The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1857-05-08

HAYo1's uDoAoB
G.nrLsnEn o. TaR CsusciL
In accordance with provisioa " 10 City
Charter would respectfully call The assss.
tlon Of the Cosneil - Ne present esalitios
Of ssh street 10 this slay.
On the 2Sth day ofJuss, 1858. nov near.
y four yesss since. ~ Mississippi Z Mis-
souril Railroad Company made application
to the City Council for the privilege Of Icy.
ing down . single track Of il road in and
through the centre Of 9Th street. together
with such other incidental srsn,s . would
enable the company 70 make use Of sa;d
stree. for Railroad purposes. In ssking
this graat the company represented to the
Council that the most available and econo.
m,eal route across the bluff westward wss
at The place whore the cut Is now made,
and 10 order to reach this point Il would be
necessary for them 10 pas through tAs city.
and along some public street. and thst upon
examination they had found 6th street the
most desirable one.
The City Council ID common with the
citizens Of the city, were sxcsedisgly anxi-
ous that the company should be secoaao.
dated. and to this end they manifssssd .
mosl comnendable disposition to suffer in
point Of pecuniary inssres, TO accomplish IT,
With little or no opposition the grant was
finally made, (as per Chap. - Of Revised
ordinsnces) subject. however. to certain
conditions. to which I shall hereafter slluds
more particularly.
The passage Of the Ordinance granting
the right Of way was not. By any means. oil
the company had to do In the premises. In
order to save heavy land damsgss, and pro.
baby annoying and vexatious suits, there.
fore !, became accessory thu, they should
obtain 80 fer . possible relinquishmens
Of all claims for damages from property
holders. whose estates frsntsd on said street.
Such relinquishments were in most in.
| stances secured, and with but few exssp
tions owners Of PROF ersy released TO the
company any claim for damages they might
have sustsined. voluntary and without 70.
Enumeration. have been many times ~.
surcd, however, that THE release would
never have been made. or would have been
Tar less general, had Il not Seen for the 70.
presentations made BY agssts 81 tho CON.
psny, who were selected TO psoesss Il. The
strongest argument ussd by them was that
BY the terms of the gran. made By the City
Council. IL wss made incumbent upon ,hsa
to grade and pave or plank the entire street.
before they could make use Of the asms
under the grant. sad that consequently wha.
property owners would loose By the oscu.
Psncy Of the street BY the company. they
would gain BY having Il graded and paved
or Planked. q the expense Of The company,
and that too long before the sane improve
ment would Be made upon ether streets il
the city.
These facts can b sustained BY the tss-
.imony Of = large number Of property hold.
| ers, whose evidence can be had In legal
form whenever called for. In view Of then
and that the taxpayers Of the city have
honorably and promptly ful6llsd oil ,hsil
contracts with the company. and have ma
| terially aided them with their money IL the
construction OF the road, cannot comprs.
bend BY what cossss Of reasoning the con.
pany have so long declined 10 perform theft
portion OF the contract. They were Ger.
tainly under moral obligation 10 have had
this improvement completed year ago
l, seems TO ne in addition to any nora
obligations the company are legally bound
and from present ape arancss il 10 likely Il
be the sourse which will BE- most elective
Ia this connection allow me 70 sall you
attention to the wording Of certain portion,
OF the Ordinance making the grant.
Sec. l. Chap. - says 10 confederation o
the performance. (not in consideration thu
the company will hereafter psrform) Of Ii.
conditions hereinafter specified pssmissiol
SC. 10 granted upon the following condi
tons, to be periosmsd By said company
lst. Said company shall It IL own props,
cost grade and pave Or plank The sntlrs
street In such manner, - to make con-
plete roadway.
Frem > careful and repeated examination
OF this Ordinance, I an unsble TO under
stand IL but In one wsy. which 10. that Il
was the duty 81 the Company before the,
run a car or engine along this street. te
have performed IL portion Of the contract
upon the performance Of which in my opia
on, rested their rights to use il. The righl
ses only granted upon the performance o.
this stipulation, and mot upon promise u
perform. The grading. pav'ag Or Plsnkine
me street. was . condition prscedsns 70 the
use OF il. and until Ibis 10 done. they are. In
ny opinion. tssspsssers ~ fully and CON.
| plsteiy ~ il NO such Ordinance had ever
been passed.
Notwithstanding ths clssr. lssa! rights
which the city has had IL THE Aatsss, and
the great incosveaiescs which owners oil
property ON that street, % veil - the citi
zens generally. have suffered By reason Of
no condition Of the street.. they have u.
hlb',ed the mos. remarkable patience and
forbssrsnce, and have submitted nest road.
lily from time 10 time. 10 the dslays Of the
Railroad Cempasy. los reasons which were
urgsd 70 relieve the Company froa The per.
formance Of ! coM,sac.. The terms 81 which
they Iwese meet strictly bousa 70 eeaply
with. or remove their rails from SsA.. street.
Committsss have from time to tine been
appoiassd b. the Cssssil. who have waited
upon the O@esss Of tAs Conpaay. and whs
nave reported that hey we're asss,ssd ID .,