Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1905-01-14
COUNTY ICE CASE.
County Has No Right to Ice On
MenOmOnee River Flowing
Through County Farm.
The Criminal Action Against s. e. Croft
Dismissed by the Court.

Dismissed by the Court.
For several weeks past it has been
rumored in this vicinity that one OF the
members of the committee of the Coun-
w Board on the County Aims House,
Water Works and Sewerage Plant,
has been stating with considerable
degree of self-confdence that Mr.. S. P.
Croft, who for several years last past
has harvested the ice formed upon the
dixie and along the Menomonee river
and the pond in the southwest quarter
of section twenty-one, would not be
permitted to harvest the ice this year
and would be arrested as trespaser if
he attempted so to do, notwithstanding
the fact that Mr. Croft claimed to have
such right and privilege by virture of a
lease entered into between himself and
Monomonee river in the quarter Sec
ton above mentioned, and the county
authorities acting, as it now appears,
largely, if not entirely, upon the advice
of this supervisor and committee mem
Der, caused complaint to be made
against Mr.. Croft on Saturday last,
which resulted in bringing him into
the district court under a charge of
wilful and malicious destruction of
county property. When the case came
up on Monday before Judge Neelen it
was continued until Friday at ten
o'clock, of this week; Mr.. Croft being
allowed to go on his own recognizance
to appear at that time. Immediately
after the adjournment of the case on
Monday last, the district attorney was
informed that if he would call at the
office of Wheeler & Perry, who were
Mr.. Croft's attorneys, they would
furnish to the district attorney some
information which would perhaps
cause him to change his opinion of the
county's rights in the matter, and
when the assistant district attorney
called, in response to that invitation,
he was shown the record of convey
ance made in the year 1871, by Thomas
Il. Hart and wife to Charles Hart, by
which the former conveyed to the latter
all land flowed by the Menomonee river
in the quarter section above mentioned,
together with privilege of embanll-
ments along and on the borders of the
river, with other privileges in connec
ton herewith. lie was also shown
the record of the transfers by Charles
Hart, Oliver Harwood and other per-
sons of the same rights to Mr. j. ID.
Warren of this city. With the memo
randa thus obtained the district at
torney's office force investigated the
records in the register of deeds office,
and when the case came up before
Judge Neelan on Friday, Mr.. Backus,
one of the assistant district ATTORNEYS
informed the court that he found the
fact to be that about thirty-seven years
prior to the time when the county
obtained it's deed all land flowed by the
Menomonee river in the quarter sec
ton had been otherwise conveyed and
that the county was without title to
the land flowed by the river running
through its farm, and the court dis
missed the action which had been
brOupht oUainSt Mr Croft
1t appears that this is not the first
time shat this question has been raised
by county officials. 1t also appears
that the supervisor and member of the
county board, who, by the way, resides
in the city of Wauwatosa, was also a
member of the county board at the
time when the matter was up for con
sideration several years ago, at which
time copy of the same deed was pro-
duced by the then owner of the prop
erty and delivered TO the county Off
Gals SO that there seems to be no fair
justification for the proceedings which
have recently been taken against Mr..
~ANAt AhoiSpNtI1 ~ VIII uOuntIeSS
occur to fair minded people that it is
not desirable place to try the title to
lands in criminal court having
limited jurisdiction, as was attempted in
the proceeding by which Mr. Croft was
arrested, but however this may be, the
discharge of Mr.. Croft is a complete
vindication of him and his right, and
is at least confession that the dis
triet attorneys Office and other county
officers acted harshly and hastily in
causing the arrest of reputable citi-
zen and business man of the county
and especially SO in view of the fact
that the rights under which Mr. Croft
was claiming to act were under claim
of right which has existed and been
claimed thirty years longer than
the RpDntv Inns rla;v,,,I