The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-02-11
THE DEED OF THE POPE
PROPERTY TO SCHOOLS
CONDITIONS UNDER WHICH
STREETS ARE OPENED.
Council Refused to Accept Streets,
and Matter Has Caused Con
siderable Discussion.

As the result OF Cne refusal VI
city council some time ago to accept
the streets contemplated to be open
ed by the deed Of Mrs. Y. J. Pope to
the Newberry school district, con-
veying the portion Of the Pope home
place purchased by the board of trus-
tees for school purposes, there has
been a great deal Of discussion as to
khe effect which this refusal OF
council would have, under the pro-
, visions Of the deed. The Herald
and News publishes below a copy OF
the deed as recorded in the office OF
Clerk of Court John c. Goggans. The
deed provides that the streets are to
be opened as soon after the 10Th day
Of December, 1909, as practicable,
and by said opening are to stand
dedicated by Mrs. Pope to the use
of the public as streets, so long as
they are used as public, streets, and
no longer. s:>
It would appear that under this
provision the streets may be opened
within a reasonable time and that
they are dedicated to the use OF the
public so long as they are not aban-
doned for use as public streets.
The deed itself goes into detail as
to the streets to be opened. Two OF
the streets, one bounding the school
property on the north and the other
bounding the school property on the
west, are only thirty-fve feet IN
width. The others are forty feet In
width, and are definitely located,
with the exception Of one-that
leading from the street proposed to
be opened in the rear OF the school
building, and running north to Chap
man street, which is to be exactly
located by Mrs. Pope.
Under the terms Of the deed, there
seems to be no doubt that The trus-
tees may open the streets and 50
long as they are used as streets by
the public. they do not revert-that
the streets are under control Of the
trustees until they are opened for use
and until after being opened for use,
they are abandoned as streets FOR
use by the public, unless accepted by
the town, in which case they would
be- under control Of the town until
abandoned for public use.
In view Of the discussion which
the matter has caused, Mayor
Blease was asked yesterday why
council had refused to- accept the
streets. Mayor Blease said that this
was a matter In which Of course he
had no more voice than any other
measDer Of council, and that he could
not. speak for council, but that he did
not mind giving the reasons for his
vote. he said that, in the first place,
two of the streets proposed to be
given to the town were only thirty
five feet in width, whereas, under
~bhe amendment to the charter of the
town, by the Act approved Deeem-
her -2l 1894, Section Is, it is provid-
ed that "no street hereafter opened
shall be Of less width than forty
feet In addition to that, he said,
the town now had more streets than
it was possible to keep up IN proper
condition, with the money on hand
for that purpose, and he thought the
board Of trustees, having in their
hands $4,000 for school purposes
should put. the streets in proper con-
:dition ready for service, and then
turn them over 10 the town, land
not put them, or attempt to put
them, in the hands of the town in
their preseqt shape" "It will
cost the town, at the least calcula-
ton, $1,000 to put these streets in
proper condition for use," he said,
land T do not believe the trustees
should call upon he town to pro-
vide an additional $1,000 to carry