, 1865-02-05
CHICAGO, SUNDAY, FEBRUARY 5, 1865.

ent from our ordinary charters foc insurance and
otner Kindred companies. and Indeed from ordina-
ryr2ilway companies, luasmpch as the competing
lines may, to conc extent, do away with their cx-
c1uElSe and moncpoltzing character. There can
be bnt enc line Of such rnilway upon any street.
To yeet for nnety-rfnc years this exclusive right
city. ia to Eng the least OF 1t, measure OF very
donbttnt cspedfency, II tends to cnharrsss the
clty Of Chicago with questions Of vested trrcpca!
able rights in The puhlic streets existing In pri
vntc corporation, and may be the occasion here
af!er Of Ianch controversy and dissatisfaction.
In addition TO this objection, based upon the m
there are several other serious objections whieh'
rcqu1rctQ be noticed. Dy2a c1ause of the second
eecuon my and all nets or deeds Of transfer of
r,ghtft privilege, J., Or franchises between he cor
&c &c %hoe Il nosnse IN ysaT aass
5l ahd ), are expressly made pnrt Of said
before tho General Assembly. Their special
tctmA and Provisions arc unknown In tie ab-
scnce Of the referred to, it ie tmpossi
lawful or constitutional. except as they are ex-
planned By the. friends Of the bill, to be uuexcep-
lopabls: When private acts and deeds ore sought
paramount Importance that they should be cx-
pressy sisted and set forth In exacttermsin the act
it9elly When and how are tho public Or the leg
corporations have by this net become law?
And further the contracts, stipulations, licenses
orr or nnaettskings M n9w existing between the Com
fIom amendment. modification or srepeal without
tle consent Of this company So ar as the licenses
and undertakings here referret IL arc matters Of
pora'oTs 10 er % eouqse ns cssen-
PAL, and no sneh provision would be necessary;
6qt so ar as they are not matters OF contract but
persieion. docs not this provision nut an uuwise
ind unnecessary restriction and Limitation upon
81 the sixth section of the city ' orti,pa1eo of
August 10Th. 1858, which was made part OF tho
aci ol February 18th, 1859, 1t is provided that tho
exceed five cents. This provision gives to the
company O right Of which tt cannot be le.
gal1y deprived durin: the whole -e5tended
q fare Of i've ccnts. It Seems nnw,se in View 81
The constantly improving methods of travel, and
the constant tendency towards new and 1seful dis
coyesies and Improvements, by which tie expcn-
duccd, to absolutely bind The city OF Chicago for
so long term to pay this rate Tais corporation
has stil nineteen years in tshtcl to maintain this
ab,ie Interest especially Win those d The % poor. or
the rate of fare shall be 1T: opcn to all sadh
sbg shsHgss g de as1sSa Saad0n Of '' at that time
There T. further rs"slso il tho bill that the
such aldermen Is may be prsseS but bmajG1 sba Ss Or
subject to no modification Of repeal aftcr bcipc so
n5ettd 'leeeaaeo onty M p majority Of al the aldermen
ne practical effect Of this may be that as he
common council Is row constituted, nine mem
FER on3a sy csease the rae Int
able 10 appreciate this discrimination In the biIl
n lLvoF q the corporation and against the city,
It seems TO me that II any ference wcrc consid
@ efed t. should have been just the reverse
The third section of the bill, while It dec1ares
ne pfoh1b1tton clause 0! the get therein referred
TO- to Ie,enacte doss N tact repeal such clause Tor
tion referred to lprohibited tie Common Council
l,s.n rom authorizing any railway upon certain
ea9 sst while thls By su5
renders nnsatory tho very prohibitions which It
proposes to re-enact. The p.oyiso Of said third
section Of This hill eonlers upon the Common
ehc assent lof Private corporation, to alter, re-
general Assembly Of this State. Il certainly ad-
power e.n Be lawfully eonierred ti upon asA that
power !, is ,alia TIC PEopfiety and exgeaency q
ls yt1y Einth to he questioned. The ground upon
.@Aich this rrreal IF this prohihitdfy clause is
based-a clarse which an informed was passed
The citizens Of Chicago as safeguard OF grest tai
portsnce is this: that /. is proper that the control
axer The st1eets Of TIE city Of chicago should be
:oralderatlon would have much forco II it lad
been urged By The city auhoritcs Of that city and
It were tue that ts section drawn gnve to the
y the Streets included In that prohibition. But
'ctloD OF the Common Council and Of this cotpo-
aticn TO effect the repeal OF modification Of the |
his corporation can obtain right to run upon the |
prohibited streets by tho assent 81 the
y Withholding It's assent prevent the
'oration to run upon them. There eecms to be I
10 good reason Why, lfthc Common Council are |
Q be clothed With any power at all over the pro-
l1lited ttreets, they should nor poeseas the whole
'oEer. and there is no jus, principle ofleeislatlon
! h1eh can be invoked IN favor OF the ptoyso in |
hsa tcc:ion.;, which mnkca the action Of tue Com
con Council, upon 20 important matter, subject
q the mere will Of a private corporation, whose
interests won1d Of course be adverse to repeal of
be prohibition In favor Of any one but them
elves.
! have not, gentlemen. In submitting these
Jews to you, been controlled BY any wish to In
uence the notion Of any one, but solely By the |
eatre to explain the motives OF my own action on
bis bill. {Signedl
RICHARD ]. OslEsnr,