El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-12
"BUCKLEQ SQUARE"
The Attitude Of the Herald APPROX
ed And Authorities Quoted
FL PAso, Tex. March 10. 1900.

TO the Daily HERALD:-I am pleased
TO note that you have declared against
the conversion of the city park west OF
"Buckler Square" into site for pub
lie school building. [ think every
citizen of the town should feel the
same as you do about the matter. L
for one heartily concur in the views
expressed by you in your enterprislng
and valuable daily paper.
Before the school authorities and the
city council proceed further with the
matter l think it would be well Tor
them to give some attention to the
legal aspect of the case. When the
national government donated these
two squares to the city the city at once
caused to be placed upon each of said
squares sign upon which was written
in large letters, "City Park" These
signs remained there for years. This
ect alone on the part OF the city will
amount to dedication of these squares
to park purposes aud will forever bar
the city from devo.ing or using them
for any other purpose inconsistent
with the purpose for which public
parks are generally used.
There has not been lot sold and
house built or repaired in the imme-
diate neigh borhood of either OF these
squares where the purchaser or builder
did not believe that those squares were
TO be used for park purposes, and such
belief Influenced his action in purchas-
notified the world that these squares
were parks, and lots having been sold
and houses built with reference there
to, the city has no power to devote
these squares to any other purpose.
In the cases-of Steele vs. Portland,
23 Oregon lie. and Archer vs.. SsIna
City, 90 Calf, AZ, the supreme courts
of these states hold: "The word Park
written upon block OF land repres-
ented upon map or plan of city or
town is as significant of dedication,
and the use to which the land Is In
tended to be applied, as the word
street. written on said PLAN
OuroVn supreme cuort has decided
the following proposition: ga city,
town or county may make valid deol-
cation to public uses Of lands belong
ing to it, where such dedication does
not interfere with any public use for
which the lands are held" Lamar
County vs. Clements, 40 Texas, BAT:
Llano VS.. Llano county, Tex. Civ.
App. 1872.
In the case of Commonwealth VS..
Rush, II Penna. State rep, 1S6, the
court says: THE common or public
square In the City of Allegheny is de-
dictated to specific public uses, and al
though not a common public highway
yet the public have rights and interests
therein, of which they cannot be de-
prived by the corporation of the City
of Allegheny"
In the case of City Of Cincinnati V.
White, 6 Perets. All, the supreme
court of the United States uses the fol-
lowing language: "And after being
thus set apart for public use and en-
ioyed as such, and private and in
dividual rights acquired with re-
ference to it, the law considers it in
the nature of an estopel in pals which
precludes the original owner from re-
voking such dedication. II is viola
ton of good faith to the public and TO
those who have acquired private prop
erty with view to the acknowled-
ment of the use thus publicly
granted"
In the case of Lamar County v.
Clements, 40 Texas, 347, the supreme
court of Texas decides the following:
County authorities may change
the court from one to another
lot or block in the county
seat, but the abandoned lot or block,
If dedicated or reserved to public use
in the sale of adjoining lots does not
become subject to sale or appropris-
ton to other uses inconsistent with
the rights of such lot owners"
Very many other authorities to the
same effect might be cited. But the
foregoing are enough to call the atten-
ton of the city authorities to the OBJ
stacles that might be placed in the way
of changing the park into a site for a
public buildings
have no doubt but that an exsmi-
nation OF the proceedings of the city
council will disclose some official act
ion on the part of that body recogniz-
ing these two squares as public parks.
Yours respectfully,
G.. n. BUCKLER.