, 1869-06-20

The Judiciary COMMITTEES Of the Com
mon Council have reported q resolution d.
recting the Corporation Counsel to prepare
an ordinance prohibiting the cutting Of les
IN the Chicago River. In making the re-
port the committee explained that the pro
hiliion Was necessary in order to protect
the city against damages from possible loss
1 lie and other bodily injuries. The first
IMPRESSION vas that the destruction Of life,
other injuries for which the city might
Sc liable, was in permitting the use Of ice
rAds Of the waters Of the Chicago River,
and We thought, on general principles, rnd
~ sanitary measure, the proposition
night be wise me- No dose can be in
ngincd 80 fatal ns TINT Of section Of the
Chicago River water, sotidihed Or other
wise. It seonB, however, that the 9u-
hciay Committee ware influenoel by
ether than sanitary considerations They
sought to protect ths Treasury, ard not
The health Of the public Applications
we're made Lat winter TO the Board Of Pub
lie Works for lea,e to cut ioe in the river;
The board asked the Council they had
authority to grant such leave, and the
Corporation Counsel answered promptly
that they had not. That Chicago Ia tho
prnnd centre oi the American Continent.
and ia the point Ut which Ill the highways
OF tho country meet, has long been o9n-
oeded. But now the1e Is sdded 10 the list
Of QegaD highways the most important d
lhan all The Corpotnsion Counsel has
informed the Board Of Public Works thai
The Chicago Riyer is ''highway" upon
which the public have the right to tra~e! ;
and, therefore, to cut ice from iswonle
endanger t1ayel thereon, and for any dan
ger resulting to msn or beast from falling
in the holes, the city would be liable, In VII
same way ~ il such accident happened os
Clark street
Chicago RiyeS is, therefore, ons If sa'
rcat highways leading through the cit.
run the Atlantic eoast to the Celestial En-
arr. A highway has always been define
be public road. It originally obaalne'
.ts name because it wxs roadway mise
higher than the adjoining land; hence, th
ierna highway. Being high, it WAS ueve
oyeraowed, and to cut holes ha
always been regarded a misde
neanor. The government, local q
Otherwise, has always been compelled t
KEEP The highway in osdes ard for iriu1ie
resultire from failure 70 do 20, the publ
pre responsible to the injured man c
vx,rngu. as the case may be@ That Ii
river was a highway except TO vesse
.r~v he nexs to those Who arc not up |
the law; but there can be no donot OF i
AZ svell take the Nicolsop blocks cut
Iai:e street, o. the ice out Of tha oeeas
3he public hAvc the right to travel on bot
tot both are legal highways, The f'Te
however, il IN accommodating h1eh~a
In suu,rne. it is not veEy well adapted
vehicles drawn by horses, or e7en to Selo.
Dedos, Then the vessels lay up TOT I
winter, il re.uains highway for any pers
uho can use it, Though it is highway.
-rnhins covered with vates to depth
from seventeen to tsenty feet, and there
10 ohIRahon on the part OF The city
n-cvent this overflow. When the wead
Il cold enough ia form ice,
rive, is again highway:
he Ice be too thin to permit vehicles
1zses to 70 upoa it, there does net se'
be any Obligation on the part Of the 6
uate The highway passahls by proym'
.o, ;oa, L il true, ths river ts at'ef'
It not strong enough 70 bear ao.'
md, unlike othH hi8hxRys, 1t Is noooo