, 1870-06-26
SCHOOL LANDS.
Injunction Issued to Restrain the City
from Declaring Leases Forfeit
ed in Case Of Non-Pay-
meut Of Increased
Rent
Pofnta upon which the ln1uMc.
ton wns Allowed.

V
preAd1ng tn The Recordczts Cont, 4 motion was
Ioade for preliminary Injunction to restrain the
city OF Chicago nom enforcing payment OF rent
under the lately appraisal Of scnool lAnds"
Or from declaring the 1eases forfeited IN case the
leasec docs not pay the increased rent which
be sa!id. There have 6een several q such cases
brought. some dozen OF 10, In the Circuit Court
whcro the preliminary lnjunetons Issued Us sort
bond1 Ia the Recorders Co0rt, horcres, Iefe il
staintnEy ltnlsasron imposed upon tho t1sue OF
thus wtit, n effect that notice at the application
for shall DC giveu at the return day oE which tho
ssme rule ,hsi obtains IN tic Uaited stats Coar.
eou t5eTe @ 1 cane On IN ~ r1ens "a ta Whether a
| the temporary injunction ahould issne-
The CASE ws1 OF Adoiph Ii. Cphof. a9atnst the
city urhoi i the lcssee Of Lot 81. IN Block 1s9,
School Section Addition, Of which, last year, the
annual rent w1a <a5S.SQ. and the ANIMAL rental for
which, during The next nye yeara, q 11ed. By the
! larger,
on The part of the complainant there appeared
| FTancts AdAmh, John Ho1ien. and Cotydon Beck
Eng, city Counsellor.
Tbs arHument Of NJ. Adams presents, - being
the bsfis Of the contzoyersy, condition Of the
lease which provides that for the purpose Of liking
the rent a.rer the sth Of May, 1865, It Is agreed
ount sapoas ,1ee ao
discreet male residents Of The city Of Chicago
to determine, under oath frst duly taken, the true
t,ttn M cnssrso ysn ~ ~ 1
thereon" etc and for each term of 1ye wears
thereafter like appointment Of appraisers shall be
made mud like valuations and 2Ss.xhmeAts made;
It being tie intention of the parties 70 the contract
to reserve and to pay aa rent yearly, sum equal
10 an Interest Of per cent upon the cash valua-
Upon this controversy the arsumen1a for CON-
] rlaluans IAN almost upon al fourA The points
l. That thcre must be strict compliance n the
reaprtaiseInent with the provisions uf tae IL lse+
| approval Of tie Mayor. - :,
j. The election Of Talcott, Runscy, and Bots.
vas = ne oS &. Of appstsis s ct
| g1yeu In The lease.
4 And the persons appointed were not "l!sin-i
spterssts., IN iIc scIool iunI anl it, ,ucsrase.
and ,arre w .nayrr -N''' 80
% T. hui ii thsy Ts1e .1uly Appointed. then ,hcir,
Inc opth uresc,Hti III The les u, rs, nlY taknns
sn.. because III. Il. sWarsl ~ vr stprs,saI dos not
. .I y, ,5ae sais sa'1s q is
II mscrpV. ~ '''1 'So'>~ '''s >-'s ''''1 p1~G !
M s e nat ssx sos H.. lof ,he
yuluct1 apgt faIips Into consi,ierstiSp tic In.
pTuScne,,ts therronr aud because separate, ieasea
| arr not ttlrntjnet
n The bli il would seem that tho School Agent,
| on he sth Of Apr1l nrysented a communsc5tion:
a Tue t sSs t.; NE
.nY nsrtifnar sease IN tia, meeting Tsss lS,,.r
he rules were sosreuded to tafe ar, this rommn.
Ween e. sa9q&a sw9
neyer1heless the chatter p1uyilss thst al commu.
nications shall. unleas nI UNANIMOUS consent, ,e
acted upon 1t snbseauent meeting, tton The Re.
rort Of he committee having the ss1ne IN chalge-'
.os 80 s1sa ~ IS as 5 fs
nsesiion q tae School Agent, because eau It's eons!d
ersiion was IN violation of tue charter. !
The ciuuss Of the iease proyiuinr for an npp,aise
nent IA IN ncfccn1ent 10 submit 10 arbitration ,h
a;b1a'ots e ns agrotase b sns SKI tnsFeos me-
| bacE to III co,Emun,cat,on OF he School Agent
! It nust Be ccnsis3eTeI alone. fur INC purpose 8
. m 1nafton y, 6nle1msH Won,ardl .4annrsIssrs ID
sehnnl ia;1da- wars rccte,,. aV.caney snbseaaen,
aTIel, a9a a. th!s -, i'lsd sps5 IL las5,a Z
! tt1,, nf nnI nar1jemar schuol isnds m mention
y ,.a..s any m snccnrstint, xna,rrcr Tns t,en
:, r1vatr M NJ nsrtv' r' naTinr noHcs To- anns'ns
:; tmn anpralsscr. II viii in held to mi
= eoutcEmlsy. III This SAME connection :
~ | ,icr.ton E.esnsc ~ chart,r tie clmraon Ind
IL rnnsi.fa 81 rb, Naynr md two A3,ler1nrn ri
. esea wsId, and i IS shown d lie fssesa taat {
r.. iesss t,an,Irs the ae.on Il N nt tnn ruio.t
t9aneM III, ~, .,r,,,or. xa,o ,,,,,x s,notn,., t,c
act is void BECAUSE he ossh the5 t5oI was not
fhtI1 IT 4
=. hn1 s"Io that ther Wmid sSn,S,rt tSe cnnsts,
=. i,nns Faasrai am $,sta thsI fhsT isd Tos Il
-. snn,d not nuhs ~ ~ sscnntt in 1i,e nor IA
a9 as ns' ~ rSa,r -
n3ne sceorsnr ~ ,E saS sna the lest Of theIr
-. Irrsfs nr,nr hcir h. nnarr.tantinc recjtei A.
na ., s,loan+o1 o1'A ~ ofrcn AN ~
-. nn1,d nnt h. XXI r. conforTn tn fhe rontra
TVu1h ~ 1S,t ~. rn.v snnn1 te swnHn ~ es.mine
~ ay,h Tsine n escf al the ints In said EiocE i
Re. moi tafin9 into Consideration inc improycnel
~ ,ne osth ,hsT ,paS art {nctsaei All t1s csta
o The epp,aIsa ID lio defective, because OF its
81 cerfaipty. 1t does not show thst Tho impro
II The s<rasaM leases.
IN copsIlerabe point was na1le that tic
cw | p11lstra gnvc no notice Of the time and p!aes
tnefe could b. no plea Of linlculty, for the lN
a1e tu The city and the iessaes arc on the land.
IT. this State the lAw, a. announced BY the Saprc
1T Cuur, is thai such NOTICE Is necessity ahsofs
to only w1s notlcc not given, but the axcuts Of
CIV wcru adm tied, ii the absence Of the less
TO influence the result There wss tndeet
Under IN ordnance -eonxnded 70 be nlcg'
uassed providing Ios publications In local
use pulne nn,l pretended to be compiled With BY p
to | lcauon among tho advertisements
ground q. maud In procuring tho Anp1aseua,
ard to prevent cloud On complainant tile.
Nj. Tulcy sfg1e1 that nothing IN the.
shoHsd thai Complainant was without rrncd
= fcisurp was ieclaied, he might defend IN ar
Of ctectmcnt hy Setting up the void arpraisen'
u be might also in defence Of an action 70 reeF
inc Increased rental, He also argued that an
as- does not 6y hss bii oneF to do eqalsr. lie T.
st only to set tsItc the appraisal but does not
to enter upon smother: but seems to le b
eInr 1 oDnEH1senent be not ma1lt WITHIN 4 term d.