Rock Island Argus. (Rock Island, Ill.) 1871-1872, 1872-08-29
CITY ATTORNEY McELHERNEs OPINION
ON THE FERRY QUESTION.
He gave the same opinion last April which
Judge Wilkinson gives now.

the City Of Rock Island, Ills.
DEAR SIR: You ask my opinion on your
quesIion-"EIas the City Council of Rock
Island the power under the Charter of their
city 10 ordain that the owners Of the ferry
boat "Rock Island" shall or shall not land
their boat at any particular point on the
levee, between Buffalo and Madison streets?
10 the Private Laws Of Illinois, of 1857,
page 81 in "An Act for the relief of the
heirs and Assigns of John Wilson, dsceas-
ed, passed and approved Jan. 28, 1851,
appears as follows. "Section @ That the
said John ". Spencer, Themes J. Robin
''son and James Grant, their heirs, associates
land assigns shall have the sole and exclu-
"sive right for and during the period OF
time mentioned and referred to in the frat
section hereof, that is to say, until the
"twsnty-sixth day of February A. D., eigh.
"teen hundred and sixty-oRe, and for the
term Of ten years next thereafter, to keep
land run ferry or ferries across the Missis
''sippi river between the cities of Rock
4 island. Illinois, and Davenport, Iowa, and
ITO land their boats, belonging to said ferry
''st any point or points on the public land
ling at said city OF Rock Island, and to
''cbange their landing from place to place
within the limits of said city, as necessity
'or the public convenience may require
Provided, that one Of said landings shall
"be kept between Buffalo and Madison
streets in said city of Rock Island"
Also in the Private Laws of Illinois OF
1867, Vol. 2, page 804, in an Act to amend
the above Act, approved Feb. %, 1867
Sec /, provides that all provisions, grants
and restrictions" of the above act abe, and
are hereby continued in force for and during
. period Of fourteen years from and after
the passage of this act"
/ also fiud in the "Ordinauces of Rock
Island" page IS. the following taken from
the charter of the city of Quincy, which By
act of Feb. q, ls47, applies TO other cities
in the Stste) "Section 4. The City Council
shall have exclusive power within the city
BY ordinance, TO license, restrain and regu.
late the keeping Of ferries" &c. &c.
Also. 10 the amended charter of the city
of Rock Island passed and approved FEB
10, 1857, Sec. ~. Article 4, It ia provided
that the City Council have power ITO regu
through the Harbor Master or other author
ICED officer, such location of every steam
boat or other craft, or vessel or float, snC
such changes of station 10, and use of thu
hGrbor or landing as may be necessary Il
promote order therein, and the safety ant
equal convenience, as near as may be, of al
such boats, vessels, crAfts, and floats snc
may impose penalties" &c. &c.
My opinion is that the City Council ha
power in this case to designate the place OF
and regulate the landing of said ferry boat
within tue limits mentioned in the charter I,
its owners.
The owners Of said ferry boa
! by their charter have the sole AM
exclusive right to land their boats
belonging to said ferry, At any point O
points on the public landing, and to chang
their landing from place to place as neceSsit
or the public convenience may require.
! The language of their charter, togethe
with the power of regulating the landing Q
all boats, crafts and vessels at the levee
9iven to our city in its charter, clearly, il
my opinion, intends to make the city tn
Judge of the public convenience or Leoessity
1 and not the owner or owners of the ferr
boat.
The exeroIss Of this discretionary powe
is 3 matter of police regulation requisite fo
{ harmony in the use of the Levee, not d.
8 priving the owners of said ferry boat of an
vested rights under their grant. but merel
regulating the use of the privileges therei
granted them.
\ IL the city had not the power to regula!
the landing of said boat, then all other leve
regulations affecting the landing of steam
boats or other vessels, loAling and unload
ing of merchandise and coal, disposition G
freight &c would be liable to be disturbed
confused, wholly interrupted, or set ,
nsught whenever the interest or caprice {
the owner or owners Of said ferry bol
prompted them to interfere to-day the
might wholly stop street or sewer improve
ment on the levee-to-morrow land the
. boat at the very spot designated as th
q landing for some other vessel-the next de
a land in front of large pile of coal or mer
chsndise awaiting shipment, thus proving
4 source of great annoyance and confusion 0
0 the levee and of labor and expense to OF
business community.
The police power Of the State is base
, upon the maxim $50 use your own thi
you injure not another's property" and tn
o power is and may be exercised in innumer
= able ways and instances, and is the du
-elstjon and domestic order of the Stat
vb.rsh-- it, inhabitants like the members
a val gova,,. Il fspily are bound to cOnfOrI
shsir general beha -a'F 70 ise rules OF propr
ETY. and good neighbor. "sa az W oe lnau
trious and inotfsusive in SF 'ssP"''''
stations. II,
at extends"says Judge Red6eld, l" u
protection Of the lives, limbs, health, co
fort and quiet of all persons, and to the pre-
lection of all property within the State" 81
must of course be within the range of legi.
lative action to define the mode and name
in which every one may so use his own a.
} not to injure Others" by this geners
police power Of the State, persons and proE
erty are subjected to all kinds of restraint
and burdens, in order to secure the genera
comfort, health and prosperity of the State
to do which, no question ever was, or, upo
Acknowledged general principles, ever ca
be made, so far as natural persons are cor
cerned."
This police power in the State, as far a
: our levee regulations are concerned, ha
! been delegated 20 the city of Rock Island b
Section AZ, Article of the amended cit
charter above cited.
To deny that the city has such power
under the charter, would be to deny III
right OF the State to exercise or deleRat,
such police power, as against the charter O
grant to the owners Of the said ferry boat.
1t the owners of said ferry boat claim til,
right to land their boat at any point on on
levee between Buffalo and Madison strests
they can only do so BY virtue of their char
ter above cited, and in opposition to "a,
police power Of the State delegated to III,
city of Rock Island.
Ii sa we'll settled principle of law, thu
IN constituting government grants, the courts
Will construe them most strongly agains. thu
grantee, and in favor of the gransor; that !,