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


ID Il Welded by each member Of society
for the benefit Of all. And although indi-
vidual rights nay DO said to be absolute,
thsV are all subject to be contrslled in their
enjoyment, for the general good. Instances
IN which restraints have been imposed upon
persons and property are too numerous for
citation.
II is in shs exercise of this power that
individuals have been required to fence their
laads or forfeit the right TO recover damages
for trespasses thereto; that quarantine reg
ulations have been established Tor the deten-
ton Of persons and property to prevent the
spread Of dissAsss that noxlous trades and
manufactures are prohibited that the cree
ton OF wooden buildings within certain dis
lriels are prohibited that markets are reg
ulated. Aod also in controlling the exercise
Of corporate franc isss, that railroads, ex-
isling and in operation a. wall ~ thereafter
70 be chartered and built, shall fence their
roads, build and maintain cattle guards Al
crossings, attach bell or whistle to every
engine, which shal be rung or Wnisneo
before crossing other roads; the grades OF
railroads fxsd, and the rate OF speed ihefson
regulated that railroad aud sesmooss
| oompauies shall provide ell such safeguard
al NAV be required for the safety and com
! To-, az naasengsrs and others, and TO bear
~. az nsnses thereof. 10 these and thou
80 otber ways duties and prohibitions have
hesn and are now imposed upon individuals
and corporations, restrictive, in some degree,
of individual aud corporate rights, and yet
their oonstituiioBHlity have never been sue
cessfully questioned. Thorp rs. Rutland
& Bur. r. X. Co., 81 W. lao. Gatena
& Chicago q. r. r. 90. Us. LOonsis. l3
| Ill.,, 64S. Same uS. Din % H., 264, D. q
NJ r. r. 20. Us. M Nc ClelLand, rs III l43.
G.. d c. q. r. r. us. Appleby, % H., 2SS
Cooleys C0nsfI Limitns, $40, ct SEQ.
In fur.he illustration Of the principles
on which police regulations IN such cases
are sustaiuSble, it has been held, in severa
adj dyed cases, that lava and regulation'
for the preservation Of good order IN tbs
hArbors Of commercial ports are necessary
police regulations, essential for the proIsc
lion Of all concerned that although suci
regulations may in some measure interfere
with individual rights, they are not there
fore void, but are legal and binding bscaus
for the general benefit, and do not impai
any right 10 the proper sense Of that term
Vanderbilt Us. adams, CO'c'H Il. 34S
, 353 OscMe,s Of brig Gray Us. oicRers Of shi
Fraser ct al. 81 Hoe 1874. Benedict Us
Tdrder6ilt Robertson 1874.
Ii must be conceded that the city author
tiles would be greatly restricted in if not pre-
< vented from exercising the jurisdietio
piyea them over the public lending, unles
that Jurisdiction should be general insteA
Q of partial, and embrace all boats and vessel
using it, instead OF part only. On III
other hand II is not perceived that the ferr
company 10 likely to be, in any cousiderAD
u degree, inconvenieneed BY having itS liant
:, ing places determined by the city authoriti'
9 instead of its own. The landing places, /
q whatever authority designated, must be cue
AZ the public convenience shall require
I" and it is not to be presumed that the CT
10 authorities would be less regardful OF Il
ie public convenience in that particular th'
y y would be the ferry company.
% Applying the principles above stated
= the case presented, and guided in go doiI
: by the application which those principle
70 have received in other cases, am clearly
the opinion;
I l. That the powers granted to the CT
y by ia amended charter, over the publ
= landing, rested in the State and we're co
a IeEIAple ny iekiaiAtAOh uFoh iAo SAJ eHsAN'
y ties.
. 2. That the Legislature were not rsstrAi
. ed from comforting said powers upon u
. city by reaion of the previous grant to q
y ferry company and that the act conferrir
= said powers upon the city is not unconstit'
;, tionAl.
; 3. That under the powers so granted, Il
le city council may prescribe such locasi'
y Of every steamboat, weasel, craft and hoI
and such changes in the use Of the landu
% a. may be necessary to promote order thsI
20 IN, and the safety aud equal convenience,
" near as may be, Of all such boats, vssse
crafts and floats, including the boats Of
ferry company.
40 4. That ordinances and regulations Of I
OF city, enacted in pursuance of its chart
OF relating to the public landing, are bindl
= upon and may be enforced against the fel
IL company in like manner IS against iudiv
70 uals. IRA o. WILKINSON
q Chicago, August Oath, 1872.