Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1904-03-14
TITLE APPEARS ABSOLUTE IN
THE STATE.
HEIRS WOULD LITIGATE
In Event of Removal of Seat of Gov
eminent to Oshkosh or Milwaukee
an Attempt Would Assuredly Be
Made to Recover the Property
Worth Perhaps 100000.

Much discussion is heard in Madi-
son regarding the disposition of the
capitol park in the event of removal
of the capitol from Madison to Osh-
kosh or Milwaukee. Apprehension
that the capitol will be removed has
teen lessened by each statement made
by Governor La Toilette and the
statement made by the capitol building
commission. Each of these three for
NAL announcements has placed the ex-
tent of the damage to the capitol by
the fire at less figure and apparently
raised the estimate of the value of the
parts of the building that are standing
This has increased the estimate of
what it would cost the state to remove
the seat of government.
u was currently reported yesterday
that persons were buying quit claim
deeds from the heirs of the original
.grantors of the capitol cite to the state
and that in the event of removal of the
capitol from Madison the site would
be the subject of litigation, on the
ground that the bequest of the prop
erty to the state was conditioned upon
the continual use of it as the situation
of the state capitol. The park is 792
feet square. ~ contains, as estimated
in the original deed, fourteen and four
tenths acres.
The business property around the
square is worth some S400 a foot front
and the capitol square, if divided into
business property, is said to be valu-
able enough to bring some $4,000, 900.
IT is reasonable 70 suppose that If this
property can be litigated from the
state in the event or removal of the
capitol. an attempt will be made to do
so.
The original grant of the property in
question il recorded in the Office of
the register of deeds at the court
house, on page 239 of volume 3, being
one of the oldest instruments there re-
corded.
The deed was recorded January II,
1899 at 10 O'clock in the morning. 1t
was given by Stevens T. Mason and
Julia f. Mason, his wife, and Kentzing
Prichette, all of Detroit, TO the territory
Of Wisconsin until a state government
be established, when II should become
the property of the state.
From a careful reading of the in
strument il would seem that there
would be no opportunity for litigation
by the heirs in the event of the re-
moval of the capitol from Madison.
There is nothing to indicate in the
deed that the gift was conditioned up
on the use of the property for a site
fer the capitol or for any other specific
purpose. The instrument recorded is
an absolute deed. The consideration
named is 81 and the words capitol,
seat of government or other similar
terms are not mentioned. no indication
being given in the deed, whatever, Of
the purpose for which it was intended
the property should be devoted and
used. However, it has been suggested
that litigation might be commenced,
the claimant heirs or assigns relying
upon their ability to produce evidence
that the gift of the site was condi
tened at that time on the use of the
property as a site for the capitol. The
value of the property is so great that
it is said to be assured that if the use
of It other than for a capitol be at
tempted the heirs will bring an action
to test the title of the state.