The news=record. [volume] (Enterprise, Wallowa County, Oregon) 1907-1910, 1908-08-27
SQUARE IS PUBLIC
PROPERTY FOREVER
COUNTY COURT ADVISED BY
LAWYERS NO POSSIBLE WAY
TO CONVEY.

two other leading lawyers of La
Grande. The opinion was given al
the request of the county court, as
two members of the court were in
favor of accepting the offer of $40,
600 for it and building on another
site, at the head of Main street, Just
below and to the north of the coun
ty high school building. The opin
ions given do not leave even a bare
possibility of doubt, and Judge Ohm
sted stated Monday the court would
go ahead and build the courthouse
on the public square site.
The obstacle in the way is thai
the dedication of the square to 6
public use is irrevocable, and as Mr.
Ramsey puts it, neither the dedica
tors, their heirs, the city nor the
county can by any kind of deeds
change that dedication. This is the
law of Oregon as laid down by the
supreme court.
This is phase of the matter
not thought of at the time the
offer to purchase was made. 1t was
then believed by those making the
offer and by citizens generally, tha
if Mr.. Stubblefield, the Zurchei
heirs, and the city made uncondition
al deeds to the county, and authority
was secured from the legislature EN-
powering the county to convey, {
warranty deed could be executed by
the court. This was not only the
belief but the hope of several who
were sure Of making a good profi
in the purchase. There is more thar
one local capitalist who is confiden,
he could clean up several thousant
dollars profit on the purchase price
of $4,000.
The public phase Of the situa
tlon was never suggested. It seem.
that a man who never saw or heart
OF the square could veto its sale
Just as, effectuaily4 .as 4lel,ss .es.-ash,
original dedicators. 1t must renal,
a public square, for all time tt
come.
After citing records showing the
original dedication as a public square
by R. F. Stubblefield and John Eur
cher, 20 years ago, and the facts in
regard to the offer by 68 citizens
taxpayers, offering the court $4,000
as bonus for building a courthouse,
second, the quit claim deeds made b,
r. F. Stubblefield, the Zurcher heirs
and the city of Enterprise, and third
the offer to purchase for $4,000
made by five citizens, Mr.. Ivanhot
gives his conclusion, of which the fol
lowing are pertinant extracts:
Public Square and Court. House
Block have been irrevocably dedi
Gated to public use, as a Public
Square, " (Ten Oregon cases cit
ed besides a long list of decisions
In other states, and legal authori
ties.)
Under this dedication the Pub
lie Square in question, can be used
for county courthouse purposes
(Long list of authorities and decis
ions cited.)
THE public Square in the city
of Enterprise, Oregon, is held ir
trust, by said city, for Wallowa coun-
ty, Oregon, to be used by county foi
court house purposes, and any sale
or use of the same attempted, thai
would devote said premises to othel
than public use, could be perpetual
ly enjoined; and no individual could
acquire title to said property from
either said city or county, neither
having title or right to convey ;
(Authorities and decisions cited.)
Summary:
THE Public Square in the city
of Enterprise has been clearly dedi
Gated to public use as such
Said Public Square can be used for
County Court House purposes unde.
said dedication Neither sale
Wallowa county, nor the city Of
Enterprise, has any title to, or any
authority to convey the title, of sait
Public Square to any individual o.
individuals, but must hold the same
perpetually for some public use, con
sistent with its designation as Pub
lie Square
c. II. Finn coneurs.
Following Colonel Ivanhoe's opin
ion is this note:
Based on the facts only, | an
of the opinion that there can be NJ
legal conveyance. by Wallowa coun
ty. Of the tract of land in Enter
prise, Oregon, called on the plat,
Public Square
c. III FINN Attornev >,