The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1868-09-26
Council Proceedings.
REGULAR MEETING.

Present-Mayor Brower Aldermen Bell
Thomas, Brunker, Murray, Leonard. Colwel,
Burke Walker, Calkius, Rowland and Moore.
Minutes of the last meeting were read ap
proved.
Mayor Brewer submitted the following commu-
nicatlOn:
To tie Boatdot Aldermen of Cayef Otta,ca IN
C0,tacI .iSseaa5Led.
GENTLEMEN At the last meeting of the city coun
Gil, on motion Of Alderman Carol order was
adopted by vote OF ayes, to noes, which srder
was follows
Whereas, there is now pending by appeal in the
Supreme Court efthis state, case in which the
city OF Ottawa is appellant, and the people, npon
the relation of }. d. Cation and others, appel
lees; and whereas the taking of said appeal and
the further prosecution thereof has not been au-
thorlzed by an order of the cOuncll and whereas,
IN the opinion of the council the further expend-
isure OF the funds Of the city is litigation proba
bly, hopeless tand in the present position of affairs
no. for the public interest, if successful is unwise
and IneNpedient; therefore
RESOLVED That the attorneys OF said city in said
case be and they are hereby directed to from
rendering any further service therein except TO
cause said appeals TO be discharged.
Brunker's motion, that resolution lay on the ta-
bIe, was lost, and resolution was carried by the
following vote:
Ayes-Hovand, Bell Theynss, Strobel, Brunker,
Murray, Carol and Leonard-S
NOes-COlWell, Burke, Calklns and Moore-4
| 1t will be remembered that the matter has been
before the city council heretofore and that dis
approved the action of the city council, which dis
! approval was sustained by You on the I'd day of
| June 1868.
Ny communication then was as follows:
To tie board Of Alde1D<a qfhe city Of ONa,ca, in
c0uacU assembled:
| GENrLENEN-At the last meeting of city council
on motion Of Alderman Rowland an order was
adopted by vote of seven ayes to six noes to re-
scsd the resolution passed April eth, 1868 in re-
| at0n to the acceptance Of bridges built by COM
| mISsIOnerS across the canal COlumbus IA
Walnut streets, which said resolution is as follows
That the city council receive no bills propo-
sltions to attend said bridges, or either of them
! and that said city council will not in any manner
Whatever assume the or control of said bridges
or either of them, unless il shall be found by iu
dclal determination that the city of Ottawa ia
Die TO maintain and repair said bridges, and open
!. them Tor the passage OF boats
Attife time Of the passage Of this resolution
deemed the action OF city council iudicious and
| wise, and therefore gave 1t my approval.
have always entertained the opinion, that the
Law authorizing the construction of these bridges
and the levy Of q tax on the town for the payment
OF the same, and requiring the city thereafter to
take charge OF aud keep said bridges in repair was
unconstitutional.
! The reasons for my opinion have already been
given in the opinion Of the City Attorney recently
submitted to city council, and think it unnecessary
for me to embodv them in this communications
| The people of the city were never consulted in
regard the construction of these bridges, their
| =
owners upon whom the burden of taxation for this
purpose comes, believe the action of the supervi-
sors in the levy of the tax invalid inasmuch as the
| law was carried through the legislature without
reference to the wishes or interests of those who
are required to bear the expense not only for
| building but for keeping in repair and tending for
all time to come. The prevailing sentiment seems
to be that the city council ought not accept the
bridges unless compelled TO do after u judicial
| Investigation
| Sympathizing in this feeling, and believing the
| law unconstitutional, as before stated | do not
think it would be right for the city council to ac
| cept aud assume the care and custody of these
bridges until after the liability of the city in ths
| matter shall have been judicously determined.
| therefore return to you for reconsideration the
order passed at last meeting, to rescnd the reso-
luton adopted April 9TH, 1868. Also the order
passed appointing a special committee to report to
city council, whether or not the bridges had been
properly and substantially constructed and had
been fully paid for. +. +. BROWER.
Ottawa, May %, 1868. Mayor
On the day of June 1853 a petition was filed bv
j. u. Cation ct al relator in the circuit cour. of
| this county asking for mandamus TO compel the
officials of this city to take charge of said bridges
in question, in accordance with the act of legsla-
| ture of this state
fore the Hon. Judge Richmond, and after the argu
ment was made the court decided that the city of
| Ottawa was liable and charged with the duty of
taking Of said bridges, also opening and main
| Whereupon an appeal was prayed from decision
of said court to the Supreme Court of the State OF
Illinois, which was allowed upon the following stip-
| ulstion and agreement.
And the parties here to stipuate that the defend
ants need file ne bond that they shall take posses
ion of the bridges in the writ and petition men.
toned and open and clcse the same, and that they
may prosecute all suits for injuries to the said
bridges until the final determination of this suit,
without prejudice TO their rights.
| This agreement has been faithfully carried out
on the part OF the defendants.
The bridges at the time the court ordered that
the city must take and main tain them were out of
repair, and the city council have extended sew
srsl hundred dollars in repairing the bridges, and
paving bridge tenders for the same.
The city council have put the bridges in repair,
have appointed bridge tenders in accordance with
said agreement, which agreement was entered in
to by City Attorney and the relaters, that an ap-
peal should be had, and the tried in the Su-
preme Court of this state, for final decision IN
this matter.
On the 7th day of April, 1868, Ms mentioned in
my former veto, on this subject, the city council de-
clared that they would not in any manner take
charge OF said bridges until it was found by judic
ial investigation that the city was bound to do so,
This last order mentioned still remains in full force.
believe it to be the wish OF the people OF this
city that il shall remain in full force. The appeal
wa, taken to- the Supreme Court in accordance
with the agreement that have mentioned, the OK.
penses ofthe same have already been incurred /
believe that majority Of the people ofthis city de.
sire judicial investis i a OF the snbject BY She
Supreme Coart of ths slate.
Ii was agreed thpt such investigation should be
had on the trial be ',re Judge Richmond.
All the nceesssry cps have been taken for such
an investigation.