, 1869-06-01


.sssrJ that the amount Of money required for >he
condemnation Of land selected for park purposes
be ascerained with reasonable celtstut!, before
Assessors; and, whereas, ihe Commizxoner7
have made careful * persona! inspection
dilgent inquiry as 70 tie value CT each piece aud
are fully aaytsed In the premises; and, Whereas,
that & ,s 80 will be required fur the condemna-
ton of the land selected; therefore
Reao9red, That this board 10 now 1x and deter
amount Required ioF sho purpose Aforesaid, and
that the Commissioners forthwith sppty 70 tne
judge of he Circuit const Of Cook County for 10
OF Cook, as Park Assessors. as required By the
seventh section Of the act last ADORE mentioned.
a'te xas m.de de. e 1ee
was entered, the Court declining to MAKE the
appointment because doubts had been s1gy:ated
ne q he q as se5s =
that nn1dnw+* Issue to judge wAitzas, FoSair-
hx n nm 70 reeve near aud act upon tho pesttou
Tie legal points male o7 the bs!es Of eompstu-
!. Tho act provides foE the appointment, - soon
- the amount required for condemnation Il the
land Is asce1tained b5 the Commissioners with
= Tne amount to be assessed is the whsA,
auanunt Of damages to he pad for the ground,
provided the special benefits are equal to soeh
Land purchased u well US for iaoa condemned.
3, There Is no legal objection to this feature Of
me sst ser does !s,t Z n1on.;y T. aect psoPe1
cectlnRs for condemnation are Instituted, tho
compensation nlIst depend upon the tul1Rne9k
q tho appraisers: and when purchase Is nads
there Is the Judgment OF swcrn officers a. to tha
value -
4. The amount required for payment il to b.
asccrta1ned With reasonable ce.taluty, It becomes
the duty Of the Circuit Cout1 ta make these ap-
golntmsnt: Il nes being soatsn7:sted, hy nc al
nte certainty al to tue amount needed to curupe1
safe propeEy-oHnesa in making tho estimate
the coc,m!sslonsss aes ua'er cath, and their
Upon this basis street improvements II i1e CITY
are made, snd In that case the levy Is made In ad-
vance ii tie performance Of the work
3 Tic assessment Is to he m1de on peopc9ty il.
be deemed 10 be benefited, ard tawe j. %
e tou rel!ese3 i rom shelns N ,ss sn'ea &.
rense ef the Improvement Under
if charter: !hs ely may sy eu! PARIS and asses,
constitutional principle Of equality of eaxatton has
been carefully obseT. ed. ami thert Is no objection
that the assessment Is conltaed to three towns,
tec Improvement being a!:o confined 70 them,
E!:crefofc there IS no presumption taat the spe-
c4a! benefits Will extend bryon.i their lu1ltA To
sessment made for street tn,pro sements, md tha
Ceuzt Sa3 a:.ca::y celd that e Imitation on the
powers Of Coz m!sstcners N respect to the going
Il
seSslueuts, Il hot III conflict With the constitution
| cuAG.+i'lESERs CT toS;,EMSATl3s.
10 sa.s Esfis!9a Is s;a;sd tLai undss tho ezts
case these Commissioners fail to a-rrc with tho
/ owners Ut property selected fur PARK purposes,
| nrler shc act Of June -, 1871 The Commission
I cts, among other property. have selected trait
owned oy one SAMUEL .. Jackson. being the esss
half OF northwest quarter Of northwest quarter Of
Section ~ ard are unable TO sFfee with him as to
the rTce PROPER to be rald fer II, wherrfore upon
Eotcc to him, the: haze .prayeL for The appoint
! rnent Of holHi OF condemnation, which petition
! has been refused by the Ctrcnt Court. IN the
ground that the legislative act IS sunconssttusonal-
stle TO procure the money whe:e.ltil 10 ia'isn
na tsn eouereea M IN ssh ase 81.
lrom acting, be would decide pr. 'orrsa asa,nat
nc FcI;a;3o. s,1 cnr. ars a
! i. II the net he constitutional, the 9nty OF
Judge Williams, respondent, IL c.a:. It /, not
claimed ths1 tho Lssl,ture can create corpora
ttoE. and confer npon it the right Of emiuca. 40
! nlalll, without providing for compensation.
In this case the objections to III" hill are statet
! to he: .....
| Gent Of Leneiits is invalid. because It dednes
district In which the ASSESSMENT Is to be ma,le,
and because the Leels1stErr has no power to rc-
g. Tha, the Commissioners have no Right to ID
sue or eel to1tis, or to assess AZ provided
Theroints made IN answer to these objections
arc stated tn the Of Ih- tG7's asEerl in
| relation 10 the n.attct Of taxation.
United <,a,es coErts.
! 4 iury comes tsA Lay, tn this c1nEt for the
trial ol eou,lnon law tss,t.s. IN tc Circuit Court
Il is understood that .!nt!sc Dayis will re'ale-
When the trial Ct the trial calendar shall have
been completed, 1t Is probable lhat revenue cases
will be heard o5 the same Jury
!, NEW sElT@.
xn.t Ghs1aes b,1ssn5, z secEs s,s & Hiram canhelh As
Hiram y. Strong y. schooner Iver LawBon.
Collision. - ....-..,
| Martin johnson Ct nj. v. bark Sweetheart Col
| ltston. @3
In Dankrunfcv.
Al GitutiaA-Solhan F. 11tch, 0fChicax0-
Eati,lri To -trit. cas Dtaeha.qt .qt--Nilliam L. XII
bcurn, Of chiengoi William o. Cole, Of Chicago.
! Not in session.
John Thomas, OF Rsc:ue, Wis.,, s. Joseph Cone
Rerlevin OF hessc, buggy. harness and hufrai:
John T. LilenberE :. John 3, Schumacher ant
Augusta Splinter. frespasA damages laid 2
da1if states that he Is c7s-ri,c on business 81 No
6a1z Chicago aveuue as = saloon and boarding
hocse keeper, and he charges that on the night Q
ton or authority, entered his plnce Of businea4
Bhacfed hin as 20 the wrists with 'tcome alonya.
and then imprisoned htn-
| superior Cour1-
John G. Phil ct ais. 5. Edeard Hamilton ct a1s
Cease stated On Saturday, Ferttlck fur PLAINTIFF
| for s61..s22
| Daniel Wren :. Francis Hcuacrson- Fos SO.
Henry Rote.ts :; r A. Knapp and u. A. Has
Sicholas jausen :. Joseph Brooks Fos defend
M.chse, Freten y. Philip Hll,z AID I. Hoffman
For s6a
! Daniel Eat1'n '. PhtEbe Rad!n- Decree Of d