, 1866-11-19
An IMPORTANT pECss1os.

-" N-~
renee Baer and others, tbetter known As the
Sorth Clark street Assessment Case the su.
premc Court Of Illinois, through Judge Law
renee, hare rc-aflismcd the Judgment Of the
Superior Court, FIRST setting aside or ignoring
the grounds upon Which that decision WINS
based, and then reaching the same coaciu-
sion by another route. The effect Of the de-
ctstou is not only to hold the North Chicago
City Railway Company liable for their pro-
portion of the cost of the improvement Of
North Clark street, hut to make all the other
city railways liable in like manner for the
Improvement Of streets IN which they ruu.
1t will be remembered that on the 9th Of
July, 1865, the Common Council passed an
ordinance requiring North Clark street,
from the north line uf Chicago avenue 10 The
dock line ofthe Chicago River, to be cusbcd
NTH stone and paved With the Nlcolsan
pavement The Board OF Public Works
proceeded to make an assessment upon the
real estate deemed benefited By the con-
tesnplated Improvement, and reported It to
the Common Council, by which body It was
approved; and on the 18th Of October,
warrant was issued for its collection. Law.
renee Bacr and other property holders On
North Clark street RESISTED the assess.
ment on the ground that the ordinance
Erautiug the right Of way IN
that street to the North Chicago City Rail-
way Company. required the company to f,ay
their proportion of the cost of the inpsore-
nent, whereas thcy lad not been included In
the assessment. Judge Wilson, Of the supe.
| rior Court, sustained the objections, and set
! inside the assessment, basipg his decision On
! the alleged forgery Of the ordinance By Her
ytt1tH kn1x1 ha {f3ah x,fT
| Clerk al that time. He held that the ordi.
nance, as passed By the Council, required the
| railway company to pay their proportion Of
the cost Of all Improvements Of the htreets
used by them. but that Mr. Keeismanu had
| pasted over this ordinance piece Of writing
| altering the language and relieving tbs COM
J pany from such liability.
An appeal from Judge Wilson'S decision
| was taken TO the Supreme Court. On the
question Of the alleged forgery the Court
say:
'.oD this Issue much evidence was taken, aud
to Ii discussion much Of the argument hiss been
devoted. Whether, however, ills pasted paper
Gsnee esss sSnlasiSs for tes IL e.
I question which, IN tbs Tiew ~ hare taken Of The
| case, It's unneeeafxtT 70 decide"
The Court then adopt new line of reasou-
Ing, and hold that under the constitutional
provision requiring equality Of taxation, the
railway company must pay their share Of
the improvement-it having been previously
decided, In the case Of the CITY Of Chicago
~. Larued, ttAt special assessments tall un-
der the same rule as other taxes. The rail-
way company, having permanent Interest
III the Street, during the probable continu.
aucc Of tue pavement proposed to be laid
down, they must pay their proportion, ac-
cording 70 thc benefit conferred, and this
proportion must be ascertalncd and assessed
against them.
II the law Is the perfection Of human
reason, and ifit be the function Of the Judi.
ciary to administer justice, surely there was
never more lucld or righteous decision
given. II Is gratifying. also, to the friends
J Of Mr.. krelsmaun {whom VIC devoutly
believe to be an honest mani that the end
was reached without an nfltmance Of Judge
| Wilson's argument.
But this is not all. The following eirnif.
cant paragraph Is found In the dc-ision:
; Tho City Council has made contract With the
r eGmrsny. b which @ u has esantea ny 10 ne iastes
nnn ot tna street for term, bJ he original ords
nine y,ars; 81, saesaer Me cS couneu I nt.s Iss u
tendet Mt t<t1n for oeeupysna The street. sa1,
1t Tins appcars TINT tho opinion which
We held two years ago, that the Legislature
had no right to grant away the corporat
r franchises Of Chicago, or to alter the term
8 Of the contract between the city aud tn
: several horse rnilvny companies, Is also IL
q opinion Of the Supreme Court. It follow
0 that the attempted ninety.ninc year swiudl
I. Is u miserable abortion AMER Nil, and ths
| t.