, 1872-12-03

four separate routes-three roads to use the
tracks Of each route. In granting these prlVl-
leges, ordinances in the nature Of contracts we're
drawn with great care, guarding the city's rights
and interests. The companies are required TO
build and maintain Viaducts and approaches Ut
all the streets they may cross, and save the city
harmless against all damages growing out Of the
passage Of the ordinance. They must permit con-
| nections with other roads, and allow side-tracks
to warehouses;, coal and lumber yards, and
manufactures within 1000 feet thereof. to CON
meet with them, and to keep in good repair so
much Of the streets and crossings us may be oc-
cupied by them.
Previous Councils granting. right of way to
railways neglected to insert these clauses in or
dinances. Hence they refuse to erect and main-
tain yiaducts over their tracks except in certain
cases where it is their special interest to do So
But the time has come when the City Goyern-
ment must assert it's police powers, and compel
the railroad companies to build and maintain
viaducts over all the streets they obstruct,
They have no right to endanger life and impede
travel, and incumber street-crossipee with
trains. and intlict enormous damage on the citi-
gems, in order to escape the cost of providing
the people mode Of unobstructed transit. free
from peril to person and property. 1 know Of
no more important subject which can engage
your attention than deyising regulations and
ordinances which will force the railway COM
panies to cease their. aggressions at the
streetcrossings on the long suffering people.
It is entirely out of the question for the City
Government to assume the cost Of building all
the yiaducts md approaches at street~crossings,
and maintain the same. The railroads should
not expect it, and the Treasury will not be able
right to the use Of their streets and highways;
and where q railway cannot Cross a street on
grade without doing damage and injury to them,
it becomes the duty Of the company to carry
their tracks either 90 tar below or above the
highway as to leave the free use thereof to the
public to whom it belongs. The simplest solu-
tion of the antagonism Of interests is for the
companies to build yiaducts with easy up
proaches thereto. The public would be willing
to accept this compromise; anything less they
will and should moi.
There are various other matters upon which I
should like to remark, but the length Of this
communication precludes them.
On the question of the collection Of munic-
consulted with the Law Department.,
and herewith present the views of the Corpora
tion Counsel thereon, together with his state
mont Of the present status Of various suits be-
fore tho Supreme Court, involving special assess-
ments for street openings and improvements.
ALI that predicted in my inaugural messagos.
concerning the rnpdity of the recovery Of this;
city from its fearful lossos inflicted by the fire Of
October, 1871, has moro than come to pass. We
can look around on city almost restored in the
equal to that before the fire with trade and,
commerce largely increased; with tens Of thou
sands of newcomers added to our population
with general good health; With hopes and pros
poets OF continued growth and progress in the
future as in the past and, is it too much to add,
with jealous and prudent municipal adu1inis
tration to protect and promote the rights and in
terests Of the people?
JOSEPH MEDn1, Mayor.
TAXES AND ASSESSMENTS.
The communication from the Corporation
Counsel, referred to by the Mayor, is Us follows
Hon. Joseph lfedtN, Mayor:
informed that the tdal amount Of assessments,
S43 s0885 Of which $193 80 for street. openings
and other condemnatons. New assessments have been
collection Of which in the hands OF the City
Collector. The remainder of the amount Is in Htga
ton, about $So0, 900 Of which is pending appeals
from the County Court on Collectors return made in
June lust There is due to contractors for work done
under assessments, 9S048. The decision Of tho
Supreme Court IN the case Of Norton "a. CITY, re-
makes the city liable for s43. 3.86o05, this being the
amount Of assessment on horse railroad companies
having no right to such railroad companies, IS
liable to pay the respective contractors who did the
work under those assessments.
The Of Rich rs. City, upon which, us stated in
your last message the Supreme Court of this State
had granted the city rehearing, has been decided
opinion delivered upon the reheazing aud, while the
CITY, by the last opinion is relieved from any trouble
to street condemnnho1s which haFe nsen completed,
AAAA-A - 0
permits any defence to be made upon the application
for Judgment, which tends to show that the ASSESS
ment ought not to be collected.
The Legislature having provided q new system for
making condemnauons Of property for opening streets,
the CITY, except 80 the collection Of the
nents for streets already opened. The amount Of |
which uncolected assessments, IS before stated, is
$193, 51.80. !
Inasmuch IS tho law which has been adopted by
the city makes provision for notice by publication and
By mail to property owners and gives them right to
n trial befnra warrant iE8uG n
assessment It is believed that assessments hereafter
made be easily collected than under the old
system mode and that the rulings Of the Court will
he favorable to municipal corporations seeking to
improve their cities. rehsaring was also granted
IN yoG. e last sh' esssee seeh Seh tho
Supreme Court held, in effect that no more assess~
mens could be made upon those who had successfully
The Supreme Court sustained its former decision |
against the city but not on the same grounds and in
OF Chicago decided about the time as the rehear
ing upon the Beygeh cse tho Supreme Court have de-
cided that under the charter provisions such
decision. J.
All the assessments for improvements of the streets
in the year 1863 prior to December Of that year. were
made upon form Of ordinance which has been held
to be invalid the original ordinance in the case
Of The Onion Building Association &C. The City, above
referred to; yet the Court held in that case, that
Charter.
There is believed to be no difficulty sn making these
gtruction given the Charter by the Supreme Court and
TINT those who have congratulated themselves upon
having escaped their just share Of the cost Of mprov
ing the streets can be forced to pay.
The city to the collection Of its taxes and specfa1
assessments has met with many difficulties resulting
from the destruction by the great fire. Of October 1871
Of the warrants issued for the collection Of
the same, and although every effort was |
made to obtain the legislation deemed
necessary, but little accomplished in that irec
tion Legislation tedius process under the pro-
visions Of the Constitution and the great
Of general legislation made necessary BY that insru
uent together with the great diversity Of views upon
revenue Matters all tended to render it difficult to OBJ
tain the legislation necessary for our city.
It Is probable that at the coming session. when the
Of the Constitution will be better un-
derstood, aud the work Of legisating Hereunder will
have become easier, not only the legislation for |
Own city but also that for the entire State so
far the mode for enforcing the collection Of rev
iB concerned, will be better nnatured than WAS
possible at the last acssion,
Under the legislation Of last winter, applications
for iudr1neut 11ada the Col1rt1