The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1913-03-07

arouse public indignation on account
of this great concession, and the do
ing OF nothing in response thereto. Ii
the writer of that article. whoever he
may be. will 90 to the scene. he will
ascertain that Fourth street at this
point existed. and could only exist, on
4 map or diagram That If there had
never been 4 railroad located in the
vicinity. the alleged closed portions
Of Fourth street could not, by reason
OF physical conditions. ever have been
utilized by the general public as a
thoroughfare. II the writer were ac-
cuainted with the conditions prior TO
the passage of the ordinance referred
10. and those subsequent thereto, he
would ascertain that there has not
been a particle of change in the eX-
;sting status OF affairs from the time
the ordinance was passed until now.
He seeks TO appeal to public passion
and prejudice by making the impress
sion that Fourth street, closed by the
ordinance in 1904, was valuable
thoroughfare OF the city OF Ocala. and
that the railroad company had taken
advantage of such an ordinance by
blocking and closing this great public
thoroughfare. when in truth and in
fact Fourth street remains today pre-
ciseIy as it was when the ordinance
was passed. and the fact remains that
il there were no railroad within one
hundred miles of Ocala that portion
OF the plated Fourth street referred
TO in the ordinance of 1901 would not
have been and could not be used by
the general public.
The present proposed ordinance
provides for the closing Of Fourth.
Sixth and Seventh streets, leaving
open Fifth and Eighth streets. Any
citizen at all interested in the mat
ter, by visiting the premises, will as
certain that neither OF these streets
had ever been opened up for a public
thoroughfare, and that neither Of
them are needed for public use; he
will further ascertain the fact that
practically all the property between
lain and Osceola streets has been ac-
quired by the railroad company for
the purposes of these improvements.
and thar no private Individual will suf-
fer particle OF harm. but. on the
contrary, every individual owning
property within the vicinity of the
contemplated improvements will be
greatly benefited thereby.
Something has been said, either edi-
toriaIly or otherwise, regarding the
city's right TO close or abandon
streets, and l deem it unnecessary to
enter into any argument on this ques-
ton further than to cite section 1923
of the general statutes of Florida
which, after citing general powers OF
the city or town, includes among such
citations, the following: And the said
city or town council shall have the
power and authority to alter, widen
fill in, grade, pave, or discontinue any
public park, street, avenue alley, high
way, or any other way" If such right
power and authority did not exist
then any property owner who may
plat off his lots within the limits OF
the city of OcaIa could compel the
city to keep up and maintain the
streets between such lots. When the
city exercises its right and authority
10 discontinue a part of any street
i may not deprive the property own
er, injuriously affected, of his right
OF action against the individual OF
corporation who may block such
street. This has been looked after
as explained in the early part of this
article, by the absolute purchase OF
the property on each side of the
TIE
ordinance in question; and, regardless
Of the opinion that may have been
rendered and given by the learned at
torneys, | assert it as legal propo-
sition, under the laws of this state,
that the owners of lots on each ide of
any used or plated street owns the
title to the center of the street, sub
ject alone to the public easement.
In closing Fourth. Sixth and Sew.
enth streets, between Osceola street
and Main street the city council would
be only closing plated streets unused
by the general public, with the rail
road company owning the title to the
center OF each street, and the only
thing that the city may be giving is
a mere declaration upon its part that
it will not keep up and maintain. as
al 7,