126 P. 465 | Wyo. | 1912
The plaintiff in error, W. S. Collins, in his own behalf and in behalf of all the citizens and taxpayers of the County of Big Horn, State of Wyoming, brought this action in the District Court of said county to "enjoin the defendants in error, the board of county commissioners of said county, from selling, donating or conveying to the United States certain real estate in the town of Basin in said county. The case was submitted to the court upon the pleadings and an agreed statement of facts. The court denied an injunction, dismissed the petition and entered judgment against plaintiff for costs. He brings the case here on error.
The facts as stipulated are as follows:
“1. That in the month of June, 1896, the east one-haif (Ej4) of the northwest quarter (NWJ4), and the west half (Wj4) of the northeast quarter (NE/4) of section twenty-one (21), township fifty-one (51-), north of range ninety-three (93) west, of the sixth principal meridian, was surveyed and platted under what is known as the Government Townsite Daws. Upon said plat was a tract of land containing about ten acres which was designated thereon as the 'Courthouse Square.’ That thereafter the government sold a number of lots situated on said townsite, and by Act of Congress of April 2nd, 1902, donated to the town of Basin the remainder of said lots. The tract designated as a ‘Courthouse Square’ was donated to the County of Big Horn. Said map of said town of Basin containing the plat designated as the ‘Courthouse Square’ was accepted by the United*522 States government as the official plat of said tract of land. A patent was issued to the town of Basin for the unsold town lots to be used for the use and purpose of sa-id town. A patent was issued to the County of Big Horn for the tract of land known as the ‘Courthouse Square.’ A true and correct copy of said Act of Congress and the said patent appears in the petition of the plaintiff.
“2. That thereafter the County of Big Horn entered' into possession of said tract of land and erected thereon,, near the center thereof, a building which was used by said county as a courthouse, being an office building for the county officers and the county jail, but the District Court never having been held there.
“3. That during the year of 1909, Congress adopted a resolution appropriating a sum of money for the purpose oF purchasing a site for a Federal building in the town of Basin. The board of county commissioners of Big Horn-county offered for sale a portion of the tract of land, known as the ‘Courthouse Square,’ being a tract of land one hundred and fifty feet square, located in the southeast corner thereof. On the particular tract of land offered for said Federal building site, no buildings have ever been erected, nor has any other occupancy been made thereof, by the-County of Big Horn, the nearest county building being about one hundred and fifty feet from the tract of land offered for sale for the Federal building site.
“4. Subsequent to offering said tract for sale to the United States the commissioners passed a resolution offering said tract to the United States for the sum of $1.00 and other valuable consideration. On or about the 29th day of April, 1911, the United States accepted said offer and the board of commissioners submitted to the United States District Attorney muniments of title and are now threatening to convey said tract of land to the United States, and unless restrained by the court the said board of county commissioners will sell said tract of one hundred and fifty feet square to the United States for the purpose of a Federal*523 building site, and for the consideration of $1.00 and' other valuable consideration.
“5. During the time that the Courthouse Square has: been owned by the County of Big Horn and number of people have selected lots adjoining to and facing thereon, some of whom selected their lots because they were so situated and now claim a vested interest- in said- Courthouse-Square by reason of having purchased said lots on the belief that the said tract would always remain free and open, with the exception of such improvements as were made for county purposes only.”
The Act of Congress and the patent referred to in the-stipulation are as follows:
“An Act providing for the issuance of patent to the town-site of Basin City, Wyoming, to. the municipal authorities thereof, for the use and benefit of said town, and for other-purposes.
“Be It Unacted by the Senate and House of Representatives of the United States of America in Congress Assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to issue to the properly constituted authorities of the town of Basin City, Wyoming, for the use- and benefit of said town, a patent to all that portion of the east half of the northwest quarter and the west half of the-northeast quarter of section twenty-one, township fifty-one-north, range ninety-three west of the sixth principal meridian, which has not been sold by the United States at the time of the passage of this Act, the above described tract-being the townsite of the said town of Basin City; Provided, That separate patents shall be issued to. Big Horn-county, Wyoming, for the courthouse square as shown upon the plat of said town, and- to the properly constitfited authorities of the school district in which the said town is located for the public school square, as' shown fipon said-plat.
“Approved April 11, 1902.”
*524 “The United States of America.
'“To all to whom 'these presents shall come, Greeting:
“Certificate No. 1452.
“Whereas, There has been deposited in the General Land Office of -the United States'a certificate of the Register of the Land,Office at Buffalo, Wyoming, whereby it appears that pursuant to the provisions of the Act of Congress of April 11, 1902, (32 Stat, 95) and the regulations thereunder, the County of Big Horn, Wyoming, is entitled to a patent for the reservation known as the ■ ‘Courthouse Square,- located in the townsite of Basin City, containing four hundred and ninety thousand square feet, according 10 the approved plats of said townsite.
“Now know ye, That there is therefore granted by the .United States unto the said County of Big Horn, the tract •pf land above described. To have and to hold the said tract of land, with the appurtenances thereof, unto the said County of Big Horn and to its successors forever.
“In testimony whereof, I, Theodore Roosevelt, President ■of the United States of America, have caused these letters to be made patent, and the seal of the General Land Office to be hereunto affixed.
Given under my hand at the City of Washington, the twenty-second day of June in the year of our seau ■ Lord, one thousand nine hundred and four, and of the Independence of the United States the one hundred and twenty-eighth.
“By the President, T. Roosevelt.
“By T. M. McKean, Secretary.
“C. W. Bush, Recorder General Land Office.
“Rec. Miscl. Vol. No. 4. Page 160.”
Plaintiff’s contention is, that the government, by accepting the plat as the official plat of the townsite and selling lots therein according to such plat, thereby dedicated to Big Horn county the ground marked on the plat as “Courthouse Square” to be held in trust for the use of the public for ■courthouse purposes; that the grant of the square by Con
The townsite was platted and entered under the Town-site Law, and when platted was a part of the public domain of the United States. Neither the surveyor, the townsite-entryman nor the Department of the Interior could, without authority from Congress, dedicate any part of such public domain to the town, the school district or the county. No-such authority has been presented to us in this case, nor do-we know of any. The sale of lots by the government in pursuance of the townsite law did not, in our opinion, constitute a dedication to the county of the block designated on the plat as “Courthouse Square.” It appears that after a part of the lots were sold Congress, by an Act approved-April 11, 1902, authorized and directed the Secretary of the Interior to issue a patent to the town of Basin City for the unsold lots, and separate patents to Big Horn county for the courthouse square, as shown upon the plat, and to the school district in which the town is situated for the school square, as shown upon said plat; and in pursuance' of that Act of Congress patents were issued accordingly. We think the title of the county to the land in question and the character and extent of that title must be governed by the terms of the Act of Congress and the patent issued as therein directed. The patent purports to convey the fee:- and neither the Act of Congress nor the patent contains any words of limitation, condition or restriction; nor is there anything in either limiting or restricting the use of the premises to any particular purpose. We are clearly of the opinion that by the terms of the Act of Congress and the patent, the County of Big Horn became the owner of' the courthouse square in fee simple and that the title would not revert to the government in case the county should cease-to use it as a courthouse square. It has been repeatedly held that “where a deed purports on its face to be a grant-
The remaining question in the case, viz: whether the county commissioners have authority to convey a part of the block to the United States as a site for a public building, must be determined by our statutes, which are as follows: Section 1067, Comp. Stat. 1910: “Each organized county within the.state shall be a body corporate and politic, and as such shall be empowered for the following purposes: 1. To sue and be sued; 2. To purchasé and hold real and personal estate for the use of the county and land sold for taxes, as provided by law ;• 3. To sell or convey any real or personal estate owned by the county, and make such order respecting the same as may be deemed conducive to the interests of the inhabitants; 4. To make all contracts and do all other acts in relation to the property and concerns of the county necessary to the exercise of its corporate or administrative powers; 5. To exercise such other and further powers as may be especially conferred by law.” Section 1068, id: “The powers of a county as a body politic and