The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-03-22
Spencer ! Robinson ag aiust The People.

the people of this city, commenced last
summer for the purpose Of wrestling from
the people the right to control and manage
their own levee, was brought ON before
Judge Peasants, on Friday, the Dist. The
attorneys for the people are p I. Neil
herne, Esq, city attorney; Messrs. Us
born 4 Curtis, and VIM. II. Gest. FOR
Spencer q Robinson. Messrs. Sweeney q
Jackson and Messrs Connolly x McNeal.
The history of the case is this When
James NJ Rufnrd was Mayor Of the city,
after consulting with the Spencer K Rob.
ipson's ferry company, by order of the
Citv Council he constructed fine landing
for the ferry company at the foot of Eagle
street, Capt. Robinson, for the ferry COM
pany, protesting to be entirely satisfied
70 use that place for a landing, and the city
being DESTROYS of getting more room for
steamers at the levee. Several thousand
dollars were expended by the people TO
make good landing for the ferry, and
after it was completed the landing was oc-
cupicd by the ferry company until
last year, when, contrary to the
order, Of the City Council, and by the neg
lect of T. Murdoch. then Mayor, to enforce
the order of the City Council, the ferry
company returned to Washington street
and remained there, and procured from
Judge peasants an order torbidding the
city authorities from enforcing its action
establishing the ferry at Eagle street, I'M
til such time a. the merits of the case
could be heard
The city claims, Ist that Spencer X
Robinson have no legal charter for ferry
The constitution Of lS4s, Art III Z % de
clarcs that no priDdtc or locR lac rdich
mag b. passed Jy tie General Assembly
st1H embrace more than oHs subject and
that shaH b. expressed n tie title. In
1919 the General Assembly renewed John
Wilson's charter for ferry, under the fol
lowing title An act for the relief of
John Wilson In 1857 Spencer, Robin
son 4 Grant procured Il charter for fer
~ at Rock Island, under the following Ii
tie. An act for the relief of the heirs
and assignees of John Wilson, deceased 90
And in 1867, Spencer 4 Robinson procur-
ed their present ferry charter under the
following title An act to amend an act
entitled an act for the relief of the heirs
and assigns of John Wilson deceased ap-
proved January IS. Ie57 1t will thus
be seen that neither the charters Of lS49 or
1857 or lNG7 expressed the subject matter
ia the titles and that they all were there
lore unconstitutional and y0il-and since
the expiration Of John Wilson charter of
l>4l which was in 1851 neither Wilson.
or Spencer, Robinson \ Grant, or any OF
them, have had legal ferry here at all
We have not space now 10 argue this mat
ter at length, as the lawyers will do in the
Court House but this will give our read
erS an idea Of the first point
The next ground taken 10y the city i.
that, if the charter i, a legal one the Gen
eral Assembly did not possess the power t,
take away from the people the right t.
control and regulate their own lcyec, ant
that the Amended Charter Of this city
Art, ", -, empowers the City Council
Ito regulate and prescribe by ordinance
'or through the harbor master or othe,
authorized officer. such location Of every
steamboat or other craft. or vessel a,
float, and such changes Of station III ant
use of the harbor or landing as may b,
necessary To promote order therein and
the safety and equal convenience. a. nca
as may be. Of all such boats, vessel,
crafts, and floats and also that the cit,
may impose penalties etc. for violating il
rules, together with all expense, Of en-
forcing it. authority.
. These are the main point, in the case
The ferry company has M lcra
charter Ii the Court say it ha,
then the right Of the city to control tn
the landing Is superior and paramount t
any right given the ferry company T.
choose it, landing place
Yesterday, Mr. Gest opened the case i
an argument for the people. This fore
noon was occupied by Mr.. McNeal. for tn
ferry company. This afternoon Mr.. Nc
Elherne, will argue it for the people the
Mr.. jackson, for the ferry, and Mr. O.
borne will close the case for the people
/ We suppose the lawyers will 20 over a
the ground to-day but how long it will b
before Judge Peasants will make know
his decision we cannot say.