The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-21
IS OWNED BY THE STATE
UNIVERSITY SQUARE MUST ALWAYS
BE USED AS A PARK.
PurpOscs-LeSfslative Fight
Recalled.

How would you like to own University
square?" is a question that has probably
been put to several thousand people in this
city since 1t was known that the new fed
eral building would occupy the square i'm
mediately south of University square, but
all persons might as well put such thoughts
from their minds Even If those who have
thought they would like to own this piece
of property were to find few Cape MONIES.
Eldorados or Bonanzas. they could never
purchase that square at any price.
The value of University square has beer
enhanced greatly by the selection of the
| square Immediately south for the new fed
eral building. The value of real estate in
| that immediate locality has been greatly
| increased in price and capitalists would pay
| fancy prices could they secure possession
| of University square. This property which
| is now used a park is owned by the
| State, and an act of the Legislature in 1869
made the State a perpetual owner. and 1t
| cannot sell. This question has been fire.
| quently raised of late by those who are not
familiar with the act.
| In the General Assembly of the State.
when the question of selling Uni
versity square was brought up, John
4 q
the selling Of the property and his remarks
had great deal to do with the passage of
the BILL The bill was known as the 'omni-
| bus University BILL" having been intro
| duced by Mr.. Hughes. Mr.. Hooper moved
| to amend the first section by striking out
from the enacting clause and inserting a
provision that the trustees of the State
University may dispose Of University
| square, etc. whereupon Mr.. Caven said:
MR.. CAVEN'S REMARKS.
1.-The proposition to sell University square
has for some time been pending before the
| Senate, but always connected with others
in such manner as must evidently de-
| feat the whole combination, and of course
carry with it the defeat of section to sell
| the square, and hence it seems
unnecessary to discuss the negative:
for, as we have much to do,
and our time is brief. it is an i'm
perative duty to occupy no single moment
of time in discussion which could be prop
erly avoided. AS, however, the last amend
ment proposed brings before us the ques-
ton directly and singly of selling the
square. ii may now be necessary to inquire
into the power of this Legislature over the
| square in question.
| I'm the argument advocating the sale, 1t
has been intimated that those who opposed
the sale are the enemies of education. No,
| sir, there no enemies of education upon
| this floor. Senators differ in their views
| respecting what Is best for the cause OF
/ education Some who oppose this bill have
voted for liberal appropriations for educa-
| ti0nal purposes and among them literally
| for the Bloomington University. That is
| a State institution and our State pride is
involved in making Ii successful and IL
| should either be abandoned a such else
endowed to the highest point of usefulness.
1t has been repeatedly asserted that the
! university has been wrongly located, and
while this may or may not be correct, 1t
cannot now be remedied. and as no propo-
| sition has been made to relocate IL, il
| should be sustained to the honor of the
State and to the greatest benefit Of edu-
but to the question. The proposition is
to sell Square % and give the proceeds to
the Bloomington University. it being main
tanned by the advocates OF the bill that the
university is the proprietor OF the square,
while the opposition will maintain that let
who may be the owner, this Legislature
has no power to sell IL, 1t having been dedi-
Gated to public and hence IL will be
necessary to first present the law govern
ing such q dedication and defining how IL
may be made, and next the history OF the
square and Bloomington University. which
will establish: First, that ii was the inten-
ton of the Legislature TO dedicate the
square for the actual site of a university,
and second that IL was not the intention
to give the square or it's proceeds to Bloom
ington University.
NUMEROUS AUTHORITIES CITED.
Mr.. Caven then cited numerous authori-
ties on similar cases. He continued: From
these decisions of the highest court Of our
cwn States and of the United States we
find that when the proprietors of real es-
tate lay off town, or city, and upon the
l
import a public use, that such plating and
marking is the dedication of the particular
grounds so marked to such public use and
that after having sold lots in reference "a
IT., such dedication cannot be revoked and
the dedication is held to have been in
6ucement 10 purchasers OF lots and that
when they bought and paid the price which
the owners accepted that they had given a
valuable consideration for the dedication,
for that was one OF the incidents and In
| ducements TO the purchase and entered
into In the price.
"Tf then. IL shall be found that this LOT
was dedicated TO a public use and by the
same original proprietor other lots were
sold with reference to it. then this dedica-
| ton cannot be revoked: and To determine
this will involve an examination OF its
| history.
Mr.. Cayen then cited acts of the Legisla-
ture of Jan. IL. 1870. whereby commissioners
located site for the permanent seat Of
government of the State OF Indiana I'm In
dianapolis 1.-The Legislature by an act
| approved Jan. 2s. 1871 continued Mr.,
Caven ''authorized an additional sale of
lots in Indianapolis and Section IL as
| follows: That the square numbered % be
| and the same is hereby set apart for the
use OF the State hospital and lunatic asy-
lum. and Square No. 3 for a State uni
versity. and the alleys; so far as they ex-
tend through the said blocks are hereby
vacated 1t Is contended by those who
| favor the sale that from the language OF
the last decided act, IL was not the >inten.
ton 10 dedicate the square for the aitx