The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1909-02-05

When the Frisco ceases 10 hold, or use
il. for roailroad purposes only, or relin-
quisheS it's right 10 do So then it is aban-
doned and under the grant Of 1866 the
dominion Of the Frisco over il has ceased
10 case OF abandonment whether by
ceasing to hold or use II for railroad pur-
poses. or by execution deed and reln-
quishment title thereto VESTS ABSOLUTELY
m the MUNICIPALITY
Il is immaterial whether the conveyance
be made to the municipality, or 70 third
party, or what language is used il the in
tention Of the Frisco to abandon it TO AN
OTHER USE is clear, the result is the same
and the municipality, under the law, ac-
quires ABSOLUTE rlTtg TO the property,
A conveyance 'or abandonment by the
Frisco in favor Of a third party would in
ure TO the benefit of the municipality and
such third party would acquire nothing,
and certainly such result will follow. be-
yond the possibility Of a doubt, when the
conveyance or abandonment is expressly
aud directly made 60 the municipality
The instrument which il isproposed the
Frisco execute contains in unequivocal
terms a quit claim and abandonment 10
and in favor of the municipality
conclude therefore, that having once
relinqulshed OF abandoned this ground
for the purposes for which il was granted
the Frisco has parted with il forever It's
reasons for having done SO because inn
material and conditions respecting its
future use are, in law, without force The
absolute title becomes vested in the mu-
nicipahty. and the Frisco cannot bind the
the property by conditions after its aban-
donment These conditions, therefore
are nothing more than moral obligations
to be observed or not as the city sees it.
But what are these conditions. after all9
Simply that the property shall be devoted
TO the uses Of the city, and for the com
fort, recreation and enlightenment of the
public For what other purpose does the
city desireG Are We not interested. as
citizens, In seeing il devoted to these
uses TheGe conditions, even il binding,
are very much broader than the power of
the city over North or South park and the
plblic school property
To meet the narrow construction adj
vaneed by some ! called Vice President
Oray by telephone,q and received assurance
from him that the company construed the
lanruaee used in the deed TO mean that
the city might use and rent any p It Of
the Auditorium for any purpose that
buildings for the use Of the city county.
state United States OF any other public
purpose could be erected On the park and
if need be the city had the powerto make
perfect title 90 any portion Of said
sound for such purposes and further that
he was willing such understanding Of
terms used might be Incorporated in the
proposed conveyance This statement
viii DC supplemented bN alt tier from hlm
Does this not remove every objection ur-
gsd by those who contend the conditions
are bindine2
For my part desire the moral obliga-
tions contained ia those conditions OBJ
served for the benefit Of the public. as
long as possible nevertheless. If the lime
shall ever come when the interests Of the
city reqaiv IL the ground may be used
for any purpose. or conveyed by deed alb
solute without let or hindraace from the
Frisco To anyone else Let rs embrace
this opportunity and pull together foF Vi.
rita LuaAN p PAeNR. JR