Rock Island Argus. (Rock Island, Ill.) 1871-1872, 1872-08-28

has, under the proViGious Of its charter,
general jurisdiction over the public landing
In said city, has from time to time exercised
such Jurisdiction over said landing by Ap-
propriAliug and expanding monies for its
improvement ana repair; and by legislation
has directed that q particular portion Of the
landing should be specially appropriated to
the exclusive use Of steamboats,, and charged
and collected wharfage Of such boAiI; and has
also dsSignatsd another portion Of the land
ing for the use Of ferry boats belonging to
the ferry company.
The resolution Of the City Council relst-
ing to the landing of ferry boats, was at
the fret aoquissced 10 by the ferry com.
pAny, who removed their boats from their
former landing place 70 the point designated
by the resolution Of the City Council, and
thereafter during the periods Of navigation
continued to land them there until sometime
in the spring Of The pressn: year, when they
removed their wharf boat TO and again made
their landing place at the old location,
which il within the limits Of the general
GtsAmboAl landing, and which thsy continue
TO occupy under the claim By the company
that they have, by the terms Of their char
ter, the right TO choose their own landing
places, and are not subject to tho Liquidation
Of the City Council or the orders Of the city
authorities in relation thereto.
The powers grantsd to the city pertain to
that class known IS the police power, and
relate especially TO municipal regulation or
internal police, over which the authority Of
the State 10 complete, unqualified and ex-
elusive. The power rests primarily and Ill
Hmatsly in the legislature, yet the exercise
~. Al. - Al
thoTities Of towns, cities, counties 3d.,
within their respective limits. Potter's
DeUarrts on Stats, 45l, ct seq, Ieople ps.
Shepherd SO ". J. 2S6. People Us. Draper,
10 ~ y. ga.
IL has been expressly held that among the
powers that may be so delegated, 10 the
power to pass ordinances regulating whsrves,
&C, Mayor DC, Of ~ J. Vs. Ryan 10 z. d.
Smith 1868 and to municipal corporations
on the Mississippi River the right to pass
rules and regulations relative to their land
ingS Culbrtson ps. Southern Belle, l
NsIOb. r. 46l, a. s. District La Kenny
Is. NeI0 Orleans, 10 La. dun, 657.
1t will be conceded that the provisions oil
the city charter Art. " Sec. 4, Pardqraphs
AZ and A, are ample for vesting in the
city authorities the powers claimed, unless
the legislature vas restrained from con.
fsrring them. By reason Of the prior grant tC
the ferry company.
That the charter Of the ferry company il
q oontFaot between the State aAd the corpor
ators, which cannot be materially altered Of
impaired By any subsequent act Of legisla
ton, must be admitted.
The charter authorizes the company "a
keep and run ferry or ferries across the
Mississippi River, between the cities Of
Rock Island, Illinois, and Davenport, Iowa,
and to collect ferriAge Of passengers there.
on and also to land their ferry boats ct ny
point or points in the public landing at said
city, and to change their landing place With.
in the limits Of said city 81 necessity or the
public convenience may require. ThiI last
named privilege pertains to the mansge
msn1 Of the franchise, and il clearly Incl.
dental to the main right grAntsd-nameiy-
10 keep and run a ferry between the points
named. Without such provisions The cor.
porators would possess privileges of like
ehAraeter and extent As those conferred BY
1.-THE right To employ all reasonable and
proper means for the Accomplishment, of the
snd Of their organization. Indeed the in.
cidsntal right, rs expressed, 10 instructive
rather than otherwise, as il il required to b.
exercised, not for the convenience Of the
eorporatOrs, bat, ~ the "publio convenience
may require"
Bot whether the grant was for public OF
private convenience, It Is, in either case
clear subject to legislative control, to the
extent which il has been exercised. 1t il
we'll settled that the rights insured to pri.
Vats corporations by their charters, and the
manner Of their exercise, are subject 10 such
new regulations a. from time to time may
be made BY the State, with reference to the
comfort, safety aud welfare Of society
That although these charters are to be re.
garded Is Contracts, and the essential rights
assured by them are inviolAble, il does moi
follow that those rights are, By force of the
charter contract, removed from the sphere
Of State regulation. and that the charter i'm
plies an undertaking on the parI ofths State
that the rights granted may, during the con
uauAnee OF the charter, be exercised in the
same way and 10 the same extent ~ at frat
permitted. The obligation of the contract
By no means extsndssO far, but on the CON
irary The rights and privileges which ID con-
iers are Only thereby placed upon the same
looung Win other legal rights and privileges
OF the ciUzsn IN respect TO proper rules for
tnen aue regulation, protection and enioy-
men'. Cootey's Cons'aL Limifns, 574 st.
seq Ihs power to enact police regulations
Is incident to and q part Of Voysrnmsut
hneh, and need not be expressly rs,ervsd
when II grants rights or property 10 iudiv;d.
ualn or corporate bodies, as thev taLa .rh-
ssrvisni 70 this right. In granting 10 thsfs,,,
company ita charter, the legislature ba, No,
IN terms surrendered the right to subiee,
II to general police regulations, and, In Al,
absence OF express language TO that effect
such an exemption cannot be infsrrsd
When the couIanv accepted lite charter /
vas upon the implied condition tia
sAsy we're 10 exsrc 20 their rights sab
lset 70 the power Of the State to reRulat
teen 1ee'OnS, as II might those OF individu
- o; d M r. r. 90. us. N. Clelland
~ kN.i l4l, l45l Tia nnuar An ana.