, 1865-01-28

divide tue Ilunder at lheir leisure. They
know that what is cvcrybody's business is
ncbody's," aud they believe that no rallying
1soint Will be found on which the energies Of
..hc people can be concentrated to recover |
their lost rights. It was upon Euch prinri |
pies as these-princfples which would dis
honor the gaming tahle-that the thill con |
coming horse railwaE. in the the city Of Chi. I
caro-" las bccn rushed through the Lcgis- |
latu1c.
We bt1eve that the people arc not dis
1,oscd to rest the case here, and submit them
selves to be p'ucked by every powerful cor
puration that mag have money enough to
controla Legislature. At oil events, such an
operation shall not he consummatcd with our
assent. Ncbellcve that the city Of Chicago
xas as many vested rights as horse railway
company. and that those rights cannot be as-
sailed with impun'ty. On the 10th day Of
August. 1853, The t,,; counch passed an
ordinance which forms The ground dsork Of a1l
AAI 1AA *ty 4lAAAAtSEo Ill kAG NAt3s AHE 4Vk4
section OF that ordinance is Us follows:
".sEo. 10: The right to operate sa'd railways
from the passage hereof; And, ut the expiration
Of said tfllc tie parties operating said tatlwlEs,
shall be entitled 10 enjoy al ct el1d pHvilcaes un
I'll the Common Council shall elect, by order f0-
lint purpose, to purchase sald tracks Of said rail-
Ways. csrs, carriages, htstion houses, station
grounds, depot grounds, furniture aud implements
OF every kind and description, used iu the coy
Hffurf1nn or 0ftrfrfTr, ~ 1uiH rtiiT1FS nf
the appu.tehauces in and about ta- same, and pay
nuat1.''
On the 14th day Of February, 1857, the
Legislature passed IN act to give full force
and cffec, to the ordinance above mentioned.
The 1rsl section Of the act made the persons
named therein body corporate and polite
for the term Of twenty-five years. The sec
ond Section was as follows:
.sSEc. 9. The sald corporanon ishereby author
lied and empowered to construct, nsintain and
operate single Or double track railway. with a1l
side:track= and nrpcnaa.es, In the city Of Chicago
anc In, on, nvcr aud along such street Or etfcets,
hishvas or hi:hways. bridge Or br'ages. riysr ot
S0uth Md West l,iSihiohs of the cry OF Chicago,
xs the Common Council OF sa.d city hare author-
tho1ize lid corpors,ioa 70 to d.. in sncp mauaer
ard upor such terms and conditions and With
such rights und privileges as the said Common
or any Of cItlc1 Of 4hcm prescribe; bur said cor
po.asIon shall not be liable for tho loss Of 11y bag
Esee, carried on said saiwass. kept IN snd Under
the care u its owner his servant or a:ena'
1t VIII be perceived that the act Of the
Legislature gave to the 1alway company
only such rights and privileges as the Com
mon Council had alrcady given them, or
might thereafter give them. One OF these
was the right to operate their roads for twcn'
ty-fve years. The right to resume the fran.
chise upon paying the Companies the value
Of their property, WAS especially recttcd IN
the ordinance, and therefore expressly recog
nized by thu Legislature. The clty Of Chlca
90 is corporation in the samc sense tha
the railway companies are corporations, ant
therefore just as capable ot'possesslns vested
rights as ther. The question whether I
Legislature can make any giant which sub
sequent Legislature cannot take away. ha
never been determined by our Ltshes
judicial tribunal. 1t was held b!
Judge Trumbull during the last ses
sion Of Congress, in q debate o1
tho international telegraph bill, that it Wa
unnecessary to declare IN the bill that t'thl
"act may at any time be altered, amended o
"repealed BY Congress-" because Congress
could :ltc:, amend OF repeal it anyhow. Bu
on. point Is this: If the horae railway com
1,anies have acquired, or can acquire, m.
vested, irrepea1ab1e rights By act Of the Leg
islaturc, tctaf las become Of 0!e ,ssed right Q
tie eitu Of Chicago to taxi these franchises At III
md oftrfnt.-tfrt ueoY4f We nod that, unde
the principle of vested rights. forty Lesisla
lures cannot take this rested right from thF
corporation Of Chicago. and that no powel
but the city Of Chicago itself can ALLEVIATE it
1t Is plain that the trainers OF the bill
which las jnst passed, had In mind the tac1
that tic Legislature Of 1853 intended TO leave
the hoTsc railway companies IN exactly tn
position where they found them-that Is, sub
jcct to The pree&as1ang ordnance dhe nc
OF 1851 simply mode tnem ooos eorporao
ana poiitc 'or t"ensy'nse sea.s "atn u
"4a fo".t aA & ~ W.
poia''ono-1aa' -, WILL 'ne po"e' ~ GU
AN ~ aaa' ~ .1. s@.1 Wv 49,. - s -. 80,
e'|' Wv '~~-''' 'o o,'
D' '4~ 'A
WIN " AA ~''' w <7
Ut" "a''o'" ~ s@'."~' n o1D'
"o'os 'Ae s'A'"e 4N's eonn' ~ ~
nu aau' o.e.f'.' ao' "A'' 'n' s'us.a
r'ent o. tnunle'pa' ECU eo'e1h'''' ou' IL
guaranteed ''en' VI LIE c''s utat' 4 ''f'''e
acl.
1ne ena'ne1ess ae''144f u '1s ''tl "i1'A LII
no" oeen laseeo a'e o'scusSea e'Se"''ele i
+a na1, The ettecttoo of tho r,con,e once NOR
.,.oto.r .,.o >..s,.o .r,,,o,, ;sa,
" Ans e4''4 :. ~ 49, '@ - ~
Impending oSe1 'nen'' "oa ""'c" 's only nei
by the narrow thread Of the Governors sle
nature. Governor Oglesby intends to do tina
which shall annear to him to be right. Or
s-,,,,u., =. ;.,n,,s+ancas he xor1d mt =
oe - -,.n.t,x. f.o,,
Jnstneo !" "4lano'o'Ns -. N'~
bf1l passed with euch uhansn'i's. but We oE
lieye 1t is possible for The people Of Chic;
m IN make such a demonstration t
the,r 1,so,,,,or.1 as u,,, ;ndnce him tn with
49,, -, 1:E .n,c., .,,o,..,.
Ao'o n's sts'"At"e' auu o' 'e1'ns Au~. 'et..
sentatascs IN tic Legislature 1oat 1ne OIL
1.-{11 ..nter III hno rF nt,uf,, Tf c1erffo,