The Davenport gazette., 1848-08-10
fLnr The Gn--ife.

with myself, that occurred at the last meet
ing of the Council.
II was proposed that statement OF the
amoun, of the District Road Tax" laid out
on Harrison or Ditch Street during the
present year be required Of tho Supervisor
and submitted 10 the next meeting Of the
Board aud also that he should be instructed
to keep m account III future OF the road
kwork expended under the control of the
Corporation.
Any one would have supposed that re-
quest 50 reasonable would at once have
been nerced to. but insurmouniablc ohjcc-
| ,ions were in the wav--it was refused. In
Tree land the people bein. the source Of
power have right 10 demand through
| their representatives. or otherwise fnil
statement of the manner in which tho fruits
Of their industry have been applied bv their
servaD,s--ihe Mayor oi Davenport howev-
cr seems to entertain different opinion.
having given tho casting vote nrain>,
granting the required information The
reasons Tor desiring the Supervisor 10 re-
port were
lat. That tho actual amount laid on, OH
| Harrison Street may be known, for unless
the road work expended there be taken into
the account i, is impossible 10 e4hibi, cor
rect estimate of the cost.
2nd. That ms other parts Of the district
in which road work is required, ns for in
stance the Bridge near Daycnpor's Ware
house on Front Street. winch must have
cost the town some $50 or $40 or more, is
for want Of little a;ten'pn and labor fast
going 10 ruin. The bluff road leading from,
Brady Street having been travelled for
nearly year by loaded teams since any
work was done on lt--stands much IN need
Of is .iust quota Of the road tax-ihc road
leading from this street which believe is
the only one .laid OUT leading To the Sci
/ Elements north, has not ~ much as been
opened although il was laid out BIZ an,hori-
Is of The County Commissioners > or Il
wears since AMI the present Supervisor.
Mr.. Sam'I. Parker received notice some
weeks ago TO open 1.-THE road as III pres
cnt travelled runs across private property
and Of course may be closed nj the pleasure
Of the owner and teams from the country
since Noeis fence was put ~. have 10 irav-
cl about three squares West and the same
East ngain in order to re, into town--ii
was thought proper under these circum-
stances that The amoun, Of the road tax o.
the Dlsiric, laid out upon Harrison Street
should be known.
81. 1t was desired thu, il should be known
ulsc. because il is though, very doubtful
tha, the Corporation has legally any right
10 apply the ..road tax" 10 anv mere local
Improvement u the exclusion Of the public
road,, indeed il is questionable il il have the
power TO con,rol the Supervisor in the dis.
charge OF his duty, certainly the Ac. of In
corporation does not in rords give it that
power--it gives the right OF appointment
only. When appointed State Law speci
iics his duty. The corporation has assumed
the place Of state law and controls the Su-
peryisor in tho discharge Of lis duty-bc-
sides the County Commissioners arc bs law
authorized when road is laid OUT To is.
sic nm order 10 the Supervisor TO open it,
that is, 70 put il in a condition Ia be travel
led, then the power expressly given TO the
County Commissioners i. nulli;ied by the
nc. Of the Mayor and Aldermen of Daycn-
port. What then IS tie conclusion? FL
ther the Corporation presnmes . exercise
\ power belonging to the State Legislature
Ito absogate an existing law as IT virtual
ly does, 81 far as the District is concerned
or the law gives certain power TO the Conn.
" Commissioners and the Corporation
: which botn cannot exercise at the same
;ime-in other words tho laws conflict.
BIT il is evident that as il il the duty Of
, the County Commissioners 10 lay out roads
, they ought also to have the power TO open
, them nnd this the law gives in express
,cords--,he control exercised by the Cor.
pora,ion over the Supervisor is no, tin,
; girca, hu, is merely nlcrred-bu, ns the
inference is opposed TO the special righ
, given the Commissioners the Council ,pusl