Savannah morning news. [volume] (Savannah) 1868-1887, 1883-07-04
INDIAN SPRING NOT sALEABLE.
A Correspondent Tells why the Land
Must Continne State Prnnertv


Editor NOrniag Ne,oS: In the .Sunday
Telegram there appeared a communica-
tiOn relating mainly to the question of the
sale Of the State reserve at Indian Spring,
your correspondent saying that sit is said
bill will be introduced during the COM
ing July session { of the legislature au-
thOrizing the sale of this property and
that sit is whispered an Atlanta syndicate
is in the field for it," AS have had occa-
sion to investigate the question of such a
sale, and the matter is one affecting pub
lie and private interests, / would ask
space to briefly notice it.
The water of the Indian Spring was
we'll known and resOrted to by the whites
long before that portion of the State was
acquired from the Indians, and in the
treaty of 1921 with the Greeks these were
especially excepted from the cession. OF
all those lands lone thousand acres to be
laid off in a square so as to include the
Indian Spring in the centre thereof" and
six hundred and forty acres on the Oc-
mulgee river, the rich farm of their chief,
Gen. Mcintosh. This country being ac-
quired by the whites was Immediately
disposed of under the Head Right laws.
the Indian Spring and Mcintosh reserva-
JUL IcHldluluS JHS pIOpOIby Vi IIl6 lIluldUS.
until two days after the treaty of 1925. by
which all the remaining Indian territory
in Georgia was surrendered to the whites.
These two reservations were then also
ceded, being the last of all their hunting
grounds in Georgia acquired by the
whites. In 1927 the Legislature passed
a special act for the survey and sale
of these reserves, appointing commits
sioners for the purpose, and pro-
viding as to the Indian Spring reserve
that it should be surveyed and plated
into lots and streets, beginning with a
square lot of ten acres in the centre,
where the spring was, to be called Lot
One, around which should be laid off two
ranges of twO-acre lots, with streets in
tersecting at right angles; then a range
of fOur-acre lots, with streets between,
and the remainder of the one thousand
acre square into farm lots of twenty and
thirty acres each, and upon the survey
being completed and plans thereof made
out" all the lots except number one
should be sold, after being first advertised
for thirty days sin all the public gazettes
of the State" the commissioners to make
deeds in the name Of the State.
The place was incorporated in 1887, and
special commissioners, to hold office until
death or resignation, were appointed the
States agents to pass laws, rules, ETC.,
''fOr the good order and well-being of the
place, its inhabitants and VISITORS" which
style of superintendent continued until
1866, when the charter was amended so as
to create the usual town council for the
government of the place.
In 1888 an act was passed directing the
State Commissioners to sell certain un-
used streets for the purpose of raising
fund for ''the improvement of said reserve
and spring for the public use and BENEFIT"
In 1912 special act of the Legislature
gives a private party the right to erect a
bathing establishment ON the reserve,
and in 1S47 the Legislature gives a
thirty year grant to John G. Park,
the condition being that he shall
keep open and in good order
the walks and approaches to the spring,
but expressly forbidding the erection of
any hotel or building for rent on the re-
serve, and to preserve the free use of the
water to the public. This grant was re-
newed to Col, II. j. Lamar in 1861 for
period of twenty years, in whose hands it
now is.
Thus it is seen that the lots at Indian
Spring were laid off and sold by legisla-
tive enactment with the centre lot and
focal point of the whole plan a reserva-
tiOn to public use; that the States special
commissioners were in charge of this re-
serve for thirty years for the benefit of
inhabitants and UjSitOrS; that they were
directed to eXpend money to improve it
for ''public use and benefit" and that for
nearly forty years Georgia has on its
statute books expressly forbidden the
erection of business houses, and espe-
cially hotels, on this centre lot of the sys-
TEN.
Is anything further needed to show
dedication to public uses Is il necessary
to ask the question whether or not this
condition of things has existed i'm the
words of our Code (s26S4) s'for such a
length of time that the public accOmmO-
dation or private rights might be material
ly affected by an interruption of the eniov-
ment? If so, then the law is explicit
that this reserve cannot be appropriated
to private purposes"
Such is the law for individuals, and if the
lot owners at Indian Spring have any YES
ted rights in the dedication made and in
the enjoyment sought to be interrupted it
is also the law for the State, and the Leg
islature can pass no valid act for sale to
private parties. But if it could, is it ius-
tIce or good faith to do so? When the
State sent its commissioners with their
''skillful surveyor" to survey and make
plats of the Indian Spring reserve and
then advertised sin all the public gaZettes
to the plat, with the special important Lot
in the centre-the heart and life of the
whole System reserYed-think you that
those surrounding lots sold for
more or less than if the centre
lot had been advertised for sale
like the others? The question answers
itself, and the law presumes that at that
sale the enhanced value of the lots sold
paid for the reservation made. Does our
great State wish to sell the reserve again?
But whatever may have been the policy
of such a Observation-Disclosures wise or
unwise--yet it being once made there
has been no time in the history of Indian
Spring that sale of the reserve to pri-
vate uses would not amount to a confis-
cation Of the private property of those
around. | could extend the discussion
OF this subject much further, but will
end hare with saying that in view of
such an agitation as your correspondent
speaks Of and its preventing the Improve
ment Of property the Legislature has a
very plain duty Ia the premises, which is
to pledge the good faith Of the State by
solemn enactment declaring this spring
and ten acre reserve dedicated to public
uses, for the lot and property owners at
Indian Spring have a right to have their
title to the easement in this reserve for
ever quieted. Very respectfully,
n. G. COLLIER.