, 1866-12-25
RAILROADY IN THE CrTv

The Common Council are engaged in CON,
s1dering various amendments to thc CIV
ChatteF, TO he Incorporated in bill yhich
the Legislature will be asked to ennct into
law. We notice that the Council. ia Com
mittec Of the Whole, hare agreed to the fol-
loving, to be included In the powcrs Of the
city government:
1tnM. 70 authostfc the u+e OF The streets md
dsye dss n SAD dty BY railroad eompsnles :Fon.
such sucet Eive thels consehs." &C.
There arc two extremes OF policy on this
| question. The one which would, without
restriction or Limitation, place every street
and avenue Of the city at the use and occupan.
cy Of any railroad and the other that would
exclude them entirely from entering the city
aud from using or occupying any street,
This amendment practically carries ont the
| 1sttcs policy. Chicago owes much to the
railroad system which centres here, The
business Of Chicago cannot be transacted
without giving 10 railroads certain facilities.
but while the city should be liberal
with them, it does not follow that the cIty
should surrender everything they NAV
demand. The proper rule Is to make all such
grants upon conditions and Limitations.
Railroad companies have no greater rights
than other persons. In granting them the
rixht 10 use the streets Of this city, the con.
hidcratlon is the public benefit resulting
from such use. When that considerations
'a'ls, the city should have the right TO re-
claim tue street. No railroad should be ncr
fdtted TO use any street for any other pur
roee thnn laying lis track thereon. When IL
uses lhe zane aH standing place for Its cars.
or erccts sheds, warehouses, and depots
thereon, It becomes q public nuisance.
not compensated for By any public adyan.
taEc All that any railroad eau reasonably
ask Of the city is the right Of way over
ard across the streets to its depots. ANY,
thing beyond this Is unnecessary, and ehouid
never be granted. 1t WIS undoubtedly the
intention OF the Council to restrict the usc
VI streets by railroads to the layine of tracks
therein. II would be safer, VIC think. 10 add
to the first clause such words as will prevent
any future misunderstanding, or difference Of
'rfniou, en- this point.
Tho effect Of the amendment will
tc to exclude nl1 railroads not now hay;n,
the right Of way, from entering the CITY, aud
thus confer monopoly upon those which
lave the right. However deslra b1e this NAV
hc to the railroad companies who now en,oy
this special privilege, the time has not come
taat no other 1ai1foad sl,nll come here. To
say That no other rai1road shall enter Ch1ca-
70 is absurd 10 say that no other ruIlroad
saal! nave the use Of street or alley for Its
tracks. Is simply to force al new comuauIes
10 pay bounty to some company having
thc use thereof, for the privilege of using lis
tracks, We do not believe that In granting
Inc ufe OF the streets to railroads to enter
the city, 1t was ever intended that tho com.
panies TO Which the privilege was granted,
should sub-iet or hire ont that privilege to
Others Yet 1t has been done, and Is now
done to large extent In Chicago
The proposed amendment 10 the charter
iHoS'oes that tho consent OF = majority of
Tue properly owners on atrect shall be civ.
I'll before the Council eau grant permission
u Inc laying nf track on any street. Why
;he consent Of the owners of property on the
strcets The idea that tho owucr Of lot has
any more Just control Of the street on which
That lot fronts, than any other citizen, has
been judiclal1y and wisely exploded. The
proper 1ulc Is, that whenever the general in.
terrsts Of the city will be promoted BY
the openinE Of street, by lhe
vacation ofa street, CT by giving It's use 70
1ailr0ad, CT by taking its use away from
railroad company, the Council should have
'ho power to promote that general good,
whelh.r the owners Of lots to be affected hy
the proceeding, or tue railtoad companies,
wish ruch action or not The amendment will
give to the owners Of majority Of the prop
ctty fronting on street, the power to ur.
clude the cntrapcc OF d new railroad, even
when the Interests OF the whole city NAV dc.
;naud 1t, AID OF course the property owners
would refuse to give TIER consent We h,.pc
'he Council will correct this before flnal
action on the amendments. It might BE-
made to read thus:
TO arihot.zc :hc u.c Of The streets aud alleys OF
sc CITY hy raLonn Goa pauics. for fhe tsY1n,, of
i:eEs ihesctn: Fct@dtd, that ntl much rsanis shall
&c sutL ln.i ntatnA ana esi1c Ion. rs The
siuc," &c. f'S