Repository: UIHistories Project: Board of Trustees Minutes - 1908 [PAGE 169]

EXTRACTED TEXT FROM PAGE:

1907]

PEOOEEDINGS OF THE BOAED OF TRUSTEES..

141

meeting of the board of trustees held in December, 1883, the Executive Committee reported that Dr. Peabody, Regent, was given authority "to sign on behalf of the University the requisite petitions to secure a street railway in front of the property of this University on Wright street and Green street, the condition of the petition to be such that the track of such railway shall be so constructed as not to disfigure the street and shall be kept in good order with road bed full and level so as to form no obstruction to carriage crossing at any point opposite the University land; and no depot building "shall be erected opposite the University buildings without the consent of the board of trustees; the construction and conditions above to be embodied in the ordinance and a guarantee that sufficient cars shall daily run on the proposed line to accomodate the need's of the travel to and from the University." I can find no record showing that Dr. Peabody ever acted under the authority above mentioned. Although the record .does not show a specific permission to that effect I make no doubt that at some time permission by the board was given to the company to lay its track and operate its road through the campus along Green street. Such permission was granted probably some time during the administration of Dr. Peabody. At all events, it has been repeatedly recognized by the board in official communications to officers of the company and by resolutions indicating the manner in Which the permission should be exercised since his time. There is nothing to show, however, that the board ever contemplated permission to operate for any definite period. The view entertained by the board is quite well shown by a resolution passed at its-September meeting, 1895, to the effect that the company had no permission to occupy the grounds of the University "except as a'tenant at will." Moreover, in the light of the present legislation and the title by which the grounds of the University are held, the board has never had legal authority to make a higher grant than one "by sufferance." The title to the grounds is held by the board in its corporate capacity for educational purposes. I speak, of.course, of the legal title. In an equitable point of view, the State owns the property and has the right to control it in any way consistent with the original grant: The board is without power to divert it from the purposes of the grant. In my opinion, no grant of a right-of-way to a street railway company over the grounds could be made without authority of the State so to do. Furthermore, I am of the opinion that such authority can be granted only by legislative. enactment. With regard to the contention that the action of the board in opening up Green street over the grounds and allowing its free use by the public amounts to a dedication for street purposes., I am of the opinion that no such construction legitimately follows. Nor can lapse of time, with user, be construed to establish, as against the University, a prescriptive right to use the land as a street; for in reality, the State owns the land and through the board of trustees has the right to control it. The authorities uniformly hold that right by prescription cannot be gained by adverse possession against the State. It follows, then, that the city of Urbana has no authority to give to the railway company any right to operate its line on any part of Green street not dedicated to the public before the University acquired the ground. By virtue of a deed, executed by. Drusilla G. Preble on October 6th, 1863, right to operate a road over grounds now occupied by the University was given, and in accordance therewith a track was laid along the route now used by the "Interurban" between the mechanical engineering wood-shops and the metal shops. Over that route a road was operated until sometime in 1891 or 1892, when the company ceased to run cars over it and subsequently removed most of the iron. By virtue of a provision in the Preble deed, to the effect that if the railroad company should at any time cease permanently to use and occupy said road as constructed, or abandon the same, the premises should revert, the company thereby lost its. right to the strip and the University became invested with it. An arrangement was subsequently made, however, which allowed the laying of "interurban" tracks, the details of which I have not been able to ascertain.