Year: 1863




| town of Mineral Pc int, its corpoI ate juris-
diction embracing the tract of ground In
| question From that time to the present


a municipal corporation in some form has
continued to exist extending over this


ground; and in the year 1857, it WAS
changed to the form of city govern ment,
which it has ever since maintained
The inhabitants of the town of Mineral
Point previous to the p ssage of the act of
| Congress of July I'd 1886 bad ''squatted
upon whatever 'ots they desired and which


were unoccupied, and held them by virtue
of their claims" In this condition of
| things more than year previous to the
passage Of the act of Congress- of July
1886, at the request of these "squatters,


Mr.. Charles Bracken surveyed and plated,
and worked with stakes on the ground, a


large number of lots, coverying an area


of about eighty acres. The plot of this


survey was deposited in the office of Reg


lister of Deeds, aud was the guide of the
settlers in fixing the boundaries of the


claims they had previously made and in


making their future claims Upon this
plot was tract of land in form of par
allelogram about 800 feet by about 100,
containing little more than one acre
bounded on its four sides by what are now


known as Chestnut, Vine and High


Streets and Jail Alley and which em-


braced the ground now under considera-
ton. This tract was marked upon that
plot Public Square" The plot cannot


now be found in the Office of Register of
Deeds, but that it was there at the time
the Survey was made by order Of the Sur
veyor General, and that it was used as
the basis of that survey, is well known to
H. l. Al


be easily proved i have in my posses
sion copy oft map made by Mr.. John
Catlin at that time


About the time of this survey by Mr.


Bracken, two story log building design
ed for court house, and a one story log
building designed for jail, were built by
the citizens Of the town upon this Public
Square" and thess buildings continued to
be used for court house Gnd jail; until a


bout the year 1872


In the years 1886 q 1887 by direction
of the Surveyor General, portion of the
land granted by Congress, in July 1886,
was surveyed by Garrett Welt He was
requested by the act Of Congress to lay
it off ''into town lots, streets, avenues, and
the tots TOR public use, called tie public
square and into out lets having regard to
the lots and stress already Surveyed -
This duty he strictly performed, leaving a
tract for public square, when the public
square had been already surreyen en-
bracing the log court house and jail,
which lot contained | 6-100 Acres as sur
veyed by him. The Commissioners grant
ed a pre-emption (without authority as |
think) to a small portion on the west end
of the public square, but the title TO that
portion Is not in controversy now, and has
no bearing upon the question of title to
the remainder, which after deducting the
portion so taken off the west end by the
commissioners still contained 81 Acre
The balance Of this tract, surveyed by
Charles Bracken as early as 1884 or 1885
as a public square, and subsequently sur
veyed by Garrett Nliet as public square,
has now for Il continuous period of about
twenty seven years, been held ''for public
use, as a public highway and for other
public uses


Another fact appears In the investiga-
ton of this subject that on the Goth July


1910, this public square which was mark
ed No. % in the sequence of numbers as
they occurred on the r;iiaatt, not having been
adjiudgguu TO any one by virtue of any pre-
emption claim, except the small part be-
fore referred to, on the west end of it, was
sold at public sale to the County Commits
sioners ofIowa County and to their sue


cessors in Office, and a patent subsequent
ly issued by the President of the United
| States to them At the time of this pur-
chase by tie County commissioners it was
repeatedly and publicly declared by them,
that they purchased it for the public, and


that it should be dedicated to public use.
About two years after, the County Com


missioners erected large stone building
! upon this public square, for a Court House,
which has been used by the public for
that purpose whenever courts were held
up to this time Before the erection of
that building the commissioners were
notified, that no claim of title to the ground
in the county, would be recognized but the
municipal authorities of the town of Min
eral Point would claim to hold it in trust
for the public for public use Subsequent
ly another building was erected upon the
same public square, for offices for the
county officers, in which they have been


held from the time of its erection up to
| the 1st Of July last


Upon this statement of facts, and such
others as will be necessarily advertei to
incidentally; the question is presented
Who has the title to the tract of ground
referred to in the first paragraph of this
| opinion2


1t is evident, that prior to the I'd day oil
July 1886, the title was vested in the Unit


ed States. 1t follows as legal and self.


evident consequence, that it must con
tinue to remain there until transferred by
congress, or by the act or acts of some
public officers, IN pursuance to some act


of Congress.


The acts of Congress of July ID 1896,


Sd, 1887, took the public lands not ex
town of Mineral Point including the
tract in question out of the operation oil
the laws Of the United States, affecting