Identifier: historyofcuyahog00glea (find matches)
Title: History of Cuyahoga County soldiers' and sailors' monument. Scenes and incidents from its inception to its completion.--Description of the memorial structure, and roll of honor
Year: 1894 (1890s)
Authors: Gleason, William J. (William John), b. 1846
Subjects: Cuyahoga County Soldiers' and Sailors' Monument (Cleveland, Ohio) Cuyahoga County (Ohio) -- History Civil war
Publisher: Cleveland, O., The Monument commissioners
Contributing Library: New York Public Library
Digitizing Sponsor: MSN

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the Public Square is entrusted. In this case nodedicated public street is to be obstructed by the Monument. Thediagonal paths through the southeast quarter of the Square are nothighways, in which the public has acquired a vested right, but theyare like the walks of a park, subject to change at will of the lawfulauthorities in control. The access to complainants property willnot be interfered with in the slightest degree. We, therefore, conclude that the use proposed is within the usesto which the Square was dedicated. As before stated, the SupremeCourt of Ohio has decided that the Soldiers Monument Commissionis a public authority lawfully constituted by act of the Legislatureto control the public uses of the Public Square to the extent oferecting thereon the Soldiers Monument. This decision deter-mines finally the right of the Legislature of Ohio, so far as thelimitations imposed by the State Constitution are concerned, toprovide for the appointment of the Commission, and to confer on
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LIEUTENANT-COLONEL MERYIN CLARK. soldiers and sailors monument. 311 it the powers given in the act. That decision is final as to the va-lidity of that statute. The only question, therefore, left to us uponwhich we can exercise an independent judgment is, as before stated,whether the act of the Legislature under which the defendants areabout to proceed, violates the Federal Constitution by impairingthe obligation of the contract of dedication from which the com-plainant has derived rights in the Public Square as an abuttingproperty owner. The claim that the contract is impaired by an im-proper use of the Square, not within the scope of the original pur-pose, we have already found to be untenable. It remains only toconsider the second claim, i. e., was the City of Cleveland, by thecontract of dedication, made the irremovable trustee to manage andcontrol the uses of the Public Square, so that an attempt by theLegislature to substitute another trustee is a breach of contract ? The dedicat

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