but was retained IN a compact
form, and of the subsequent action of the
county commissioners, as shown by trans
cript of their proceedings at meeting held
on the Sth of March, 1889, which has been
submitted to US for inspection, a very strong
presumption arises, to say the least, that
when the Legislature provided that the coun.
ty buildings should be located on the pub,
lie square," they intended them to be located
on block eleven, although they enormously
assumed that "p bic square" had been
laid off" north of the Illinois river. How.
ever, this is question of fact which | can.
not assume to determine.
f. | am unable to find that tho act of
January 10, 1881 has been repealed by any
subsequent legislation, On the contrary, by
section 3 of an act in relation to sites for
county buildings, approved March I'd, 1915,
laws IS, PIP go this act OF 1881 Is recog.
niZed as an existing law III force and it is
therein provided that the act of 1915 shall
not operate to repeal 1t or authorize change
Of site or location of the public buildings as
fixed or located by or under the last men
toned act'
5. In view of the foregoing facts and the
legislation upon the subject from time to time,
and the recognition of the law of 1881 by the
General Assembly in the Act of 1875, am of
The opinion that the Board of Supervisors can.
not now change the location of the county
buildings without legislative authority so to
do provided as matter of fact. the identify