The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1857-06-20
Hublis nsesine

on Filth street, and other ciiiSens int rested
and eympsthisiae with than, met q the
Court House In the City Of DsvsapOr',
Wednesday evening, June 18th. at 0Pa.
n. J. Hughes, Wss called 70 the shair,
and D. B. Shelley elected Secretary.
The report Of cemm,ttee appointed at
last meeting being called for. Mr.. Bennett.
chairman Of the committee, RESPONDED,
bringing before the meeting a msjpriiy r..
port. the substance Of which 10 - follows
The City Council derive oil their powers.
wi b regard 10 the streets Of the cry tom
the Legislature, and that this power mus,
Do exercised In the way and manner and
for the purposes prescribed in the law con.
ferring this power.
A railroad made and used by private
corporation for their own emolument, and
which the public generally cannot use in
suah manner and for such purposes 90
s,seets or rosds are used. 10 BOT . public
hgh~sy within the meaning Of the law
upon thst subject.
The City Council have no authority IN
der the Law 10 permit the streets vi the city
| TO b used N such manner rs will obstruct
the public travel upon the same. or M will
render the same announcement or dangerous.
The occupation of street. or highway BY
q railroad 10 not one Of the modes Of using
the same recognized - legitimate, aud car
| only be done ~hen express authority l.
given for that purpose.
The authority 10 take private property
for public use, or TO deal with property ap-
propristed T. other public easements and
uses, 10 msnifestly . high exercise Of the
sovereign right Of eminent domain. and ca
only be effected BY the clear, nnequivocai
authority OF the Legislature. who are con.
stitutsd the judges Of what tie public good
requires.
AZ the Legislature OF this State has no,
conferred upon the City Council or the rail
road company, BY sxpresa :.rms, any ssch
authority, the conclusion 10 that the ord
nances Of June. 1899 and 1857, by which
the railroad company were permitted to &C.
cupy Fifth street with their tracks and car.
are illegal and void.
II this view 10 correct II follows that the
railroad company are occupying Fifth stree,
without night, and % far - that occupancy
hss Injured the property owners on tha,
street, they hsve remedy by action fol
dsmages. unless they have released oil
clam to the same or agreed to that occu
pancy.
Wbereupon Mr.. Parker presented minor.
ity report. differing from the maj .ri,y on the
following points
The min .rity report submits that the
Council 10 the sole Judge Of what 10 best u
promote the interests vi the city, and that
u hss the exclusive power TO grant to the
.silroad the right to Icy down . track in
Fifth street, aud 10 use the same for rail.
/ ~. - 4
power 70 allow . street to be used for other
purposes than - highway, Or for purposes
which will materially interfere with thu
right Of the public 10 use for the legitmsie
use OF . street; that : railroad IL onr OF
the modes Of using . street, not incons,s
tent with the psrpose ior which II was e.
| tsblished, and that such Use 10 . legitimate
and proper one. II the same 10 not utterly
Incompatible with Or subversive oil the eud
Tor which they are established; that the
city, having tbs authority To grant the rail-.
| road the right To use the street without In
pooling upon them the condition of grading
and paving the entire street, II had also the
power to release them IRON that OF | cation
A copy Of the minority report was ncl
received By us. We the more reRre, this
- We understand from Mr.. Parker, tina,
The above By no meass states the position
Of hs report correctly GAaErrs
DR.. Baker moved the adoption OF mai lr-
lily report.
Mr. Bennett claimed that the authority
% grant . right OF way 10 q railroad con.
psny must be clear, distinct, and uoequivo.
cal. othsrwise the authority may be with
canal a~A
turnpike company 10 plank any street IN
the city and levy toll on oil who travel
| thereon.
Ar. Parker agreed that IL City Council
has scied withoa' authority in making lite
grsass TO the railroad. property owners have
. remedy. but clsimed that the Council are
the sole judges Of What IL the public bene.
81 u the sse Of streets.
IT. Plvmer moved to ame.d the motion
OF DR.. Baker % - to receive and publish
both reports, but adopt neither
| Mr.. Collins was in favor of receiving the
majority report. and pub fishing both reports
4r. Bennett stated thai he had arr, ed al
h's own conclusions, after much invsstigs
ton and reflection. and had no desire TO
vary, or change his report in the lcss.-but
the report contained HE conclusions only -
end not the reasons and authorize. on which
those conclusions were based. lie desired
time to embody HE reasons and the author.
ttiss IN the sePor. before the same was pub.
| lished.
| NJ. Churchill suggested that the motion
be % amended - 10 receive the reports and
ley them on the table.
In answer TO suggestion OF Mr.. Barrows,
Mr.. Buchanan sa,d that oil tie committee
required ~ time, to embody their reasons
and authorities ia the report
Dr.. Baker then addressed the meeting on
the rsprehensible course of the Railroad
Company. IN promising repeatedly 10 fulfill
Their co0tsacts. and then utterly refusing to
perform then. He then withdrew his mo.
ton. NJ. Churchill moved to receive both
seeosss and Icy them on the tabls.
~. Collins oejscsed-Ms. Churchill sta
ted that b he'd . conversation with Mr..
Jv69, ose Of the directors Of the n. 4 N
'ssd, lev dsys aimee. and was informed
~ him that there was no say Of get.
ing out Of the city westward except the
way nos us-d. and that if urlven from thr
the road ~',uld 20 to Esst Davenport.
NJ Darross stated thu. the ray.ne eas,
Of Le Cisifss ses,dence vas no, onI, prsc.
ticsele. but YES comp etc natural railroad
route.
The motion TO receive both reports and
continue majority committee was carried
unanimously.
The following sssoletions we're then pre-.
sensed:
let Received. The, in locating the Rail.
soas IN Fifth street through the CIT, Of Ds
seapost, the acts OF the D. L. n. Railroad
Company wss controlled BY some interest
sa'sgoaassic 70 The interss, Of said Compa.
ny.
ID. Resolved. That the rav,ne east Of
hr. - Clsire's residence Is the route de
signed BY nature tor the Railroad wes,ward
tom the city OF Davenport.
ID. Resolved. That committee OF three |
% sppoin ed TO open correspondence " i'm |
the -. 4 d. r. r. Co., with a view 10 IN. |
vestgsss the proposed rou,e and fiaally OBJ. |
tain the removal OF the road from r,uh Of.
sns place on the proposed route.
Pending the melton on the adoption q
which II. Hughss stated tina, he mad made
thorough examination OF the rsvine ess,
Of LeClsi -, and read description Of ,as
route made q the time.
Tbs resolutions we're adopted unsn,. |
'novsly.