, 1865-02-06

W6eh
this agreement Of purchase and sale shall take
effect Tor the like period. Upon any fair con-
strncuen Of the act It eeems hardly suscepthl. of
spy otae5 r. meaning have heard none other
suggested, were to be admitted, that the right Of
purchase secured by the eaid Ordinance, is only
barren right Of purchase OF the said railway tx-
tnres and property, and that the extension Of the
franchise for the further term Of s.rcnty-four
5eare, would NOT necessarily prevent the exercise
Of such right Of franchise Il such fixtures and
property al the end Of the twenty -dye years, 1t
seems sufficiently clear thAt the intent and
purpose Of The contract gly1ng such privilege
ofpurchase to the city OF Chicago was that the
condition for i.enedc1a, nac, pnd not Hight 10
purchase such property eeparated from the right
Of use, which alone rendered It Of value; and
ihe limit Of twenty ave years In tic eoat1act with
the corporation. In any view. therefore, which
have been sble to take Of the fEtt ecct1on Of the
een1emen On beh sdes Il seems 10 ne ts hat i'd &c
direct and necessary effect Of shiA action is to i'm
pair the obligation Of the contract Of purchase be-
The time when the city shall exercise its vested
right 10 purchase The property from twenty-five
ma,e5s
contract Dullity. That the contract ia thus in
paired between the clty. and the corporation can
hot reasonably ssrnlt ,o of question, and were It
tions ifs unconshtuuonnlity would be apparent to
all minds.
into on the one part by a mere municipal corpo-
ration which it may be insisted is here REPRESENT
cd by the Legislature having paramount control
Of the municipality, takes away the constitutional
objection, may be a matter Of grave question; the
right of purchase thua secured is mantfestly
properly interest OF great value and importance
70 TIE edty. It is hght which formed % PsEtM M #
contract between the city and the first horse ral1-
way company. and II may well be supposed that
the length Of the term for which these exclusive
privileges were to be granted was matter OF the
fnllest consideration. For the Legislature now
to interfere and without the consent OF the city Of
Chicago to extend the time when the agreement
my Judgment. be manifestly to impair thst con-
tr4et u ere offs most material pIo.isigns:
It might with propnety BE- referred to the judicial
tribunals for determination. and we're the act one
1nT93vng public law, or any interest Of great
npon Eth which had received the sanction Of 4
large majority Of the teeislature: bnt cannot BE-
bill under consideration, IL to eonfer upon pri-
vate corporation. franchises which are claimed 10
be of very great value, without coasiderston; that
protesting against Ibis measure as one
which las been passed without their
that it extends the f1aneh1se for this long period
"19''; years in advance Of the expiration OF the
term already vested In this corporation: nor can
RPsa II sSs aa tffss S
That legislation extending franchi.e Of sni, d..
objections. a charter Of this kind Is very d1neI
ent trom onr ordinary charters for insurance and
otncr lindEed companies. and indeed from ordina-
" railway companies, lnasmuch as the competing
lines may. to come extent, do away with their ex-
clusive and monopolizing character. There can
be but one line Of such railway upon any street;
IN one mauouth corporation covering the enure
city, is to sag the least Of It, measure Of very
doaettq5 e1pedieney: L tends 70 embarrass the
able rights ID the public streets existing In pri
vate corporation, and nay be the occasion hero
af,er fmnch controversy and dissatietaction.
constitutionallty Of the first section Of the bill
there are several other serious objections which
requirc,to be noticed. Byta clause Of the second
rights, privileges OF franchises between the cor
porauons Damed IN this act, or any t~o Of them,
aEe to Be deemed and continued In iorce
and arc expressly made i part of sad
law" The acts and deeds here referred to are not
before the General Assembly. Their special
eenee Of the Instruments referred to- it ta impossi
Bile for me to know whether theae provisions are
lawful or constitutional. except as they arc e1-
tionsbie. when private acts and deeds are sought
to be clothed with the force Of Law, Is It not Of
paramount importance that they ehonld be ex-
iteelif When and how sre the public OF the leg
1s1ature to know what acts or contracts Of these
corporations have by this act become Law?
or undertakings now existing between the Com
mon Council ard those corporations arc restricted
from amendment. modification or repeal without
and undertakings here referred to arc matters ol
contract or vested ri9htH the consent Of the cor
porasors 10 their modification Is Of course elsen-
ttal. md no s,eh proyts,on woa1d bo necessary
OF police regulations municipal control and su.
pervieion, does not this prorislon put an rnwise
and unnecessary reRrtctio1 and Limitation upon
By the aixth section Of the city ordinance OF
August 16th, 1858. which was made a part Of the
acto February 1ath, 1859. It Is provided that the
exceed ave cents. This provision gives to the
company a. right Of which It cannot be lie.
gall5 deprived during the whole extended
q fare Of hve cents. 1t seems uuwise in view Of
the constantly improving methods Of travel and
the constant tendency towards new and useful dis
ser Of sueh modes q travel may b greatly re-
duced, to absolutely bind The city Of Chicago for
so long term to pay this rate. IAts corporation
has sttll nineteen years N which to ma'ntaip this
public interest," especially with those or the poor
er clssses, that nter The expiration Of that time,
the rate OF fate enal! De !elt open 70 u! snco
changes as the condition OF adalss at thai time
shall render desirabfes
beff hss Rro,so T. The 1 .a1y sat ths oi
such aldermen rs may. be present, but shall he
subject to no modification of repeal after being 80
Increased only by msjoEity Of al The 2ldermSn
elected o. bA ths If IT, nv tat n as p
common council Is noT constituted, nine mem.
bers may Increase the rnte Of fare, but
able 10 appreciate this dlsIimfnatlon In the bin
in favor OF the corporation and against the city.
1t Eeems to me thatn any difference were eonsfd-
cred necessary have been Just the reverse
" Tie third section Of the bill, while 1t declares
the prohibition cauee or the act therein referred
to re.enacted does II taet repeal such e!suse for
ion referred TO Prohibited the Common Council
itself from n.horizing any 5silHay upon certain
renders nugatory Me ,eEy prohibitions which Il
proposes 10 re-cnaci. The. proviso Of said third
seciion. Of This bill conlers upon tho Common
the ataent or private corporation, 10 alter, r.
osnsFa, Assembly Of tnis State: L certainly ad.
power can BE- lawfully conferred upon thu
body. Il such . grant OF =. legislative
power Is vad tss ProR,i;ty and s9d eFRpsdlsney T q
is very nuch to be questioned. The ground npon
which this repeal Of this prohtbitory clause is
based-A clause which nm informed was passed
after great confederation, and Ia relied upon By
the citizens OF Chicago as tafeguArd Of CREST I'M
portance is this: thai IL proper that the control
over the streets OF the city Of Chicago should be
glveh to the Common Council OF that city. This
consideration would have much force II It had
been urged by the city authorities Of that city, and
ifft were tue that the section drawn gnro to the
Common Council the full and nnrcstricted control
Of the streets included In that prohibition. But
the eection a. drawn requires the concurrent
action Of the Common Council and Of this corpo-
ration to effect the repeal or modification OF The
proh1bitory clause. 50 that it now stands while
This coepor1i10H can obtain right to run uppu the
prohibited streets By the assent Of the
Common Council, It can at the ssme time,
BY Withholding. Its assent prevent the
Common Council 60n hpsm hps5mitH1P sny o,bet
10 good n ason Why, lfthe Common Couuctl are
to be clothed With any power at all over The pro-
h1l1fted Streets they should not poBscas the whole
power, and there is no just principle oflegis1atiou
which cnn be invoked IN favor Of the proviso In
this scction. which makes the action Of the Com
mon Council, upon 20 important = matter, subject
to the mere Will Of q private corporation, whose
the prohibition IN favor Of any ono but them
selyee.
I have not, gentlemen. in eubmitlng these
views to you been controlled by Any Wisn to in
duence the action OF any one, but solely BY the
destfe to explain the motives of my own action on
this bill. {S1gnedl
R1cnAn2 j. oahEsaY.
Proceedings Of the Leesalature.
lSpecisl Dispatch to the Chicago Tribnne.l
. SrnIxo11E1D. III Saiurday, Feb. 4.
: SEWATE-Mr. Peters called up the bill to author
lie tie WIZ tax ia Shelby, Douglass, and st. clatf