, 1882-04-01
ApEr.rIos 70 TIE cITY COUNCIL

which the sane will be presented 20 the Ci'y
1 Council at their next regular meeting. IL
apv party or parties alluded to have any an
. sver % make the STATESMAN Will gisdiy
Z find space for any COMMUNICATION they may
see 1T 70 send.
To ii, Hoaorr5Ie, tEs Mayor, and ComHoa
Cguacil o. WaLa Waisa City.
GEx1Lxx,x:-I desire to call your ssten-
! ton TO some matter VIII, n l believe 20 be oi
vital importance, not only to large p'rtioh
OF the property holders of the city. but to
the city itself. And which uill, II not LOOK
ed into aad checked, cause great deal oil
trouble and engenier vast amount ot IL!
Will among the owners of property elected
thereby. TO say nothing OF the expense OF
litigation.
Nov gentleman, in order that you may
fully understand the object OF this eommun-
ieation. | will begin by stating the follow
ing Incontrover;Ible facts, - yit:
The initial point of survey OF the INST
town plat that was put ON record, and
which now comprises portion OF our pre-
sent city, was plain. well defined. and un-
disputed government section corner, located
short distance above where the Exchange
hotel nov stauds, and as a matter OF course,
was IN the south west corner OF the fraction
al lot. in the south west corner OF the aiore-
said Torn Pat. Eventually; |. t. Reese 4
Co, erected store house on thus fractional
lot, on the corner OF Main and Seventh Sts-,
extending their building across the section
lines, both south and west. This would, as
you viii perceive, by an examination OF the
plats on file, completely cover the section
corner referred to above, and leave 1t un-
der the building short distance south OF
Main street. Next comes Bar-ons addition
taking the same section corner for its initia!
point OF survey, and is laid out in strict
conformity to the south line Of the original
town plat Then CONS Reese's addition,
which glance at the plat VIII convince you
that the same section corner was recognized
i'll the survey OF that addition, and was laid
out conforming u the lines Of BarrOns and
Eeeses additions, thus virtually recognizing
the same Sc :tiOn corner And if yonr Hon
ogahie body will take the pains TO lay these
p'ats together, you will see that the streets,
alleys, and outer lines come together as NICE
ly as 4 piece Of cabinet work. This would
seem proof sufficient to establish the loca-
tion OF the crIgin1l section corner. But If
further proof should be deemed necessary,
there are at least twenty living witnesses
who will, If called upon, testify that the or
iginal government corner stood south OF
Main street. Among that number, will be
found the parties who owned the property
on either SIDE of said section corner, and the
carpenters who put up the the store house
mentioned abovs. Nor has there ever been
any question, or dispute about these lines,
until Mr.. Chapman the present city survey
or obtained flor the purpose Of speculation)
from Messrs. Eitz and Whipple, power of
attorney, to lay ont and sell another adli-
ton to the city. In laying out this aali-
ton, which is called South Park, Mr. Chap
man run into the Barron addition some
thirteen or fourteen feet. In justification OF
this act, Mr.. Chapman CLAIMS that some
years ago a surS eyor by the name Of White,
established a section corner on Main street,
some distance north Of the original corner
alluded to above. and holds that this the
true corner, and consequently, his only
guide, land of course to be consistent, must
hold that the city plats. are ali wrong. ex-
cept the plat Of South Park, md that in
subdividing from the White corner, If gave
Ritz and Whipple STRIP thirteen feet wide
fear Of successful contradiction. that if RITZ
and Whipple can hold the strip Of ground
Mr. Chapman claims for them. then every
property holder south Of that line can take
and hold Z like strip the entire length of the
city; and that all tina. portion of the city,
affected by Whites survey must move north
or suffer the consequences. Now gentleman,
ask IN all seriousness, that if years after
town has been kil out, and addition after
addition has been added and all from a well
known, undeniable original section corner.
some surveyor isay county surveyor if yOu
please comes along, and because he cannot
find the original corner, for the reason that
a house has been built over it, or that it
has been obliterated by digging cellar, or
otherwise, and he establishes another corner
some twenty-five or thirty feet from where
the original stood: does it necessarily fol.
low that the city must ignore the original
| corner rs shown by the plats On file, and
move 10 his established line Ii it does,
! suppose that years after that, this establish
ed corner becomes oLliterated, say by food
or an earthquake, and some other county
/ surveyor comes along and because he cannot
find tins corner he establishes another, some
( distance from either OF the other corners then
! the city would have to move again, | sup
! pose. Or to show more forcibly the tallacy Of
such reasoning, suppose Mr.. White had
established a section corner the same dis
tance south Of the original corner. and in
sub-dividing the land between that and th.
half mile post south, IL would rnn over the
line oi B&rron's addition thirteen feet. In
that event, ,wOuld Mr.. Chapman, or any
other sane man, contend that could legally
hold that strip, as far as my property exten-
ded, strip OF ground TO which had no
title and for which l had Devey paid cent:
In such an event fancy myself asking my
friend Lawyer Cation for legal opinion. and
hear him saying something ike this: "You
have deed to your property, Invent you,
Uncle Tom:' Isay, Certainly" "Wen,
what does that deed call for:' .'Dh, nv
deed Just calls for the three fractional lots IN
in block ten IL Barroa's addition, but
''Never mind the butts, have you any deed,
mortgage or other instrument 10 show that
you have right to that strip" '.No, but
- stop buttin2. sir, and answer
the question did you ever paw ANYTHING for