The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1920-10-14


way shall be guilty of a misdemeanor
and be subject to the payment of a
penalty
Section 1926, Wis. Stats.
An agreement permitting a munich
palty to maintain a public nuisance is
in violation of this statute and is ultra
uires and void as against public policy
James V. Darlington, II Wis, 1873.
Ashland '. C. & n. W. II, Co., 100
Wis, 39S, 4O4.
Trester V. Sheboygan, 81 Wis, H.
Johnson V. Lonsdorf, 1913 Wis, II.
The city cannot enter into an agree
ment to yacate street where the other
party agreed to pay for certain city
improvements and the resolutions of
acceptance by the city and an ordi-
nance to carry out the agreement are
void.
Ashland V. C. & n. w. r. Co., l05
Wis, 398, 404.
The city has the general power of
disposition over its property except
such as is held in public trust, such as
streets, alleys, public squares, wharyes,
etc, and such property cannot be dis
posed of in violation of the trust any
more than trust property held by an
individual.
30 Am. & Eng. Cyc. 1888,
In Hubbard, Spencer, Bartlett Co Y.
Chicago, 1873 Ill. 81, 40 l.. r.. A.
Cpl, the court said
"Puhlic streets of city are dedi-
Gated to the public for public use
and are subject to the control and
management of the city council, but
that body has no power to alien or
otherwise cucumber such streets so
long as they are public streets but
must hold them in trust for public
uses only. A municipal corporation
can grant no easement or right
therein not of a public nature, and
the entire street must be maintained
for public use. Hence no individual
or corporation can acquire any por-
ton of the street for exclusive priv
ate use to the exclusion of the pub
lie. The city council has no power
to grant such use"
From some of the foregoing Ian
guage it appears that there may be
lawful obstruction of a street and such
in fact there may be. That such OBJ
structon may legally exist has been
advanced as possibly controlling the
question now before this council and
permitting the use of such fence and
gates. That statutes of Wisconsin by
Section 925-SS provides:
"No building shall be moved over
the street or any obstruction be
placed therein without written per-
nit therefor granted by the Board of
Public Works; said Board shall deter
mine the time and manner of using the
streets for laying or changing water or
gas pipes, or placing and maintaining
electric light telegraph and telephone
poles therein; provided, that its de-
cision in this regard may he reviewed
by the Council"
This statute does not authorize the
Board of Public Works to permit the
erection of unauthorized and illegal
distractions. II merely permits the
Board of Public Works to exercise its
judgment nany particular case in pass
ing upon the Feasibility or desirability
Of granting such use of the streets as
are of a lawful character. Necessary
and temporary uses of the street for
other purposes than passage and travel
are in some cases permissible even
though not sanctioned by express leg
islatiye or municipal authority The
right of the public to an unobstructed
use of the street is subject to certain
necessary limitations and restrictions.
Thus a street may he used for the de-
livery Of goods and other temporary
disposal in front of lot; it may be
obstructed temporarily in the improve
ment of the street and in digging of
cellars, and by a reasonable necessary
use of a part of the street in building
operations. In relation to these and
similar uses a high authority says:
"rcmporary distractions of this
kind are not inyasions Of the public
easement but simply incidents to or
limitations of it. They can be justi-
fed when, any only 50 long, as they
are reasonably necessary. There need
be no absolute necessity; it sullices
that the necessity is reasonable
one but this will never Justify the
leaving of a street or way in an I'M
safe or dangerous conditions and its
use in an unreasonable manner or
for an unreasonable time"
Dillon Nun. Corp. Section ll6S.
cannot see how the occupancy of
the whole width of a street for a mum
Der of blocks can be construed to be
within the exercise of those private
rights that, although they cucumber
the street to some extent, are permits
sihlc as illegally reasonable and tempo
rary." If such obstruction, which is a
direct invasion of the public easement,