Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-05-08


lssaeil shat i6s s,css assiiabll and tscas
mica, rou,e scssyss the bluff westward tas
at the place where the cit Is now made
and ia order to reach this point 1t would
be necessary for them To pass through The
city, and along some public street, and that
at.sa examination they had found 9Th street
tn. most desirable one.
The City Council in common with the ci
iixens Of the city, were exceedingly anxious
that the company should be accommodated. |
aud to this end they manifested a most com
,seniable disposition To suffer ia point OF
pecuniary interest to accomplish it.
With little Or no opposition the grant was
finally made. las per Chap. ~ Of Revised
O~rdinsnces) subject. however, to certain
conditions. to which / shall hereafter allude
more particularly.
The passage Of the Ordinance granting
the right Of way WAS not, by any means
all the company had to do in the premises.
la order to save heavy land damages, and
probably annoying and vexatious suits
therefor, it became necessary hat they
should obtain so far as possible u relinquish-
ment Of all claims for damages from property
holders, whose estates fronted on said street.
Such Accomplishments were in most instan-
ces secured, and with but few exceptions
owners If property released to the company
any claim for damages they might have
sustained, voluntarily and without remunera-
lion. | have been many times assured.
however, that this release would never have
been made, or would have been far less
general, had il not been for the representa-
tions made by agents u the company, who
were selected to procure it. The strongest
| argument used by them was that by the
| terms Of the grant made by the City Coun-
| ell, it was made incumbent upon them to
to grade and pare. or plank the entire street.
| Lcfore Ney could make use Of the same under
| the grant, and that consequently what pro-
perry owners would loose by the occupancy
Of the street by the company, they "o"Ad
gain BIZ hariny II graded and paved or
plankeI, at the expense Of the company, and
that too long before the same improvements
| would be made upon other streets in the
citv.
These facts can be substantiatel by the
testimony Of "a large number Of property
| holders. whose evidence can be had in u legal
form, whenever called for. In constellation
Of this and that the tax payers OF the city
have hcnorably and promptly fulfilled all
their contracts with the company, and have
materially aided them with their money in
the construction Of the road, ! cannot rom
prehend by what course Of reasoning the
company have 50 long declined to perform
tn.'' portion Of the contract. They We're
certainly under moral obligation to have
had this impro, ement .olnIa.t"l u year
ago 1t seems to me in addition to any mo
raj obligations the company are legally
bound. and from present appearances city
is likely to be compelled 70 resort to its lie
gal rights.
In this connection allow me to call Your
attention to the wording of certain portions
OF the Ordinance making the grant.
See. |. Chap "a says in consideration o.
the performance, (not in consideration thai
the company will hereafter perform) Of thu
conditions hereinafter specified, permission
&c. is granted upon the following condi
tions, to be performed by said company:
Isl. said company shall at is own p~ope
cost grade and pave or planl
the entire street in such IL manner, rs I,
make a complete roadway.
From II careful AMI repeated examination
Of this Ordinance. | am unable to under
stand it hut in one way. which is, that
was the duty Of the Company before the,
run II ear or engine along this street, 4
:, hay. performed its portion Of the contract
upon the performance Of ,rhieh, in my olin
ion, rested their right to use it. The RICH
was only granted upon the performance q
thi. stipulation, and not upon a promise L
perform. The grading, paving, or plank
ing the street, was a condition precedent t.
the use Of it, and until this is done, they are
in my opinion, tr.srassers as fully and com
, pletely AS il no such Ordinance had eve
been passed.
Notwithstanding the clear, legal right
which the city has had in this matter. an
the great Inconvenience which owners q
property ON that street, rs well as the citi
zens generally. have suffered 10y reason q
the condition Of the street, they have eN
hihited the most remarkable patience an
forlearancc, and nave submitted most read
lily from time to time, To the delays OF tn
Railroad Company, for reasons which wer
urged to relieve the Company from the per
f,rmuncc of IL contract, the terms Of whicl
they were most strictly bound to compl.
with, or remove their rails from 5th street
Committees have from time to time beeI
appointed by the Council. who have wait
ed upon the Officers Of the Company, AM
who have reported that they were assure.
that the work should he lone at an earl,
day. Various reasons have been given fo
the delay first. the proper stone for paw
ing, DC, could not be- obtained till tn
Bridge was finished 50 as to bring it from
Illinois; the burning Of the Bridge was tn
reason for another delay. Now there is
hint thrown out. Of u doubt AS to the oh
legation Of the Company TO make the side
walks. &c. II is time. in my opinion, if tn
city have any rights. to assert them. 1t i
the duty Of the City Council to act prompt
~, and Mt once, and to compel the Compan,
to do that which should nave been don'
long since.
Fifth-street is one Of the finest. natura
streets in the city, but owing to the condi
ticn it has been in for four years. it is al
most valueless. Improvements along til.
street have stopped; there are no place.
where a carriage can cross the rails, except
( at the intersections Of other streets, and tn.
Inhabitants, instead Of having a good street
and sidewalk before other streets in thu
city, as promised by the Railroad Company