, 1866-03-15

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9hen The Council can exempt fluzn assersuest sny
hfoptH5 hey peaEc, and compel others to fay for
&c oensnt other pro e1y receives. For instance
shey my exempt thtir own property and that OF
ray ,he proportional benefit which their properly
receives from The improvement. 1t Il possible
there might Be case whe1e the property Of two
each and the improvement cost only Thousand
dols1u. In that case, II one Of the individuals be
longeu to the exempted cass. .the whole assessment
whore property was not exempted. and still not
ceed The benefit aetru1ng 10 his property, yel hs
would te a;sessed to p.y fol The proportional
benedt aee5nsng 70 the properly exempted, and Tue
Iess sppsrrn, thin it Would BE- II the osd,nsnee 10
terms REQUIRED the whole assessment TO BE- made
npou haIl the property benefited The case before
rsferred 10, and In he record Of this ease shows
that By the asse.ement Of the Bo1rd Of Public
Works, the property Q! the Railway Company was
e e. coanea sst st hsy
the road. 1t foilous iha; IN the new asseesen, oi
increased Just the amount th.t the R.iluay Com.
tauy WIS deemed benefited. In other words. the
other property holders compelled to pay for the
p pop aash asi,bs
tinn Would meet With universal reprobauon, and no
onewo1ld hasc the hardlhood TO make such prppo-
l 08fE
to learn that Qt1h public corporation is anything
but a per.on In law, OF that, because men atso.
c1ate themselves together IN corporate ca.
the operation 81 K as.essment for 6ened,.. INV INV
more than the property Of individuals. The verJ
principle upon which an assessment Il based, and
upon which It Is alone ma1utntnablc, orbfds It 1t
nay be the Council i as competent a. the Board Of
Public Works, to decide upon the propozdo onai
beneht to the real estate Of the company, and e.
Of -sSa, and with The assent Of The company. nro-
ridcd that the assessment thal be upon the corpoE
aton, inftead OF upon the real estate deemed benz
oE ths s1{ ss & Il VIZ
u as n,;saa Il IT, ca
Of he Sostd q q r. PabIae wores Il honceer no
tnch Arrangement ie made, then The real estate ot
the company must be assessed L benefited This
Bos,d d Pab5ie MorEr s ~ a csrates '@3H lhsi hi
tasss Cheated properly - saaot wosh VII, .ac.D; BE
to pay The assessnent. This raight be true. and
st1Il, on the theory Of the railway company, the
assessment S could not Dc made han Or tnitd Of
act assumes that al real estate benefited shall be
asss-eed psopostionaily.
Charters Of The city elnce It's organization, e1cept
the chatter Of 1869, which the Supreme Court In The
ea.c OF The City Of Chicago ". Lasned It u, have
desss'sd 3D. unso1ssi' nt!9Sss t ~ iam adSssa dS
Common Council have power 10 canse The expenses
Of Improvements (cxeept side1nlks) made and d.
resi estate il any Ward in sid dty dsentd | benss m
tited By euch Improvements, In proportion 10 the
benefits resulting thereto, as near as may be, &c.
s5e chstt. 5snt q ef rs SSp p:ssate, M
provided that the expenses OF any improvement
sanctioned in the foregoing section Ito witt paving,
dc-) shall be assessed upon the real estate In any
NATURAL division OF the city benefited thereby, aud
In proportion 10 the benefit resulting thereto as
nearly ss may be The It'll section, defining the du.
ties u Commissioners, use. the samc language
The benefit. &cr
The ordinances In relation 10 the mode OF pro-
ceedtng IN making assessments. Of Apnl, 1851 and
require the Commissioners OF Assessment to mike
oAth tnRt they vii! make the assessment upon the
5sal estate deemed beneated q ProPoEtlon % TIC
nsneux srsnit'9s thereto. &C. tAuntcspal Laws OF
The charter Of 1851 was tn force when the orat-
nance Was passed. The charter conferred upon she
in The manner prescribed 10 Wit: upon The 1csi es-
tue deeu,ed benefited, IN proportion to
the ssnsas s5t4 Fsans nd ,hefs f. I'd il
Council made ordinances as above, conforming to
The provisions OF the charter. When the Common
Council acquired the power, by contract OF
isum lie PROVISIONS ., he c6arte1, and Il these eea
en ordinances on the subject is for the city, Or the
counsel icz the rnll~ay company TO point ont. The
oninan?es ~ Z = shs ~ snae,si ~ III os,,nane
so 1aso n5,rort ~ "a nr.Sa o.eta- 49, ~ ~, -
os;usncs, an6 even lit Terr - n.oTed @ II cnnd n
nSs ne p 4s ne an ase oiAao1 o. 5he
Ire esrona s.etinn ~ me ~ IF ~. ar5.Ist1,e -
relation The horse railways In the cltyo Chicaso
~ nj III = -, sn Mnsu aaI y
, Is ~ sn ~ 1os a y. feu ~
.e.. w. % loss eInPo"e,e tne Iolmon Ionaeu 70
1 - ~ VIII snSa ca1npanice, ooSs not te.
hzk nj ~ x1pTu
Of ths. sW IL eonses or inconsistent M w& the nTo
snhe1cno o. 'as shs1 A1o 5et eonsenoea m
sa,>.l Of tSas I, aw ths Common ;, Council might
11s.o1s ~ Q! ne ehsfts5 n tsstioa to assessmen
rne ehar1ef was , binding hw npon the Common
slont o' the law in reihtton TO hotse railway. In
harmony Win TIC provisions OF the ehsrter; there
being no.htng u he expsees provisions Of the lay,
OF bt necessary Implication, Inconsistent With the
provisions Of hc charter in relation 10 assessments.
1he Law and chaHer ne not cScn IN paTt mner11,
hnd u required the inGenustyot the Mayor, With the
yate ordinance. TO make 4 conflict, for there WAS
none between the IA" and tue Charter. There Is
certainly 20 poUer gwen In the railway 1aw to the
sssn .sRs H. r. anaas
M f4l.aay Aet oi fcnruay 6th. lae, doe not pro.
ttne tpe1haps a Intentional that the oMn
the fa13as shall be assessed 10 pay the eIpense Of
making and rccon1tuctt1R, for ninety nine yea!s,
me ROADWAY o. these tail"sys, requiring OF the
dinag scpa!!t. Nor did The law authorize the Com
Mon C9uncai 70 make fnch contract bnt It j.
s e ECO ta1' nc SGnon Eo9n a'a NJ u e.
ton 70 my railway, 1t Was gross violation OF The
chsHG. .,...,-
:, l1e otonanee rs passed. Wathont the pasfas, ts
thc ordinance PAYS only it supposed proportional
bencdt> Its right Of Wy occupies about onethtrd
Q! the road q the street and npon .hls The sn.
f0$0NGfA