, 1859-06-23
Injunction Case.

Injunction Case.
The case Of Philip Dan r.. John e. Hd'nts'
=, y, Hard aul -tlc"-o X0rrty--Ihis case was
argued yesterday before Judge Wilson, III
Chambers, by Mr. Van Burcn, for complainant,
aud Mc.srs. :. i. Goodwin, T. {. 14"rnci, and
t;ro. F. Crocker, Esqrs., City Attorney, for de-
ft,,nan&s
This case is understood in this city rs piece
of political clap-,rap to impede the working "{
the Civ Government, by u few reckless deina-
3o.ucs, who, tn make pultical capital, :rc VIII
in. Us they haze exhibited in this case to in
iure tue credit If the ctr. The suit was brought
Just at the time Wien our Comptroller was 1t
thu East for tho purpose o! negotiating the
bo.!.ls, :nJ with every chance cl Success. hl'al-
crto the financial reputation OF Chicago las sf"0d
70 fair that she las been enabled 10 get money
1T all ti::lvs the easiest tcf:i5-etlial 10 any
municipal corporation in this country. Inc
Court has taken the matter uader advlsetnenf,
lut i decision cannot b. expected 'or so'at 1e"
DAYS. From our high confidence i'll the lcaF1i-
Jug and integrity OF this Court, We have no
doubt that tic decision will be such ~ Is de-
a,ltlcti by tic justice Of the causr, and tic I'LL
poFtatt Consequences which must follow.
Thy Case is oue brought OIL the prayer "f
Phii;, Dcan complainant, for III Injunction re-
tr:.;.lir. tie city from sauius :l4'',"" IN bonds
under IN orIrr u Common C"unci! passed May
1:tll last past The complainant cia'ms 1ha1
thu 5t;th section Of the amended City Charter,
which saws 1at the city shall shall not b"Fro"
or yuise more than {l9'',""', is :: barrier to tue
issue If ,llcae bonds.
Tie following are the points taken for tile de-
fcndants:
j. Dean cannot ile this bill as all individual
citizen and taxpayer
>. The act cotnpla.,lc,l of-tie right to bor-
row money to 1hr extent If :lt"'""', br the
resolution or ordinance Of May j., l>:':'-lt it,
lcv Il and unauthorized efli:acd, would br tic
u,urpatlou Vi 4 franchise bv the corporation,
and liz rr.l.yd: is snclS hy information IN the
| 1'asare of I"o "dr.a".o HE'D oy 'he S'atcs
Attorney u. leave Of The Court.
>. In any event, Dean could not tiic This ',llt
along, but nnly for himself an'l all o1her e'tl-
zcu> If Chica.o. except the Mayor, Comptroller
and Treasurer. This he las rot done.
l. I'll. iii! does not -ho" that The complain
:,nt u"us anr real estate or pa. any taxes Ill
| The city Of Chicago, TO any amount whatever,
Int on}y that he is 4 Resident, tretioIc; and
taytartr witont showing that hc call be l!jur~
cd 10 the amount even OF one dnl'ar The Court
| ut Cllaucrrr vii not entertain snc!l ! bl'!
). Tie Council have tue right undr: the clla.
nf Sec. =, OF Chap. i, 1Asy have the right to
| torrow not to EXCEED $li"',!Ha' iii any one year
| and to rive tl.cul honds therefor.
| H. Titis is IN independent grant IF power with
| 4 limitation u1,on itself only, to borrow II any
o,,r wear Sl,ni,uu,, in addition to the taS:.::uis
| af t,rre and II half mills Oh the whoie taxahe
property authorized un!s to be levied Is i Gtt-
ui fund to tclrav the contingent l''d other ex-
| pr,srs # the city fur That ycar.
:. Th,. grant ct Euwer leaves nntouche'l th.
other full urants and .ushnrl,yot The counsel 10
| proyj,i:},v ordinance for tie varu'ss specific
objects mcu,in.d il, it for the :"u,l government,
ii the cifv viz: TT prevent and ;r;llt's III oh
s,rut.,iuus in thu wcrs which public hight
| yu,> in 1|r city. :,nh to widen, >1r:3htt Il anu
dcS,n.u the sane tne>t .bl>E and rc.n4tc nlar.
! kcts and other public huun@s: to remove OBJ
>llurtu.ls in the Streets tn lbatc anu rtltl'Ee
| n.is,ucc>; 10 appoint w:stc!!usrr; IL establish
and regulate rui,lic pounds; to crccf lamps :nd
regulate llr I.h1in.. thereof II erect and cs.
;a!,li,h :. I;rlew,i nr House ii Correction and
ar;n,i,!f L keeper ard assistants; I" frec1 aht
construct Hosts or 'lTaw-'' "rtf '!ls ha'i-
.atI waters within the city, aud keep Tie >aIilr
in repair: to preserve thc latbur; T. erect ';'tl
establish uuc or ,i,rrc hospitals; ~ d" ali things
,rce>>:4ry f,,r the public hralih; t"M!c!!a>e cu-
..jne, and VI. .a,.ise and establish Fire DEPART
nent.
= Tla. being authorized and i'll most eases
reuu1rd n: Il matter Of ,!ut. to do all Of 'hr fc:c-
.u:u. and r,cr Ike >{c;tlc tlis:s, tile law a.
1aclrrs II earl, # them an incident. the sl-ft
If tie limited amount ri lie gcfcral iuIid illte
it necessary, to 10 :1il and each Of said acts on
| credit, Or ~ burruw the n'uney tn r:1ahc t',ein
to pay Tor thu S&'s'c-t" rene" sucn atb' "he's
il itc;t:;,r due ur borrow t!;t i's'iey 70 re-
no. a,,.i tXtrn:i said 1vLls shat c:c:t OF f:.IS-
uvwrrs must he construed as call. lnS Will shc:i
| Ill tllrSs. incidents.
| y. I'll, Law :l:n attached rs I'll incident
to thu other powers conferred "n the toun-
| ell as incident 10 the power and the
duty to renew aty bond ur ntller Itbt oi
| thu city and the right to bo1ruw the m"nty II
third persons to do sn. and a!>o the power ::ll'
rich, IN anticipate The expected tax receipts "
leans based thereon, ii u Temporary Character
i" Tl,at M >n=e one Of 1h"se p""e':, All
duties were limited BY Article ~. See !. 'har
l. either in terms which, ".> absolutely Eec>>
. | slry, as M such lntatian can be t'"pf"a no1
| hy any rcu*onab. and fair construction ri til:
whole rHsrtcr in all It's parts. AMI in reference
IL its objects an purposes anl true ltsnt'sli
| H. That t!lc oI',o-!'r construction cahtrn.!c'
for va. narrow aud un>u,.n1. as it left tho eit,
uo ,nwcr to borrow tor any pnEl'o-c. "rr'
$l'"t th'h in any ono vcar. when II was n"trrl'H
tlat that <u.n added I" The tire. aud half nil
tax would not pay the annual Unnecessary eAl"'s''
together wifi, The bn.|s and debts falling due II
successive wears and which, debts the Law pre-
legitimate lu>in,:, Of the t"rpnraton: that >'1c
Was the actual fact in l>1,: that the bnnd
issued under the resolution ii April 3. -" Il
the amount nj S1:'','"' were II ri:a Tor Oh
: wear only us I'LL anticipation IF thr incon!
j | and ihe ay:,ls were applied entirely T.
:. pay up '',e existing debts; that, thy com com
claimants rnn>t,act1nn, struck death hln'
to public credit, and must necessarily 'el
/ to .i<hnuur aud rtpuAiati"n. willie it arrest
4 all improvement and left II" power /" rcha,!
- bridge swept away by ire>hei, "r: publ
\ huiliu. destroyed hv :: fire.
!: II, Tuu, the construction conlc,.dcd for b
The defendants WAS t!4r construction PUT up,'
the cha Ter stree It's adoption by every snre ::
i've administration lnd 1l.vir legal advisers slnl
= 1~:,a. which was consideration entitled I
;. weight in arriving ut its intention.
Ii. That the construction coEtended 1''r i
= the city is fully sustained by tllc cases, is Il
u e,lls r,,e that rnd cun1uce t. the l'rn>irrlt
y anu growth u, tie city, anu in conclusion. til:
!. lie loan i'll question was lny authorized, As
: WIS required by the cAi.encits of tic city.