Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1865-04-22

oi~oLH A1f08IANv O8CuSl0N.-Ae the 70.
cent session Of the Supreme Court Of Iowa,
held in this city. decision was given sf-
fifming decision made in the District
Court. November Term, 1864, restraining
the city Of Davenport from claiming any
privileges in or authority over that part Of
the levee or steamboat landing, known -
the Ls Claire Reserved Landing. the same
being 2OS feet front from Perry street west
ward
In this matter the city claimed the right
to regulate the wharf limits in the city,
and also the right to assess and collect
wharfage fees from oil river craft landing
therein, and under an ordinance duly passed
and approved, proceeded to carry said as
sumed right into effect. This was opposed
on the part Of owners Of said Reservation
and Grant l. Smith, ~ Trustees for Wood
ruff & Co., into whose hands the property
has fallen, commenced suit to test the Va
lidity Of these rights.
The evidence Of the proprietor rights to
I'll the privileges connected with that prop
crty, was a. follows: Antoine LIE Claire
Vas the original owner Of the ground where.
on this city stands; in laying out the city
he reserved certain portion, 2Os feet more
or le =, on the levee, where the present land
ing is. and marked it Reserved L .nding'
on the recorded plat. lie reserved it to him
self-giving the corporation that might
snsue, no right or control over the matter
whatever. In lS46, Mr.. Ambrose c. Full
ton proposed to erect = Touring mill on that
Reserve, and purchased the property Of
Mr.. LIE Claire for that purpose-20S feet
front on the south side Of Front streei aud
next west Of Perry street, and south to low
water mark. Thinking, perhaps, that the
question of his right to that landing might
sometime arise, he did not content himself
with deed from Antoine lie C'aire alone,
but took the precaution to obtain grant
from the city Of all its rights Of whatever
nature therein; and then to further strength
en- his claim and bar out future claims, OBJ
,ained from the county Of Scott release Of
any interest it might possibly therein enjoy.
This was the nature Of the title that Mr.
Fulton obta ned, and at that time was
thought TO bs without flaw. This same
title was conveyed by Mr.. Fulton to J. N.
d. Burrows, and from him it has passed to
Woodruff l. Co., the present owners.
The Supreme Court in giving its decision
in this case makes use Of very forcible, not
to say severe, language, as applying to the
city authorities, for even entertaining the
idea of laying any claim, either probable or
possible, TO that property or any Of its i'm
munities. It sustains the proprietors in all
the rights they assumcd-of making it q
public landing for steamboats-to erect
thereon any building or improvement they
may desire anywhere from the south side Of
Front street to low water mark. and 2oo feet
west Of the west side Of Perry street, and
takes particular pains to warn the city
against any iniringements upon those rights
or in any manner Whatever. This, We pre-
sllme, settles the matter as to the right oi
in front Of that property. It virtually de.
cidcs another pont-that the wharfage al-
ready collected there, some fvc hundred
dollars or more, has been taken without au
thority, and that the same must be returned
to the proprictors Of the Landing. 1t may
take another lawsuit to bring this about, bu
We presume the city will not care to incu
any more expense in that direction At tn
present.
Whether the plaintiffs will continue 4
give the boats free landing or not we canno
! say. Their right to do SO is now clearly es
tablished, or to charge and collect wharfag,
as may be thought proper.
1t is claimed by some that the next ste
' taken by the city will be to warn all boat
from landing at the Reserved Landing
and Ak the limits within which they will b
required to lqnd. Bat we hardly credit tn
rumor, for such q step could only end i
smoke The city of Davenport has no NOR
right to say thata steamer shall not land q
the Reserved Landing than that she sha'
, not tie up to particular cotton wood tire
down in Missouri; no more than it has tn
right to res rain her captain from calling 4
' our Office. This is not Supreme Cous
decision, but will be found equally valid
;. ever tested.)
The weak point In this matter is not tn
fault Of the present city authorities, nor il
). immediate predecessor. The mischief VI
e done, if mischief it be. when the city voluu
d tarily waived all its rights in and to tn,
3 parcel of property above described; and tn
IS only blame that attaches to the city authc
tiles Of the present time ia for the as>umI
|. ton Of power to estop an absolute righ
. granted by Its predecessor years ago Tha
has failed. and we hope that wisdom will q