, 1859-06-03


, cnI'latically Of stfam. Yours,
\ TRAVELLER.
CITY 1kaiIways-Ontnfonx0 or Hon. Ar
, cAibald Williams, 1. N. Arnold and
The opinions given below Of well known lesa
gentlemen Of this city, and OF Hon. Archibald
J Williams. of Quincy, one of the most c,nncnt
lawyers in thc country, relative 10 the right to
construct Horse RaItways in cities, under the
General RaiIrond law Of the State, yarirs widely
from tAc construction placed upon that taw by
tic Common Council Of this city. The views
herein contained will doubtless be read with in
'crest by a c!asses Of citizens, inasmucl, Is all
arc interested in the matter to which tfcy mr.
tain.
cnrAGo May, q, ls:o.
have carefully examined ttc provision. If
u" act Ii provide Tor Il general system Of rail-
road interpretations, approved Mn !, l>ia, and
aso tic articles Of association under which the
est Chicago and Lyons Railway Con1rany."
and the West Chicago aud Harlem R:silwyay
| company Iavc been organized; und my orn-
ION u t'lat the said Companies arc legally and
nrcnlariy n incorporated under said net, and hare
| 1ul no~er aud perfect right, under their ~.
spectre charters. to uprly for and receive the
consent and permission Of the Common Council
u !Ac city ol Chicago, to construct and opcratc
lnelf respective lines through the streets Of said
cny' as designated in the petitions Of the Dirvc-
oon eo.s VI saaa to!nl.an1es; and should such
consent and permission he given them, that tbry
WI then l,avc the inll legal right to construct
their said lines accordingly.
nave particularly examined ttlc .od section
ot said net, which understand l,as been rr|;rd
upon oy sotne to show taat said companies can
exert T no such powers as have above indicatrl
until specifically authorized by tho Lcr;sint,,rr
10 my apprehension it is perfectly clear. that
such section applies only 10 cases in Which 4
cefnpai'v organized, or 10 le organized. mar d..
a1'e thc additional iuwer to condemn land f,r
corporation purpuses. ANY such company cau-
net condemn land, wit''nut the sl'ccal authority
q! the Legislature, but all nther powers arr. |
giscn " tue general net itself to any company |
nf@anlzt under Il, without any application to |
lhe Legislature wllateser. And Of cour,e when |
inc power Of condemnation is not desired or
needed, Ill the franchises of sucl company art.
pcr1cct under tl!e general Law. Tie last clause
~ sa.d I'D section applies oaly to con,panics
Which need and apply for thr rowcr oi con-
tIellnny land.
~ tht companies now rcttion:n,: the Council
as above described. do nut desire or ur,I 1},r
power Of condcming land, the I'D scction ~
entirely 1napl'l!cablc to them. II. WALLER.
t'mr.Gc. May :6tl.. 1859.
concur entirely in tlnc foregoing opinions Of
L. ailrr. Esq. The railways therein referred
to, haTing complied with the provisions Of th,.
hrst section Of the Act If November j, 1sI:. Ia
provide for general system Of railroad inccr-
rofatlons, they thereby became entitled to cx-
erclse tue powers enumerated in the list sec
tion Of said act. but if they wish to acu,irc
pffsate property Tor til" construction Of their
roads, then and then nnfy, they have III :nnv
" Tue Legislature under the provisions OF ili1r
I'D section 0f the salllc act.
II upon such application thc Legislature dr..
,ettinc: tlat the construction Of tie road will
beot sufficient utility to jus,it. tic takiu, pr;.
vate property Tor it, construction and u,ainicu-
ahce, then tue company slsntl Enye power f.,
condemn private property, etc 1u ill xurI eases
TIC LEGISLATURE reserves IL itself thu right TO in.
dlsatc the rn'1'e and lcrmiui Of tic road
Ire .4th SECTION Vi SAME Act provides tl,ut
nothing in this Act contained sl,alf authorize IT,.
Rnld company tn 1ialra location nf ,l,cir 1racl
within uuy city without tue cu.scnr ot Tin f,,,.,,
non Council Of said city, ~''"'
The companies referred to in the forr,,o;n.,
opinion arc Completely 0t..'l4i=tI u,.ti uafh1r;I
o e,tr''ft 0N thf porfT* oh1fram1i*t< or Il Rail
'oad Corporation, except the power IL coudcr,r
,rivatc property md to locate their track within
he city Of Chicago. t. obtaiu the Hr.t ,l,ev
must apply to the Legislature fur tlle sccor.l
hey must apply to the Common Council Of thr
;ny Of Chicago. '''>
If thcr can acquire the right at way bv .sc
consent OF the owners Of the lu,,tl over Which,
priy to the Legislature. !"
Iiey may proceed i" bnid and operate their
oads at once 10 the CITY limits, and IN nnr ,
'o'nt within thc city limits, with the cons,n, of
lie Common Council.
I''e ea*e OF Gihwatcr rs. the Mississippi and Al.
anf'c Ha'lroad Company docs]nut coutlict with
lis opinion. That ease decides uothnr h,, c
lat the Company Lad No power without IN m. 1
I'calion to tile Legislature To condemn nri,.,,c
rope1y. ll3 ILL.,, Rep. H.
Upon careful examination Of the f,c,s ,,d I
Nv u the case have no doubt that the .N,st :
'n,cdgo a,A1 Lyo"x haiudy Gao4njuav' and 1Lr
n1A Ihsoayo d"d HaF1e'a A1itsnay lompany,"
ent Of the Common Council, proceed immcJ. s
itcIy to build and operate their roads from IT,. !;
MS and Harlem TO any point or roiuts u.;tl;
he limits Of The City Of Chicago. ''"" ="
ARCHIBALD N1LL1sxs Il
!: s:-Ih's i, opinion is based upon the sur1u- y
tion that the company lluyc procured or a., ;
rocure the right nf way outside of C1,;coro J.
he company may However without prorur,n,,
ch right Of way build and operate 20 r,na,' *
4ciF roads " lies within the limits Of Cbica,,o
4. WILLIAMS. Il
have examined the laws and nrococd;n 81
,fcrred to in the foregoing opinions Of Nc,s,s b
alItr and Williams, and fully CONCUR with !,
len in the several opinions aforesaid.
Is. 5. NORRIS
hare read the opinion If 1. Williams Eso "
efcto attached, and concur with him iu opinion r.
regard to the construction of tue 1rt N "
rov.de Tor general system of railroad incor.
oratioos.' IsA.cS sa. aaeo'- r.
From Washfnxton.