Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1910-05-03
Not Owned by the Beadle Heirs.

Liz ILiIIIo 1NOW CAd VI 1oSI WCCh Gull
tanned an article concerning the ques-
ton of the payment of the paving on
the west side of the Court House Park.
which is so full of misstatements that
the public should be set right on the
matter. The New Era also contains q
reprint of an article from the Cresco
Times Of two weeks ago, entitled "The
City of Cresco in Court, which is used
as basis for its remarks under the
caption 1.-The Cresco Paving Case"
The New Era traces the early county
seat history of Howard county down to
its removal to Cresco and the location
of the county records in 1867 in the
stone building located on the city park.
built by Augustus Beadle and others
and donated to the use of the county,
and which was destroyed by fire in
1876.
To correctly understand the rights
that city and county have to the prem
ises it is necessary to know the nature
of the trust deed given by Augustus
Beadle and wife, which may be found
on page 634 of Book ''C'' of town lot
deeds in the county recorders Office,
and from the provisions of this trust
deed, given to T. j. Tomas, P. F.
O'Mailey and P. T. Searles as trustees,
we quote as follows:
''Said trustees or grantees are to
dispose of or sell said premises or such
part thereof as they see fit at such
time and in such manner and in such
parcels as they may deem best and np-
on such terms as they may deem best,
reserving however enough thereon to
erect the buildings hereinafter
mentioned and the proceeds arising
from such sales shall be used, applied
and devoted toward the erection of a
proper and suitable building or build
ings to be used for the purposes of a
Court House and County Buildings, in
case the Board of Supervisors shall
elect to see fit to use same for such
purposes and such buildings be used
for Court House purposes so long as
the County Seat remains at Cresco,
and should said premises or any part
thereof not be sold for the purposes
hereinbefore stated, then said premises
shall be held as trust or be conveyed
to said town OF Cresco for the purpose
of a public park and for such purpose
only"
The claim that the Park belongs to
the Beadle heirs as twice mentioned in
the New Era article, is most effectively
disposed of by the clause which provides
that "should said premises or any part
thereof not be sold for the purposes
hereinbefore stated Ito provide means
for the erection of court housed then
said premises shall be held as a trust
or be conveyed to said town of Cresco
for the purpose of public Park AND
FOR SUCH PURPOSE ONLY"
Under the provisions of this trus,
deed, the trustees in 1879 sold the west
100 feet of the park to Cresco fol
$4,000, and the city issued bonds to that
amount to erect court house for the
use of Howard county and the building
was erected at a cost of $1,000 anl
turned over to the county in 1880 undel
lease which embraced the FULL
AREA OF THE COURT HOUSE
SQUARE AS 1T NOW EXISTS and
the county is not, as the New Frs
states, paying insurance or repairs or
property belonging to the Beadle estate,
but is occupying property either Civ
en- outright by Mr.. Beadle and his wife
or paid for by the city of Cresco, and
the county has a lease, without
rent or charge. so LONG AS IT
SHALL BE USED FOR COUNTY
PURPOSES-not 80 year lease as
some allege but PERPETUAL
LEASE for county seat purposes.
A study of the excerpt from the
Beadle trust deed shows that Cresco can
not give warranty deed to Howard
comfy. The present city officials have,
though, offered to give a warranty deed
containing a reversionary clause and
will go just as far as they may legally,
but the Board of Supervisors refuses to
accept such deed and insists on Cresco
doing the impossible-giving warran-
ty deed.
With these facts and the provisions
of the trust deed to Cresco before the
minds of the people of the county we
do not believe that they will think it
justice that Cresco shall be compelled
to pay for improvements about proper
ty which has been freely givento How
ard county land at no expense to them
whatever) and which they have had
the use of for thirty years and which
use and occupancy will continue in
definitely so long as the court house is
used for county seat purposes.
To Piano Contest Subscribers.
From this time until June 18th, a
large number of subscriptions turned
in during the piano contest will expire.
1t has always been our custom as it is
with all country newspapers, to con-
true sending the paper to names upon
gu, list, residents of the county, until
notified to discontinue, and this we
shall 90 with subscriptions turned in
during the contest. Contest subscrip-